Loading...
HomeMy WebLinkAboutDecember 4 2012 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES DECEMBER 4, 2012 The Iredell County Board of Commissioners met on Tuesday, December 4, 2012, at 7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman Steve Johnson Vice Chairman Marvin Norman David Boone Renee Griffith Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Tracy Jackson, Finance Director Susan Blumenstein, Planner Matthew Todd, Planning/Development/Transportation Director Joel Raczkowski, ICATS Assistant Director Ben Stikeleather, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson INVOCATION by Chairman Johnson PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Vice Chairman Norman to approve the agenda with the following amendments. Addition: Request for Approval of a Proclamation for the South Iredell Football Team Revision: Listed on the Agenda was a Request for Approval of an Inter -Local Agreement in Regards to Project Prosperity. This item was changed to a Request to Call for a Public Hearing on December 18, 2012 in Regards to an Economic Development Incentive for Project Prosperity Deletion: Request for Approval of Revisions to the Iredell County Substance Abuse Policy VOTING: Ayes — 5; Nays — 0. SPECIAL RECOGNITIONS & AWARDS: MOTION by Commissioner Griffith to adopt the following proclamation in recognition of the South Iredell High School Football Team. VOTING: Ayes — 5; Nays — 0. PROCLAMATION HONORING THE SOUTH IREDELL HIGH SCHOOL FOOTBALL TEAM WHEREAS, student athletes on the South Iredell High School Football Team attend school in Iredell County, North Carolina; and WHEREAS, the Iredell County Board of Commissioners desires to recognize students who have excelled and achieved great feats; and WHEREAS, on Saturday, December 1, 2012, the South Iredell High School Football Team was victorious in winning the North Carolina High School Athletic Association 2AA Football title in a 30-27 victory; and WHEREAS, this great accomplishment is the culmination of the athletes' hard work and long hours of practice as well as the mutual support, coaching, and encouragement from the coaches, the parents, and the football fans; and WHEREAS, the Iredell County Board of Commissioners is extremely proud of each and every football player on this impressive team and wishes them well in their future endeavors; and WHEREAS, the Iredell County Board of Commissioners commends the coaches for creating a preeminent football program and championship team. NOW, THEREFORE BE IT PROCLAIMED THAT, the Iredell County Board of Commissioners hereby congratulates the South Iredell High School Football Team and coaches for their outstanding year in sports as well as for their efforts in becoming the first team from Iredell County to win the North Carolina High School Athletic Association State 2AA Championship; and BE IT FURTHER PROCLAIMED that a copy of this proclamation be presented to South Iredell High School Principal Aron Gabriel and Head Coach Scott Miller. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for a Local Industry: Statesville Regional Developer John Marek said earlier this year the county commissioners approved an industrial incentive request for Project Bar 1 which was a $23 million expansion of an existing Statesville automotive parts manufacturing company with no new jobs. He said, however, there was the possibility of additional investment and job creation in the future. Marek said Phase I of the expansion project had been successful, and the company was considering additional investment over a longer period of time with the addition of new and "highly innovative" product lines at the Statesville facility. In addition, Marek said a significant number of jobs might be created. He said the company was asking for the original request (written agreement was never executed) to be modified retroactive to January 1, 2012, to account for a total investment between $80 million to $100 million over five years. Mr. Marek said the company was also planning to create new primary jobs; however, the exact nature of the hiring wasn't clear. He said the company would prefer for the agreement to not be contingent upon any specific job creation targets. Marek said the company currently had 320 full-time employees with another 50-60 through a temporary agency. He said that over the improvement period many of the existing full- time employees would require extensive retraining, and some, but likely not all of the temps, would receive additional training and be converted to full-time employees. Marek said additional employees would be added depending on future business levels and projected needs. He said the average company wage was well in excess of the county's 3.1 average of $15.73 an hour as would be any new jobs created. Mr. Marek said the company desired to remain anonymous until later this month when an announcement would be made. He said the company had operated in the current Statesville site since 1988 and was one of two facilities in North Carolina. Continuing, he said the plant had a footprint of 300,000 sq. ft. Marek said that even though the expansion would not add to the overall size of the building, portions of the structure would undergo extensive remodeling with areas now used for warehousing to be converted to production space. He said Statesville Regional Development was pleased to recommend, in accordance with the Iredell County Industrial Development Incentives Program, and G.S. 158-7.1, that the unknown company known as Project Bar 1, be granted a modification of the previously approved incentive as follows: The improvement period will be January 1, 2012 through December 2016 with the projected capital investments being between $80 million to $100 million and with a current plan investment of $12.6 million in 2012; $10.3 million in 2013; $34.9 million in 2014; $3.5 million in 2015; and $26.7 million in 2016. He said due to the total capital investment being more than $30 million, it was recommended that the incentive be structured at .388% of the new capital investment over six years, as allowed by the county policy, for a total incentive of $1,599,848.00. Marek said in addition to the property tax revenue and new well paying jobs, the expansion guaranteed the continued global competitiveness of the Statesville facility for at least the next decade and demonstrated the company's commitment to the Statesville region and Iredell County. Commissioner Robertson asked about the motion due to Mr. Marek previously (closed session November 20, 2012) mentioning an incentive ranging from $955,000 to $1,616,000. Marek said the calculation was complex because there would be a stream of improvements over a period of time. He said there was a high end, and then there was a projected figure of $88 million depending upon future equipment costs. Marek said the $1.6 million was the high end while the $1,599,000 was the projection. No one else desired to speak, and Chairman Johnson adjourned the hearing. 2 MOTION by Commissioner Robertson to approve the incentive in an amount between $955,000.00 to $1,616,000.00, over a six-year period, based on an investment of up to $100 million and contingent upon an agreement being executed within 180 days. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of Amendments to the 2008 Mooresville Comprehensive Transportation Plan (CTP) and Request for Approval of a Resolution Supporting the Revisions: Town of Mooresville Transportation Planner Neil Burke and David Keilson with the North Carolina Department of Transportation (Planning Branch) attended the meeting to discuss this request. Burke said a CTP was a long range transportation planning document that considered future land uses. He said the technical document detailed to the Town, the County, and the NCDOT, what the transportation network and the roadway cross sections needed to be in 2030. Burke said many improvements had occurred since 2008 and small area plans had been adopted. He said that on November 7, 2012, the Iredell County Planning Board approved the CTP as presented. Burke then discussed specific amendments that had occurred since 2008 as follows: Doolie Road -Oak Tree Road Reclassification: • Reclassification from collector street to minor thoroughfare • High school and connection to Morrison plantation should be factored into improvements on Doolie Road • Provide an additional route from the peninsula to the high school • Reduce congestion at NC 150 and Doolie Road Midnight Lane — Oates Road Proposed Overpass Reclassification: • Recommendation from Collector Street to Minor Thoroughfare needing improvements • Results of feasibility study indicate that this roadway would resemble a minor thoroughfare • Proposed connection would be used as an alternative to the NC 150 corridor Shearers Road Reclassification -South of Rocky River Rd reclassify to minor thoroughfare — needing improvements from major thoroughfare -Shearer Rd in Mecklenburg Co. is classified as minor thoroughfare — needing improvements. It makes sense to match the designation across county lines -North of Rocky River Road reclassify from minor thoroughfare — needing improvements -This change will limit the improvements to a future 3 -lane section with safety improvements and will reduce the amount of right of way to be reserved Perth Road Reclassification -Recommendation to reclassify from minor thoroughfare to boulevard needing improvements •2030 projected volumes indicate that the corridor will need to be widened to a 2 -lane boulevard -Match Troutman's CTP (recommend cross-section) -Additional residential development and bicycle considerations Commissioner Robertson mentioned how long it took for the Brawley School Road to be widened, and this roadway was relatively flat and straight with no bridges. He said Perth Road was not relatively flat, and it wasn't straight except near the State Park Road. Continuing, Robertson said Perth had two bridges, and due to all of these issues, he wanted the realtors and developers to know that it would be many, many years before the road was improved as stipulated. Robertson said people shouldn't buy a house with the expectation that Perth was going to be a four -lane boulevard with two new bridges anytime soon. He asked Mr. Burke his opinion about the matter. Burke said Perth was not on the DOT project list. He said that in accordance with the 2030 plan, it would be wise to widen the roadway but with only two lanes. Burke said that in order to prepare for anticipated development, this recommendation was believed to be warranted. Robertson said many people had already purchased land on Perth, and all of the conditions existed for this roadway to become another Brawley School Road. He said people would become upset if they built a house and expected that an improved roadway would happen anytime soon. 3 Commissioner Griffith asked if Mr. Burke was saying the improvements would be on the next 30 -year plan. Burke said the DOT reviewed the CTP when considering projects for the TIP (short term project improvement list). He said that as Mooresville and Iredell County transitioned to the MPO next year, a new process (long range transportation plan) would develop. Burke said the direction received from the MPO staff was to implement projects like Perth Road and a benefits/cost ratio would occur to determine if the project were warranted. Burke said it was highly unlikely there would be improvements on this roadway in the next 5 to 10 years. Chairman Johnson said it was basically being said, "If it's not on this list, it will never happen, if it is on the list, it may happen sometime." Burke said correct. Robertson said this was different from what realtors told prospective home owners, which was "it's going to happen." He said the home buyer didn't call the realtor, they called the commissioners and asked, "Where's the road?" Bluefield Road Alignment Modification — 677/Exmore Road Overpass -Connection recommendation in the Cornelius Road SAP — re -alignment of Bluefield Road and I-77/Exmore Road Grade Separation -Both projects would serve the intended development in the small area plan -Roadway is within 75 feet of the southbound lanes of 1-77 and the road will need to be relocated to accommodate the widening project -It is recommended that the proposed realignment of Bluefield Road be shown as a boulevard on the amended highway map Sundown Road Extension -Connection recommendation in the Brawley School Road SAP -This project would serve the intended development in the Small Area Plan and take pressure off of Brawley School Road and Williamson Road -Recommendation that this connection be classified as a minor thoroughfare Cornelius Road — Mazeppa Road Connector Alignment Modification -Current CTP showed a preliminary alignment for this roadway connection -Alignment revised based upon the outcome of a feasibility study adopted by Town board on November 16, 2009 -Town is in the process of completing roadway construction drawings and acquiring right-of-way for the adopted alignment Stutts Road Reclassification -Recommendation for a reclassification from local street to minor thoroughfare needing improvement •5,000 daily vehicles and a road width of 18 feet -Residential development and a marina at the end of the road -Upgrade to 12 foot lanes and intersection improvements NC 3flredell Avenue Reclassification -Recommendation.for a reclassification fYom existing boulevard to major thoroughfare -Limited right -of --way to widen the roadway in this area -Projected traffic volumes do not indicate that this roadway will need additional lanes in 2030 -NC 3 east of Culp Street will remain as a recommended boulevard Other NCDOT CTP Highway revisions (Since September 18, 2012) -Change Exit 33 and Exit 36 to interchange needs improvements -Recommended capacity improvements -Bluefield Road — 2 -lane boulevard from NC 150 to Cornelius Road -Extend Mazeppa Road 4 -lane boulevard from Overhead Bridge Road to Penske Way -Overhead Bridge Road 3 -lane section from NC 150 to Mazeppa Road -Shinnville Road 3 -lane section from US 21/NCI15 to Ostwalt Amity Road -Oates Road 3 -lane section from Talbert Road to US 21 4 -Talbert Road 3 -lane section from NC 150 to Oates Road • Widen to 12 foot travel lanes -Flower House Loop -OstwaltAmity, Road • NC 115 between McLelland Avenue and NC 150 CTP Public Transit and Rail Map Amendments • Change express bus service from "existing" to "recommended" -Town Board voted to not renew the service contract for the 83x at the 10/18/10 meeting -Relocate the recommended rail stop from Legacy Village Development to the proposed NC 115/East-West Connector Intersection -Approved by the Town and CATS in 2012 -CMAQ Park and Ride Project funds are being re -appropriated to other projects -Amend map to account for 1-77 HOT lanes project In regards to the rail stop, Commissioner Boone said he hoped there were not any intentions to return to the County and ask for funding. Burke said there was no intention of doing this. CTP Bicvcle and Pedestrian Maps Amendments -Bicycle map was updated to reflect recommendations from approved plans -Existing bike lanes were shown on the map -Roadway corridors indentified for improvements in the bicycle plan on the map -Carolina Thread Trail and Lake Norman Bike Route -Recommendations for bicycle accommodations in approved small area plans were added to the map -Pedestrian Map -Existing sidewalks map updated to reflect 2012 conditions -Recommended multi -use paths in the bicycle map amendments were also added to the Pedestrian map Recommended Plans, Policies and Programs -Several connections have been removed from the collector street plan -Fairview Flyover/Exit 33 feasibility study, •I-77/NC 150 Diverging Diamond Interchange Conversion •NCDOT has adopted a complete streets policy -Many of the Town's adopted plans and ordinances encourage bike, pedestrian and transit elements in the design of transportation facilities Public Input in Regards to the CTP Deborah Bowen, a resident of 101 Castle Gates Drive, Mooresville, NC, asked the board to permanently remove any reference to a connector (bridge) between Oak Tree and Doolie. Gregg Biftle, a resident of 319 Doolie Road, Mooresville, NC, said the money that might be used for the connector would be enough to build another high school. He said some residents would lose access to the lake with the connector, and he asked for its removal from the plan. Beth Rathkey, a resident of Happy Oaks Road, Mooresville, NC, asked the board to oppose the Oak Tree Doolie Connector. She mentioned the numerous accidents/fatalities that had occurred in the area. Rhett Dusenberry, a Mooresville Town Board member, said he opposed the Doolie Bridge, but he didn't feel it would be built. Dusenberry said the Catawaba River chain had been designated as a sensitive water chain. Dan Haitheox, a resident of the Morrison's Cove subdivision, said the Morrison's Plantation Parkway was a boulevard (2 -lanes each direction). He said the traffic that was trying to be diverted to Oak Tree was only for the high school, and it was listed as a thoroughfare. Haithcox said if there was an effort to alleviate traffic on Morrison, that Oak Tree should be a boulevard. He said, however, there was no way to construct four lanes on it. No one else desired to speak, and Chairman Johnson adjourned the hearing. k, Commissioner Boone asked, assuming Oak Tree/Doolie were removed, but added at some point in the future, if the funding would be affected. Burke said it was not on the TIP at this time. He said taking Oak Tree/Doolie off would be fine due to CTPs being amended from time to time. Keilson, with the DOT, said the TIP was a seven-year plan, and there were also five and ten-year plans. He said a governing factor might be the required environmental studies that took time for completion. Keilson said working within the MPO would be different from the RPO. Johnson said he was in favor of removing the bridge. He said markets and demographics would drive these types of improvements. Commissioner Boone agreed with Chairman Johnson. He said that due to (1) the concerns about the connector and (2) the bridge probably would not be built in the near future, that the Oak Tree/Doolie project should be removed from the plan. Boone said this issue was discussed in the 1990s prior to the construction of Morrison's Plantation Boulevard. OTION by Commissioner Griffith to adopt the Mooresville CTP but with a stipulation that the section pertaining to the Oak Tree/Doolie Connector be removed. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Case #1211-1; Rezoning Request from Jerome Howard to Rezone 3.72 Acres from General Business Conditional Use District (GB -CUD) to General Business (GB) Location: 1240 River Highway, Mooresville, NC: Planner Matthew Todd reviewed the staff report for this case as follows. STAFF REPORT REZONING CASE # 1211-1 EXPLANATION OF THE REQUEST This is a request to rezone 3.72 acres at 1240 River Hwy in Mooresville from GB -CUD, General Business Conditional Use District to GB, General Business District. A mini storage facility and office building are currently located on the property. This is a straight rezoning request and therefore, all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. OWNER/APPLICANT OWNER/APPLICANT: Jerome Howard 209 Pine Island Drive Charlotte, NC 28214 PROPERTY INFORMATION LOCATION: 1240 River Hwy, Mooresville; more specifically identified as PIN 4637097816.000. DIRECTIONS: 1-77 south to exit 36; right onto River Hwy SURROUNDING LAND USE: This property is surrounded by commercial uses and vacant land to the north. SIZE: The property is 3.72 acres. EXISTING LAND USE: A mini storage and office building is currently located on the property ZONING HISTORY: This parcel was rezoned in 1987 to GB -CUD for building materials and equipment sales, including open storage when fenced. The properties directly to the west and east were both rezoned to straight HB in 1987, while the property across River Hwy was rezoned GB in 1989. This property was developed with a mini storage facility and a commercial office/retail building in the early 90s. There are no records as to why the mini storage facility was permitted when the conditional district clearly stated that it would not be a permitted use. During our research of this property and looking at old tax maps it came to our attention that the rezoning from 1987 had no notes about the CUD when it was drawn on the official maps. However, this mistake must have been caught years later when the maps were put into a digital format. However, by that time the property had already been built out and developed for a number of years. OTHER JURISDICTIONAL INFORMATION: This property is located within the Town of Mooresville short-range USA boundary. The only comment concerning the rezoning was that this area is a commercial area and development is already there. OTHER SITE CHARACTERISTICS: This property is located in the WS -IV -CA Water Supply Watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: There are no NCDOT traffic counts on this section of River Hwy. The capacity for this section of River Hwy is 13,800 vehicles per day. SCHOOLS: Because this is a commercial 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 Department. They have no issues with the proposal. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning & Development Department for review to change the use or develop the property. Zoning requirements such as parking, landscaping and buffering will be reviewed at such time. Plans will be reviewed by the Planning & Development Department for compliance with Erosion & Sedimentation Control standards. STATE: Other than building code, there should be no formal state agency review at this time FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Corridor Commercial, which includes existing commercial, office, and/or retail uses that exist along major thoroughfares and highways or areas that will include commercial development in the future. These areas are both within and outside the Iredell County Urban Service Areas. According to the plan, uses within this area generally should include retail, restaurants, entertainment centers, automobile series, personal services, other commercial uses, and office developments. The GB district does fit into the Corridor Commercial designation. Other information to consider is that the properties surrounding this site are already zoned straight General Business (GB) or Highway Business (HB). The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be commercial. The proposed district fits into the Corridor Commercial designation and is consistent with surrounding zoning, and based on existing zoning of the site and the adjacent properties. SITE REVIEW COMMITTEE: No members were able to attend %I PLANNING BOARD ACTION: On November 7, 2012, the Planning Board held a public meeting to hear this request. No one spoke in opposition of this request. The Planning Board voted 7-0 to recommend approval of this request based on the consistency with the 2030 Horizon Plan. Carlos Delarosa, the business manager and representative for property owner Jerome Howard, said they were unaware of the zoning conditions until recently. He said nothing would change on the property until it was sold. No one else desired to speak, and Chairman Johnson adjourned the hearing. OTIO by Commissioner Robertson to approve the zoning map amendment and to make a finding that the approval was consistent with the adopted 2030 Horizon Plan and that said approval was reasonable and in the public interest due to its consistency with the 2030 Horizon Plan; as a result, said approval furthers the goals and objectives of the 2030 Horizon Plan. This approval allows all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Case #1211-2; Request from the Origin Food Group and Westside Real Estate LLC, to Amend a Light Industrial Conditional Zoning District (Ml -CD) Site Plan Containing 13.35 Acres; Location: 306 Stamey Farm Road, Statesville, NC: Planner Matthew Todd reviewed the staff report, as follows, for this case. STAFF REPORT REZONING CASE # 1211-2 EXPLANATION OF THE REQUEST This is a request to amend the site plan for a Ml -CD, Light Industrial Conditional District zoning district, on 13.35 acres at 306 Stamey Farm Road in Statesville. This is a conditional request to expand and add additional buildings for a dairy production facility with associated commercial/retail use. The development of the property will be limited per the submitted site plan. OWNER/APPLICANT OWNER/APPLICANT: Origin Food Group and Westside Real Estate LLC 306 Stamey Farm Road Statesville, NC 28677 PROPERTY INFORMATION LOCATION: 306 Stamey Farm Road, Statesville; more specifically identified as PIN's 4714-44- 9591 and 4714-44-7591. DIRECTIONS: 1-40 west to Exit 146; left onto Stamey Farm Road site is on left. SURROUNDING LAND USE: This property is adjacent to 1-40 and Stamey Farm Road. Residential and farming uses surround the remaining portions. SIZE: The property is 13.35 acres. 8 EXISTING LAND USE: Formerly known as Homer's Truck Stop, this parcel had a gas station/truck stop/restaurant facility that has been shut down for a number of years. Currently the property is being used as an ice cream and yogurt production facility. ZONING HISTORY: In 1987 this property was rezoned HB, Highway Business for a convenience store with the sale of gasoline and fuel oil and all other permitted uses under HB. In 1990 the property was rezoned from HB to GB, General Business for a proposed dairy product distribution facility (which is not a permitted use in GB in the current ordinance). In 2009 the property was rezoned to M1 -CD (Light Manufacturing Conditional Zoning). The conditions imposed were the site plan and permitted uses of mixed Tight industrial and commercial retail uses for a dairy processing facility. The proposed new additions require an amendment to the existing M1 -CD. OTHER JURISDICTIONAL INFORMATION: This property is located within Statesville's short range USA boundary. We did not receive any feedback from the City on this request. OTHER SITE CHARACTERISTICS: This property is not located in a Water Supply Watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The nearest location for NC DOT traffic counts is right in front of the facility. In 2007, the average number of vehicles per day on this section of Stamey Farm Road was 3,500. The capacity for this section of Stamey Farm Road is 9,000 vehicles per day. SCHOOLS: Because this is a commercial 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 Department. They have no issues with the proposal. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning & Development Department for review to change the use or develop the property. Zoning requirements such as parking, landscaping and buffering will be reviewed at such time. Plans will be reviewed by the Planning & Development Department for compliance with Erosion & Sedimentation Control standards. STATE: Other than building code, there should be no formal state agency review at this time FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Highway Interchange Commercial which includes existing or future commercial, retail, and service uses located proximate to interstate interchanges on major arterial roadways. The intent of these lands is to provide for high intensity uses related to travel. However, secondary uses may include retail, office developments, and higher -density residential uses. The proposed amendment to the Ml - CD district does fit into the Highway Interchange Commercial designation, based on the limiting conditions as proposed and the site plan as shown. Other information to consider is that the current traffic count for this area is not close to capacity. The properties across Stamey Farm Road are either already zoned Highway Business or shown on the 2030 Horizon Plan as Future Highway Interchange Commercial or Employment Center (Industrial/Flex/Office). The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be commercial. The proposed request fits into the Highway Interchange Commercial designation and is consistent with surrounding zoning. Potential traffic impacts should not come close to the road capacity. Public Input Meeting: The public input meeting was held on October 5th at 4pm at the site. Five attendees from the community showed up to hear the proposal and voice their opinion. Main topics of discussion from the public included the buffer along the rear and southern boundary and waste water processing for the facility. It was stated that the buffer would remain and if 9 removed would be replaced. The waste water will go to the private waste water treatment facility while some of the gray water will go across the road to the Stamey's Farm. SITE REVIEW COMMITTEE: No members were able to attend. PLANNING BOARD ACTION: On November 7, 2012, the Planning Board held a public meeting to hear this request. Four people spoke at the meeting, one of which was in favor of the request. The others who spoke were concerned because of an access easement along the rear portion of the property and the potential for the removal of the existing buffer. It was stated during the meeting that regardless of what happens with the easement, a buffer will be required using either the existing vegetation or a new planted buffer per the requirements in the code. Other items of concern included storm water runoff from the site and erosion. It was stated that the parties involved needed to work together to resolve concerns over the easement. The Planning Board voted 7-0 to recommend approval of this request based on the consistency with the 2030 Horizon Plan. Mr. Todd showed aerial photos and noted the drainage patterns. He said there were concerns from neighboring property owners about water runoff, and the site, developed in the early 1990s, was primarily paved. Todd said there was a gully encompassing a large area. He said a review of aerial photos taken in the 1990s revealed the gully was there then, but there was no way to determine if the hole had been increasing in size. Commissioner Robertson asked if the erosion gully prevented adjacent property owner Aubrey Boone from using his land. Chairman Johnson said the access road to Aubrey Boone's property was to the west of the gully. Robertson asked who owned the land south of the site. Mr. Todd said Gene and Sue Hines. Robertson asked if they could access their land. He also asked the gully's depth. Todd said approximately 25 feet both in depth and width. Chairman Johnson agreed the gully was probably 25 -feet deep. He said at some points it could span 30 feet in width, plus numerous decayed trees had fallen into it. He mentioned that three or four trees had fallen across the gully recently because they still had dirt on the roots, along with bark and greenery. Johnson said there was an on-going erosion problem, and it would continue. Mr. Johnson said he was a strong supporter of the business community, but there should be a limit on damage to adjacent property owners. Mr. Todd said several meetings had occurred at the site, and DOT Engineer Mark Taylor had been included. He said the existing culvert belonged to the DOT, and it had been described as an "open functioning culvert." Todd said there was a DOT water flow stipulation indicating that if corrected, the same velocity had to be reached. He said it couldn't be straight piped all the way down, rather it would have to be an open ditch where there were check dams to slow the water. Don Greenlee, the General Manager for the Origin Food Group, said that when the rezoning request was submitted, an effort occurred to include everything planned for the next few years. He said all of the construction would be in the impervious area or the asphalt. Greenlee said the gully was inspected, and a meeting had been set up with Aubrey Boone as well as the Hines couple or their representative. He said it was unknown what could be done about the issue, but the company was willing to discuss the matter. Sue Hines, owner of the property were the gully was located, said it would be appreciated if the hole was fixed. She mentioned there was no problem until the property was paved for the truck stop, and the pavement sloped lower in one area to accommodate the runoff. Aubrey Boone, a nearby property owner, distributed a packet of materials with history on the property dating to 1986 along with photos of the site. He noted that the planning staff report included a statement as follows: "Plans will be reviewed by the Planning and 10 Development Department for compliance with Erosion and Sedimentation Control Standards." He then showed photos of (1) the runoff from the yogurt manufacturing facility (2) the catch basin (3) the pipe from the catch basin and (4) the drainage that flowed to the Hines' property with the resulting erosion. Boone said the contractor for Homer's Truck Stop had never placed anything at the site to slow the erosion or any check dams. He mentioned another runoff problem occurring near his stepson's property and land owned by the Stevenson family. Johnnie McLeod, an adjacent property owner, asked for a green buffer between her house and the company. Chairman Johnson asked Mr. Todd if a buffer, as mentioned by Mrs. McLeod, would be required. Todd said yes --a buffer would be required along the entire back line. Commissioner Robertson asked about the sedimentation and erosion control standards that were in place in 2009. Todd said in 2009, when the plan was reviewed, much of the property was impervious surface (only buildings were added), and the code did not require a soil and erosion plan. Chairman Johnson asked the board's authority to place a condition on the request. He asked if the board had the authority to require a condition, if the applicant agreed. Todd said if all parties agreed, then a condition could be stipulated. He said it would be recommended; however, due to unknown factors such as engineering that care should be taken to stipulate only conditions that could be met. Chairman Johnson asked if Mr. Todd could provide some terms wherein the board could couch a motion containing a condition enforceable by the planning department, if the applicant was amenable. Todd said something could probably be drafted. Johnson asked Mr. Greenlee if he had the authority to agree with the condition(s). Greenlee said his board of directors would have to be contacted. Planning Director Joey Raczkowski said there wasn't much his office could do to enforce anything, but the staff could serve as mediators and a resource for the discussion. He said that if the request were tabled, it would be his recommendation for the public hearing to remain open but scheduled for a certain future date. Commissioner Griffith asked about January 15, 2013. Mr. Greenlee said he was uncertain as to whether or not a plan could be developed by that time. Raczkowski said the public hearing could be tabled until January 15 and if this was too soon, it could be tabled again. Chairman Johnson said it was being understood that Mr. Greenlee was willing to take the matter back to his board of directors for discussion. Greenlee said yes. OT1ON by Chairman Johnson to continue the public hearing for this case until Tuesday, January 15, 2013. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing for the next case. Case #1211-3; Rezoning Request from Lars Ekbert to Rezone 4.575 Acres Owned by Carolina Precision Construction Inc., from Neighborhood Business (NB) and Residential Agricultural (RA) to Highway Business Conditional District (HB -CD) Location: 1262 Oakridge Farm Highway, Mooresville, NC: Using overhead maps, Planning, Development and Transportation Director Joey Raczkowski showed the close proximity of the next two zoning cases and the surrounding land uses. He then reviewed the staff report for Case 1211-3 as follows: STAFF REPORT REZONING CASE # 1211-3 EXPLANATION OF THE REQUEST This is a request to rezone 4.575 acres at 1262 Oakridge Farm Hwy in Mooresville, from NB (Neighborhood Business) and RA (Residential Agricultural) to HB -CD (Highway Business Conditional). This request is conditional per the submitted site plan, with the following conditions: engineered lighting plan, eliminating use of driveway cut on Oakridge Farm Road, and limit use of the property to all HB uses as identified in the attachment of conditional uses requested. OWNER/APPLICANT OWNER/APPLICANT: Carolina Precision Construction Inc. Lars Ekberg, President 135 Sundown Road Mooresville, NC 28117 PROPERTY INFORMATION LOCATION: 1262 Oakridge Farm Hwy, Mooresville; more specifically identified as PIN 4677473457.000. DIRECTIONS: 1-77 south to Exit 36; left onto River Hwy to Oakridge Farm Road site is on your right. SURROUNDING LAND USE: Residential, commercial and farming uses surround the property. SIZE: The property is 4.575 acres. EXISTING LAND USE: A single- family house is currently on the property. ZONING HISTORY: Approximately two (2) acres of the front portion of this property was zoned Neighborhood Business (NB) in 1990 when County -wide zoning was adopted. At the same time the rear portion was zoned Residential Agricultural (RA). The property to the east across Alexander Acres Road was rezoned HB -CUD in 2006, with the following conditions: • Provide aesthetic landscaping along both Alexander Acres Road and Hwy 150 frontage; • Ingress/egress to be located only onto Alexander Acres Road per DOT approval; • Any outside storage will be located at southern end of property, out of site of the residential properties along Hwy 150; • Lighting to shine inward on the storage area only; • Exclude all "Residential" uses as listed in the Iredell County Zoning Ordinance; • Exclude all "Recreational' uses as listed in the Iredell County Zoning Ordinance; • Exclude all "Educational & Institutional' uses as listed in the Iredell County Zoning Ordinance; • Exclude all "Retail Trade" uses as listed in the Iredell County Zoning Ordinance; • Exclude all "Manufacturing and Industrial" uses as listed in the Iredell County Zoning Ordinance; 12 • Exclude all "Public Works Facilities, Utilities & Infrastructure" uses as listed in the Iredell County Zoning Ordinance; • Include the following "Business, Professional, & Personal Service" uses: Animal clinics and hospitals; Automobile rental and leasing; automobile repair and service (including storage of wrecked or junked vehicles); automobile washing facilities; bus stations; communicative facilities, including radio and television broadcasting; convenience food stores; drive-in theatres; dry-cleaning & laundry facilities; equipment repairs; farm -type enterprises; internal service facilities incidental to permitted uses; f aundromats; motels & hotels; motion pictures productions; photo finishing laboratories; private clubs; recreational vehicle parks or campsites; service stations; shoe repair or shoeshine shops; taxi terminals; upholstering & furniture refinishing. The property directly across Oakridge Farm Hwy was zoned General Business (GB) in 1990 with county wide zoning. OTHER JURISDICTIONAL INFORMATION: This property is located within the Town of Mooresville's short-term USA boundary. This property is adjacent to the Town of Mooresville's extra -territorial jurisdiction (ETJ) on the western side. Car lots are not allowed by right in any zoning district in the Town of Mooresville. All car lots are required to go through a conditional rezoning process in the Town. On November 13th Iredell County received a letter from the Town of Mooresville Mayor Miles Atkins, stating his opposition to this request. In staff's opinion this submitted request does help to alleviate some of the issues mentioned. First there is commercial development in this area as shown on our zoning map and aerial map. Directly across Alexander Acres Road is a mini - warehouse and across Oakridge Farm Hwy is Carrigan Farms. The applicants have proposed a condition addressing lighting by providing an engineered lighting plan that will minimize lighting pollution. Per the Iredell County Land Development Code Section 6, there are signage regulations that will limit the number of flags, streamers, banners and other onsite advertising devices. Staff also notes that while this request is on the edge of a commercial node any future extensions beyond this parcel would have to be carefully considered. OTHER SITE CHARACTERISTICS: This property is located in the WS -II BOW Coddle Creek Water Supply Watershed. This property will be able to develop per the 10/70 rule. Therefore, this property will be limited to a maximum of 70% impervious coverage. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The nearest location for NC DOT traffic counts is approximately 500' to the east of this parcel. In 2011, the average number of vehicles per day on this section of Oakridge Farm Hwy was 13,000. The capacity for this section of Oakridge Farm Hwy is 12,700 vehicles per day. While this section of Oakridge Farm Hwy is above capacity it has not ranked high enough based on certain criteria to get on the Transportation Improvement Program (TIP) for the Lake Norman RPO. Based on the conditional rezoning request the applicant and staff worked to eliminate some uses that have potential to be high traffic generators such as animal clinics, grocery stores, convenience food and service stations. However, these uses would be allowed within the current NB zoning district. SCHOOLS: Because this is a commercial 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 Department. They have no issues with the proposal. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning & Development Department for review to change the use or develop the property. Zoning requirements such as parking, landscaping and buffering will be reviewed at such time. Plans will be reviewed by the Planning & Development Department for compliance with Erosion & Sedimentation Control standards. 13 STATE: NCDOT has reviewed and approved a driveway permit as shown per the attached site plan. Other than building code, there should be no other formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan identifies a commercial node adjacent to this parcel on the east side. The Rural Commercial designation includes existing or future commercial, retail, and service uses located along major roadways in rural areas. The intent of these lands is to provide for small scale commercial uses. This HB -CD district does fit into the Rural Commercial designation. The County has had a long range plan in place since 1997 that identified a commercial area as shown on the updated future land use map attached. When the 2030 Horizon Plan was put in place in 2009, both Mooresville's plan and our older existing plan were reviewed. Because of existing zoning that had been in place since 1990 and a land use plan that had been in place since 1997 we felt it was appropriate to leave the commercial node on the map. Therefore, the exact same commercial area has been on the map since 1997. We realize that there are concerns with commercial development in this area and the application was submitted and finalized with site plans taking that into consideration. With the existing land use pattern that is already in place, staff questions how this area could develop as rural residential as indicated in Mooresville's plan. We feel that this property is not suitable for residential development and the specific conditional rezoning request that has been submitted is appropriate and we are in full support. Also, although the largest commercially zoned property in the area is agricultural based (Carrigan Farms), it appears to be one of the most intense uses in the area from a traffic generation standpoint. Other information to consider is that due to acreage, watershed, and septic requirements the size of the proposed development is limited. The size restrictions will limit the potential traffic impacts. Also, a combination of trees and shrubs will be required in the thirty (30) foot buffer as per Section 5.2.1 in the Land Development Code (LDC). Per section 5.4 of the LDC, a Landscape Roadway Yard of fifteen (15) feet will be required along Oakridge Farm Hwy. This requires one (1) tree and ten (10) shrubs every fifty (50) feet along the road. This area while shown in the Mooresville Land Use Plan to be rural residential has already developed commercial over the last 20 years. A majority of this area was zoned Neighborhood Business (NB) or General Business (GB) when county wide zoning was first established in 1990. Other properties since that time have requested rezonings in this area and been approved. The frontage along Oakridge Farm Hwy has limited potential for residential uses in this area. In keeping with the existing zoning and land development for this area, the proposed HB -CD is consistent with the plan. Without the HB -CD rezoning, the front portion of the property is still zoned straight Neighborhood Business (NB) and can accommodate several commercial uses. Some of the uses that NB would accommodate but have been excluded with this conditional request are animal clinics, grocery stores, convenience food and service stations. These uses are high traffic generators that would be allowed in the NB district but have been eliminated in this request. With this request there are six (6) additional uses allowed that would not be allowed in the NB. These uses are: automobile and truck dealers; automobile parts and supply; automobile rental or leasing; furniture repair, including upholstery; taxidermists; and tire dealers and services. With the proposed application we are able to restrict driveway cuts onto Oakridge Farm Hwy and limit the Alexander Acres driveway cut to the submitted site plan. The applicant has also excluded certain uses as described in the attached table of conditional uses requested. The application has also proposed to have an engineered lighting plan to prevent lighting pollution onto adjacent parcels. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be commercial. The proposed conditional district fits into the Rural Commercial designation and is consistent with surrounding zoning, land uses, and historic patterns of commercial development. The site plan restricts access on Oakridge Farm Hwy and limits access on Alexander Acres to one driveway cut. The proposed engineered lighting plan will limit light pollution onto adjacent parcels. Public Input Meeting: The public input meeting was held on September 25th at 6:30pm on site. Approximately seventeen attendees from the community showed up to hear the proposal and voice their opinion. The main comments from the public included; traffic concerns along 150/152, lighting, runoff and signage. 14 SITE REVIEW COMMITTEE: Jackie Grigg and Kristi Pfeufer visited this site with the staff on October 26, 2012. PLANNING BOARD ACTION: On November 7, 2012, the Planning Board held a public meeting to hear this request. Six people spoke at the meeting, two of which were in favor of the request. The others who spoke were concerned because of the proposed use, lighting pollution, storm water runoff, and increased traffic. Some Board members were concerned over Mooresville's opposition to the request, the proposed HB -CD fitting in with the adjacent residential area, and they felt it could be developed under the current zoning as neighborhood business and fit into the area better. The Planning Board voted 6-1 (Fields) to recommend denial of this request based on the inconsistency with the 2030 Horizon Plan. Chairman Johnson asked what type of buffering would be required. Raczkowski said along the front there would be a 15 foot landscaped buffer containing a tree and ten bushes every 50 feet, plus in the side yard there would be a 30 -foot buffer. He said there would be no buffer along Alexander Acres Road. Attorney Redford Cannon representing the owner, Lars Ekberg, distributed a packet of documents and photos. He said the photos depicted similar businesses along Highways 150 and 152. Cannon said a petition had been signed by individuals and business owners who were in favor of the rezoning. He said the property would generate revenue through the sales of automobiles and auto parts, along with the development of commercial property further to the rear. Cannon said entry into the site would be from a side road with no direct entrance on the main roadway. Robert Suttles, one of the two individuals seeking to develop the property, said he was a resident of Mooresville and had raised his family there. He said concerns had previously been expressed about the lighting, and it was decided to use only non -flooding or non-polluting lights. Mr. Suttles said the proposed business would serve the existing traffic, and it wasn't expected that additional traffic would occur with the intended uses (used car lot, tire/automotive center, and mixed retail). He said many types of businesses had been eliminated in order to gain the rezoning approval. Suttles said the front portion of the tract was zoned neighborhood business with the back part being residential agricultural. He said many "seedy" types of businesses could be located in the existing neighborhood business zoning. Suttles said an effort was being made to have a "nice, clean, presentable place of business" that he would be proud to have associated with his name. In reference to concerns about traffic, Suttles showed pictures of many parked cars at the Carrigan Farms property that was across the street. Griffith said it was understood Mr. Suttles had voluntarily deleted some potential uses. Suttles said this was correct. He said businesses such as ABC stores and bars were eliminated. Lars Ekberg, the property owner, said the land had been purchased from a member of the Carrigan family. He said an architect had been hired, especially since the property was at a dangerous intersection. Ekberg said allowing the rezoning for the proposed use would be the first step in fixing the intersection as well as creating a nice development. Ekberg said the architectural renderings were done after reviewing many aesthetically pleasing buildings, and these did not include those built with white stucco or metal. Rhett Dusenbury, a Town of Mooresville Commissioner, read the following letter from Mooresville Town Mayor Miles Adkins. 15 file Honorable lredell County Board of Commissioners It has come to the attention of the Town of Mooresville that there is a rezoning request for 1262 Oak Ridge Farm Highway to be rezoned to HB (Highway Business) with the purpose of locating a used car lot On behalf of the Town of Mooresville Board of Commissioners, I would like to go on record as being opposed to this request. This property is located on a major gateway into Mooresville. The Town of Mooresville's Comprehensive Land Use Plan indicates this area for Rural Residential. Since utilities are not proposed to he extended into this arca and this is in the Coddle Creek WS 11 Watershed arca, the arca is characterized by lower density residential development which is the predominant land use of existing development. A used car lot in this location would be out of place and inconsistent with the existing development. This location would be utilizing Alexander Acres Road which is a residential street with no other commercial development in the area_ This location would have lighting that is on 24 hours a day causing lion spillover to the adjacent residential properties. Car lot sales are a continual zoning enforcement issue as they tend to have more cars on site than agreed to as well as display of cars in required landscaping and in many cases within the road right-cf--way. Flags, streamers, banners and other types of onsite advertising may also serve to create a look that is not welcome to the adjacent property owners. There is another request for rezoning at 1346 Oakridge Farm Highway from RA (Residential Agricultural) to GB -Cl) ((ieneral Business Conditional). This request is conditional per the submitted site plan and will be limited to towing services, truck and trailer rentals and new vehicle storage for local car dealerships. White the existing lot has been used for trailer, mobile office and mobile honk storage, the town still has some concerns. Whereas Tile car lot will try to attract customers, the storage use would have limited customers and primarily a visual impact. The Town would appreciate adequate (vegetative) screening around the property to lessen the impact of auto storage and truck rentals. There seems to be inconsistency between the County long range plan and the T'own's long range plan. The area in question is currently a niix of small businesses, such as auto repair, flag and banner sales as well as mini -storage. It is also adjacent to a large "agro-tourism" facility that brings many visitors to Mooresville and lredell County for weddings, parties, area school and family outings. We would suggesta joint planning initiative between the County and Town of Mooresville planning staffs to look at this area and come to a consensus for development of this area. Consistency between the two land use plans will result in a smoother process for firture applicants and provide clarity and certainty for the current residents, property owners and development community. Thank you for your consideration of the matter. Doug Carrigan, the owner of property across from the site, distributed a packet of materials with one document being signatures of people in opposition to the rezoning. He said the lighting was an issue, and the existing mini -storage facility had lights that shined on everyone's yards and windows. Carrigan said tire and automotive stores were not needed, and 24 similar businesses were already along Hwy 150, Oakridge Farm Highway, or Plaza Drive. He said there existed 17 tracts of land zoned Highway Business, or better, for these types of uses. Carrigan said there were more benefits to denying the request than approving it. He said the Town of Mooresville was in opposition, the county planning board had voted against it, and the community did not want it. Commissioner Griffith asked Mr. Carrigan if a rezoning occurred for him to operate his agri-farm business. Carrigan said no. He said that when countywide zoning occurred in 1990, his business was already operating, but the front portion was zoned general business due to the need for future growth. Commissioner Robertson said the specific area was defined by the Town as a "gateway." He asked an acceptable use for a "gateway" property. Carrigan said Hwy. 150 was a "hodgepodge" of businesses that wasn't attractive. He mentioned that he didn't have a definite answer, but voiced a willingness to assist in developing a concept. Dusenbury said his personal belief would be something remaining with a rural character. Griffith said it seemed that some of the problems were created due to selective annexation on Highway 150. Dusenbury said selective annexation created its own problems. He said there were requests for utilities and when these were approved, services had to be provided by the Town. Dusenbury 16 said this type of annexation did create hodgepodge uses, and it created problems for emergency services because one house might be in the Town limits while others along the same roadway were not. Chairman Johnson asked the likelihood that anyone would build on a highway fronting 150. He said the land was too valuable for residences, plus no one would want to cut a driveway to turn onto Hwy. 150. Johnson said when restrictions occurred, and businesses could not advertise, they would locate in another county. He said G & M Poultry in Alexander County was an example. County Manager Smith said that when the 2030 Horizon Plan was approved, the staff had gone to great lengths to work with every municipality to mirror as much as possible their land use. He noted, however, this particular area had presented problems. Smith said that by statute, the land use node had to be in place. He said this was why the zoning didn't necessarily match up with the Town of Mooresville. Al Brown, residing at 140 Oak Meadow, Mooresville, said a petition had been circulated that included 120 signatures from people who agreed with the Town of Mooresville about the rezoning. He said no matter how the lighting was engineered, it would still light up the area. Brown also mentioned the dangerous intersection. Bruce Meadows, residing at 120 Oak Meadow, Mooresville, said if the rezoning occurred, that next year the property owner could do anything with the property. Chairman Johnson clarified that the restrictions would remain on the property even if the owner sold it. Raczkowski said this was correct. He said the restrictions would carry until it was rezoned to another classification. uses. Griffith said it was understood the owner could already use the site for business -oriented Raczkowski said the front portion was zoned neighborhood business. Griffith asked if other properties on the road were zoned neighborhood business. Raczkowski said in this general node, there were other businesses. Attorney Bedford Cannon said the property was outside the one -mile extra jurisdictional area for the Town of Mooresville. He said the matter was a decision for the county commissioners under the 2030 Horizon Plan. Cannon said the plan called for commercial nodes in this area of Hwy. 150/152. He said there appeared to be some misunderstanding about the lighting, but the county staff was agreeable with the conditional rezoning. Cannon requested the commissioners to base their decision on the Horizon Plan. He said his client had already eliminated many uses from the rezoning request. Steve Hart said he owned property in the area, and the roadway was dangerous. No one else desired to speak, and Chairman Johnson adjourned the hearing. Commissioner Boone said his inclination was to allow the rezoning. He said, however, there were a couple of concerns. Boone said a car lot was a fairly intense use to have adjacent to the residential area to the west. He said another concern was due to the opposition from the neighbors, especially the Carrigan family who owned the agri-business property. Additionally, Boone said the county's planning board had denied the request in a 6-1 vote. Commissioner Robertson said the property should be used for a business but not this type (car lot). Commission Griffith said she had yet to see a used car lot that resembled anything like the presented plan. She said the current land owner had gone to great lengths to insure the facility was 17 esthetic and the traffic was rerouted. Griffith said the planning board approved the next rezoning case where the property was in close proximity to this area. Chairman Johnson said that if there was a goal to maximize the safety of everyone in the county, then an effort should be made to not allow any more commercial development on Hwy. 150. He said, "We live in a free market economy. People take risk in business and people who operate in that environment inherently take risks. It's one of the prices you pay for freedom. Sometimes we are too willing to squander that because it doesn't fit our ideal of how things should be. There are so many other types of business that these folks could do there that are far more objective, and they can do these things by right. They don't even have to appear before us to do these types of businesses and some of them are perhaps even less pleasing than what the owner is trying to do. Sometimes in an effort to create an atmosphere that cannot exist we deny people the opportunity to pursue their own happiness." MOTIO by Chairman Johnson to approve the zoning map amendment and to make a finding that the approval was consistent with the adopted 2030 Horizon Plan and that said approval was reasonable and in the public interest due to its consistency with the 2030 Horizon Plan; as a result, said approval furthers the goals and objectives of the 2030 Horizon Plan. VOTING: Ayes — 2 (Johnson/Griffith); Nays - 3 Chairman Johnson declared the meeting to be in a public hearing. Case #1211-4; Rezoning Request from Barry Udowitz (Empire Towing) to Rezone 3.8 Acres, Owned by Barrett Properties, LLP, from Residential Agricultural (RA) to General Business Conditional District (GB -CD): Planning, Development and Transportation Director Joey Raczkowski presented the staff report for this case as follows: STAFF REPORT REZONING CASE # 1211-4 EXPLANATION OF THE REQUEST This is a request to rezone 3.8 acres at 1346 Oakridge Farm Hwy in Mooresville, from RA (Residential Agricultural) to GB -CD (General Business Conditional). This request is conditional per the submitted site plan and will be limited to towing services, truck and trailer rentals, and new vehicle storage for local car dealerships. OWNER/APPLICANT OWNER/APPLICANT: Barrett Properties, LLP 1495 Lake Forest Lane PROPERTY INFORMATION LOCATION: 1346 Oakridge Farm Hwy, Mooresville; more specifically identified as PIN 4677670087.000. DIRECTIONS: 1-77 south to Exit 36; left onto River Hwy to Oakridge Farm Road; site is on your right. SURROUNDING LAND USE: Residential, commercial and farming uses surround the parcel. SIZE: The property is 3.8 acres. EXISTING LAND USE: Currently there is an existing modular office building on the property 18 that has been used commercially since the late 1980s. The property was used as a modular home dealer. ZONING HISTORY: The property was zoned RA when county -wide zoning was put in place in 1990. OTHER JURISDICTIONAL INFORMATION: This property is located within the Town of Mooresville's long-range USA boundary. Mooresville staff stated that their land use plan calls for this area to be rural residential. However, they did not endorse or voice concerns against based on the existing land use of this parcel, the surrounding parcels and the conditional use request. On November 13th Iredell County received a letter from the Town of Mooresville Mayor Miles Atkins, stating his concerns with this request. In staff's opinion this submitted conditional rezoning request does help to alleviate the concerns stated in the letter regarding the provision of adequate (vegetative) screening around the property. Per the LDC and the submitted site plan there will be a requirement for landscaping along the road and a thirty (30) foot buffer along the eastern side of the property adjacent to the residentially zoned property. Staff also notes that while this request is on the edge of a commercial node any future extensions beyond this parcel would have to be carefully considered. OTHER SITE CHARACTERISTICS: This property is located in the WS -II BOW Back Creek Water Supply Watershed. This site is limited to 12% impervious area. However, any impervious areas pre- existing 1994 are grandfathered and not part of the 12% calculations. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: This property is just east of the 150/152 split. The nearest location for NC DOT traffic counts after the split is approximately a half mile east. In 2010, the average number of vehicles per day on this section of Oakridge Farm Hwy was 5,100. The capacity for this section of Oakridge Farm Hwy is 12,700 vehicles per day. SCHOOLS: Because this is a commercial 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 Department. They have no issues with the proposal. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning & Development Department for review to change the use or develop the property. Zoning requirements such as parking, landscaping and buffering will be reviewed at such time. Plans will be reviewed by the Planning & Development Department for compliance with Erosion & Sedimentation Control standards. STATE: There is an existing driveway cut that NCDOT will review for permitting requirements Other than building code, there should be no other formal state agency review at this time. FEDERAL: None at this time. ( STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan calls for a Rural Commercial node just west of this parcel at the intersection where Oakridge Farm and Landis Hwy split. This corner of the intersection already has a developed parcel and this parcel is directly adjacent. Other commercial uses in this area include a commercial garage, towing service, and other related uses. These commercial uses are zoned a mixture of Neighborhood Business (NB) and General Business -Conditional Use District (GB -CUD), limited to all NB uses; auto repair and service; auto towing and storage; and auto sales and service. Staff feels that due to the existing development at this intersection and the commercial node it would fit the plan to allow this parcel to be rezoned commercially. The County has had a long range plan in place since 1997 that identified a commercial area as shown on the updated future land use map. When the 2030 Horizon Plan was put in place in 2009, both Mooresville's plan and our older existing plan were reviewed. Because of existing zoning that had been in place since 1990 and a land use plan that had been in place since 19 1997 we felt it was appropriate to leave the commercial node on the map. Therefore, the exact same commercial area has been on the map since 1997. We realize that there are concerns with commercial development in this area and the application was submitted and finalized with site plans taking that into consideration. With the existing land use pattern that is already in place, staff questions how this area could develop as rural residential as indicated in Mooresville's plan. We feel that this property is not suitable for residential development and the specific conditional rezoning request that has been submitted is appropriate and we are in full support. Other information to consider is that the current traffic count for this area is not close to capacity. A combination of trees and shrubs will be required in the thirty (30) foot buffer as per Section 5.2.1 in the Land Development Code (LDC). Per section 5.4 of the LDC, a Landscape Roadway Yard of fifteen (15) feet will be required along Oakridge Farm Hwy. This requires one (1) tree and ten (10) shrubs every fifty (50) feet along the road. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for a commercial node in this area. The proposed district fits into the Rural Commercial designation and is consistent with surrounding zoning and land uses. Potential traffic impacts should not come close to the road capacity. Public Input Meeting: The public input meeting was held on September 28th at 6:30pm at 125 East Plaza Drive, Suite 101, Mooresville. Four attendees from the community showed up to hear the proposal and voice their opinion. The main comments from the public included traffic, noise, groundwater contamination, buffering, and business practices of Empire Towing. SITE REVIEW COMMITTEE: Jackie Grigg and Kristi Pfeufer visited this site with the staff on October 26, 2012. PLANNING BOARD ACTION: On November 7, 2012, the Planning Board held a public meeting to hear this request. Six people spoke at the meeting, two of which were in favor of the request. The others who spoke were concerned because of the possible contamination of water from towed vehicles, heavy truck traffic, and lighting. The Board stated that this was similar to the previous case that had just been voted on with a denial recommendation. It was stated that this would be an improvement over the current use of the property. The Planning Board voted 4- 3 (Tsumas, Pfeufer, McNeely) to recommend approval of this request based on the consistency with the 2030 Horizon Plan. In regards to the site plan, Raczkowski said the proposed use would be for a vehicle rental storage area along the main corridor, plus there would be a space for new vehicles, a wash area, and an auto recovery (towing) area. He then pointed out the screening and buffering for the site. Raczkowski said people in opposition had voiced concerns about contaminants from wrecked vehicles. He said given the size of property, and assuming the request were approved, the owner might have to install some type of retention facility, but this would be covered during the permitting process. Dick Brolin, with Piedmont Design Associates, said the property owner desired to lease the property to Empire Towing. Brolin said the gravel area had been surveyed, and it was compliant with the Watershed Act. He said there would be trailer, u -haul and truck rentals, as well as a towing service, and the existing modular office would remain. Brolin said the rear area would contain the wrecked vehicles, and a shop building might occur in the future. He said a space would also contain new cars for storage due to dealerships sometimes exceeding their inventory limit. Commissioner Robertson asked if the plan was to haul wrecked vehicles for storage or to transport new vehicles on transfer trailers to dealerships. Brolin said both. Robertson said the wrecked cars would not be seen from the highway. Brolin said correct. Johnson asked if repossessed vehicles would be stored. Brolin said possibly. He said the landlord included in the lease a stipulation indicating that wrecked or repossessed vehicles would be rotated on a regular basis, and the site would be 20 maintained to remain environmentally safe. Brolin said the night lighting would basically be for security. Steve Hart said he and his sisters owned property to the east, and the runoff from the site would flow onto his pasture land as well as a pond used for recreational fishing. He mentioned that all of his land was agricultural, and wrecked or disabled vehicles leaked petroleum products. Hart said nothing had been planned for any stormwater control, plus there were no holdup ponds or berms. He said all of the water flowed in one place, and his pasture was basically the filtration system. Hart mentioned concerns about the additional pavement that would shed polluted water onto adjacent property. Chairman Johnson asked Raczkowski about stormwater retention. Raczkowski asked Engineer Dick Brolin to address the question. Brolin said there was a pre -manufactured system for the fuel storage. He said the system had passed safety approvals in regards to confining pollutants. Brolin said there would probably be less spillage than from a typical gas station. Johnson asked more specifically about the disabled vehicles that would be leaking fluids. He asked where the liquids would go. Brolin said according to the regulations there was no requirement for any type of contaminant containment. He said the area would be graveled, and the operators had agreed to keep it clean by disposing of old gravel when it became dirty and then re -graveling. Johnson said sometimes there were disagreements between insurance companies and car owners pertaining to repair estimates, and the vehicles might remain until a claim was settled. He asked where the vehicles would go. Brolin said they would remain near the woods and when the lot was full, the cars would have to be moved out. He said there had to be adherence to the conditional plan, and if not, the operator would be in violation of the zoning. Johnson mentioned there probably wouldn't be much interest in getting the automobiles removed, especially if the operator was being paid on a daily basis by the insurance company to store the vehicles. Griffith asked if the site would remain graveled. Brolin said some areas would have gravel, but a portion of it would have to be removed to "square up" the site. He said there were no plans to pave any part of the property, and it was "maxed out" as far as impervious area. In regards to runoff, Brolin said the entire site was flat, but there was a drainage way. He said there would be a vegetative buffer, and the water would flow east. Griffith asked if the planning board approved the plan. Boone said there was a 4-3 vote. Chairman Johnson asked if some type of small berm could be placed where the damaged cars would be stored to minimize the flow of fluids. Raczkowski said a condition would have to be agreed upon by the applicant. Johnson said the berm would not have to be that tall due to the slope. Brolin said a containment berm could be installed to collect the rain or wash. Steve Hart said he was also concerned about the 200 new vehicles due to their pollutants and the oil shine going into his pasture. He said a berm would not contain the flow. 21 No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTIO by Commissioner Robertson to deny the zoning map amendment and to make a finding that the denial was consistent with the adopted 2030 Horizon Plan and that said denial was reasonable and in the public interest due to its consistency with the 2030 Horizon Plan; as a result, said denial furthers the goals and objectives of the 2030 Horizon Plan. VOTING: Ayes — 2 (Robertson and Norman); Nays — 3. OTIO by Chairman Johnson to approve the zoning map amendment and to make a finding that the approval was consistent with the adopted 2030 Horizon Plan and that said approval was reasonable and in the public interest due to its consistency with the 2030 Horizon Plan; as a result, said approval furthers the goals and objectives of the 2030 Horizon Plan and with a minimum of a one -foot berm to be installed in whichever area that was used to store anv used or damaged vehicles. VOTING: Ayes — 3; Nays — 2 (Robertson and Norman). ADMINISTRATIVE MATTERS Call for a Public Hearing on December 18, 2012, at 7:00 P.M., to Seek Comments About the Iredell County Area Transportation (ICATS) Application for FTA 5310 (Elderly and Disabled) Grant Funds: ICATS Assistant Director Ben Stikeleather said the period of performance for this grant was July 1, 2013 — June 30, 2015 with an application total being $250,000 ($125,000 Federal and $125,000 Local/ROAP). He requested a public hearing on December 18. OTION by Chairman Johnson to call for a public hearing on December 18 as requested. VOTING: Ayes — 5; Nays — 0. Call for a Public Hearing on December 18, 2012, at 7:00 P.M., to Seek Comments About the Iredell County Area Transportation (ICATS) Application for FTA 5311 (Administrative & Capital) Grant Funds: ICATS Assistant Director Ben Stikeleather said the period of performance for this grant was July 1, 2013 — June 30, 2014 with an application total being $538,853 ($471,965 Federal/State and $66,888 Local/ROAP). He requested a public hearing on December 18. OTIO by Chairman Johnson to call for a public hearing on December 18 as requested. VOTING: Ayes — 5; Nays — 0. Call for a Public Hearing on December 18, 2012, at 7:00 P.M., to Seek Comments About the Iredell County Area Transportation (ICATS) Application for FTA 5316 (Job Access & Reverse Commuting) Grant Funds: ICATS Assistant Director Ben Stikeleather said the period of performance for this grant was July 1, 2013 — June 30, 2015 with an application total being $350,000 ($175,000 Federal and $175,000 Local/ROAP). He requested a public hearing on December 18. OTION by Chairman Johnson to call for a public hearing on December 18 as requested. VOTING: Ayes — 5; Nays — 0. Request from the Iredell-Statesville School System for an Opportunity to Provide an Update about the Rural Economic Development Loan Grant (REDLG) Application: Iredell-Statesville Assistant Superintendent for Facilities and Planning Dr. Kenny Miller explained that since the October 16 meeting of the board of commissioners, an engineering study had been received for the proposed REDLG projects (West Iredell High and West Iredell Middle). Miller said the HVAC/lighting estimates had increased, and only the West Iredell High 22 project would now be accomplished. He said focusing solely on the high school project would allow for the needed equipment for the change out and lighting upgrades. Dr. Miller said the REDLG application would remain the same, and the school system's participation would be $640,000 (increased from $365,000) and spread out over the 2013-14 and 2014-15 budget cycles. Dr. Miller said the system was trying to eliminate some of the more critical needs on the Facilities Long Term Plan. He said the system was trying to gradually provide some of the needs through grants, lottery funds, or by using annual recurring capital. No motion was needed as this was only an update. A copy of the Facilities Task Force Master Plan provided by the school system is as follows: Mechanical / Electrical / Plumbing Mechanical / Electrical upgrade to older West Middle Renovations Celeste Henkel Elem. buildings P/M & E Upgrades $ 150,000.00 Site improvements (Grounds, Canopies, Renovate / reconfigure 6th & 7th grade Paving) Site Improvements $ 100,000.00 Gym renovation and addition of Site improvements (Grounds, Paving, multipurpose area Cloverleaf Elem. Fencing) Site Improvements $ 250,000.00 K-1 move to Nor9hvieru if neccssery for overcrowding Site improvements (Grounds, N.B. Mills Elem. Roof System Renovation (old sections) Roof Upgrades $ 500,000.00 175,000.00 Mechanical / Electrical Upgrades (old $10,405,000.00 Red font—critical need/past due; blue font— important need; black font— sections) M & E Renovations Site Improvements / Renovate old auditorium Renovations $ 750,000.00 (change to blue) Site Improvements (Grounds, security) Scotts Elem. Roof System Renovation (old section) Roof Replace $ 80,000.00 Mechanical / Electrical Upgrades Older Section P/M & E Upgrades $ 75,000.00 Site Improvements (Fencing, Grounds) Site Improvements $ 75,000.00 Sharon Elem. Roof System Renovation (old section) Roof, M & E Upgrades $ 250,000.00 Mechanical upgrades (gym furnaces & controls) Site Improvements (Grounds / Drainage) Site Improvements $ 50,000.00 (change to Wk.) 8 classroom addition Addition/ Renovations $ 1,750,000.00 Renovate ceiling grids in old section West High Roof System Renovations Roof Replacement $ 350,000.00 Mechanical/ Electrical overhaul in old areas PIM &E Upgrades $ 1,600,000.00 Site Improvements (lighting, paving,grounds) Site Improvements $ 500,000.00 Warehouse / Operations building Addition $ 250,000.00 Mechanical / Electrical / Plumbing General, M & E West Middle Renovations Upgrades $ 750,000.00 to Older buildings Renovate / reconfigure 6th & 7th grade halls $ 1,000,000.00 Gym renovation and addition of Additions / multipurpose area Renovations $ 1,750,000.00 Additional land Site improvements (Grounds, pavement) Site Improvements $ 175,000.00 Legend $10,405,000.00 Red font—critical need/past due; blue font— important need; black font— needed ASAP; green font — added/deleted projects Request from the Iredell-Statesville School System for Approval of NC Education Lottery Fund Applications for a Lake Norman High School Project and Woodland Heights 23 Elementary Along with Approval of Budget Amendment #13 to Accept/Appropriate the Funds: Iredell-Statesville Assistant Superintendent for Facilities and Planning Dr. Kenny Miller requested approval to seek a reimbursement of lottery proceeds for projects already accomplished. OTIO by Vice Chairman Norman to approve Budget Amendment #13 to recognize lottery revenue and to appropriate the funds to the Iredell-Statesville School System. VOTING: Ayes — 5; Nays — 0. Request for Approval of a Memorandum of Understanding between Iredell County, the USDA Natural Resources Conservation Service (NRCS), the NC Department of Agriculture and Consumer Services — Division of Soil and Water Conservation, and the Iredell Soil and Water Conservation District: County Manager Smith said the NRCS had requested adoption of this memorandum of understanding. He said the document insured that all entities were working on the same scope of work. District Conservationist Jim Propst said his department tried to keep Iredell County's soil and water clean. He said the document solidified the relationship with the district and the county. MOTION by Commissioner Robertson to approve the Memorandum of Understanding. VOTING: Ayes — 5; Nays — 0. A copy of the memorandum is as follows: MEMORANDUM OF UNDERSTANDING Between the UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE And the NORTH CAROLINA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES — DIVISION OF SOIL AND WATER CONSERVATION and THE IREDELL SOIL AND WATER CONSERVATION DISTRICT and IREDELL COUNTY, NORTH CAROLINA For their Cooperation in the Conservation of Natural Resources BACKGROUND STATEMENT AND PURPOSE THIS AGREEMENT is between the Natural Resources Conservation Service (NRCS), an agency of the United States Department of Agriculture (USDA), the North Carolina Department of Agriculture and Consumer Services — Division of Soil and Water Conservation (DSWC) an agency of the State of North Carolina, the Iredell Soil and Water Conservation District (SWCD) and Iredell County collectively referred to as the parties, to clearly define the roles and responsibilities of the parties. 24 Budget Amendment Fiscal Year 2012.13 To recognize Lottery revenue and appropriate for Iredell-Statesville Schools Lake Norman High School and Woodland Heights Elementary projects. BA#13 12/4/2012 Account # Current Chane Amended 104700 4571.01 Lottery Proceeds - ISS (Note 1) (241,056) (422,304) (663,360) 105700 5600.04 Iredell-Statesville Lottery 515,277 422,304 937,581 (Note 1) Current Revenue Budget 241,056 Budgeted Prior Year - Received 9/5/12 274,221 Currently Budgeted Expenditures 515,277 Request for Approval of a Memorandum of Understanding between Iredell County, the USDA Natural Resources Conservation Service (NRCS), the NC Department of Agriculture and Consumer Services — Division of Soil and Water Conservation, and the Iredell Soil and Water Conservation District: County Manager Smith said the NRCS had requested adoption of this memorandum of understanding. He said the document insured that all entities were working on the same scope of work. District Conservationist Jim Propst said his department tried to keep Iredell County's soil and water clean. He said the document solidified the relationship with the district and the county. MOTION by Commissioner Robertson to approve the Memorandum of Understanding. VOTING: Ayes — 5; Nays — 0. A copy of the memorandum is as follows: MEMORANDUM OF UNDERSTANDING Between the UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE And the NORTH CAROLINA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES — DIVISION OF SOIL AND WATER CONSERVATION and THE IREDELL SOIL AND WATER CONSERVATION DISTRICT and IREDELL COUNTY, NORTH CAROLINA For their Cooperation in the Conservation of Natural Resources BACKGROUND STATEMENT AND PURPOSE THIS AGREEMENT is between the Natural Resources Conservation Service (NRCS), an agency of the United States Department of Agriculture (USDA), the North Carolina Department of Agriculture and Consumer Services — Division of Soil and Water Conservation (DSWC) an agency of the State of North Carolina, the Iredell Soil and Water Conservation District (SWCD) and Iredell County collectively referred to as the parties, to clearly define the roles and responsibilities of the parties. 24 The purpose of this agreement is to supplement the Cooperative Working Agreement between the USDA -Natural Resources Conservation Service, North Carolina Department of Agriculture and Consumer Services, North Carolina Soil and Water Conservation Commission, and Iredell Soil and Water Conservation District. This operational agreement documents those areas of common interest of the federal, state and local partnership in natural resources conservation. The parties mutually agree to provide leadership in natural resources conservation. The parties pledge to work together by advancing and practicing teamwork, including input in the decision making process; communicating, coordinating, and cooperating; promoting mutual respect, and sharing leadership, ownership, credit and responsibility. AUTHORITIES, STATUTES, LAWS NRCS is authorized to cooperate and furnish assistance to the parties in the conservation of natural resources as referenced in the Soil Conservation and Domestic Allotment Act, 16 U.S.C. 590; The Department of Agriculture Reorganization Act of 1994, Public Law 103-354; and Secretary's Memorandum No. 1010-1, Reorganization of the Department of Agriculture, dated October 20, 1994. DSWC is authorized to enter into this agreement by North Carolina General Statutes § 139-4 and § 143B-294 - §143B-297. The District authority is defined in Soil Conservation Districts Law, General Statutes of North Carolina §139-1 - §139-47. The county is authorized to enter into this agreement by North Carolina General Statute § 153A-11 and § 160A-461 - §160A-464. ROLES AND RESPONSIBILITIES: CONSERVATION PROGRAM IMPLEMENTATION The parties recognize the natural resources conservation program as a unique blend of voluntary conservation initiatives and federal, state, and local mandates. Together these address a variety of natural resource, environmental, and educational issues. The parties agree to jointly commit their program authorities and financial and human resources to cooperatively implement a unified natural resources conservation program in areas of mutual concern. The implementation of all programs will be done in accordance with program policy and procedure developed for that specific program — whether federal, state, or local. Inventories and Data Sharing: The parties agree to identify, define, and coordinate the collection and use of natural resource and other data needed to support the delivery of local, state and federal conservation program benefits. The parties will cooperate in maintaining data to assure that it supports the mutual needs of the parties for resource planning and evaluation. The parties further agree that gathered data will be mutually shared and used in support of conservation program implementation as needed to facilitate implementation of the programs shown in Attachment A. The use and disclosure of information will be consistent with the guidelines provided in the Records. Facilities, and Equipment section of this agreement. Both NRCS and SWCD employees in the office will maintain adequate knowledge of available conservation programs in order to provide basic customer service including, but not limited to: I. Providing basic information about program requirements and signup periods 2. Helping a customer complete a program application 3. Interviewing the customer to determine resource concerns and conservation issues 4. Gathering of farm data to support development of a conservation plan 5. Developing a conservation plan Setting Program Priorities: The parties agree to implement the conservation program based on mutually developed priorities while recognizing individual responsibilities for federal, state, or local mandates. The parties further agree to annually re-evaluate established priorities and adjust as warranted. SWCD Board has responsibility to organize local work groups to assess resource conditions and establish local priorities, and develop a single SWCD/NRCS partnership plan of work each fiscal year (July 01 -June 30). Specifically, NRCS employees will first address workload associated with Federal conservation programs, NRCS priorities, and required NRCS administrative procedures. As time is available, NRCS employees will assist with the North Carolina Agriculture Cost Share Program (NCASCP) and other District priorities. Likewise. District staff will first address workload associated with the NCACSP, District priorities, and required District administrative procedures. As time is available. District staff will assist with federal conservation programs and other NRCS priorities. Programs to be Implemented: The parties agree to use federal, state, and local programs in a complimentary fashion to address local priorities and concerns. Attachment A includes a list of programs that will be utilized to address priorities and concerns. Employees from both agencies will work across program lines to assure efficient and effective customer service. Marketing: The parties agree to conduct a common effort to inform the public of program opportunities and benefits. This information will be provided to the appropriate media concerning district activities and programs. See Attachment A for a marketing profile and a summary of media outlets. TECHNICAL STANDARDS AND JOB APPROVAL AUTHORITY The parties agree to utilize the NRCS Field Office Technical Guide or Soil and Water Conservation Commission adopted standards as the minimum technical standards for conservation program implementation in areas of mutual concern. The parties may utilize more stringent standards when necessary to comply with locally enacted laws or 25 ordinances. The NRCS will be the lead agency in the development, maintenance, and interpretation of the Field Office Technical Guide. When program contracts are developed, the District and NRCS employees in the office will provide conservation planning assistance that meets NRCS planning policy. At a minimum, the conservation planning will encompass the field or fields impacted by the cost -shared conservation practice. The parties agree that their respective employees will provide technical assistance based on assigned conservation practice job approval authority which is based on acquired knowledge, skills, and demonstrated ability and within applicable laws, regulations, and guidelines. Conservation practice job approval authority will be determined and documented according to NRCS National Engineering Manual, Part 501 and in accordance with the NC NRCS policy and procedures regarding job approval authority. Job approval authority for District employees for non agricultural practices will be determined and documented by the N.C. Soil and Water Conservation Commission pursuant to NCAC 15A 06F.0105](3). Each technical employee in the office will acquire the necessary skills to qualify forjob approval authority for the routinely used engineering and non -engineering conservation practices prevalent in the county. Both District and NRCS employees will attend available training sessions to maintain their knowledge, skills, and abilities related to conservation planning and practice design, layout, checkout, and certification. PERSONNEL AND FISCAL MANAGEMENT The parties recognize that natural resources conservation programs are delivered through an intergovernmental system, in which federal, state, and local governments work together. The parties will work together to provide staffing and fiscal resources commensurate with workload, priorities, allocated funding and expertise necessary to deliver a balanced and diversified conservation program. Staffing will be a mix of employees provided by federal, state, county, and district resources. There are certain authorities delegated to specific staff as follows: Department Head (cannot be a NRCS emplovee) The parties jointly agree that Jim Summers will serve as the Department Head. The Department Head will represent the District and its employees at county meetings, conferences, and appropriate functions. Personnel Manaeement The management of personnel will be as follows: a) Hiring and dismissal of District employees will be in accordance with District policy b) The management of NRCS personnel is the responsibility of NRCS. (E) The management of District employees is the responsibility of the Iredell District Board of Supervisors. In the interest of facilitating these responsibilities, the District Conservationist is delegated the authority for: 2) Technical oversight a. As a condition of assigning Job Approval Authority for agricultural practices to District employees, NRCS must periodically review the technical work of these employees to assure adherence to planning and design standards and policy. The DC is assigned as the NRCS representative to provide this oversight. NRCS Area personnel will also periodically review the technical work of both NRCS and District employees in the office. 3) Delivery of employee technical training and development (E) The Department Head will make recommendations to the Iredell District Board of Supervisors regarding the following in accordance with county government policy: 1) Recruitment and hiring of district employees 2) Employee performance evaluation, including awards, disciplinary actions, and separation 3) Leave coordination and approval 4) Certification of Time and Attendance reports 5) Determination and approval of training requiring expenditure of district funds 6) For counties with technicians cost shared through the state's Cost Share Programs, responsibility for documenting 2080 hours for each funded position spent per year on non -point source pollution control issues by office staff. In the event that a District employee feels aggrieved, their recourse is according to District personnel policy. The parties agree to work cooperatively to resolve employee grievances. Hiring, supervision, development, evaluation and dismissal of District employees will be done in accordance with applicable law and District personnel policies. Fiscal Mana eg ment The parties will work together to maximize available resources and actively seek funding to accomplish natural resource priorities and programs. 26 Each party is responsible for its own fiscal resources to include equipment, supplies, and accounts. The Department Head and Administrative Assistant will actively assist the district with the following: 1) Development of operating budgets 2) Tracking of expenditures for maintaining funding accountability 3) Making recommendations regarding expenditure of funds and purchases TECHNICAL AND ADMINISTRATIVE CONTACTS NRCS Technical Name: Jim Propst Title: District Conservationist Address: Agricultural Resource Center 444 Bristol Drive Statesville. NC 28677 Phone No. (704) 873-6761 Ext. 3 Fax No. (704) 873-1712 E-mail: jim.propst@nc.usda.gov NRCS Administrative Name: M. Alan Walker Title: ASTC— FieldOperations Address: 589 Raccoon Rd, Suite 246 Waynesville, NC 28786 Phone No. (828) 456-6341 Ext. 5 Fax No. (828) 452-7031 E-mail: alan.walker Ca) tic. usda.gm, SWCD Technical Name: Jim Summers Title: SWCD Department Head Address: Agricultural Resource Center 444 Bristol Drive Statesville. NC 28677 Phone No. (704) 873-6761 ext. 3 Fax No. (704) 873-1712 E-mail: Jamessummers@nc.nacdnet.net SWCD Administrative Name: Louise Wooten Title: Education Coordinator/Administrative Specialist Address: Agricultural Resource Center 444 Bristol Drive Statesville. NC 28677 Phone No. (704) 873-6761 ext. 3 Fax No. (704) 873-1712 -E-mail: Louise.wooten3(oP_,mail com RECORDS, FACILITIES, AND EQUIPMENT The parties will work together to provide office space, vehicles, and equipment within funding limits, operating guidelines, authorities, federal and state laws, and local ordinances. Any and all parties may negotiate formal agreements when financial reimbursement for use of office space, vehicles or other equipment/facilities is required. Specifically, the following is mutually agreeable: 1) Vehicles: The District will provide transportation, either a vehicle or mileage reimbursement, for District employees. NRCS will provide a vehicle for the NRCS employee(s). District personnel with NRCS approval to operate government vehicles may use the federal vehicle for promoting conservation programs, commensurate with the NRCS mission and priorities, when it is not needed by NRCS personnel. District personnel operating a federal government vehicle must provide proof of liability insurance. 2) Office Space: The signatories will work cooperatively to provide office space for the District and NRCS employees at the USDA Service Center. Costs associated with office space will be addressed in separate lease documents. The parties will agree on the maintenance, update, and disposition of relevant records. Access to records will be governed by Section 1619 of the Food, Conservation, and Energy Act of 2008, the Federal Freedom of Information Act (FOIA) and/or the North Carolina Public Records Law depending on whether the record is a federal record or a state/local record. Each party accepts responsibility for any security breach caused by their employee(s). District 27 personnel with access to federal records, either electronic or hard copies, will complete the required annual security training, conducted through NRCS. All parties agree to protect personally identifiable and/or confidential information from customers and employees by securing this information in locked file cabinets. When the information is being used and not in a locked cabinet, the employees will keep it with them personally (folder, memory storage device) to avoid improper disclosure or loss of the data. Personally identifiable and/or confidential information will only be used for authorized purposes FEE FOR SERVICES The parties recognize that nonfederal signatories may establish procedures to collect fees, where permissible, for delivery of such services which are not provided through federal financial or technical assistance. From time to time the Iredell Soil and Water Conservation District may • sell materials (i.e. native species plants) • solicit sponsorship for special events, or community/educational workshops • general fundraising ACCOUNTABILITY The parties agree to cooperatively develop and utilize natural resource databases to measure effectiveness in program delivery and customer satisfaction. The District will provide a copy of its Annual Report by September I and Plan of Operations by July 31 to the other signatories of this agreement. The District will also provide a copy of their Long Range Plan which, at no time, will be in excess of five years old. SCOPE OF AGREEMENT This agreement covers the basic operating understanding between all parties. Authority to carry out specific projects or activities, transfer of funds, or acquisition of services or property, will be established under separate agreement. The parties agree that contracts, memorandums of understanding, and/or additional agreements may be entered into, as needed, to facilitate the implementation of natural resources conservation programs within the conservation districts. TORT LIABILITY The parties will each assume responsibility for the actions of their officials or employees acting within the scope of their employment to the extent provided by federal and state laws and local ordinances. CIVIL RIGHTS The parties recognize the benefit and importance of delivering conservation programs equitably to all customers, having a diverse staff to assist this customer base, and having diversity within the district board. The parties agree to work cooperatively to achieve diversity in all aspects of the conservation program through effective outreach and marketing. The parties will be in compliance with the nondiscrimination provisions contained in Titles VI and VII of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987 (Public Law 100-259) and other nondiscrimination statutes, namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Americans with Disabilities Act of 1990, and in accordance with regulations of the USDA Secretary of Agriculture (7CFR-15, Subparts A & B) which provide that no person in the United States shall, on the grounds of race, color, national origin, age, sex, religion, marital status, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Agriculture or any agency thereof. Request to Call for a Public Hearing on Tuesday, December 18, 2012, at 7:00 P.M., in Conjunction with an Economic Development Project known as Project Prosperity: County Manager Smith said that due to a large tract of property being purchased for an economic development project, a public hearing was necessary. He said an agreement was being drafted, and copy would be distributed to the board members as soon as possible. OTIO by Vice Chairman Norman to call for a public hearing on December 18, 2012, regarding Project Prosperity. VOTING: Ayes — 5; Nays — 0. Request for a Discussion in Regards to the FY 2013-14 Iredell County Budget: Commissioner Boone said, "We are facing challenging economic times, and I don't know what's going to happen in the long term. I think it's safe to say in the next year, or two, the county will be facing a tight budget. I think the earlier we start discussing the budget, and start giving direction to our management, the better. Personally, I would like to see that our expenditures for the year 2013- 14, or current expense expenditures, be no greater than they are in the current year. If there is any increase it would be for long term capital projects. if we keep our expenditures the same, or hopefully even less, I think that any increase in tax revenues should either go to long term capital 28 projects, and that could be accomplished by keeping money in the fund balance by adopting a capital projects ordinance, or ideally, some should be returned to the people who earned the money in the form of tax relief. I think these are things we need to be looking at, and we need to be doing something other than business as usual. The philosophy that's been followed in the past has basically been for government agencies to assess their needs, make a request, and it was the duty of the county manager to evaluate the needs, present a budget, and then the commissioners acted on the budget. I would like to turn this philosophy around a little bit. We decide how much money needs to be spent, and it's up to the job of management to set priorities and prepare a budget within those parameters. Turn things on their head a little bit. I would like at our next meeting, on December 18, to present a resolution to this effect. I do not intend to make a motion at this meeting. I'd welcome any input from the board, but I think we do need to act. If we do take some action in mid December, we'll be a little ahead of the curve. If we do not, our next meeting will be mid January, and we'll already be in the budget process. I wanted to bring this matter up, and I had originally intended to make lengthier remarks, but it is eleven o'clock and I don't want to keep us up all night. I would like to place this on our next meeting agenda and take some action, or have the board take a vote at that time and provide some direction to management in preparing the budget for Fiscal Year 2013- 2014." APPOINTMENTS TO BOARDS AND COMMISSIONS Animal Grievance Committee (1 appointment): Chairman Johnson nominated Hal Jolly. OTION by Chairman Johnson to close the nominations and to appoint Jolly by acclamation. VOTING: Ayes — 5; Nays — 0. Board of Health (2 appointments): Chairman Johnson nominated Lance Desmarais and Dr. Rob Monson. MOTIO by Chairman Johnson to close the nominations and to appoint Desmarais and Monson by acclamation. VOTING: Ayes — 5; Nays — 0. Home and Community Care Block Grant Committee (3 appointments): Chairman Johnson nominated Sue Walser, Donna Osborne, and Joan Elam. OTION by Chairman Johnson to close the nominations and to appoint Walser, Osborne and Elam by acclamation. VOTING: Ayes — 5; Nays — 0. Recreation Advisory Committee (2 appointments): Chairman Johnson nominated Bill Benfield and Rob Jackson. OTIO by Chairman Johnson to close the nominations and to appoint Benfield and Jackson by acclamation. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: There being no further business to conduct, Chairman Johnson made a MOTION at 11:05 P.M., to adjourn the meeting. (NEXT MEETING: Tuesday, December 18, 2012 beginning at 7:00 P.M., in the Iredell County Government Center, Commissioners' Meeting Room, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approved: 29 ,dean C. �41oore Clerk to the Board