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HomeMy WebLinkAboutDecember 3 2013 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES December 3, 2013 The Iredell County Board of Commissioners met on Tuesday, December 3, 2013, at 7:00 PM, 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, Finance Director Susan Robertson, Planning Director Matthew Todd, Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Johnson INVOCATION by Chairman Johnson PLEDGE OF ALLEGIANCE ADJUSTMENTS TO THE AGENDA: MOTIO by Commissioner Griffith to approve the agenda with the following adjustment. Addition: Closed Session Pursuant to Personnel 143.318.11 (a) (6) VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS: None. APPOINTMENTS BEFORE THE BOARD: None. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Request from William Bundy to Rezone 1.02 acres at 1576 Brawley School Road, Mooresville, from RO-CUD, Residential Office Conditional Use District and RA, Residential Agricultural District to RO, Residential Office District: Planning Director Matthew Todd stated in 2006 the corner of the property was rezoned RO. At the time it was a Conditional Use District with a condition put into place requiring a landscape buffer adjacent to the residential property. In 2011 the Land Development Code was amended which would require that condition regardless of Conditional Zoning. This is the reason this property is begin rezoned to straight RO. Essentially the condition has been taken care of within the regulation. However, the owner is proposing to add an additional area in order to make the property workable for an office type use. Todd said the staff supports this request based on the fact that the corner is already zoned RO. The proposed rezoning is consistent with the past rezoning request and the potential traffic impact is minimal. Commissioner Robertson asked if the property, with the addition, would have one pin number. Todd said yes, once the survey is complete. William Bundy was present and stated he would be glad to answer any questions if needed. No one desired to speak, and Chairman Johnson adjourned the hearing. OTION by Commissioner Robertson to recommend in favor of the zoning map amendment and to advise that although it is inconsistent with the Iredell County 2030 Horizon Plan, this said approval is reasonable and in the public interest based on the rezoning request being in general conformity with existing land uses in the area and on sire, and is consistent with a past rezoning request; 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. IREDELL COUNTY DEVELOPMENT SERVICES A PLANNING DIVISION PLANNING STAFF REPORT ? REZONING CASE # 1311-1 �$ STAFF PROJECT CONTACT: Andrew Ventresca EXPLANATION OF THE REQUEST This is a request to rezone 1.02 acres at 1576 Brawley School Road in Mooresville from RO- CUD, Residential Office -Conditional Use District and RA, Residential Agricultural to RO, Residential Office. 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 OWNERS: Thomas Eugene Barnette (4626-71-4565.000) Grady Lester Mayhew Etal (4626-71-2123.000) APPLICANT: William H. Bundy Jr. PROPERTY INFORMATION LOCATION: 1576 Brawley School Road; more specifically identified as PIN 4626-71-4565.000 & 4626- 71-2123.000 (portion of parcel). DIRECTIONS: I - 77 South to Brawley School Road; West on Brawley School Road; site is on the southwest corner of the intersection of Brawley School and Chuckwood Road. SURROUNDING LAND USE: This property has a community well and church to the north, residential to the south and east, and a salvage yard to the west. SIZE: The property is 1.02 acres. EXISTING LAND USE: The property currently has an abandoned single family residence and is vacant. ZONING HISTORY: Both parcels were initially zoned RA with county wide zoning in 1990. Parcel 4626-71- 4565.000 was rezoned to RO-CUD with the condition of a screening device along the western property line in 2006. The request was unanimously approved by both the Planning Board and Board of Commissioners. OTHER JURISDICTIONAL INFORMATION: This property is located within Mooresville's long range USA boundary. 2 OTHER SITE CHARACTERISTICS: This property is located in the WS -IV -Critical Watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count is on Brawley School Road and had a 2012 count of 9,800 vehicle trips per day. Based upon NCDOT criteria, a major thoroughfare in the piedmont region with a continuous left turn lane, and a posted speed of 45 mph would have a standard capacity of 13,800 vehicles per day. SCHOOLS: Because of the size of this rezoning, there should be minimal 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 would 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 Low Density Residential. Parcel 4626-71-4565.000 is currently zoned for single family residential and office. This property was rezoned to RO-CUD in 2006 and is currently vacant. Parcel 4626-71- 2123.000 is currently zoned for single family residential and agriculture. The current use is a salvage yard. Other information to consider is that the applicant states that the additional property will be used to meet parking and septic system requirements. The only condition that exists on the RO-CUD property is screening along the western property line. This condition is no longer necessary. With the adoption of the new Land Development Code in 2011 an amendment was added requiring any non-residential development to have a landscaped buffer yard when abutting any residentially zoned property (Section 5.2.1). The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be low density residential but the majority of the property is already zoned for Residential Office. The property will have difficulty meeting parking, landscaping and setback requirements without additional land. Also it is consistent with a past rezoning request. Residential uses remain a residential use in the RO district. Potential traffic impacts should not come close to the road capacity. SITE REVIEW COMMITTEE: Jackie Grigg, David Aman and Jerry Santoni visited the site with the staff on October 16. 2013. PLANNING BOARD ACTION: On November 6, 2013, 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 with the following motion: Motion to recommend in favor of the zoning map amendment and to advise that although it is inconsistent with the Iredell County 2030 Horizon Plan, approval is based on the rezoning request in general conformity with existing land uses in the area and on site 3 and is consistent with a past rezoning request. This approval allows all uses as describea in the Table of Permitted and Special Uses (Section 2.2 1 ) in the Land Development Code. Chairman Johnson declared the meeting to be in a public hearing. Request for a Text Amendment to the Land Development Code: Planning Director Matthew Todd stated this is a text amendment in which to add language to the code to allow composting facilities. At the present time, composting facilities are not addressed specifically in the code. There are some areas that could loosely interpret allowance in industrial zones. Todd felt it necessary for the text amendment to be specific. Currently the state has extensive regulations for composting facilities which Todd said they used to help build the amendment. The proposal would still allow composting in the M1 and M2 zoning districts, but in the AC, RA and RUR composting would only be allowed with a special use permit. This would go before the Board of Adjustment and they would have to meet the minimum state requirements. Todd said the proposal is following along with state requirements and, of course, the Board of Adjustment, on a case by case basis, could add any additional conditions that came out of the public hearing process. Todd felt this was the wisest way to go in order to meet the many possible variables. The Planning Board voted 6 to 1 to approve. Todd stated other concerns where the limited industrial areas in the County, they did not feel it was appropriate to use the industrial areas where infrastructure was already in place. Commissioner Boone asked about uses in the M 1 and M2 zones. Todd stated that was the loose interpretations he mentioned earlier. But he could not specifically recall a particular use. Boone asked to clarify that if a local government imposes greater environmental restrictions it must be a unanimous vote of the Board and if that was statutory. Todd said yes. It was effective in October of this year, if it is in the environmental regulation that the state or federal government already control, there is a one year moratorium for any regulation and must have a unanimous vote to be approved. Boone also wanted to clarify to the public that this specifically exempts personal home backyard composting. This is only for commercial use. Commissioner Renee Griffith asked if there had been interest for this type of operation in the county. Todd said there have been two different groups interested. One in the last few months and the other has been in conversations for approximately a year. Todd said he expects this company to move forward with a request. Chairman Steve Johnson asked for clarification on the setback requirement of 500 feet. Johnson said 500 feet from and an existing residence or 500 feet from an adjacent property are two different things and asked if this would be left to the Board of Adjustment to decide. Todd said it would be for whichever is more restrictive. Essentially they have to meet both. Johnson questioned the method for ensuring funds to be available for decommissioning and restoration. Would they have the authority to ask the applicant to post a bond or some other means? Todd said the Board of Adjustment could ask. There were no further questions and no one desired to speak. Chairman Johnson adjourned the public hearing. OTIO by Vice Chairman Marvin Norman to approve. VOTNG: Ayes — 5; Nays — 0. 4 IREDELL COUNTY DEVELOPMENT SERVICES PLANNING DIVISION PLANNING STAFF REPORT Proposed Text Amendment - Solid Waste Composting Facility Staff Project Contact: Matthew Todd EXPLANATION OF THE REQUEST The following staff -initiated text amendment to the Land Development Code is being presented for information only at this time. Existing text that is is text to be removed. Text in red and underlined is new text to be added. STAFF COMMENTS In 2012 our office was approached about permitting of a solid waste composting facility. This type facility was referred to as windrow composting of green materials. After reviewing our code, it was determined that the only way this type of facility could be permitted as an industrial type use and require industrial zoning. After having additional conversations with the client it was determined that commercial and industrial zoning was not ideal for this type of facility. The type of facility specifically proposed is referred to as a type III composting operation and requires larger acreage. After thorough review of this process staff has determined that this is a use that could be beneficial to Iredell County, if developed within certain guidelines and permitted though a special use permit process. The concept of this type of use has a sustainability aspect and would help further some goals in the 2030 Horizon Plan. The SUP process would help to ensure that the location is suitable. In addition it would give the citizens an opportunity to have input and the option to add additional requirements, if the Board of Adjustment or staff felt that was necessary. On November b, 2013 the Planning Board voted 6-1 (Santoni) to recommend approval of this request. Staff is proposing the following amendment to the Land Development Code. PROPOSED TEXT AMENDMENT R XX Composting Facility In the AC, RA, and RUR zoning district composting facilities shall require a special use permit and meet the following criteria. A. Site must be developed in accordance Der the rules for Composting Facilities as provided in Section .1400 of Chapter 13B of Title 15A of the North Carolina Administrative Code ("North Solid Waste Compost Rules") and set forth by the North Carolina Department of Environmental and Natural Resources (NCDENR), Solid Waste Division. Confirmation shall be required that the site is developed in compliance with these rules as issued from the Solid Waste Division. B. Compost Permit shall be issued by the NCDENR Solid Waste Division where required by Rule .1402(8) of the North Carolina Solid Waste Compost Rules. This shall be made 5 a condition of the Special Use Permit where the applicant cannot obtain a Compost Permit without prior zoning approval from the County. C. The applicant shall submit a site plan and/or survey indicating that the proposed use complies with the requirements of Rule .1404 of the North Carolina Solid Waste Compost Rules. D. Type 3 and 4 facilities as defined in the North Carolina Solid Waste Compost Rules shall have the following additional setbacks. 1. All associated uses with the Composting Facility shall be setback a minimum of five hundred (500) feet from any adjacent property zoned for single family residential use or any residence (existing residence or one under construction). E. The applicant must submit decommissioning plans that describe the estimated decommissioning cost in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the site will be decommissioned and restored. F. The Board of Adjustment may add conditions to this type of request to insure proper road access and screening. Section 16.4 Definitions Composting Facility: Composting Facility means a manufacturing facility that processes agricultural and horticultural residuals, municipal residuals, and/or industrial residuals using a controlled process of microbial degradation of organic materials into a stable, nuisance -free, humus -like agricultural and horticultural product. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing and sales. A Composting Facility does not include backyard composting where a property owner and/or resident produces compost from waste generated solely by the owner on his property and the compost is not offered to the public. Further, a Composting Facility does not include farming and silvicultural operations where the compost is produced from materials grown on the owner's land and re -used on the owner's land or in his associated farming operations and not offered to the public. No toxic, hazardous or radiological residuals can be processed at an organics recycling facility. Section 2.21.3 Commercial Uses USES I AC RA RUR RR R20 R12 RS RO OI NB HB GB M1 M2 R Composting Facility S S S X X 43 ADMINISTRATIVE MATTERS Annual Election of the Board Chairman and Vice Chairman: At this time Chairman Johnson turned the meeting over to County Manager Ron Smith. Smith stated in accordance with G.S. 153A-39 and the rules of procedure, it is required to elect a Chairman and Vice Chairman at the first meeting in December. Smith asked for nominations. Commissioner Griffith nominated Steve Johnson. OTIO by Commissioner Boone to close the nominations and elect Mr. Johnson by acclamation. VOTING: Ayes — 5; Nays — 0. 6 Smith stated Mr. Johnson has been re -appointed as Chairman and turned the meeting back over to Chairman Johnson. Chairman Johnson asked for nominations for Vice Chairman. Commissioner Robertson nominated Marvin Norman to continue as Vice Chairman. MOTIO by Chairman Johnson to close nominations and elect Mr. Norman by acclamation. VOTING: Ayes — 5; Nays — 0. Request for approval of Public Officials' Bonds: County Manager Ron Smith stated, in accordance with general statutes, bonds for Sheriff, Register of Deeds, Tax Collector, Deputy Tax Collector and Finance are submitted for approval. OTION by Commissioner Boone to approve the bond. VOTING: Ayes — 5; Nays — 0. The bond amounts are as follows: Position Amount of Guarantee Sheriff $ 10,000 Register of Deeds $ 10,000 Tax Collector $ 50,000 Deputy Tax Collectors (4 & $50,000 ea.) $ 50,000 per person Finance Officer $100,000 Request Consideration and/or Approval of Memorandum of Understanding with Unifour Rural Planning Organization to Add the Northern Portion of Iredell County to its Planning Boundary: Planning Director Matthew Todd stated the southern portion of Iredell County joined the Charlotte MPO which has been resolved. The northern part of the county, north of the South Yadkin River, proposed to join the Unifour RPO out of the Hickory area. one. Commissioner Griffith asked the name of the current representative of the Board, if there is Todd said there isn't a representative at this time. Commissioner Boone stated the need to prevail upon the General Assembly to possibly change these districts. He said the boundaries of this district are contorted as are most congressional districts. Boone pointed out the difficulty to drive from one corner to another without veering off into another district. Chairman Johnson said Commissioner Boone's point is well taken. He continued that it fits well into a quantitative method that will be used to prioritize transportation projects. Johnson said he didn't understand how they can compare an interchange at Cornelius Road and a south taxi way at the airport with a hiking trail. OTIO by Commissioner Robertson to approve. VOTING: Ayes — 5; Nays — 0. Request for Adoption of a Resolution to Cancel the Loan Performance Agreement, Promissory Note and UCC Financing Statement with Talon Systems American, Inc.: Finance Director Susan Robertson stated in 2010 the Rural Center awarded a $240,000 Building Use and Restoration Grant to the County to loan to Talon Systems to upgrade the facility on West Front Street. Part of the requirements of the grant was that Talon was to create 24 new jobs which they were unable to meet. Only 4 jobs were created and $39,761.00 was actually drawn down on the grant. The project has closed and the Rural Center has given authority to forgive the promissory note to Talon. All reports, documentation and audits have been filed. Robertson is requesting approval of the resolution. Commissioner Boone asked if the Rural Center is the same one that has been abolished and changed to something else. Robertson said it is the same and is now a division of the Department of Commerce. Boone asked for clarification on why the county was involved. Robertson said the grants were never made directly to the business. They had to be made to the County and passed to the business. The money was paid only when they provided documentation when the work had been done. It was based on $10,000 per job created. OTION by Vice Chairman Norman to approve. VOTING: Ayes — 5; Nays — 0. Request for Approval of Budget Amendment #12 Recognizing Inspection Fees and Appropriating for Central Permitting Technician: Finance Director Susan Robertson asked for approval for Budget Amendment #12 for a position in Central Permitting. Robertson reminded the Board this action was discussed at the fall planning meeting and authorization was given to recruit a new employee to fill the position. This budget amendment recognizes a small part of the fees that have been collected to date to fund that position for 6 V2 months. MOTION by Vice Chairman Norman to approve. VOTING: Ayes — 5; Nays — 0. Request for Approval of Budget Amendment #13 to Recognize Funding: Department of Social Services Director Yvette Smith asked for approval of budget amendment #13 to recognize funding. Smith said they received a family reunification allotment in the amount of $24,470. There is no county money in this funding; it is all federal dollars. MOTION by Commissioner Boone to approve. VOTING: Ayes — 5; Nays — 0. 3A#13 To appropriate Family Reunification Funds in the DSS Department Account# I BA#12 To recognize increase in Inspections Fees and appropriate for additional Central Permitting Amended General Technician. 12/3/2013 104630450037 Reunification (24,470) (24,470) Account# Family Current Change Amended 105630555220 General Fund Inspection & Permit Fees (2,500,000) (21,830) (2,521,830) 104562 460000 168,130 15,275 183,405 105566 510002 105566 Salaries & Wages FICA 12,862 985 13,847 512501 105566 512502 Health Insurance Retirement 37,250 3,725 40,975 105566 512503 20,293 1,845 22,138 Request for Approval of Budget Amendment #13 to Recognize Funding: Department of Social Services Director Yvette Smith asked for approval of budget amendment #13 to recognize funding. Smith said they received a family reunification allotment in the amount of $24,470. There is no county money in this funding; it is all federal dollars. MOTION by Commissioner Boone to approve. VOTING: Ayes — 5; Nays — 0. 3A#13 To appropriate Family Reunification Funds in the DSS Department Account# I Current Chane Amended General Fund Family 104630450037 Reunification (24,470) (24,470) Family 105630555220 Reunification 24,470 24,470 Commissioner Ken Robertson asked to make a comment. Robertson mentioned the recent unfortunate news regarding a staff member of the Union County Department of Social Services and past news events surrounding the disappearance of Zahra Baker in Caldwell County. He admitted, prior to being elected County Commissioner, that he did not realize all of the responsibilities of the Department of Social Services. Robertson stated that many people don't know the process involved when the Sheriff's Department removes children from homes for varies reasons. These children become the responsibility of the Department of Social Services and with no regard to the time of day or night, the staff takes care of the children. Robertson just wanted to comment publicly that when a job is done well it is usually not mentioned and thanks are not expressed. Robertson asked Mrs. Smith to express to her staff appreciation for the good works they are doing and he was glad Iredell County was not associated with either of the afore mentioned cases. Request for Approval of the November 8 and November 19, 2013 Minutes: MOTION by Vice Chairman Norman to approve. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Centralina Economic Development Commission has (1 announcement) APPOINTMENTS TO BOARDS AND COMMISSIONS Adult Care Community Advisory Committee (I appointment): MOTION by Chairman Johnson to table this appointment to the next meeting. VOTING: Ayes — 5; Nays — 0. Board of Health (5 appointments): Commissioner Robertson nominated Mark Tart, Heather Day and Mary Lacey Johnson OTION by Chairman Johnson to appoint these 3 by acclamation and table the two remaining appointments until the next meeting. VOTING: Ayes — 5; Nays — 0. Home and Community Care Block Grant Committee (6 appointments): Commissioner Robertson nominated Mildred Johnson, Mary Joe Danner, Barbara Barrier and Carolyn Jordan. OTIO by Chairman Johnson to close the nominations and appoint these by acclamation. VOTING: Ayes — 5; Nays — 0. Recreation Advisory Committee (4 appointments): Commissioner Griffith nominated Bob Howell, Bill Freshwater, Barbara Thorson and Wes Davidson. MOTION by Chairman Johnson to close the nominations and appoint these by acclamation. VOTING: Ayes — 5; Nays — 0. Zoning Board of Adjustment (4 appointments): Commissioner Robertson nominated Allen Boyce, Mac McCombs and Linda Brater. Commissioner Boone nominated Roy West. MOTIO by Chairman Johnson to close the nominations and appoint these by acclamation. VOTING: Ayes — 5; Nays — 0. 9 CLOSED SESSION OTION by Chairman Johnson to enter into closed session at 7:40 PM, pursuant to G.S. 143-318.11 (a) (3)—Attorney Client and G.S. 143-318 (a) (6)—Personnel. VOTING: Ayes — 5; Nays — 0. (Returned to open session at 8:03 PM) ADJOURNMENT: OTIO by Chairman Johnson to adjourn the meeting at 8:03 PM. (NEXT MEETING: Tuesday, December 17, 2013, at 7:00 PM, in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approval: 10 Clerk to the Board