Loading...
HomeMy WebLinkAboutJune_3_2014_Regular_MinutesJune 3.2014 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES June 3, 2014 The Iredell County Board of Commissioners met on Tuesday, May 6, 2014, 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 Ken Robertson Renee Griffith Gene Houpe Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Dirks, Finance Director Susan Robertson, Fire and Emergency Services Coordinator David Saleeby, Planning Director Matthew Todd, Planner Andrew Ventresca, Cooperative Extension Director Nancy Keith, Recreation/Facility Services Director Robert Woody, and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Steve Johnson INVOCATION by Commissioner Renee Griffith PLEDGE OF ALLEGIANCE led by Chairman Steve Johnson ADJUSTMENTS OF THE AGENDA: None MOTION by Chairman Johnson to accept the agenda as presented. VOTING: Ayes — 5; Nays — 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Request by Iredell Statesville Sehools to Share an Update on the IMPACT Grant: Patrick Abele, Executive Director of the IMPACT Grant, presented an update on the laptop implementation for the 1:1 Initiative. He said the Innovative Methods for Personalizing Academic, Complemented by Technology (IMPACT) project is a bold and innovative initiative within the school district to move student forward, personalizing their education experience and helping them grow academically. Their goals are when students leave they are prepared for college and careers. As part of the grant initiative there are four goals within the grant: 1) individualized student drive learning (personalized); 2) revolutionized instruction (blended learning of traditional face to face instruction with technology); 3) cultivate high quality educators; 4) infused cross cutting data decisions. Jimmy Elliot, Principal of East Middle School, Victoria Principe, an eighth grade Spanish teacher at Mount Mourne, and Cassidy Brent, a sixth grade student at Northview spoke briefly on their positive interactions with the project. Vice Chairman Marvin Norman asked how many are presently installed. Abele said they have 4 Wave 1 schools where the 1:1 component this spring, approximately 2,150 laptops. They deployed 800 laptops to teachers and staff in February. Abele gave a budgetary update. Overview: The IMPACT project is funded through an investment of $20 million dollars from a federal Race -to -the Top District grant. Over the next several years, the district will revolutionize and transform classrooms into 21" Century learning centers. The district purchased the MacBook Air laptop for students in grades 6-12 as part of the 1 June 3.2014 grant initiative based upon a comprehensive analysis from stakeholder feedback, initial and long- term costs and device features. The grant expense for the laptops (including sales tax) is $3,187,634.35. The local expense (including sales tax) is $799,066.42. Wave 1 Schools Technology Fee Revenue is $39,643 ($20 per student for 2013-2014). The total grand budget for the device payments is $5,812,186.61 (includes the $418,686.61 budget transfer from unused personnel funding in Year 1 of the grant to device expenses approved by the US Department of Education.) Year 1 ended in December 31, 2013. Personnel funds were set aside at the beginning of the year, but were not positions were not filled immediately. Those funds, approved by the Department of Education, were amended for extra local expenses. They are now in grant Year 2. If any funds are available at the end of this year they will ask for another amendment. Student enrollment: 2013-2014 month 7 student, grades 6-12: 11,491. Enrollment 2014- 2015 projected increase in 6"' grade cohort vs 12"' grade cohort: +307 students. Approximately $300,000 in funding is anticipated to cover additional expenses for laptops due to increased enrollments in grades 6-12. They are looking at ways to fund that increase through grant funds, energy credits or other rebates, and/or local funding. The laptops for teachers are the same as for students so they can be interchanged if necessary. They want to make sure they have enough devices for all projected students. They will purchase according to enrollment. If the enrollment decreases and there are extra devices, they will be used for spares. They have approximately 177 spare devices at the moment. That is the minimum recommended number. PUBLIC HEARINGS Chairman Steve Johnson called the meeting into a public hearing. Public Hearing to request (Case #1405-1) from Kenneth & Deborah Lundy to Add Office/Storage Space to an Existing Non -Conforming Animal Kennel: Planning Director Matthew Todd said this is an unusual request to expand a non -conforming use. They would like to add an 18x 18 office space. The property is currently zoned residential. It has been a kennel for a number of years. Kennels are allowed in a residential district with a minimum acreage size based on the number of dogs. The alternative to allow a commercial kennel in a commercial district requires a special use permit. However, as long as the owner meets the criteria in this section of the non -conforming he can complete the addition and the zoning stays the same. No one from the public spoke for or against. Chairman Johnson closed the public hearing. OTIO by Commissioner Ken Robertson to recommend in favor of the expansion and to make a finding that the request meets all criteria to be considered in Section 15.5 of the Land Development Code. VOTING: Ayes — 5; Nays — 0 IREDELL COUNTY DEVELOPMENT SERVICES opsV PLANNING DIVISION PLANNING STAFF REPORT REZONING CASE # 1405-1 STAFF PROJECT CONTACT: Andrew Ventresca EXPLANATION OF THE REQUEST This is a request to add office/storage space to an existing non -conforming animal kennel facility. OWNER/APPLICANT OWNER/APPLICANT: Kenneth and Deborah Lundy 2 June 3.2014 PROPERTY INFORMATION LOCATION: 321 Old Mocksville Road; more specifically identified as PIN 4755792702.000. DIRECTIONS: US 64 East; North on Old Mocksville Road; site is on the western side of Old Mocksville Road. SURROUNDING LAND USE: An industrial use is located to the north, it is vacant to the south, east and west. SIZE: The property is 3.05 acres. EXISTING LAND USE: The site is currently used as an animal kennel. ZONING HISTORY: The eastern portion of this property has been zoned R 20 and the western portion of this property has been zoned RO since County Wide Zoning was adopted in 1990. OTHER JURISDICTIONAL INFORMATION: This property is located within the City of Statesville's Short Range Urban Service Area. The City has no issues with the expansion. OTHER SITE CHARACTERISTICS: This property is not located in a flood hazard area or Watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count is located just south on Old Mocksville Road and had a 2011 count of 5,100 vehicle trips per day. The capacity for this section of Old Mocksville Road is 11,000 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 Fire Marshal. They have no issues with the proposal. 6tatesvilie's Planning „., ,a,iatlK,iaa RA RO Rag 6tatesville's Plan Jaristl�nion \� Ro -- Z Case u 1405-1 Development Services o Current Zoning fa abs=�=^�� Planning Division EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. UTILITIES: To staffs knowledge, sewer service is available to the site and the site is served by Iredell Water Corporation. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning Department for review for non-residential development of the property. Parking requirements will be reviewed at this time. No screening or buffering requirements are required as both adjacent properties are zoned for commercial uses. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. 3 June 3. 2014 STAFF AND BOARD COMMENTS STAFF COMMENTS: The applicant is requesting to add an 18x18 (324 sq ft) addition to an existing non -conforming animal kennel for office/storage space. No new kennel space is proposed with the addition. The existing kennel is located on the portion of the property zoned R 20 and kennels are not a permitted use in the R 20 zoning district. Staff looked into the option of rezoning the property to a district that allows kennels, however the property will not meet the minimum lot size in any residentially zoned district where kennels are permitted and a special use permit is required for a kennel in any commercially zoned district which would cause the applicant to go through another public hearing following the rezoning process. The following criteria are to be considered when an expansion to a non -conforming use is proposed (per Section 15.5 of LDC): a. The enlargement will not cause substantial harm to the adjoining property owners. b. The enlargement will not result in traffic increases beyond the capacity of the roads serving said use. c. The enlargement will not result in emission of smoke, fumes, noise, odor or dust which will be detrimental to the character of the district or the health, safety, or general welfare of the community. d. The enlargement will maintain all minimum setbacks and buffer requirements of the use district in which said use would be permitted. The Planning staff can support the proposed request based on the following: Staff feels the request meets all of the above criteria to be considered. Also, the surrounding zoning is industrial, office and mixed use and the 2030 Horizon Plan calls for the area to be Employment Center Industrial/Office/Mixed and the proposed expansion is in harmony with both surrounding zoning and the 2030 Horizon Plan. SITE REVIEW COMMITTEE: David Aman visited the site with staff on April 23, 2014 PLANNING BOARD ACTION: On May 7, 2014, the Planning Board held a public meeting to hear this request. No one spoke on the request. The Planning Board voted 7-0 to recommend approval of this request with the following motion: Motion to recommend in favor of the expansion and to make a finding that the request meets all criteria to be considered in Section 15.5 of the Land Development Code. Chairman Johnson declared the meeting in a Public Hearing. Public Hearing to Consider a Request (Case #11405-2) from Broadway Group to Rezone 0.63 acres at 5155 Taylorsville Highway, Stony Point from RA to NB: Planning Director Matthew Todd said this request is a typical rezoning. This area has existing Residential and Neighborhood Business adjoining. The request is to go from Residential to Neighborhood Business. Gail Mantler of the Broadway Group asked for a favorable vote from the Board. The surrounding property is Neighborhood Business. The property will be used as a retention pond for a general retail store. Timothy Chase opposed the rezoning because it is too close to the homes in the area. Stephanie Bumgamer was opposed to the rezoning because it is facing her property. However, she was most concerned about the trees to providing a buffer. She would agree to the rezoning as long as the trees are not removed. Jewell Jordan also stated her concerned about the trees. She does not want to see the trees removed. 4 June 3. 2014 Kim Tatum stated her concern about trash on the retail property. Chairman Johnson asked if the ordinance required any type of natural or man-made buffer. Todd said a roadway buffer is required on Taylorsville Highway, but on West Lackey there is no official buffer in place. The parking lot must have canopy trees which they can use what is already there. This piece of property will be used as a storm water retention pond, but it is not required. Everything they are proposing will fit on the property. Chairman Johnson asked why the property is being proposed as a retention pond. Commissioner Griffith asked if the business could proceed even if the area is not rezoned. She also asked the benefit of the pond. Todd said yes. The pond would control the storm water. Mantler said there goal is to leave as many trees as possible, but she cannot give a 100% guarantee. Their desire is to be a good neighbor and keep the site attractive for all. Chairman Johnson asked if the decision for the pond was based on the topography and if it was a DENR requirement. Mantler said yes to both questions. Commissioner Griffith stated if the group owns other similar businesses in Iredell County that they could express upon them to be good neighbors as well. Bumgamer said the trees she would like to leave would be a curtesy to the property owners. Chairman Johnson asked about the ingress and egress. Todd said that would be up to NCDOT, but there is a site plan showing it to be on either road. The applicant said it would be on Taylorsville Highway. Chairman Johnson stated, due to the ordinance, a condition could not be imposed and ask the applicant to leave trees. Todd said that is correct. In order to put a condition on the property in question, the other property would have to be rezoned from Neighborhood Business to Neighborhood Business Conditional. Jordan spoke again to say if the trees are not left, they will not patronize the retail store. Chairman Johnson closed the public hearing. MOTION by Vice Chairman Marvin to recommend in favor of the zoning map amendments and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest due to its consistency with the 2030 Horizon Plan. VOTING: Ayes 5; Nays — 0 IREDELL COUNTY DEVELOPMENT SERVICES ��s�. PLANNING DIVISION 'JAI, PLANNING STAFF REPORT REZONING CASE # 1405-2 dRa 92730a1x411rK0P►F10. 410 �T��^11103=1 EXPLANATION OF THE REQUEST June 3.2014 This is a request to rezone 0.63 acres on Taylorsville Highway in Stony Point from RA, Residential Agricultural to NB, Neighborhood Business. 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: Alfred & Alice Combs APPLICANT: The Broadway Group PROPERTY INFORMATION LOCATION: 5155 Taylorsville Highway; more specifically identified as PIN 3797-62-3229.000. DIRECTIONS: Taylorsville Highway west towards Alexander County; site is on the southern side of Taylorsville Highway at its intersection with W. Lackey Farm Road. SURROUNDING LAND USE: The properties to the north are industrial, there are residential and commercial uses to the east, residential uses to the west, and it is undeveloped to the south. SIZE: The property is approximately 4 acres, of which 0.63 acres is proposed for rezoning. EXISTING LAND USE: The property has an abandoned mobile home and storage structure and is currently vacant. ZONING HISTORY: The frontage on Taylorsville Highway has been zoned NB since countywide zoning. The remaining portion of the property has been zoned RA since countywide zoning. Approximately 0.35 acres immediately west of the proposed rezoning was rezoned from RA to NB in 1995. OTHER JURISDICTIONAL INFORMATION: This property is not located within another jurisdictions planning boundary. OTHER SITE CHARACTERISTICS: This property is not located in a flood hazard area or Watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count is just to the west on Taylorsville Highway and had a 2012 count of 2,900 vehicle trips per day. The capacity for this section of Taylorsville Highway is 13,100 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 Fire Marshall. They have no issues with the proposal. EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. M June 3. 2014 UTILITIES: No public sewer is available to this site and it is served by Energy United Water Corporation. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning Department for review for non-residential development of the property. Zoning requirements such as parking, landscaping and buffering would be reviewed at such time. 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 services, personal services, other commercial uses, and office developments. The proposed NB district does fit into the Corridor Commercial designation. Other information to consider is that the site is proposed to be combined with the adjacent parcel to the east. This request is for the addition of a storm water detention pond which is not required by the Land Development Code as the property is not in a watershed. 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. This site is adjacent to commercially zoned property and the purpose of the rezoning exceeds the requirements of the Land Development Code. Potential traffic impacts should not come close to the road capacity. SITE REVIEW COMMITTEE: David Aman visited the site with staff on April 23, 2014. PLANNING BOARD ACTION: On May 7, 2014, the Planning Board held a public meeting to hear this request. A few citizens spoke in opposition to the 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 make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest due to its consistency with the 2030 Horizon Plan. Chairman Johnson declared the meeting in a Public Hearing. Public Hearing for the Consideration of the Proposed FY 2014-2015 Budget: Chairman Johnson asked if anyone from the public desired to speak. Amy Miller addressed the Board and wanted to speak concerning the Animal Service budget. She is asked in the past for improvements in the Animal Services Department and she is happy to report that she has seen those changes first hand. She feels the staff is doing amazing work. However, she is torn on the proposed budget. She stated the average response time for an Animal Control officer is one hour and twenty three minutes during the work week and two hours and forty nine minutes for after hours and/or weekend. She is concerned about public safety and owners' property. The proposed budget calls for two additional officers in three to five years. She doesn't feel the Board can justify waiting three to five years. She said she is in favor of more adoptions and more humane treatments of animals, but other counties have made vast improvements by educating and training their staff. She feels the new vet position will add to the responsibilities of the overworked staff. She would love to see Iredell County as a No -Kill Shelter I June 3. 2014 but not at the detriment of enforcement and safety. She expressed her concern about financing and the experience and qualifications of a veterinarian that the County might hire. She stated there are many spay/neuter clinics around the county and questioned why the Animal Shelter wants to fund to another one. Amy Eisele of SCAN thanked the Board for the budget allocation. She said the allocation has allowed them to work in homes of 150 people to education parents to stop child abuse. She said there were over 300 people in parenting classes last year and 28 families in supervised visits. Because of this the work to prevent child abuse, it takes a neighborhood, a community and the whole county to keep children safe. She thanked the Board for all of their financial help. Chairman closed the public hearing. ADMINISTRATIVE MATTERS Request from the Planning Department to Call for a Public Hearing on July 15, 2014 in Regard to a Request by Eric Wood, with SLF II NC Magnolia Bays JV, LLC to Release Zoning and Subdivision Jurisdiction to Town of Mooresville: Planning Director Matthew Todd asked to call for a public hearing to release ETJ on Little Indian Lane off of Big Indian Loop. It is adjacent to existing jurisdiction of Mooresville. The proposal is to combine it with the existing tract for residential use. OTIO by Commissioner Gene Houpe to set a public hearing on July 15, 2014 for a release of zoning and subdivision jurisdiction to the Town of Mooresville by SLF, II NC Magnolia Bays JV, LLC. VOTING: Ayes — 5; Nays — 0 Request from the Sheriff's Office to Apply for 2014-2015 JAG Grant in the Amount of $16,384 to Purchase Equipment: Deputy Rick Eades stated this request is to apply the 2014- 15 Justice Assistant Grant. This is the same grant they have applied to for several years. The Department of Justice will only allow application for $16,384. This is a no -match grant and will be used for the Sheriffs Youth Athletic League, to purchase instructional equipment for the Sheriffs Training Academy, and funds for the renewal for the accreditation of the crime lab. OTION by Commissioner Renee Griffith to approve. VOTING: Ayes — 5; Nays — 0. Request from Parks/Recreation to Allocate $8,200 in Contingency Funds to Cover Any Overages or Additions of the Scotts Rosenwald Park PARTF Grant: Parks/Recreation Director Robert Woody said three years ago they applied for a Parks And Recreation Trust Fund Grant in the amount of $186,650. This grant is now coming to a close. As part of the grant they were require to allocate 5% of the project into a contingency fund of $8,200. The grant closes on June 30, 2014 and they are requesting to move the contingency into a buildings improvement line. It is reimbursable along with the rest of the funds that were allocated for this project. MOTION by Commissioner Renee Griffith to approve. VOTING: Ayes — 5; Nays — 0. Request for Approval of the May 8, 2014 Minutes: OTION by Vice Chairman Marvin Norman to approve. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENTS OF VACANCIES OCCURRING ON BOARD & COMMISSIONS • Juvenile Crime Prevention Council (5 Announcements) • Iredell County Planning Board (3 Announcements) • Region F Aging Advisory Committee (2 Announcements) • Mooresville Planning Board (1 Announcement) June 3. 2014 APPOINTMENTS TO BOARDS AND COMMISSIONS Centralina Work Force Development (I Appointment) Commissioner Ken Robertson nominated Joey Chambers to be the private sector representative. MOTION by Chairman Johnson to close the floor to nominations and appoint Joey Chambers by acclamation. VOTING: Ayes — 5; Nays — 0 Home & Community Care Block Grant (1 Appointment) Chairman Steve Johnson nominated Commissioner Gene Houpe. MOTION by Chairman Johnson to close the floor to nominations and appoint Commissioner Gene Houpe by acclamation. VOTING: Ayes — 5; Nays — 0 Social Services Board (1 Appointment) Commissioner Ken Robertson nominated Alice Stewart. OTION by Chairman Johnson to close the floor to nominations and appoint Alice Stewart by acclamation. VOTING: Ayes — 4; Nays — 1 (Renee Griffith) Mitchell Community College Board of Trustees (IAppointment) Vice Chairman Marvin Norman nominated Betsy Yarborough. OTION by Chairman Johnson to close the floor to nominations and appoint Betsy Yarborough by acclamation. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS (None) NEW BUSINESS OTION by Commissioner Ken Robertson proposed that a committee to be form that would examine alternatives that might reduce the number of prisoners or the number of days prisoners are retained in the county jail with a restriction that anything they come up with would not endanger public safety. He suggested the committee be led by Superior Court Judge Joe Crosswhite and the members be a representative of the district court judges, district attorney's office, Sheriff's Office, Jail employee, a representative appointed by the Board of Commissioners. There have been a lot of discussion to see if the population could be reduced by administrative type changes. This small working group may be a way to get it started. Vice Chairman Marvin Norman asked to include the Clerk of Court. Commissioner Robertson agreed a representative or the Clerk of Court. They could bring people on board as needed. Chairman Johnson said he supports those efforts but there was a subcommittee under the Jail Task Force for construction that was tasked to perform those duties. He instructed County Manager Ron Smith to investigate that subcommittee's findings. 9 June 3.2014 VOTING: Ayes — 5; Nays — 0 Chairman Johnson asked the Clerk to craft a letter to the legislative delegation to encourage them to implement technology as it relates to court documents. He said there are hundreds of square feet of floor space could be freed, make record retrieval more efficient. Documents could be maintained off -sight in a climate controlled area much less expensive than adding court space. COUNTY MANAGER'S REPORT County Manager Ron Smith thanked the Board for the long hours over the past month and thanked the staff for all of work involved with the budget process. Chairman Johnson asked about the budget ordinance. County Manager Ron Smith said that is the next step. The Finance Director is presently working on the ordinance and will present it at the next meeting. Chairman Johnson asked if the understanding is clear concerning the current expenses for the schools. OTIO by Chairman Johnson to instruct staff to bring a budget ordinance to the next meeting based upon the revisions made in the budgets including the one late this afternoon in regard to an increase in the per pupil funding for schools. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: MOTION by Chairman Steve Johnson to adjourn the meeting at 8:30 p.m. (NEXT MEETING: Tuesday, June 17, 2014 at 7:00 p.m. in the Iredell County Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 5; Nays — 0. Approval: 10 Clerk to the Board