HomeMy WebLinkAboutNovember_18_2014_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
November 18, 2014
The Iredell County Board of Commissioners met Tuesday, November 18, 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, Deputy County Manager Beth Dirks, Finance
Director Susan Robertson, Fire and Emergency Services Coordinator David Saleeby, Planning
Director Matthew Todd, Planner Andrew Ventresca, ICATS Director Ben Stikeleather and Clerk
to the Board Retha Gaither.
CALL TO ORDER by Chairman Steve Johnson
INVOCATION by Chairman Steve Johnson
PLEDGE OF ALLEGIANCE led by Chairman Johnson
ADJUSTMENTS OF THE AGENDA: No one from the staff or the Board asked for
adjustments to the agenda.
OTIO by Commissioner Renee Griffith to adopt the agenda as presented.
VOTING: Ayes — 5; Nays — 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
(None)
APPOINTMENTS BEFORE THE BOARD
(None)
PUBLIC HEARINGS
Chairman Steve Johnson declared the meeting to be in a Public Hearing.
Request to Consider an Economic Development Incentive for Project CHH:
Mooresville South Iredell Economic Development Director Rob Carney stated this corporation is
health care related and presently headquartered in Baton Rouge, Louisiana. They are considering
relocating their headquarters to Mooresville. If successful, they would invest $6.5 million in a new
office facility off Brawley School Road. The company currently employees 112 full-time
employees and anticipates adding 200 back office employees over the next five years. The average
salary will be over $55,000 per employee. Carney is requesting an economic incentive for Project
CHH in the amount of $126,100 over a five year period based on the company's investment of
$6.5 million and following the guidelines of the Iredell County Economic Incentive Policy.
No one from the public wished to speak.
Chairman Johnson closed the public hearing.
MOTION by Commissioner Renee Griffith to approve.
VOTING: Ayes — 5; Nays — 0
Chairman Johnson declared the meeting into a public hearing.
Request to Consider an Economic Development Incentive for Project Warm:
Mooresville South Iredell Economic Development Director Rob Carney stated this is a new
manufacturing project specializing in combustion engineering. This company serves the
automotive, toy, and baking industries with their technology. The company is currently located in
New Rochelle, NY and is interested in re -locating to the Mooresville community. If successful the
company would invest $3 million in a facility purchase, machinery and equipment expansion. They
plan to purchase a 50,000 square foot facility at 225 Mooresville Blvd, within the Mooresville
Business Park. They would create 45 full time manufacturing jobs with salaries over $60,000.
Carney is requesting an economic incentive for Project Warm in the amount of $58,200 over a five
year period based on the company's investment of $3 million and following the guidelines of the
Iredell County Economic Incentive Policy.
No one from the public wished to speak.
Chairman Johnson closed the public hearing.
MOTION by Vice Chairman Marvin Norman to approve.
VOTING: Ayes — 5; Nays — 0
Chairman Johnson declared the meeting into a public hearing.
Request from ICATS to Seek Input Concerning ICATS's Application for FTA 5310
(Elderly and Disabled) Grant and Approve Acceptance of Those Funds: ICATS Director Ben
Stikeleather stated the 5310 grant is to provide transportation for elderly and disabled individuals
specifically in rural areas. The request is for a $200,000 grant that is a 50% match. The federal
government will provide $100,000 and $100,000 from State ROAP funds.
No one from the public wished to speak.
Chairman Johnson closed the public hearing.
MOTION by Vice Chairman Marvin Norman to approve.
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VOTING: Ayes — 5; Nays — 0
PUBLIC TRANSPORTATION 5310 PROGRAM RESOLUTION
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Status and the Governor of North
Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for
administering federal and state public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US
Department of Transportation, Federal Transit Administration and receives finds from the North Carolina General
Assembly to provide assistance for public transportation projects; and
WHEREAS, the purpose of the Section 5310 program is to enhance mobility for seniors and individuals
with disabilities throughout the country, by removing barriers to transportation services and expanding the
transportation mobility options available. Toward this goal, FTA provides financial assistance for transportation
services planned, designed, and carried out to meet the special transportation needs of seniors and individuals with
disabilities in all area.
WHEREAS, NCDOT has been designated as the State agency with principle authority and responsibility
for administering the Section 5310 Program for small urbanized and rural areas; and
WHEREAS, (Legal Name of Applicant) Iredcll County hereby assures and certifies that it will comply
with the federal and state statutes, regulations, executive orders, and all small administrative requirements related to
the applications made to and grants received from the Federal Transit Administration, as well as the provisions of
Section 1001 of Title 18, U.S.C.
NOW, THEREFORE, be it resolved that the (Authorized Official's Title)* Transportation Director of
(Name of Applicant's Governing Body) Iredell County is hereby authorized to submit a grant for federal and state
funding, provide the required local match, make the necessary assurances and certifications and be empowered to
enter into an agreement with the NCDOT to provide public transportation services.
Chairman Johnson declared the meeting into a public hearing.
Request from ICATS to Seek Input Concerning ICATS's Application for FTA 5311
Grant and Approve Acceptance of Those Funds: ICATS Director Ben Stikeleather said the
5311 grant is to provide administrative and capital costs for ICATS. It comes from the federal
government and there is a state match as well as a local match. The local match will come from
fund balance and other grants received. The total amount requested is $727,777 from the FTA.
The bulk of the money will be used to replace vehicles.
No one from the public wished to speak.
Chairman Johnson closed the public hearing.
OTION by Commissioner Renee Griffith to approve.
VOTING: Ayes — 5; Nays — 0
COMMUNITY TRANSPORTATION PROGRAM RESOLUTION
Section 5311
FY 2016 RESOLUTION
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North
Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for
administering federal and state public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US
Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General
Assembly to provide assistance for rural public transportation projects; and
WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the
provision of rural public transportation services consistent with the policy requirements for planning, community
and agency involvement, service design, service alternatives, training and conference participation, reporting and
other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and
fully allocated costs analysis); and
WHEREAS, Iredell County hereby assures and certifies that it will provide the required local matching
fiords; that its staff has the technical capacity to implement and manage the project, prepare required reports, obtain
required training, attend meetings and conferences; and agrees to comply with the federal and state statutes,
regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the
applications made to and grants received from the Federal Transit Administration, as well as the provisions of
Section 1001 of Title 18, U. S. C.
NOW, THEREFORE, be it resolved that the Transportation Director of Iredell County is hereby authorized
to submit a grant application for federal and state funding, make the necessary assurances and certifications and be
empowered to enter into an agreement with the NCDOT to provide rural public transportation services.
Chairman Johnson declared the meeting into a public hearing.
Request from the Planning Division to Consider Rezoning 3.11 Acres at 635
Mocksville Highway for E. Bedford Cannon: Planning Division Director Matthew Todd stated
this request is to rezone 3.11 acres off of Mocksville Highway. It is behind an existing GB (John
Deere Dealership) and is a conditional request. The potential traffic impact should not come close
to road capacity. Staff is recommending approval. It is adjacent to a Rural Commercial designation
in the 2030 Horizon Plan. A 30 foot buffer will be required and will be used for storage of
equipment.
Bedford Cannon spoke in favor of this request and stated the owner of this property will
be transferring the land to the John Deere dealership to be used to expand the business.
Andy Webster, Chief of Cool Springs VFD spoke in favor of the request.
Chairman Johnson closed the public hearing.
MOTION by Commissioner Ken Robertson to recommend in favor of the zoning map
amendment and to advise that though it is inconsistent with the Iredell County 2030 Horizon Plan
it is reasonable and in the public interest because the expansion of an existing farm services
business is in harmony with the surrounding area, it is consistent with past rezoning cases in the
area and the request is conditional and site plan specific.
VOTING: Ayes — 5; Nays — 0
Development Services
PLANNING DIVISION "
* J
PLANNING STAFF REPORT
REZONING CASE # 1410-1 e$
STAFF PROJECT CONTACT: Andrew Ventresca ^'
EXPLANATION OF THE REQUEST
This is a request to rezone 3.11 acres at 635 Mocksville Highway in Statesville from Single Family
Residential (R-20) to General Business Conditional Zoning District (GB -CD). This request is
conditional per the submitted site plan and will be limited to farm machinery sales and service,
farm type enterprises (services), equipment rental and leasing, equipment repair heavy & light.
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OWNER/APPLICANT
OWNER: Henry & Barbara Hall
APPLICANT: E. Bedford Cannon
PROPERTY INFORMATION
LOCATION:
635 Mocksville Road, in Statesville; more specifically identified as PIN 4765448210.000.
DIRECTIONS:
Mocksville Highway past River Hill on Left
SURROUNDING LAND USE:
There are commercial uses to the south and residential and vacant uses to the north, east and
west.
SIZE:
The property is 3.11 acres.
EXISTING LAND USE: Tractors from the Ideal Tractor Company are currently being stored on site.
This site is proposed to be combined with the Ideal Tractor Company property to the south.
ZONING HISTORY: This property has been zoned R-20 since the adoption of county -wide zoning.
If combined with the Ideal Tractor Company parcel, the middle section of that parcel was zoned
to GB in 2001 and the southern portion of that parcel was zoned GB since the adoption of county-
wide zoning. The properties to the west southwest were rezoned to GB in 1990 and 2000
respectively.
OTHER JURISDICTIONAL INFORMATION: This property is located within Statesville's long range USA
boundary.
OTHER SITE CHARACTERISTICS: This property is not located in
a watershed or floodzone.
UTILITIES: This property has no public sewer and is served by
Iredell Water Corporation to the best of staff's knowledge.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: The closest traffic count is just to the west of the
site on Mocksville Highway and had a traffic count of 7500
vehicles per day in 2012. The capacity for this section of Mocksville Highway is
day.
13,800 vehicles per
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 Low Density Residential, which
include traditional low-density subdivision developments and future low-density neighborhoods.
The intent of these lands is that they provide a transition in intensity from rural to more urban uses
and that they maintain a low-density residential character over time. Uses within this area
generally should include single-family residences, accessory dwelling units, churches, parks, and
institutional uses such as schools.
If the property is combined with the Ideal Tractor Company's property the southern portion of
the property will fall into the Rural Commercial designation in the 2030 Horizon Plan. Rural
Commercial areas include existing commercial uses or areas intended for future commercial use
that are located along major roadways in rural areas. The intent of these areas is that they will
remain rural in character for the planning period and will not be serviced by public or private
water and sanitary sewer systems. Land uses appropriate within Rural Commercial areas include
supporting farm services, small-scale commercial uses such as small markets, convenience
stores, small neighborhood service businesses, restaurants, churches, and institutional uses.
Other information to consider is that there are already properties adjacent to this site zoned for
commercial use and zoned straight GB.
The Planning staff can support the proposed rezoning request based on the following: Though the
2030 Horizon Plan calls for this area to be Residential, the southern portion of the property falls in
the Rural Commercial designation which specifically states farm services as a use and this request
is just an expansion of an existing farm services business. Adjacent properties have been rezoned
to GB in the past. This is a conditional zoning request so only limited uses would be allowed and it
is site plan specific so it should have a minimal impact on the adjacent properties. Potential traffic
impacts should not come close to the road capacity.
Public Input Meeting: The public input meeting was held on September 4th at 6:00 pm on site.
Four attendees from the community showed up to hear the proposal and voice their opinion.
Drainage and other potential uses were the main concerns from the public. The applicants stated
that he doesn't intend to add any more impervious area and the uses will be limited to what is on
the application.
SITE REVIEW COMMITTEE: David Aman and Dennis Hutchens visited the site with staff on
September 17, 2014.
PLANNING BOARD ACTION: On October 1, 2014 the Planning Board held a public meeting to
hear this request. One citizen had concerns with the request. The Planning Board voted 9-0 to
recommend approval of this request with the following motion:
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Motion to recommend in favor of the zoning map amendment and to advise that though it is
inconsistent with the Iredell County 2030 Horizon Plan it is reasonable and in the public interest
because the expansion of an existing form services business is in harmony with the surrounding
area, it is consistent with past rezoning cases in the area and the request is conditional and site
plan specific.
Chairman Johnson declared the meeting into a public hearing.
Chairman Johnson announced that the request from the Planning Division to consider a
release of zoning and subdivision jurisdiction for Richard Howard with Langtree Plantation South
had just been withdrawn from the agenda and would not be heard.
Several unidentified citizens from the audience spoke out expressing disappointment in not
being able to speak about their concerns.
County Manager Ron Smith said Mr. Howard withdrew the item in order to conduct a
community meeting to discuss future plans.
Richard Howard stated there had been lots of misinformation and felt it was best to conduct
a meeting with concerned citizens to explain future plans for this property. They are not planning
to rezone, they were asking for a release to provide for curbing, water and sewer. They do not plan
to build condominiums or a motocross. They are trying to preserve the community.
MOTION by Chairman Steve Johnson for this issue not to be on the agenda again before
the first meeting in January, 2015. The Planning staff and Mr. Howard will meet with concerned
citizens and resolve the issues before it is brought back to the board.
VOTING: Ayes — 4; Nays — t (Commissioner Gene Houpe)
Commissioner Gene Houpe stated his concern that the citizens were not given a chance to
voice their opinions.
Chairman Johnson asked Planning Director Matthew Todd to help facilitate a meeting with
the citizens and Mr. Howard.
Todd recommended Mr. Howard gather contact information of citizens as they were
leaving the meeting. He suggested Mr. Howard post the property with information about the
meeting as well.
Request from the Planning Division to Consider a Release of Zoning and Subdivision
Jurisdiction for William Fanjoy with Joy Acres Farm LTD: Planning Division Director
Matthew Todd said this is a release of jurisdiction in the Statesville jurisdiction off Fanjoy Road.
This 184.19 acre tract is called to be employment center/industrial/flex in the land use plan. This
property is being marketed for industrial purposes.
Mary Lou and Wayne Berryhill, Jeff Lambert, Leslie McCoy, Carl Atkin, and Matt
Ashbrenner expressed their concerns about the zoning designation, property values and the effect
on wildlife in the area. They were not opposed to industry but did not want it so close as to block
their view. Other concerns were expressed over increased traffic, empty industrial park buildings,
disabled people living in the area, bicycle paths, drainage, and water runoff.
Todd said the zoning on the property is not changing. This is a release of jurisdiction,
meaning it is being released to the City of Statesville for their control of the zoning. If the property
owner wishes to rezone the property, they must appear before the Statesville's Planning Board and
City Council.
Statesville Regional Development Director Mike Smith spoke in favor of the release
because of the availability to a major highway, rail and significant infrastructure for industrial
options. It is a positive way for growth and the creation of jobs.
Commissioner Ken Robertson asked Mike Smith to address the concern of a new industrial
park as opposed to using other available buildings.
Mike Smith said the Statesville Business Park is almost built out. Other older vacant
buildings just do not meet the needs of industry today. Sometimes it is more expensive to remodel
a building than it is to build new.
Commissioner Robertson asked how many sites were expected on this property.
Mike Smith said it would vary. Generally 50-60% of a site is developable.
Chairman Johnson closed the public hearing.
MOTIO by Commissioner Ken Robertson to approve the request for a release of zoning
and subdivision jurisdiction to the City of Statesville by Joy Acres Farm Ltd.
VOTING: Ayes — 4; Nays — 1 (Commissioner Renee Griffith)
Commissioner Renee Griffith thanked the citizens and expressed appreciation for their
respectful handling of the public meeting. She also suggested that if citizens have questions or
concerns, to not hesitate to contact members of the Board. Contact information can be found on
the County's website.
IREDELL COUNTY DEVELOPMENT SERVICES
Planning Division
PLANNING STAFF REPORT
Release of Zoning & Subdivision Jurisdiction
Staff Project Contact: Rebecca Harper
EXPLANATION OF THE REQUEST
William A. Fanjoy, with Joy Acres Farm LTD, has requested release of the zoning and subdivision
jurisdiction of 184.19 acres on Fanjoy Road to the City of Statesville. The proposed use of the
property is an industrial park.
OWNER/APPLICANT
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OWNER: Joy Acres Farm LTD
216 N. Race Street
Statesville, NC 28677
PROPERTY INFORMATION
LOCATION: Fanjoy Road; more specifically identified as
PIN # 4763073695.
DIRECTIONS: Highway 70 east, left Fanjoy Road, on right
across from Twin Oaks Road.
SURROUNDING LAND USE: This property is surrounded by
residential and industrial uses.
SIZE: The property is a total of 184.19 acres.
EXISTING LAND USE: The tract to be released is currently
vacant.
ZONING HISTORY: This property has been zoned RA since county -wide zoning went into effect in
1990.
OTHER JURISDICTIONAL INFORMATION: This property is located inside Statesville's short range USA
boundary. On September 15, 2014, the City of Statesville City Council agreed to provide utilities to
the 184.19 acre tract. The City of Statesville Planning Director has submitted a letter of
acknowledgement regarding the request. This area is identified in Statesville's Land Development
Plan as industrial.
OTHER SITE CHARACTERISTICS: This property is not located in a water supply watershed.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: In 2012, the average number of vehicles per day on this section of Fanjoy Road was
1,300. The capacity for this section of Fanjoy Road is 11,000 vehicles per day.
SCHOOLS: This property is proposed for industrial development, so there should be no impact on
schools.
STAFF COMMENTS
STAFF COMMENTS: From a Planning perspective, this request meets the criteria for release of
zoning and subdivision jurisdiction. The City Planning staff is in support of this request. The proposed
use of the property fits into the future land use plans for the City of Statesville. The 2030 Horizon
Plan recommends Employment Center-Industrial/Flex/Office uses for this area. The Planning staff
recommends in favor of this request.
Chairman Johnson declared the meeting into a public hearing.
Request from the Planning Division to Consider a Release of Zoning and Subdivision
Jurisdiction for the Town of Mooresville: Planning Division Director Matthew Todd stated this
is a release of jurisdiction. This does not affect the city limits of Mooresville, it is just jurisdiction
for zoning and subdivision development. It does not impact any of the adjacent property but there
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are 87 parcels that will move from the County's jurisdiction to the Town of Mooresville's
jurisdiction. It is approximately 153 acres.
Jack Church expressed concerns about the term "subdivision" and if his property would be
annexed.
Todd said there are no proposed subdivisions at this time. If the property is released, the
Town of Mooresville will have jurisdiction over any rezoning. Any requests for rezoning must be
taken before the Town of Mooresville. This is not an annexation.
Church asked who is more strict, the County or Town of Mooresville. He asked who
determined turn lanes and curbing.
Chairman Johnson said he feels the Town of Mooresville is probably stricter with zoning
conditions.
Todd said there would be a traffic analysis and NCDOT would determine turn lanes and
curbing.
An unnamed citizen expressed concerns over Glory Road and the right-of-way for the
connector road.
Todd said there are no plans for Glory Road. If the release is approved, the owner must
appear before the Town of Mooresville with their plans. Todd said the right-of-way is already
determined and does not affecting Glory Road.
Church asked what the county will receive in return for releasing this property.
Chairman Johnson said there is no direct benefit but there are long term transportation plans
for a direct link from Mazeppa Road and the Mooresville Industrial area to create a thoroughfare
out Cornelius Road and eventually an interchange at I-77. During a recent meeting, Mooresville
had begun the design phase of the connector road and the State has agreed to assist in some
funding. During a recent meeting with DOT, Mr. Holder was encouraged to advance, in the
transportation improvement plan, an interchange at Cornelius Road and 1-77. Mr. Holder felt that
evidence of an on-going relationship and cooperation between the governing jurisdictions would
convince DOT to accelerate this process. However, once you get on the TIP (Transportation
Improvement Plan) it is still several years until anything is funded. Mr. Holder expressed with
some degree of confidence that it could be on the plan by 2019, but that is not binding.
Chairman Johnson closed the public hearing.
MOTION by Commissioner Gene Houpe to approve this request.
VOTING: Ayes — 5; Nays — 0
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IREDELL COUNTY DEVELOPMENT SERVICES
Planning Division
PLANNING STAFF REPORT
Release of Zoning & Subdivision Jurisdiction
Staff Project Contact: Rebecca Harper
EXPLANATION OF THE REQUEST
The Town of Mooresville has requested release of the zoning and
subdivision jurisdiction of approximately 153 acres between
Charlotte Highway and Statesville Highway just north of
Mooresville to the Town of Mooresville. There are 87 parcels (with /
69 owners) located within the boundary as well as the right-of-
way
ight-of way for the proposed connector road. The purpose of the
request is to release land use control of the area surrounding the
connector to the Town. Mooresville has submitted a list of the
requirements with their comments in red text as well as the
minutes from the public meeting held concerning the request.
PROPERTY INFORMATION
LOCATION: Between Charlotte Highway and Statesville Highway, just north of Mooresville's ETJ.
DIRECTIONS: Charlotte Highway south, on the left at Laura Road or Statesville Highway south on
the right before Mazeppa Road.
SURROUNDING LAND USE: This property is surrounded by residential, commercial and industrial
uses.
SIZE: The property is approximately 153 acres.
EXISTING LAND USE: A portion of the property to be released is currently being used for residential
and commercial uses. The majority however is vacant.
ZONING HISTORY: The majority of this property has been zoned RA since county -wide zoning went
into effect in 1990. Various properties within the area were rezoned to commercial districts
between 1985 and 2007.
OTHER JURISDICTIONAL INFORMATION: This property is located inside Mooresville's short range USA
boundary and adjacent to other properties within Mooresville's ETJ. The Town Planning staff has
submitted information related to the requirements in the Land Development Code for municipal
release requests. This area is identified in Mooresville's Comprehensive Land Use Plan as Industrial,
Corridor Mixed Use, and Employment Center Flex/Light Industrial.
OTHER SITE CHARACTERISTICS: This property is located in the Catawba/Lake Norman Protected
Area water supply watershed.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: In 2012, the average number of vehicles per day on this section of Charlotte Highway
was 12,000 and on Statesville Highway was 16,000. The capacity for both Charlotte Highway and
Statesville Highway in this area is 13,800 vehicles per day.
SCHOOLS: This property is located outside of the Mooresville Graded School District. However,
since the proposed use of the property is commercial, there should be no impact on schools.
STAFF COMMENTS
STAFF COMMENTS: From a Planning perspective, this request meets the criteria for release of
zoning and subdivision jurisdiction. The Town Planning staff is in support of this request. The
proposed use of the property fits into the future land use plans for the Town of Mooresville. The
2030 Horizon Plan recommends commercial and industrial uses for this area. The Planning staff
recommends in favor of this request.
Chairman Johnson declared the meeting into a public hearing.
Request from the Planning Division to Consider a Request to Apply the Municipal
Growth Overlay (MGO) along Cornelius Road from I-77 to Charlotte Highway: Planning
Division Director Matthew Todd said this request is to establish an overlay along Cornelius Road.
An overlay is an additional zoning layer on top of the existing zoning. The overlay does not change
any current zoning along Cornelius Road but puts an additional zoning layer on top. With this
there are three requirements proposed in this area of the overlay: 1) If Mooresville requires curb
and gutter, then curb and gutter will be required; 2) if Mooresville requires sidewalks, then
sidewalks will be required; 3) if Mooresville requires storm water control, then that will need to
be followed. Presently there are zonings of residential, commercial and industrial. These areas will
remain what they are currently zoned. The overlay jurisdiction will stay with the County. Any
proposed land development, depending on type, will need to be brought before one or both boards.
Chairman Johnson asked if any property would be rezoned at the present time and if any
zoning jurisdiction was being granted to the Town of Mooresville.
Todd said no, not with this request.
John Kinley asked about the utilities on either side of the road. He referred to past issues
on Williamson Road.
Todd said there is no impact on the right-of-way or utilities.
County Manager Ron Smith said the situation on Williamson Road was different in that
the overlay had a component that reserved the right-of-way to keep development from occurring
within an expanded right-of-way in an effort not to limit or impede DOT.
Commissioner Robertson said the reason for implementing is to put people on notice that
these corridors will be widened.
Kinley said he understood, but feels the overlays have taken the utilities away. Then DOT
says because there are no utilities the land has no value and therefore won't pay for it.
way.
Chairman Johnson asked to clarify that the overlay was actually wider than the right-of-
Smith said yes to accomplish what they wanted at that time.
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Commissioner Robertson asked to clarify that tonight's vote was for the creation of an
MGO, not voting to approve one.
Smith said this would be the approval.
Chairman Johnson asked the width of the overlay.
Todd said this overlay is different from previous overlays. Previous overlays had 200 foot
buffers that followed the road and had approximately 15 different requirements. This overlay has
only three requirements which is the only change. The only thing for tonight is those three
requirements. It doesn't relate to the right-of-way.
Smith said this is completely different from the overlay Mr. Kinley is referring to.
Curtis and Barbara Johnson from Silverlining Road stated their concerns about the value
of their property now and the future. They asked about the time frame of the project and requested
minutes from tonight's meeting.
Chairman Johnson said there was a joint meeting with Mooresville to create an agreement
about the MGO. The public hearing was to hear concerns and, if needed, amend the agreement.
As for development along the corridor and the outlying areas, the market place will determine that.
Business decision between private individuals will determine who wants to buy/sell their property.
Presently there is a lot of property that can be developed residentially by right. What the Board is
trying to do is get ahead of residential development in that area to protect and maintain the integrity
this corridor.
Jason Basinger stated several residents did not receive notification of the meeting tonight
and suggested tabling the decision to another meeting.
Jack Church asked if the overlay would exceed the right-of-way.
Todd said the MGO has nothing to do with the road improvements planned for Cornelius
Road. It does not address the right-of-way of Cornelius. It only addresses the three additional
requirements addressed earlier.
Rodney Hooper asked who would pay for the three additional requirements.
Todd said the requirements would fall upon the developer.
Jeannie Harrington asked for clarification on the process.
Todd said the parcels already developed will not be impacted. It is for new, future
development.
Chairman Johnson closed the public hearing.
MOTION by Commissioner Ken Robertson to recommend in favor of the zoning map
amendments and to advise that it is consistent with the Iredell County 2030 Horizon Plan. It is
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reasonable and in the public interest due to being in harmony with the surrounding area, location
of water and sewer in the area, the construction of the connector, and the future interchange.
VOTING: Ayes — 5; Nays — 0
IREDELL COUNTY DEVELOPMENT SERVICES
Planning Division
PLANNING STAFF REPORT
Proposed Municipal Growth Overlay (MGO)
Staff Project Contact: Rebecca Harper
EXPLANATION OF THE REQUEST
The Planning staff is submitting a request to establish a Municipal Growth Overlay (MGO) along
Cornelius Road from 1-77 to Charlotte Highway. MGO regulations were developed during the
implementation of the Land Development Code in 2011 and is intended to foster a seamless
development pattern between urban and rural uses. Land use decisions and non-residential site
plans will be subject to review by the municipality along with the following regulations being
implemented:
• Developments that occur within an MGO shall meet the required stormwater
management guidelines adopted by the jurisdiction in whose USA the development is
located.
• Sidewalks shall be required for subdivisions and developments that fall within this overlay and
may be constructed to the standards required by the municipality in whose USA the
development is located.
• Curb and gutter may be required for subdivisions and developments that fall within this
overlay and shall be constructed to the standards required by the municipality in whose USA
the development is located.
• New off -premises signs and billboards are expressly prohibited with this overlay district.
The County and the Town have worked together since 2009 to try
to prepare for changes that might occur in this area by
coordinating future land uses in the 2030 Horizon Plan and the
Cornelius Road Small Area Plan. The proposed Cornelius/
Mazeppa connector road, which is slated to be completed by
Julv 2015, has paved the wav for the establishment of the MGO
PROPERTY INFORMATION
LOCATION: Cornelius Road between 1-77 and Charlotte Highway.
DIRECTIONS: Charlotte Highway south, right onto Cornelius Road.
SURROUNDING LAND USE: This property is surrounded by residential, commercial, industrial, and
public park uses.
SIZE: The property is approximately 547 acres.
EXISTING LAND USE: A portion of the property is currently being used for residential uses. The
majority however is vacant.
14
m ,
SURROUNDING LAND USE: This property is surrounded by residential, commercial, industrial, and
public park uses.
SIZE: The property is approximately 547 acres.
EXISTING LAND USE: A portion of the property is currently being used for residential uses. The
majority however is vacant.
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ZONING HISTORY: The majority of this property has been zoned RA since county -wide zoning went
into effect in 1990. The M-1 property was rezoned in 2000. The NB property was zoned in 1990 with
county -wide zoning. The GB property was rezoned in 2006.
OTHER JURISDICTIONAL INFORMATION: A majority of this property is located inside Mooresville's
short range USA boundary and adjacent to other properties within Mooresville's ETJ. This area is
identified in Mooresville's Comprehensive Land Use Plan as Industrial, Corridor Mixed Use, and
Employment Center Flex/Light Industrial.
OTHER SITE CHARACTERISTICS: This property is located in the Catawba/Lake Norman Protected
Area and Critical Area water supply watersheds.
Cornelius Road Joint Informational Meeting
On October 21, 2011, Iredell County and the Town of Mooresville held a joint informational
meeting to discuss planning for the future of the Cornelius Road area. During the meeting, three
main themes recurred throughout the discussion: transportation, property values, and future land
uses. These same issues were submitted with the surveys that were handed out at the meeting.
As a result of the meeting and previous work with the Town Planning staff, the County Planning
staff made a recommendation for the area that should be released into the Town's jurisdiction
and the area that should have a Municipal Growth Overlay applied by the County.
Cornelius Road Joint Informational Meeting
On October 2, 2014, the Town Board of Commissioners and the County Board of Commissioners
held a joint meeting to discuss the future of the Cornelius Road area. Both Boards heard
presentations from County and Town Planning staff regarding the current zoning and future land
use plans adopted by both the Town and the County, the status of the Cornelius Road/Mazeppa
Road connector road and proposed future interchange at 1-77, and the status of water and sewer
services in the area. Based on the information provided at the meeting, the Board of
Commissioners have advised the staff to proceed with the application of the Municipal Growth
Overlay along Cornelius Road.
STAFF & PLANNING BOARD COMMENTS
STAFF COMMENTS: The Town Planning staff is in support of this request. The proposed area is
located mostly within the short range USA boundary for the Town. Existing and possible future
utilities are proposed for this area as well. The coordination of planning efforts in the future land
use plans and transportation plans for this area have played a large role in the development of
this request. The Planning staff recommends in favor of this request.
PLANNING BOARD ACTION: On November 5, 2014 the Planning Board held a public meeting to
hear 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 make a finding that the
request is consistent with the 2030 Horizon Plan, said approval is reasonable and in the public
interest due to being in harmony with the surrounding area, location of wafer and sewer in the
area, the construction of the connector, and the future interchange.
Chairman Johnson recessed the Board meeting for five minutes
***************CONSENT AGENDA***************
15
OTION by Commissioner Renee Griffith to approve the following consent items
(which were discussed during the 5:00 PM briefing session):
ADMINISTRATIVE MATTERS
1. Request from the Health Department to Approve Additions to the Clinical Services
Fee Schedule: Health Director Jane Murray stated the walk-in lab service continues to grow which
means they continue to receive request for tests that are not listed on the fee schedule. These tests
are cash paid up -front.
CPT Code Test Name ICHD Fee
82330PC Calcium, Ionized S18
84466PC Transferrin $lo
2. Request from the Health Department that Any New Fees be Approved by the
Board of Health and then Approved by the Board of Commissioners Annually: Health
Director Jane Murray reiterated the frequent request from local physicians to add tests to the walk-
in lab program. They are requesting the Board of Health continue to approve fees for new programs
and services on an as needed basis with the Board of Commissioners approving the fees annually
as part of the budget process. Any proposed fee adjustments for previously approved fees would
be presented to the Board of Health and Board of Commissioners for approval throughout the
fiscal year. This recommendation was approved by the Board of Health on October 9, 2014.
3. Request from the Health Department for Permission to Write -Off Uncollected
Patient Accounts in the Amount of $46,792.55: Health Director Jane Murray stated these
accounts have had no activity since June 30, 2011. The have sent 30, 60, and 90 day past due letters
and have submitted them to the NC Debt Setoff Program. The Medicaid write-offs are largely due
to billing Medicaid for services which Medicaid did not cover or the patients benefit maximum
had been reached. If someone returns for services and there is an outstanding balance they must
catch it up if there is a signed contract. If there is no contract, 50% is required. However, some
programs have limitations placed by state and federal guidelines.
Write -Off Reauest
SUBPROGRAM
PRIVATE.
PAY
MEDICAID
TOTAL
Child Health
$490.40
$353.00
$843.40
Health Check
$295.20
$96.00
$391.20
Dental Health
$15,95395
53055.00
$19,008.95
Women's Preventive Health Services
510,398.59
54169.88
$14,568.47
Immunizations
51,007.78
5226.00
$1,233.78
Maternal Health
$3,049.00
$7402.03
$10,451.03
Miscellaneous
$150.00
$30.00
$180.00
E idemiolo
$75.72
$40.00
$115.72
Total
$31,420.64
$15,371.91
$46,792.55
4. Request from the Health Department to Approve Proposed Environmental Health
Fee Schedule: Health Director Jane Murray stated all environmental health programs were
evaluated closely for direct and indirect expenses for all services, including salaries, supplies,
16
administrative costs, vehicle depreciation, etc. They are requesting approval of the proposed
Environmental Health fee schedule to be effective January I, 2015.
Commissioner Gene Houpe suggested gathering information from surrounding counties
about the actual costs and take that information to legislators to encourage them to adjust the state
capped fees.
17
Service Current Fee Actual Costs Recommended
New System Permits
Regular Gravity
$500
$390
$500
Regular Pump
$1,210
$550**
$1,200
Fast Track Gravity
$350
$314
$350
Fast Track Pump
$850
$387"
$850
Re -layouts Without Soil Work
Regular
$320
$294
$320
Fast Track
$195
$220
$225
Existing Systems
Regular System Inspection No Change (Check setbacks for
pools, bldgs MH change out, same # of bedrooms)
$150
$260
$250
Fast Track System Inspection
$175
$183
$200
Repair
Repair Evaluation
$60
$276
$0
Repair Permit
$75
$313
$150
Site Revisit Fee Due to Client Error
$100
$191
$100
EH Fee for Refund
$50
$135
$50
Well Program
New Well Permit (Evaluation)
$495
$540
$550
Repair Evaluation
$70
$265
$175
Repair Permit
$100
$276
$200
Repair Permit & Evaluation
$170
Combo/ $541
$350
Well Abandonment Site Visit
$80
1 $265
$175
Well Water Samples
Bacteriological
$55
$236
$200
Inorganic Chemistry
$75
$265
$250
Pesticide/Organic Chemistry
$75
$265
$250
Swimming Pools
Initial Plan Review < 2,000 sq. feet
$200
$410
$350
Initial Plan Review > 2,000 sq. feet
$200
$450
$500
Annual Permit <8 Months Open
$125
$304
$300
Annual Permit >8 Months Open
$200
$442
$350
Site Re -Visit Fee (Outside of Permit)
New Fee
$271
$100
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Tattoo
Plan Review for New Establishment
New Fee
$343
$300
Tattoo Artists Permit
$250
$263
$275
Food Maximum fee is set by legislation)
Restaurant Plan Review
$250
$460
$250 State Capped
Food Stand Plan Review
$150
$263
$250 State Capped
Meat Market
$150
$363
$250 State Capped
Mobile Food Unit
$100
$291
$250 State Capped
Temporary Food Establishment
$75
$282
$75 State Capped
Limited Food Establishment
$75
$282
$75 State Capped
Pushcart Custom Built
$75
$291
$250 State Capped
Renovations
1 $150
$263
$250 State Capped
"Cost does not include maintenance inspections
5. Request from the Department of Social Services to Approve BA #15 to Recognize
Funding in the Family Reunification Program: Department of Social Services Director Yvette
Smith stated they have received an allocation of Family Reunification Funds which was an
increase from projections.
6. Request from the Finance Department to Approve a 3 -Year Consulting Services
Agreement with MGT of America, Inc.: Finance Director Susan Robertson stated it was once
again time to review the consulting agreement with MGT of America, Inc. to prepare the county's
indirect cost plan for the next three years. It is $7,500 annually for three years. The county is
reimbursed about 50% through the social services admin reimbursement. Reporting of indirect
costs is required. There is no increase in fee from the last contract.
7. Request from the Finance Department for Consideration of 2015 Debt Refunding
to Reduce Interest Costs: Finance Director Susan Robertson said they have been monitoring
some of the existing debt and are noticing some significant savings in the 2006 GO bonds. She
said the County is exceeding the 3% required net present value savings which is set by the local
government commission. The request is to engage with bond counsel to move further with a late
February approval by the local government commission.
8. Request from The Public Library to Approve Proposal from Leadership Statesville
for FabLab@NorthTradd at Statesville Library: Library Director Steve Messick stated this
request is for approval for the Library to accept a proposal from Leadership Statesville, the 2015
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Budget Amendment
Fiscal Year 2014-15
BA#15
To appropriate additional funding in the DSS Department
for Family
II/18/2014
Reunitication.
Account#
Current
Chane
Amended
General Fund
104630 450037
Family Reunification (21,597)
(5,167)
(26,764)
105630 555220
Family Reunification 24,267
5,167
29,434
6. Request from the Finance Department to Approve a 3 -Year Consulting Services
Agreement with MGT of America, Inc.: Finance Director Susan Robertson stated it was once
again time to review the consulting agreement with MGT of America, Inc. to prepare the county's
indirect cost plan for the next three years. It is $7,500 annually for three years. The county is
reimbursed about 50% through the social services admin reimbursement. Reporting of indirect
costs is required. There is no increase in fee from the last contract.
7. Request from the Finance Department for Consideration of 2015 Debt Refunding
to Reduce Interest Costs: Finance Director Susan Robertson said they have been monitoring
some of the existing debt and are noticing some significant savings in the 2006 GO bonds. She
said the County is exceeding the 3% required net present value savings which is set by the local
government commission. The request is to engage with bond counsel to move further with a late
February approval by the local government commission.
8. Request from The Public Library to Approve Proposal from Leadership Statesville
for FabLab@NorthTradd at Statesville Library: Library Director Steve Messick stated this
request is for approval for the Library to accept a proposal from Leadership Statesville, the 2015
18
Class, to create a Community Maker Space at the Library. Every leadership class has a community
project. This year they want to create a Community Maker Space, which is an open community
collaborative laboratory. It would include some high tech equipment like smart boards, 3-d
printers, video production equipment, robotics, etc. They would work with community groups,
public school systems, charter schools, home schools, boys/girls clubs, 4-H, etc. who could learn
how to use and experiment with the equipment. This would be a self-supporting program, with
minimum cost to the county. This would be supported through fund-raising with Friends of the
Library and other groups, donations and grants. A lot of the equipment provided can be used for
other purposes. The fund raising would begin after the first of the year with the project unveiling
in May.
Commissioner Ken Robertson asked who would provide the training for this equipment
and who would pay for supplies.
Messick said it would be certified volunteers from the community. He said the on-going
costs for consumables would be paid through fundraising and community donations.
9. Request from the Purchasing & Contracts Office for Surplus Declaration and
Authorization to Dispose of Vehicles: Purchasing Manager Dean Lail said this request is for 18
vehicles to be declared surplus and authorize to sell by GovDeals. Any vehicles that may be used
can be drawn back into the fleet by the fleet manager before the auction.
10. Request from the Purchasing & Contracts Office to Award Contract to Purchase
and Install Patriot Sentinel 911 System: Purchasing Manager Dean Lail said this is a request
from ECOM to purchase a console system upgrade for the Mooresville Police Department.
Mooresville Police Department serves as a back-up to the county's 911 system. The current system
is nearing its end of life in 2015. It will no -longer be supported and must be replaced. The funds
have already been budgeted to replace the switch and will also connect Mooresville to the newer
next generation system that is in the ECOM and Statesville PDs now. Wireless Communications
is the regional provider and the installer for the Patriot System. They are the only vender allowed
to work in our region by the manufacturer. The Board approved, in a previous meeting, Wireless
Communications to install and maintain a current ECOM Patriot switch system. They will provide
five years' worth of maintenance on that system.
ECOM Director David Martin clarified it is not a new switch. They will basically connect
to the current switch. This equipment will be on the Mooresville site to enable ECOM to connect
to the current Patriot 911 switch.
11. Request from Animal Services to Approve Use of $4,958 for 4 -Paws Spay and
Neuter Program: Animal Services Supervisor Rachel Beaudin stated this request is to recognize
money that was raised and donated for the existing 4 -Paws Spay/Neuter Program.
12. Request from Animal Services to Approve Use of $16,568 from PetSmart Grant
to Purchase Collars, Tags, and Temporary Kennels: Animal Services Supervisor Rachel
Beaudin said this request is to approve acceptance of a grant given by PetSmart Charities to
purchase mobilized kennels and a tag machine. These items can be used in different locations.
19
County Manager Ron Smith said Animal Services Director Brad Gates had mentioned they
were talking with and potentially use South Iredell VFD as a staging area to aid in reducing
mileage.
13. Request from Tax Administration for Approval of October's Refunds & Releases.
14. Request for Approval of Minutes for October 21, 2014.
********************END OF CONSENT AGENDA********************
ANNOUNCEMENTS OF VACANCIES OCCURRING ON BOARD & COMMISSIONS
Charlotte Regional Partnership (1 Announcement)
Advisory Committee for Home & Community Care Block Grant (2 Announcements)
Recreation Advisory Committee (4 Announcements)
Zoning Board of Adjustments (3 Announcements)
APPOINTMENTS TO BOARDS AND COMMISSIONS
Animal Grievance Committee (1 Appointment)
Commissioner Renee Griffith nominated Hal Jolly.
OTION by Chairman Johnson to close the floor to nominations and appoint Mr. Jolly
by acclamation.
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT
(None)
NEW BUSINESS
Commissioner Gene Houpe commented about his last night on the Board of
Commissioners serving for former Commissioner David Boone. He thanked all of the
Commissioners and staff for their dedication. He thanked the citizens for being able to serve them.
COUNTY MANAGER'S REPORT
County Manager Ron Smith reported about a very unique exercise performed at the
Emergency Operations Center. Traditional there are exercises for disaster and winter preparedness.
However, this event was a practice Ebola outbreak. Presently there's been a relative small number
of cases in this country but the expense has been great. They went through several scenarios and
Smith said it was the best exercise they have ever had. It proved that Iredell County is prepared
for such an outbreak.
20
Smith reminded the Board that the next meeting of the incumbent board will be Monday,
December 1, at 9:00 AM. The oaths of office will be at 9:30 AM and the organizational meeting
of the new board will be at 10:00 AM.
MOTION by Chairman Steve Johnson to enter into closed session at 8:53 PM, in
accordance with G.S. 143-318.11 (a) (4) Economic Development, G.S. 143-318.11 (a) (5) Property
Acquisition, and G.S. 143-318.11 (a) (6) Personnel.
County Attorney Bill Pope added there will be discussion on the sale of property as well.
VOTING: Ayes — 5; Nays — 0
CLOSED SESSION
MOTION by Chairman Johnson to sell 220 Dingler Avenue, Mooresville, NC, for the
price of $27,500 to Mark and Rebecca Hill according to G.S. 105.376 (c).
VOTING: Ayes — 4; Nays — 1 (Commissioner Ken Robertson)
OTIO by Vice Chairman Marvin Norman to amend an Economic Development
Incentive Agreement with Pate Dawson Company from $9 million to $7 million investment in
Iredell County. The incentive will be $134,241 over a five year period.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Ken Robertson to call for a public hearing on December 2 at
7:00 PM regarding an economic development incentive of $24,328 over a five year period for
Project Garlic based on a $3.3 million investment in Iredell County.
VOTING: Ayes — 5; Nays — 0.
MOT10N by Commissioner Gene Houpe to adjust the salary for Sheriff Elect Darren
Campbell to Grade 82, Step 60 plus a county issued vehicle, effective upon his oath of office.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: OTION by Chairman Johnson at 10:15 PM to recess the meeting
until the next meeting scheduled for Monday, December 1, 2014, 9:00 AM in the Commissioners'
Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approval:
21
Clerk to the Board