HomeMy WebLinkAboutOctober_2_2014_Mooresville_MinutesOctober 2, 2014
IREDELL COUNTY BOARD OF COMMISSIONERS
SPECIAL SESSION MINUTES
October 2, 2014
The Iredell County Board of Commissioners met on Thursday, October 2, 2014, at 6:00
PM, at Holy Trinity Lutheran Church, 225 Morgan Street, Troutman, NC. This was a special joint
meeting with the Mooresville Board of Commissioners.
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, Planning
Director Matthew Todd, Planner Rebecca Harper and Clerk to the Board Retha Gaither.
Mooresville Board of Commissioners and staff present: Mayor Miles Atkins,
Commissioner David Coble, Commissioner Mac Herring, Commissioner Lisa Qualls,
Commissioner Thurman Houston, Commissioner Eddie Dingier, Commissioner Bobby Compton,
Town Manager Erskine Smith, Town Attorney Steve Gambill, Deputy Town Manager of Public
Services Ryan Rase, Senior Planner Craig Culberson, Town Clerk Janet Pope, Senior Engineer
Jonathan Young.
WELCOME: County Manager Ron Smith welcomed everyone and asked Steve Gambill
to lead the invocation.
CALL TO ORDER by Mayor Miles Atkins and Chairman Steve Johnson.
County Manager Ron Smith made a few introductory remarks. He stated this meeting was
called to discuss the Cornelius Road Corridor. The discussion is divided into three parts. First a
conversation about the connector road and land use around that connector; second, a look at
Cornelius Road, Highway 21 to 1-77; and finally, the Mount Mourne sewer line.
John Young began by explaining the proposed connector road which they actually began
planning back in 2008. He explained the present issues with heavy duty traffic. The right of way
has been purchased by the town. The road will be 4,500 LF of new road to connect to existing
Cornelius Road. Mooresville has obtained all necessary permits. The expenditures to date are
$398,691 for design and permitting along with the right of way purchase of $336,282.10. Funding
has been obtained from NCDOT Economic Development, NC House and NC Senate at $750,000.
The remainder, $1,072,075.50, will be in general obligation bonds. The total construction cost will
be $1,822,075.50 and was bided just the week before. The bid will be awarded on Monday,
October 6, with construction beginning October 27 and completed by July 27, 2015.
October 2, 2014
Craig Culberson stated the Town of Mooresville wants to submit an ETJ request in
conjunction with the connector road. The Land Use Plan includes Employment Center Office and
Flex Office space. The Town of Mooresville has provided the County with documentation, and
conducted a neighborhood meeting on Tuesday, September 23 with 19 attendees. Most concerns
were how the property would be affected with taxes and annexation. They feel once the road is
completed it will provide smoother traffic flow, but expect some development requests. The ETJ
will produce a more expeditious process with development requests. The Town does not have any
intent to annex the property, but if there is an individual annexation request it would be handled
on a case by case basis.
Matthew Todd said this is the first ETJ request initiated by the Town of Mooresville. It
will be brought before the Board of Commissioners on October 21 to call for a public hearing on
November 18. The property in question has been in discussion before but things have changed
since 2011. From the previous discussions came the possibility of doing ETJs for certain sections
and also a MGO (Municipal Growth Overlay). It is another zoning layer that is put on top of the
existing zoning. It could have additional requirements and would be different from the base zoning.
This was developed in 2011 with the new land development code. It was meant to assist with a
seamless transition between the jurisdictions. It could apply to Statesville, Troutman, or
Mooresville. The ordinance has also changed toward a more municipal style. The area for a MGO
must be in a USA (Urban Service Area) boundary. Each of the towns in the county identified areas
to Planning that they felt they could get services to within a short term period and/or a long term
period. The Cornelius Road falls within the USA boundaries and MGO is a possibility.
Ken Robertson feels the Cornelius Road will become the de facto 150 bypass.
Steve Johnson stated he assumed there would be limited access to the Cornelius Road in a
land use plan and an ordinance which required interconnectivity between parcels.
Matthew Todd said there will be interconnectivity required and drive way cuts would tie
in with the original land development code. It addresses drive way access, not limiting but has
separation requirements. It should probably be reviewed to ensure it is sufficient for that particular
corridor.
Gene Houpe asked if the MGO is in addition to the base zoning and if it must be developed.
Todd said the MGO is in addition to the base, however, it is in the code but not on the map.
A public hearing is required to put the MGO in place on the map. The County's land use has it
labeled as employment center or corridor commercial. The present zoning is RA but the plan calls
for it to be non-residential.
Mac Herring stated Mooresville's ETJ covers that area and any development would be
guided by Mooresville's guidelines and they would limit residential to the east of Highway 21.This
would be encouraged by Mooresville. This is a commercial corridor and it is crucial for this to be
an economic driver.
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October 2, 2014
Steve Johnson stated standards could be placed to protector the corridor. The issues will be
on parcels that are somewhat removed from that corridor and how much residential and
development will grow/encroach. He feels the 200' MGO will protect the corridor but it will not
protect the corridor from residential encroachment.
Mac Herring suggested requiring residential development to empty onto Highway 21.
Steve Johnson stated his concerns that the land use code could be changed. He feels to fully
protect the corridor it should be extended further than 200'.
Mac Herring stated that expanding it further would discourage residential growth. Another
way to protect the roadway would be for both the County and the Town to adopt a comprehensive
transportation plan for a four lane so as development comes the right of way is built out or
established by the developers.
Ken Robertson said the state will not widen the road. The developers will know they are
setting aside and paying for an extra lane. He suggested to "act" like it is going to be a four lane
road now to avoid future issues.
Steve Johnson said it doesn't matter if you are protecting 2 lanes or 4 lanes if residential
development is allowed to crowd in.
Ryan Rase used one parcel on Blessing Lane as an example. He said 200 feet would not
prevent this large tract from being developed. The large parcels are the most concerning.
Ken Robertson asked about a wide area on Cornelius Road that was not included in the
discussion.
Todd said this area was left out because it is a platted subdivision. It could be included but
would require public hearings.
Robertson suggested the owners know, up front, that living there may not be long term
because of future commercial growth.
Thurman Houston voiced his concern about pushing residential development out after
encouraging citizens to live, work and play in the same area.
Ron Smith said there are two options with the MGO. If the MGO is put in as a buffer, the
property is protected. To protect further than 200 feet, then the entire property should be considered
or there is potential for development on the back sides which will hamstring the Town. This will
bring in non -conforming businesses, etc. There is protection with the buffer but it would be fully
protected with the entire property being included.
Steve Johnson said legislation has changed to prevent abuse but feels this has created too
many barriers for the counties and municipalities to work together to encourage economic
development. He asked if an agreement could be created for areas that have, or will have, utilities
October 2, 2014
with an ETJ. For areas in the foreseeable future, create a mutually agreed upon set of standards,
adopted by both boards that would protect investments but also protect voting citizens. He feels
the MGO does that and supports it. He agrees with Ken Robertson about housing on commercial
corridors which makes it difficult to protect the corridor. They are grandfathered and won't be "run
out" but it could inhibit the action discussed. If the intention is to protect the road and the area, he
feels the 200 feet should be extended. The land use will not drive people from those homes, but
the resulting property taxes will. The commercial development will make the land uniquely
expensive along the corridor.
David Coble asked if the next step would be for the county and town staff to work together
to include all the property along the corridor, establish MGO standards, and then return to each of
the boards for review and consideration.
Ron Smith said the MGO standards are already in the code but not on the map. However,
getting the staffs together would be the logical next step to put this in play.
Lisa Qualls said to be sure to include the 137 acres toward Dorothy Lane.
Ken Robertson believes this type of protection should include the west and far east side of
I-77 that is still within jurisdiction where this connector road will impact.
Matthew Todd clarified that the MGO will not stop residential development. However, it
would make financial sense for a developer to consider the combination of the land use plan and
all of the regulations, before making any residential decisions.
Steve Johnson said his main objective for this meeting was to create an atmosphere to
encourage commercial/industrial/institutional development along that corridor before the
residential developments arrives. This would actually create a tax base to create revenue.
Mayor Atkins asked Lisa Qualls and Ken Robertson to share updates/conversations with
NCDOT about Exit 38.
Lisa Qualls said Mazeppa/Cornelius Road is only part of an ultimate plan. Exit 38 would
be the key to get heavy traffic all the way to I-77. Investments were made in the new business park
which is the key to success for additional commercial uses.
Ken Robertson said the state funding for roads is now formula driven with specific criteria.
Eighty percent of identified road needs will not be funded, only the top twenty percent. However,
the ground work being done now will contribute to placement on the State's list.
Mayor Atkins reiterated the consensus from the Town of Mooresville is to move forward
on a municipal MGO.
Ron Smith said there are two issues — east side of Highway 21 and the west side with the
options of ETJ or MGO.
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Ken Robertson suggested step one — to connect the two northern points and fill in the
section that was not added earlier. Step two — to ask staff to go west of I-77 on Cornelius and south
on Perth which is becoming the Cornelius bypass.
Erskine Smith said step two would be a good long term goal.
Steve Johnson said Mike Holder was adamant that a mutual agreement be drafted as
quickly as possible so he could get it on the list. He said he would like a motion and an approval
from the Iredell County Board of Commissioner to direct the staff to schedule a public hearing the
first meeting in November about the MGO as amended with Robertson's suggestion. He asked if
there was enough time for the staff to present it on October 21.
Ron Smith asked to clarify that the 137 acres that Commissioner Qualls mentioned is
included.
Lisa Qualls said yes, that should be included.
Mayor Atkins asked Ryan Rase about Mike Holder's time frame.
Ryan Rase replied that Holder requested a mutual agreement and the connector road to be
under construction by this time next year to make the case much better in Raleigh. Therefore, to
clarify, at the November meeting the MGO would be established along with the ETJ request.
OTION by Commissioner Renee Griffith to proceed with the MGO and will incorporate
property previously mentioned by Lisa Qualls and suggestions by Ken Robertson.
VOTING: All in favor.
Ron Smith stated the other issue is the active ETJ request that will be brought to the board
on October 21. It will be an introduction and a request for the public hearing. He asked for any
guidance on this issue.
Steve Johnson asked about the type of development expected in that area.
Craig Culberson said the land use plan is for an employment center/office flex/commercial
development which are uses similar to those on Mazappa Road. It is zoned RA but if the ETJ
request is granted it would be established at R2 (2 units per acre) and a development request would
have to go through the Town of Mooresville for a rezoning. One of the things discussed internally
was the possibility of creating an overlay that would increase the minimal lot size for residential
development. Right now it is a half -acre lot.
Mayor Atkins stated that businesses and industry have expressed concerns about the name
of the connector road. They are questioning whether it is called Cornelius or Mazeppa Road and
it could have a financial impact on the business. They would prefer the connector road to be named
Mazeppa Road.
October 2, 2014
Matthew Todd said there may be issues because of addressing. It's possible it could be
West Mazeppa or East Mazeppa. Even with just adding east or west, the business will have to
change their address.
Craig Culberson said, after speaking with Barry Whitesides, that there are five options. But
the only option that doesn't affect anyone existing on Mazeppa or on Cornelius Road is for the
connector section to have a unique name.
Ron Smith suggested talking with Barry Whitesides and EMS to review the options.
Mayor Atkins said he and Chairman Johnson agreed there should be a Commissioner from
both boards to work with planning staff to discuss development issues in this area moving forward.
Mayor Atkins appointed Commissioner Qualls to serve from Mooresville. Chairman Johnson
appointed Commissioner Ken Robertson. These appointees will report back to their respective
boards.
The meeting recessed for twelve minutes.
John Young began the conversation about infrastructure at Mount Mourne. The proposal
is approximately 13,000 LF of new 24" and 30" sanitary sewer outfall to serve the southwestern
end of Iredell County including the Langtree/Alcove Road Corridor. The cost is estimated at
$2,200,000 which was actually bid last year but did not proceed with construction. All permits and
right-of-way purchases are complete. They expected the work to be completed within one year of
date of award. He explained the gravity service area and the forced service area.
Ryan Rase said talks began about six years ago but recently three property owners want to
make this happen. They have been negotiating utility agreements for the past several weeks. They
will probably bring it before the town board on October 20. Segment One is the Mt. Mourne outfall.
Segment Two is a forced main pipe that connects. Segment One will be designed and built by the
Town of Mooresville. Segments Two and Three will be designed and paid by the developers.
Apartments are being built at Exit 31, construction drawings have been submitted for the super
block of hotels. They are focused on trying to get this developed into non-residential/commercial/
employment center for the increased tax base and jobs. The developers have said if the town
approves it in October, the developers will finish the construction drawings and be ready to bid
the project in February 2015. It will take a year to build, but by 2016 Sections Two and Three will
be ready for development.
Erskine Smith said these are two keys area for growth in Mooresville and Iredell County.
This is taking the next step to be strategic for the next 25 years. Some of the take -a -ways from this
meeting is the ETJ release the Town has requested and work on the MGO area. He asked that
everyone study the information for any recommendations that need tweaking. This project is
mainly to be strategic, especially in areas bordered by I-77, Langtree Road, and Highway 115
South. He believes that will be the next high growth employment center. It is believed the next
residential growth will be between Faith Road, Sheers Road, Presbyterian Road and east side of
Highway 115.
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October 2, 2014
Mac Herring asked about the plans for the east -west connector. He understands it is
basically sketched out to Highway 3. As it develops, the Mooresville Comprehensive plan allows
for these areas to be developed and built out. He asked when it would be connected to Highway
115.
Erskine Smith said there is a shopping center at Sheers Road and Rocky River Road and
the plan is to extend the road, at some point, to Langtree Road and eventually over to NC 3.
Steve Johnson said the county's concern is the need for more schools. He asked if
Mooresville would work with the County to stage the development in some way to measure the
ability to supply schools. If Mooresville is willing to regulate that development so it doesn't get to
far ahead, he would be willing to support an idea that the county contribute to water and sewer in
those strategic areas.
Erskine Smith said it is not an unreasonable request but reiterated that you will not be able
to stop residential development. Most of the area in question is controlled by Iredell County.
Mac Herring asked if the Town had authority to control who taps into the lines.
Ken Robertson expressed his concerns of rapid development once water/sewer is available
and the need for additional schools.
Mac Herring asked the possibility of entering into a local agreement to stop all residential
development on this lines for five years.
Ken Robertson asked if it could be connected to capacity of the schools and acceleration
of traffic congestion.
David Coble said they are in no rush to see residential develop in that area. He feels it is
reasonable to explore options around infrastructure and school space to dictate the handling of
growth in that area.
Ken Robertson asked how to make that binding.
David Coble said he feels the legal team could better answer that question. He feels one of
the largest problems in Mooresville and Iredell County is only 9% of Mooresville's population
lives and works in Mooresville. Between the hours of 8:00 and 5:00 a substantial amount of sales
tax is leaving Mooresville. Therefore, he favors the need for jobs and commercial infrastructure to
keep people living, playing, and working in Mooresville.
Steve Johnson expressed his concerns on how to stop the pressure from developers outside
the Section One area from tapping into the out fall. Could a lid be placed on what areas will be
serviced by water and sewer for a period of time?
October 2, 2014
Ken Robertson said developers could build a subdivision faster than the county can build
a high school. He asked how the sewer line could be installed with assurances that it doesn't turn
into a land rush in the future.
Gene Houpe asked if there is a way to limit annexation.
David Coble said Mooresville controls the line and who taps into it. A property owner
would have to apply for annexation and it can be denied at the discretion of the board.
Mac Herring stated if the county would be willing to assist financially to help shift
development priorities maybe a residential moratorium could be placed on the area for five years.
Ken Robertson said he wasn't in favor of writing a check that could put future boards "on -
the -hook."
Thurston Houston stated his board is "on -the -hook" for the $2.5 million to install the line
but then put on hold for tax revenues.
Steve Johnson said the gravity line is cheap sewer. But one pump station could open up
another whole section and he is concerned about rapid growth.
Erskine Smith stated that is why they are thinking it is a 25 year build out.
Commissioner Robertson said all that is being asked is for some assurances of development
control.
Mayor Atkins reiterated the agreement is to have two elected members from each board
work together. The Mooresville Board of Commissioners is receptive to Chairman Johnson's offer
to put something in place that helps phase in that development. He suggested Commissioner Qualls
along with another Commissioner work with members of the Iredell County Board to create a
mutual agreement and present it at a future time. The key conveyance, employment center and job
creation, is the urgency of moving this project forward. However, there will be unintended
consequences as a result of moving forward. The Mooresville Board is mindful and will work to
protect the County's interest.
Chairman Johnson hopes that all agree the Langtree Service Area will bring revenue but
the gravity service area will not. Therefore, it is desirable not to expand the gravity area so much
that is takes all the revenue generated by the Langtree area.
Commissioner Qualls said it depends on the County because it is county property and will
require a lease to get utilities.
Commissioner Griffith said the investment is not the same for both sides. At some point
the Town's investment of $2 million will begin to make a profit. However, the County's
investment of $32 million in schools will always be a continued investment. This needs to be
reviewed together. It is education that needs to be planned well, with standards and quality.
October 2, 2014
Chairman Johnson stated this is a huge step forward in that both sides are aware of the
situation and are able to meet/work together.
Commissioner Robertson said there are questions... how do we do this so that the plan is
still in place four years from now.
Town Manager Erskine Smith said he didn't believe they could bind future boards.
Commissioner Robertson said they could be bound in debt.
David Coble believes it should be researched legally for options.
Commissioner Robertson asked if the County owned part of the line, could they reserve
the right of who can tap into it.
Chairman Johnson suggested any participation in water/sewer should be limited to the
development of commercial corridors. He does not want to invest in water/sewer merely to stall
other development. He does not want to participate in water/sewer just to dictate how or what to
do with assets. He feels it would be better to help facilitate a tax base and willing to express that
in good faith. The Mooresville Board is concerned about residential encroachment as much as the
Iredell Board.
Ryan Rase said water stops on Highway 115 at Pine Lake Prep. If the Town doesn't extend
the water it would deter development, which is a possibility.
Chairman Johnson suggested to research legally what can be done.
Town Manager Erskine Smith said the County knows, over the next 20-25 years, new
schools will be needed because of the growth in the region. So far the growth has kept up with the
county's growth in the southern end. He feels Mooresville's growth is good for the next 25-30
years, but then the growth will move up to Troutman and then to Statesville.
Commissioner Robertson expressed his pleasure in this joint meeting and collaboration.
However, he is concerned about future boards.
Chairman Johnson expressed his appreciation to have this type of discussion.
Mayor Atkins agreed and thanked the staff from the Town and the County for a great job.
A member of the Mooresville staff encouraged all staff to continue to study all corridors
because of congestion. The strategic transportation plan needs to include instruction on how to
mitigate this going forwarded.
Motion was made by a Mooresville Commissioner to adjourn, with a second, and all were
in favor.
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October 2, 2014
Chairman Johnson mentioned the MGO, as far as setting up the land use, if there is to be
any changes in the intended land use in the MGO, he feels it should be mutually agreed upon by
both boards. The County should not make a decision unilaterally without advice from the
Mooresville Board.
Todd said the MGO requires a statement of consistency from the Town.
Chairman Johnson asked Mayor Atkins to make sure the Mooresville Board knows if there
are any changes.
Mayor Atkins agreed.
ADJOURNMENT: MOTION by Commissioner Gene Houpe to adjourn at 8:30 PM.
Approval:
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Clerk to the Board