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HomeMy WebLinkAboutSeptember_2_2014_Regular_MinutesSeptember 12014 IREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES September 2, 2014 The Iredell County Board of Commissioners met Tuesday, September 2, 2014, at 5:00 PM, in the Iredell County Government Center (South Wing Conference 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, Planning Director Matthew Todd, Planner Andrew Ventresca, Tax Assessor Melia Miller, Present Use Value Specialist Laura Eagle, Commercial Property Appraiser Andy Alexander, Appraisal Supervisor Fran Elliott, Retiree/Part-Time Appraiser Jimmy Deaton, Real Property Manager Judy Lowtharpe, and Clerk to the Board Retha Gaither. Call to Order by Chairman Steve Johnson. He expressed his appreciation for the hard work of the Tax Assessor's office. He turned the meeting over to County Manager Ron Smith. Smith stated this meeting was called to give ample time to review the Uniform Schedules of Values, Standards, and Rules for 2015 Reappraisal. He expressed his appreciation for the hard work during the process and preparation of this information. Smith turned the meeting over to Tax Assessor Melia Miller. Miller stated her gratitude for the kind words and introduced members of the Tax Assessor's office in attendance. She reviewed the 2015 Schedules of Values, Standards, and Rules with the Board. According to G.S. 105-286 it is required to have a general revaluation of real property at least every 8 years. G.S. 105-286 (a) (3) allows a local Board of County Commissioners to conduct revaluations more frequently, which is every four years. The primary purpose of a reappraisal is to equalize the tax base. Real property is reappraised every four years. Personal property, motor vehicles and public service properties are reappraised annually. In 2015, the Tax Assessor's office will reappraise approximately 93,870 parcels. As required by G.S. 105-317, the schedules must be reviewed and approved by the Board of Commissioners before the Tax Assessor may complete the 2015 revaluation. It must be sufficiently detailed to enable those making appraisals to adhere to the schedules in appraising real property. The Schedules of Values include numerous valuation tables and ranges essentially driven by CAMA (Computer Assisted Mass Appraisal), valuation standards to insure uniformity and equity, and rules to insure uniformity and equity. Commissioner Ken Robertson asked what other counties have CAMA. Miller said all 100 counties have a CAMA system but may use different vendors. Iredell County uses Bitek which is a commonly used software. It is used in Cabarrus and Davie County. September 2, 2014 Miller said the Schedules of Values are adopted for each reappraisal and do not change until the next reappraisal. The Tax Office will use the adopted Schedules of Values to value all properties from 2015 through 2018 even if the market conditions change. Smith asked who is on the Use -Value Advisory Committee. Miller said they placed a list of members in the book. The Chairman is Dr. Zoe Zublena, Associate Dean/Director of NC Cooperative Extension; Mr. Sean Brogan, Director of Forest Management/Forest Development; Dr. Fletcher Barber, Associate Administrator of NC Cooperative Extension; Ms. Tina Hlabse, General Counsel; Mr. Julian Philpott, Secretary/General Counsel; Mr. Stan Duncan, Henderson County Assessor; Mr. David Baker, Director of Local Government Division; Mr. Dan Hunsucker, Catawba County Commissioner; Mr. Frank Rackley, Interim Executive VP of NC Forestry Association. The Pictometry program has been an essential and efficient tool. Judy Lowtharpe explained how it has been incorporated into the software. With Pictometry they are able to review property from the office and actually see so much more than what they can see from a street view. The aerial actually has five views — north, south, east, west and bird's eye. This program allows zooming in to make determinations/confirmations on items such as outbuildings and basements. Commissioner Renee Griffith asked how often the pictures are updated. Lowtharpe said every two years. She said this program can also give locations of underground utilities, gas lines, power lines, etc., which are sometimes needed by emergency response teams. This program allows progressive work even in bad weather. Commissioner Griffith asked if this software could assist Planning and Zoning. Planning Director Matthew Todd said yes. They trained on the program and are using it. Smith said it is so much more efficient, especially with the excellent view of violations. Miller said the reappraisal will be done in-house by certified employees of the Tax Assessor's office. Commissioner Gene Houpe asked if the tax payer information includes the market value. Miller said yes. They will receive a notice of value with instructions on how to appeal if they choose to. Tax payers always have a right to appeal with valid reasons. There will be a form to complete and return to the tax office. There will also be an electronic form located on the county's web site. A staff member will review the records and information then a new notice will be mailed. 2 September 2, 2014 Commissioner Griffith asked how long it takes for the selling price in a neighborhood to catch up with a change in the value of the property. If several homes, in a neighborhood, sell below tax value, will that, at some point, impact the assessed value of the property? Miller said they use the most recent sale numbers available which is from 2013 and 2014. Sale prices are beginning to rise. They conduct sale ratios every year from the Department of Revenue which can help determine the assessed value to sale prices. Miller reviewed the timetable which states that the Board will accept the schedule during the regular session tonight. The public hearing will be scheduled for October 7 with the adoption on October 21. Chairman Johnson asked if a field trip is required if discrepancies are found between the tax card and the Pictometry image. Lowtharpe said sometimes. Pictometry has zooming tools they can use to look at the property closer. However, if the property is heavily shaded the image may not be plain which means they have to physically go to the property. Commissioner Ken Robertson asked Miller for her best guess of the average home value. Miller said that is a very hard question. She is seeing an increase in sales but not a tremendous increase in values. Miller briefly reviewed the manual with the Board. A copy of the schedule will be available for public inspection at the Assessor's Office, Iredell Public Libraries and on the County website. Chairman Johnson asked for clarification about depreciation when a new roof is installed and the assessed value increases. Appraiser Jimmy Deaton said if a house, built in 1995, is depreciated 20 years, but a new roof is installed today that house would then be aged from 1998 instead of 1995. The new roof is adding life to the house, therefore increasing the effective age. Miller stated the Department of Revenue has issued the 2015 Use Value Manual for Agriculture, Horticulture, and Forest Land. Their recommendation is based on cash rent studies, however, the last rent study was done in 2009. There has been no funding for another study. Therefore, the suggested values haven't really changed. Chairman Johnson asked if the Department of Revenue was aware that waiting this long between studies will mean quite a blow to tax payers. Miller said they are frustrated but there's just no funds for another study. Chairman Johnson asked about the cap rate which is 6.5%. He feels local governments should have the ability to adjust the cap rate, because of the length of time between studies. September 2, 2014 Commissioner Robertson commented that the number of acreage in current use is increasing. He asked if that increase is the result of people taking advantage of the program or because more people are engaging in agriculture. Present Use Value Specialist Laura Eagle said there are some of both. Pictometry has aided in showing actual agriculture production and forestry. Miller said many farmers already in the program are purchasing additional agriculture properties. Chairman Johnson asked why farmers are being asked to get a new sales exemption number. Miller said she is not sure. Commissioner Robertson said the change went from the number of acres in production to amount of receipts. He feels the rules for present use are fair. Smith stated this meeting was also a good opportunity to talk about policy/standards/philosophy on ETJ requests around the Town of Mooresville, which has become more and more prevalent. Chairman Johnson believes the Board is willing to participate with the Town of Mooresville on ETJ and willing to participate on extending utilities down commercial corridors to create a tax base which will help them pay for services necessary for projects and our level to build schools but feels the level of cooperation should be equally proportioned. Planning Director Matthew Todd said there must be documentation to secure water and sewer when a property requests the ETJ. Mooresville has been annexing the ETJs, but their policy only allows annexation once a year. Statesville's policy allows annexations when it becomes necessary. Commissioner Griffith asked when Mooresville does the annexations. Todd said applications must be in by February and then become effective on July 1. Commissioner Houpe asked which policy works better. Todd said the work isn't the issue, it is more of a directional concern when certain roads are already at capacity but not scheduled to be upgraded for another 20-25 years. Commissioner Griffith asked how effective a denial of an ETJ would be. Chairman Johnson said denial just slows down the process. Smith said Planning Staff makes recommendations for releases even when they know it is going on a road already at capacity which may contribute to a new high school, etc. 4 September 2, 2014 Commissioner Griffith asked why it is being recommended for release. Smith said the ordinances do not address this issue. Commissioner Griffith asked to clarify that it is up to the Board to ask the questions. Smith said yes. Commissioner Robertson said the fact is that when someone purchases property, the Board cannot stop them from developing it just because the state hasn't widened the road. The Perth Road plan states minimum lot size to reduce the density in that area. Commissioner Houpe asked what options are available to the board. Smith said there needs to be a more seamless approach with the Town of Mooresville on what they anticipate. If our plan says 2 units per acre in the watershed, we don't anticipate, nor does the schools anticipate, four, five, or six units per acre which is what could happen in Mooresville. Commissioner Robertson said the two tax rates makes a difference in who profits and who doesn't. Chairman Johnson stated it would be advantageous for both parties to develop an atmosphere/relationship along major corridors to extend utilities whereby commercial and industrial growth is created. There needs to be a unified development ordinance that could only be amended by both parties, therefore, protecting the integrity of the corridor, the investment, and the opportunity for the tax base to pay for services. Smith stated a joint meeting is planned for October 2 to discuss this subject further. Todd said they monitor and keep up to date with changes made in the land -use plan. These changes are brought before the board. Commissioner Houpe asked if a committee is needed to keep up with these changes. Commissioner Griffith said the conversation needs to begin between all parties. Todd said it is a tough situation. Everything is covered in the staff reports. Chairman Johnson asked if it would be helpful for the Planning Division to have an objective set of standards to base staff recommendations. Commissioner Houpe asked the staff to prepare information before the October 2 meeting. Smith said he would meet with the Planning Department to work on something. The Board recessed at 6:30 p.m. September 2, 2014 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES September 2, 2014 The Iredell County Board of Commissioners met Tuesday, September 2, 2014, at 7:00 PM, in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. CALL TO ORDER by Chairman Steve Johnson INVOCATION by Commissioner Renee Griffith PLEDGE OF ALLEGIANCE led by Chairman Johnson ADJUSTMENTS OF THE AGENDA: None MOTION by Vice Chairman Marvin Norman to adopt the agenda as presented. VOTING: Ayes — 5; Nays — 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Proclamation to Announce October 2014 as Domestic Violence Awareness Month: Chairman Steve Johnson stated he will present a Proclamation to announce October 2014 as Domestic Violence Awareness Month. He introduced Captain Dan Miglin of the Statesville Police Department, Ms. Pam Navey from Statesville Police Department, Patti Wiley from My Sister's House, Patty West, Fifth Street Ministries and Atrie Wooten, Domestic Violence Specialist, who are all involved with domestic violence in varies ways. Chairman Johnson read the following Proclamation... Domestic Violence Awareness Month Proclamation The problem of domestic violence directly affects many citizens of Iredell County, North Carolina. Domestic violence is a very serious crime that affects people of all races, ages, gender, and income levels. Its effects are widespread and has an impact on over 4 million Americans each year. It is estimated that one in three Americans have witnessed an incident of domestic violence. Statistics prove that children who grow up in violent homes are abused and neglected at a rate higher than the national average. Domestic violence costs the nation billions of dollars annually in medical expense, police and court costs, shelters, foster care, sick leave, absenteeism and non - productivity. It is devastating to our society as a whole, but especially to the victims and their children. Iredell County is fortunate to have an organization and a shelter dedicated to helping women who suffer from physical, emotional, sexual, psychological and economic control and/or abuse. My Sister's House, a program of Fifth Street Ministries, has provided shelter, counseling, victim advocacy and hope to thousands of victims seeking help over the last 25 years. This organization has an excellent working relationship with the governments of Iredell County, Mooresville, Statesville and Troutman, and their respective law enforcement agencies. My Sister's House has formed important partnerships among criminal justice agencies, healthcare providers, and professional and service agencies to assist victims of domestic violence and their families. A coordinated community effort will stop this heinous crime. The Domestic Violence Task Force of Iredell 6 September 2.2014 is a multidiscipline, coordinated, community collaborative of more than fifty organizations and stakeholders brought together for the purpose of increasing awareness of domestic violence in our community; improving the efficiency and coordination of domestic violence response by partnering organizations; increasing the safety and resolve of victims and improving their access to related services, increasing offender accountability and reducing recidivism; and reducing the exposure of children to domestic violence. Domestic Violence Awareness Month provides an excellent opportunity for citizens to learn more about preventing domestic violence and to show support for the numerous organizations and individuals who provide critical advocacy, services and assistance to victims. THEREFORE, I, Stephen Johnson, pledge the support of the Board of County Commissioners to do a better job of educating, connecting and inspiring this community to end domestic violence in Iredell County. Not only do we proclaim October 2014 as Domestic Violence Awareness Month, we also urge all citizens to join us in working together every day throughout the year. APPOINTMENTS BEFORE THE BOARD (None) PUBLIC HEARINGS Chairman Steve Johnson declared the meeting in a Public Hearing. Request from Scott Thorson with BMCH North Carolina, LLC, to Release Zoning and Subdivision Jurisdiction to the Town of Mooresville: Planning Director Matthew Todd stated this property is located on Rocky River Road. The area surrounding the property was released in 2013. The request is for this adjacent .4 acres to be released for access to the other property. This area is rural commercial. No one from the public spoke. Chairman Johnson closed the public hearing. MOTION by Commissioner Ken Robertson to release the zoning jurisdiction to the Town of Mooresville. VOTING: Ayes — 5; Nays — 0 IREDELL COUNTY DEVELOPMENT SERVICES Planning Division PLANNING STAFF REPORT Release of Zoning & Subdivision Jurisdiction Staff Project Contact: Rebecca Harper EXPLANATION OF THE REQUEST Scott Thorson, with BMCH North Carolina LLC, has requested release of the zoning and subdivision jurisdiction of .48 acres to the Town of Mooresville. The applicant is proposing to combine the lot with the adjoining tract that was released to the Town of Mooresville on September 17, 2013. The September 2.2014 proposed use of the property is a 114 -lot subdivision, with this lot being used primarily for the subdivision entrance. OWNER/APPLICANT OWNER: BMCH North Carolina LLC 5500 Centerview Drive, Suite 115 Raleigh, NC 27606 PROPERTY INFORMATION LOCATION: Johnson Dairy Road next to 123 Johnson Dairy Road; more specifically identified as PIN # 4665455095. DIRECTIONS: Hwy 3 south, right Johnson Dairy Road, near the end at Shearer Road. SURROUNDING LAND USE: This property is surrounded by residential and commercial uses. SIZE: The property is .48 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 Mooresville's short range USA boundary. On August 5, 2013, the Town of Mooresville Board of Commissioners approved water and sewer extension to the property, but due to town policy, the property will not be considered for annexation in June 2014. The Town Planning staff has submitted a letter of acknowledgement regarding the request and is in support of the request. This area is proposed for neighborhood residential development in the Comprehensive Land Use Plan adopted by the Town of Mooresville. OTHER SITE CHARACTERISTICS: This property is not located in a water supply watershed. IMPACTS ON LOCAL INFRASTRUCTURE Al FACILITES TRAFFIC: In 2012, the average number of vehicles per day on this section of Johnson Dairy Road was 5,300. The capacity for this section of Johnson Dairy Road is 11,000 vehicles per day. SCHOOLS: This property is located inside the Mooresville Graded School District boundary and would be served by Rocky River Elementary, Mooresville Intermediate, and Mooresville Senior High. STAFF COMMENTS September 2.2014 STAFF COMMENTS: From a Planning perspective, this request meets the criteria for release of zoning and subdivision jurisdiction. The property is to be combined with the adjoining tract that was released to the Town of Mooresville on September 17, 2013 and will primarily be used for the subdivision entrance. The property is identified for future neighborhood residential uses in the Town of Mooresville's comprehensive plan. The Town Planning staff has recommended in favor of this request. The Planning staff recommends in favor of this request. Chairman Johnson declared the meeting into a Public Hearing. Request (Case #1408-1) from John Reagan to Rezone 2.10 Acres at 2089 Mecklenburg Highway in Davidson, from RA to NB: Planning Director Matthew Todd said this property is located on the southern border of Iredell County. It is currently zoned RA and the request is for straight NB. The staff supports this request because the property was previously commercial use. It is a main corridor. The adjacent municipalities do not object to the rezoning. The potential traffic impact should not come close to the road capacity. This business would have been grandfathered in originally, however, several years ago there was an expansion of a non -conforming use, which was started but not finished because of the decline in the economy. After time passed they lost the non -conforming status and the only way to make this property usable is to rezone to a commercial district. Commissioner Ken Robertson asked the intended use of the land. Todd said he believes they are considering a restaurant. No one from the public spoke. Chairman Johnson closed the public hearing. MOTION by Commissioner Gene Houpe in favor of the rezoning map amendment and to make a finding that though the request is inconsistent with the 2030 Horizon Plan, said approval is reasonable and in the public interest based on how the property has been used since prior to the adoption of countywide zoning, its location along a major corridor and its conformity with Davidson's future land use for the property directly across Mecklenburg Highway; as a result, said approval furthers the goals and objectives of the 2030 Horizon Plan. VOTING: Ayes — 5; Nays — 0 IREDELL COUNTY DEVELOPMENT SERVICES PLANNING DIVISION PLANNING STAFF REPORT REZONING CASE # 1408-1 STAFF PROJECT CONTACT: Andrew Ventresca EXPLANATION OF THE REQUEST This is a request to rezone 2.10 acres on Mecklenburg Highway in Davidson from RA, Residential Agricultural to NB, Neighborhood Business. This is a straight rezoning request and therefore, all uses 9 September 2, 2014 as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. OWNER/APPLICANT OWNER/APPLICANT: The Old Grill, Inc./John Reagan PROPERTY INFORMATION LOCATION: 2089 Mecklenburg Highway; more specifically identified as PIN 4654-35-0730.000. DIRECTIONS: NC 115 South (Mecklenburg Highway) south towards Mecklenburg County; site is the last property on the left before entering Mecklenburg County. SURROUNDING LAND USE: The properties to the north are residential and vacant, to the south it is single and multi -family residential, the east is vacant and Ingersoll Rand is located to the west. SIZE: The property is approximately 3.4 acres, of which 2.1 acres is located in Iredell County and 1.3 is located in the Mecklenburg County. Only the 2.1 acres in Iredell County is proposed for rezoning. EXISTING LAND USE: The property has a commercial structure that is currently vacant. ZONING HISTORY: The property has been zoned RA since county -wide zoning in 1990. In 2006 the property was approved for an expansion of a non -conforming use to add 3000 sgft to a restaurant that was in operation at the time. The property has since been vacant for over 12 months and has lost its legal non -conforming use status and is only able be used as what is allowed in the RA zoning district of table 2.2.1 in the LDC. OTHER JURISDICTIONAL INFORMATION: This property is located within Mooresville's Long Range Service Area. The Town's Long Range Plan calls for the property to be medium density residential. However, with the location on a major corridor and the existing commercial / "'( _,U J structure located on the property, Town staff is not opposed to the request. The southern 1.3 acres of the property is located in the Town of Davidson's Jurisdiction and zoned Rural Planning Area which its intent is to preserve open space. After meeting with the Town of Davidson, Davidson staff is not opposed to the request. OTHER SITE CHARACTERISTICS: This property is not located in a flood hazard area or Watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES 10 September 12014 TRAFFIC: The closest traffic count is just to the north on Mecklenburg Highway and had a 2012 count of 10,000 vehicle trips per day. The capacity for this section of Mecklenburg Highway is 13,800 vehicles per day. SCHOOLS: Because this is a commercial rezoning, there should be no implications on local schools. FIRE MARSHAL: This proposal has been reviewed by the Fire Marshal. They have no issues with the proposal. EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. UTILITIES: To staffs knowledge no public water or sewer service is available to the site. 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 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 character over time. Uses within this area generally should include single-family residences, accessory dwelling units, churches, parks and institutional uses such as schools. The proposed NB district does not fit into the Low Density Residential designation. The Town of Davidson has jurisdiction to the immediate west and south of the subject property. The area to the west is designated as Village Area Growth Reserve with an Employment Center Designation and is zoned Lake Shore. Both current zoning and future plans have the area as a mixed use district. Ingersoll Rand is also located in this area. The area to the south is designated as Rural Reserve and is zoned the same. These are rural areas set aside for recreation and conservational uses. Other information to consider is that the structure has been vacant over one-year which means it has lost its legal non -conforming status. This limits any commercial activity at the site to the few uses allowed in the RA zoning district. The Planning staff can support the proposed rezoning request based on the following: The existing structure has been commercial since the adoption of countywide zoning. The site is located on a major thoroughfare. The area to the west is designated as a mixed-use area in the Town of Davidson's future land use plan. The Towns of Mooresville and Davidson have no problems with the site being zoned to Neighborhood Business, and potential traffic impacts should not come close to the road capacity. SITE REVIEW COMMITTEE: David Aman, Dennis Hutchens and Jerry Santoni visited the site with staff on July 23rd. ll September 12014 PLANNING BOARD ACTION: On August 6, 2014 the Planning Board held a public meeting to hear this request. No one spoke out in opposition to the request. The Planning Board voted 5-0 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 though the request is inconsistent with the 2030 Horizon Plan, said approval is reasonable and the public interest due to being in harmony with the surrounding area. Chairman Johnson declared the meeting into a public hearing Request from the Planning Division Staff for Text Amendments to the Land Development Code: Planning Director Matthew Todd stated the Land Development Code has had a section that specifically spells out ABC sells for on -premise consumption that grouped it together with bars. This has been an issue and is misleading. This section is really to regulate bars and not for all on -premise consumption, which is what most restaurants are considered. The text has been edited to match the State ABC Licensing Board. Existing text that is hold and Iffith Orike through is text to be removed. Text in red and underlined is new text to be added. STAFF COMMENTS The purpose of this amendment is determining what role local government plays in the issuance of permits related to alcohol sales in North Carolina. This is being done as a result of an inquiry by the Board of Commissioner in 2013. The State of North Carolina regulates all issues and permits relating to alcohol sales in the state. The ABC Commission gives notice to local governments and allows any local government objection to be considered prior to the issuance of any ABC permit. Factors that the ABC Commission may consider include; existing permits in the area, parking and traffic, the existing businesses in the area, proximity of school and churches, zoning and potential detriment to the area. However, local government objection is not a determining factor upon issuance of these permits. Also the state is responsible for investigating any alcohol sales percentage requirements. Since this is out of Planning Staffs authority, staff is recommending changing the definition of restaurant and bar to match the States definition. Also, currently in the use table the language of "ABC Sales for On Premises Consumption, Bars" is misleading and confusing for enforcement and interpretation. It leads one to believe that unless the definition of a bar is met, no on premises alcohol sales are to be allowed. Many restaurants and even some fast food style chains offer on premises alcohol sales and do not meet the definition of a bar. Since the county cannot regulate what products are sold at these establishments, staff is recommending removing the "ABC Sales for On Premises Consumption" to eliminate any confusion. PROPOSED TEXT AMENDMENT R 38 ear Sales for On Premises Consumption; Bars A. Property Separation 12 September 2, 2014 No such establishment shall be located within 200 feet of a church, elementary or secondary school, public park, or residentially zoned property. B. Frontage The main entrance of the building shall be toward property zoned for nonresidential uses. C. Parking Parking Areas related to the establishment shall be located no closer than thirty (30) feet to the property line of abutting residentially zoned property. Chapter 16 Definitions Bar A drinking establishment where alcoholic beverages are served and consumed on the premises. When food is also served on premises, the sale of alcoholic beverages represent more than fifty perc�.«nt-(o0 0) food must represent less than thirty percent (30%) of the facilities total sales to be considered a bar. (See Chapter 3, R 38). Restaurant An eating establishment where food, with or without alcoholic beverages, is served and consumed on premises. When alcoholic beverages are also served, the sale of food muss represent afore than thirty percent (30%) or more of the facilities total sales. Section 2.21.3 Commercial Uses USES AC RA RUR RR R20 R12 R8 RO 01 NB HB GB M1 M2 R ABC Sales f.,io mon•• Dn Premoses ; Bars R R 38 Todd said the next section deals with parking lot landscaping. This section is intended for uses that are allowed in residential districts, such as a church. Churches are allowed in residential districts but have a lot of commercial aspects in the parking and traffic. The code to address that added a requirement to buffer the parking lot. However, issues arose when a church was adjacent to a large corn field. The buffer requirement did not make sense in that case. The text has been edited to deal with such issues. Commissioner Ken Robertson asked what happens when the corn field surrounding the church is sold and developed into a subdivision. Todd said the philosophy is that the church is pre-existing and the new property owner will purchase knowing the church is there. Of the proposed language to be added to the Land Development Code, text in red and underlined was reviewed at the May 61h Planning Board meeting. Text that is strike through is proposed to be removed. STAFF COMMENTS The Iredell County Land Development Code went into effect in July 2011. As part of the amendments at that time, the parking lot landscaping section included new requirements for parking lot screening. This applies to uses that are permitted in residential districts and do not 13 September 2.2014 require the buffering for the adjoining residential properties that commercial properties require. The parking lot screening protects adjoining residential properties from the lights on cars in these parking lots. Due to the economy, we have not had to enforce this standard until recently, at which time an unforeseen issue has arisen. The requirement that the plants be 3 feet in height when planted is a problem because landscapers are telling us that it is hard to find shrubs at the height. The staff would like to propose the following amendment to allow a little more flexibility in working with the landscapers. The staff is also proposing language that would eliminate unnecessary screening by limiting when the screening is required. PROPOSED TEXT AMENDMENT Parking Lot Landscaping A. In any Zoning District where parking spaces for twenty-five (25) cars are required or provided for a use or uses on a site, the parking lot shall be landscaped with canopy trees as required by this Section at the rate shown below. This requirement shall be initiated by the initial use or development of the property. In addition, in any case where ten (10) parking spaces are added to an existing development, whether required or not, the entire parking lot including existing parking areas shall be landscaped if the total on the site then equals twenty-five (25) or more. B. Canopy trees shall be provided at a rate of one (1) canopy tree for each twelve (12) spaces. Required canopy trees shall be distributed throughout the parking area and shall be located within or adjacent to parking lots as tree islands, at the end of parking bays, inside medians or between rows of parking spaces. In no instance shall canopy trees required in this section be located more than ten (10) feet from the parking area. Canopy trees must be a minimum of six (6) feet high and one (1) inch in diameter, measured six (6) inches above grade at planting. C. Parking lots for uses permitted in residential districts that adjoin any lot zoned for residential are located within 200 feet of a lot used for residential purposes are required to provide a ten (10) foot landscaping buffer with a continuous screen. This includes parking lots where the property is zoned residential across a road right-of-way. The screen shall consist of evergreen shrubs that are a minimum of eighteen (18) inches three(3) feet high when planted and will grow to at least four (4) feet high at maturity. Where an existing buffer area exists, further planting and/or improvements shall not be required, provided said buffer area contains adequate and sufficient materials to meet the requirements of this Ordinance. If the buffer area is deficient, the developer shall make needed improvements and/or additions to satisfy the buffering requirements and intent of this Ordinance. Todd said the next section deals with the Board of Adjustment. The General Assembly changed some things with the way the Board operates. One item is that a public notice in the paper is no longer required. The adjacent property owners are still notified. The filing procedure requires the application to be filed with the Clerk to the Board of Commissioners and not to the Planning Office. It addresses a few other items as well. STAFF COMMENTS 14 September 12014 In June 2011, the North Carolina General Assembly passed House Bill 276 in order to clarify the statutes governing the Board of Adjustment. As a result, changes were required to the Board of Adjustment section of the Land Development Code related to voting, notices, appeals, and variance standards. PROPOSED TEXT AMENDMENT Section 25.1.5 meetings A. Regular Meetings Regular meetings of the Board shall be held on the third Thursday of each month at 7:00 p.m. in the Commissioners Meeting Room in the Iredell County Government Center (Old Courthouse), 200 S. Center Street, Statesville, North Carolina. Provided that the meeting be held at any other convenient time and/or place in the county, when business needs to be acted upon; if directed by the chairman in advance of the meeting. B. Special Meetings Special meetings of the Board may be called at any time by the chairman. A written notice of the time and place of the special meeting shall be delivered by the clerk to each Board member at least forty-eight (48) hours prior to the scheduled meeting. 11 a majority of the Board is not6fied, then a public notice shall be published In the Statesville Record & Landmark forty eight (48) hours prior to the scheduled meeting. C. Cancellation of Meetings Whenever there are no appeals, applications for special use permits or variances, or other business for the Board or whenever so many regular and alternate members notify the secretary of inability to attend, that a quorum will NOT be available, the chairman may dispense with a regular meeting by giving written or oral notice to all Board members NOT less than twenty-four (24) hours prior to the time set for the meeting. D. Quorum A quorum shall consist of four -fifth's (4/5) members of the Board, but the Board shall NOT pass upon any questions relating to an appeal from the decision, order, requirement, or determination of the zoning enforcement officer, or an application for a variance or special use permit when there are less than six (6) members present. E. Voting All regular members shall vote on each issue made in the form of a motion, unless they have disqualified themselves for one or more of the following reasons listed in Section 12.1.4. The required vote to decide appeals and applications shall be treated as stated In Section 12.1.5, D (4/5's vote), and shall NOT be reduced by any disqualification. All abstaining from voting will be counted as a "YES". All silent votes will be counted as a "YES". All "NO" votes shall be vocal. In all other matters the vole of the melJoirity of the members present and voting .decide issues before the Roard F. Conduct of Meetings All meetings shall be open to the public, subject to the following rules: 1. Persons wishing to speak at the public hearing on a variance, special use permit, or an appeal, shall register with the clerk to the Board; listing the party or parties they represent, indicate whether they support or oppose the application, be sworn in, and be limited to a maximum of five (5) minutes each. 15 September 2, 2014 Persons wishing to speak at a public hearing on a variance, special use permit, or appeal, for more than five minutes, shall give written notice to the clerk to the Board of Adjustment prior to the meeting, stating the reason for support of or opposition to the proposed application. Oral testimony presented at the public hearing shall be limited to fifteen (15) minutes total for the proponents and fifteen minutes total for the opponents, except, where a written notice to speak as referenced in Section 12.1.5 F (2). To request additional time, the request may be allowed in whole or in part at the public hearing at the discretion of a person presiding at said meeting. G. Order of Business • Call to order; • Approval of minutes from the previous meeting; • Hearing of cases; • Reports of committees; • Unfinished business; • New business; and • Consideration and determination of cases heard. Section 25.1.7 Hearings An evidentiary hearing is required for each decision. The purpose of the hearing is to gather facts, NOT to gather opinions about the desirability or popularity of the project. A. Time After receipt of a notice of appeal, the Board chairman shall schedule the time for a hearing, which shall be at a regular or special meeting within thirty-six (36) days from the filing of such notice of appeal. B. Notice The Board shall give public notice of the hearing by posting notice on the property which is subject to action, and adVeFt"Se in a local newspopeF at least ten (10) dayS PFiGF tG the public hearing. This legal notice shall GPPeQF at lenct onee weeldY fGF tWO (2) ennstacutive �Afeeks. Adjoining property owners shall be notified by letter ten (10) to twenty-five (251 days prior to the hearing stating the facts concerning the public hearing. Such notice shall state the location, general nature involved in the request, and the time and location of the hearing. C. Conduct of Hearinq Any party may appear in person or by agent or by attorney at the hearing and subject to the rules in Section 12.1.5 F. The order of business for the hearing shall be as follows: 1. The clerk Planning staff member shall give a preliminary statement of the case. 2. The applicant shall present facts / evidence that support his application. 3. Persons opposed shall present facts / evidence against the application. 4. Both sides will have an opportunity to present a rebuttal to opposing testimony. 5. The chairman shall summarize the evidence which has been presented, giving both parties opportunity to make objections or corrections. Witnesses may be called and evidence 16 September 2, 2014 submitted, but the Board shall NOT be limited to consider such evidence to be admissible as in a court of law. The Board may view the premises before arriving at a decision. All witnesses shall be sworn in and are subject to cross-examination. D. Rehearing An application for a rehearing may be made in the same manner as provided for an original meeting. Evidence in support of the application shall initially be limited to that which is necessary to enable the Board to determine whether there has been a substantial change in facts or evidence (change in federal, state, or local law, or a change in the zoning ordinance). The application for rehearing shall be denied by the Board if from the record it finds that there has NOT been a substantial change in fact or evidence. If the Board finds that there has been a change, then the request shall be treated in the same matter as any other application. If there is a change in conditions (different site plan or an increase or decrease in the size of the request), the case shall be considered a new and distinctive case from that of before. Section 25.1.8 Decisions A. Evidence Quality evidence must be in the hearing to support the Board's final decision from an appeal, or application for variance or special use permit. 1. Substantial, competent, and material facts / evidence is needed to support the Board's findings. 2. Hearsay - Hearsay is admissible, however, hearsay evidence cannot be the sole basis for a crucial findings of fact. Crucial findings of fact include those that are contested. 3. Opinion Testimony by Expert - The Board is interested in fact NOT opinion, however, opinions offered by experts are an exception to this rule. B. Time Decisions by the Board shall be made NOT more than thirty-six (36) days from the time of hearing the case. C. Form Written notice of the decision in a case shall be given to the applicant by the clerk in a reasonable amount of time following the decision. The final decision of the Board shall be shown on record of the case as entered into the minutes of the Board and signed by the chair or other duly authorized member of the Board. Such record shall show the reasons for the determination, with a summary of the evidence introduced and the findings of fact by the Board. Where a variance is granted, the record shall state in detail any exceptional difficulty or unnecessary hardship upon which the appeal was based and which the Board finds to exist. The decision may reverse or affirm, wholly or partly or modify the order, requirement, decision, or determination appealed from. Where a special use permit is granted, the record shall state in detail any facts supporting the findings required to be made prior to issuance of such permit. The record shall state in detail what, if any, conditions and safeguards are imposed by the Board in connection with the granting of the special use permit or variance. D. Expiration of Permits Unless otherwise specified, any order or decision of the Board granting a special use permit or a variance shall be perpetually binding upon the property unless subsequently changed or amended by the Board. 17 September 12014 E. Voting on Hearinqs The Board of Adjustment, by a vote of four-fifths (4/5) of its members, may FeVeFSe Ony GFdeF, requirement, decision, or determination of on administrative Gff!C-eF charged with enforcing !his Ordinance, or may decide in favor of the applicant a matter upon which the Roard is required to poss --nder the Ordinance, or may grant a variance from the provisions of this Ordinance. A majority vote shall be required for all other matters before the Board. F. Public Record of Decision The decisions of the Board, as filed in the minutes, shall be a public record, available for inspection at all reasonable times. Section 25.2.1 Administrative Review The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Administrator in the enforcement of this Ordinance. A. Any person who has standing may appeal a decision to the Board of Adjustment. An appeal is taken by filing a notice of appeal with the county clerk. The notice of appeal shall state the grounds for appeal. B. The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first- class mail. C. The official who made the decision shall provide to the Board all documents and exhibits constituting a record upon which the action appealed from is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner. D. The official who made the decision shall be present at the hearing as a witness. Section 25.2.3 Variances The Board may authorize variances from the terms of the Ordinance as will NOT be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purpose of this ordinance. If a variance for the construction, alteration or use of property is granted, such construction, alteration or use shall be in accordance with the approved site plan. The Board of Adjustment shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application. A. Zoning and Subdivision Requirements These requirements shall apply to all regulations in the following areas: • Zoning 18 September 2, 2014 • Subdivision • Watershed • Airport The Board of Adjustment shall make the findings required below, taking into account the nature of the proposed request, the existing use of land in the vicinity and the probable effect of the proposed request upon traffic conditions in the vicinity, if applicable. No variance shall be granted unless the Board of Adjustment finds all of the following in the affirmative: 1. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land cause an unnecessary hardship; 2. That the circumstances giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this Ordinance; 3. That the hardship suffered is NOT a result of the applicant's or property owner's own actions; 4. That the granting of the variance will be in harmony with the general purpose and intent of the Ord4nance and preserve its spirit; an consistent with the spirit, purpose, and intent of the ordinance, such that the public safety is secured and substantial justice is achieved. Section 25.2.4 Special Use Permits The Board shall hear special use permit request to determine whether appropriate conditions and safeguards, as authorized in Chapter 2, are met. In granting a Special Use Permit the Board shall make the following affirmative findings: A. The Use requested Is among those listed as an eligible Special Use In the District In which the subject property is located; B. That the Special Use will NOT materially endanger the public health or safety, if located where proposed and developed according to the plan as proposed; C. That the Special Use meets all required conditions and specifications; D. That the Special Use will NOT substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and E. The Special Use will be in harmony with the area in which it is to be located and will be in general conformity with the plan of development of the county In granting a Special Use Permit, the Board may impose such additional restrictions and requirements upon such Permit as it may deem necessary in order that the purpose and intent of this Ordinance are served, public welfare secured and substantial justice done. If all requirements and conditions are accepted by the applicant, the Board shall authorize the issuance of the Special Use Permit, otherwise the Permit shall be denied. Any Special Use Permit so authorized 19 September 12014 shall be perpetually binding upon the property included in such Permit unless subsequently changed or amended by the Board, as provided for in this Chapter. The Board may change or amend any Special Use Permit, after a public hearing and subject to the same consideration as provided for in this Chapter for the original issuance of Special Use Permit. No proposal to amend or change any Special Use Permit shall be considered within twelve (12) months of the date of the original authorization of such Permit or within twelve (12) months of hearing of any previous proposal to amend or change any such Permit. No one spoke from the public. Chairman Johnson closed the public hearing. MOTION by Commissioner Ken Robertson to approve all three amendments. VOTING: Ayes — 5; Nays — 0 ADMINISTRATIVE MATTERS Request from the Planning Division to Consider Calling for a Public Hearing on October 7, 2013 by Horace Howard & Celeste Neel, TE Carriker, Jr., Mitchell & Melanie Belk, Bradley & Phyllis Belk, and Nancy Belk to Release Zoning and Subdivision Jurisdiction to the Town of Mooresville: Planning Director Matthew Todd said this request is to call for public hearing on October 7, 2014. It is a 183 acre tract on Highway 21 behind Shepherd Elementary School. It is currently zoned RA. The 2030 Horizon Plan calls for this area to be medium density residential. The potential use is to develop 43 additional lots. MOTION by Vice Chairman Marvin Norman to approve the request to call for a public hearing. VOTING: Ayes — 5; Nays — 0 Request from the Tax Assessor to Accept the Proposed Uniform Schedule of Values, standards, and Rules to be Used in the 2015 Reappraisal: Tax Assessor Melia Miller stated the Iredell County Assessor's Office reappraises all real property in Iredell County every four years. The 2015 Reappraisal is in the process, real property staff appraisers continue to analyze sales and perform Pictometry and field reviews. The effective date of the Reappraisal is January 1, 2015. The purpose of the countywide reappraisal is to equalize the tax burden among property owners and among all classes of property. The periodic reappraisal of real property equalizes the tax burden by ensuring all property is assessed at the current, fair market value. A required component of the reappraisal process, per NCGS 105-317, is the development, public notice and review, and final adoption by the Board of County Commissioners (Board) of Uniform Schedules of Values, Standards and Rules (Schedules). There are two Schedules, one to be used in appraising real property at its market value and one to be used in appraising property at its present -use value. Once adopted, the Schedules will be used to uniformly and equitably value all real property from 2015- 2018. The process will involve three Board meetings, September 2, October 7, and October 21.The 20 September 2, 2014 proposed Schedules have been developed and will be submitted tonight. Public Notice of submittal will be published in local newspapers on September 5. Schedules will be available for public inspection at the Assessor's Office, Iredell Public Libraries and on the County website. A public hearing is requested for October 7 and a request for final adoption of the Schedules will be made to the Board on October 21. Dates comply with statutory requirements and ensure timely completion of the 2015 Reappraisal. Chairman Steve Johnson stated, after reading through the manual, he came away with a high degree of confidence because of the standard that the Tax Assessor's office has developed for the people of this county. He feels the reassessment will be done fairly. He was very impressed with the degree of logic and congratulated Miller on a job well done. OTIO by Chairman Steve Johnson to accept the proposed Uniform Schedules of Values, Standards, and Rules, to approve the public notice for publishing, and to call for a public hearing on October 7, 2014. VOTING: Ayes — 5; Nays — 0. Request from the Health Department for Approval of Additional Codes and Fees: Health Director Jane Murray said this request is to add a few new fees to the walk-in clinic services and a fee for respiratory evaluation which is reviewing a medical evaluation questionnaire to determine if a person is eligible to be fitted for a respiratory which is used to prevent exposure to bacteria and viruses in the air. OTION by Vice Chairman Marvin Norman to approve. VOTING: Ayes — 5; Nays — 0. Request from ECOM to Approve and Sign a Three Year Agreement with Time Warner Cable to Install a WAN Connection between ECOM, Statesville Police and Mooresville Police Department: Assistant Director Brad Brawley stated this request is to approve the installation of a wide cable network connection between the County communications center, Statesville Police and Mooresville Police. The Rescue Star 911 Telephone switch in the Mooresville Police Department is near the end of life and cannot be supported by the manufacturer after this year. The best solution is networking this agency through the newly installed Patriot 911 switch located at ECOM and Statesville Police Department. This agreement will provide a secure Wide Area Network (WAN) to connect these agencies. This cost is an allowable expenditure for 911 funds. OTION by Commissioner Renee Griffith to approve VOTING: Ayes — 5; Nays — 0. Request from Purchasing for Approval to Join & Purchase from HGACBuy and Sign on Interlocal Agreement to Allow Purchasing from Established Contracts: Purchasing Agent Dean Lail said this request is for approval and signature on an interlocal agreement with the Houston Galveston Area Council which will allow the County to buy from HGACBUY Cooperative Purchasing program. This was established by that council for the sole purpose to buy 21 September 2, 2014 large capital outlay items such as vehicles, tractors, etc. Buying from this contract allows local governments to be able to get discounts that can only be had from large group purchases. The HGAC contracts go through the formal bid process just as required by the NC General Statutes. The statues support local governments buying from cooperative purchasing agreements. When the process is used properly it is considered a best practice because of the potential savings and efficiencies. There are no fees or upfront cost to join or buy from the coop. Also, the signing of the agreement does not commit to compulsory use. Commissioner Ken Robertson said the state offers items on contract and asked if prices had been compared. Lail said most of the items the county would be interested in from HGAC are not on state contract, such as EMS vehicles, Solid Waste vehicles, etc. Some standard vehicles are on state contract and prices were compared. Some were cheaper and some were not so he could not give an all-inclusive answer to the question. Commissioner Robertson asked how Lail found out about this agency. Lail said HGAC has been organized for about 30 years and EMS had identified a particular item from them. OTION by Commissioner Gene Houpe to approve. VOTING: Ayes — 5; Nays — 0. Request for Approval of Minutes for August 19, 2014: MOTION by Vice Chairman Marvin Norman to approve. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENTS OF VACANCIES OCCURRING ON BOARD & COMMISSIONS (None) APPOINTMENTS TO BOARDS AND COMMISSIONS JCPC (2 Appointments): Commissioner Gene Houpe nominated Scott Stewart and Brett Eckerman. MOTION by Chairman Johnson to close the floor to nominations and appoint Scott Stewart and Brett Eckerman by acclamation. VOTING: Ayes — 5; Nays — 0. Troutman Planning Board (1 Appointment): Commissioner Renee Griffith nominated Randy Farmer. MOTIO by Chairman Johnson to close the floor to nominations and appoint Randy Farmer by acclamation. IN September 2, 2014 VOTING: Ayes — 5; Nays — 0. Fire Tax District Board (3 Appointments): MOTION by Commissioner Renee Griffith to table. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT (None) NEW BUSINESS Commissioner Gene Houpe stated there had been some miscommunication on the bond projects. With the Board's approval he asked that a list of the projects, the costs, and the impact of the tax increase be posted to the web site. This would give the public an accurate resource to review aspects of the bond referendum if passed by the voters. Commissioner Robertson clarified that Iredell-Statesville would provide for their projects, Mooresville would provide for their projects and then the County Finance Office would give a financial impact. OTION by Commissioner Gene Houpe to have this information posted to the County web site. County Manager Ron Smith said it would be factual and unbiased. VOTING: Ayes — 5; Nays — 0 COUNTY MANAGER'S REPORT County Manager Ron Smith reminded the Board of a joint meeting with the Mooresville Board of Commissioners on October 2, 2014. The time and place to be announced. CLOSED SESSION MOTION by Chairman Steve Johnson to go into Closed Session pursuant to G.S. 143- 318.11 (a) (5) Real Property Purchase/Contract/Lease at 7:42 p.m. VOTING: Ayes — 5; Nays — 0 Returned to open session at 8:38 p.m. 23 September 2, 2014 ADJOURNMENT: MOTION by Commissioner Renee Griffith to adjourn at 8:40 p.m. (The next meeting is scheduled for Tuesday, September 16, 2014, 7:00 p.m. in the Commissioners' Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 5; Nays — 0. Approval: 24 Clerk to the Board