HomeMy WebLinkAboutJanuary_6_2015_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
January 6, 2015
The Iredell County Board of Commissioners met in regular session on Tuesday, January
6, 2015, at 7:00 PM, in the Iredell County Government Center (Commissioners' Meeting Room),
200 South Center Street, Statesville, NC. (A pre -agenda discussion was held at 5:00 PM in the
South Wing Conference Room)
Board Members Present
Chairman James B. Mallory, III
Vice Chairman Marvin Norman
Tommy Bowles
Steve Johnson
Ken Robertson
Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County
Manager Beth Dirks, Finance Director Susan G. Robertson, Public Safety Coordinator David
Saleeby, and Clerk to the Board Retha Gaither.
CALL TO ORDER by Chairman Mallory and asked everyone to remember the families
of Lois Walker and Bill McMillan, who recently passed away.
INVOCATION by Commissioner Tommy Bowles
PLEDGE OF ALLEGIANCE by Chairman Mallory
ADJUSTMENTS OF THE AGENDA: County Manager Ron Smith had the following
adjustments to the agenda:
Move: Item D, Memo #5 from Public Hearings to Administrative Matters
Add: Announcements of Vacancies on Board & Commissions: Centralina Economic
Development Commission (I Announcement)
Delete: Item C, Memo #4, from Public Hearings due to a legal notification issue. This was
an oversight by the County. One piece of property changed ownership after notices were mailed
and therefore the information was not received. This item will be continued until January 20, 2015.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Recognition of Retiree Detective Timothy Edwards by Sheriff Darren Campbell:
Sheriff Darren Campbell stated Timothy Edwards has retired after 30 years of service. He begin
part-time in the jail, then became full-time and worked in the patrol division, SWAT team, and has
been truly dedicated to the Sheriff s Office.
Edwards expressed his appreciation.
APPOINTMENTS BEFORE THE BOARD
(None)
PUBLIC HEARINGS
Request from the Planning Division to Consider a Request from Mark Krider to
Rezone 10.14 Acres Adjacent to 302 Ostwalt-Amity Road, Troutman: Planning Director
Matthew Todd said this parcel is just off Amity Road and is a little over 10 acres. It is currently
zoned RA and the request is to rezone to straight General Business. The property is surrounded by
RA with some existing GB to the South. Staff does support this request based on the 2030 Horizon
Plan calling for this area to be employment center/industrial/flex/office. The site fits within the
Town of Troutman's land use plan and potential traffic impact should not come close to road
capacity.
The applicant, Mark Krider of 150 Royal Coach Lane, Mooresville, stated his presence to
answer any questions.
Ron Karns of Mooresville, expressed his appreciation to appear before the Board to also
answer questions is needed.
MOTION by Commissioner Ken Robertson to recommend in favor of the zoning map
amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon
Plan and that said approval is reasonable and in the public interest and furthers the goals of the
2030 Horizon Plan because it is in harmony with the surrounding area, fits within the Town of
Troutman's future land use plans and should not exceed the existing road capacity.
VOTING: Ayes — 5; Nays — 0
PLANNING STAFF REPORT
REZONING CASE # 1412-1
STAFF PROJECT CONTACT: Andrew Ventresca
EXPLANATION OF THE REQUEST
This is a request to rezone 10.14 acres on Ostwalt Amity Road in Troutman from RA, Residential
Agricultural to GB, General Business. This is a straight rezoning request and therefore, all uses as
described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development
Code will be allowed. No conditions are proposed in the request.
OWNER/APPLICANT
OWNER/Applicant: Mark Krider
PROPERTY INFORMATION
LOCATION:
Between 302 and 314 Ostwalt Amity Road; more specifically identified as PIN 4751-10-0153.000
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DIRECTIONS:
1-77 South Exit 42, left on 115/21, Right on OstwaIt Amity Road; site is on the southern side of
Ostwalt Amity Road.
SURROUNDING LAND USE:
The properties to the east, west and south are vacant; there are residential uses to the north
SIZE:
The total size of the property is 44.36 acres, of which 10.14 acres is proposed for rezoning
EXISTING LAND USE: The property is vacant
ZONING HISTORY: The property has been zoned RA since countywide zoning was adopted in
1990.
OTHER JURISDICTIONAL INFORMATION: These properties are located within the Town of
Troutman's Long Range Service Area. The Town of Troutman is in favor per their future land use
plans, of the Exit 42 vicinity becoming a mix of industrial, commercial, and high density
residential uses.
OTHER SITE CHARACTERISTICS: The property is not located in a flood hazard area or Watershed.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: The closest traffic count is just to the west on Ostwalt Amity Road and had a 2012 count
of 4,200 vehicle trips per day. The capacity for this section of Ostwalt Amity Road is 11,000
vehicles per day.
SCHOOLS: Because this is a commercial rezoning, there should be no implications on local
schools.
FIRE MARSHAL: This proposal has been reviewed by the Fire Marshal. They have no issues with the
proposal.
EMS: This proposal has been reviewed by the EMS
Department. They have no issues with the proposal.
UTILITIES: No public sewer or water is available to this site to -
the best of staff's knowledge.
REQUIRED REVIEWS BY OTHER AGENCIES
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LOCAL: The applicant will have to provide a site plan to
the Planning Department for review for non-residential , i�ep mon
development of the property. Screening and buffering will
be required on the northern side of the property adjacent to the existing residential uses. The
remaining boundaries will not require screening and buffering because adjacent uses are
vacant and they are designated commercial/industrial in both the county and Troutman's
future land use plans.
STATE: Other than building code, there should be no formal state agency review at this time.
FEDERAL: None at this time.
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STAFF AND BOARD COMMENTS
STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Employment Center -
Industrial/Flex/Office. Employment Center - Industrial/Flex/Office is intended to provide
concentrated areas of high quality employment facilities, integrated with or adjacent to
complementary retail and commercial uses and/or medium- or high-density residential uses.
These areas will provide a mix of commercial/retail and office uses at
Critical nodes or activity centers along major roadways and should have direct access to
existing or planned arterial and collector streets. Primary uses include corporate office
headquarters, hospital/medical facilities, business parks, educational facilities, and civic uses.
Secondary uses may include parks, and convenience retail and restaurants intended to serve
the office/institutional developments. The proposed GB district fits into this designation.
Other information to consider is that staff has reached out to the adjacent property owners and
has received no concerns. Also the rezoning fits within the Town of Troutman's future land use
plans.
The Planning staff can support the proposed rezoning request based on the following: The 2030
Horizon Plan calls for this area to be commercial and the proposed district fits into the
Employment Center - Industrial/Flex/Office designation. This site fits within the Town of Troutman's
future land use plans. Potential traffic impacts should not come close to the road capacity.
SITE REVIEW COMMITTEE: David Aman and Dennis Hutchens visited the site with staff on
November 181h, 2014.
PLANNING BOARD ACTION: On December 3, 2014 the Planning Board held a public meeting to
hear this request. There was no opposition to the request. The Planning Board voted 8-0 to
recommend approval of this request with the following motion:
Motion to recommend in favor of the zoning map amendment and to make a finding that the
approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable
and in the public interest and furthers the goals of the 2030 Horizon Plan because it is in harmony
with the surrounding area, fits within the Town of Troutman's future land use plans and should not
exceed existing road capacity.
Request from the Planning Division to Consider a Request from Brandy Jones to
Rezone 3.92 Acres at 1169 Turnersburg Highway, Statesville: Planning Director Matthew
Todd said this property is currently zoned Highway Business, Conditional. Surrounding properties
are zoned Residential, Highway Business, and Residential Office. This is an amendment to an
existing conditional district by removing the hours of operation, adding automobile sales as a
permitted use, and revising the condition for outdoor vehicle storage. Staff recommends this
request based on the 2030 Horizon Plan, which now calls for this area to be commercial that
previously was not included. This is a conditional zoning request and is site plan specific. Current
landscaping meets code standards for outdoor screening. However, there is a new requirement that
has come into play since the original zoning. It now requires a 15' roadway protection yard which
is landscaping, additional trees and shrubs. The potential traffic impact should not come close to
the capacity.
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Daryl and Brandy Jones were present for questions.
MOTION by Commissioner Tommy Bowles to recommend in favor of the zoning map
amendment and to make a finding that the request is consistent with the adopted 2030 Horizon
Plan, it is reasonable and in the public interest because it's a minimal expansion of an existing
business, it 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
PLANNING STAFF REPORT
REZONING CASE # 1412-2
STAFF PROJECT CONTACT: Andrew Ventresca
EXPLANATION OF THE REQUEST
This is a request to amend a 3.92 acre Conditional District Zoning at 1169 Turnersburg Highway in
Statesville. The current zoning of HB(CD) allows for an auto repair operation with the following
conditions:
• The entire building must be insulated for noise control including the compressor building.
• Hours of operation shall be limited to 8am-6pm, Monday through Friday and 8am-Ipm on Saturday.
• The parking lot must be paved within 24 months of approval.
• Any vehicle that is inoperable or is "unpaid" must be stored in the main building or within the designated
storage area as shown on the approved site plan. The storage area must be enclosed by a fence at least 6' in
height that is opaque.
The applicant is requesting to amend the Conditional District Zoning by adding automobile sales
to the existing business and eliminating the hours of operation and the outdoor vehicle storage
conditions.
OWNER/APPLICANT
OWNER: DJ Properties of Statesville, LLC.
APPLICANT: Brandy Jones
PROPERTY INFORMATION
LOCATION:
1 169 Turnersburg Highway, in Statesville; more specifically'
identified as PIN 4757239504.000
DIRECTIONS:
Turnersburg Highway on the Left just before Bethany Road.
SURROUNDING LAND USE:
There are residential and commercial uses to the north and south and residential and vacant
uses to the east and west.
SIZE:
The property is 3.92 acres.
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EXISTING LAND USE: The property is currently being used as and automotive repair business.
ZONING HISTORY: This property was requested to be rezoned from RA to HB -CD in 2009. The
Planning Board heard the case and voted 5-4 to deny the request. In February of 2010, the Board
of Commissioners unanimously approved the request to HB -CD with the following conditions
accepted by the applicant:
• The entire building must be insulated for noise control including the compressor building.
• Hours of operation shall be limited to 8am-6pm, Monday through Friday and Sam -1 pm on Saturday.
• The parking lot must be paved within 24 months of approval.
• Any vehicle that is inoperable or is "unpaid" must be stored in the main building or within the designated
storage area as shown on the approved site plan. The storage area must be enclosed by a fence at least 6' in
height that is opaque.
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 flood zone.
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 to the south of the site on Turnersburg Highway and had a
traffic count of 7400 vehicles per day in 2012. The capacity for this section of Turnersburg 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 Iredell County Fire Marshal's Office. The
Fire Marshal's Office reviewed the proposal and addressed no concerns with the request.
EMS: This proposal has been reviewed by the EMS Department. EMS reviewed the proposal and
had no concerns with the request.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: The applicant will have to provide a site plan to the Planning Division for review to change
the use or develop the property. A landscaped roadside buffer will be required with the approval
of the rezoning request.
STATE: Other than building code, there should be no formal state agency review at this time.
FEDERAL: None at this time.
STAFF AND BOARD COMMENTS
STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Corridor Commercial, which
includes existing commercial, office, and/or retail uses that exist along major thoroughfares and
highways or areas that will include commercial development in the future. These areas are both
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within and outside the Iredell County Urban Service Areas. According to the plan, uses within this
area generally should include retail, restaurants, entertainment centers, automobile services,
personal services, other commercial uses, and office developments. The proposed HB -CD district
does fit into the Corridor Commercial designation.
The applicant wishes to eliminate the hours of operation and the outdoor vehicle storage
conditions that were agreed upon at the time of the original request. Also the applicant wishes
to add auto sales to the current auto repair business. This request is site -plan specific. A vegetative
roadside buffer will be required per the Land Development Code.
The Planning staff can support the proposed rezoning request based on the following: The 2030
Horizon Plan calls for this area to be Commercial. This is a conditional zoning request and there
are limited uses requested and it is site plan specific so it should have a minimal impact on the
adjacent properties. The current vegetation on the property meets the screening requirements in
the Land Development Code for outdoor storage. A large portion of property is zoned HB just to
the south on Turnersburg Highway. Potential traffic impacts should not come close to the road
capacity.
Public Input Meeting: The public input meeting was held on October 21 st at 6:00 pm on site. Four
attendees from the community showed up to hear the proposal and voice their opinion. The two
issues discussed were concerns of the request decreasing or lowering surrounding property values
and raising the tax rate on surrounding properties.
SITE REVIEW COMMITTEE: David Aman and Dennis Hutchens visited the site with staff on
November 18th, 2014.
PLANNING BOARD ACTION: On December 3, 2014 the Planning Board held a public meeting to
hear this request. One citizen had concerns about the request. The Planning Board voted 5-3 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 adopted 2030 Horizon Plan, it is reasonable and in the public
interest because it's a minimal expansion of an existing business, it 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.
Request from the Planning Division to Consider a Request from GA Airport, LLC to
Rezone 6.21 acres at 129, 141, and 149 Yeager Road, Mooresville: Chairman Mallory open the
public hearing and stated this was mentioned earlier informing everyone that a legal notice
requirement was not fully executed and therefore will be continued until January 20.
Chairman Mallory asked for a motion to continue this public hearing until January 20.
MOTION by Commissioner Steve Johnson to continue this item.
VOTING: Ayes — 5; Nays — 0
ADMINISTRATIVE MATTERS
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County Manager Ron Smith summarized the following items that were placed on the
consent agenda at the 5:00 PM pre -agenda meeting.
Request from Iredell Statesville Schools for Current Expense Funding and Approve
Budget Amendment #23: Finance Director Susan Robertson said the Board approved a motion
to allocate current expense funds of $250,000 between Iredell Statesville Schools, Mooresville
Graded Schools, and Mitchell Community College. At the same time authorization was given to
set aside $1,250,000 to increase the County's Fund Balance of which $250,000 would be
reallocated to the schools in the same proportion as that first appropriation, if the State's budget
had no adverse effects on the County. The State's budget passed with no adverse effects on the
County. This budget amendment will take current expenses to $1,441 per pupil.
Request from Ben Stikeleather, [CATS Director, to Review and Approve the ICATS
System Safety Program Plan: ICATS Director Ben Stikeleather stated he is seeking approval of
a System Safety Program Plan. This document is required by NCDOT in order to distribute funds.
The plan explains how employees /drivers are selected and trained. It explains how data is acquired
and analyzed. There is also a drug and alcohol program included. Plus, the plan describes the
maintenance of the vehicles.
Request for Approval of Minutes from December 2, 2014: There were no changes or
corrections to the minutes.
Request from the Planning Division to Consider Options for Northern Iredell County
and Give Direction on Which MPO/RPO to Join: Planning Director Matthew Todd said, within
the last two years, Iredell County has been split into two transportation agencies. One is based in
Charlotte (CRTPO) and the other is Unifour RPO which covers areas north of the South Yadkin
River. Staff has been trying to serve both. However, the Unifour RPO is dissolving which gives
an opportunity to join the Hickory MPO or join all of Iredell with Charlotte CRTPO. Staff
suggested Charlotte. The Board agreed.
MOTION by Vice Chairman Marvin Norman to approve the consent agenda.
VOTING: Ayes — 5; Nays — 0
Budget Amendment
Fiscal Year 2014-15
BA#23
o appropriate additional Current Expense Funds for public schools and Mitchell
ommunity College from funds set aside in the FY2015
[budget.
adopted
General Fund
1/6/2015
Account#
Current
Chane
Amended
General Fund
105825 732600
Fund Balance- Budgeted Increase
1,250,000
(250,000)
1,000,000
105700 560001
Iredell-Statesville - Current Expense
32,173,716
179,616
32,353,332
105700 560201
MGSD - Current Expense
8,970,580
50,080
9,020,660
105700 560401
MCC - Current Expense
3,070,010
20,304
3,090,314
Request from Ben Stikeleather, [CATS Director, to Review and Approve the ICATS
System Safety Program Plan: ICATS Director Ben Stikeleather stated he is seeking approval of
a System Safety Program Plan. This document is required by NCDOT in order to distribute funds.
The plan explains how employees /drivers are selected and trained. It explains how data is acquired
and analyzed. There is also a drug and alcohol program included. Plus, the plan describes the
maintenance of the vehicles.
Request for Approval of Minutes from December 2, 2014: There were no changes or
corrections to the minutes.
Request from the Planning Division to Consider Options for Northern Iredell County
and Give Direction on Which MPO/RPO to Join: Planning Director Matthew Todd said, within
the last two years, Iredell County has been split into two transportation agencies. One is based in
Charlotte (CRTPO) and the other is Unifour RPO which covers areas north of the South Yadkin
River. Staff has been trying to serve both. However, the Unifour RPO is dissolving which gives
an opportunity to join the Hickory MPO or join all of Iredell with Charlotte CRTPO. Staff
suggested Charlotte. The Board agreed.
MOTION by Vice Chairman Marvin Norman to approve the consent agenda.
VOTING: Ayes — 5; Nays — 0
ANNOUNCEMENTS OF VACANCIES OCCURRING ON BOARD & COMMISSIONS
Centralina Economic Development Commission (1 Announcement)
APPOINTMENTS TO BOARDS AND COMMISSIONS
Recreation Advisory Board (1 Appointment)
MOTION by Vice Chairman Marvin Norman to appoint Christopher Campbell
VOTING: Ayes — 5; Nays — 0
UNFINISHED BUSINESS
Appointments of Commissioners to Serve on Other Boards and Committees:
Chairman Mallory said these items were discussed at the pre -agenda meeting. Commissioners
were appointed to serve on committees that were aligned with task forces that will be constituted
in areas of economic development, education, public safety and justice, public health and
wellbeing, and general government.
It was suggested, during the pre -agenda session, to transition the Fire Tax Board to purely
administrative. They asked David Saleeby, Beth Dirks, Susan Robertson and one Commissioner
from the public safety task force, to review the fire department budgets and then make a
recommendation to the Board of Commissioners. Saleeby stated the VFDs have a formula to use
with their budgets and therefore they really do not review individual budgets. Therefore, the
formula will be introduced in the budget process, not individual budgets.
Centralina Workforce Development Consortium — Ken Robertson
Centralina Council of Governments/Board of Delegates — Ken Robertson and Steve
Johnson
Connect Consortium Appointments — Ken Robertson and Steve Johnson
Cooperative Extension Service Advisory Council — Ken Robertson and Steve Johnson
Courts/Jail Facilities Study Committee (Ad Hoc) — James Mallory, III and Tommy Bowles
Fairgrounds Committee — Tommy Bowles and Marvin Norman
Board of Health — Marvin Norman and Tommy Bowles
Home & Community Care Block Grant Committee — Gene Houpe
Juvenile Crime Prevention Council — Tommy Bowles
Recreation Advisory Committee — Marvin Norman
Local Emergency Planning Committee — Tommy Bowles
Mooresville -South Iredell Economic Development Corp — Ken Robertson
Partner's Behavioral Health Management Board — Marvin Norman and Tommy Bowles
Schools Facilities Task Force — James Mallory and Marvin Norman
Smart Start/Iredell Partnership for Young Children — Marvin Norman
Social Services Board— Alice Stewart
Statesville Airport Commission — Steve Johnson
South Iredell Community Development Corporation Board of Directors — James Mallory
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Statesville Regional Development — Steve Johnson
Charlotte Regional Transportation Planning Organization — Ken Robertson and Steve
Johnson
Chairman Mallory asked for a motion to adopt the committee assignments as discussed in
the pre -agenda meeting.
MOTIO by Commissioner Steve Johnson to adopt as presented.
VOTING: Ayes — 5; Nays — 0
PUBLIC COMMENT
(None)
NEW BUSINESS
(None)
COUNTY MANAGER'S REPORT
County Manager Ron Smith said he emailed, to each member, information about
agriculture and its influence on the economy in Iredell County. This information included a cost
study from Yadkin County of their community services. Smith researched the cost of doing such
a study in Iredell County. A proposal from a representative at NC State stated it would be pro
boon. Smith informed the Board he will move forward with this study as it will provide some
valuable information for the upcoming budget and land use decisions.
CLOSED SESSION
Chairman Mallory recessed the regular meeting into Closed Session at 7:31 PM pursuant
to G.S. 143-318.11(a)(5) concerning a real property purchase.
Chairman Mallory stated there would be no formal action taken as a result of the Closed
Session.
ADJOURNMENT: MOTION by Commissioner Steve Johnson to adjourn at 8:20 PM.
(The next meeting will be Tuesday, January 20, 2015, 7:00 PM, in the Commissioners' Meeting
Room, Pre -Agenda Discussion at 5:00 PM in the South Wing Conference Room, Government
Center, 200 South Center Street, Statesville, NC)
VOTING: Ayes — 5; Nays — 0.
Approval:
Clerk to the Board
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