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HomeMy WebLinkAbout2-2-2016 MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES February 2, 2016 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, February 2, 2016 at 5:30 PM, in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. 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 Jones, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Assistant to the Manager Ben Stikeleather, and Clerk to the Board Retha Gaither. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustments: Add: New Business — Proclamation to Honor the Carolina Panthers Football Team PUBLIC HEARINGS Public Hearing to Consider a Request from Ralph Daetwyler to Rezone 3.34 Acres from M-2 CUD to M-2 CD: Planning Director Matthew Todd said this is a request at Lake Norman Air Park for Ralph Daetwyler on 3.34 acres. Currently it is zoned M2 CUD for the storage of planes only. There are two hangers on the property and one is vacant. The proposal is for one hanger to be changed to allow maintenance. The owner held the public input meeting on-site. There were only two individuals who came to the meeting. The Planning Board voted unanimously to approve. Since that time one other individual has inquired about the rezoning. Commissioner Robertson asked if it was restricted to aircraft related uses. Todd said yes. Unlike a previous request in 2015. This is only for airplane storage and maintenance. Commissioner Johnson said the original intent of the development was a residential air park. There has been continuous encroaching. People will fly into that air field for maintenance when they don't actually live there. People bought homes there thinking it was going to a quiet neighborhood. Todd said there was a large portion that was zoned GB or HB and over the years, as homes were built, it morphed into M 1 for the airport specifically. Commissioner Robertson clarified that the request is aircraft related. February 2, 2016 Commissioner Johnson said he was a strong supporter of property rights but not to the point that the property owner exercises his right to the determent of his neighbor's peace and tranquility. Commissioner Bowles asked how large the project may grow. There doesn't seem to be a lot of changes to just perform maintenance in a storage area. Chairman Mallory stated if a plane breaks down it would be taken and repaired without the proper zoning. However, it seems very unlikely for Lake Norman Airport to become a mecca for aircraft repairs. Commissioner Johnson said the Board made a previous decision to limit commercial to the east of the property but it has been a continuous encroachment to the west. He doesn't feel this would be an economically viable project at this airport unless planes were brought in for inspections. Commissioner Bowles asked about fuel sales. Todd said no, not with this proposal. ADMINISTRATIVE MATTERS Request from Administration for Approval of the First Amendment to the County Funded Assistant District Attorney Contract and BA #23: Deputy County Manager Beth Jones said that part of the inmate reduction efforts were to fund an Assistant District Attorney which began in February of 2015. The request is to make an addendum to the contract to carry through until June 30, 2016. At that time, if the Board decides to continue, with the contract, it will run concurrent with the fiscal year. Budget amendment #23 is for $11,700. This project has more than paid for itself, actually within the first four months. This item was placed on the consent agenda. BA#23 To appropriate fiords required to extend the Assistant District Attorney Contract 1/19/2016 through June 30, 2016. Account # Current Budget Chane Amended Budget 105480 530200 Contingency 172,164 (11,700) 160,464 105523 537515 Contract Service -ADA - 11,700 11,700 Chairman Mallory met with, and was encouraged by, Judge Warren (Brunswick County) who has a vision to pull the court system into the 21" century with technology and eliminate the huge mounds of paper. Warren has created a commission with five different committees that will research civil, criminal, IT, general legal, ethical, and professional issues. All of these report back to Judge Warren. Mallory told Judge Warren about the proposed jail expansion which will have features to coordinate with the court system in order to increase security. He expressed to Judge Warren his understanding of the court's need for additional space but is reluctant to build a courthouse without changing the current processes or upgrading to new technologies. Judge Warren will present to legislators the needs and estimated costs. If that happens, then within the next four to five years, there should be the development, funding, and implementation of some significant upgrades to the entire court process. There are some districts that have developed data driven metrics that are producing positive results in eliminating the back log of cases, faster February 2, 2016 2 turnaround times, etc. There are some things that can be done now that don't involve a tremendous amount of money but mostly it is getting all parties together to create data. Request from Tax Administration to Report Unpaid Taxes and Set Advertising Date for Tax Liens: Tax Administrator Bill Furches reported, as required, the total amount of unpaid taxes for the current year. The Board is required to set a date for advertising tax liens. Furches requested Wednesday, March 16 as the advertising date. Second notices will sent out on February This was placed on the consent agenda Request from Administration to Consider BA #24 to Match a USDOT Grant for the Regional Freight Plan: Assistant to the County Manager Ben Stikeleather stated the Freight Study is a study of how freight is moved in and out of the ten county region. The federal government has recently approved the FAST Act (Fixing America's Surface Transportation). This requires state wide plans. The COG wants a regional plan to inform the state wide plan. Charlotte is an inland port and there's a lot of freight that moves in and out of the region. There's a potential for infrastructure improvements if it is found to be lacking. Iredell's investment is a $5,000 match to grant funding. Commissioner Robertson expressed hesitancy because it will not change the way projects are prioritized. Stikeleather said there are so many check boxes when it comes to grant funding from the federal government. Chairman Mallory asked how to make an informed recommendation about things this Board would like to see in this study. Stikeleather said all stakeholders will meet and give feedback. If the plan is created and the Board contributes to the grant, Iredell County will be represented during the conversation. Chairman Mallory asked why surrounding counties pay less. Smith believes it is based on population. Stikeleather said it will cover all freight by road, air and rail. Chairman Mallory suggested to focus on rail and air. Commissioner Bowles asked if the $5,000 is above the normal dues paid to COG. Stikeleather said that is correct. This is an extra initiative to help with the state plan. Vice Chairman Norman asked if this would be placed on a shelf and nothing actually happen. Stikeleather said staff would be engaged in the process but can't promise the federal government will use the plan. Commissioner Bowles stated he has no level of confidence that this will make any kind of appreciable difference or will help the citizens of Iredell County. He cannot support it. February 2, 2016 Smith said there are a number of jurisdictions that have not signed on. This is not a time sensitive matter and can be voted on later. Commissioner Robertson suggested to pull it from the agenda and inform COG that the Board members have expressed concerns about the end result of the report. Commissioner Johnson asked staff to research the length between this report and the decision. Also, he wants to know who makes the decision and how much bearing would the report have. Smith will adjust it from the regular session agenda. Request from the Finance Department to Approve BA #25 for the Worker's Compensation Self -Insurance Fund: Finance Director Susan Robertson said the past year had been difficult with claims and payments. To date $523,000 has been paid since July 1, 2015, for lost time payments, medical payments, and a settlement. The budget only has $51,600 which will not be enough to carry through June 30, 2016. There is an accumulated fund balance in the Worker's Comp Self -Insurance Fund of $675,000. This request is for a $200,000 appropriation from that fund balance. If it is not used it will remain in the fund balance. The premium is about $100,000 for $600,000 coverage. Worker's Comp and medical costs continue to increase. However, the last comparison check has shown a tremendous savings in being self-insured. This was placed on the consent agenda. BA#25 To appropriate Workers Compensation Self -Insurance Fund fund balance to cover 2/2/2016 extraordinary claims during FY2016. Account # I Current Budget Chane Amended Budget 684880 499500 Appropriated Fund Balance (58,850) (200,000) (258,850) 685415 546200 Workers Comp Claims 440,000 200,000 640,000 Request for approval of the January 19, 2016 minutes: There were no changes or corrections. This item was placed on the consent agenda. NEW BUSINESS Proposed Proclamation to Honor the Carolina Panthers Football Team: Chairman Mallory ask if the board wanted to add this to the consent agenda. This item was placed on the consent agenda. PROCLAMATION TO HONOR THE CAROLINA PANTHERS FOOTBALL TEAM WHEREAS, the National Football League unanimously selected the Carolina Panthers as the 29i' NFL franchise in 1993; and WHEREAS, Coach Ron Rivera was named Head Coach in 2011; and WHEREAS, the Carolina Panthers football team went 14-1 during the regular season in 2015, and was undefeated at home; and WHEREAS, the Carolina Panthers led the NFL this season with 24 interceptions; and February 2, 2016 4 WHEREAS, the Carolina Panthers scored an average of 31.3 points per game, which was the best in the NFL; and WHEREAS, the Carolina Panthers won the NEC Championship and will advance to Super Bowl 50 which is only the second Super Bowl for the franchise; and therefore BE IT PROCLAIMED, that the Iredell County Board of Commissioners recognizes the hard work, exceptional talent, and dedication of the members of the Carolina Panthers team; and BE IT PROCLAMIED FINALLY that the Iredell County Board of Commissioners wish to extend heartfelt congratulations and sincere best wishes for the continued success of the Carolina Panthers and Coach Rivera at Super Bowl 50 on February 7, 2016. Keep Pounding! Adopted this 2"s day of February, 2016. The Board recessed at 6:40 PM from Closed Session until the regular meeting at 7:00 PM. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES February 2, 2016 The Iredell County Board of Commissioners met in regular session on Tuesday, February 2, 2016, at 7:00 PM, in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. 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 Jones, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Assistant to the Manager Ben Stikeleather, and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman James Mallory asked everyone to bow their heads for a moment of silence. PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustments: Team. Remove: Administrative Matters — Item C, Memo #5 Add: Administrative Matters — Item F — Proclamation for the Carolina Panthers Football Remove: Closed Session — Property Acquisition MOTION by Vice Chairman Marvin Norman to approve the agenda as adjusted. February 2, 2016 VOTING: Ayes — 5; Nays — 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition of Retiree Sam Bailey from Building Standards: Commissioner Thomas Bowles asked Sam Bailey and Jeff Chuby to join him in front of the dais. Bowles said he and Bailey came to county government about the same time in 1987. Bowles said Bailey blends the state standard with common sense in order to keep the public safe. Bailey has always been professional and about business. Bowles expressed his appreciation for Bailey's service and dedication. Building Standards Manager Jeff Chuby spoke on behalf of the Building Standards Department. He expressed appreciation for Bailey's hard work, dedication, and excellent customer service over the past 18 years. Bailey thanked the Board and said he will miss the county and his co-workers. PUBLIC HEARINGS Public Hearing to Consider a Request from Ralph Daetwyler to Rezone 3.34 Acres from M-2 CUD to M-2 CD: Planning Director Matthew Todd said the property is currently zoned M-2 Conditional Use District for hangers and the storage of planes. This request is for 3.34 acres at 111 and 117 Yeager Road, Mooresville. There are two existing hangers on the property and one vacant parcel in the middle. Staff supports this request based on the rezoning will be site plan specific and only minor changes will take place. Only airplane related uses are allowed. The current zoning is high intensity use and potential traffic impact should not exceed road capacity. The existing hangers will still be used for storage but the front part of one hanger will also be used for maintenance. The hanger has an interior dividing wall. Commissioner Bowles asked to clarify there would be no fuel sales associated with this maintenance. Maintenance would be considered an oil change and/or whatever small repair a plane needed. Todd said that is correct, fuel sales are not allowed. Maintenance would be anything related to aircraft only. Commissioner Johnson stated they would most likely do inspections. Chairman Mallory clarified that the current zoning is storage only and this request applies solely to one half of one hanger. Todd said yes, currently it is for storage only. To achieve some consistency the three parcels are grouped together under this request, but in reality the only change is half of one hanger. Commissioner Johnson said the initial marketing and sales brochure listed this as a private air park. He announced publicly that he is not holding Mr. Todd or any other county employee accountable because this area has evolved. The residents bought parcels thinking they would have a nice quiet airpark. To some extent, every zoning request for this area seems to be tying up loose ends and each activity becomes a little more aggressive. Is this potential aircraft maintenance viable for aircraft on the field or will other aircraft come in to be financial viable? He still believes the applicant may exercise rights on his property but not to the detriment of other property owners on the airfield. February 2, 2016 6 Chairman Mallory opened the public hearing. Walter Siegenthaler of 22641 Torrence Chapel Road, Cornelius, is a partner in the company that is making the request. There will not be any structural changes but wants to offer airplane maintenance primarily for airplanes stationed at the airport. Currently the stationed airplanes must fly somewhere else to take care of annual inspections. There will be no jet or helicopter maintenance. There will be little financial gain, it is really meant to be a service. However, there will be marked parking spaces for employees on the excess pavement beside one of the hangers. Chairman Mallory asked if the neighborhood had been canvassed to inquire if such a service was desired. Siegenthaler said a required public meeting was held in November. However, only two citizens attended and both were in favor of the rezoning. Commissioner Johnson asked how extensive the maintenance will be. Siegenthaler said it will be oil changes, small repairs and annuals. They will not be rebuilding airplanes and no avionic repairs at this point. Commissioner Bowles asked the hours of operation, Monday through Friday or Saturday and/or Sunday. Siegenthaler said regular day hours, Monday through Saturday. There will be no maintenance on Sunday. This will not be a fixed based operation, just small maintenance for the aircraft already on the airfield. Commissioner Johnson stated that typically for a business to become successful they quickly run out of room. He asked if this would be adequate space without returning to the Board to request a subsequent amendment to the rezoning or to expand the commercial use district on the airfield. Siegenthaler said there were no intentions to expand. It is large enough for the one to two men working there. If the maintenance doesn't work out it will be returned to storage. Chairman Mallory asked to clarify the rezoning, if it was just one hanger with half being designated for maintenance or was it the entire three parcels. Siegenthaler said the second hanger is not suitable for maintenance because it contains carousels for the airplanes. Todd said this request is site plan specific and the applicant must comply with this site plan unless they make another application for rezoning. There's 4,969 square feet for plane storage and 5,091 square feet for aircraft maintenance. Even though the other hangers are included with this request, they are for storage only. Russell Jones of 362 Normandy Road, Mooresville, stated he was not notified of the change even though the planes come directly over his house. IOMAX hasn't worked out and several complaints have been filed. IOMAX has several thousand square feet for aircraft maintenance which is enough. Allowing an increase in air traffic is increasing the risk and safety of surrounding February 2, 2016 7 property owners. The area is already out of hand with noise and FAA violations. This is not a new service to be offered. He is asking for this request to be denied. Commissioner Johnson stated that was uncontrolled air space but asked if there was UNICOM (Universal Communications) service. A member of the audience answered that there was UNICOM services. Jake Atteberry of 160 Catawba Air Road, asked if the Board had received an email from Mark Queen with an attachment. The attachment was a NOTAM (Notice to Airmen) which is a rule filed with the FAA for a rule that is on-site and specific to that field. He has been a twenty year resident. There have been continuous issues with zoning lines, etc. The hangers were always meant for airplane storage. With IOMAX he feels the area is full and cannot hold any more. In order for a maintenance shop to survive, other aircraft will need to be brought in. Previous maintenance shops have not survived. It is very common for pilots to also have mechanics license. The public hearing was during the week of Thanksgiving when many people were out of town. Commissioner Johnson stated that just because there is radio communications (UNICOM) on the field, it is not mandated that someone actually man the radio. If someone is listening they will respond but no one is required to be there. Atteberry said that is correct. UNICOM is a frequency that is assigned to airports but when transmitting from the air it transmits further. It is very common to hear Rowan County. It can be compared to a party -line which is one land line with many users. The Notice to Airmen in Queen's email was to shut down the ramp space in front of the IOMAX hanger. Chairman Mallory asked if there was some general aviation that had maintenance activities available. Atteberry said yes. IOMAX bought and used it for a couple of years but the business grew. They are up to 200 planes per month with three shifts, 7 days a week and all through the holidays. Iredell Air Care has been at the Statesville Airport for over 35 years and the owner, Mr. Jones Barns, is a very good mechanic with a loyal following. Chairman Mallory stated that if a pilot came to the hanger and found a puddle of oil, they would not fly the plane but would get a mechanic to inspect it. This means that aircraft maintenance is being performed in a hanger where it is not legally allowed. In reality it seems this request will bring that activity into compliance. Robb Porter of 123 Rutan Court which is closest to the commercial area, has lived there for 22 years. He doesn't feel residents have a problem with someone coming into a hanger to fix an abnormal problem with a plane, but opening a maintenance base will bring in outside traffic. This will increase commercial activity next to a residential area. Many issues stem from last year's rezoning with IOMAX. IOMAX had the capability for aircraft maintenance and received additional permissions for their property to do light manufacturing. This second facility for aircraft maintenance is not necessary. In the future if the properties are sold it could open opportunities for race shops, dance studios, etc. that do not belong at an air field. The last two zoning requests had stipulations that have not been enforced. IOMAX was supposed to construct a noise barrier behind his house but has not done so. February 2, 2016 Commissioner Bowles asked Mr. Porter if he felt this business would be serving more customers than is currently in the air park. Porter believes the primary customer base will be people who are tied down at the facility and neighboring airports. He feels there will be people coming in from Lincoln Airport, Statesville Airport, Concord Airport, etc. Chairman Mallory asked Siegenthaler if his business model relied on traffic in addition to the airpark residents. Siegenthaler said the previous mechanic was kicked -out because IOMAX needed the space and not because he didn't survive. It was mentioned that some pilots can do their own maintenance which really would be illegal. This service will offer legal maintenance without flying out. Planes from other airports travel in and out all the time. Chairman Mallory closed the public hearing. Commissioner Bowles said there had been a lot of talk about IOMAX but this request does not have anything to do with IOMAX. Perhaps a mistake was made a year ago but it would not be fair to penalize another owner. He doesn't think this request is out of the question. Commissioner Johnson said IOMAX may be related. In the property owned by IOMAX aircraft maintenance is permitted. By granting this request it would expand the area in which aircraft maintenance would be permitted. If IOMAX left a subsequent property owner and/or occupant could perform aircraft maintenance by right. Todd said that is correct. Commissioner Johnson questioned whether or not the surrounding home owners would have bought their property if they thought the airpark was a commercial airpark as opposed to a residential airpark. He feels there are future potential issues with continuous expansion of aircraft services on what was initially a private airpark. If commercial activity is expanded on that airfield and simultaneously see increased density of population around that airpark, those two things will become increasing incongruent or incompatible. Commissioner Robertson asked how it is different from a neighborhood adjacent to a farm with cows and pasture. When the farmer sells the land and it is converted into a subdivision then there is more traffic than all the initial neighbors expected. Their view is now quite different from what they originally had. There are already airplanes in the airspace which brings a risk. All potential property owners know there are planes. He feels the Board should be consistent which is not to deny property rights because adjacent owners had expectations. The Board has not ruled that way in the past nor has the Board ruled in the past against an owner just because of a bad business model. People have been given permission to build businesses even when it was questionable if the business would be successful. Historically this Board has not ruled against property owners because of the expectations of adjoining property owners. Commissioner Johnson said some things in zoning are done by right and some are not. Statesville Airport has been here since shortly after the war and there have been complaints about expanding the airport from adjacent land owners. They built their house knowing there was a commercial public airport already present. It is unrealistic to expect the airport to the stay the same 50 years later. But a private airfield marketed as a private development with limited access to the February 2, 2016 9 outside public is different. There are two considerations. It is the job of the applicant to demonstrate why he should be allowed to do what he wants with his property and not to the detriment of his neighbors. It is the job of the neighbors to demonstrate that his activity will be detrimental. Mooresville's decision to extend utilities will increase the density of residential development around the airfield. If IOMAX leaves then the next owner can maintain aircraft by right. Now the right is about to be expanded to someone else. The more capability there is to do aircraft maintenance, the more likely there will be more activity to the airfield. He does not believe making those services available at a private airpark in the middle of the residential development is a good idea. There were some very high ranking officials that wanted IOMAX to happen and it was pretty much expected to be approved. If this type of airfield was requested today, the FAA would not allow it. Commissioner Bowles stated that IOMAX does not do maintenance for the public, so the airpark residents can't get their planes maintained there. This request would be in a small area for an oil change and/or an annual inspection. Chairman Mallory said this request appears to be a replacement of a pre-existing maintenance activity so the amount of air traffic has not been shown to increase or decrease. It has been noted for general aviation, what was previously in there before IOMAX was not a viable business model which could not support itself. There seems to be some demand for the limited services from these mechanics. This is a unique parcel of land and therefore general rules cannot appropriately be applied. a day. Vice Chairman Marvin Norman asked if anyone knew the number of planes in and out in Todd said he did not know. Vice Chairman Marvin Norman asked the estimated work load anticipated for this maintenance shop. Siegenthaler said an oil change may take an hour and other maintenance may require the plane to sit for two or three days. He feels there may only be two or three flights added per day. Commissioner Johnson said IOMAX bought the property prior to the realization of this Board. The Commerce Department gave them an economic incentive, at state level, prior to any knowledge by the Board. Then it was requested of the Board to give an economic incentive of $250,000 in early 2014 but it was not performance based which is the first time such a request was made of this Board during Johnson's tenure. A former member of congress, who will remain unnamed, was connected to IOMAX. Chainnan Mallory said it predated his tenure as well. OTIO by Commissioner Robertson to recommend in favor of the zoning map amendment and to advise that though it is inconsistent with the Iredell County 2030 Horizon Plan it is reasonable and in the public interest because it is consistent with past rezonings, the property is currently zoned for a high intensity use and will be a minimal change to the property, it is a conditional site plan specific request, and potential traffic impacts should not exceed capacity. Commissioner Johnson asked to stress that areas zoned on this airfield for aircraft maintenance already exists and this will expand it. If IOMAX leaves and if the owner's business February 2, 2016 10 plans permits it would be in their best interest to expand into the area for aircraft maintenance that already exist, thereby increasing the footprint of aircraft, maintenance on the property, and running the risk of bringing other aircraft into the airfield over a densely developed residential property. Johnson said he does not believe it is a wise thing to do. VOTING: Ayes — 4; Nays — 1 (Steve Johnson voting against Commissioner Bowles asked the Planning Director to check into the been for Mr. Porter. If it was promised it needs to be delivered. Todd said it was not a condition of that rezoning. However, Todd will double check but feels it cannot be forced from a zoning perspective. Commissioner Johnson said he specifically mentioned, in those proceedings, that a berm should be there and the company agreed to do it. Chairman Bowles said he remembered a willingness from the company to do so and believes there should be a conversation with the company to remind them. Chairman Mallory asked the Clerk to the Board to research the minutes and share them with all parties. PLANNING STAFF REPORT REZONING CASE # 160 1 -1 STAFF PROJECT CONTACT: Jake Lowman EXPLANATION OF THE REQUEST This is a request to rezone 3.34 acres at 111 and 117 Yeager Road in Mooresville from M-2 CUD (Heavy Manufacturing Conditional Use District) to M-2 CD (Heavy Manufacturing Conditional District) with revised conditions. This request is conditional per the submitted site plan and will be limited to the uses attached to the request. OWNER/APPLICANT OWNER: 14 Alpha Inc. APPLICANT: 14 Alpha Inc. (Ralph Daetwyler) PROPERTY INFORMATION LOCATION: 1 11 and 1 17 Yeager Road in Mooresville, including a vacant track in between; more specifically identified as PINS 4638619902.000, 4638628024.000, and 4638627114.000 DIRECTIONS: Perth Road, right on Catawba Air Road, left on Yeager Road. SURROUNDING LAND USE: February 2, 2016 11 There are manufacturing uses and a runway to the north, residential and commercial uses to the east, and undeveloped residential lots to the south and west. SIZE: The combined acreage of the three lots is 3.34 acres. EXISTING LAND USE: Airplane hangars and storage. ZONING HISTORY: Zoned M-2 (CUD), Heavy Manufacturing Conditional Use District, this property was rezoned from RA, Residential Agriculture to M-2 (CUD) in 1990 (Case No. 9012-2). The conditions associated with this rezoning state that it is for use of hangars only. A very small strip along the rear of the property was also rezoned to M-2 (CUD) with the same conditions in 1994 (Case No. 9406-3). The conditions of the property have not changed since 1994. OTHER JURISDICTIONAL INFORMATION: This property is located within Mooresville's long range USA boundary. Mooresville Planning Department has no concerns with the rezoning. OTHER SITE CHARACTERISTICS: This property is located in the WS -IV Critical Area Catawba/ Lake Norman Watershed. The property is not located in a flood zone. UTILITIES: This site is currently served by well and septic. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count is just to the south of the site on Perth Road and had a traffic count of 9700 vehicles per day in 2011. The capacity for this section of Perth Road is 13,800 vehicles per day. SCHOOLS: This is a commercial rezoning and should have 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 did not address any concerns on the request. EMS: This proposal has been reviewed by the EMS Department. EMS did not address any concerns on the request. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant must provide a site plan to the Planning Division for review to change the use or develop the property further. Zoning requirements such as parking, landscaping and buffering will be reviewed again at such time. Plans will be reviewed by the Planning Division for compliance with Erosion & Sedimentation Control standards if any land disturbing activity will take place. 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 February 2, 2016 12 STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Low Density Residential, which includes traditional low-density subdivision developments and future low-density neighborhoods. The intent of these lands is that they provide a transition in intensity from rural to more urban uses and that they maintain a low-density residential character over time. Uses within this area generally should include single -family residences, accessory dwelling units, churches, parks, and institutional uses such as schools. The three parcels on Yeager Road owned by 14 Alpha are currently zoned M-2 CUD for hangar and storage uses only. There are two lots for hangar storage and one lot for plane tie downs. The owner wants to rezone the property to allow airplane maintenance in a portion of one building as specified on the site plan. No structural additions or building additions will occur. Other information to consider is that there are already properties adjacent to this site zoned M-2 CUD and M-2 including the runway. No other commercial uses will be considered in this proposal. The Planning staff can support the proposed rezoning request based on the following: though the 2030 Horizon Plan calls for this area to be Residential, the rezoning is consistent with the area. Only airplane related uses are proposed in this rezoning, and no other commercial uses will take place. Adjacent properties have been rezoned to M-2 and M-2 CUD in the past. This is a conditional zoning request with limited uses allowed and the request is site plan specific. No building additions will take place and the new use of airplane maintenance will only be allowed in one portion of an existing building. It should have a minimal impact on the adjacent properties. Potential traffic impacts should not exceed road capacity. PUBLIC INPUT MEETING: The public input meeting was held on November 24}h, 2015 at 6:00 pm on site. Two attendees from the community came to hear the proposal and voice their opinion. No concerns were voiced at the input meeting. SITE REVIEW COMMITTEE: David Aman and Jeff McNeely visited the site with staff on December 22nd, 2015. PLANNING BOARD ACTION: On January 6th, 2015, the Planning Board held a public meeting to hear the rezoning request. No citizens from the community attended the meeting. Two emails were sent to the board voicing concern for the rezoning. The board voted 9-0 in favor of the rezoning with the following motion: Motion to recommend in favor of the zoning map amendment and to advise that though it is inconsistent with the Iredell County 2030 Horizon Plan it is reasonable and in the public interest because it is consistent with post rezonings, the property is currently zoned for a high intensity use and will be a minimal change to the property, it is a conditional site plan specific request, and potential traffic impacts should not exceed capacity. APPOINTMENTS BEFORE THE BOARD (None) ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the consent agenda as follows: Request from Administration for approval of the First Amendment to the County funded Assistant District Attorney contract and BA #23. February 2, 2016 13 • Request from Tax Administration to report unpaid taxes and set an advertising date for tax liens. • Request from the Finance Department to approve BA #25 for the Worker's Compensation Self -Insurance Fund. • Request for approval of the January 19, 2016 minutes. • Approve a Proclamation to honor the Carolina Panthers' Football team OTION by Commissioner Steve Johnson to approve the consent agenda with one small amendment — "Go Peyton!" Chairman Mallory stated to let the record show Commissioner Johnson's loyalty to Peyton Manning with a certainty that this is to be his last game. VOTING: Ayes — 5; Nays — 0 Chairman Johnson asked to make a statement. He said, "There is one individual who has served the county for a number of years and he is, in essence, a wise gentleman. I think he was the first one to ever utter this word ... the term is inversion. I would like to point out, folks, we've lost another one. Johnson Controls will be leaving the country. They sold themselves for $14 billion in an effort to save themselves $150 million a year in federal taxes. It's picking up ... the divesting of America. Periodically I will be reporting back to pay tribute to a gentleman who is, in essence, wise who first uttered that term." Chairman Mallory said that would be an appropriate item to share with the State Economic Development team and local legislators in congress. ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS Animal Grievance Committee (2 Appointments) — Lori Root and Grant Miller have volunteered. MOTION by Commissioner Steve Johnson to appoint Lori Root and Grant Miller by acclamation. VOTING: Ayes — 5; Nays — 0 Board of Adjustment (1 Appointment) — Bill Leach has volunteered. MOTION by Commissioner Tommy Bowles to appoint Bill Leach. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD (None) February 2, 2016 14 NEW BUSINESS (None) COUNTY MANAGER'S REPORT County Manager Ron Smith reported that a new ECOM Director has been hired. Candy Strezinski will be moving from Burke County. She has already been beneficial with her connections to the 911 Board. Smith said Stryker stretchers for EMS were approved in the current budget. They have been purchased and placed in the ambulances. Training is in progress. Smith reported the zoning process for the jail expansion was completed the night before. Smith said the next Citizen's Academy will begin in March. Several have registered but are hoping for a few more. CLOSED SESSIONS Chairman Mallory said the Closed Session was completed during the pre -agenda. OTIO by Commissioner Steve Johnson to adjourn at 8:22 PM. (The next meeting will be Friday & Saturday, February 12 & 13, 2016, 9:00 AM, at the Lake Norman State Park Visitor's Center, 759 State Park Road, Troutman, NC) VOTING: Ayes — 5; Nays — 0 Date Approved Retha C. Gaither, Clerk February 2, 2016 15