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HomeMy WebLinkAbout9-5-2017 MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES September 5, 2017 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, September 5, 2017at 5:00 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 Tommy Bowles Gene Houpe Jeff McNeely Marvin Norman Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County Manager Beth Jones, Assistant County Manager Susan Robertson, Finance Director Debra Alford, Strategic Planner Ben Stikeleather, and Deputy Clerk to the Board Amy Anderson. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustments: Add: Administrative Matters — Proclamation of Congratulations and Appreciation to Retired Col. David Timothy Williams Administrative Matters — Discuss potential legislative goals for the NCACC APPOINTMENTS BEFORE THE BOARD Request from Tori Baker and Anthony Kennedy of Love Valley to address the Board: County Manager Ron Smith said Ms. Baker and Mr. Kennedy may speak at the 7p.m. meeting. PUBLIC HEARINGS Request from the Department of Planning & Development to conduct a public hearing to consider a request (Case #1708-1) from Timothy Gunter to rezone approximately 1.725 acres on W. Memorial Highway from Residential Agricultural (RA) to General Business (GB): Planning Director Matthew Todd said the request received a favorable recommendation from the Planning Board. The request is a straight rezoning request. There are commercial and industrial uses in the area. Request from the Department of Planning & Development to conduct a public hearing to consider a request (Case #1708-2) from Teramore Development to rezone approximately 1.97 acres at 1342 Shearers Road from Residential Agricultural (RA) to Neighborhood Business (NB): Planning Director Matthew Todd said the Planning Board heard a fair amount of concerns and opposition. Some neighbors are concerned if the development will potentially match the nearby Food Lion. The request does match the 2030 Horizon Plan. Chairman Mallory asked about a letter from the Town of Mooresville requesting the release of ETJ on this property and property located across Shearers Road. Todd said the letter included the proposed property and property to the west. September 5, 2017 Request from the Department of Planning & Development to conduct a public hearing to consider a request (Case #1708-3) from Neil Shepherd to rezone approximately 8.5 acres at 534 Jane Sowers Road from Single Family Residential (R-20) to General Business (GB): Planning Director Matthew Todd said the request originally included a larger parcel. There was a fair amount of opposition at the Planning Board meeting. The site is located in the middle of R20. Planning Board recommended against the rezoning even after the applicant tailored the request. Commissioner McNeely asked if Todd had heard from the applicant about changing the request. Todd said no. Commissioner Houpe said the owner would like to amend the request to include a 10 foot buffer so that he can maintain a buffer. Todd said depending on the change a survey may be required. The board discussed the option of continuing the public hearing depending on the severity of the change. Commissioner Houpe asked Todd to contact the owner and/or the applicant before the 7 p.m. meeting. Chairman Mallory asked Todd to go into some detail about the county wide zoning process at the meeting. ADMINISTRATIVE MATTERS Request from Animal Services to approve BA#7 and accept a grant from the ASPCA for $2,500 to provide fee waived adoptions for the Subaru Share the Love Event: Jessica Vaughn said the grant would cover the cost for adoptions, collars, tags, and advertising cost for at least 25 animals. This item was placed on the consent agenda. Request from the Sheriffs Department for a sole -source award of purchase contract with Ben Mynatt GM Megastore for three 2015 Chevrolet Caprice Sedans and one 2016 Chevrolet Tahoe Law Enforcement vehicles: Chief Deputy Bert Connolly said the vehicles are brand new and law enforcement ready. Ben Mynatt came in $900 below the original bid. Chairman Mallory asked if a budget amendment is required. Connolly said no the vehicles were approved in the FYI 8 budget. This item was placed on the consent agenda. Request from the Clerk to the Board for approval of the minutes from the meeting on August 15, 2017: There were no corrections. This item was placed on the consent agenda. Proclamation of Congratulations and Appreciation to Retired Col. David Timothy Williams: Chairman Mallory said that Col. Williams is a graduate of Statesville High School. Upon graduating from NC A&T he was commissioned into the infantry spending four years. He has worked the Defense Intelligence Agency. Williams entered back into active duty after 9/11. Williams was deployed to Iraq and Afghanistan respectively. He recently rounded out his military career serving as the Director of C4IS. September 5, 2017 Discuss potential legislative goals for the NCACC: County Manager Ron Smith presented the 2016/2017 goals. The board submits legislative goals to the NCACC yearly. Smith went over the current goals. Commissioner McNeely said a legislative session will be held in early 2018 and the county should be represented. The board discussed potential goals. Smith encouraged the board to email any potential goals to him before September 12, 2017 so that the board may discuss them at the next meeting. NEW BUSINESS There was no new business. COUNTY MANAGER'S REPORT County Manager Ron Smith had nothing to report. Chairman Mallory moved the Board into Closed Session at 5:48 PM. The Board moved from Closed Session at 6:50 PM into regular session. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES September 5, 2017 The Iredell County Board of Commissioners met in regular session on Tuesday, September 5, 2017, 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 Tommy Bowles Gene Houpe Jeff McNeely Marvin Norman Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County Manager Beth Jones, Assistant County Manager Susan Robertson, Finance Director Debra Alford, Strategic Planner Ben Stikeleather, and Deputy Clerk to the Board Amy Anderson. 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 said there was one adjustment to the agenda. A discussion of legislative goals for the NCACC. OTION by Commissioner Norman to accept the agenda as adjusted. September 5, 2017 VOTING: Ayes — 5; Nays — 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Request from Tori Baker and Anthony Kennedy of Love Valley to address the Board: Ms. Baker and Mr. Kennedy were not present. PUBLIC HEARINGS Request from the Department of Planning & Development to conduct a public hearing to consider a request (Case #1708-1) from Timothy Gunter to rezone approximately 1.725 acres on W. Memorial Highway from Residential Agricultural (RA) to General Business (GB): Planning Director Matthew Todd said the property is currently vacant. Planning staff supports this request based on the following: the 2030 Horizon Plan calls for this area to be Rural Commercial, the lot is adjacent to commercially and industrially zoned property, and traffic impact should not exceed road capacity. The Planning Board voted 7-0 in favor of the request. There have been no questions or concerns voiced from the public. Commissioner Houpe asked if there had been any opposition from the community. Todd said no. Chairman Mallory opened the public hearing. No one wished to speak about the case. Chairman Mallory closed the public hearing. MOTION by Commissioner Houpe Motion to approve 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 within the rural commercial designation, it is adjacent to commercially zoned property, and traffic impacts will not exceed road capacity. VOTING: Ayes — 5; Nays — 0 PLANNING SFAFF REPORT REZONING CASE# 1708-1 STAFFPROJECTCONTACT: Jake Lowman EXPLANATION OF7HEREQuESr This isa request to rezone approximately 1.725 acreson W. Memorial Highway from Residential Agricultural (RA) to General Business (GB). This is a straight rezoning and no conditions are proposed at thistime. OWNERIAPPLICANT OWNER -Timothy Gunter (Gunter Grading) PROPERTY IN FO RM ATIO N September 5, 2017 4 LOCATION: W Memorial Highway adjacent to 1719 W Memorial Highway; more specifically PIN 4853202444.000. DIRECTIONS: No rt h o n 1-77; Exit 65 to Hw y 901; Le ft o n 901; Pro p e rty is 1.25 m ile s on the left SURROUNDING LAND USE There are commercial uses to the north. There is vacant property/farmland to the south and east, and there isa residence to the west. SIZE: The acreage to be rezoned isapproximately 1.725 acres. EXISTING LAND USE The property isvacant ZONING HISTORY: The property wasrezoned RA with countywide zoning. OTHER JURISDICTIONAL INFO RMATION: The property isnot located in anotherjurisdiction'sUrban service Area. OIHERSIIECHARACTERISTICS: The property isnot located in a protected area watershed or in a flood zone. IMPACTSON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count was on W. Memorial Highway less than one mile from the proposed parcel and had a traffic count of 4,300vehiclesperdayin 2015. The capacity forthis section of W. Memorial Highway isapproximately 12,400 vehiclesperday. SCHOOLS:lhisisa commercial rezoning and should have no implicationson local schools. FIREMARSHAL• Thisproposal has been reviewed by the Iredell County Fre Marshal's Office. The Fre Marshal's Office did not addressany concernson the request. EMS: 1hisproposalhasbeen reviewed bythe EMSDepartment. ENISdid not addressany concerns on the request. UTILITIES: There ispublic waterin the area. The site would be served by a septic system. REQUIRED REVIEWS BY OTHER AG ENC IES LOCAL The applicant must provide a site plan to the Planning & Development Department for review to develop the property. Zoning requirementssuch asparking, landscaping, and buffering will be reviewed at such time. Erosion & sedimentation control standardswill also be reviewed for compliance. STATE Otherthan building code, there should be no formal state agency review at thistime. FEDERAL None at thistime. STAFFAND BOARD COMMENTS September 5, 2017 5 STAFFCOMMENIS: The 2030 Horizon Plan callsforthisarea to be Floral Commercial, which includes existing commercial uses or areas intended for future commercial use that are located along major roadwaysin rural areas. "The intent of these areasisthat they will remain rural in character for the planning period and will not be serviced by public or private water and sanitary sewer systems. Land usesappropriate within %ral Commercial areasinclude supporting farm services, small-scale commercial uses such as small markets, convenience stores, small neighborhood service businesses, restaurants, churches, and institutional uses. The Planning staff can support the proposed rezoning request based on the following: the 2030 Horizon Plan callsfor this area to be rural commercial, which allowsfor small scale commercial development. However, the parcel adjoinsa rural industrial node aswell and isacrossthe road from smilarand higherintenstyzoning desgnationsand uses. SITEFEVIEW COMMRIEE Dennis Hutchens, Chris Carney, Jerry Santoni, and Vickie Sawyervisited the ste with staff on July 19, 2017. PLANNING BOARD ACTION: On August 2nd 2017, the Planning Board held a public meeting to hear the rezoning request. No one spoke in opposition to the request. The board voted 7-0 to recommend in favorof the rezoning with the following motion: Motion to approve the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval isreasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because it is within the rural commercial designation, it isadjacent to commercially zoned property, and traffic impacts will not exceed road capacity. Request from the Department of Planning & Development to conduct a public hearing to consider a request (Case #1708-2) from Teramore Development to rezone approximately 1.97 acres at 1342 Shearers Road from Residential Agricultural (RA) to Neighborhood Business (NB): Planning Director Matthew Todd said the proposed rezoning is across the road from an existing Food Lion that is within the town limits of Mooresville. Planning staff supports the request based on the following: the 2030 Horizon Plan calls for this area to be Rural Commercial, property is adjacent to a retail shopping center, and mixed use designations. Planning Board voted 5-2 in favor of the request after hearing concerns from neighboring citizens. Todd explained most concerns centered on aesthetics of the site, drive way NCDOT access permits, and the site fitting in with the general characteristics of the area. Commissioner McNeely asked where Mooresville ETJ and town limit begins. Todd said Mooresville's ETJ is scattered throughout the northern part of Shearers Road. Chairman Mallory asked Todd to explain the letter the county recently received from the Town of Mooresville. Todd said the Town of Mooresville sent a letter requesting release of ETJ of this site and some adjoining properties to the town. Todd explained the release of ETJ process. The town is responsible for conducting a public input meeting to gather input from the area that is impacted. The town then makes an argument to the Board why the release should happen. The Board can vote on the release. Todd said the process can roughly take up to two months. Commissioner McNeely asked if the proposed East/West Connector would come in near the intersection of Shearers Road and Rocky River Road. Todd said the general plan shows the September 5, 2017 6 connector road coming through that area and most likely tying in with Rocky River but that has yet to be determined. Commissioner McNeely said the proposed Connector Road has the potential to be a large road. Robert Brown, legal representative of Teramore Development, spoke in favor of the request. Brown said Teramore Development met with most neighbors after the Planning Board meeting to appease any issues they had. Teramore Development had a Traffic Impact Analysis (TIA) done although is not required for this request. Brown presented the board with a copy of the TIA. Tom Hodges, Teramore Development, was available to answer any questions. Hodges said Teramore is working with the adjoining property owners as much as possible to address their concerns. Teramore Development has made a good name of themselves with developing Dollar General Stores. Hodges presented a rendering of the proposed store for the site. The store will mirror the architecture across the street as much as possible. Three full sides that are visible will be masonry. Hodges explained that Teramore Development is flexible and is open to any suggestions from adjoining owners. Commissioner Houpe asked if Dollar General taps into water and sewer if the services are available. Hodges said it is not advantageous at this point in the project. Teramore is currently in a lease with Dollar General. The budget for the project includes well and septic and spacing requirements for the well have also been met. Commissioner Houpe said the board is in comprehensive process with the Town of Mooresville about ETJ releases. Town of Mooresville zoning is across Shearers Road. Commissioner Houpe asked if the project time line would be in jeopardy if the board takes 30-60 days to speak more in depth with Mooresville. Hodges said yes. He would prefer the board vote on the rezoning tonight. Hodges said an agreement could potentially be made with Mooresville that the property will tap into water and sewer once it is available. Brown said the rezoning is a condition placed on a contract of sale between Teramore and the current owner. Commissioner Bowles said the board does not have aproblem with the proposed rezoning. The board has been in negotiation with the town for quite some time about the release of ETJ process. This is a specific area that lies in the path of progress. The concern is the standards the property is going to be developed under. The town requires storm water run-off, curb and gutter. Commissioner Bowles said voting on the rezoning tonight would throw a wrench in what has been worked on. The Planning Board and staff was unaware of the conversations with Mooresville. Brown said the concerns could have been looked into had Teramore Development been made aware of the conversations between the county and Mooresville. Hodges said storm water management, curb and gutter are both being proposed in the project. Hodges said most of Mooresville's standards are currently being met. Hodges asked that the case move forward. September 5, 2017 Commissioner Mallory suggested that Teramore take 30 days and meet with the Town of Mooresville. Consider options of water and sewer. Brown asked if a commissioner could be involved in the meeting. Commissioner Bowles asked that the county finish talks with the town about this particular area. It is prudent to open the public hearing and delay the decision until the October 3, 2017 meeting. Commissioner Bowles said he believes the county is close to agreeing to change the release of ETJ process with Mooresville. Brown said he reached out to the Town of Mooresville earlier today and did not hear back. He asked to readdress the board after the public hearing. Chairman Mallory opened the public hearing. William Breinich, Sr., 1352 Shearers Road, spoke against the rezoning because of traffic, noise, and lighting concerns. He said the rezoning would negatively impact adjoining property values. Breinich said Dollar General has been known to violate the hazardous waste control act in California. William Breinich Jr, of Concord, NC, spoke against the rezoning. Adding another retail outlet would increase the current problems of traffic and loitering. Janice Karriker, 1332 Shearers Road, spoke in favor of the request. Hodges said Teramore can address any concerns the neighbor have. Hodges agreed to continue the hearing at the October 3, 2017 meeting and develop a game plan with the jurisdictions involved during that time. Chairman Mallory encouraged Hodges to reach out to the Town of Mooresville while the county continues their conversations. Chairman Mallory closed the public hearing. Commissioner McNeely asked when an announcement of a meeting regarding the ETJ release will be announced. County Manager Ron Smith said the county received the letter however there are more steps that need to be taken. The Town of Mooresville would have to conduct a public meeting. Chairman Mallory asked the legal ramifications if Mooresville is in the process of the ETJ release and the board's decision on the rezoning is subsequent to it. He asked if the property grandfathered into county zoning. County Manager Ron Smith said the town's request cannot be bedded and followed before the October 3, 2017 meeting. County Attorney Lisa Valdez said Mooresville's regulations would not go in place until the property was zone. Mooresville would have a claim for vested rights under their approval here having them grandfathered in under what was submitted to the board. Brown said the jurisdictional issue will not be worked out in 30 days. He said his team will meet with Mooresville to see what requirements can be met and come back to the board with September 5, 2017 conditions on how Teramore will comply with Mooresville's jurisdiction and proceed with the rezoning request. Valdez reminded the board that the rezoning is a straight request and the decision is not contingent upon what Teramore is proposing. Commissioner Houpe said the public hearing was closed. Chairman Mallory re -opened the public hearing. MOTION by Commissioner Bowles to continue the public hearing to the October 3, 2017 meeting. VOTING: Ayes — 5; Nays — 0 PLANNING STAFF REPORT REZONING CASE# 1708-2 SI•AFFPROJECTCONTACT: Jake Lowman EXPLANATION OFTHEREQUESr This is a request to rezone approximately 1.97 acres at 1342 Shearers Rd. from Residential Agricultural (RA) to Neighborhood Busness(NB). Thisisa straight rezoning and no conditionsare proposed at thistime. OWNERIAPPUCANT OWNER David Sha no APPLICANT: Chris F. West (Teramore Development, LLC) PRO PERTY IN FO RM ATIO N LOCATION: 1342 Shearers Rd ; more specifically PIN 4665440352.000. DIRECTIONS: South on Shearers Rd. from Mooresville; Property ison the right near the intersection of Rocky Iver Rd. SURROUNDING LAND USE There are commercial usesto the east and north. There isresidential property to the north, west, and south. SIZE: The acreage to be rezoned isapproximately 1.97 acres. EXISTING LAND USE: The property currently containsa single family residence. ZONING HISTORY: The property waszoned RA with countywide zoning. OTHER JURISDICTIONAL INFORMATION: Ibis property is located near Mooresiille's Urban Service Area. The town expressed no concernsabout the rezoning. September 5, 2017 9 OTHER SITE CHARACTERISTICS: The property isnot located in a protected area watershed or in a flood zone. IMPACTSON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count was on Shearers Road near the proposed parcel and had a traffic count of 11,000 vehicles per day in 2015. The capacity for this section of Shearers is approximately 12,400 vehiclesperday. SCHOOLS: Thisisa commercial rezoning and should have no implicationson local schools FTREMARSHAL• Thisproposal has been reviewed by the Iredell County Fre Marshal's Office. The Fre Marshal's Office did not addressany concernson the request. EMS: Thisproposalhasbeen reviewed bythe EMSDepartment. EMSdid not addressany concerns on the request. UTILITIES:Thissite iscurrently served by well and septic. REQUIRED REVIEWS BY OTHER AG ENC IES LOCAL The applicant must provide a site plan to the Planning & Development Department for review to develop the property. Zoning requirementssuch asparking, landscaping, and buffering will be reviewed at such time. Erosion & sedimentation control standardswill also be reviewed for compliance. STATE Otherthan building code, there should be no formal state agency review at thistime. FEDERAL None at thistime. STAFFAND BOARD COMMENTS STAFFCOMMENTS The 2030 Horizon Plan callsforthisarea to be Rural Commercial, which includes existing commercial uses or areas intended for future commercial use that are located along major roadwaysin rural areas. The intent of these areasisthat they will remain rural in character for the planning period and will not be serviced by public or private water and sanitary sewer systems. Land usesappropriate within Rural Commercial areasinclude supporting farm services, small-scale commercial uses such as small markets, convenience stores, small neighborhood service businesses, restaurants, churches, and institutional uses. The Planning staff can support the proposed rezoning request based on the following: the 2030 Horizon Plan callsfor this area to be rural commercial, which allowsfor small scale commercial development. The property is across the road from a retail shopping center and is near other commercial designations. SITEREVIEVVCOMMITTEE Dennis Hutchens, Chris Carney, Jerry Santoni, and Vickie Sawyervisited the ste with staff on July 19, 2017. PLANNING BOARD ACTION: On August 2nd 2017, the Planning Board held a public meeting to hearthe rezoning request. Multiple ownersvoiced concernsabout traffic, lighting, and buffering of the proposed property. The board voted 5-2 to recommend in favor of the rezoning with the following motion: September 5, 2017 10 Motion to recommend in favorof the zoning map amendment and to make a finding that the approval isconsistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest and furthersthe goalsof the 2030 Horizon Plan because it is within the rural commercial designation and isadjacent to commercially zoned property. Request from the Department of Planning & Development to conduct a public hearing to consider a request (Case #1708-3) from Neil Shepherd to rezone approximately 8.5 acres at 534 Jane Sowers Road from Single Family Residential (R-20) to General Business (GB): Planning Director Matthew Todd said the original request included approximately 20 acres. During the Planning Board meeting the applicant agreed to change the request to only include approximately 8.5 acres. The Planning Board voted 7-0 for denial of the request. Planning staff does not support the request based on the following: the 2030 Horizon Plan calls for the area to be Low Density Residential and the property is surrounded by residential uses. Staff suggests that the request be conditional zoning district to mitigate issues with surrounding properties. Todd said the applicant has tailored the request down to only include the parcel with the existing buildings which is approximately 5.68 acres. Todd said the parcel includes 10 feet beyond the existing fence. Commissioner Houpe said the new request only includes the area of what was used as the cabinet shop. There is an existing fence around that property. Commissioner Houpe said this area was left out of the 2030 Horizon Plan. Todd said the property was not identified as a commercial use when county wide zoning went into effect in 1991. Todd explained there is no record as to why. The area is identified as residential in the 2030 Horizon Plan. Commissioner Houpe said the property owner is willing to put slats in the current fence or some type of barrier. The owner has also said he would put a barrier or fence behind the salon. Todd said if the property is rezoned the Land Development Code will require more than the existing fence. Commissioner Houpe said the fence is 10 foot within the property line allowing the property owner room to maintain the fencing. Commissioner Bowles said the vacant field is no longer included in the rezoning request. He also asked which line represents the fence. Todd said the line is within 10 feet of the parcel that is being requested. Todd explained that if the board decides to approve the rezoning request, in order to stay within the NC General Statutes, justification for the approval needs to be provided in the motion. Commissioner Houpe said reasons to approve the request can be based on the following: the property has been used as commercial in the past and there are existing commercial buildings. There are several sites similar to this one in the county. Commissioner Houpe said the county needs to address the issue to allow vacant commercial parcels to be used again. The current property has been used to commercial use during its entire existence. Todd said Planning staff cannot find reasons to support the rezoning since they are recommending in denial. September 5, 2017 I 1 Commissioner Bowles asked Todd why he thought the property was not assigned a zoning designation in 1991. Todd explained the process for the implementation of county wide zoning. Property owners at that time were allowed to request that property be included or not be included in county wide zoning. Todd said the property is in a large R20 area and it may have been intentionally left out under the impression that the cabinet shop was fine to continue. Commissioner McNeely said he was involved in the county wide zoning process. He said R20 did not show up in this particular area until 1995 or so. Commissioner Houpe said as a citizen and tax payer he would like to see these type of sites be utilized. The property owner is known to maintain his current properties. Commissioner Houpe said he understands why the Planning staff cannot support the request. The board wants current facilities in use for economic development and job creation. Todd said the Planning staff recognizes that there are commercial buildings on site. Staff felt that a conditional use was the better route to take. Todd said some future text amendments may make this process easier. Commissioner Houpe said the Planning Board recommended against the original request of 20 acres and also an amended request for eight acres. The current request on the table only includes the old commercial site used as a cabinet shop. Chairman Mallory opened up the public hearing. Neil Shepherd, applicant, spoke in favor of the request. He said the rezoning would fix the current zoning issue. Mr. Shepherd said the entire 20 acre tract was originally requested because a small portion is identified as Employment Center/Industrial Flex Office Space in the 2030 Horizon Plan. The owner decided to tailor the request because of the concerns shared over the unknown use of the soy bean field. Shepherd explained the current request includes only the old cabinet shop. Property owner, Chris Cartner, has contacted most of the adjoining owners who spoke against the request to address their concerns. Cartner has good intentions for the property. Shepherd said the property has been commercial for decades. The property may be zoned R20 but no one is going to live there. Cartner is attempting to correct the zoning so the property can be used. Shepherd said denying the request will put the property into a path of disrepair. Mike Douglas, 687 Jane Sowers Road spoke in favor of the request. He said denying the request would be holding back something good for the neighborhood. Douglas said Cartner is a reputable business owner in the area. Robert Scott, 219 Brookview Road spoke in favor of the request. He said the rezoning would be an improvement to the area. Cartner can create something good out of the property. Jeff Stephens, 114 W. Meadowview Drive, shared concerns over the rezoning. Stephens said he shares two property lines with the property. There was a mobile home on the property at one time. Stephens said there should be a desired use for the property before the rezoning is granted. Stephens asked that more screening be put in place. Cartner recently placed slats in the fence but that does not provide adequate screening. Stephens said he is concerned about the unknown of the property. September 5, 2017 12 Tina Stephens, 114 W. Meadowview Drive, spoke against the request because of the lack of conditions. Stephens provided pictures of Cartner's current business showing inadequate screening from neighbors. The business is fenced but the business is still in someone's backyard. Stephens also provided current pictures of her backyard. Randy Stotts, 515 Jane Sowers Road spoke in favor of the rezoning. He said Cartner plans on using the same entrance as the cabinet shop. Starts said the rezoning will create more tax revenue. Denying the rezoning would force Cartner to sell the property. Chairman Mallory closed the public hearing. Commissioner Houpe said most neighbors were against the original request because a site plan was not provided. The current request only includes the old cabinet shop eliminating those concerns. Commissioner McNeely said there is very little room in the property's current zoning district to improve the property. OTION by Commissioner McNeely to approve the zoning map amendment since the request has been scoped down and to make a finding that though the approval is consistent with the adopted 2030 Horizon Plan because the property should have been listed in the plan, and said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan if it had been included because it allows the current state of the property to be used and become a functional part of the community because. VOTING: Ayes — 5; Nays — 0 PLANNING STAFFREPORT REZONING CASE# 1708-3 STAFF PROJECTCONTACT: Jake Lowman EXPLANA110N OFTHEREQUEST this is a request to rezone approximately 8.5 acres at 534 Jane Sowers Pd. from Single Family Residential (R20) to General Business (GB). this is a straight rezoning and no conditions are proposed at thistime. OWNEJAPPIJCANT OWNER Christopher Cartner APPUCANT Neil Shepherd, PE, PLS(Blue Ridge Engineering PLLC) PRO PER y IN FO RM A710 N LOCATON: 534 Jane Sowers PdI more specifically PIN 4756347763.000 & a portion of PIN 4756346287.000. DIRECTIONS: September 5, 2017 13 North on Turnersburg Highway from Statesville; Fight on Jane Sowers; Property is 1.5 miles on the right SURROUNDING LAND USE There are residential usesthat surround thisproperty. There isfarmland to the west that hasbeen removed from the original request 9ZE The acreage to be rezoned isapproximately 8.5 acres. EXISIING LAND USE A 5 acre portion of the property was previously used as a cabinet making business. The use was initiated prior to county -wide zoning and was able to operate as legal non -conforming business. Now that the business has not been operational for years, the use has lost its legal non -conforming status. The rest of the property is vacant and has been used for farmland. ZONING HISTORY: The property waszoned R-20 with countywide zoning. OTHER JURISDICTIONAL INFO RMATION: Thisproperty islocated in Statesville'sLong Range Urban Service Area. The Statesville Planning office stated that they would not support this request, as their land use plan showsthisarea asLow Density Residential, and they also feel straight general businessisnot an appropriate zoning designation for this location. OTHER SITE CHARACTERISTICS The property isnot located in a protected area watershed. The property isnot located in a flood zone. IMPACTSON LfJCALINFRASIRUCTUREAND/ORFACIUTES TRAFFIC: The closest traffic count wason JanesSDwersRoad nearthe proposed parcel and had a traffic count of 2,500 vehiclesperday in 2015. The capacity forthissection of Jane Sowersis approximately 12,400 vehiclesperday. SCHOOLS: Thisisa commercial rezoning and should have no implicationson local schools. FIREMARSHAL• Thisproposal has been reviewed by the Iredell County Fre Marshal's Office. The Fre Marshal's Office did not addressany concernson the request. EMS: lhisproposalhasbeen reviewed bythe EMSDepartment. EMSdid not addressany concerns on the request. UTILITIES: There ispublic wateravailable in the area. The site isserved by a septic system. REQUIRED REVIEWS BY OTHER AG ENC IES LOCAL The applicant must provide a site plan to the Planning Division for review to develop the property. Zoning requirements such as parking, landscaping, and buffering will be reviewed at such time. Erosion & sedimentation control standardswill also be reviewed forcompliance. STATE Otherthan building code, there should be no formal state agency review at thistime. FEDERAL None at thistime. STAFFAND BOARD COMMENTS September 5, 2017 14 STAFF COMMENTS: The 2030 Horizon Plan callsforthisarea to be Low Density Residential, which include traditional ow -density subdivision developments and future low- density neighborhoods. Landsmay be serviced by public or private water and sanitary sewer or private well and septic systems. These areas are both within and outside the Iredell County Urban ServicesAreas. Low -Density Residential Iandswithin the Urban Services Area may be serviced by and incorporated into one of the municipalities at some point in the future. The intent of these lands is that they provide a transition in intensty 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 asschools. Planning staff has recommended that the owner/applicant only rezone the parcel with the existing buildings and exclude rezoning any portion of the 15 acre tract. Staff has also recommended that the rezoning district be conditional. Staff would like to see the existing facility be used, but the facility haslost itslegal non -conforming statusand must be rezoned in orderfor the propertyto be used ascommercial. The Planning staff cannot support the proposed rezoning request based on the following: the 2030 Horizon Plan calls for this area to be low-density residential, which doesnot allow for large scale commercial development and general business uses. The property is surrounded by residential uses. SITEREVIEVIICOMMITTEE Dennis Hutchens, Chris Carney, Jerry St3ntoni, and Vickie St3wyervisited the site with staff on July 19, 2017. PLANNING BOARD ACTION: On August 2nd 2017, the Planning Board held a public meeting to hear the rezoning request. Multiple owners spoke in opposition to the request. Concerns were voiced about traffic and buffering of the proposed property. Adjoining ownerswere concerned about the potential usesthe property could have in the future. During the meeting, the applicant chose to tailorthe request and eliminate the majority of the 15 acre parcel from the request. This narrowed the rezoning request to approximately 8.5 acres. The board voted 7-0 to recommend denial of the rezoning with the following motion: Motion to recommend denial of the zoning map amendment and to make a finding that the denial isconsistent with the adopted 2030 Horizon Plan and that said denial isreasonable and in the public interest and the rezoning doesnot furtherthe goalsof the 2030Horizon Plan because it issurrounded by residential uses it isnot within a commercial designation of the Horizon Plan, and it isnot in harmony with the area. ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the consent agenda items as follows: • Request from Animal Services to approve BA #7 and accept a grant from the ASPCA for $2,500 to provide fee waived adoptions for the Subaru Share the Love Event. • Request from the Sheriff's Department for a sole -source award of purchase contract with Ben Mynatt GM Megastore for three 2015 Chevrolet Caprice Sedans and one 2016 Chevrolet Tahoe Law Enforcement vehicles. • Request from the Clerk to the Board for approval of minutes from the meeting on August 15, 2017. • Smith said the Board held a discussion about the goals for the NCACC Annual Conference. Goals will be collected within the next week. September 5, 2017 15 At this time, Chairman Mallory said during pre -agenda the board discussed a proclamation of Congratulations and Appreciation to Col. David Timothy Williams upon his retirement from the United States Army. The proclamation will be presented to Col. Williams at a future meeting. OTION by Commissioner Norman to approve the consent agenda. VOTING: Ayes — 5; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS (None) UNFINISHED BUSINESS (None) NEW BUSINESS Commissioner Houpe publically thanked Iredell Statesville School Board Chairman Martin Page and School Superintendent Brady Johnson for inviting the board to the Career Academy and Technical School. Representative Tedd Budd and local citizens were given a tour of the facility. Commissioner Houpe also thanked Representative Budd for taking time to visit. COUNTY MANAGER'S REPORT County Manager had nothing to report. CLOSED SESSIONS Closed session was held after pre -agenda and there is nothing to report. ADJOURNMENT OTION by Commissioner McNeely to adjourn at 8:34 PM (The next regular meeting will be Tuesday, September 19, 2017,5:00 PM, in the South Wing Conference Room, Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 5; Nays — 0 Date Approved Amy B. Anderson, Deputy Clerk September 5, 2017 16