HomeMy WebLinkAbout09-05-2023
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September 5, 2023
IREDELL COUNTY BOARD OF COMMISSIONERS
PRE-AGENDA SESSION
September 5, 2023
The Iredell County Board of Commissioners met in pre-agenda session on Tuesday,
September 5, 2023 at 4:00 PM, in the Commissioners’ Meeting Room located in the Iredell County
Government Center 200 South Center Street, Statesville, NC.
Board Members Present
Chair Melissa Neader
Vice Chair Bert Connolly
Scottie Brown
Gene Houpe
Brad Stroud, Sr.
Staff present: County Manager Beth Mull, Deputy County Manager Susan Robertson,
County Attorney Lisa Valdez, Finance Director Deb Cheek, and Clerk to the Board Amy
Anderson.
CALL TO ORDER: Chair Neader called the meeting to order.
ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull went over the
following adjustments:
ADD: VIII.6 – Approval of a Deed for Highway Right of Way to the NC Department of
Transportation for Turnersburg Highway.
REMOVE: VIII.3 – Request from the Finance Department for approval of State
Employee's Credit Union ATM renewal located at Government Center South.
Economic Development from Closed Session.
PUBLIC HEARINGS
Planning Director Matthew Todd briefed the Board on the following public hearings.
Public hearing to consider a request from Applicant/President Mitch Johnson, of
JMS Southeast, Inc., to rezone approximately 1.26 acres along Beulah Road for expansion
of an existing industrial use. Todd said the property is adjacent to an existing business and the
business is proposing to expand. There are industrial/commercial uses in the area then transitions
to residential. Todd noted there was some opposition and concern at the Planning Board meeting.
There are two houses on each lot. The one house will be demolished if the rezoning is approved.
The family of the elderly lady in the other home spoke at Planning Board about having a
commercial use next door. There are also some issues with storm water flow that has been
happening since the 1980s. The current business has some measures in place with curbing in an
attempt to control storm water. Todd said from a regulatory standpoint there will be erosion control
measures in place for the development that will address some of the issues but the long-term storm
water impacts from an increased impervious area there is nothing specifically to address those.
Todd said the applicant may share some more information during the public hearing. Todd noted
the rezoning is not conditional.
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September 5, 2023
Commissioner Houpe asked what a conditional rezoning would require regarding the storm
water.
Todd said if the storm water is a concern and the request was conditional a storm water
management plan could be required. However the request is not conditional. The applicant may
have already taken this into consideration. Watershed restrictions do not come into play for the
property in question.
Commissioner Houpe said the family of the elderly lady would like for the business owner
to wait and expand until she no longer lives there.
Todd said the larger concern seemed to be the commercial use while the elderly lady lived
in the home.
Attorney Lisa Valdez reminded the Board that attorney Gary Thomas will be sitting in for
this public hearing.
Public hearing to consider a request from Applicant/Owner Phillip Rotella, of Lake
Vision Development, Inc., to rezone approximately 1.6 acres along Brawley School Road in
order to initiate compliance of an existing code violation. Todd said one portion of the property
is Highway Business. The property was rezoned in 2001. All three properties are owned by the
same owner. In 2021, the owner’s vision was to use the property for retail sale of commercial
inventory. Since then, it has developed into his personal business, contractor facility, which is not
allowed in Highway Business. There is an issue there and the owner has been ex panded the use
onto the Residential Agricultural zoned area. The owner is in violation of the zoning ordinance
and in order to resolve the business needs to be removed from the RA. There are also some
impervious issues on the HB side and concrete would be need to pulled up or rezone to allow the
use and start the permitting process with a site plan. The owner has elected to try for the rezoning.
Todd noted the owner did not show up at the Planning Board meeting or send a representative, and
according to the Planning Board’s Rules of Procedure they may deny the request. Planning Board
did recommend in denial of the request. Todd said the request fits the 2030 Horizon Plan.
Chair Neader asked if there were complaints about the property.
Todd said a complaint came in and it was determined the property was not in compliance.
The owner was notified and given the options.
Commissioner Brown asked how long the owner has been at the property.
Todd said the property was rezoned in 2021 and built the facility thereafter.
Chair Neader asked what the owner’s next steps are if the request is denied.
Todd said staff would move forward with the zoning violation and enforcement aspect.
Vice Chair Connolly said the owner was out of compliance and expanded even further.
Chair Neader said the owner has three parcels; one is zoned for the business however that
spilled over to the other two properties so all three parcels are out of compliance.
Todd said correct. The HB zoning designation does not allow the current use of the
property. The owner is doing a higher use than what HB allows. Todd said the owner would need
to rezone to General Business to continue the same use.
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September 5, 2023
Commissioner Brown asked if the owner could rezone the one parcel.
Todd said because of watershed issues, the owner needs the other properties to meet what
he has already done with impervious.
Chair Neader asked County Attorney Lisa Valdez for thoughts on the request.
Valdez said it is fair for the applicant to apply for a rezoning in order to correct a violation.
She went on to say it sounds as though it is all or nothing because if the HB site is only corrected
it still would not meet the zoning ordinance.
Chair Neader said the citation process tends to drag out for long periods of time. The
ultimate goal would be for the owner to have a business, clean it up, and be within compliance.
Valdez said Planning staff seeks the voluntary compliance. When that does not happen
Valdez gets involved. There are several aspects of this property coming into compliance.
Chair Neader asked if staff knew why the owner did not attend Planning Board.
Todd said staff contacts owner/applicants before each Planning Board meeting. Todd said
the applicant told him he forgot about the meeting.
ADMINISTRATIVE MATTERS
Request from the Register of Deeds for approval of a Resolution authorizing the
County Manager and County Finance Director the authority to grant refunds for excise tax
on real property pursuant to NC G.S. 105-228.37(a1). County Manager Beth Mull said the The
North Carolina General Assembly amended G.S.105-228.37 to authorize Boards of County
Commissioners to delegate to the County Manager and County Finance Director the authority to
grant a request for a refund of overpaid excise taxes, as opposed to the request being heard by the
Board. The proposed process would facilitate a more efficient procedure for qualifying taxpayers
to get refunds without Board action.
RESOLUTION AUTHORIZING THE COUNTY MANAGER AND COUNTY FINANCE DIRECTOR THE
AUTHORITY TO GRANT REFUNDS FOR EXCISE TAX ON REAL PROPERTY CONVEYANCES
PURSUANT TO NC G.S. 105-228.37(a1)
The North Carolina General Assembly amended G.S. 105-228.37 to authorize Boards of
County Commissioners to delegate to the County Manager and County Finance Director
the authority to grant a request for a refund of overpaid excise taxes, as opposed to the
request being heard by the Board. The proposed process would facilitate a more efficient
procedure for qualifying taxpayers to get refunds without Board action.
The following resolution applies:
WHEREAS, the General Assembly amended G.S. 105-228.37 to authorize Boards
of County Commissioners to delegate to the County Manager and/or County Finance
Director the authority to grant a request for a refund of overpaid excise taxes; and
WHEREAS, the Iredell County Board of Commissioners recognizes this
amendment facilitates a more efficient procedure for qualifying taxpayers to get refunds
without Board action; now therefore it is RESOLVED, the Iredell County Board of
Commissioners, pursuant to provisions of HB674, Session Law 2022-50, Section 2.1, enacted
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September 5, 2023
as G.S. 105-228.37(a1), does hereby authorize the County Manager and/or the County
Finance Director to grant valid requests for refunds of overpayment of excise taxes.
This item was placed on consent.
Request from Planning & Development to consider calling for a public hearing
on September 19, 2023 at 6:00 p.m. in regard to a text amendment to the Land
Development Code. Mull requested calling for a Public Hearing on September 19, 2023 at 6pm
in regard to a text amendment to the Lane Development Code.
Chair Neader said the Board is familiar with the issue and requested the Board read
the requested changes.
Mull said the text amendments went through two readings with the Planning Board
and they have recommended approval.
This item was placed on consent.
County Construction Projects Update. The update was included in the Board’s
packet. There were no questions.
Request from Clerk to the Board for approval of the minutes from the meeting
on August 15, 2023.
Approval of a Deed for Highway Right of Way to the NC Department of
Transportation for Turnersburg Highway. Mull said this is a part of the Turnersburg Highway
road widening project in front of the Health Department. Mull thanked Valdez for taking the lead
and advocating on the County’s behalf. The State amended the original proposal and more of the
pavement was moved to the other side of the road. There are still s ome provisions that staff has
concerns over but it has gone as far as possible. It does change the entrance of the Health
Department to right turn only. Staff has talked with the adjoining property owner on James Farm
Road to see about a shared access.
Valdez said if the Deed for Highway Right of Way is not approved the next step is to
file condemnation paperwork and that is only an exercise as far as the value of the compensation.
This item was placed on consent.
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Chair Neader explained during Public Comment Period at the August 19, 2023
meeting, the timer was inadvertently left at 5 minutes. Each speaker was given the same amount
of time. However, the correct time allowed for Public Comment Period is 3 minutes and going
forward each speaker will have 3 minutes.
At this time, the Board entered into Closed Session.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
September 5, 2023
The Iredell County Board of Commissioners met in regular session on Tuesday, September
5, 2023 at 6:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government
Center, 200 South Center Street, Statesville, NC.
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September 5, 2023
Board Members Present
Chair Melissa Neader
Vice Chair Bert Connolly
Scottie Brown
Gene Houpe
Brad Stroud, Sr.
Staff present: County Manager Beth Mull, Deputy County Manager Susan Robertson,
County Attorney Lisa Valdez, Finance Director Deb Cheek, and Clerk to the Board Amy
Anderson.
CALL TO ORDER by Chair Neader.
INVOCATION: by Commissioner Brown.
PLEDGE OF ALLEGIANCE led by Chair Neader.
ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull went over the
following adjustments:
ADD: VIII.6 – Approval of a Deed for Highway Right of Way to the NC Department of
Transportation for Turnersburg Highway.
REMOVE: VIII.3 – Request from the Finance Department for approval of State
Employee's Credit Union ATM renewal located at Government Center South.
Economic Development from Closed Session.
MOTION by Commissioner Stroud to approve the agenda as adjusted.
VOTING: Ayes – 5; Nays – 0
SPECIAL PRESENTATIONS & RECOGNITIONS
(None)
APPOINTMENT BEFORE THE BOARD
(None)
PUBLIC HEARINGS
At this time, County Attorney Lisa Valdez stepped down from the dais. Attorney Gary Thomas
stood in for Valdez.
Public hearing to consider a request from Applicant/President Mitch Johnson, of
JMS Southeast, Inc., to rezone approximately 1.26 acres along Beulah Road for expansion
of an existing industrial use. Planning Director Matthew Todd presented the following rezoning
request. The property is 1.26 acres and is is adjacent to M1 Light Industrial zoning. Staff supports
the request. An amendment to the 2030 Horizon Plan would be required as the Employment
Center-Industrial/Flex/Office does not reach the property even though there is already commercial
development beyond what the plan shows. This somewhat ties into the update to the Plan staff is
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September 5, 2023
working on. Planning Board voted to recommend approval of the request. Todd said there was
some opposition and concern shared at Planning Board regarding the current resident of the
adjoining property along with some storm water issues. Some of the storm water issues will be
handled through the Erosion Control permitting process. There would be an increase in storm water
because of the development of the property. The property is in the watershed so there are
restrictions on how much of the property can be developed. This will also help with storm water
issues.
Commissioner Houpe asked what a conditional rezoning would require regarding the storm
water.
Todd said if the storm water is a concern and the request was conditional a storm water
management plan could be required however the rezoning is a straight request.
Commissioner Houpe asked Todd if the storm water run-off would be detrimental to the
owners on the lower side.
Todd said that is a tough question because it depends exactly how the property is
developed; the location of the building and parking lot. The process has not reached the phase of
having a site plan. The applicant may have already taken this into consideration.
Commissioner Brown the topography of the backside of the property goes downhill
towards I40.
Chair Neader opened the public hearing.
Anna Jacob, 169 Beulah Road, shared concerns over noise from the business,
specifically at night.
Brooke Creedmore, property owner, 252 Beulah Road, spoke in favor of the rezoning.
She said she hears more noise from the interstate and is not familiar with any water runoff from
the business. She said JMS have been good neighbors to the community.
Casey Upright, 252 Beulah Road, spoke in favor of the rezoning. He shared that he has
had no issues with noise or water runoff. He said after the Planning Board he paid specific attention
to any water runoff after several severe rains.
Mitch Johnson, applicant, 3327 Sedgefield Road, Statesville thanked the Board for
hearing their consideration. He is the President of JMS Southeast, LLC and had a presentation for
the Board, on the parcel and reasons for submitting the request. Johnson said JMS Southeast is a
small, family-owned business that makes custom temperature sensors. They started in 1980, in
South Carolina, for approximately four months before Johnson’s father moved the business to
Shelton Avenue in Statesville. Then they moved the business to Hickory Highway, and in 1990,
moved to their current location on Temperature Lane. He said it is a light assembly manufacturing
facility, which currently employs about 80 people. Johnson said the business is growing and is
requesting the rezoning as an opportunity to expand in order to alleviate the overcrowding they
are experiencing. He said the loudest machines in the buildings are almost always turned off by
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September 5, 2023
4pm. The business is inspected by OSHA annually. Employees are not required to wear earplugs.
There is no third shift at the company. Johnson was first made aware of the storm water issue
during the Planning Board meeting.
Johnson said when Creedmore purchased the property originally, there was a defect in
the deed. The mistake was recognized and JMS filed suit in order to have Creedmore recognized
as the real owner of the property. He said once the suit was filed, the Carpenters agreed that
Creedmore did own the property, signed the deed, and the lawsuit was dismissed.
Chair Neader asked if the same type work will be going on in the new addition.
Johnson said yes.
Commissioner Stroud asked if OSHA has ever required ear protection.
Johnson said no. OSHA inspects the company annually.
Commissioner Stroud asked if the expansion would add additional working shifts.
Johnson said the expansion would help the company avoid having to add shifts.
Jacob noted that Johnson addressed her concerns.
Mull reminded the Board that Attorney Gary Thomas is representing the Board during
this public hearing.
Chair Neader closed the public hearing.
MOTION by Commissioner Houpe to approve the zoning map and subsequent 2030 Horizon
Plan amendments, and to make a finding that while said approval is inconsistent with the 2030
Horizon Plan; the approval is reasonable and in the public interest and furthers the goals of the
2030 Horizon Plan because: The Employment Center-Industrial/Flex/Office designation remains
consistent with existing industrial uses in this area, the property is along the I-40 corridor, and is
adjacent to existing commercial/industrial uses.
VOTING: Ayes – 5; Nays – 0
Iredell County
PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
REZONING CASE # 2308-1
STAFF PROJECT CONTACT: Leslie M. Meadows
EXPLANATION OF THE REQUEST
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This is a request to rezone a parcel of land along Beulah Road, approximately 1.29 acres, from
Residential Agricultural (RA) to Light Manufacturing (M -1). This is a conventional request for
expansion of an existing industrial use, with no additional agreed upon conditions proposed at
this time.
OWNER/APPLICANT
OWNER: Brooke Creedmore
APPLICANT: Mitch Johnson, JMS Southeast, Inc.
PROPERTY INFORMATION
ADDRESS/LOCATION: 252 Beulah Road; more
specifically, PIN#: 4704516048.000.
SURROUNDING LAND USE: The I-40 corridor
flanks the property to the north. Along Beulah
Road to the east and southeast are
established industrial/light-manufacturing
commercial uses. Properties directly to the west
and to the south remains residential in nature.
SIZE: The total acreage to be rezoned includes
approximately 1.29 acres.
EXISTING LAND USE: Active single-family
dwelling of current landowner.
ZONING HISTORY: The property has been zoned Residential Agricultural (RA) since county-wide
zoning was established in 1990.
OTHER JURISDICTIONAL INFORMATION: This property lies just outside the Long-Range Urban Service
Area of the City of Statesville. Future annexation and/or public utilities may not be made available
in the future. However, the City of State sville has still been informed of the request. No feedback
has been received.
OTHER SITE CHARACTERISTICS: This property is located within the regulated Catawba/Lake Norman
WS-IV-PA Protected Watershed Area. Proposed new development will be restricted to 24% built-
upon area with curb and gutter (36% without). Watershed calculations will include existing
development, once property is combined with the JMS site. The property is not located in a flood
hazard zone.
UTILITIES: This site is currently served by West Iredell Water Corporation and private septic system.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: Beulah Road is not included in the current CRTPO Comprehensive Transportation Plan.
The closest and most recent NCDOT annual average daily traffic count along Beulah Road, east
of this site, was approximately 1,700 vehicles per day in 2021. Traffic capa cities are unknown.
Beulah Road does not currently appear in Iredell County’s 2021 Transportation Master Plan. The
speed limit along this section of Beulah Road is 45 mph.
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SCHOOLS: This is a commercial rezoning and should have no implications on local schools’
capacity.
EMERGENCY SERVICES: This proposal has been reviewed by the Iredell County Fire Marshal’s Office
and Iredell County EMS. Neither office addressed any concerns regarding the request.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: An official site plan must be submitted to the Planning & Development Department for
review in order to redesign or further develop the property. Zoning requirements such as parking,
landscaping, and buffering will be reviewed at such time. Erosion & sedimentation control
standards will also be reviewed for compliance.
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 applicant, Mitch Johnson, is representing JMS Southeast, Inc., the next-
door manufacturing operation specializing in thermocouples, RTD sensors, and Thermowell
products. JMS Southeast, Inc., a leading provider of temperature measurement solutions based in
the Southeastern United States, has been in business for over 35 years. The company plans to
rezone and then purchase the property in question in order to extend the existing JMS building, as
well as provide additional employee parking. The current landowner is moving soon, and has
agreed to sale to JMS. The existing single-family dwelling (SFD) will be removed for expansion of
the JMS use. However, it is noted that this is a conventional (straight) request that will allow for any
of the permitted M-1 uses.
While this request is currently inconsistent with the current 2030 Horizon Plan, which slates this site
to remain Low-Density Residential, the 2045 Horizon Plan update is underway. The site is adjacent
to existing commercial/industrial uses, and in close proximity to a 2030 Horizon Plan Employment
Center – Industrial/Flex/Office designated area. Staff supports 2045 Horizon Plan amendments to
expand the Employment Center – Industrial/Flex/Office designation in this area to include all
parcels which are already in industrial use. Employment Center – Industrial/Flex/Office are
intended for development of industrial, flex space, and office uses including light manufacturing
and assembly, research and development, warehousing, and building trade showrooms and
offices. These lands are either currently served or are planned to be served in the future by public
or private water or sanitary sewer systems. These areas should have access to planned arterial or
collector streets to provide adequate infrastructure for transportat ion of goods to and from
distribution centers. Development should provide adequate transitions to adjacent lower intensity
uses, such as residential and commercial uses, in the form of vegetated buffers, landscaping,
setbacks, and building heights.
The Planning staff can support the proposed rezoning request; and subsequent 2030 Horizon Plan
amendment, based on the following: The 2030 Horizon Plan amendment to Employment Center -
Industrial/Flex/Office remains consistent with existing industrial uses in this area, the property is
along the I-40 corridor, and is adjacent to existing commercial/industrial uses.
SITE REVIEW COMMITTEE: Staff performed a site visit on July 14, 2023, to post property and take
photo documentation. Planning staff were accompanied by Planning Board member Rhonda
Hoke.
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September 5, 2023
PLANNING BOARD ACTION: On August 2, 2023, the Planning Board held a public meeting to hear
the rezoning request. The applicant Mitch Johnson, representing JMS, and current landowner
Brooke Creedmore were present for questioning. Several family members of a neighboring
landowner were in attendance. Three came forward to speak, expressing concerns over the loss
of a valued family homeplace, and the possible increase in stormwater runoff. The board voted
7-1 (Opposed: Hoke) to recommend approval of the rezoning.
At this time, County Attorney Lisa Valdez returned to the dais.
⁘ ⁘ ⁘ ⁘
Public hearing to consider a request from Applicant/Owner Phillip Rotella, of Lake
Vision Development, Inc., to rezone approximately 1.6 acres along Brawley School Road in
order to initiate compliance of an existing code violation. Planning Director Matthew Todd said
the property consists of three parcels; one is zoned Highway Business and the other two are zoned
Residential Agricultural. The applicant requested the HB zoning in 2021 for a building supply
dealer with a warehouse type structure, which is allowed in the HB district. Since that time, the
property is used more as a contractor’s facility which is not allowed in HB zoning and requires
General Business or higher zoning. The business has also expanded onto the RA zoned properties.
Staff was notified based on complaint and upon investigation the property is not incompliance.
The applicant is requesting a rezoning to allow the current use that is on the HB portion and RA
portion to come into compliance. Planning Board recommended denial of the request. The
rezoning matches the Land Use Plan as Corridor Commercial. There is an existing house that is a
part of the business.
Commissioner Houpe asked if the owner is making efforts to bring the property into
zoning and watershed compliance. The rezoning, if approved, would not achieve the ultimate goal.
Todd said the rezoning would be the first step in the process. If approved, the owner
would be required to present a site plan to show the new areas being used for the business to
include watershed calculation on the impervious area, any area being used for it along with any
new or proposed structures. That would then go through the approval process then into the
permitting process.
Commissioner Houpe asked if the owner can bring it into compliance prior to rezoning.
Todd said on the HB portion it appears the owner is over the impervious requirements
so they need the additional properties. The other option is to tear up the concrete. There are also
outside storage on the RA side.
Chair Neader said there seems to be a lot of pieces to the rezoning. Neader suggested
opening the public hearing and request the applicant to go back to the Planning Board.
Chair Neader opened the public hearing.
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September 5, 2023
David Jones, 126 Columbine Drive, managing member of Crossing Brawley, an
adjoining owner, shared concerns over the request. Jones requested a buffer if there is going to be
any outside storage on the property.
Chair Neader suggested leaving the public hearing open to allow the owner to go before
Planning Board and staff to fully vet the request for the owner and adjoining businesses.
Commissioner Brown asked if the owner was present.
Phillip Rotella, owner/applicant, said he purchased the property approximately four
years ago with the intent to put up a 6,000 storage building but that was over the limit for RA.
Then he requested the HB zoning designation. Rotella turned other parcels into an office. He said
his objective is to bring into compliance.
Commissioner Houpe said the request is not conditional. Houpe suggested Rotella
reconsider the request and work with Planning staff. Houpe asked Rotella if he would consider
going back to the Planning Board and meet with staff.
Rotella said yes. He said GB allows for outside storage. Rotella said brick, rock, stone,
gravel, river rock, and etc. are stored on the property.
Commissioner Houpe asked if the public hearing is tabled until October 17, 2023 will
that give the applicant enough time to attend Planning Board.
Todd said yes, but to make it a conditional request the applicant will need to withdraw
the request and begin the process over.
Commissioner Houpe asked if the current request gives the ability to add a buffer.
Todd said Dry Drive is a dedicated driveway so there would be no buffer requirements
under the current request but there would be some landscaping requirements along the parking.
Along Brawley School Road there is a 15 foot landscaping requirement. The only way to achieve
a buffer is conditional rezoning.
Commissioner Houpe said there is an option to withdraw the request and apply for a
conditional request. A conditional request gives the Board the ability to address the neighbor’s
concerns.
Todd said the Planning Board’s main concern was that the applicant did not attend the
meeting. They felt they could not put faith in that the zoning violation would be resolved when the
applicant did not put the effort into attending the meeting.
Commissioner Stroud asked Rotella if he could attend the Planning Board meeting on
October 4, 2023.
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September 5, 2023
Rotella said yes but he would not be able to attend the Commissioners’ meeting on
October 17 because he will be on a mission trip. Rotella said he can attend the Commissioners’
meeting on November 21, 2023.
Commissioner Houpe said in an effort to address the speaker’s concern the applicant
would need to withdraw the application and restart the process for a conditional rezoning.
Commissioner Brown asked if the Board can require a buffer on Drye Drive.
Todd said yes if it was a conditional request.
Valdez said the Board can choose to continue the public hearing until November 21,
2023 and if the applicant can withdraw his application and reapply if he needs to. Valdez said it
would be helpful to leave the public hearing open for now to figure out what the options are.
MOTION by Commissioner Stroud to continue to the public hearing until
November 21, 2023 to allow the applicant to meet with the Planning Board and address citizen’s
concerns.
VOTING: Ayes – 5; Nays – 0
Iredell County
PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
REZONING CASE # 2308-2
STAFF PROJECT CONTACT: Leslie M. Meadows
EXPLANATION OF THE REQUEST
This is a request to rezone three parcels of
land at the corner of Brawley School Road
and Drye Drive, approximately 1.6 acres,
from split-zoned Highway Business
(HB)/Residential Agricultural (RA) to General
Business (GB). This is a conventional rezoning
request which will initiate compliance of an
existing code violation. No additional agreed
upon conditions are proposed at this time.
OWNER/APPLICANT
OWNER/APPLICANT: Phillip M. Rotella, Lake
Vision Development, Inc.
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September 5, 2023
PROPERTY INFORMATION
ADDRESS/LOCATION:
754 and 748 Brawley School Road; more specifically, PINs#: 4637919474.000, 4647010570.000, &
4647011743.000.
SURROUNDING LAND USE: Adjoining and diagonal to this site are a variety of NB and CB/CB -CUD
uses (which converts to HB/HB-CUD under the current LDC) in the surrounding area. Properties
directly to the north and south are still residential in nature.
SIZE: The total acreage to be rezoned includes approximately 1.6 acres.
EXISTING LAND USE: Metal building (warehouse/storage) and former single-family dwelling
turned office space, that has been operating as a Contractors’ Facility.
ZONING HISTORY: The properties were originally zoned, Residential Agricultural (RA) when
county-wide zoning was established in 1990. In 2021, Mr. Rotella rezoned the most western
parcel (PIN#: 4637919474) to Highway Business (HB) in order to build a sizeable, stand -alone
warehouse-type structure, for a small building supply dealership (indoor). In time, the site has
become a hub/storage facility for Mr. Rotella’s growing construction company, Lake Vision
Development, Inc. Due to an accumulated amount of outdoor storage and employee parking,
the watershed limitations have been maxed out on the lot. The use has spilled over onto Mr.
Rotella’s adjoining residential parcels. These various code violations have resulted in the need
for code enforcement actions.
OTHER JURISDICTIONAL INFORMATION: The property is inside of the Town of Mooresville’s Urban
Service Area. Future annexation and/or public utilities may be made available in the future. The
Town of Mooresville has been made aware of the request. No feedback has been received.
OTHER SITE CHARACTERISTICS: This property is located within the regulated WS-IV-CA Critical
Watershed Area for Catawba/Lake Norman. Proposed new development will be limited to the
Non-Residential Low-Density Option for 24% built-upon area. The Non-Residential High-Density
Option is not allowed along Brawley School Road in the County’s jurisdiction. This rezoning and
combination of parcels will aid the applicant in adhering to the site’s watershed restrictions. The
property is not located in a flood hazard zone.
UTILITIES: This site is currently served by well and septic, but could have access to public utilities
through the Town of Mooresville in the future.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: Brawley School Road is considered an existing boulevard according to the current
CRTPO Comprehensive Transportation Plan. The closest and most recent traffic count, east of this
property along Brawley School Road, had a traffic count of 34,000 vehicles p er day in 2021.
According to the Comprehensive Transportation Plan 2008 Study Report for Iredell County, the
capacity for this section of Brawley School Road is approximately 36,600 vehicles per day through
the year 2030. This portion of Brawley School Roa d does not currently appear in Iredell County’s
2021 Transportation Master Plan; which does slate improvements to Brawley School Road, but they
are all east of the I-77 corridor. The speed limit along this section of Brawley School Road is 45 mph.
SCHOOLS: This is a commercial rezoning and should have no implications on local schools.
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EMERGENCY SERVICES: This proposal has been reviewed by the Iredell County Fire Marshal’s Office
and Iredell County EMS. Neither office addressed any concerns regarding t he request.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: The applicant must provide a site plan to the Planning & Development Department for
review to develop the property. Zoning requirements such as parking, landscaping, and
watershed calculations will be reviewed at such time. Erosion & sedimentation control standards
will also be reviewed for compliance.
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 owner/applicant, Mr. Phil Rotella, represents Lake Vision Development, Inc.,
a construction company that specializes in designing and building luxury outdoor living spaces:
pools, cabanas, and other hardscapes. Mr. Rotella’s plans i nclude combining these three parcels
for use of the properties’ existing warehouse-type structure to house building supplies, and a
construction office operating out of the existing residential structure. Some outdoor storage has
already accumulated. Such a Contractors’ Facility requires a GB zoning designation, or higher
(M -1, M-2). Thus, this rezoning will bring the current use into zoning compliance. Combining the
three lots will allow additional space for the necessary parking requirements and existin g outdoor
storage, while staying within the Critical Watershed limitations. A formal commercial site plan
review will be required upon rezoning approval. It is noted that this is a conventional (straight)
request that will allow for any of the permitted GB uses.
Being along Brawley School Road, the parcel in question is inside what the 2030 Horizon Plan calls
the Corridor Commercial area. Corridor Commercial areas include existing commercial, office,
and/or retail uses that exist along major thoroughfares and highways or areas that will include
commercial development in the future, and can contain both large and small mixed -use
commercial centers. These areas are both within and outside the Iredell County Urban Service
Areas. They may be serviced by and incorporated into one of the municipalities at some point in
the future. According to the plan, commercial uses within this area generally should include retail,
restaurants, entertainment centers, automobile services, personal services, other commercial
uses, and office developments.
The Planning staff can support the proposed rezoning request based on the following:
The property lies within the 2030 Horizon Plan Corridor Commercial area, it is surrounded by various
existing commercial uses, and will initiate bringing an existing use into zoning and watershed
compliance.
SITE REVIEW COMMITTEE: Staff performed a site visit on July 14, 2023, to post property and take
photo documentation.
PLANNING BOARD ACTION: On August 2, 2023, the Planning Board held a public meeting to hear
the rezoning request. The applicant/landowner, Phil Rotella, was not present for questioning. No
neighboring landowners were in attendance. Planning Board expressed concern that they
could not recommend for approval in good faith that the applicant would come into
compliance, or remain in compliance into the future. It was also brought to attention that
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surrounding uses; while commercial, are considered more neighborhood business in nature,
which seems more conducive to Brawley School Road. Upon more deliberation, the board
voted unanimously, 8-0, to recommend denial of the rezoning.
⁘ ⁘ ⁘ ⁘
ADMINISTRATIVE MATTERS
Request from the Register of Deeds for approval of a Resolution authorizing the County
Manager and County Finance Director the authority to grant refunds for excise tax on
real property pursuant to NC G.S. 105-228.37(a1).
Request from Planning & Development to consider calling for a public hearing on
September 19, 2023 at 6:00 p.m. in regard to a text amendment to the Land
Development Code.
Request from the Finance Department for approval of State Employee's Credit Union
ATM renewal located at Government Center South.
County Construction Projects Update.
Request from Clerk to the Board for approval of the minutes from the meeting on
August 15, 2023.
Approval of a Deed for Highway Right of Way to the NC Department of Transportation
for Turnersburg Highway.
MOTION by Commissioner Stroud to approve the consent agenda.
VOTING: Ayes – 5; Nays – 0
ANNCOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARDS & COMMISSIONS
Juvenile Crime Prevention Council - 2 appointments
Jennifer Kilby and Tate Osborne have volunteered to serve for the first time. According to
JCPC's bi-laws, qualified persons must fulfill certain positions on the council. Although council
prefers the Board's approval it is not required.
Region F Aging Advisory Committee - 1 appointment
Barbara Barrier has volunteered to serve again.
MOTION by Commissioner Houpe to appoint the applicants as listed.
VOTING: Ayes – 5; Nays – 0
UNFINISHED BUSINESS
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September 5, 2023
(None)
PUBLIC COMMENT PERIOD
COMMISSIONER COMMENTS & UPDATES
Chair Neader explained during Public Comment Period at the August 19, 2023 meeting,
the timer was inadvertently left at 5 minutes. Each speaker was given the same amount of time.
However, the correct time allowed for Public Comment Period is 3 minutes and going forward
each speaker will have 3 minutes.
Chair Neader expressed appreciation to Cooperative Extension Director Nancy Keith and
staff for all of their hard work during the fair.
Commissioner Stroud noted the importance of the pause between I pledge allegiance and
under God in the Pledge of Allegiance to recognize the Almighty and pay special reverence.
Commissioner Stroud wished Chair Neader a Happy Birthday on September 9.
Commissioner Houpe gave an update on the recent NCACC Conference. He handed out
the 2023 NCACC Map Book to each Commissioner.
Vice Chair Connolly said the County’s population has officially surpassed 200,000. Some
of the growth has not been properly controlled. In addition to the new high school, the County
needs a couple new elementary schools and middle school. Connolly emphasized the importance
of the public input on the 2045 Horizon Plan.
NEW BUSINESS
(None)
COUNTY MANAGER’S REPORT
County Manager Beth Mull gave an update on the following:
2045 Horizon Plan draft is on the County website and comments will be received
through September 12. Mull said it is important for everyone to view the plan and
make comments. The plan is a team effort from the Board to the citizens.
The Iredell County Agricultural Fair is now going on through Saturday,
September 9.
CLOSED SESSION
The Board held a Closed Session prior to the regular meeting and there were no items to
report.
ADJOURNMENT
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MOTION by Commissioner Brown to adjourn at 6:38PM. The next regular meeting is
Tuesday, September 19, 2023 at 6pm in the Commissioners’ Meeting Room, Government Center,
200 South Center Street, Statesville, NC.
VOTING Ayes – 5; Nays – 0
__________________________________ ___________________________________
Date Approved Amy B. Anderson, Clerk