HomeMy WebLinkAbout10-17-2023
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October 17, 2023
IREDELL COUNTY BOARD OF COMMISSIONERS
PRE-AGENDA SESSION
October 17, 2023
The Iredell County Board of Commissioners met in pre-agenda session on Tuesday,
October 3, 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: There were no adjustments.
ADMINISTRATIVE MATTERS
Request from the Sheriff's Office to approve Budget Amendment #15 to accept the
FY 2023 Edward Byrne Memorial Justice Assistance Grant Program (JAG) award to Iredell
County Sheriff's Office and the City of Statesville Police Department in the amount of
$40,209. Dereck Howard requested approval of Budget Amendment #15 to accept the FY23 JAG
Grant in the amount of $40,209. The Sheriff’s Office was awarded $11,671 to purchase two night
vision monocular. The Statesville Police Department was awarded $28,538 to purchase a UTV.
The federal agency that awards the JAG funds to each state bases the funding on a formula that is
weighted for violent crime and population. The City received a higher amount due to where it fell
in the formulation versus the County as a whole. The Sheriff’s Office strives to provide the best
law enforcement services possible to the residents and visitors of the County.
This item was placed on consent.
Request from Emergency Communications to ratify the Land and Tower Lease
Agreement with Harmony Volunteer Fire Department and Olin Community Center, Inc.
Jamie Barrier requested ratification of the Land and Tower Lease Agreement with Harmony
Volunteer Fire Department and the Olin Community Center, Inc. Barrier explained the ratification
was necessary because the Olin Community Center, Inc. changed Board of Directors in the middle
of reviewing the lease. County Attorney Lisa Valdez and Olin Community Center’s Attorney has
reviewed the agreement.
Mull noted the agreement is for the VIPER Simulcast Tower.
This item was placed on consent.
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October 17, 2023
Consideration of an amendment to the Land Development Code regarding Short
Term Rentals. This item will be considered during the Regular Meeting at 6pm.
Valdez provided a revised copy of the text amendment with the comments discussed at the
workshop on Friday. The revised copy includes clarification on Section (G) occupancy.
Request from the Health Department for approval to Write-Off Uncollected Patient
Accounts in the amount of $3,564.92. Jessica Ridgway requested approval to write-off
uncollected patient accounts in the amount of $3,401.92 in patient balances and $163.00 in
Medicaid Claim from the Family Planning Clinic.
This item was placed on consent.
Request from the Health Department for approval of Budget Amendment #11 for
Agreement Addendum 716 CDC COVID-19 Vaccination Grant Funds in the amount of
$20,000. Jessica Ridgway requested approval of Budget Amendment #11 for Agreement
Addendum 716 CDC COVID-19 Vaccination Grant Funds in the amount of $20,000. Ridgway
said the Health Department received the grant in Fall 2020 and expended all of the funds at the
end of last fiscal year. The State took unspent funds from other counties and dispersed them into
other counties. Grant funds will be used for emergency preparedness programs. Ridgway noted
the grant is not COVID specific.
This item was placed on consent.
Request from Parks & Recreation for approval to apply for a grant in the amount of
$5,000 from Wal-Mart. Tate Osborne requested approval to apply for a grant from Wal-Mart in
the amount of $5,000. If awarded the department will use the funds for youth and after school
programming.
This item was placed on consent.
Request from Parks & Recreation for approval to apply for a grant in the amount of
$8,000 from the American Academy of Dermatology. Tate Osborne requested approval to apply
for the American Academy of Dermatology grant in the amount of $8,000. If awarded, Osborne
will partner with a local dermatologist and a canopy will be set up around the center. The canopy
will become permanent structures.
This item was placed on consent.
Request from Parks & Recreation for approval to apply for a grant in the amount of
$20,000 from the NC Youth Engagement Commission. Tate Osborne requested approval to
apply for a grant from the NC Youth Engagement Commission in the amount of $20,000. If
awarded, the funds will be used for an outdoor gardening classroom.
This item was placed on consent.
Request from Parks & Recreation for approval of Budget Amendment #14 to accept
donations from South Iredell Soccer Association and South Iredell Athletic Association to
purchase and install a flagpole at Stumpy Creek Park. Tate Osborne requested approval of
Budget Amendment #14 to accept donations from the South Iredell Soccer Association and South
Iredell Athletic Association to purchase and install a flagpole in front of the concession stand at
Stumpy Creek Park.
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October 17, 2023
Osborne asked for a volunteer to participate in the Special Olympics Polar Plunge in
February. Commissioner Stroud volunteered to participate on behalf of the Board.
This item was placed on consent.
Request from the Finance Department for approval of Budget Amendment #13 to
appropriate unallocated funds in the Juvenile Crime Prevention Council (JCPC) Fund.
Finance Director Deb Cheek requested approval of Budget Amendment #13 to appropriate
unallocated funds in the Juvenile Crime Prevention Council (JCPPC) Fund. Cheek said at the
beginning of the FY2024 budget there were $16,781 in unallocated funds for JCPC. The programs
were tasked with working together to develop a program to address social awkwardness,
appropriate dress and personal hygiene. These were areas that the court counselors saw as
impediments to the success of students. The programs came together and developed a curriculum
for the students. The council is appropriating the remaining funds to the three programs evenly.
This item was placed on consent.
Request from the Finance Department f or the approval of a 3-year contract with
UKG timekeeping. Kaitlyn Sparks requested approval of a 3-year contract with UKG
Timekeeping. UKG Timekeeping bought out Kronos, the County’s current timekeeping system.
The company reduced the rate by $1,500.
Commissioner Stroud asked if the County was at the end of the contract with Kronos.
Sparks said yes. UKG is on a cooperative contract.
Commissioner Houpe asked if there is a price increase.
Mull said the company is giving a $1,500 price break for the first year.
Commissioner Houpe asked if other vendors should be looked at.
Mull said UKG purchased Kronos, the County’s current vendor. It should be a seamless
transition. If the County changes vendors new equipment and screenings will need to be made.
This item was placed on consent.
Request from the Finance Department for approval of a Lighting Agreement from
EnergyUnited for the Jennings Park Project. Kaitlyn Sparks requested approval of a lighting
agreement with EnergyUnited for the Jennings Road Project.
This item was placed on consent.
Request from Administration for approval to amend the Jennings Park Project
Ordinance and consideration of Jennings Park GMP - 2. David Saleeby gave a background of
the Jennings Park Project. On July 18, 2023, the Board of Commissioners approved a Guaranteed
Maximum Price (GMP 1) amendment to the Edifice contract for construction of the Jennings Park
Project. Saleeby explained that GMP 1 is the site work, underground utilities, and support
infrastructure for the project. GMP1 also included massive rock removal which resulted in no
issues thus far. Soil is tested daily and is in good shape. GMP1 also allows for sleeving where
pipes, lines, and conduit are under roads and facilities. He asked the Board to consider GMP2
which is the construction of the facilities, athletic playing fields and amenities which will complete
Master Plan approved by the Board of Commissioners in 2017. He also asked the Board to
consider the alternates that were added which were not in the 2017 master plan:
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October 17, 2023
Alternate No. 1 Synthetic Turf in Lieu of Sod and Irrigation at Soccer Fields
Alternate No. 2 Synthetic Turf Outfield In lieu of Sod and Irrigation at Championship Baseball
Fields
Alternate No. 3 Synthetic Turf Outfields In lieu of Sod and Irrigation at Remaining 3 Baseball
Fields
Alternate No. 4 Crow's Nest Building
Saleeby said through a competitive bidding led by Edifice, vendors and sub-contractors
were chosen. Jennings Park estimated substantial completion date is December 2024. Right now,
the park is scheduled to reopen in March 2025 in time for the 2025 baseball season.
There are five crossings; including two culvert crossings, pedestrian bridge, and three
bridges. GMP2 also includes the following: Pickleball courts, monument park sign, dumpster
enclosures, material storage areas, restrooms and concessions fieldhouse, dugouts, crow’s nest
(alternate), flag poles, soccer goals and nets, baseball bases, pitcher’s mound, and disc golf.
Saleeby reminder the Board that the design of park deviated from the 2017 plan because
of the wetlands. Although the design changed all the elements of the 2017 were implemented.
Commissioner Houpe asked Saleeby to explain the difference in the fieldhouse and crow’s
nest.
Saleeby said the fieldhouse is a two-story building that includes restrooms, large
concession stand, and picnic shelter. It has been in the plan since the beginning. Saleeby noted the
fieldhouse includes an elevator based on the square footage. The elevator will be a lift system
similar to the one at SVU. The crow’s nest is a scaled down version of the field house and will be
located near the championship field. Saleeby provided drone footage of the park.
Mull said the total project cost was estimated in February of 2023 to be $21,402,091 with
the four requested alternates estimated to be $5,084,710. That estimate was updated in May of
2023 to be $22,684,982 with the alternate estimate remaining the same. GMP 1 & GMP 2 totals
$23,717,740, which is $1,032,758 or 4.55% more than the May estimate. The alternate total was
$5,229,186 which is $144,476 or 2.84% more than the May estimate. There were additional Board
requests that were added to the project without increasing the funding available to include
additional design work for the 4 additional alternates ($234,300) and additional property purchase
($183,491). The Jennings Park Project Fund, which begin back in 2016, has a remaining balance
of $14,631,577. This balance does not include the proceeds from the Bluefield Road sale.
Mull said depending upon how much the estimate was determines if it was an informal
bid or formal. If it is a formal bid there must be three sealed bids. If there are not three sealed bids
the bids cannot be opened; the bid has to be re-advertised. Mull said the bid process is very
prescribed by the NC General Statute and county staff follows those. She said all of the different
pieces of GMP-2 there are various different companies/contractors doing the work. The project
ordinance was started in 2016 when the Board started setting money aside for the project. The first
master plan design was in 2017. Mull said there is enough funds in the project fund to do GMP2
but there is not enough for all of the alternates. When the Bluefield Road property is sold the funds
will be reinvested into Jennings Park. The property is currently in the upset bid process. Mull said
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October 17, 2023
there is enough funds to do GMP2 and alternate 1 – synthetic turf in lieu of sod and irrigation at
soccer fields. Mull asked the Board which alternates they prefer.
Commissioner Houpe said there is $2.3 million available for alternates. There is an option
to do turf on all of the infields instead of the soccer fields. He said if the Bluefield Road property
sells for $2 million there could be $4 million available potentially. Houpe said if alternates 2 and
3 were deviated and changed to the playoff infield and/or the three turf infields the amount would
not be greater than the estimate because it is a smaller space.
Saleeby said it would be less square footage which could equate to less money. However,
the underground and stormwater requirements will also be required.
Mull noted there may be an upcharge for the two colors of turf.
Commissioner Houpe asked the Board to consider deviating from alternates 2 and 3 to get
a cost of the infields instead of the outfields. Houpe feels the crow’s nest can be done later.
Saleeby said the pad is being prepared now as a part of GMP1.
Commissioner Houpe feels that the soccer and baseball fields will be used equally.
Commissioner Brown does not support turf on any of the fields.
Commissioner Stroud said doing anything other than turf would result in a water source
issue.
Mull said there will be a water source issue with sprigging.
Saleeby agreed. There is not enough water to get the sprigging started. With sod and no
alternates there is enough water at 100 gallons per minute to water it but it would be a very tight
zoning and very expensive water bill.
Mull explained that staff has talked with Iredell Water, the water provider. Turf would
allow three sports to play on the soccer fields (soccer, football, and lacrosse).
Mull said in order to do turf infields there will need to be another design for grading.
Commissioner Stroud asked if pro-dirt is included in GMP2.
Mull said pro-dirt and sod is a part of GMP2 for the baseball fields.
Commissioner Houpe would like to know how much it would cost to turf the infields before
moving forward with any of the alternates.
Vice Chair Connolly asked how much money was set aside for contingency.
Saleeby said around $300,000 - $400,000 in contractor contingency and proposing
$500,000 in owner contingency. He said there are three measures; safety, budget, and schedule.
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October 17, 2023
Saleeby shared concern over delaying the project. In order to use sod on the infield the fields will
need to be redesigned. The current design is for pro-dirt and sod in the outfield.
Chair Neader asked what the issues are with pro-dirt and sod outfields.
Commissioner Houpe suggested approving up to $4.3 million of alternates.
Mull noted the sales price of Bluefield Road is unknown.
Vice Chair Connolly suggested approving GMP2 and alternate 1. He added that Saleeby
can gather a price for the sod infields and crow’s nest, and those items be contingent on the
Bluefield Road property sell. This allows the project to move forward.
Commissioner Houpe asked the cons of getting the cost of turf infields.
Saleeby said the rough grading is taking place now and then fine grading will start. He
noted stormwater is a large piece for turf. There is a schedule on when the property is set to be
turned over to sod or turf crew, irrigation, under-drain, and pipe. If there is any wiggle from that
schedule the Board will need to be comfortable with not meeting the March 2025 date and the
baseball season may not happen at Jennings Park.
Commissioner Brown said getting an estimate for the turf will delay the project because
there will be a change in grade elevations.
Mull noted the turf will also need to be bid out. The County cannot just accept estimates.
Commissioner Stroud said without the sale of the Bluefield Road property there will be a
shortage of funding. He asked where the funds will come from.
Mull said Bluefield Road property cannot be budgeted. Part of the plan for tonight was
request approval of the Project Ordinance and Budget Amendment, and without knowing how
much Bluefield Road property will sell for those items cannot be approved.
Chair Neader said in order to keep the ball rolling on the project the Board needs to approve
something tonight.
Mull said funds are available for GMP2 and Alternate 1. If the Board wishes to add
additional alternates there needs to be a discussion on where that money comes from, but if the
decision involves redesigning and rebidding everything should pause to allow time for those to
take place.
Chair Neader asked what the contractors bid on for GMP2.
Saleeby said the contractors bid on pro-dirt infields and sod outfields. They also gave an
alternate because they were in the bid drawings.
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October 17, 2023
This item was not placed on consent. Discussion will continue at the Regular Meeting at
6pm
Request from Tax Administration for approval of the September 2023 Refunds and
Releases. This item was placed on consent.
At this time the Board entered into Closed Session.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
October 17, 2023
The Iredell County Board of Commissioners met in regular session on Tuesday, October
17, 2023 at 6:00 PM, in the Commissioners’ Meeting Room of 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, and Clerk to the Board Amy Anderson.
CALL TO ORDER by Chair Neader.
INVOCATION: by Commissioner Brown.
PLEDGE OF ALLEGIANCE: led by Boy Scout Troup 363 from New Salem United
Methodist Church.
ADJUSTMENTS TO THE AGENDA: There were no adjustments to the agenda.
MOTION by Commissioner Stroud to approve the agenda as presented.
VOTING: Ayes – 5; Nays – 0
SPECIAL PRESENTATIONS & RECOGNITIONS
Recognition of Justin Lentz, winner of the I Voted Sticker Contest. Elections Director
Susie Jordan said the Board of Elections recently held its first ever "I Voted" sticker contest. All
Iredell County students K-12th grade were eligible to enter. There were 80 entries. The Board of
Elections narrowed down the entries to 7 finalists. Iredell County Elected Officials selected Justin
Lentz as winner. Justin is a senior at Crossroads Arts & Science Early College. Jordan said 100,000
stickers have been ordered to use during the 2024 elections.
Chair Neader presented Lentz with a certificate and water bottle with his artwork.
APPOINTMENT BEFORE THE BOARD
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October 17, 2023
(None)
PUBLIC HEARINGS
Public hearing to consider the economic development incentive for Project Craft. Jenn Bosser
presented Weinig Holz-Her USA, the world’s largest manufacturer of machines and systems for
processing solid wood and derived timber products. The company’s headquarters is in Germany
and a leader in solid wood and panel process technology. The company has been in operation in
the US and in Iredell County since 1974. The company is looking to expand its presence to
Statesville and lease a 150,000 square foot facility.
Bosser requested an economic development incentive grant to Weinig Holz-Her
USA for up to $57,809, based on a capital investment total of $4,150,000 million and the minimum
creation of 21 jobs, up to 43 new jobs. The grant is performance based and would be payable over
five-years at 75% of the new real property and 50% of tangible personal property assessed tax
value.
Chair Neader opened the public hearing.
No one wished to speak.
Chair Neader Closed the public hearing.
MOTION by Commissioner Houpe to approve an economic incentive up to $57,809 over
a five-year period based on the company's investment of up to $4,150,000, creation of minimum
of 21 jobs, and contingent upon a contract being executed within 180 days.
VOTING: Ayes – 5; Nays – 0
Public hearing to consider a request regarding an amendment to the Land
Development Code. Planning Director Matthew Todd said the text amendment is in regard to
regular and cluster subdivisions. Todd highlighted some of the changes including landscaping
requirements, roadway yard requirements, and open space requirements. Currently, the Code
requires 20% area for open space for Cluster Developments, the text amendment will implement
a 50% requirement. The text amendment will implement a minimum 20% open space for a regular
subdivision. A regular subdivision is the minimum lot size in the County and splits it. For a Cluster
Development the houses can be on smaller lots and leave more open space. There is also a buffer
requirement around the perimeter of the property. Todd noted the buffer does not include
individual lots. He noted that the text amendment does not address minimum lot size but that it
will come later once the 2045 Horizon Plan is adopted.
Commissioner Houpe said this is an issue that needed improvement and this is a good
start.
Commissioner Brown said the Board cannot prevent growth but the text amendment is
an effort to protect agricultural.
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October 17, 2023
Chair Neader opened the public hearing.
No one wished to speak.
Chair Neader closed the public hearing.
MOTION by Commissioner Stroud to approve the zoning text amendments and to
make a finding that the approval is consistent with the adopted 2030 Horizon Plan, as it promotes
the objectives of the plan.
VOTING: Ayes – 5; Nays – 0
ADMINISTRATIVE MATTERS
Request from the Sheriff's Office to approve Budget Amendment #15 to accept the FY
2023 Edward Byrne Memorial Justice Assistance Grant Program (JAG) award to Iredell
County Sheriff's Office and the City of Statesville Police Department in the amount of
$40,209.
Request from Emergency Communications to ratify the Land and Tower Lease Agreement
with Harmony Volunteer Fire Department and Olin Community Center, Inc.
Request from the Health Department for approval to Write-Off Uncollected Patient
Accounts in the amount of $3,564.92.
Request from the Health Department for approval of Budget Amendment #11 for
Agreement Addendum 716 CDC COVID-19 Vaccination Grant Funds in the amount of
$20,000.
Request from Parks & Recreation for approval to apply for a grant in the amount of $5,000
from Wal-Mart.
Request from Parks & Recreation for approval to apply for a grant in the amount of $8,000
from the American Academy of Dermatology.
Request from Parks & Recreation for approval to apply for a grant in the amount of $20,000
from the NC Youth Engagement Commission.
Request from Parks & Recreation for approval of Budget Amendment #14 to accept
donations from South Iredell Soccer Association and South Iredell Athletic Association for
to purchase and install a flagpole at Stumpy Creek Park.
Request from the Finance Department for approval of Budget Amendment #13 to
appropriate unallocated funds in the Juvenile Crime Prevention Council (JCPC) Fund.
Request from the Finance Department for the approval of a 3-year contract with UKG
timekeeping.
Request from the Finance Department for approval of a Lighting Agreement from
EnergyUnited for the Jennings Park Project.
Request from Tax Administration for approval of the September 2023 Refunds and
Releases.
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October 17, 2023
MOTION by Commissioner Stroud to approve the consent agenda.
VOTING: Ayes – 5; Nays – 0
Consideration of an amendment to the Land Development Code regarding Short
Term Rentals. Mull said the Board held the public hearing on October 3, 2023 regarding the text
amendment. The Board tabled the matter in an effort to discuss the comments given during the
public hearing. The Board discussed the matter again during their workshop on Friday, October
13, 2023. An updated text amendment was provided to the Board.
Chair Neader asked Mull to highlight the changes to the text amendment.
Commissioner Houpe asked for a background on the issue and what the text amendment
does and does not do.
Valdez said the issue has come up multiple times over the last year. The concerns were
brought from neighbors with short-term rentals in their neighborhood that were causing issues
effecting the single family nature of the neighborhood. The Board formally began the process back
in March by having a workshop to discuss the issue and to evaluate the different aspects as well
as the legal issues surrounding the aspects the Board wanted to address. The Board looked at other
NC ordinances that have attempted this same endeavor and case law for what has been upheld.
The only tool the Board has is to treat this as a land use that is different than a single family
residence that has its own place in the ordinance. Some argue the use is more of a business and
having that impact on surrounding neighborhoods. The attempt was to look at what the Board has
the authority to do in zoning and remain in the confines of the law as its known now. The
enforcement is through the zoning tool. It is not a stand-alone ordinance. The noise ordinance and
state statutes will still be relied on. This is treating the use as any other land use in the ordinance
and this revision is adding it to the permitted use table and adding specific performance
requirements (parking, designating a responsible party, making application, occupancy
component). It also changes the enforcing mechanism for any zoning violation as far as what that
penalty will be and the process will be for timing. It does not create a different mechanism than
what is already available for enforcement. Any zoning violation is reported to the Planning
Department. They investigate the violation and if there is one they send a notice of violation to the
property owner and seek voluntary compliance. There is sometimes a citation process involved. If
there is no compliance and the citation continues to grow it is referred to Valdez to proceed in
court to have the violation to stop and proceed in collecting the fines. That is not necessarily a
quick process. Staff works expeditiously it is just a matter of how the process works through a
zoning code. The zoning code is not enforced by the Sheriff’s Office or Police Department. It is
enforced by the Planning Department. It is an ordinance of the County.
Commissioner Houpe said some of the rental companies are upset about limiting the
occupancy but the ordinance is based on what the septic allows. Commissioner Houpe wants to
protect the property owners and be able to legally use their property without imposing on other
property owners. He asked the property owners and management companies to better vet the
rentals.
Commissioner Brown expressed the importance of protecting Lake Norman.
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October 17, 2023
Commissioner Stroud noted the public meeting law and the importance of doing the
people’s business in front of the people. The workshop was a way to have points of discussion.
The Board understands both sides of the issue.
MOTION by Commissioner Houpe to approve the zoning text amendment, and to make
finding that the approval is consistent with the adopted 2030 Horizon Plan as it promotes guiding
principles and goals of the plan including enhancing quality of life for residents while balancing
economic development-tourism opportunities of property owners.
VOTING: Ayes – 5; Nays – 0
IREDELL COUNTY PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
Proposed Text Amendment – Vacation Rental – Short Term Rental
EXPLANATION OF THE REQUEST
Iredell County is experiencing an increase in the number of complaints about short-term
rentals (vacation rentals). These are predominantly around the lake and can be found
on different vacation rental websites.
On March 20, 2023 a called meeting of the Board of Commissioners and staff was held
to discuss this item. From this meeting direction was given to draft a text amendment to
address concerns from this use including noise, parking, septic, events, and other items.
Existing text that is bold and with strike through is text to be removed. Text in red and
underlined is new text to be added. Text in blue and bold is new text added for additional
clarification since Planning Board voted to recommend approval August 2, 2023.
Highlighted text has been added since the public hearing based on comments received.
STAFF COMMENTS
The intent of the proposed text amendment is to amend the County’s Land Development
Code by adding short term rentals to the list of permitted use and defining a set of
specific regulations to address this use. This proposed text amendment will amend the
following Chapters:
Chapter 2- Identify short term rentals in the table and identify what districts they would be allowed.
Chapter 3- Create a performance requirement for short term rentals that identifies the proposed
regulations specific for short term rentals.
Chapter 14- Amend the citation process to address repeat offenses of this Ordinance.
Chapter 16- Add a definition for event center, repeat offender, short term rental
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October 17, 2023
TEXT AMENDMENTS
Section 2.21 Table of Permitted and Special Uses
Section 2.21.1 Agricultural & Residential Uses
USES AC RA RU
R
R
R R20 R12 R8 RO OI N
B
H
B GB M1 M2 R
Short term rental
(STR) – vacation rental R R R R R R R R R R R R 68
Section 3.1 Performance Requirements
R68. Short term rental (STR) – vacation rental
A. Application.
A property owner shall submit a request for a zoning permit in accordance with Chapter 8 of
this Ordinance. As part of the application process, the Zoning Administrator may request the
submission of a site plan to illustrate compliance with the performance requirements; the
Zoning Administrator may require, without limitation, the inclusion of the following on the site
plan: the deed reference of the subject property, the number of bedrooms, location of signage
and adequate parking. The applicant shall also acknowledge that it is the responsibility of the
property owner to ensure compliance with any and all restrictive covenants, restrictions of
homeowner or property associations governing the subject property, and/or lender
requirements included in any deed of trust or loan documents for which the subject property
serves as collateral.
The Zoning Administrator may deny or revoke a zoning permit in the event:
1. The property owner submits incomplete or inaccurate information, or fails to illustrate
how the requirements set forth herein will be met; or
2. The property owner has previously incurred two (2) or more verified zoning violations of
this Performance Requirement (R68) at the subject property.
A new permit for the same property that has a revoked STR permit shall not be approved until
one (1) year has passed following the date of the revocation of the permit.
B. Number allowed.
Only one STR shall be permitted per approved Dwelling Unit. An STR may be permitted in an
Accessory Dwelling Unit. When a Main Building, as the primary dwelling unit, is used as an
STR, an accessory dwelling unit may also be used as part of the STR rental only when rented as
one unit to the same party. In OI, NB, HB, GB, new dwelling units are not permitted; in the
case of a legal non-conforming use and/or structure, a STR is permissible provided Chapter 15
and the requirements set forth herein are met.
C. Maximum occupancy
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The occupancy shall not exceed two (2) persons per bedroom, plus two (2)
additional persons. Bedrooms used and advertised shall match the most recent
Iredell County tax records for the subject property. The maximum occupancy shall
be posted prominently with the STR; the property owner shall ensure that all online
listings and advertisements set forth the maximum number of guests. For illustrative
purposes only, if the Dwelling Unit has three bedrooms according to the Iredell
County tax records, a total of eight (8) persons are allowed. Children under three (3)
years of age shall be excluded from the occupancy calculation.
D. Parking
A minimum of one (1) off-street parking space for each bedroom is required. No on-street
parking shall be allowed. All parking shall be entirely on-site, in the garage, driveway or
otherwise out of the road right-of-way.
E. Designated Responsible Party
All STRs shall have a contact available 24 hours a day to respond to any questions, complaints
or other issues that may arise. The contact name and phone number shall be permanently
posted on the outside of the rental unit in a prominent location at driveway entrance not to
exceed 3 sq/ft. Any changes shall be promptly updated and reposted.
F. Noise
All STRs are subject to and shall comply with the noise regulations set forth within the Iredell
County Code of Ordinances as enforced by the Iredell County Sherriff’s Office.
G. Signage
No signage is permissible that advertises the property as a STR. One on-site sign, not to exceed
3 sq/ft, is permissible identifying name of property. Notwithstanding the foregoing, this
limitation does not include the required posting of contact information set forth in Paragraph E
herein, which shall be in addition to the one on-site sign permitted by this Paragraph G.
H. Events
STRs shall not be advertised or used to hold special events. Any large gatherings that exceed
the occupancy limits of the zoning permit including but not limited to weddings, parties,
reunions or other large gatherings, are prohibited. The property owner shall not make the STR
available to short-term rental guests for a period of less than overnight.
I. Effective Date, expiration and/or revocation.
In the event of a sale or other transfer of any Dwelling Unit for which a zoning permit has been
issued for a STR, the permit shall automatically expire upon the conveyance and recordation of
the deed.
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January 1, 2024, it shall be a violation of the Iredell County Land Development Code to operate
a Short Term Rental without issuance of a zoning permit as set forth herein.
Enforcement Procedure
Section 14.5.1 Notice of Violation
When the Administrator or his agent finds a violation of any part of this Ordinance, it
shall be his duty to notify the owner or occupant of the land, building, structure, sign, or
use of the violation. This notification shall be in the form of a Notice of Violation. The
owner or occupant shall immediately remedy the violation.
A. The Notice of Violation shall include the following:
1. That the land, building, structure, sign, or use is in violation of this Ordinance;
2. The nature of the violation, and citation of the Section(s) of this Ordinance
violated; and
3. The measures necessary to remedy the violation within thirty (30) days following
the date of the Notice of Violation.
B. The notice shall specify a date within 30 days from issuance to remedy the violation,
by which the person must comply with this ordinance, or rules or orders adopted
pursuant to this ordinance, and inform the person of the actions that need to be taken
to comply with this ordinance, or rules or orders adopted pursuant to this ordinance.
C. The notice may be served by any means authorized under 160D-404 GS 1A-1, Rule 4.
Section 14.6.2 All Other Violations
A. The Administrator shall issue a Citation (by certified or registered mail to his last known
address, by personal service, or by posting notice conspicuously on the property)
giving seven (7) days to bring the violation into compliance and notifying that the
penalty for the violation is $100. If the owner or occupant comes into compliance
within the seven (7) days, a $100 penalty will be collected. If the owner or occupant
fails to come into compliance or make satisfactory progress to correct the violations,
a second Citation will be issued extending the deadline by another seven (7) days
and assessing a penalty of $700 $100 for the previous seven (7) days. There will be a
continued accrual of $100 per day for each day the violation continues thereafter.
Further failure to come into compliance will result in the case being submitted to the
County Attorney for enforcement and potential legal action.
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October 17, 2023
B. In any case of a Repeat Offender, where the same owner and same parcel are
involved in the same violation (repeat offender), the Citation Process above will be
utilized. A $100 minimum penalty will be collected. with the following penalties: for
the first repeat offense, meaning the second offense at the property, the penalty for
the violation shall be $200; all subsequent repeat violations shall utilize a penalty of
$500. There will be a continued accrual of $500 per day for each day the violation
continues thereafter.
Section 16.4 Definitions
Dwelling Unit. A room or combination of rooms providing complete independent living
facilities including permanent provisions for living, eating, sleeping, cooking, and
sanitation. The term “dwelling” shall not be deemed to include a motel, hotel, bed &
breakfast, travel trailer, or other structure designed for transient travel. A motel, hotel,
bed & breakfast, travel trailer, or other structure designed for transient travel shall n ot be
deemed a “dwelling” as defined herein.
Event Center. A public or privately owned structure or area used for the purposes of
public performances, sporting events, private receptions or parties, or similar attractions.
Repeat offender. A property owner who has 2 or more repeated violations for the same
property and violation.
Short term rental (vacation rental). A primary or accessory dwelling unit that is rented for
personal use or vacation, leisure, or recreation purposes for periods 90 days or less. This
can include whole house and partial house rental.
Request from Administration for approval to amend the Jennings Park Project
Ordinance and consideration of Jennings Park GMP - 2. Mull said this item was discussed at
length during pre-agenda. During the break, Saleeby confirmed with Edifice that the bids are good
for 120 days of opening.
Chair Neader asked what happens to the project timeline if the date is pushed.
Mull said it will delay the project but unsure of how long. The majority of the conversation
during pre-agenda was about the four alternates. There is approximately $2.3 million left and the
alternates as they were bid are a little higher than $5 million. There is a shortage if the Board
wishes to do all the alternates.
Mull went over the alternates:
Alternate No. 1 Synthetic Turf in Lieu of Sod and Irrigation at Soccer Fields
Alternate No. 2 Synthetic Turf Outfield In lieu of Sod and Irrigation at Championship
Baseball Fields
Alternate No. 3 Synthetic Turf Outfields In lieu of Sod and Irrigation at Remaining 3
Baseball Fields
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October 17, 2023
Alternate No. 4 Crow's Nest Building
Mull said there was some discussion regarding obtaining another bid for turfing the infield
as opposed to the outfield on the four baseball fields. This was not originally bid and in order to
do that now the designer will have to re-design and put out to bid.
Commissioner Houpe said the Blufield Road property is currently for sale and the funds
from that sale will be invested back into recreation. Houpe feels that turfing the infield will be
cheaper than alternates 1 and 2 because it is a smaller area. He asked for numbers on changing
Alternates 2 and 3 to turfing the infields not outfields before moving forward.
Commissioner Houpe asked if the whole project is delayed while waiting on the number.
Saleeby said to takes approximately 30 days to get an estimate and 90-120 to design and
rebid. This will slide out the project from 90-120 days. There are site contractors that are set to be
done on a certain date in 2024. For them to slide their schedule 90-120 they will need to bring in
tier three subs. It creates a cascading effect. The timing will also affect the plantings scheduled.
Sod has to be put in at a certain time of the year. Work is going on all over the park. As grading
changes it changes the entire schedule.
Commissioner Houpe said this is the time to make the change if the Board wishes.
Commissioner Brown would like to proceed with the project as presented.
Commissioner Stroud said if the project is moved out it will delay the opening of the fields
for the children to use.
Vice Chair Connolly asked if the Recreation Advisory Board and Jennings Park Focus
Committee had any recommendations.
Mull said the groups were okay with the initial design. They did not request alternates but
weighed in on them once they came in.
Chair Neader said there is no guaranteed amount from the Blufield Road sale.
Mull said correct. It is currently in the upset bid process.
MOTION by Commissioner Stroud to move forward with GMP2 with alternate 1.
VOTING: Ayes – 5; Nays – 1 (Houpe)
Commissioner Houpe would like to see the numbers on turfing the infield.
Mull asked if the Board would like the numbers.
Commissioner Brown said this is a good starting point.
Mull requested approval of the amended project ordinance and budget amendment.
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October 17, 2023
MOTION by Commissioner Stroud to approve the amended project ordinance and budget
amendment.
VOTING: Ayes – 5; Nays – 1 (Houpe)
Saleeby asked if the crow’s nest is contingent on the sale of Bluefield Road or off the table.
Mull said the crow’s nest is off the table for now.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARDS & COMMISSIONS
Child Fatality Prevention Team – 2 appointments
Savannah Osborne and Laurie Trosuk have volunteered to serve for the first time.
MOTION by Commissioner Brown to appoint Savannah Osborne and Laurie Trosuk to
the Child Fatality Prevention Team.
VOTING: Ayes – 5; Nays – 0
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT PERIOD
Cliff Whitley, 150 Stewart Acres Drive, shared concerns over the noise coming from the
firing range at the FOP. Whitley said the noise is constant from dawn to dusk. He explained he did
homework on the issue and the FOP did not originally apply for a permit for the range but may
have recently. He said the noise is making his life miserable.
Mull is not aware of the FOP making application.
Whitley said the FOP spoke with Rebecca Harper yesterday.
Margie Whitley, 150 Stewart Acres Drive, echoed the concerns regarding the noise from
the gun range.
Jack Benyon, 263 Beaten Path Road, thanked the Board for their work on the ordinance
regarding STR.
Mike Joy, 353 Whippoorwill Road, said he was surprised to hear how beneficial STRs are
for the Lake Norman area. Joy asked what that revenue is used for.
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October 17, 2023
Luke Church said the neighbors in the Chief Thomas Road area should have been notified
about the proposed convenient site. He asked if there were going to be any hazardous materials
and what hours the site will be open.
Tricia Odenwald thanked the Board for their time regarding the STR. She hopes the Board
will consider future amendments going forward as the situation continues to escalate.
Jack Odenwald expressed appreciation to the Board for approving the text amendment
relating STR. He asked the Board to continue to monitor the situation and make necessary changes.
He also said neighbors aren’t supposed to call the police anymore about the incidents.
Commissioner Brown said he received some calls about not calling the Sheriff’s Office.
Brown urged the neighbors to call the Sheriff’s Office if there is an issue specifically a safety issue,
parking issue, or a noise complaint.
Mull agreed however the Sheriff’s Office will not address the occupancy issue.
Commissioner Houpe said there may have been some confusion earlier regarding Wildlife
and the Sheriff’s Office. He said Sheriff Campbell will continue to be proactive.
Mary Ratondo said the ultimate goal has not been met. There is going to a problem with
the enforcement aspect. She stated that there may be a Sheriff’s Deputy being dedicated to the
STR issue.
Jan Barnes, 688 Mt. Bethel Road, asked if there is going to be a public meeting regarding
the Convenience Site on Chief Thomas Road. She asked how that site was decided. Recently, her
son was denied to operate a business in that area because it is designated residential and
agricultural.
Mull said there is not a public meeting scheduled however a letter was sent to all residents
on Chief Thomas Road explaining the Convenience Site. There will be no waste buried on the
property. It will be very similar to the site on Highway 901. The current site is one acre and the
County does not own the property. The Chief Thomas Road property is zoned for the proposed
use.
COMMISSIONER COMMENTS & UPDATES
Commissioner Houpe said October is Breast Cancer Awareness Month.
Commissioner Houpe said the County tried to purchase property for a convenience site on
several occasions but each time the property went under contract. The County doesn’t own the 901
property.
Commissioner Brown said the Board strives to do everything correctly by the citizens. Staff
and the Board will ensure the site stays in good condition. He said a developer was also interested
in the property and could have put 40 houses on the property.
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October 17, 2023
Mull said the developer could have actually put approximately 70 houses on the property.
Commissioner Stroud said the Board is handcuffed because of state laws and is left with
some difficult issues including zoning. Law enforcement cannot enforce zoning laws. The County
is one of the few in the State that has stepped up to try and make a difference regarding STR.
NEW BUSINESS
(None)
COUNTY MANAGER’S REPORT
County Manager Beth Mull gave an update on the following:
Employee Service Awards will be Wednesday, November 1, 2023 at 8am at the Iredell
County Cooperative Extension, 444 Bristol Drive, Statesville.
The Board will have only one meeting next month; November 21, 2023.
CLOSED SESSION
The Board held a Closed Session prior to the regular meeting and there are no action
items to report.
ADJOURNMENT
MOTION by Commissioner Brown to adjourn at 8:02pm. The next regular meeting is
Tuesday, November 21, 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