Loading...
HomeMy WebLinkAbout11-5-2019 1 November 5, 2019 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES November 5, 2019 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, November 5, 2019 at 5:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government Center 200 South Center Street, Statesville, NC. Board Members Present Chairman James Mallory Vice Chairman Tommy Bowles Gene Houpe Marvin Norman Ken Robertson Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Debra Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: Add, under New Business, a discussion regarding the Board’s Rules of Procedure. PUBLIC HEARINGS Public hearing to consider a request by Joyce Johnson to release zoning and subdivision jurisdiction of two parcels totaling 4.43 acres to the Town of Mooresville: Planning Director Matthew Todd said the request is a release of Extra Territorial Jurisdiction (ETJ) to the Town of Mooresville so that the owner can obtain municipal water and sewer. The property is surrounded by mostly commercial uses and will be considered for annexation in December. Todd said there have been some questions regarding the release but there has been no opposition. Chairman Mallory asked if the property is across the street from Dollar General. Todd said there is a Dollar General nearby. Vice Chairman Bowles said this is the last piece of Johnson and Johnson Farm and property is right for development. The public hearing will be heard at 7pm. Public hearing to consider a request from John & Karen Michaels to rezone an .87 acre parcel along Oakridge Farm Highway, from Neighborhood Business (NB) to Residential Agricultural (RA): Planning Director Matthew Todd said there have been a number of rezonings in this area through the areas. This particular piece of property is currently zoned Neighborhood Business (NB) and there is a house on the property, but due to mortgage requirements the applicant is requesting to rezone back to residential. The property has been zoned NB since county-wide zoning took place. Todd said the owners have run different type homebased businesses through 2 November 5, 2019 the years. Planning Board voted 7-0 in support of the request. There was opposition at the Planning Board meeting. Commissioner Robertson said if the rezoning is approved the tax value of the property goes down, but not right away. Todd said the rezoning will have an impact on the tax value but was unsure of the timing involved. Vice Chairman Bowles asked if the present use would remain homebased business. Todd said the owner had a flag store and a FedEx drop-off in the past, but will no longer have those. Vice Chairman Bowles said there is a fair amount of vertical structures on the property. Todd said the house is large and there are several other structures on the property. Chairman Mallory asked if the property had been used as an Air BnB. Todd said they owner does rent individual rooms, but not a complete bed and breakfast. Commissioner Houpe asked if the zoning history of the property is kept on file in the event the owner decides to rezone back to NB. Todd said the zoning history of the property is a part of staff’s report. Todd said staff met with and explained to the owner that not many people would be willing to rezone commercially zoned property back to RA just for the value aspect. The owners are aware that a rezoning is required for the property to go back to commercial. Vice Chairman Bowles said the chance of going back to NB is good because of neighboring properties. Commissioner Houpe added that the property has been zoned NB before. Todd said a corner of the property falls within the Land Use Plan. By Rezoning to RA, it gives the owners a little flexibility to use property. Chairman Mallory asked if the property would be grandfathered in, and the owner would avoid more stringent commercial zoning requirements by rezoning to RA and then flip back to NB. Todd said once the property is rezoned to RA the owners can onl y use the property as residential. The property would not be grandfathered in because it was zoned NB before. Chairman Mallory asked if the property is incompliance with certain residential setbacks but not with commercial setbacks, now that it goes back to RA, if they request NB in the future, does what they have done to do what they could not do in a NB district, would they come back and ask to be grandfathered in. 3 November 5, 2019 Todd said it does have the potential, but there will be more problems with trying to do that than it would be trying to get around it. If the owners add on to the residence, they would have to meet the setbacks. The setbacks between NB and RA are not that different. Chairman Mallory suggested Todd make a note if there is a problem with st ructures that are converting to NB that they should be brought into strict compliance. The property should not switch back and forth in zoning jurisdictions to take advantage of the least restrictive guidelines. Commissioner Robertson said many times, there is opposition for a commercial rezoning request. Very few times, people object to one house. People tried to part property for future development at a lower tax rate by planting a couple of trees, calling it a farm, and having current use valuation. Robertson said that was fixed by switching it from farm-use to develop it then you owe taxes as if you owned it for the previous three years as development. Robertson said not implying that is what is going on with this situation, but the request is very unusual. Vice Chairman Bowles remembered one rezoning request from commercial to residential around 2008. The Board seated at the time was concerned there would be a landslide of people wanting to down zone because of the economy. The public hearing will be heard at 7pm. Public hearing to consider a request from Piedmont Landco, LLC, to rezone two parcels, approximately 33.5 acres, along Houston Road from Residential Agricultural (RA) to General Business (GB): Planning Director Matthew Todd said the rezoning request fits in with the 2030 Horizon Plan. Planning Board voted 7-0 in support of the request. There was no opposition or any negative feedback from the Town of Troutman. Todd said a portion of the property is under contract for commercial use. Vice Chairman Bowles asked if there was any feedback from the residents on Summertree Drive. Todd said there was no opposition at the Planning Board meeting or after. Commissioner Robertson said the public sometimes gets involved after the ink dries on the deal. Robertson would feel better about the request if plans for the property were disclosed. Vice Chairman Bowles asked if the request is a straight rezoning. Todd said yes. There will be some buffering requirements along the residential lots. There is come existing vegetation. Todd explained the current shape of the property will make it difficult to use the back piece of property with the setbacks. More likely than not, one day it will be somehow utilized with the piece to the west. Chairman Mallory asked if the property is in a watershed. Todd said no. There is a right of way for power lines. Vice Chairman Bowles asked about notices that are mailed to adjoining owners. 4 November 5, 2019 Todd explained that letters are mailed to adjoining owners before Planning Board and Commissioners’ meetings and pointed out there are only a few adjoining properties. A rezoning sign is also posted on the property. Vice Chairman Bowles wants to ensure that the public have due process. Commissioner Robertson said there is a small wedge between the property and the rest of the neighborhood and belongs to piece of property separated by road frontage by two additional parcels. The public hearing will be heard at 7pm. ADMINISTRATIVE MATTERS Request from Planning & Development to consider calling for a public hearing on November 19, 2019 in regards to text amendments to the Land Development Code: Planning Director Matthew Todd said this text amendment to one done before. Several years ago, the ordinance broke a bunch of separate ordinances together and scattered them throughout the ordinance. At the time, staff felt like it was a good idea but if someone asked for a copy of specific ordinance, they had to receive the entire 300-page ordinance with a list of sections to look in. The text amendment consolidates Erosion Control rules and regulations into an appendix and updates some General Statute changes that went in effect last year. The changes are things that the County is already abiding by but this is adding it to the ordinance to avoid any misunderstandings. Todd said the text amendments is trying to match the General Statute requirements and the model ordinance, including clarification of exclusions. The amendments also addresses new regulations from the General Statute regarding first time offenders and the maximum penalty per day, which is $5,000. The fee was set by General Statutes. Todd added that the text amendments provide clarification on half acre and less than half acre requirements. Previously, self-inspections were required after each phase of grading; self-inspections are now required after one inch of rainfall, which matches state requirements. Planning Board recommended in favor of recommending the changes. Commissioner Robertson said there was not a lot of substantial changes to the content. Todd said the only content change is the self-inspection after one inch of rainfall. Commissioner Robertson lived on Lake Norman before the ordinance went into effect and witnessed almost all of plant life cut down, almost to the shoreline during the process of development, and a small silt fence put up. It did not take much water to blow the silt fence away. Robertson said the developers had complied with the letter of the law but not the intent. The real damage is done when people do not protect the waterways. Robertson said the water systems and treatment systems are built to filter out the water quality. There is a real question of if people upstream substantially change the quality of the water and the plant that some municipality has already built and operated for years can no longer clean the water because someone upstream dirtied it up. Robertson posed if they are financially responsible for a new water treatment facility. Robertson said it is good to have an ordinance and Staff needs to be diligent in dealing with complaints because there is no recourse if someone ruins a stream or fills in a cove. 5 November 5, 2019 Commissioner Houpe asked about the pre-con meeting, step five, on page 7. Todd said the pre-construction meetings are critical to go over the plan and sequences of installing the measures to ensure the contractors in the field are on board with the approved site plan. Commissioner Houpe asked if there should be something in the ordinance to require property owners to correct any damages caused to someone else’s property or streams. Todd said there is a difference in the water having an orange color and it truly being sediment deposited on a neighboring property. There measures in place, sometimes manually getting sediment out with a shovel. Todd feels the ordinance is adequate in addressing offsite sediment. Chairman Mallory said it makes imminent sense to consolidate the information into one document. This item was placed on consent. Request from the Health Department for approval of budget amendment #9 to accept Bright Ideas Grant funds in the amount of $49,500 to purchase c old chain management equipment: Health Director Jane Hinson said there is a National Medical Countermeasures Program managed by the Department of Homeland Security, DHHS, and CDC. The purpose of the program is to build capacity for public health response to national emergencies. Because the County receives State funds through the Public Health Preparedness Branch, it is required to have a local preparedness program along with a local countermeasures plan. In doing so, the significance is the medical countermeasures program within 12 hours could provide the County access to antibiotics, anti-toxins, life support medications, and other med surge supplies. The program was established in the late 1990s when there was a concern over biological agents. Hinson said within the County’s plan there are guidelines on how to request, receive, organize, distribute, and dispense the assets in collaboration with Emergency Management. The County is required to have a full scale exercise every five years. Hinson invited the Board to participate in the pandemic flu exercise planned for Spring 2020. The local receiving site where supplies would come in, two points of open dispensing, and 30 points of closed dispensing are tested during the exercise. The open points of dispensing is where the community is invited to come. Hinson explained in the event of an actual flu epidemic and the entire community needed vaccinations, staff would run 24 hours continuously until everyone is vaccinated. The closed pods include hospital, jails, and nursing homes and in the plan staff already knows how many doses of the medication needs to be distributed at each facility. Hinson said during a flu epidemic the department would have over $3 million of vaccines on site. The vaccines must be kept within a certain temperature range to maintain its effectiveness. Currently, the department has a styrofoam container and a few coolers for transportation of the vaccines. Hinson explained the request is to accept grant funding for 10 (ten) - 60 Liter FridgeFreeze units, one 20 Liter FridgeFreeze unit, two Battery Backup Systems, 13 Temperature Monitoring & Data Loggers, four large carts to move fridge/freezers, one small cart to move FridgeFreeze units, one Temp-Shield Insulation System for the Cool Cube 03,and one Temp-Shield Insulation System for the Cool Cube 28. The estimated cost to ship and cover taxes for all of these products from three vendors is $1,335.90 for a total of $48,806.95. 6 November 5, 2019 Commissioner Robertson said this is not to maintain the temperature at the center but at the time of distribution. The department has a generator should the power go out. Hinson said approval of the request would provide transportation of vaccinations to the site and maintain the temperature throughout the event. Hinson added the department is required an alarm system on state immunizations at both Health Department locations because there are hundreds of thousands of state vaccines that staff does not want to have to replace. Hinson said the generator kicks on if something happens. Chairman Mallory expressed appreciation to Hinson and staff for taking the time to apply for grants. This item was placed on consent. Request from Parks & Recreation for approval of budget amendment #10 to accept a grant in the amount of $5000 from USA Archery: Parks and Recreation Director Michelle Hepler introduced Youth Program Specialist Seth Gardner, who joined the department in the Spring and hit the ground running. Hepler said the funds will cover staff training, certifications, and all equipment needed to start and run an archery program. The grant accep tance comes at no cost to the County. Hepler said there will be minimal future budget implications. The lifespan of equipment is approximately five years, depending upon use. Staff training and certification cost will be less than $200 every three years. Hepler said approval of the request will expand Parks and Recreation programming by bringing a safe, structured activity that includes adaptive resources for inclusive programming. Hepler said the program style can be adapted for participants of all ages and all abilities. The equipment will be split up for storage at Jennings Park and the Recreation Center. Jones added that the archery program is a component of the Outdoor Education Program. Hepler said it is similar to the department’s canoeing and environmental education programs. Chairman Mallory said this is an additional aspect of the programming menu but will not morph into a league. There is an existing entity to handle competitive archery. Hepler agreed. Budget Amendment Fiscal Year 2019-20 BA#9 11/5/2019 Appropriate Bright Ideas Grant to purchase Cold Chain Management Equipment Account # Current Budget Change Amended Budget 10491514 440003 45151 HD Grants - (49,500) (49,500) 10915141 535016 45151 Supplies - Medical & Drugs - 2,608 2,608 10915141 620000 45151 Non-Depreciable Assets - 46,892 46,892 7 November 5, 2019 Vice Chairman Bowles asked the reoccurring expense on replacement of the equipment. Hepler said if the program is successful, the replacement cost could be built into the department’s general budget. The replacement cost is approximately $3500 – 3700 for targets, bows, and arrows. Hepler said replacement will depend on the wear and tear. Vice Chairman Bowles if the County currently provides an archery program. Hepler said the department has provided archery for summer camp students in the past using very limited equipment, but nothing as substantial as provided within the grant. This item was placed on consent. Request from Clerk to the Board for approval of the 2020 Meeting Calendar: County Manager Beth Jones said staff added tentative dates for Board retreats and it was suggested to move the Fall Retreat from November 13 to December 11, 2020. Jones said historically the Board does not meet the first Tuesday in November as it is Election Day. Chairman Mallory said moving the retreat to December would afford the new Board membership to participate in the retreat. Commissioner Robertson said if the retreat is moved, the Board will have two retreats within 60 days. Chairman Mallory said the opportunity to get board members up to speed is beneficial particularly with the Strategic Planning Process. Commissioner Norman asked about the two meetings slated for July 2020. Traditionally the Board only meets the third Tuesday in July because of the Independence Day holiday. Jones said yes, typically the first meeting in July is cancelled because of the holiday, however, since Independence Day is on the weekend, staff left the first meeting in. Jones said if the Board wishes to continue with one meeting in July, it would be normal practice. Staff opted not take it out of the calendar because the holiday fell on a weekend. Commissioner Norman is fine with meeting the first week as long as there is business to conduct. Budget Amendment Fiscal Year 2019-20 BA#10 11/19/2019 To record US Archery grant award of training certifications and all equipment needed to start an archery program. Account # Current Budget Change Amended Budget 104655 438802 20655 Explore Archery Grant - (5,000) (5,000) 105655 535000 20655 Supplies - Departmental - 5,000 5,000 8 November 5, 2019 Commissioner Robertson had a conflict with February 14 & 15, the tentative dates for the Winter Retreat. Jones said staff decided not to push it out further because the Board delves into the budget during the Winter Retreat, but the date can certainly be pushed back if the Board chooses. Jones asked if the Board would like to take off the tentative dates. Commissioner Robertson said it is helpful to have a placeholder. Commissioner Norman agreed. Chairman Mallory suggested moving the Winter Retreat to February 21 & 22, 2019 (tentatively). Jones asked if the Board is okay with the suggested date of December 11, 2020 for the Fall Retreat. This item was placed on consent with the following changes: The Winter Retreat is tentatively scheduled for February 21 & 22, 2020 and the Fall Retreat is tentatively set for December 11, 2020. Request from Clerk to the Board for approval of the minutes from October 1 and 15, 2019: This item was placed on consent. ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS Centralina Economic Development Board of Directors – 2 announcements Chairman Mallory asked if any current members are interested in serving again. Jones said it was recommended that Jenn Bosser serve on the Board of Directors in her capacity with Iredell County Economic Development Corporation (ICEDC). Chairman Mallory asked who the previous members were. Beth Jones and Russ Rogerson, former President of ICEDC were former members. Jones volunteered to serve again unless someone else is interested in serving in that capacity. APPOINTMENTS TO BOARDS & COMMISSIONS Recreation Advisory Board – 1 appointment Commissioner Houpe asked if the previous member was interested in serving again. Clerk to the Board Amy Anderson said the vacancy is a result of a member resigning from the advisory board. 9 November 5, 2019 UNFINISHED BUSINESS (None) NEW BUSINESS Chairman Mallory said it has been proposed to discuss the potential for phoning in from remote locations to participate in meetings and suggested the Board discuss the matter and arrive at a sense of how to move forward, and potentially vote on the matter in two weeks. This gives the Board a chance to further refine any questions. Commissioner Houpe said if there is no policy on the matter, the Board falls back on Roberts Rules of Order, which requires a member to be physically present to vote. If the Board decides on a policy that allows for remote participation members will be able to call in, participate in the meeting, and vote. Houpe explained that he spoke with Frayda Bluestein, Professor at the UNC School of Government. Bluestein suggested remote participation be limited to two meetings a year and a quorum of the Board be made up of only members who are physically present at the meetings. This would allow no more than two participate remotely, if necessary. Participating remotely more than twice would require board approval, by majority. Houpe shared that Bluestein added if there is remote participating for a meeting that contains a highly contentious item it can be continued until the members are physically present or the Board may proceed with the members remotely participating, if there is a policy adopted. Houpe said members miss meetings for various reasons (i.e. sickness, sick family members, emergencies). Houpe said remote participation would not require specific equipment. If the Board decides to move forward with consideration, there would be a limit of two to three times per year without further board approval. Most boards throughout the State allow remote participation for various reasons. County Attorney Lisa Valdez said the Rules of Procedure need to address who gives approval to that member to miss a meeting. Valdez prefers the member call the Chairman. This would avoid violation of any open meeting laws. Commissioner Houpe explained that Bluestein suggests the member give written notice to the Chairman a week before the meeting, anything shorter than that could be voted on by the Board at the meeting in order to allow the member to call in. Valdez said it is helpful to know ahead of time if a member is going to miss a meeting because of the requirement of a quorum. For planning purposes Commissioner Robertson recalled one time of having only three members present. Robertson added that remote participation could be helpful for Commissioners whose job requires travel. In the past, if a member was absent and a contentious matter was on the agenda the meeting was continued until all the members were present. Robertson said allowing remote participation would be a way to accommodate using today’s technology, as long as there are parameters in place to prevent it being taken advantage of. Vice Chairman Bowles shared the same concerns. Commissioner Norman said shared concerns over members calling in from home when that member is elected to serve in a seat. 10 November 5, 2019 Vice Chairman Bowles said a criteria needs to be set where a member is not able to call in just to avoid a contentious case because the people elected the Board to be present. Commissioner Robertson said in the past, the Board has changed meeting dates if members were going to be absent. The Board’s reputation is such that all members try to attend but the change will give a degree of flexibility realizing that it is different age now. Commissioner Norman said a member who is absent because of sickness should be able to depend on the rest of the Board to make decisions. Commissioner Robertson said the change would not mandate a member who is going to be absent to participate remotely. Commissioner Houpe said it allows the option. Chairman Mallory said this is process and procedure, and can be crafted in such a way to address the issues mentioned. It is impossible to cover every situation, at some point and time it may be a judgement call whether it looks abusive or not. Mallory expressed understanding for Commissioner Norman’s concerns, and said the Board is small, with only five members. When someone is absent, 20% of input is missing into discussions. Mallory said each member has different experience and knowledge, so anything that the Board can do to gather more information from members into the decision making process is an improvement of substance. Accommodating members that have business conflicts or longstanding family vacations would allow them to be a part of the discussion and share their insight. The board performs collective. Mallory said the change in Rules of Procedure would not mandate remote participation. Vice Chairman Bowles said the Town of Mooresville allows remote participation for planning sessions and Closed Sessions, but not regular Council meetings. Bowles said there is various types of technology available and the request is worth consideration. Chairman Mallory asked Valdez to create a draft amendment to the Rules of Procedure and distribute a copy to the Board. The amendment will considered at the next regular meeting. Commissioner Houpe asked if the Board can limit of remote participation is two or three by board policy and any further would require board approval, and if members who are physically present would count towards a quorum. Houpe asked if Valdez had a suggested timeline of giving notice to the Chairman of an absence. Valdez said as much notice as possible would be ideal, possibly a minimum of five days, but there will need to be an accommodation for emergency situations. Vice Chairman Bowles said a member who is sick has the option to be absent from the meeting. COUNTY MANANGERS REPORT County Manager Beth Jones gave an update on the following items: 11 November 5, 2019  County offices will be closed November 11, 2019 in observance of Veteran’s Day. Jones expressed appreciation for all the Veterans who have served the Country.  The Board of Commissioners will hold their Fall Retreat Friday, November 15, 2019, 8am – 5pm, at the Iredell County Public Library. The Board entered into Closed Session at 6:06PM IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES November 5, 2019 The Iredell County Board of Commissioners met in regular session on Tuesday, November 5, 2019 at 7:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chairman James Mallory Vice Chairman Tommy Bowles Gene Houpe Marvin Norman Ken Robertson Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Debra Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of silence or reflection. PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA County Manager Beth Jones said a discussion regarding Commissioner Meetings Rules of Procedure will be added under New Business. MOTION by Commissioner Norman to approve the agenda as adjusted. VOTING: Ayes – 5; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD (None) PUBLIC HEARINGS 12 November 5, 2019 Public hearing to consider a request by Joyce Johnson to release zoning and subdivision jurisdiction of two parcels totaling 4.43 acres to the Town of Mooresville: Planning Director Matthew Todd said the owner is requesting the release of Extra Territorial Jurisdiction (ETJ) and has applied for annexation with the Town of Mooresville, to be considered in December 2019. There are commercial and residential uses on the two properties. Todd said the 2030 Horizon Plan calls for the area to be Rural Commercial. The property is under contract and the future owner would like municipal water and sewer for the property. Chairman Mallory opened the public hearing. Warren Dunford was available to answer any questions on behalf of the applicant. William Manella, president of the Johnson Manor Homeowners’ Association, asked if the access to the property will be from Martingale, Shearers, or Rocky Rover Road. Manella said having an access on Martingale would be a burden on nearby residents. Manella suggested that Johnson Manor residents and its HoA be informed of any future plans for the property. The development of the property should develop within the regulations of Mooresville. Chairman Mallory explained that the current request is a release of jurisdiction to Mooresville. The issues of access, lighting, and setbacks will have conform with Mooresville’s regulations and that process involves hearings relative to any site specific plans. Manella asked if Mooresville will notify Johnson Manor of the meetings so they can voice concerns. Vice Chairman Bowles said if the use is permitted by right and the zoning does not change the applicant would present a site plan to Mooresville’s Planning Department and it will not be considered by Planning Board or Town Council. If there is going to be a zoning change, there will be a public hearing. Bowles said it would be very unlikely for the corner property to be residential. It is a high traffic area and the County’s plan calls for the area to be Rural Commercial. Bowles said that property may be slated as commercial in Mooresville’s Land Use Development Plan or the Mooresville One Plan. Bowles said there is no site specific plan right now, but Manella could contact Mooresville’s Planning Department to find out an overview of the plans for the property once applications are submitted. Commissioner Robertson said the Town of Mooresville’s development regulations are more restrictive than the County. Vice Chairman Bowles said the County has to provide a plan that works from Exit 33 to Exit 65. The Town of Mooresville focuses on a more concentrated area. Bowles added that he grew up in the neighborhood. It is a changing time in Mooresville. There is a lot of residential development going on southeast of Mooresville. With residential development, the need for grocery stores and similar increase. Bowles said the request is appropriate. Chairman Mallory closed the public hearing. MOTION by Vice Chairman Bowles Motion to approve the request for a release of zoning and subdivision jurisdiction to the Town of Mooresville by Joyce Johnson. 13 November 5, 2019 VOTING: Ayes – 5; Nays – 0 Chairman Mallory suggested that Manella engage with the Town of Mooresville and the property owners. The property owners may want to address concerns of local community members. DEPARTMENT OF PLANNING & DEVELOPMENT PLANNING STAFF REPORT Release of Zoning & Subdivision Jurisdiction Staff Project Contact: Rebecca Harper EXPLANATION OF THE REQUEST Joyce Johnson has requested the zoning and subdivision jurisdiction of two parcels totaling 4.43 acres be released to the Town of Mooresville. The property is under contract and the future owner wants municipal water and sewer for the sites. OWNER/APPLICANT OWNER: Joyce Johnson 123 Rocky River Road Mooresville, NC 28115 PROPERTY INFORMATION LOCATION: 111 & 123 Rocky River Road in Mooresville; more specifically identified as PIN #s 4665451066 & 4665454065. DIRECTIONS: Hwy 3 south, Right on Rocky River Road, at the corner of Shearers Road. SURROUNDING LAND USE: This property is surrounded by a commercial and residential uses. SIZE: The property is 4.43 acres. EXISTING LAND USE: One of the properties has a home on it. The other has been used for auto repair. ZONING HISTORY: The property at 123 Rocky River Road has been zoned R-A since county-wide zoning was established in 1990. The property at 111 Rocky River Road was rezoned from RA to NB in 2012. OTHER JURISDICTIONAL INFORMATION: This property is located within Mooresville’s short range USA boundary. The Town has approved water and sewer extension to the project and the Planning staff has submitted a letter of acknowledgement, both of which have been included in the packet. 14 November 5, 2019 OTHER SITE CHARACTERISTICS: This property is not located in a water supply watershed therefore there are no minimum lot size/impervious coverage restrictions. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The 2017 traffic count on Shearers Road was 11,000 trips per day. The latest count for Rocky River Road in 2014 was 5,200 trips per day. The Town of Mooresville requires a TIA when a proposed development will generate 500 daily trips or 100 trips at the peak am and pm hours. SCHOOLS: This property is located in the Mooresville Graded School District. STAFF COMMENTS STAFF COMMENTS: From a Planning perspective, this request meets the criteria for release of zoning and subdivision jurisdiction. The parcels would be adjacent to other parcels already within the Town’s jurisdiction and the Town has agreed to provide water and sewer to the site. The Town Planning staff is in support of this request. The property is identified as Rural Commercial in the 2030 Horizon. The Mooresville One plan currently has this area identified as a neighborhood center, which allows uses similar to the County’s Neighborhood Business District. **** Public hearing to consider a request from John & Karen Michaels to rezone a .87 acre parcel along Oakridge Farm Highway, from Neighborhood Business (NB) t o Residential Agricultural (RA): Planning Director Matthew Todd said the property is adjacent to existing Residential Agricultural (RA) and an existing residential neighborhood. Staff supports the request based on the 2030 Horizon Plan, the property’s close proximity to established residential properties, and the rezoning should not have a negative impact on traffic. The property has a house and existing outbuildings. Planning Board voted unanimously to recommend in support of the rezoning request. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner Robertson 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 an Agricultural Residential designation, it adjoins established residential properties, and traffic impacts should be decreased. VOTING: Ayes – 5; Nays – 0 Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 1910-1 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST 15 November 5, 2019 This is a request to rezone an approximately .87 acre parcel along Oakridge Farm Highway, from Neighborhood Business (NB) to Residential Agricultural (RA). This is a straight rezoning and no conditions are proposed at this time. OWNER/APPLICANT OWNER/APPLICANT: John & Karen Michaels PROPERTY INFORMATION ADDRESS/LOCATION: 1307 Oakridge Farm Highway; more specifically PIN 4677571590.000. SURROUNDING LAND USE: There are neighborhood business uses directly to the north, south, & east, with an assembly hall to the east. To the west, a residential agricultural subdivision adjoins this property. SIZE: The acreage to be rezoned includes approximately .87 acres. EXISTING LAND USE: Currently, a private residence, offering occasional “Airbnb” type vacation rental. ZONING HISTORY: This property has been zoned Neighborhood Business (NB) since county -wide zoning was established in 1990. However, several of the NB parcels surrounding this NB parcel are still vacant, or have yet to actually be commercially developed. OTHER JURISDICTIONAL INFORMATION: This property is located within the Town of Moores ville’s Urban Service Area. Mooresville’s Planning Department had no comments or concerns. OTHER SITE CHARACTERISTICS: This property is located within the regulated WS-II-Balance of Watershed Area for Back Creek. The property is not located in a flood hazard zone. UTILITIES: This site is currently served by well and septic. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest and most recent traffic count is just to the west of the site, along Oakridge Farm Highway, before Oak Meadow Road, which had a traffic count of 16,000 vehicles per day in 2017. According to the Comprehensive Transportation Plan 2008 Study Re port for Iredell County, the capacity for this section of Oakridge Farm Highway is approximately 12,700 vehicles per day through the year 2030. The speed limit along this section of Oakridge Farm Hwy is 45 mph. SCHOOLS: This is a residential rezoning of only one parcel, containing only one SFD. The request should have no implications on local schools. 16 November 5, 2019 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: As an existing residence, no commercial site plan will be submitted for review. In the event of residential additions or accessory structures, the applicant must obtain the appropri ate permits and inspections at such time. STATE: Other than maintaining building code standards, there will be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: In the past, this exist ing private residence has served as a Pack & Ship FedEx terminal and packaging store, with bed & breakfast style room rental options. The owner/applicant is ready to close the FedEx terminal/packaging store portion of their operation, and only offer vacation rentals in the “Airbnb” capacity. The request to down zone their property to residential use only, will allow them to meet proper home mortgage requirements. According to the 2030 Horizon Plan, the property is within the Agricultural Residential use d esignation, with exception to a small portion of the SE corner that is included in the proposed Rural Commercial node delineated around the intersection of Oakridge Farm Hwy and Landis Hwy. Agricultural Residential Areas are generally located in rural parts of the County that lie outside of defined Urban Services Areas, or that lie within water supply watershed protection areas where dense development is discouraged. The intent of these lands is that they will remain rural in character, and may include some farming operations, accessory farming uses, single -family residences, accessory dwelling units, churches, parks, and institutional uses. The property in question adjoins an established residential agricultural (RA) neighborhood, known as Oakmeadow subd ivision. In addition, a down-zoning to residential use only, at this site, should help decrease traffic impacts along a section of roadway already well over capacity. The Planning staff can support the proposed rezoning request based on the following: The property is within the 2030 Horizon Plan’s Agricultural Residential use designation, it adjoins established residential properties, and traffic impacts should be decreased. SITE REVIEW COMMITTEE: Staff visited site on September 13, 2019. PLANNING BOARD ACTION: On October 2, 2019, the Planning Board held a public meeting to hear the rezoning request. There was no public present in favor or opposition. The board voted 7-0 to recommend in favor of the rezoning. **** Public hearing to consider a request from Piedmont Landco, LLC, to rezone two parcels, approximately 33.5 acres, along Houston Road from Residential Agricultural (RA) to General Business (GB): Planning Director Matthew Todd said staff supports the rezoning request based on the 2030 Horizon Plan calling for the area to be Employment Center/Industrial Flex Office Use, past site suitability study supports commercial and industrial development based on the utilities in the area, and the property is adjacent to existing commercially used properties. Planning Board voted unanimously in support of the request. There are some commercial uses in the area and residential uses behind the property. With the current development standards, 17 November 5, 2019 screening and buffering will be required along the back of the property. Todd said the owner may be able to take advantage of some existing vegetation. There will also be some landscapi ng requirements along the road and possibly the parking areas. Chairman Mallory asked if there was any public input at the Planning Board meeting. Todd said there was no public in attendance and staff heard no public concerns about the request. Chairman Mallory opened the public hearing. Howard Bryan, owner/applicant, said the property is located across the street from the Lowes Planogram Facility. Bryan stated there is a business that would like to begin construction in a few weeks. Commissioner Robertson asked how the property is likely to develop and how it would potentially affect the neighboring subdivision. Bryan said the property is likely to develop into 10-acre tracts to house around five businesses. The property will be accessed by Houston Road. Bryan explained that the residents of the subdivision use Ostwalt-Amity Road to access their property. Bryan added that the residents are satisfied with the rezoning request. Chairman Mallory closed the public hearing. MOTION by Commissioner Houpe 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 Employment Center – Industrial/Flex/Office commercial designation, site suitability analysis supports commercial/industrial development, and it is adjacent to existing commercially used properties. VOTING: Ayes – 5; Nays – 0 Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 1910-2 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST This is a request to rezone two parcels, approximately 33.5 acres, along Houston Road near Troutman, from Residential Agricultural (RA) to General Business (GB). This is a straight rezoning and no conditions are proposed at this time. OWNER/APPLICANT OWNER/APPLICANT: Piedmont Landco, LLC, c/o Manager Howard Bryan PROPERTY INFORMATION 18 November 5, 2019 ADDRESS/LOCATION: 263 Houston Road; more specifically PINs 4750173577.000 and 4750180208.000. SURROUNDING LAND USE: There are residential agricultural uses directly to the north, east, & west. However, there are various General and Highway Business uses to the south and further west, along I -77. SIZE: The acreage to be rezoned includes two parcels, totaling an approximately 33.5 acres. EXISTING LAND USE: Fronting along Houston Road, an abandoned and dilapidated SFD with a detached residential accessory structure remains. Otherwise, parcels are currently vacant. ZONING HISTORY: This property has been zoned Residential Agricultural (RA) since county-wide zoning was established in 1990. OTHER JURISDICTIONAL INFORMATION: This property is located within the Town of Troutman’s Urban Service Area. Troutman’s Planning Department supports the rezoning, as long as proper screening and/or vegetative buffers are installed along the northern property lines bordering a residential subdivision. OTHER SITE CHARACTERISTICS: This property is not located within a regulated Watershed Area. Both parcels contain areas of flood hazard zone, along Shinns Creek. UTILITIES: This site is currently only served by well and septic. The la rger tract, with frontage along Houston Road, is crisscrossed by easements for Duke Energy power-line towers and Dominion Energy natural gas lines. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest and most recent traffic count is to the west of the site, across I -77 along Houston Road just before Julian Place, which had a traffic count of 1,900 vehicles per day in 2016. Current capacity data is unknown, due to the fact that this section of Houston Road is considered a minor thoroughfare, or local road. The speed limit along this section of Houston Road is 45 mph. SCHOOLS: This is a commercial rezoning and should have no implications on local schools. 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: The applicant must provide a commercial site plan to the Pl anning & Development Department for review in order to develop the property. Zoning requirements such as parking, 19 November 5, 2019 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: As part of the Duke Energy Site Readiness Program, a 2009 site suitability analysis included this section of Houston Road, and the two parcels being considered for rezoning, in an evaluation for location of a future Troutman Business Park. Proximity to I -77 and readily available various public utilities make this sizable site desirable for comm ercial development. The 2030 Horizon Plan calls for both parcels in question to support Employment Center – Industrial/Flex/Office uses. Employment Center – Industrial/Flex Space/Office area are intended for development of industrial, flex space uses including light manufacturing and assembly, research and development, warehousing, and building trade showrooms and offices. Such development should provide adequate transition to adjacent lower intensity uses, such as residential and commercial uses, in the form of vegetated buffers, landscaping, setbacks, and building heights. These parcels, just east of an I -77 interchange and just outside of the Town of Troutman’s Municipal Planning area, are adjacent to other land uses designated as Corridor Commercial in nature, according to the 2030 Horizon Plan. Troutman’s long -range Future Land Use Plan also identifies these parcels as Heavy Industrial/Interchange Commercial. Thus, the site could be incorporated into and serviced by the town at some point in the fu ture. Any proposed mini-industrial park type of development should be designed to provide greater connectivity within and to adjacent developments, pedestrian access should be a priority, and landscaping, signage, and building design/orientation should be consistent within individual developments. The Planning staff can support the proposed rezoning request based on the following: The property is within the 2030 Horizon Plan’s Employment Center – Industrial/Flex/Office designation; as well as being designated Heavy Industrial/Interchange Commercial within the Town of Troutman’s Future Land Use Plan, site suitability analysis supports commercial/industrial development, and it is adjacent to existing commercially used properties. SITE REVIEW COMMITTEE: Staff visited site on September 13, 2019. PLANNING BOARD ACTION: On October 2, 2019, the Planning Board held a public meeting to hear the rezoning request. There was no public present in favor or opposition. The board voted 7-0 to recommend in favor of the rezoning. **** ADMINISTRATIVE MATTERS County Manager Beth Jones summarized the items that were placed on the consent agenda as follows:  Request from Planning & Development to consider calling for a public hearing on November 19, 2019 in regard to text amendments to the Land Development Code. 20 November 5, 2019  Request from the Health Department for approval of budget amendment #9 to accept Bright Ideas Grant funds in the amount of $49,500 to purchase cold chain management equipment.  Request from Parks & Recreation for approval of budget amendment #10 to accept a grant in the amount of $5000 from USA Archery.  Request from Clerk to the Board for approval of the 2020 Meeting Calendar.  Request from Clerk to the Board for approval of the minutes from October 1 and 15, 2019. MOTION by Commissioner Norman to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS Centralina Economic Development Board of Directors – 2 appointments APPOINTMENTS TO BOARD AND COMMISSIONS Recreation Advisory Board (1 appointment) MOTION by Commissioner Norman to appoint Debra Tatu. VOTING: Ayes – 5; Nays – 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD (None) NEW BUSINESS Chairman Mallory said there was a discussion at the pre-agenda meeting concerning changing some of the internal rules for the Board relative to remote participation of members when they are unable to attend a scheduled Board meeting, either by telephone or the appropriate technology available. The Board asked County Attorney Lisa Valdez to put together an option to address limiting the number of times that a Commissioner can avail themselves of this option. Mallory explained it would be option if a member is absent, they would not have to participate remotely. Members that participate remotely would not be counted towards the quorum requirement. Valdez will present the changes at the next meeting. 21 November 5, 2019 Chairman Mallory noted that the item was requested by Commissioner Houpe and thanked him for the research. COUNTY MANAGER’S REPORT County Manager Beth Jones gave an update on the following items:  County offices will be closed November 11, 2019 in observance of Veteran’s Day. Jones expressed appreciation to all the Veteran’s for their service, some of which who serve on the Board.  The Board of Commissioners will hold their Fall Retreat Friday, November 15, 2019, 8am – 5pm, at the Iredell County Public Library. Chairman Mallory reminded everyone that Board retreats are open to the public. The Board makes a conservative effort to hold retreats at County offices to showcase the hard work that goes on throughout County. The Fall Retreat will be an opportunity for folks to take a good look at the County Library. Jones said there was a method in selecting the Library as the location. Staff would like to show the Board the first floor renovations, which are almost complete. This project is expected to wrap up before the end of the year. CLOSED SESSION Chairman Mallory said a Closed Session relating to Attorney Client G.S. 143-318.11 (a) (3) was held immediately following the pre-agenda meeting and there are no action items to report. ADJOURNMENT MOTION by Commissioner Norman to adjourn at 7:26PM. The next regular meeting will be November 19, 2019, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk