HomeMy WebLinkAbout9-1-2020
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September 1, 2020
IREDELL COUNTY BOARD OF COMMISSIONERS
PRE-AGENDA MINUTES
September 1, 2020
The Iredell County Board of Commissioners met in pre-agenda session on Tuesday,
September 1, 2020 at 6:00 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 Thomas Bowles
Gene Houpe
Board Members Absent
Marvin Norman
Ken Robertson
Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, Assistant County Manager Joe Pierce, and Finance Director Debra
Cheek.
CALL TO ORDER: Chairman James Mallory called the meeting to order.
ADJUSTMENTS TO THE AGENDA: Chairman Mallory added an item under New
Business.
ADMINISTRATIVE MATTERS
Request from Stony Point Volunteer Fire Department for approval of budget
amendment #8 and to allocate $20,000 from the East Alexander fund balance to assist with
the purchase of equipment to supplement a recent grant award: Emergency Director Kent
Greene said prior to joining the All-County Fire Tax Service District, the four voted tax districts
maintained a fund balance. Stony Point Volunteer Fire Department is requesting to withdraw
$20,000 from their fund balance.
Vice Chairman Bowles said the All-County Fire Tax Service District set the voted tax
districts to zero, but left a fund balance.
Greene agreed and reminded the Board that Troutman Fire Department recently made a
similar request.
Vice Chairman Bowles asked what will happen when the fund balance is used up.
Greene said it will effectively be zero. There may be some small deposits made based on
delinquent taxes, but there should not be any excessive amounts.
This item was placed on consent.
Request from Solid Waste for approval of temporarily reducing domestic livestock
mortality disposal fee to $25 per occurrence through December 31, 2020: Solid Waste David
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September 1, 2020
Lambert said the County’s livestock producers recently lost access to the most economic and
physically feasible avenue for disposing of mortalities. Although on-farm burial is permissible it
is not a preferred method due to potential risks to the environment and public health. Many smaller
farms do not have the necessary equipment to perform this task. Some farms are have purchased
equipment, while others are researching alternatives for disposal. Until these issues are dealt with
the County’s MSW Landfill is a safe efficient alternative for disposal. Its operating permit already
allows for livestock disposal. Fees would be based upon twenty-five dollars per occurrence versus
the current per ton rate making it more affordable to farmers. The change will have a temporary
impact on the Solid Waste enterprise fund of approximately of $4100 and can be offset by
reduction in amount owed to the General Fund.
Chairman Mallory asked if there will be a resolution by the end of the year.
Lambert said there is some research being done and the State is providing some grant
funding to help.
Chairman Mallory expressed appreciation to Representative Jeff McNeely for making the
Board aware of the issue.
This item was placed on consent.
Request from Elections for approval budget amendment #11 to appropriate CARES
Act Funding in the amount of $157,728: Elections Director Becky Galliher requested approval
of budget amendment #11 to help cover the cost of salaries, overtime, extra precinct workers,
mailing, and postage. Galliher expects an increase in all aspects because of the effects of COVID-
19. Galliher said staff has entered 11,343 absentee request and there are 5,000 waiting to be
entered.
This item was placed on consent.
Request from Elections for approval of budget amendment #12 to appropriate Help
America Vote Act Funds in the amount of $250,000: Elections Director Becky Galliher
requested approval of budget amendment #12 to be used for printers and scanners for the new one-
stop voting site and salaries.
Chairman Mallory asked Galliher to describe the steps being made to ensure voters’ safety
during the upcoming elections.
Galliher explained there will be additional poll workers to ensure social distancing, voting
booths will be cleaned periodically, and certain items will not be re-used (pens, etc.).
Commissioner Houpe asked about electioneering.
Galliher said the State said guidance is coming regarding electioneering. The State does
not want to stop electioneering because it is a First Amendment right, however, the Board of
Elections would like some help since staff is taking precautions to keep voters safe. Galliher has
been in discussion with the two party chairs and they are concerned over things being handed out
during electioneering. The party chairs are talking about trying to discourage electioneering within
their own parties.
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September 1, 2020
This item was placed on consent.
Request from the Finance Department for approval of the amended Project
Ordinance for Mooresville High School and budget amendment #9 to appropriate remaining
funds of the project to the Mooresville Graded School District: Finance Director Deb Cheek
said the Mooresville High School Capital Project has been completed and the project has residual
funds in the amount of $3,187. Mooresville Graded School District has requested the remittal of
these funds to them to be distributed for other capital needs. These funds are the result of additional
sales tax refunds earned and savings on the Testing/Permitting costs of the project.
This item was placed on consent.
Request from the Finance Department for approval of budget amendment #10 to
appropriate remaining FY20-21 funding to the Children’s Hope Alliance’s Treatment
Alternatives for Sexualized Kids (TASK) program: Finance Director Deb Cheek said the
Juvenile Crime Prevention Council (JCPC) met on August 11, 2020 and approved additional
funding to Children’s Hope Alliance for their TASK program. There were $56,370 in reserved
funds from the original funding allocation.
This item was placed on consent.
Request from Administration for review of the proposed North Carolina Association
of County Commissioners’ (NCACC) Legislative Goals: The NCACC asks for goals for local
counties and governments. County Manager Beth Jones went over the list of suggestive goals
submitted by department directors.
Jones also provided a list of previous goals as there were a couple that made it to the
NCACC endorsed goals.
Chairman Mallory asked about EMS and their legal authority to act as Medical Examiner.
Jones said staff explored the idea for EMS personnel to act as the medical examiner,
however the County cannot pay an employee and that employee have a contract with the County.
There can be a partnership with another county or continue to contract with the State.
Chairman Mallory suggested looking into changing the law and allowing paramedics have
ME duties.
Jones said the State feels that is a conflict of interest and there has to be a degree of
separation.
Commissioner Houpe asked about contracting with the rescue squad, if the member is not
active county employee.
County Attorney Lisa Valdez said the person cannot be on the County payroll. There are
liability issues involved with whose job it is to do what. There are also IRS issues.
The Board will revisit the goals at the September 15, 2020 meeting.
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September 1, 2020
The North Carolina Association of County Commissioners’ legislative goals process is
now underway. The NCACC goal setting process is open, inclusive and deliberative and is
designed to give all 100 counties a voice in developing the Association’s legislative agenda. The
setting of the NCACC’s legislative agenda is completely member driven, making your
participation critical to our success in serving and representing all 100 counties at the General
Assembly. The deadline to submit goal proposals is September 30, 2020.
Animal Services
1. Statute: Sec. 3-16. Redemption of animals. During the time an animal is impounded at the
animal shelter it shall be available for redemption to the owner. Redemption service fees,
boarding fees and trailering fees for livestock will be set by Iredell County Board of
Commissioners. 870 (Ord. of 5-6-86, § XIV; Ord. of 4-4-89, § XIV; Ord. of 3-4-03)
Added Proposal
If the impounded animal is injured or sick and received medical care, the owner will be responsible
for the medical cost associated with the animal. At the time of redemption the owner of such animal
will need to pay for the medical care given. The owner will receive a copy of all medical treatment
given to the animal.
Every redeemed dog and cat that does not have a microchip will be given one by Animal Services
upon redemption.
Example
On 1/2/20 ICAS brought in a stray dog was impounded and needed to go to the emergency
veterinarian because of damage to the dog’s eye. After medical care was given the person who
called the complaint in ended up being the owner. ICAS paid approximately $508.87 dollars and
the dog was redeemed to the owner. The cost of medical care was approximately $508.87.
On 7/1/20 ICAS received an owner surrender puppy who was extremely lethargic and needed
emergency care. ICAS had the owner surrender the puppy to us and the puppy received emergency
care. Later in the day the boyfriend of the “owner” came into ICAS demanding his puppy back
stating the puppy was surrendered not by the actual owner. The puppy was redeemed after $115.27
of medical care was provided.
On 11/08/19 a boxer mix was turned in as a stray with a broken leg. The dog was treated by ICAS
and given medical care for the leg. ICAS put the dog into adoptions were the original owner came
to reclaim the dog. ICAS incurred the $325.74.
Reasoning:
ICAS would like to be able to ask for the medical costs given to an owned animal. When the Petco
grant funds run out in October 2020 ICAS will have to incur these additional costs. The above
examples are just a few of incidents in the past couple months. ICAS is applying for future grants
to be able to assist animal owners with veterinary care but the grant is not guaranteed.
If ICAS microchips every animal that is redeemed to their owner, we can identify the animal and
return the animal to the rightful owner in the field. This policy would help reduce the amount of
animals being impounded and increase our redemptions in the field. ICAS would have to raise the
redemption rates for dogs from $25 to $30 and cats from $10 to $15.
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September 1, 2020
2. Statute: (9) Deceased animals. It shall be the duty of the owner or person in charge of any
animals that die from any cause, and the owner, lessee or person in charge of any land
upon which any animals die, to bury the dead animals to a depth of at least three (3) feet.
Added Proposal
Owners may relinquish their animals to the department's shelter provided the owner signs an
impoundment release form releasing possession of the animal to the shelter. Once the animal is
released to the shelter, the animal shall become the property of the county and may humanely
disposed of in accordance with the department's policies.
Reasoning
Give Iredell County residents an option to humanely dispose of domestic animals.
3. Statute: Owner or caretaker means any person, group of persons, firm, partnership, or
corporation owning, keeping, having charge of, sheltering, feeding, harboring, or taking
care of any animal or stray animal after forty-eight (48) hours without notifying the animal
shelter of the animal’s whereabouts. State law reference: Definitions pertaining to
Dangerous Dogs, G.S. § 67-4.1.
Added Proposal
Owner or caretaker means any person, group of persons, firm, partnership, or corporation owning,
keeping, having charge of, sheltering, feeding, harboring, or taking care of any animal or stray
animal after seventy-two (72) hours without notifying the animal shelter of the animal’s
whereabouts. State law reference: Definitions pertaining to Dangerous Dogs, G.S. § 67-4.1.
Reasoning
ICAS must impound strays and hold for 72 hours. I would like both to be consistent with each
other.
ECOM
1. Seek legislation and funding to address cyber security assessments and needs specifically
for the public safety agencies and local government to address security risks, growing
threats to our mission critical infrastructure.
1. Examples March 8th 2020 Durham County Government, Durham County, ransom
note involving Russian hackers
2. June 2nd 2020, Person County Ransomware cyberattack against County
Government
3. Cleveland County/City of Shelby Cyberattack
4. March 3rd 2020, Guilford County Government Systems Ransomware attack
5. Jan 14th 2020, Surry County
2. Seek and Support legislation S. 1015 and H.R. 1629 “911 Saves Act”; to identify
dispatchers to be reclassified and as recognized First Responders, several states have
already begun to recognize Telecommunicators and Dispatchers as First Responders
including Marion County, West Virginia, Knox County Kentucky and California.
Department of Homeland Security clearly identifies dispatchers as first responders.
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September 1, 2020
Emergency Medical Services
The 19-20 NCACC Goals Summary includes the following under Health and Human Services:
“3. Support provision of state resources to ensure county ability to provide essential public health,
behavioral health and social services, with specific consideration to the challenges of incarcerated
persons, the continued county role in behavioral health governance, and program addressing
substance use disorder, throughout Medicaid transformation.”
1. The Iredell EMS Community Support Response Team addresses substance use disorder
directly via Peer Support, but is grant-funded. This service has proven successful in
connecting 125 Iredell County Citizens to alternative treatment options. Permanent funding
would further strengthen the ability to connect these patients to the most appropriate
behavioral resources in the County. Our Peer Support Specialist can connect patients with
substance use disorder to diversion programs, providing an alternative to incarceration.
These alternatives seek to reduce recidivism and lower county jail costs.
2. Medicaid Transformation was taken into account as the Community Paramedic component
of the CSRT was designed. In the short time CP has been available, we’ve seen a drop in
unnecessary 911 calls, saving County resources and reducing readmission rates for our
local hospital partners. Additional support for this effort would allow us to bolster our CP
field response and expand services to more patients.
3. Transportation to and from doctor’s appointments continues to be a barrier for many
residents, especially those in more rural areas. Residents that must work and/or care for
family have difficulty scheduling transportation (especially if they have conditions
requiring the care of a specialist). The Iredell County Child Fatality Prevention Team
identified a lack of coordinated and available public transportation as a major barrier to
citizens attempting to receive services, especially mental and behavioral health. Without
behavioral health, other agencies such as DSS and Pharos Parenting have less compliance
with their clients.
Under General Government Goals:
“1. Seek legislation, funding, and other efforts to expand digital infrastructure/broadband
capability to the unserved and under-served areas and residents of the state.”
The transmission of critical cardiac data to a local hospital from the scene of an EMS cal l
is entirely dependent on mobile Wi-Fi capability. Many parts of the County still do not
have dependable cellular or internet connections, making it difficult for EMS crews to
provide timely alerts to the hospital that will be receiving the patient. Delays in
transmission cause delays in care, which result in less favorable patient outcomes. Patients
experiencing a heart attack outside of “bankers hours” must go out of County for treatment
already; the added communication delay adds to the problem. Expanded broadband
capability would also open the door for Telemedicine via the Community Paramedic
program. Telemedicine has become especially useful in reducing both exposure and cost
for agencies utilizing it during the Covid-19 pandemic.
Parks & Recreation
In recent months, especially during the COVID 19 pandemic, critical consideration for parks and
recreation green space to be included in infrastructure, became resoundingly apparent. In order to
adapt based on restrictions, and appropriately serve residents’ needs for places to get outdoors
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September 1, 2020
safely and equitably, for exercise, mental health and wellbeing, and socialization, emphasis needs
to be placed on future planning. One of the significant resources that our county, including the
various municipalities has relied heavily on for capital improvements and development is the Parks
and Recreation Trust Fund (PARTF) Grant. Support for increased funding at the state level, for
the Parks and Recreation Trust Fund will continue to make huge impacts on our County’s Quality
of Life. See the historical table attached, which shows previous PARTF grant funding in our
County.
This item was tabled until September 15, 2020.
OLD BUSINESS
NEW BUSINESS
COUNTY MANAGER’S REPORT
County Manager Beth Jones provided an update on the following:
The County now has its’ own PEG channel on Spectrum as Channel 1306.
CLOSED SESSION
The Board moved into Closed Session at 5:45PM
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
September 1, 2020
The Iredell County Board of Commissioners met in regular session on Tuesday, September
1, 2020 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 Thomas Bowles
Gene Houpe
Board Members Absent
Marvin Norman
Ken Robertson
Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, Assistant County Manager Joe Pierce, and Finance Director Debra
Cheek.
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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
Chairman Mallory added an item under New Business regarding Governor Cooper’s
Executive Order.
MOTION by Commissioner Houpe to approve the agenda as presented.
VOTING: Ayes – 3; Nays – 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
(None)
APPOINTMENTS BEFORE THE BOARD
(None)
PUBLIC HEARINGS
Public hearing to consider a request from Bruce Kososki to rezone approximately 8
acres at the corner of Robinson Road and Crusoe Drive, from Residential Agricultural (RA)
to Highway Business Conditional District: Planning Director Matthew Todd said staff supports
the conditional request based on the property being directly adjacent to corridor commercial based
on the 2030 Horizon Plan. Planning Board voted 5-2 in favor of the rezoning. There are some
residential uses north of the site and across the road. Crusoe Drive run parallels with the property.
Todd said there are conditions outlined in the packet. Some include no outdoor storage and the
applicant has agreed to 15 foot buffer along Robinson Road. The ordinance does not require the
buffer along Robinson. Other conditions include best management practices to control storm water
and no access from Crusoe Drive.
Chairman Mallory asked about the 15 foot landscape area on Robinson and the staff report
refers to a 30 foot buffer on Crusoe.
Todd said the zoning ordinance requires there be at least a 30 foot strip along the northern
boundary. The options are spelled out in the Land Development Code, but the landscaping is up
to the developer.
Chairman Mallory opened the public hearing.
Bruce Kososki, applicant, spoke in favor of the conditional rezoning request. The planned
development includes approximately 8,400 square feet mixed use/inside storage facility fronting
Robinson Road and approximately 12,000 square feet mixed use/inside storage facility connected
by NC Department of Transportation access road to be constructed along the southern border.
Kososki added the improvements will be constructed to be aesthetically pleasing; using brick,
stone, stucco, or cement board siding. The parking will paved and professionally landscaped and
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a 15 foot landscaped roadway will be installed fronting Robinson Road. The border along Crusoe
Drive will adhere to the County Land Development Code for landscaping and buffering. Kososki
said there is a 30 foot natural buffer augmented with fast growing evergreens or a six foot chain
link fence. The one story facilities will mimic those in the area and will be un-intrusive as possible
on the local neighborhood. The access road would from a driveway off Robinson Road, along a
new 18 foot wide, NC Department of Transportation spec road through a 50 foot easement, along
the southern border of the property. The road would end with a cul-de-sac approximately two-
thirds of the way into the property. Kososki added there would be no access to the facilities from
Crusoe Drive.
Kososki explained he tried to exclude, as much as possible, the uses that are typically in
Highway Business that local residents would find objectionable (hotels, ABC stores, and etc.)
Kososki then provided information on the storm water system. Best management practices would
be employed to ensure no adverse impact on existing runoff. Two water retention ponds would be
constructed to collect any runoff from hardscape improvements. The ponds would then slowly
release water back into the existing natural watershed.
Kososki said there is a critical shortage for small business customers. Currently, there are
16 facilities in the greater Mooresville area, with available space of 1,600 – 1,800 square feet. The
facilities that include small offices with internal storage in the back would be designed with the
small business client in mind. Expected staff would be 3-4 per 2,000 square foot unit. Kososki
added the rezoning would have minimal impact on Robinson Road traffic, as traffic would be
entering and exiting at opposite times of the residential traffic.
Kososki received letters of support from 12 of the 26 affected property owners. Three of
the affected land owners have expressed reservations about the planning rezoning and
development. Kososki added that high quality commercial development adds value to surrounding
real estate and higher tax basis supports initiatives within the local community.
Kososki said Highway 150 is set to be widened in the near future. The ingress and egress
out of Robinson Road will be improved dramatically during that time Kososki added that a 30-
acre proposed development just east of the site. The property is directly adjacent to the commercial
corridor. There are other commercial uses that are further off the corridor. The property is fronted
by Highway and General Business and located near two non-conforming uses.
Mark Woods, 280 Robinson Road, spoke in opposition of the request because the
community is exceptionally rural located on a dead-end road. It is virtually impossible to get onto
Highway 150 from Robinson Road. Woods urged the Board to deny the rezoning for the quality
of life of residents in the community.
Mary Ellen Kirkland, 288 Robinson Road, spoke in opposition of the request because it
would be overly-encroaching on the quiet neighborhood and the potential effects of additional
traffic.
Carol Sullivan, 384 Robinson Road, shared concerns over eliminating the natural buffers
from the traffic on Highway 150 and increased traffic in the area creating hazard for children
playing in the neighborhood.
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September 1, 2020
Shelley Pressly, 146 Robinson Road, shared concerns over increased traffic and the
disturbance to wildlife the rezoning could potentially cause.
Jennifer Walgren, 374 Robinson Road, spoke against of the request because of the
increased traffic and restricting the family-feel in the community. Any increased traffic is going to
make even more difficult to enter and exit Robinson Road.
Fred Reissman, owner of 146 Robinson Road, spoke in opposition of the request. Reissman
said it is unfair for the Board to consider the request during the Stay at Home Order in place. He
also shared concerns over the site plan not matching the applicant’s statements. The vast majority
of the neighbors in favor are commercial property owners. Ressman said the rezoning is not going
to increase property values.
Judy Curtis, 256 Robinson Road, spoke against the rezoning request. Most neighbors could
not make it to the meeting and some were unaware of the opportunity to call-in. Curtis said
Robinson Road is a community and should remain that way.
Susan Elkin, 162 Forest Walk Way, owns two four-acre tracts across the proposed site.
Robinson Road is a community where children are raised and memories are made. The speed limit
on the road is 25 miles per hour. There is commercial development at the beginning of Robinson
Road. Elkin shared concern over the applicant withholding information and not being upfront
about the proposed development.
David Rogers, 363 Robinson Road, spoke against the rezoning request. Rogers said the
encroachment will be at the back-steps of the neighborhood. Commercial use is not a good reason
to rezone the property that is going to adversely affect the neighborhood.
Darlene McClure, 383 Robinson Road, shared concerns over traffic and noise the rezoning
may cause.
Robert Murphy, 354 Robinson Road, spoke against the request. The self-storage facility
will only negatively impact the quaint neighborhood on Robinson Road.
Chairman Mallory closed the public hearing.
Chairman Mallory explained that because of the COVID-19 restrictions, the Board will not
be able to vote on the matter tonight. Anyone wishing to comment on the matter can submit
comments in writing within 24 hours. The Board will consider the request on September 15, 2020.
Vice Chairman Bowles said the Board has a very difficult decision to make because the
proposed site is adjacent to commercial uses and lends itself to the rezoning. The line has to be
drawn in the sand. Traffic is big issue on Highway 150 and will need to be considered. The
applicant seems to have a good plan in place. The property could be a residential neighborhood,
based on its’ current zoning district. The commercial development seems to be lesser of the two
evils, in terms of planning. Residential development produces school age children and currently
there are more children than there are classroom seats.
Commissioner Houpe asked Todd to explain the intended use of the property.
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Todd said there a list of permitted uses.
Commissioner Houpe asked if mini-storage would be an allowed use.
Todd said mini-storage is on the list of allowed uses. The applicant has several options
moving forward, whether it is the current or a future applicant.
Commissioner Houpe asked about the traffic pattern.
Todd said the superstreet will be right out and right in Robinson Road.
Chairman Mallory said because of the budget shortfall, the State has pushed the project out
to approximately 2035.
Todd said that date could continue to change.
Commissioner Houpe asked if the Land Use Plan will need to be amended if the rezoning
is approved.
Todd said yes, the Land Use Plan would essentially be amended automatically.
Chairman Mallory asked what commercial-like uses are permitted in a RA zoning district.
Todd said church, school, and automotive and contractor home-based businesses.
Chairman Mallory said a lot good issues have been raised. Residents move to a particular
area based on the zoning ordinance and there is a significant deviance from that. The request is a
pretty hefty change. The Robinson Road community very passionately shared their deep feelings
on what it means. Time marches on and property changes hands and those may have different
desires. The property as it is provides a buffer to sound, but there is nothing preventing someone
from clear cutting the property. Generally speaking, if one wants to control the view, they should
own the view. People purchase properties to make a profit and there is a desire to provide
appropriate commercial opportunities. A portion of this business seems to be focused on a very
low-impact attractive kind of development. However, mini-storage is completely different as it
invites a lot of traffic at all hours. Mallory shared his pause on the unknown development on the
backside of the property.
Kososki said the total development is two buildings. He is applying for a low-density
option. Because of the watershed requirements only 25% of the property will be disturbed. Kososki
did not understand the fear of bringing crime into the area. The rezoning would be minimally
impact traffic in the area.
Chairman Mallory said if the property is rezoned someone can apply for the high-density
option. The request is conditional and it would ease some concerns if the request is altered to only
include the low-density option and exclude mini-storage.
Vice Chairman Bowles read the excluded uses as listed on page three of the rezoning
application.
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September 1, 2020
Kososki said there are nearby mini-storage facilities. He said if residential is significantly
further back on Robinson Road and should not bring crime to the area. There is a high-density
apartment complex going in nearby.
Chairman Mallory said the property is transitional, but technically commercial.
Commissioner Houpe said the conditional uses somewhat protect the residents from some
of the concerns shared tonight. The commercial development helps keep the tax base low. It is a
hard decision but looking at the corridor the property is prime to transition to commercial.
Kososki said out of the 26 affected property owners, only two spoke this evening.
Vice Chairman Bowles asked if mini-storage can be placed on the property if the rezoning
is granted.
Todd said yes. The applicant would have to come back to the Board for any of the excluded
uses.
Commissioner Houpe asked if the Board could place additional conditions on the property.
Todd said yes, as long as the applicant agrees.
Chairman Mallory explained the Board would consider the matter on September 15.
Iredell County
PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
REZONING CASE # 2008-1
STAFF PROJECT CONTACT: Leslie M. Meadows
EXPLANATION OF THE REQUEST
This is a request to rezone a parcel of land at the corner of Robinson Road and Crusoe
Drive, approximately 8 acres, from Residential Agricultural (RA) to Highway Business
Conditional District (HBCD). This request is conditional per the submitted application, and
will be limited by excluding certain HB uses as attached to the request.
OWNER/APPLICANT
OWNER: Robert and Linda Creamer
APPLICANT: Bruce Kososki, Northlake Developers, LLC
PROPERTY INFORMATION
ADDRESS/LOCATION:
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September 1, 2020
Corner of Robinson Road and Crusoe Drive, off River Highway. More specifically, PIN
4638314046.000.
SURROUNDING LAND USE: There are a
variety of NB, HB, and GB uses to the
south, east, and southwest. However,
properties directly to the north are
residential in nature.
SIZE: The total acreage to be rezoned
includes approximately 8 acres.
EXISTING LAND USE: Vacant, heavily
wooded.
ZONING HISTORY: The property have
been zoned Residential Agricultural
(RA) since county-wide zoning was established in 1990.
OTHER JURISDICTIONAL INFORMATION: The property is between portions of the Town of
Mooresville’s Long-Range Urban Service Area. The Town of Mooresville agrees the
request appears to be consistent with most of the existing surrounding development.
However, due to lack of available utilities, the Town of Mooresville does not expect town
limits to expand this far west in the near future.
OTHER SITE CHARACTERISTICS: This property is located within a regulated WS-IV-CA Critical
Watershed Area for Catawba/Lake Norman. Proposed new development will be limited
to the Non-Residential Low Density Option; for 24% built-upon area, unless a request for
the Non-Residential High Density Option; for 24%-50% built-upon area, is requested and
approved by the BOC. Upon rezoning approval, the applicant has implied intent to
apply for the High Density Option. 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: Robinson Road and Crusoe Drive are not considered major or minor
thoroughfares according to the current CRTPO Comprehensive Transportation Plan.
Crusoe Drive is a private, unpaved road. Traffic capacities are unknown. The speed limit
along this section of Robinson Road is 25 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
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September 1, 2020
LOCAL: The applicant must provide a site plan to the Planning & Development
Department for review to develop the properties. Zoning requirements such as parking,
landscaping, and buffering will be reviewed at such time. Erosion & sedimentation
control standards will also be reviewed for compliance.
STATE: Other than building code, there should be no formal state agency review at this
time.
FEDERAL: None at this time.
STAFF AND BOARD COMMENTS
STAFF COMMENTS: The applicant represents Northlake Developers, LLC, which specialize
in construction of single-family homes. Future plans include use of a portion of the
property in question for their contractor office with indoor storage, as well as up to two
other buildings/uses. Note that this is a conditional rezoning and specific conditions
imposed as part of the application are as follows:
1.) The following HB uses would be excluded, not permitted: ABC Sales, Animal Clinics
& hospitals, Animal shelter, Automobile & truck dealers; new & used, Automobile
parking (commercial), Automobile repair & service, Automobile washing facility,
Bus stations, communicative facilities; including radio &television, Drive-in theaters,
Farm machinery sales & service, Farm type enterprises, Fuel oil sales, Funeral
homes, Liquor stores, Mobile home sales & services, Motels & hotels, Motion picture
productions, Pawn shop, Private clubs, Recreation vehicle parks or campsites,
Recreational vehicles; sales & service, Schools; specialty training, cosmetology,
vocational training, or trade services, Service stations; to include truck stops or
gasoline sales, Taxi terminals, Taxidermists, Tobacco stores, Truck stops, Truck
washing, No public works facilities, utilities, or infrastructure uses.
2.) Any outdoor lighting will be constructed in such a way as to shield the light away
from the residential properties bordering this parcel.
3.) Facilities will be constructed with anesthetically pleasing façade (either brick,
stone, stucco, or cement board siding).
4.) There will be no outdoor storage of material, supplies or other unsightly equipment.
5.) A properly maintained 15’ landscaped roadway yard will be installed along
Robinson Road, per section 5.4 of the Iredell County Land Development Code.
6.) There will be no access allowed from Cursoe Drive.
7.) Will provide stormwater Best Management Practices in appropriate locations, to
ensure no adverse impact of the existing runoff.
Being relatively close to River Highway, the parcel in question is just outside of and
adjacent to what the 2030 Horizon Plan calls the Corridor Commercial area. Corridor
Commercial areas include existing commercial, office, and/or retail uses that exist along
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major thoroughfares and highways or areas that will include commercial development
in the future, and can contain both large and small mixed-use commercial centers.
These areas are both within and outside the Iredell County Urban Service Areas. They
may be serviced by and incorporated into one of the municipalities at some point in the
future. According to the plan, commercial uses within this area generally should include
retail, restaurants, entertainment centers, automobile services, personal services, other
commercial uses, and office developments.
While the land use plan designations are often viewed as conceptual, staff feels that with
this particular request an amendment to the land use plan would be needed. Due to
the depth and total acreage outside of the area identified as corridor commercial it
would be hard to say that the entire parcel is included conceptually. However, staff does
feel comfortable including the entire parcel within the corridor commercial designation
due to surrounding commercial uses. It is also worth pointing out that due to watershed
restrictions and existing topography the site will be limited to a built upon area of roughly
2 acres, unless the High Density Option is pursued.
The Planning staff can support the proposed rezoning request, and subsequent 2030
Horizon Plan map amendment, based on the following:
The property lies directly adjacent to the 2030 Horizon Plan Corridor Commercial area, it
is surrounded by various existing commercial uses, and the proposed conditions mitigate
development concerns.
PUBLIC INPUT MEETING: A public input meeting was held on Tuesday, June 30th, 2020 from
6:00pm - 7:00 pm at Berea Baptist Church on River Highway. Approximately fourteen
property owners from the area were in attendance to hear the proposal and ask
questions about future development. Some opposition was expre ssed, and various
concerns were voiced and debated. A copy of the applicant’s summary of said public
input meeting has been included at the end of this report.
SITE REVIEW COMMITTEE: Staff visited site on July 17, 2020.
PLANNING BOARD ACTION: On August 5, 2020, the Planning Board held an open,
as well as a virtual option, public meeting to hear the rezoning request. The applicant
was in attendance. There were public comments made in opposition. The board voted
5-2 (Opposed: Jenkins & Brown) to recommend in favor of the rezoning.
****
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September 1, 2020
ADMINISTRATIVE MATTERS
County Manager Beth Jones summarized the following Administrative Matters during the
Pre-Agenda meeting held at 5pm:
o Request from Stony Point Volunteer Fire Department for approval of budget
amendment #8 and to allocate $20,000 from the East Alexander fund balance to
assist with the purchase of equipment to supplement a recent grant award.
o Request from Solid Waste for approval of temporarily reducing domestic livestock
mortality disposal fee to $25 per occurrence through December 31, 2020.
o Request from Elections for approval budget amendment #11 to appropriate CARES
Act Funding in the amount of $157,728.
o Request from Elections for approval of budget amendment #12 to appropriate Help
America Vote Act Funds in the amount of $250,000.
o Request from the Finance Department for approval of the amended Project
Ordinance for Mooresville High School and budget amendment #9 to appropriate
remaining funds of the project to the Mooresville Graded School District.
o Request from the Finance Department for approval of budget amendment #10 to
appropriate remaining FY20-21 funding to the Children’s Hope Alliance’s
Treatment Alternatives for Sexualized Kids (TASK) program.
MOTION by Vice Chairman Bowles to approve the Administrative Matters by consent.
VOTING: Ayes – 3; Nays – 0
The following Administrative Matter was tabled until the September 15, 2020 meeting.
Request from Administration for review of the proposed North Carolina Association
of County Commissioners’ (NCACC) Legislative Goal.
****
ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARDS & COMMISSIONS
(None)
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT PERIOD
(None)
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September 1, 2020
NEW BUSINESS
(None)
COUNTY MANANGERS REPORT
County Manager Beth Jones provided an update on the following:
The County now has its’ own PEG channel on Spectrum as Channel 1306.
CLOSED SESSION
Chairman Mallory explained that Closed Session was held immediately following pre-
agenda and there is one business item to report.
MOTION by Commissioner Houpe to call for a public hearing on September 15, 2020 at
7pm in regards to an economic development incentive for Project Coupling upon a minimum
investment of $15 million, with a maximum investment 25.6 and a maximum incentive of
$470,000 over a five-year period.
VOTING: Ayes – 3; Nays – 0
ADJOURNMENT
MOTION by Vice Chairman Bowles to adjourn at 8:44PM. The next regular meeting will
be September 15, 2020, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200
South Center Street, Statesville, NC.
VOTING: Ayes – 3; Nays – 0
__________________________________ ___________________________________
Date Approved Amy B. Anderson, Clerk