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HomeMy WebLinkAbout8-18-2020 1 August 18, 2020 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES August 18, 2020 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, August 18, 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 Tommy Bowles Gene Houpe Ken Robertson Board Members Participating Remotely Marvin Norman Board Members Absent Gene Houpe 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: County Manager Beth Jones went over the following adjustment to the agenda: PUBLIC HEARINGS ADMINSTRATIVE MATTERS Request from the Sheriff's Office for approval to apply for the 2020 JAG Grant in the amount of $15,990: Andy Poteat requested approval to apply for a JAG grant in the amount $15,990. The office plans to use the funds to purchase printers for patrol cars. Request from Iredell-Statesville Schools for approval of an application to the NC Education Lottery to reimburse $4,874,045.45 and budget amendment 7 for renovations to the old Statesville Middle School before Northview IB can move to this vacated location: Dr. Kenny Miller explained this is the last project as a part of 2014 bond. There is a significant amount of work to complete at Statesville Middle School before Northview moves into the building. Miller requested approval of budget amendment 7 for the renovations at the old Statesville Middle School. Chairman Mallory asked how many years of lottery proceeds this consist of. Dr. Miller said two and a half. 2 August 18, 2020 This item was placed on consent. Request from the Library for approval of budget amendment 6 and to accept a State Library of North Carolina CARES EZ Grant in the amount of $9,975 to provide Chromebooks To Go: Library Director Juli Moore request approval of budget amendment #6 to accept an CARES EZ grant in the amount of $9,975. The funds will be used to provide chromebooks. Chairman Mallory asked about the start of Kidz Camp. Moore said the camp is going better than expected. The attendance is low now, but is expected to increase. Consideration of a request from Lewis D. Spivey to rezone approximately 5.5 acres at 161 Flower House Loop from Residential Agricultural (RA) to General Busines s Conditional District (GB-CD): This item will be considered at 7pm. Consideration of a request from Logan Wyant to rezone three parcels totaling an approximate 4.83 acres along Faith Road, adjacent to the town limits of Mooresville, from Residential Agricultural (RA) to Residential Office (RO): This item will be considered at 7pm. Request from Administration for approval of an agreement with the Town of Troutman and Children's Hope Alliance to construct a sewer line to serve the Iredell County Recreation Center, Parks and Recreation Office, and adjacent County-owned properties: David Saleeby requested approval of an agreement with the Town of Mooresville and Children’s Hope Alliance to construct a sewer line the recreation center, Parks & Recreation Office, and adjacent county-owned property. Request from Tax Administration for approval of July refunds and releases: This item was placed on consent. The Board entered into Closed Session at 6:05PM IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES August 18, 2020 The Iredell County Board of Commissioners met in regular session on Tuesday, August 18, 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 3 August 18, 2020 Vice Chairman Tommy Bowles Ken Robertson Board Members Participating Remotely Marvin Norman Board Members Absent Gene Houpe 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 went over the following adjustments to the agenda: ADD: Administrative Matter VIII.8 Consideration of Economic Development Incentive for Project Transformer. New Business by Chairman Mallory and will be presented as item XII. MOTION by Vice Chairman Bowles to approve agenda as adjusted. VOTING: Ayes – 4; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENT BEFORE THE BOARD (None) PUBLIC HEARINGS (None) ADMINISTRATIVE MATTERS  Request from the Sheriff's Office for approval to apply for the 2020 JAG Grant in the amount of $15,990. #143/2020  Request from Iredell-Statesville Schools for approval of an application to the NC Education Lottery to reimburse $4,874,045.45 and budget amendment 7 for renovations to the old Statesville Middle School before Northview IB can move to this vacated location. #141/2020 4 August 18, 2020  Request from the Library for approval of budget amendment 6 and to accept a State Library of North Carolina CARES EZ Grant in the amount of $9,975 to provide Chromebooks To Go. #136/2020  Request from Administration for approval of an agreement with the Town of Troutman and Children's Hope Alliance to construct a sewer line to serve the Iredell County Recreation Center, Parks and Recreation Office, and adjacent County- owned properties. #144/2020  Request from Tax Administration for approval of July refunds and releases. #135/2020 MOTION by Commissioner Robertson to approve the consent agenda. VOTING: Ayes – 4; Nays – 0 Planning Director Matthew Todd said public hearings for the following rezoning request were held August 4, 2020. Chairman Mallory said because of the Executive Order to COVID-19, the Board is unable to vote on the requests during the same meeting if there is any remote participation. Comments regarding the request could be submitted for up to 24 hours after the public hearing. County Manager Beth Jones explained there were no comments received regarding the requests. Consideration of a request from Lewis D. Spivey to rezone approximately 5.5 acres at 161 Flower House Loop from Residential Agricultural (RA) to General Business Conditional District (GB-CD): Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 2007-1 STAFF PROJECT CONTACT: Leslie Meadows EXPLANATION OF THE REQUEST This is a request to rezone approximately 5.5 acres at 161 Flower House Loop from Residential Agricultural (RA) to General Business Conditional District (GB -CD). This request is conditional per the submitted application and is proposed to exclude truck stops, truck driving schools, truck terminals, dance halls, nightclubs, adult oriented businesses, and go-cart, motorcycle, and similar vehicle tracks. OWNER/APPLICANT OWNER: Johnny R. Dagenhardt, Executor of Estate APPLICANT: Lewis D. Spivey, Equity Commercial Properties PROPERTY INFORMATION 5 August 18, 2020 ADDRESS/LOCATION: 161 Flower House Loop; more specifically identified as PIN 4740758593.000. SURROUNDING LAND USE: Interstate-77 borders the eastern side of the property. There are commercial properties to the north closer to the US21/NC115 intersection. The adjoining property to the south was recently rezoned to GB-CD for a contractor’s facility. Properties to the west are residential in nature. SIZE: The acreage to be rezoned is approximately 5.5 acres. EXISTING LAND USE: A single-family residence is currently located on the property. ZONING HISTORY: The property has been zoned RA since county-wide zoning in 1990. Adjoining properties to the south, have been rezoned GB-CD within the past two years. OTHER JURISDICTIONAL INFORMATION: This property is located in Troutman’s Future Urban Service Area. Troutman has expressed concerns regarding the view of the property from I -77, and suggested a condition for additional screening/buffer requirements along the rear property line. However, additional screening/buffering is not a condition the applicant chose to set forth in the application. OTHER SITE CHARACTERISTICS: The majority of the property is located in the WS-IV Protected Area of the Catawba/Lake Norman Watershed and will have limited built-upon area for new development; 24% with curb and gutter, 36% without curb and gutter. The property is not located in a flood zone. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest and most recent traffic count was on Flower House Loop near the intersection of US21/NC115, having a traffic count of 3,800 vehicles per day in 2016. According to the Comprehensive Transportation Plan 2008 Study Report for Iredell County, the capacity fo r this section of Flower House Loop is approximately 14,300 vehicles per day through the year 2030. The speed limit along this section of Flower House Loop is 45 mph. SCHOOLS: This is a commercial rezoning and should have no implications on local school s. 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. UTILITIES: This site is currently served by well and septic. However, for future options, the property falls within the water service area of the Town of Troutman. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant must provide a site plan to the Planning Department for review to develop the property. Zoning requirements such as parking, landscaping, and buffering will be reviewed at such time. Erosion & sedimentation control standards will also be reviewed for compliance. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Corridor Commercial, which includes existing commercial, office, and/or retail uses that exist along major thoroughfares and 6 August 18, 2020 highways or areas that will include commercial development in the future. These areas are both within and outside the Iredell County Urban Service Areas. According to the plan, uses within this area generally should include retail, restaurants, entertainment centers, automobile services, personal services, other commercial uses, and office developments. Design standards for Corridor Commercial uses should be developed in collaboration with the municipalities that will serve them in the future to reflect the character of the community. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be Corridor Commercial, which allows for commercial development along the interior of Flower House Loop. The property is adjacent to I -77 and is between other commercial uses along Flower House Loop. This request is conditional per the submitted application, GB uses will be limited, and traffic impacts should not exceed road capacity. PUBLIC INPUT MEETING: A public input meeting was held on Wednesday, March 25 th, 2020 from 5:30pm - 6:30 pm at the site. Four property owners from the area were in attendance to hear the proposal and ask questions about future development. No negative concerns were voiced. SITE REVIEW COMMITTEE: Staff visited the site on June 12, 2020. PLANNING BOARD ACTION: On July 1, 2020, the Planning Board held an open public meeting to hear the rezoning request. The applicant was in attendance. There was no public input in favor or in opposition. The board voted 9-0 to recommend in favor of the rezoning. 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 development is contained within a Corridor Commercial area, it is adjacent to I-77 and is between other commercial uses along Flower House Loop, the request is conditional per the submitted application with limited GB uses, and traffic impacts should not exceed road capacity. VOTING: Ayes – 4; Nays – 0 Consideration of a request from Logan Wyant to rezone three parcels totaling an approximate 4.83 acres along Faith Road, adjacent to the town limits of Mooresville, from Residential Agricultural (RA) to Residential Office (RO): Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 2007-2 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST This is a request to rezone three parcels totaling an approximate 4.83 acres along Faith Road, adjacent to the town limits of Mooresville, from Residential Agricultural (RA) to Residential Office (RO). This is a straight rezoning and no conditions are proposed at this time. OWNER/APPLICANT OWNER: Nancy Stittgen, New Creation Life, Inc. 7 August 18, 2020 APPLICANT: Logan Wyant, Revita Holdings, LLC PROPERTY INFORMATION ADDRESS/LOCATION: 567 Faith Road; more specifically PINs#: 4655951003, 4655950491, & 4655942944 SURROUNDING LAND USE: There are residential agricultural uses surrounding the site in all directions. SIZE: The total acreage to be rezoned is approximately 4.83 acres. EXISTING LAND USE: Existing metal building structure formerly occupied by New Creation Life Church. 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 adjacent to the Town of Mooresville’s Urban Service Area. Mooresville’s Planning Department has expressed they feel this request should have been conditional due to the fact that we are allowing a commercial use which is otherwise surrounded by residential/SFD properties. OTHER SITE CHARACTERISTICS: The property is not located within a regulated Watershed Area, and is not within a flood hazard zone. UTILITIES: This site is currently served by well and septic. However, it is within the water service area of the Town of Mooresville. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest and most recent traffic count is to the east of the site along Faith Road, just before the intersection with Shearers Road, which had a traffic count of 5,400 vehicles per day in 2017. The closest and most recent traffic count to the west of the site along Faith Road is just before the intersection with Mecklenburg Highway, which had a traffic count of 7,100 vehicles per day in 2017. The CRTPO Comprehensive Transportation Plan considers this section of Faith Road an existing minor thoroughfare. Current capacity data is unknown. The speed limit along this section of Faith 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 Planning & Development Department for review in order to upfit the property. Zoning requirements such as parking, landscaping, and buffering will be reviewed at such time. Erosion & sedimentation control standards will also be reviewed for compliance. 8 August 18, 2020 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 is requesting RO zoning at this site in order to utilize the existing church building in a different manner. The 2030 Horizon Plan calls for this area to be Medium‐ Density Residential, which includes areas and land that is either currently developed or slated for future development at medium densities. These areas are within the Iredell County Urban Services Areas and may be serviced by and incorporated into one of t he municipalities at some point in the future. These lands are either currently served or will be served in the future by public or private water or sanitary sewer systems. The intent of these lands is that they provide more dense development opportunities and a broader range of housing choices than low density residential. Medium-Density Residential areas also allow for small-scale neighborhood commercial uses. Utilizing this Horizon Plan description, staff have interpreted such “small -scale neighborhood commercial uses” to include such uses as residential office spaces. Based on acreage/square footage of structure, the list of possible RO uses should not generate a noticeable amount of increased traffic to the surrounding neighborhood, or exceed road ca pacity. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be Medium-Density Residential, which allows for small-scale neighborhood commercial uses, it will result in the repurposing of an existing abandoned structure, and traffic impacts should not exceed road capacity. SITE REVIEW COMMITTEE: Staff visited site on June 12, 2020. PLANNING BOARD ACTION: On July 1, 2020, the Planning Board held an open public meeting to hear the rezoning request. The applicant was in attendance. There was no public input in favor or in opposition. The board voted 9-0 to recommend in favor of the rezoning. MOTION by Vice Chairman Bowles 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 contained within the Medium-Density Residential designation, which allows for small-scale neighborhood commercial uses, it will result in the repurposing of an existing abandoned structure, and traffic impacts should not exceed road capacity. VOTING: Ayes – 4; Nays – 0 Consideration of an Economic Development Incentive for Project Transformer (Keselowski Manufacturing): County Manager Beth Jones said the public hearing for this request was held August 4, 2020. No one spoke for or against the request. MOTION by Commissioner Robertson to approve an economic incentive of up to $228,000 over 5 years to be granted to Keselowski Advanced Manufacturing, LLC (Project Transformer) based on an investment of up $14,000,000, with a minimum of $9.7 million with the improvement extending to December 31, 2020. The company would maintain their commitment to the creation of 22 new jobs. VOTING: Ayes – 4; Nays – 0 9 August 18, 2020 ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARDS & COMMISSIONS (None) UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD Tom Poley, 227 Cheryl’s Pass Circle, said the Sheriff’s Office and Highway Patrol does not patrol Love Valley. There have been two incidents recently with speeders in the area. Poley asked if Henry Martin Trail can be closed without a permit from the State because some residents feel they can close the road at any time. Poley said State Road 1591 has severe grading and drainage problems that need to be addressed. Danny Johnston, 134 Henry Martin Trail, said there is underage drinking and illegal drug use in the town and residents have shared concerns and have been told that Love Valley is a municipality and it is the Town’s responsibility to address the issues. Johnston asked whose responsibility it is. Chairman Mallory said law enforcement is provided by the County unless the municipality specifically opts out and has a police department. Johnston said there are investors interested in investing large amounts of money into the Town. He asked how long the septic issue is going to last. Johnston said he was told Environmental Health will start condemning property that is incompliant. Johnston asked if residents can apply for jobbers to help them in bringing the property into compliance. Some of the residents have been told they were getting a septic system. Johnston asked if public sewer will be addressed. Johnston also asked who is going to be liable. Ken Herman, property owner on Henry Martin Lane, shared concerns over old tires and trash on town property. Herman explained he contacted Solid Waste but the issue remains. Tori Barker gave an update on the Town of Love Valley. She said things are progressing wonderfully. The Town recently signed a contract with a non-profit engineering firm and ten engineers have volunteered to assist the Town. Proposed sites of the innovative sewer system will be discussed next week. Barker said the Town is excited about the project as residents have struggled with sewer problems. Barker said a preliminary plan should be finished by December 2020 or January 2021. Barker expressed appreciation to Vice Chairman Tommy Bowles for attending a recent council meeting. Commissioner Robertson asked when the Town council meets. Barker said every second Monday at 6:30pm at the Love Valley Presbyterian Church. Chairman Mallory said the Town has been working through sewer issues for the last several years. 10 August 18, 2020 Vice Chairman Bowles said the key to solving the problems is everyone getting on the same page, decide what can be agreed upon, and then work on the items that cannot be agreed upon. This is a nation of laws and everyone is bound to follow them. Love Valley is a municipality and the Board of Commissioners have virtually no control over the council. Items of concern must go through town council. NEW BUSINESS (None) COUNTY MANANGERS REPORT (None) CLOSED SESSION Chairman Mallory explained the Board held Closed Session immediately following the pre-agenda meeting and there are no action items to report. ADJOURNMENT MOTION by Commissioner Robertson to adjourn at 8:28PM. The next regular meeting will be September 1, 2020, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes – 4; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk