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HomeMy WebLinkAbout03-05-2024 1 March 5, 2024 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA SESSION March 5, 2024 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, March 5, 2024, at 4:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government Center 200 South Center Street, Statesville, NC. Board Members Present Chair Melissa Neader Vice Chair Bert Connolly Scottie Brown Gene Houpe Brad Stroud, Sr. Staff present: County Manager Beth Mull, Deputy County Manager Susan Robertson, County Attorney Lisa Valdez, Finance Director Deb Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Chair Neader called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull went over the following adjustment: ADD: VIII.8 Request from Emergency Medical Services for approval of Budget Amendment #34 to purchase two ambulances and the accompanying equipment. PUBLIC HEARINGS Public hearing to consider a request from Owner/Applicant Lee Phil Rotella of Lake Vision Development, LLC, to rezone three parcels of land at the corner of Brawley School Road and Drye Drive, approximately 1.6 acres. Planning Director Matthew Todd gave a background on the request. Initially, the Planning Board recommended denial of the request and the commissioners sent the request back to the Planning Board. The Planning Board recommended denial of the second request and at that point the commissioners asked for the applicant to consider a conditional request. The applicant did so and held a Public Input Meeting. No one attended the meeting to share feedback. The Planning Board voted 7-2 to recommend in favor of the rezoning request. Commissioner Houpe asked about the proposed conditions. Todd said the applicant has narrowed the list of permitted uses to a contractor’s facility. The applicant added on to an adjacent property that was not properly zoned. The rezoning would bring the business into compliance. There are watershed restrictions on how much more the applicant can do on the property. Todd said the applicant got a little ahead of himself with the use however he has made the property look a lot better. ADMINISTRATIVE MATTERS 2 March 5, 2024 Request from Planning & Development to consider calling for a public hearing on March 19, 2024, at 6:00 p.m. in regard to a text amendment to the Land Development Code. Planning Director Matthew Todd requested approval to call for a public hearing on March 19, 2024, at 6pm regarding a text amendment to the Land Development Code. Last year, the State adjusted the number of children allowed in a home-based childcare facility. Todd explained that an in-home childcare operator contacted staff regarding the text amendment. An in-home childcare operator contacted staff wanting to go by the State numbers, but the local ordinance would not allow it. The text amendment would mirror state regulations by allowing the addition of two additional children in an in-home childcare facility. Todd noted that the City of Statesville recently approved a similar text amendment. Commissioner Houpe asked if the text amendment would align the County with the State. Todd said yes. It will also remove the County because the State regulates the number of children by age. This item was placed on consent. Request from Parks & Recreation for approval of Budget Amendment #33 to appropriate donated funds to purchase a memorial bench for the Recreation Center in honor of Barbara Turner. Parks & Recreation Director Tate Osborne requested approval of Budget Amendment #33 to appropriate donated funds to purchase a memorial bench for the Recreation Center in honor of Barbara Turner. Members of the Recreation Center donated the funds for a bench in honor of beloved employee Barbara Turner. Chair Neader remarked what a kind gesture to honor Ms. Turner. This item was placed on consent. Request from the Library for approval of a 3-year contract with Spectrum to provide internet access at the Statesville and Troutman libraries and authority from the Board for the Library Director to sign the Service Order. Library Director Juli Moore requested approval of a 3-year contract with Spectrum to provide internet access at the Statesville and Troutman libraries and authority for the Library Director to sign the Service Order. The current contract expires June 30, 2024. Spectrum remains the least expensive provider and the cost of the main Library will be reduced from $899 per month to $675 per month, and the Troutman Library rate will stay $350 per month. Moore noted that the contract has been reviewed by County Attorney Lisa Valdez. This item was placed on consent. Request from the Library for approval to apply for E-Rate discounts. Library Director Juli Moore requested approval to apply for E-Rate discounts in the amount of $7,884. E-rates is a reimbursement available through the Federal Communications Commission. Internet for the Statesville and Troutman libraries will be under a new 3-year contract with Spectrum. Internet service for the Harmony library will be a month-to-month service with Yadtel/Zirrus. 3 March 5, 2024 This item was placed on consent. Request from the Finance Department for approval to amend the annual budget ordinance to include the Opioid Settlement Fund. Assistant Finance Director Caroline Taylor requested approval to amend the annual budget ordinance to include the Opioid Settlement Fund. When the Opioid Fund was started, the Local Government Commission (LGC) recommended that the funds be put into multi-year funds. Throughout the process, the LGC has looked more into what counties can do and the only multi-year fund the County can do in a Special Revenue Fund is a Grant Project Fund and has determined that the Opioid Funds are not grant project funds since it is settlement funds. The LGC recommends moving the funds from a multi-year fund to an annual fund which requires an amended budget ordinance. Taylor noted this is the same budget brought to the Board in June 2023 except for adding two Community Paramedics that the Board agreed to by consensus during the recent Winter Planning Retreat. Chair Neader asked if the change simplifies things for Finance staff. Taylor said it is hard to make the transition because the expenses thus far have been in a multi-year fund, but going forward it will simplify the process. This item was placed on consent. County Construction Projects Update. This item was placed on consent. Request from Clerk to the Board for approval of the minutes from the meetings on February 6, 14, and 20, 2024. There were no additions or corrections. This item was placed on consent. Request from Emergency Medical Services for approval of Budget Amendment #34 to purchase two ambulances and the accompanying equipment. EMS Director Blair Richey requested approval of Budget Amendment #34 to purchase two ambulances and the accompanying equipment. This will alleviate some of the delivery timeframes the department is experiencing. Mull noted the Board discussed this item at the recent Winter Planning Retreat. There may be additional purchases in the future. Staff tried to cover the big-ticket items within the Budget Amendment, however there may be some additional items needed. Chair Neader expressed appreciation to the staff for working on this critical need. Commissioner Brown asked if Opioid Funds can be used to help fund these items. Mull said no, the Opioid Settlement Funds have certain parameters based on the terms of the settlement. 4 March 5, 2024 This item was placed on consent. COUNTY MANAGER’S REPORT County Manager Beth Mull gave an update on the following: • Winter Planning Session Day 2 will be Monday, March 18 from 9am – 4pm at the Public Center. • Iredell-Statesville Schools now has a schedule for Weathers Creek High School. They are planning for bids to be back on April 30, 2024, and will make a presentation to the Board in May. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES March 5, 2024 The Iredell County Board of Commissioners met in regular session on Tuesday, March 5, 2024, at 6:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chair Melissa Neader Vice Chair Bert Connolly Scottie Brown Gene Houpe Brad Stroud, Sr. Staff present: County Manager Beth Mull, Deputy County Manager Susan Robertson, County Attorney Lisa Valdez, and Clerk to the Board Amy Anderson. CALL TO ORDER by Chair Neader. INVOCATION: by Commissioner Brown. PLEDGE OF ALLEGIANCE: led by Chair Neader. ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull went over the following adjustments: ADD: VIII.8 Request from Emergency Medical Services for approval of Budget Amendment #34 to purchase two ambulances and the accompanying equipment. MOTION by Commissioner Stroud to approve the agenda as presented. VOTING: Ayes – 5; Nays – 0 SPECIAL PRESENTATIONS & RECOGNITIONS (None) APPOINTMENT BEFORE THE BOARD 5 March 5, 2024 (None) PUBLIC HEARINGS Public hearing to consider a request from Owner/Applicant Lee Phil Rotella of Lake Vision Development, LLC, to rezone three parcels of land at the corner of Brawley School Road and Drye Drive, approximately 1.6 acres. Planning Director Matthew Todd presented the following rezoning request. The applicant is requesting to rezone the property from Residential Agricultural and Highway Business to General Business – Conditional District. Todd noted the condition is to limit the use to only a Contractor’s Facility. There was a public input meeting held onsite and no one spoke. The Planning Board voted 7-2 recommended approval of the request. Staff supports the request, and the request matches the 2045 Horizon. Todd said the rezoning would bring the property into compliance. Commissioner Brown asked if there would be a fence around the property. Todd said the applicant will have screening options as well as work with the existing vegetation. Commissioner Houpe thanked the applicant for considering the conditional request. Chair Neader asked if the rezoning is conditional to the applicant’s business. Todd said yes, a contractor’s facility. Chair Neader opened the public hearing. Owner/Applicant Phillip Rotella said he looks forward to bringing the property into compliance. He thanked the Board for their patience throughout the process. Chair Neader asked Rotella if he feels the property is sufficient for business future growth. Rotella said yes. The business has a certain clientele in the Brawley School Road area and would like to continue to grow but not exponentially. Chair Neader asked if the work is done on the customer’s property. Rotella said materials are stored onsite, but the work is done at the client’s property. Commissioner Stroud thanked the applicant for working with the County throughout the rezoning process. MOTION by Commissioner Houpe to approve the zoning map amendment, and to make a finding that said approval is consistent with the 2045 Horizon Plan, and is also reasonable and in the public interest because: The property lies within the 2045 Horizon Plan Corridor Commercial designation, it is surrounded by various existing commercial uses, the 6 March 5, 2024 conditions of the request aim to safeguard surrounding landowners, and it will initiate bringing an existing use into zoning compliance. VOTING: Ayes – 5; Nays – 0 Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 2402-1 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST This is a request to rezone three parcels of land at the corner of Brawley School Road and Drye Drive, approximately 1.6 acres, from split-zoned Highway Business (HB)/Residential Agricultural (RA) to General Business Conditional District (GBCD). This is a conditional request which will limit the permitted GB use as attached to the request. OWNER/APPLICANT OWNER/APPLICANT: Phillip M. Rotella, Lake Vision Development, Inc. PROPERTY INFORMATION ADDRESS/LOCATION: 754 and 748 Brawley School Road; more specifically, PINs#: 4637919474.000, 4647010570.000, & 4647011743.000. SURROUNDING LAND USE: Adjoining and diagonal to this site are a variety of NB and CB/CB-CUD uses (which converts to HB/HB-CUD under the current LDC) in the surrounding area. Properties directly to the north and south are still residential in nature. SIZE: The total acreage to be rezoned includes approximately 1.6 acres. EXISTING LAND USE: Metal building (warehouse/storage) and former single-family dwelling turned office space, that has been operating as a Contractor’s Facility. ZONING HISTORY: The properties were originally zoned, Residential Agricultural (RA) when county-wide zoning was established in 1990. In 2021, Mr. Rotella rezoned the most western parcel (PIN#: 4637919474) to Highway Business (HB) in order to build a 7 March 5, 2024 sizeable, stand-alone warehouse-type structure, for a small building supply dealership (indoor). In time, the site has become a hub/storage facility for Mr. Rotella’s growing construction company, Lake Vision Development, Inc. The use has spread over onto Mr. Rotella’s adjoining residential parcels; including the former residence which is now office space for the business. In 2023, Mr. Rotella attempted a straight GB rezoning of these three parcels. After much debate, the Iredell County Board of Commissioners advised Mr. Rotella to reapply as a conditional rezoning request, and waived the 180- day waiting period for submittal of another request on the same properties. OTHER JURISDICTIONAL INFORMATION: The property is inside of the Town of Mooresville’s Urban Service Area. Future annexation and/or public utilities may be made available in the future. The Town of Mooresville has been made aware of the request. No feedback has been received. OTHER SITE CHARACTERISTICS: This property is located within the regulated WS-IV-CA Critical Watershed Area for Catawba/Lake Norman. Proposed new development will be limited to the Non-Residential Low-Density Option for 24% built-upon area. The Non- Residential High-Density Option is not allowed along Brawley School Road in the County’s jurisdiction. This rezoning and combination of parcels will aid the applicant in adhering to the site’s watershed restrictions. The property is not located in a flood hazard zone. UTILITIES: This site is currently served by well and septic, but could have access to public utilities through the Town of Mooresville in the future. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: Brawley School Road is considered an existing boulevard according to the current CRTPO Comprehensive Transportation Plan. The closest and most recent traffic count, east of this property along Brawley School Road, had a traffic count of 34,000 vehicles per day in 2021. This portion of Brawley School Road does not currently appear in Iredell County’s 2021 Transportation Master Plan; which does slate improvements to Brawley School Road, but they are all east of the I-77 corridor. The speed limit along this section of Brawley School Road is 45 mph. SCHOOLS: This is a commercial rezoning and should have no implications on local schools. 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 site plan to the Planning & Development Department for review to develop the property. Zoning requirements such as parking, landscaping, and watershed calculations will be reviewed at such time. Erosion & sedimentation control standards will also be reviewed for compliance. 8 March 5, 2024 STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The owner/applicant, Mr. Phil Rotella, represents Lake Vision Development, Inc., a construction company that specializes in designing and building luxury outdoor living spaces: pools, cabanas, and other hardscapes. Mr. Rotella’s plans include combining these three parcels for use of the properties’ existing warehouse-type structure to house building supplies, and a construction office operating out of the existing residential structure. Some outdoor storage has already accumulated. Such a Contractors’ Facility requires a GB zoning designation, or higher (M-1, M-2). Thus, this rezoning will bring the current use into zoning compliance. Combining the three lots will allow additional space for the necessary parking requirements and existing outdoor storage, while staying within the Critical Watershed limitations. A formal commercial site plan review will be required upon rezoning approval. The applicant has consented to a conditional rezoning, limiting future GB uses, to be considerate of the surrounding neighbors. The specific conditions imposed as part of the GBCD application are as follows: 1.) Permitted GB uses would be limited to the following use only: Contractor’s Facility Being along Brawley School Road, the parcel in question is inside what the 2045 Horizon Plan calls the Corridor Commercial area. Corridor Commercial areas include existing commercial, office, and/or retail uses that exist along major thoroughfares and highways or areas that will include commercial development in the future, and can contain both large and small mixed-use commercial centers. These areas are both within and outside the Iredell County Urban Service Areas. They may be serviced by and incorporated into one of the municipalities at some point in the future. According to the plan, commercial uses within this area generally should include retail, restaurants, entertainment centers, automobile services, personal services, other commercial uses, and office developments. The Planning staff can support the proposed rezoning request based on the following: The property lies within the 2045 Horizon Plan Corridor Commercial area, it is surrounded by various existing commercial uses, the conditions of the request aim to safeguard surrounding landowners, and it will initiate bringing an existing use into compliance. PUBLIC INPUT MEETING: A public input meeting was held onsite, in the residential office space at 748 Brawly School Road, on Thursday, January 4, 2024, starting at 5:00 pm. Only the applicant and staff attended. SITE REVIEW COMMITTEE: Staff performed a site visit on January 19, 2024, to post property and take photo documentation. 9 March 5, 2024 PLANNING BOARD ACTION: On February 7, 2024, the Planning Board held a public meeting to consider the resubmitted conditional rezoning request. The applicant was present for questioning. No surrounding landowners were in attendance, no one spoke in opposition. Upon some deliberation, the board voted 7-2 (Opposed: Holland, Santoni), to recommend approval of the rezoning request. ⁘ ⁘ ⁘ ⁘ ⁘ ADMINISTRATIVE MATTERS • Request from Planning & Development to consider calling for a public hearing on March 19, 2024, at 6:00 p.m. in regard to a text amendment to the Land Development Code. • Request from Parks & Recreation for approval of Budget Amendment #33 to appropriate donated funds of $2,535 to purchase a memorial bench for the Recreation Center in honor of Barbara Turner. • Request from the Library for approval of a 3-year contract with Spectrum to provide internet access at the Statesville and Troutman libraries and authority from the Board for the Library Director to sign the Service Order. • Request from the Library for approval to apply for E-Rate discounts. • Request from the Finance Department for approval to amend the annual budget ordinance to include the Opioid Settlement Fund of $1,113,175. • County Construction Projects Update. • Request from Clerk to the Board for approval of the minutes from the meetings on February 6, 14, and 20, 2024. • Request from Emergency Medical Services for approval of Budget Amendment #34 in the amount of $836,065 to purchase two ambulances and the accompanying equipment. MOTION by Commissioner Stroud to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 Chair Neader recognized representatives from Piedmont Mediation. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARDS & COMMISSIONS (None) UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD (None) 10 March 5, 2024 COMMISSIONER COMMENTS & UPDATES Commissioner Houpe expressed appreciation to all of the departments for their work during the election. Vice Chair Connolly echoed Commissioner Houpe’s comments. Commissioner Brown expressed sincere appreciation to staff for the help and support over the last four years. Commissioner Stroud congratulated all of the candidates who ran for office. Chair Neader gave an update on recent school visits. NEW BUSINESS (None) COUNTY MANAGER’S REPORT County Manager Beth Mull gave an update on the following: • The second part of the Board’s Winter Planning Retreat will be Monday, March 18 from 9am – 4pm at the Emergency Operations Center. • Iredell-Statesville Schools now has a schedule for Weathers Creek High School. They are planning for bids to be back on April 30, 2024, and will make a presentation to the Board in May during Budget Work Sessions. CLOSED SESSION The Board held a Closed Session before the 6pm meeting and there was one action item to report. MOTION by Commissioner Houpe to call for a public hearing on March 19, 2024, at 6pm regarding a maximum economic development incentive of $167,387 over a five-year period, for Project Thunder based on a $16,350,000 investment in Iredell County. VOTING Ayes – 5; Nays – 0 ADJOURNMENT MOTION by Commissioner Brown to adjourn at 6:22pm. The next regular meeting is Tuesday, March 19, 2024, at 6pm in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. 11 March 5, 2024 VOTING Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk