Catawba County Board of Commissioners

December 18, 2017, MB#54

Regular Session, December 18, 2017, 7:00 p.m.

Catawba County Board of Commissioners

Appointments

K-64 Education Board 392 12/18/17

Catawba County Youth Council 392 12/18/17

Closed Session

Attorney Client Privilege 394 12/18/17

Emergency Services

Appropriate existing FEMA Assistance to Firefighters Grant funds 393 12/18/17

Library

North Carolina Public Library Directors Association Award for Literacy 389 12/18/17

Accept and appropriate Grant Funds from LSTA PLA Scholarship Award 392 12/18/17

North Carolina Department of Transportation

Abandonment of a portion of a right-of-way along Westview Drive 394 12/18/17

Ordinance

Rezoning – From R-30 Residential to Planned Development-Conditional Zoning District 389 12/18/17

Planning

Rezoning – From R-30 Residential to Planned Development-Conditional Zoning District 389 12/18/17

Presentations

Catawba County Youth Council 389 12/18/17

North Carolina Public Library Directors Association Award for Literacy 389 12/18/17

Public Health

Increase and change in the structure of the current CPR/First Aid Fee 392 12/18/17

Public Hearing

Rezoning Request – Dr. Jane Barber 389 12/18/17

Resolution

Abandonment of a portion of a right-of-way along Westview Drive 394 12/18/17

Declaring Opioid Crisis a Public Nuisance 394 12/18/17

The Catawba County Board of Commissioners met in Regular Session on Monday, December 18, 2017, at 7:00 p.m., in the Robert E. Hibbitts Meeting Room of the 1924 Courthouse, 30 North College Avenue, Newton, North Carolina.

Present were Chair Randy Isenhower, Vice-Chair Barbara G. Beatty and Commissioners Katherine W. Barnes, Sherry E. Butler and Dan A. Hunsucker.

Also present were County Manager Mick Berry, Assistant County Managers Dewey Harris and Mary Furtado,

County Attorney Debra Bechtel, Assistant County Attorney Jodi Stewart and County Clerk Barbara Morris.

1.  Chair Randy Isenhower called the meeting to order at 7:00 p.m., noting a quorum was present.

2.  Commissioner Dan A. Hunsucker led the Pledge of Allegiance to the Flag.

3. Vice-Chair Barbara G. Beatty offered the invocation.

4. Commissioner Hunsucker made a motion to approve the minutes of the Board’s Regular Meeting of December 4, 2017. The motion carried unanimously.

5. Recognition of Special Guests: Chair Isenhower welcomed everyone present.

6. Public Comments. None.

7. Presentations:

a. The Catawba County Youth Council President Jalen Johnson made a brief presentation on its activities and the Board appointed/reappointed forty-one members to the Council for 2018 later in the meeting during Appointments.

b. The Board presented Catawba County Library Director Suzanne White, library staff and members of the Library Board of Trustees with a North Carolina Public Library Directors Association (NCPLDA)Award for Literacy for its Connect, Explore, Grow: Engaging the Latino Community initiative. The award recognized a library system that has demonstrated passion, excellence and dedication in support of literacy, with unique and inventive services that result in a positive impact on the community. With this initiative, the library was recognized for its dedication to engaging and supporting the Latino Community through outreach, literacy and engagement focused on collaborating to serve the needs of our Latino community.

8. Public Hearing.

Senior Planner Chris Timberlake requested the Board hold a public hearing to receive citizen comments and consider a request to rezone 15.4 acres from R-30 Residential to Planned Development-Conditional Zoning District for a medical campus and other professional uses. The Planning Board submitted a unanimous 9-0 recommendation in favor of this request.

The Parcel is located at 1675 Molly’s Backbone Road in the Sherrills Ford Small Area Planning District, Mountain Creek Township. In 2008, the applicant, Dr. Jane Barber, received approval for a special use permit, through the Board of Adjustment, to construct and operate a veterinary clinic on the subject parcel. The veterinary clinic opened in 2009. Parcels to the north and west are zoned both R-80 Residential and R-30 Residential, with some parcels developed and some parcels undeveloped.

The parcel is located within the Watershed Protection-Overlay (WP-O) WS-IV Critical Area allowing for 24% built-upon area for non-residential uses. The requested development is under 16% built-upon area. Setback requirements are 30’ along the front of the property and 50’ along all side and rear property lines that are adjacent to the surrounding residential development.

Dr. Barber requested rezoning of the property from R-30 Residential to PD-CD to allow for construction of three additional buildings; one 5,000 square feet and two 10,000 square feet. The existing veterinary clinic and residence total 7,400 square feet. The total requested building square footage is 32,400 square feet including the possibility of remodeling the residence into a non-residential use. The allowable Floor Area Ratio for a 15.4-acre parcel in the PD district is 223,608 square feet. The request is significantly less than what is allowed in the Planned Development district.

The additional buildings would provide opportunity for medical offices, clinics, and laboratories serving animals and people. An additional use that Dr. Barber would like to consider is office space not specifically for medical use (i.e. insurance, realty, etc.) if it would benefit the community. Dr. Barber proposed that future building design and exterior materials would complement the existing veterinary office consisting of hardi-board siding and stone. The request included monument-style signage using rock veneer for each building consistent with the existing vet clinic sign. There are two site plan options for consideration. Option 1 offers a second driveway if Dr. Barber is able to secure the adjacent property, which at the time of the Board of Commissioners meeting looked likely.

Public water is approximately 1.25 miles away on Molly’s Backbone Road. The use would be limited to private well service. Public sewer exists in front of the property on Molly’s Backbone Road. Connectivity to public sewer would require a pump system to connect to the existing force main, and design and connectivity would be subject to approval by the City of Hickory.

Molly’s Backbone Road is a local residential collector road. Average daily traffic counts taken in 2015 near the site measured 1,200 vehicles per day (VPD). The estimated capacity of this particular span of Molly’s Backbone is approximately 10,000 vehicles per day based upon the existing road width. The additional square footage, based on vehicle trips generated by medical clinics, could increase traffic by 775 trips per day. Although the use could increase traffic on Molly’s Backbone Rd., it would not overburden the existing roadway. There are no recommended improvements in the adopted thoroughfare plans for Molly’s Backbone Road. NCDOT will review driveway connectivity requests and require any necessary roadway improvements upon the applicant’s submittal of construction plans.

The Sherrills Ford Small Area Plan, adopted on February 17, 2003, provides land use recommendations for the Sherrills Ford/Terrell community. Future Land Use Recommendations recommend the site be zoned for residential uses with a maximum density of one dwelling per two acres. The Economic Development section of the plan states, “Ideal economic development for the area will be oriented toward smaller projects with lesser impact.” One of the guiding principles found in the economic development section states to “provide more opportunities for a variety of job types in efforts to improve the employment base in Sherrills Ford.” The request was inconsistent with the adopted land use recommendations but is consistent with economic development principles and suggestions within the plan.

The Planning Board held a public hearing on November 27, 2017 to review the request. Dr. Barber was present to speak in favor of the request. One adjacent property owner did not support the request and shared concerns of possible light spillage, increased traffic on Molly’s Backbone Road, and was curious as to whether or not an increase in non-residential use would lessen the resale potential of his home. Another adjacent property owner stated that having the Veterinary Clinic close to home was a nice benefit. He was in favor of the request. The Planning Board commented on how well put together the plan was and stated it was one of the best they had reviewed.

Staff recommended the Planning Board submit a favorable recommendation to the Board of Commissioners to rezone the 15.4 acres from R-30 Residential to PD-CD Planned Development-Conditional Zoning District allowing for a medical campus based upon the size of the property allowing for increased setbacks and buffering of the non-residential uses from existing residential uses that provides a low-impact to the surrounding area and retains the rural character; the economic development principles and statements within the Sherrills Ford Small Area Plan; and the proposed conceptual site plans (Option 1 and Option 2) prepared by Terwisscha Construction, Inc.

The Planning Board voted 9 – 0 to submit a favorable recommendation to the Board of Commissioners to rezone the 15.4 acres from R-30 Residential to PD-CD Planned Development-Conditional Zoning District allowing for a medical and professional use campus in concurrence with staff’s rationale (outlined above).

Chair Isenhower opened the public hearing and noted that the Board had received an email in opposition to the rezoning from Jon Grigorian, an adjoining property owner. Mr. Grigorian’s concerns included traffic, noise and spot zoning as well as ingress and egress for traffic and opposition to kenneling and boarding at the facility. Dr. Barber, the applicant, spoke in favor of the rezoning. Chair Isenhower closed the public hearing. The Board then discussed traffic issues related to visibility at the entrance off of Molly’s Backbone Road and concerns that one proposed parking lot was too close to existing residential areas. After discussion, additional conditions were added to move all proposed parking to the northern side of the southernmost proposed building and full-cut off lighting for all newly installed exterior light fixtures. Commissioner Sherry Butler made a motion to approve the rezoning requests, with the additional conditions included; the motion carried unanimously. Chair Isenhower took this opportunity to address the many Catawba County Youth Council members present to further explain aspects of this rezoning request. The following ordinance and consistency statement apply:

Ordinance No. 2017-______

AMENDMENT TO THE CATAWBA COUNTY ZONING MAP

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS, that the Catawba County Official Zoning Atlas is hereby amended by rezoning a portion of the following described property from R-30 Residential to PD-CD (Conditional Zoning District) for a medical and professional office campus:

15.4-acre parcel identified by Parcel Identification Number 4619-01-15-4979 located at 1675 Molly’s Backbone Road in the Sherrills Ford Small Area Planning District, Mountain Creek Township.

PLAN CONSISTENCY STATEMENT:

Pursuant to NCGS 153A-341, the Catawba County Board of Commissioners finds the request inconsistent with the Sherrills Ford Small Area Plan’s recommendations on Map 5, titled “Future Land Use Recommendations." The map depicts the property as being located in an area recommended for low-density (one dwelling per 2-acres) residential development. However, the request is consistent with principles and concepts within the economic development section of the plan stating, “Ideal economic development for the area will be oriented toward smaller projects with lesser impact” and “provide more opportunities for a variety of job types in efforts to improve the employment base in Sherrills Ford.” The Board of Commissioners therefore finds the request reasonable for rezoning and in the public interest and amends the Plan based upon:

1)  The size of the property allowing for increased setbacks and buffering of the non-residential uses from existing residential uses that provides a low-impact to the surrounding area and retains the rural character;

2)  The economic development principles and statements within the Sherrills Ford Small Area Plan;

3)  The proposed conceptual site plans (Option 1 and Option2) prepared by Terwisscha Construction, Inc.; and

4)  The conceptual site plan amended to move all proposed parking to the northern side of the southernmost proposed building and requiring full-cut off lighting for all newly installed exterior light fixtures.

This the 18th day of December 2017.

ZONING MAP AMENDMENT CONSISTENCY STATEMENT

On December 18, 2017 the Catawba County Board of Commissioners conducted a public hearing for the purpose of considering a zoning map amendment to PIN 4619-01-15-4979 (Case #RZ2017-05). The applicant is Dr. Jane Barber.

Upon considering the matter, the Catawba County Board of Commissioners finds the request inconsistent with the Sherrills Ford Small Area Plan’s recommendations on Map 5, titled “Future Land Use Recommendations." The map depicts the property as being located in an area recommended for low-density (one dwelling per 2-acres) residential development. However, the request is consistent with principles and concepts within the economic development section of the plan stating, “Ideal economic development for the area will be oriented toward smaller projects with lesser impact” and “provide more opportunities for a variety of job types in efforts to improve the employment base in Sherrills Ford.”

The Board of Commissioners therefore finds the request reasonable for rezoning and in the public interest and amends the Plan based upon:

5)  The size of the property allowing for increased setbacks and buffering of the non-residential uses from existing residential uses that provides a low-impact to the surrounding area and retains the rural character;

6)  The economic development principles and statements within the Sherrills Ford Small Area Plan;

7)  The proposed conceptual site plans (Option 1 and Option2) prepared by Terwisscha Construction, Inc.; and

8)  The conceptual site plan amended to move all proposed parking to the northern side of the southernmost proposed building and requiring full-cut off lighting for all newly installed exterior light fixtures.

This recommendation was affirmed by a vote of ___-___ of the Catawba County Board of Commissioners.

9. Appointments.

Upon the recommendation of Chair Isenhower, the Board appointed Bryan Graham to succeed Regional Hamilton on the K-64 Education Board. The Board then appointed/reappointed forty-one members to the Catawba County Youth Council for 2018. Each member present was presented with a copy of their appointment letter. Chair Isenhower thanked them for their efforts and their activities with non-profits in Catawba County.

10. Consent Agenda.

County Manager Mick Berry presented the following four items under the consent agenda for Board consideration:

a. A request for Board approval of an increase and a change in the structure of the current CPR/First Aid fee from $22 (combination of current CPR fee $15 and First Aid fee $7) to a new fee of $40. Catawba County Public Health received notice from the American Heart Association that effective October 3, 2017, the Heartsaver CPR/First Aid charges for course completion cards and student workbooks would change. These changes will be an increase from $2.75 to $17.00 for Completion Cards and Student Workbooks will decrease from $15.00 to $3.00. Heartsaver states it is making these changes to provide students with greater access to the program workbooks to serve as a valuable reference tool before, during and after training.