MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a special called meeting at
Those present were: Chairman Bill Moyer, Vice-Chairman Charlie
Messer, Commissioner Larry Young, Commissioner Shannon Baldwin, Commissioner Chuck
McGrady, County Manager David E. Nicholson,
Acting County Attorney Russell Burrell, and Clerk to the Board Elizabeth
W. Corn.
Also present were: Planning
Director Karen C. Smith, Planner Anthony Prinz, and Chairman of the Planning
Board Tedd Pearce.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance. He stated this was an
opportunity for the Board of Commissioners to meet with representatives of the
Planning Board and receive their comments and talk with staff about their
recommendations and ask questions and decide how the Board wishes to
proceed. He stated that there would be
no public comment.
Introductory Comments by Tedd Pearce
“On behalf of the
Planning Board members, I would like to thank Karen and her staff for the
tremendous support and the quality of effort they have provided in developing
the tools for the subcommittee and the board to study this rezoning. I especially want to thank Anthony and Autumn
for their hard work and patience with both the committee and the planning board
as we struggled through this study.
Almost two years ago a
study was initiated by CMR for recommendations on how to rezone 25 North. When
the Planning Board received the study and its recommendations, the most glaring
problem with the study was its (multiple choice) approach to the rezoning. You should have a copy of this in your
packets or in some of the information you have been provided on this. For the most part, we disregarded the
recommendations and started over again.
As we started, we as a
group decided that the CCP would and had to be our guiding source for
information and for how to proceed on the study. We also quickly realized that our Zoning
Ordinance was very inadequate, especially as it related to Commercial Zoning
Districts. Using these premises as our
starting point we studied the area through the subcommittee level and came up
with our tentative zoning.
Then the Planning Board
immediately began a series of public input sessions and then after those we
went back to the individual items requested or voiced by every person who
either spoke at the public input sessions or gave us verbal or written
communications about specific properties.
Obviously, this whole input process created a lot of press and strong
feelings on both sides. We studied
people’s comments and have before you the final recommendations of the Planning
Board as well as supporting data to help you in your decision making
process.
Foremost in our
recommendation is the fact that the Planning Board feels that
I strongly urge you to
accept the Planning Board recommendations as presented. I think you will find that we have been
unbiased in our approach and have adhered to the County Comprehensive Plan.”
Review of Study Area and Planning Board’s Zoning Recommendations
Karen Smith and Anthony
Prinz made a G.I.S. presentation of the study area, showing maps of floodplains,
aerial photos and other pertinent information. They were able to project two
images at once, showing the proposed zoning as well as the current zoning. They
answered many questions from the Board.
They then reviewed with
the Board the Planning Board’s recommendations, beginning in the northern end
of the study area.
North Study Area:
Figure 1 – Industrial – The Planning Board has proposed industrial
for some plots of land that have existing industrial uses, such as Arvin
Meritor, Owen Manufacturing, Southern Concrete Materials site, and TDN
Corporation. Some of the larger parcels along
Figure 2 – Light Industrial - A Light Industrial
district is recommended along I-26 in the area of
The Future Land Use Map
does not specifically recommend industrial land use in this area. However, this area of the Study is in the
Urban Services Area and the CCP does state that urban scale development should
occur in the Urban Services Area, including industrial uses in appropriate
locations.
Commercial
Recommendations for
commercial zoning in the northern portions of the Study Area are generally
concentrated along US Highway 25 North, at or near the interchange with I-26.
Commercial zoning districts in this area were placed in relation to existing
commercial land uses and property suitable for expansion of such
development. C-4 Highway Commercial was
recommended in this area to create a regional scale commercial node at this key
intersection with I-26. C-4 accommodates
existing uses in the northern portion such as Smiley’s Flea Market, Auto
Advantage, the multiple manufactured home sales lots, Todd’s RV and Marine,
Southern States, Crystal Visions, as well as others. Further, uses commonly found in regional
scale commercial centers such as shopping centers, hotels, hospitals, etc. are
also permitted in the C-4 district.
Access to I-26 and US Highway 25 North and the amount of undeveloped
land suitable for development makes this a prime location for regional
commerce.
A small area on
Recommendations of C-4
in this area are consistent with the recommendations of the Future Land Use
Map. Two community service centers are
recommended in this area and the Planning Board proposed they be melded into
one regional commercial center located around the I-26/US Highway 25 North
interchange.
Residential
Recommended residential
zoning in northern sections of the Study Area include two R-15 Medium-Density
Residential districts and one T-15 Medium-Density Residential with Manufactured
Homes district. In both cases where R-15
was recommended, recommendations were based primarily on existing land use and
lot size. In general, the most prominent
land use in both of these proposed districts is single-family residential. Analysis of lot size determined that most
existing lots in this area comply with the minimum standards set forth by the
R-15 district, thus limiting nonconforming lots. Creation of these two R-15 districts is
intended to protect existing residential uses while allowing future
medium-density residential development.
Municipal water is accessible in this area along
The R-15 district west
of US Highway 25 North is not consistent with general land use recommendations
provided by the Future Land Use Map. The
area in question is recommended for industrial use by the Future Land Use Map.
The T-15 district east
of US Highway 25 North in the area of
This recommended T-15
does conform with recommendations of the CCP’s Future Land Use Map for higher
densities of residential development in the Urban Services Area.
Rural Conservation
The purpose of the RC
Rural Conservation district as established by the Zoning Ordinance is to “help
protect natural resources…while maintaining the rural character associated with
existing agricultural and low-density residential development.” Because of this, RC was recommended in many
areas throughout the Study Area to work toward preserving agriculture uses and
to limit density of development in flood-prone areas, while allowing a diverse
range of development choices. The basic
premise of using an RC district in such areas is that with lower densities and
intensities of use, there is less impact on the natural environment and
hopefully less risk for people and property from the effects of flooding. RC permits uses such as single-family homes, churches,
family care homes, outdoor recreation, and a variety of commercial uses with a
minimum lot size of one acre.
A number of parcels in
the northern section of the Study Area are recommended as RC districts. Three
of these parcels are located adjacent to existing RC districts with two parcels
being almost completely within the floodplain. One of the western-most RC
parcels, along US Highway 25 and
Parcels (and portions of
parcels) to the west along Mud Creek in the area of Rugby Drive and US Highway
25 were recommended as RC primarily to account for a significant amount of
floodplain area. The RC district is
consistent with existing lot size and uses in this area including Mr. Gudger
Merrill’s farm and vegetable stand, as well as Jake’s
Open Use
Twenty-four parcels
(approximately 600 acres) in the eastern portion of the Study Area,
corresponding to properties owned by the Layman Foundation and
A number of parcels in
the area of PJ’s Place, owned by Mr. P.J. Moore, are also recommended for Open
Use zoning based upon the submittal of 2 contracts stating the intentions of
AHS Sunbelt, Inc., to purchase the property for future use by
Open Use zoning for
these parcels promotes recommendations of the CCP’s Future Land Use Map by
allowing virtually any use of the property by right, whether commercial,
industrial, or residential. The Future
Land Use Map does show a
An R-15 district was
recommended in the area of
The proposed R-15
district is consistent with the recommendations of the Future Land Use Map for
higher densities of residential development in the Urban Services Area.
Central Study Area:
The central section of
the US Highway 25 North Study Area does not adjoin any municipal boundaries;
however, it does border and include a number of existing County zoning
districts. Recommended zoning in this
area is intended to be consistent with existing zoning and land uses while
implementing policies set forth by the CCP.
Industrial
The Planning Board
recommends that the existing
Two I-1 districts are
recommended for seven parcels which adjoin US Highway 25 North in the middle
section of the Study Area. I-1 is recommended in these areas to account for
existing industrial uses and zoning.
Four parcels to the west of US Highway 25 North in the area of Old Roper
Road contain existing industrial uses such as the Salvation Army warehouse,
Worley’s Used Furniture and Repair, and a mini warehouse storage facility. Currently, three of the four parcels are
zoned I-1 with the fourth zoned I-2.
Proposed I-1 and I-2
industrial zoning districts are generally consistent with the recommendations
of the CCP’s Future Land Use Map.
Conservation areas within the
Commercial
A community scale
commercial node consisting of a C-2 Neighborhood Commercial district is
recommended at the intersection of Holbert Road and US Highway 25 North to
account for existing uses at this intersection including: Cathy Wilkie Realty,
GDS Transfer Station, Veach’s Auto Clinic, Freeman Gas, and others. The
recommended C-2 district does create some nonconforming uses; however, members
of the Planning Board believed that this area, based upon its location and
scale of use, was not appropriate for more intense commercial use that would be
found in a regional commercial node. The
size of this district is limited to the west by an existing residential
neighborhood on
The Future Land Use Map
does not recommend this area as a
A community-scale
commercial node, consisting of a C-2 core district and a C-2P transitional or
buffer district, is recommended for the intersection of
The C-2 and C-2P
districts do not have minimum lot size requirements. Because there are a number of older homes and
businesses on small lots in the area, the use of these districts minimizes the
creation of nonconforming lots based upon lot size. Public input from this area shows that
residents of the Mountain Home community advocate for the ability to use their
property for residential and commercial purposes. Recommended zoning of C-2 and C-2P in this
area allows residents of the community to exercise both of these options.
The intersection of
Office and
Institutional
An O&I district is
recommended for the Heritage Hills property which contains a nursing home
facility and a residential community, along with a number of parcels along US
Highway 25 North between the recommended I-1 and I-2 industrial districts to
the south, and the C-2P district to the north.
Currently, the land uses in question are mixed use; from low density
single-family residential to various types of commercial and institutional
uses. Single-family residential uses are
allowed by right in the O&I district with commercial and institutional uses
allowed with a conditional or special use permit. Existing lot sizes in this area generally
conform to the minimum lot standards of 30,000 square feet required by the
O&I district, thus creating a minimal number of nonconforming lots. The large parcel north of Industrial Park
Drive, on the east side of US Highway 25, is accessed through an existing
residential neighborhood (to the west) and has variable topography, making it
less suitable for industrial purposes and more appropriate for O&I.
O&I allows nursing
home facilities such as Heritage Hills with approval of a special use permit.
While most residential districts would permit a nursing home with a Medical,
Institutional Care Facility (MICD) special use permit, the standards are more
stringent and the application process is more rigorous compared to the special
use permit of the O&I district. If
the property is rezoned to O&I, the nursing home facility in Heritage Hills
would need a special use permit to expand.
The proposal of O&I
in this location does conform with land use recommendations from the CCP’s Future
Land Use Map for a mixture of uses in the Urban Services Area.
Residential
An R-20 district is
recommended between
Three R-15 districts are
recommended in the central section of the Study Area for eastern areas of
The western-most
district south of
The three recommended
R-15 districts do not necessarily change the availability of a large amount of
property for future development; rather, they are intended to acknowledge and
protect existing uses while providing standards for future development. Sustaining the residential character of these
areas and promoting medium-density development was the main focus in the
recommendation of these R-15 districts.
The Future Land Use Map does recommend higher density residential land
uses in the Urban Services Area.
Southern Study Area:
The southern portion of
the Study Area shares common boundaries with the City of
Industrial
Existing I-2 industrial
zoning is recommended to remain in areas around Bildon, Inc., and to the south
on properties currently used for an extraction operation and communication
tower. These are considered heavy
industrial uses and would need to be located within an I-2 district to conform
with zoning and to allow for future expansion.
The recommendation of
I-2 in this area is consistent with the CCP’s Future Land Use Map. This district does not extend into flood-prone
areas of Mud Creek.
Commercial
The Planning Board
recommended that an existing C-2 Neighborhood Commercial district remain in the
southern portion of the Study Area adjoining US Highway 25 North and the City
of
Recommendations of C-2
in this area do conform with recommendations of the CCP’s Future Land Use Map
for a community services center in this location.
Residential
The Planning Board
recommended that existing residential zoning in the area in and around
Grimesdale and Stoney Mountain Estates remain in its present zoning. Currently,
the Grimesdale community is zoned R-15 which is consistent with the existing
development pattern in that community. A
small area around an existing I-1 district, located to the west of the Grimesdale
community, is also recommended to remain R-15 due to the existence of numerous
multifamily dwelling units. Multifamily
units, such as those within this area, are allowed by right in the R-15
residential district.
R-30 is recommended for
properties in the southeastern portion of the Study Area that are contained
within, or adjacent to, flood-prone areas.
R-30 best fits the existing use of the land in this area as a
low-density single-family residential district.
This district is intended to promote low-density, low intensity
development, creating less impact on sensitive natural areas while preserving
existing qualities of the land. RC is
not recommended in this area because existing development is more consistent
with R-30 standards.
Recommendations of R-30
in this area are not consistent with the industrial recommendations from the
Future Land Use Map, but do promote lower intensities of development in areas
recommended for conservation. Existing
residential development and the presence of flood-prone areas precluded an industrial
recommendation in this area.
The recommendation to
create a T-20 district in the southeastern-most portion of the Study Area was
based upon current use, lot size, and the existence of large amounts of
undeveloped property. Land use in the area between
The CCP’s Future Land
Use Map recommends industrial land uses in this area; however, existing
development is more consistent with T-15 standards, and topographic issues may
limit the ability to develop the property for industrial purposes.
The Planning Board also
recommended that existing zoning in the
Recommended T-15 is
consistent with the recommendations of the CCP’s Future Land Use Map for higher
densities of residential development in the Urban Services Area.
Rural Conservation
Two parcels located
adjacent to the
Portions of a number of
parcels in the southern section of the Study Area are recommended to be
split-zoned 1-2 and RC primarily based on existing use, lot size, and the
presence of floodplain on a significant portion of these properties. Currently, the City of
RC proposals in these
flood-prone areas are consistent with conservation recommendations of the CCP’s
Future Land Use Map.
Planning Board Comments
The Henderson County
Planning Board supported the recommendations of the US Hwy. 25 North Zoning
Study. As stated in a motion that was
approved by the Planning Board on
The Planning Board
believes that recommendations of the US Hwy. 25 North Zoning Study do follow
policies and goals set forth by the Henderson County 2020 Comprehensive
Plan. However, members also believe that
recommendations could better implement policies of the CCP if tools recommended
by the Comprehensive Plan were currently available. The CCP recommends development of a Land
Development Code. This Code will combine
existing ordinances into one document and incorporate additional tools
necessary for implementation of the CCP.
These tools also include: a revised and updated Zoning Ordinance, Flood
Damage Prevention Ordinance, Sedimentation and Erosion Control Ordinance,
Stormwater Management standards, and Access Management standards. Many of these tools are recommended in the
CMR Services Inc, Highway 25 North Corridor Study. The Planning Board requested the ability to
revisit the US Highway 25 North Study Area subsequent to the completion of the
Land Development Code to modify recommendations and better implement policies
of the Comprehensive Plan.
Staff Comments
Henderson County
planning staff supports the recommendations of the US Highway 25 North Zoning
Study, and thanked all of those involved in the process with special thanks to
the Henderson County Planning Board and the Zoning/Land Use Subcommittee
members who committed a great deal of time and effort to the completion of this
Study.
Planning staff believes
that recommendations of the US Hwy. 25 North Zoning Study do follow policies
and goals set forth by the Henderson County 2020 Comprehensive Plan. However, staff also believes that
recommendations could better implement policies of the CCP if tools recommended
by the Comprehensive Plan were currently available. The CCP recommends development of a Land
Development Code. This Code will combine existing ordinances into one document
and incorporate additional tools necessary for implementation of the CCP. These tools include: a revised and updated
Zoning Ordinance, Flood Damage Prevention Ordinance, Sedimentation and Erosion
Control Ordinance, Stormwater Management standards, and Access Management
standards. Many of these tools are recommended
in the CMR Services Inc, Highway 25 North Corridor Study. Staff requests the ability to revisit the US
Highway 25 North Study Area subsequent to the completion of the Land
Development Code to modify recommendations and better implement policies of the
Comprehensive Plan. A more holistic
Study should be completed at that time to include recommendations for public
sewer and water, schools, recreation areas, transportation, housing, and
others.
Policies from the Growth
Management Strategy text of the Comprehensive Plan were the primary guides used
in this Study. Recommendations for the
location of general land uses including commercial, residential, and
conservation areas were provided by the Future Land Use Map. The Planning Board has examined both
resources in great detail and has made recommendations that balance policies
and recommendations of the CCP with existing conditions. Divergence from the Future Land Use Map is
the result of parcel level planning, and does not necessarily reflect departure
from the Comprehensive Plan. The Future
Land Use Map is a dynamic tool that should be revised following the adoption of
individual small area plans and the forthcoming Countywide
Industrial/Commercial Zoning Study.
Direction to Staff
Chairman Moyer asked if
the Board was ready to get some public comment on this document.
Mr. Nicholson suggested
the Board have a public input process as the first step, allowing staff to
conduct an information meeting with concerned residents and answer their
questions.
Following discussion, it
was the consensus of the Board to set a public hearing date at the January 19th
Commissioners’ meeting.
Adjourn
Commissioner Messer made the motion to adjourn the
meeting. All voted in favor and the
motion carried.
Attest:
Elizabeth W. Corn, Clerk to the Board William L. Moyer, Chairman