MINUTES

 

STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                   JULY 7, 1999

 

The Henderson County Board of Commissioners met for a special called meeting at 3:00 p.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.

 

Those present were:    Chairman Grady Hawkins, Vice-Chair Bill Moyer, Commissioner Renee Kumor, Commissioner Don Ward, Commissioner Marilyn Gordon, Assistant County Manager/Interim County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.

 

Also present were:      Staff Attorney Jennifer O. Jackson and Interim Planning Director Karen C. Smith.

 

Absent was County Manager David E. Nicholson.

 

CALL TO ORDER/WELCOME

Chairman Hawkins called the meeting to order and stated that the main objective for this meeting was to try to make the Manufactured Home Park Ordinance compatible and more user friendly for the areas that are zoned.  Staff has been working on making the zoned and unzoned use of manufactured homes compatible.  The Board has held a public hearing.

 

This was a worksession on Manufactured Home Park Ordinance proposed amendments and Zoning Ordinance proposed amendments.

 

ISSUES PERTAINING TO MANUFACTURED HOME PARK ORDINANCE

AND ZONING ORDINANCE AMENDMENTS

Karen Smith informed the Board that they would need to refer to their new packet of information, it has a new cover and an updated issues chart at the back.

 

Jennifer Jackson reviewed the issues with the Board:

 

1. Definition of AManufactured Home Park - The Planning Board had recommended to have the definition triggered by 3 or more mobile homes, as opposed to five.

 

Chairman Hawkins called a five minute recess.

 

Jennifer continued with the above giving staff comments - the current Zoning Ordinance defines as 3 or more; to change to 5 may have unintended results in zoned areas (i.e. a 3-unit park will no longer be a park and may be able to expand by one more unit without triggering the new regulations).

 

Following very much discussion and review of the NC General Statutes, it was the consensus of the Board to review this again following the discussion of minor vs. major mobile home parks.

 

2. Definition of AManufactured Home Park@ - It was the desire of both the Planning Board and staff to have the definition consistent in both ordinances.

 

3. Distinction between minor and major mobile home parks - Board comments from previous meetings - it might make sense (especially if the definition is dropped back to 3) to differentiate between minor and major parks and provide for more lenient standards for minor parks.  May be able to exempt parks with less than 10 units/spaces from certain provisions.

 

Staff reviewed site development standards with the Board and the Board gave staff some direction for differences in site standards for minor vs. major mobile home parks. 

 

Following discussion, it was the consensus of the Board that 10 or less units would equal a minor mobile home park, 11 plus units would equal a major mobile home park and differences between those in the Section 400's the Board was interested in making less requirements for the minor parks dealing with internal road standards (section #411, 412, 413) with about an inch difference in the gravel requirements, two inches in # 413 from 6" to 4".  These differences would make the minor/major parks consistent with the Subdivision Ordinance.   The Board also addressed expansion after a park is in place and decided that they would then have to comply with the ordinance.  If a new park wanted to expand from a minor to a major they would have to comply with the road safety provisions but would not have to comply with set-backs or change the location of the pre-existing  units.                                                                     

 

4. Limitation on pre-1976 manufactured homes - the Planning Board had commented that this should be left to the developer of the park.  There was some concern that surrounding counties would prohibit pre-1976 units and they would then come to Henderson County.  Following much discussion, it was the consensus to limit any new parks to 25% or less of pre-1976 units. 

 

5. Certificate of Completion - Staff Comments - Certificate of Completion (COC) may not be necessary in the zoned areas; Process as written would entail CUP, COC, Zoning Compliance Permit, Set-Up Permit; COC could be eliminated in favor of the Zoning Compliance Permit.

 

It was the consensus of the Board to revisit conditional use permit for certificate of completion.

 

6. Procedure outlined in Mobile Home Park Ordinance - Staff Comments - Should keep as much of the Zoning Ordinance procedure in place as possible; may only want to incorporate site development and improvement standards (Article IV of Mobile Home Park Ordinance) and provisions dealing with pre-existing parks and expansions (Section 500 and 501).

 

7. Existing park inventory - Staff Comments - The inventory to establish existing parks for grandfathering purposes may not be completed by the original deadline of 6 months.  An extension of this may be necessary.  The inventory has proven to be very time consuming. It was the consensus of the Board to advertise a 3 month extension and a drop-dead date.

 

8. Migrant housing - Following discussion, it was the consensus of the Board to exempt minor parks (under 11), and major parks (11 or more) must meet the regular standards.

 

Staff will draft these revisions and bring them back to the Board at one of the August meetings.

 

CLOSED SESSION

Chairman Hawkins made the motion to adjust the agenda to include a closed session meeting.  All voted in favor and the motion carried. Chairman Hawkins then made the motion for the Board to go into closed session as allowed pursuant to NCGS 143-318.11 for the following reasons:

 

1. (a)(3)           To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged.  To consult with an attorney employed or retained by the public body in order to consider and give instructions to the attorney with respect to a claim.

 

2.(a)(6)            To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee.

 

All voted in favor and the motion carried.

 

Commissioner Moyer made the motion for the Board to go out of closed session.  All voted in favor and the motion carried.

 

There being no further business to come before the Board, Chairman Hawkins adjourned the meeting at approximately 4:50 p.m.

 

Attest:

 

 

 

                                                                                                                                                            

Elizabeth W. Corn, Clerk to the Board                        Grady Hawkins, Chairman