MINUTES
STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY OF HENDERSON APRIL 23, 2001
The Henderson County Board of
Commissioners met for a special called meeting at 2:00 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
Bill Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner
Don Ward, Commissioner Charlie Messer, County Manager David E. Nicholson,
County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.
Also present were: Assistant
County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith,
Environmental Planner Nippy Page, and Public Information Officer Chris S.
Coulson.
CALL TO ORDER/WELCOME
Chairman Moyer called the
meeting to order at approx. 2:09 and welcomed those in attendance, stating that
this workshop would be devoted to Open Use Zoning discussion. The Board had completed five public input
sessions, four of them spread throughout the county and one of them in this
room. The Board had heard from the citizens who chose to participate. On April 19, at a special meeting, the
Henderson County Planning Board at the Commissioner=s request met to discuss Open Use and to come up with
a recommendation for the Board.
Chairman Moyer turned the meeting over to Karen Smith at this time.
PLANNING BOARD=S RECOMMENDATION TO BOARD OF COMMISSIONERS
Karen explained that the
Henderson County Planning Board met for a Special Called Meeting on April 19,
2001, to discuss the proposed text amendments to the Zoning Ordinance related
to the proposed Open Use Zoning as well as the two options under consideration
by the Board of Commissioners for amending the Official Zoning Map through the
application of the Open Use District.
The following Planning Board
members attended the meeting: Chairman Tedd Pearce, Vice-Chairman Walter
Carpenter, Leon Allison, Jack Beattie, Jack Lynch, and Valerie Welbourn. Mr. Allison had to leave the meeting prior
to both the vote on the text and the vote on the map, although he was present
for much of the discussion on the text.
Text Amendments
Regarding the text, the
Planning Board voted unanimously (5 to 0) to recommend the draft subject to
some proposed changes, which were summarized as follows:
1.
Section 200-7,
Definitions
$
The definition of
Concrete Plants should be revised so that portable concrete plants are
regulated. It should be made clear,
however, that a temporary use permit may be obtained for all of the regulated
uses.
$
The definition of Mining
and Extraction Operations should be revised to exclude site preparation work.
2.
Site Standards Chart
$
A Separation
requirement was added for all uses listed on the chart that did not previously
have such a standard, and some previously proposed separation standards were
decreased. As proposed by the Planning
Board, all uses on the chart would have a minimum separation of 2 mile from schools.
There was a change to the proposed 2-mile separation from healthcare
facilities, for Motor Sports Facilities, and the proposed 1-mile separation
from healthcare facilities for Amusement Parks.
$
A Residential Density
requirement of 250 in 2 mile was added for Heavy Industries, Mining and
Extraction Operations and Chip Mills.
The previously proposed Residential Density of 250 in 1 mile for Asphalt
Plants and Incinerators, and was changed to 250 in 2 mile and no separation residential density for
concrete plants or junkyards. Solid
Waste, Slaughtering Plants, and Amusement Parks stayed at 250 in 1 mile.
In making the recommendations
on the text, several Planning Board members made some comments. Walter Carpenter stated that he was voting
for it with some trepidation because he feared that people may feel like they
have more protection than Open Use will give them. Tedd Pearce said that if Open Use was all the County was going to
do, he would oppose it, however he thinks that the Board of Commissioners are
looking at it as a step. Jack Lynch
stated that the community needs a better education on land use planning. The Planning Board members also seemed
interested in seeing areas being zoned for industrial uses in the future.
Map Amendment
Regarding the two options on
the proposed map amendment for the Open Use District, the Planning Board voted
unanimously (5 to 0) to recommend that Open Use Zoning be applied to all
unzoned areas, except for the State and National forests as shown on the Aentire county@
map. The Planning Board members generally agreed that there should be no
differences in the proposed standards if the Board of Commissioners votes to
apply Open Use to only a portion of the unzoned areas in the county.
Karen Smith stated that she
expected that the Chairman of the Planning Board, Tedd Pearce, would provide a
formal letter to the Board of Commissioners with the Planning Board=s recommendations.
Chairman=s Proposal
Based on prior discussion,
Chairman Moyer proposed that the Board start with the map issue and see if the
Board can resolve that. It may have a
bearing on some of the uses and some of the restrictions with respect to the
uses. Chairman Moyer was originally
concerned about applying Open Use Zoning county wide but has since changed his
mind, partly due to the comments received at the public input sessions. Therefore, it was his recommendation to
apply Open Use Zoning county wide in all unzoned areas.
Commissioner Ward stated that
he was a little surprised at the public input sessions about who was for and
who opposed county wide zoning. Etowah
residents were vocally against it and Green River and Edneyville residents
favored zoning, not wanting to be left without any protection. Grimesdale and Fletcher residents voiced
strongly that they wanted to be included. He felt that it needed to be applied
county wide and the Board would have to work with the Etowah group who were
strongly opposed.
Commissioner Messer agreed
that Open Use needed to be applied county wide. He voiced that he was glad to
be sitting on the Board to take this zoning county wide. A lot of areas in Henderson County don=t have anything now and he felt that this was a good
start.
Commissioner Gordon stated
that the Board had not heard from very many people. She stated that the only way for this to be effective would be
county wide and voiced her support for application of Open Use Zoning county
wide.
Commissioner Hawkins stated
that he would have preferred to stay with the course of action the Board had
initially set of looking at unzoned areas immediately adjacent to
municipalities, ETJ extensions, and land use requirements on people that had no
voice in their election. He felt that
from a number of responses across the county there was a misconception that
open use zoning would be retroactive. He briefly touched on the subject of
protected mountain ridge lines as well as solid waste management. He hoped that the Board would not zone
themselves from siting a landfill in the future if need be. He stated that he
had some serious reservations about the current document being applied county
wide.
Following discussion,
Chairman Moyer made the motion to adopt the map that applies the open use
district county wide and that the Board move to considering the text
amendments, for planning purposes or purposes of moving forward. A vote was taken and the motion carried four
to one with Commissioner Hawkins voting nay.
Text Amendment
Chairman Moyer suggested that
the Board start with the residential density subject as it is the most
controversial. That and separation are the two subjects that get into
planning. The Planning Board wrestled
long and hard with this to make their recommendations.
Chairman Moyer asked for
assurance from Planning Staff that the Board would not be prohibiting some of
these uses from anywhere in the county if they followed the Planning Board=s recommendations.
Karen Smith assured him that staff had not had time enough to study that
since the Planning Board=s meeting and recommendation. She stated that the maps that staff has were
generated at the time of the Motor Sports Facilities Ordinance, about 2 years
ago. Staff had looked at the county
grid at that time and how many residential dwelling units fell within that
grid.
Much discussion followed
about density. Commissioner Gordon stated
she would like to see a map with all our schools and health care facilities
noted with 2 mile circles drawn around each one (including nursing
homes). It was also stated that the County Commissioners do not control where
schools or health care facilities can be built within this ordinance. There was a lot of discussion of what the
county=s capabilities were to generate a map and/or the data
that the Board might want to see to make their decisions about this issue.
Angela Beeker showed the
Board a county grid map which was produced in February 1999 with each dwelling
unit noted in the grid blocks. Each
grid block equals four square miles. The map is on the scale of one inch
equaling one mile. She then showed
another map with all the schools marked (minus any home schools) which was
prepared in December of 1998. The
Commissioners thought of numerous schools which were not on the older map plus
several new schools and schools currently under construction.
There was direction from the
Board for staff to generate a new grid map of the county with all residential
units noted and all schools and health care facilities marked.
There was much discussion of
what would qualify as heavy industry (that we currently have) under the
ordinance. There was discussion of
revisiting the definition for heavy industry.
Angela Beeker stated that if
the Board could give staff some direction as far as the types of things that
the Board would be looking to regulate versus not regulate, staff could take
that information and assess it in terms of the definition to see if it is doing
what the Board wants it to do.
It was stated that citizens
can opt for a zoning change much easier once they are already zoned (open use)
or make it easier to take their zoning up to another level.
The Board asked who are
currently our large quantity hazardous waste generators. There are currently six in Henderson County
and they are all considered heavy industry: General Electric, Steelcase, Barber
Threads, Blue Ridge Metals, Kimberly-Clarke, and PrintPack.
For purposes of moving
forward, Chairman Moyer asked that the Board consider heavy industry as any
large quantity generator of hazardous waste with the exceptions still present
and all of number one stricken out.
Chairman Moyer explained that
the Board is just trying to have some requirements about where heavy industry
and other uses can go. They certainly don=t
want to scare off any industry that might bring job opportunities to our
community. The Board expressed concern about how close heavy industry is
allowed to schools. The Board
discussed heavy industry very much and did not come to a consensus and it was
finally decided to wait on that until the Board gets the new map with the
density units marked.
Commissioner Hawkins stated
once again that the protected mountain ridges prohibit everything on the
chart. He stated that he heard no
comments regarding this at any of the public input sessions. What is in open
use is more restrictive than what is currently in the ordinance regarding
protected mountain ridges.
There was a lot of discussion
about a solid waste facility. Ms.
Beeker asked the Board whether they wished to regulate governmental uses. They could elect not to regulate governmental
uses. There was discussion of how much separation should be between a solid
waste facility and a school. The majority wanted to do an exemption for
governmental uses for incinerators and solid waste facilities with the
separation of 2 mile from schools.
Mining & Extraction - the
Board wanted to get some language added to make it absolutely clear that site
prep work for the removal and sale of soil would not be included in the
definition. Staff will draft some
language for presentation at the next meeting and include the Planning Board=s recommendation of 2 mile from schools.
There was some discussion
related to fencing and the requirement for such. Currently fencing is required around the perimeter of the portion
of the land that is being used for restricted use, but including parking for
secured access. The Board was in
consensus that fencing only be required for the principal use, not for parking
areas. There was consideration given to not requiring fencing for an enclosed
secure building, but for outside operation as part of their principle use. Staff will work on drafting new language for
fencing.
Concrete Plants - the
Planning Board=s recommendation was to include portable concrete
plants. It was the consensus of the Board to include portable in the definition
for concrete plants, asphalt plants, and chip mills.
Jennifer Jackson informed the
Board that currently there are no standards for the Board of Adjustment to
apply to issue a temporary use permit. They are looked at on a case by case
basis and the only requirement they have in issuing that permit is that the
permit itself must be for a fixed duration.
The Board may want to give additional guidance at some later date with
respect to use of a temporary use permit. The Board may also discuss setting a
deminimus. As recommended by the
Planning Board, the Board agreed to 2
mile from a school but no residential density requirement. The Board may chose
to revisit some of these when they study all of the residential densities.
Incinerators - The Board
wished to include fencing.
Junkyards - no recommended
change.
Motorsports - same as what we
currently have.
Slaughtering Plants - no
recommended change.
Chip Mills - no recommended
change.
Junkyards - There was
discussion that our junkyard ordinance needs updated. If Open Use District is
applied county wide, then the Board can repeal the Junkyard Ordinance because
it will fix the junkyard regulation throughout the county. Junkyards and graveyards are two different
things. Mrs. Beeker explained that the
primary differences between a junkyard and a vehicle graveyard: 1. a junkyard is a principle or main use and a
vehicle graveyard is an accessory use, 2. a junkyard is typically operated as a
business and a vehicle graveyard is not.
As written, open use prohibits them in the residential zoning districts.
Specific direction to staff -
The Board requested staff get wording on the preliminary changes made today and
whatever the Staff can get to help the Board with residential density as well
as anything the Staff can bring to the Board about the protected mountain
ridges.
Commissioner Ward requested
that Rocky Hyder be at the next open use work session.
Chairman Moyer hoped to
resolve this issue at the next work session scheduled for Thursday, May 26 at
8:30 a.m.
Chairman Moyer 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