The Henderson County
Board of Commissioners met for a special called meeting at in the Commissioners' Conference Room
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 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
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.
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.
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
(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.
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
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
The Future Land Use Map
does not recommend this area as a
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.
An R-20 district is
Three R-15 districts are
recommended in the central section of the Study Area for eastern areas of
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
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.
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
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.
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
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.
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.
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.
Commissioner Messer made the motion to adjourn the meeting. All voted in favor and the motion carried.
Elizabeth W. Corn, Clerk to the Board William L. Moyer, Chairman