OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY OF HENDERSON MARCH 27, 2008
The Henderson County
Board of Commissioners met for a special called meeting at 7:00 p.m. in the
Commissioners' Conference Room of the Henderson County
Those present were: Chairman Bill Moyer, Vice-Chairman Charlie Messer, Commissioner Larry
Young, Commissioner Chuck McGrady,
Commissioner Mark Williams, County
Manager Steve Wyatt, County Attorney
Russ Burrell, and Clerk to the Board Elizabeth W. Corn.
Also present were: Associate
County Attorney Sarah Zambon, Planners Matt Card and Matt Cable, Senior Planner
Autumn Radcliff, Planning Director
Anthony Starr, and Deputy Clerk Terry Wilson.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance, stating that the purpose
of the meeting was a public hearing on Proposed Amendments to the Henderson
County 2020 Comprehensive Plan and Chapter 200A of the Land Development Code. Chairman Moyer requested that the Water Line
Extension for Cobblestone
Village and the
Firing/Shooting Range be added as additional items to the agenda.
Commissioner McGrady was
against the Firing/Shooting Range item and did not feel that adequate public
notice was given.
Chairman Moyer stated
that a number of people from the area had spoken with various Commissioners
during the week and they were asked to spread the word. He felt that it would not be prudent for the
Commissioners to wait any longer to take action. They should at least have a discussion and
decide where they want to go with this item.
Commissioner Messer made the motion to approve the agenda as
amended. The motion passed 4-1 with
Commissioner McGrady voting nay.
FIRING/SHOOTING RANGE AT JUSTICE ACADEMY
Chairman Moyer stated
that this issue had been bouncing around for a while and a number of
Commissioners have had discussions with citizens and certainly citizens have
had some legitimate concerns.
Chairman Moyer stopped
the meeting briefly due to technical difficulties.
CONTINUATION OF FIRING/SHOOTING RANGE AT JUSTICE ACADEMY
Chairman Moyer continued
discussion of the Firing/Shooting Range.
The Board has been trying to get clarification on the issue and the
Commissioners had different success levels in that regard. A draft resolution had been provided for
discussion and possible action. A copy
of the resolution is attached hereto and incorporated as a part of the minutes.
stated that several people had brought this item forth to him with fairly
serious concerns about the prospects of an outdoor shooting range going in at
the Justice Academy and the appropriateness of
putting such a range at that location.
The feedback he had been receiving is that the same opposition would not
come from an indoor range if the State can be persuaded to consider that
option. This is more or less what the
resolution is all about. We all see the
value in the Justice
Academy, it is a benefit
to training our local law enforcement as well as many across the state. We do not want to do anything to stand in the
way of trying to meet their needs. It
is his understanding that because the property is owned by the State of North Carolina rather than the citizens of Henderson County,
the state does not have to comply with our County Ordinances. The state does have the option to supersede
our rules. We hope they will hear our
concerns and respond accordingly.
Basically the resolution
states that we as Board of Commissioners are charged for protecting and
promoting the health, safety, and general welfare of the citizens of Henderson County.
We recognize the fact that the Academy provides training opportunities
for law enforcement personnel promoting the protection of health, safety and
welfare of the citizens in Henderson County as well as visitors of Henderson County. They also recognize with law enforcement
training there is a need for instruction regarding use of firearms and the
discharge of official duties was in the requirement set forth by law. The state of firearms training is fundamental
and critical to the mission and purpose of the Justice Academy. The Board of Commissioners support the
mission and purpose of the North
Carolina Justice Academy
and recognizes the academy’s value to the County and to the State. It recognizes the need for a state of the art
firearm training facility, particularly one to be located at or at close
proximity to the academy. The safety
concerns related to an outdoor firing range in a populated and growing area
does require that such a facility be enclosed as an indoor firearms training
facility. Therefore, the Henderson
County Board of Commissioners, in recognition of the aforementioned,
respectfully requests that the State of North Carolina
move to construct a state of the art indoor firearms training facility on the
Edneyville Campus of the North
Carolina Justice Academy.
stated that he had spoken with House Representative Carolyn Justus and Senator Tom
Apodaca along with a former director Don Raybin and discussed this item. No conclusions were reached but apparently
there was some room for a possibility that this could be an indoor range as
opposed to an outdoor range.
Chairman Moyer related
that they could not get specific answers as to what the schedule was and how things
were going to proceed. In one of the
discussions he got the impression that it was a done deal and don’t get in the
way. His discussions to date lead him to
believe that the Board needs to be on record with a positive statement
representing our citizens and what we think is the correct solution and try to
force that to the state.
Commissioner Messer said
that discussions he had with the citizens from that area also concluded that
they did not want an outdoor range.
Commissioner Young made the motion that the Board of
Commissioners adopt the resolution and send it to the State asking them to
grant our wishes on the Firing
Chairman Moyer stated
that a motion was on the floor and provided time for citizen input.
- Kay Caldwell – Ms. Caldwell is against the
outdoor firing range. It does
violate our recently adopted Zoning Ordinance, which she understands that
the State does not have to comply with but it also violates our outdoor
firing range code which she questions if the State has to comply with or
not. This firing range would be so
close to people’s homes; only 200 feet from a house with children living
in it. An indoor range does seem to
Chairman Moyer reminded the Board of the motion on the floor and added an amendment to the motion to
direct a letter to our Legislators and State and further directed staff to take
positive action in getting support on the resolution from our
legislatures. All voted in favor and the
Public Hearing on Proposed Amendments to the
Henderson County 2020 Comprehensive Plan
& Proposed Text and Map Amendments to Chapter
200A, Land Development Code
Chairman Moyer stated
that the two public hearings would be open for public comment and he would not
try to sort out what order the comments came in. The citizens would speak in the order that
they had signed up. The Commissioners will
sort out the comments as we go along. He
informed the people who had signed up to speak that they would be able to
direct questions to the Board or Staff. The
Board would like to leave with as much clarity on the issue as possible and a
full understanding of the concerns. Clerk
to the Board Elizabeth Corn had a sign up sheet and would call the first name and
the second name so that person would be ready next and allowed each 3 minutes
to make comments.
- Tom Crist – Mr. Crist is with the
Western North Carolina Manufactured Housing Association. He requested that the statue requiring 4/12
roof pitch on singlewide and doublewides be rescinded. He felt that having a 4/12 roof pitch on
a singlewide basically bans them from the county and does not offer
affordable housing. Legislating
segregation from parts of the county creates burden and lessons the value
of houses from one area to the next.
Mr. Crist was in favor of a 3/12 roof pitch. Mr. Crist feels that Hud houses appraise
and appreciate just like a stick built house. He said that the Board is looking at existing singlewides
within the county not conforming to the standard set forth where they have
to have vinyl and shingle. We would
like to see this abandoned.
- Joe Belcher – Mr. Belcher is with
CMH Homes Inc, the world’s largest manufacturer and retailer of
manufactured housing. He lives in Buncombe County
but has been providing affordable manufactured housing to Henderson County since 1980. Mr. Belcher
provided a video to the Board.
- Crawford Murphy – Mr. Murphy is an
architect from Asheville,
North Carolina and a church
planning specialist. He was
representing the Hendersonville
Pentecostal Holiness Church. He spoke in regards to rezoning. The property of the church has been
split zoned. He requested the Board
take Staff’s advice and rezone the property into 1 community commercial
parcel which is proper for the church development.
- Sam Neill – Attorney Sam Neill was
representing Bradley Schnyder and speaking in regards to Amendment #4, for
rezoning to local commercial. He
provided two pictures; one of an existing commercial building located on
Mr. Schnyder’s property; which is a construction company, and the second
was the building housing United Agricultural Products located directly
across the street. This property
has been used in continuous commercial operation since 1952. About fifteen years ago the packing shed
was torn down and a more modern commercial building was built for his
construction company. The zoning
that is being requested is 6 acres; of the six acres. 2.19 acres are owned by Chris Lamb and has
already received a commercial building permit and will be in commercial
use. Mr. Schnyder’s property is in
commercial use as it has been for the last 55 years. Over half of the zoning that is being
requested will be grandfathered in as commercial use. He felt it only made since that the
entire area be zoned with the appropriate zoning and be used for
appropriate local commercial. He
also noted the United Agricultural Products across the street with a total
of about eleven (11) acres being used for commercial.
- Bryan Vaughn – Mr. Vaughn owns
Vaughn’s Auto Service at 4851
Asheville Highway. He is 1 of 7 businesses near the
intersection of Holbert Road. The zoning changed last September and he
has spoken with his neighbors and none were aware of the changes. He thinks the new zoning is CC
(Community Commercial) but feels that RC (Residential Commercial) would
more adequately reflect the C4 in his operations. He was here to petition the Board to
adjust his zoning to RC. (Anthony
Starr stated that this was not part of what was advertised and has not
been part of the consideration. He
was not sure if the Board could take action without proper advertising and
notification and he would follow through).
- Karl & Eva Linn – Mr. Linn spoke
in regards to Amendment 2. Reading
through material he identified that Staff did not support this rezoning
nor did the Technical Review Committee.
The Planning Board voted 7-0 to permit the rezoning. He questioned why preliminary reviews
were held if the Planning Board could go ahead and say that they can make
the change. He was concerned with
the loss of views and open space.
- Brad Schnyder – Mr. Schnyder stated
that Attorney Sam Neill had spoke on his behalf in regards to Amendment
#4. He owns a parcel of land on Sugarloaf Road
in which they have had an operational building for approximately twelve
years. He is a builder and
developer and wants to comply with the zoning rules.
- Jack Spraul – Mr. Spraul spoke in
regards to the proposed rezoning #R-2008-01 commercial map amendment. The Board of Directors of the WolfPen
Condominium I Homeowners Association has been duly elected to represent
the 199 homeowners in WolfPen Condominium 1. At its regular monthly meeting held
this day, the Board of Directors voted 7 to 0 to express its opposition to
the proposed zoning change. While
not particularly enamored with the present R2MH zoning of the area in
question, the Board of Directors believe it is preferable to the proposed
rezoning to Local Commercial (LC).
Restrictions, if any, on what can be developed under the proposed
LC zoning are not readily apparent to the Board of Directors. Not knowing what the owner or developer
will build and/or operate on the involved property convinces the Board of
Directors that the rezoning should not be approved.
- W.N. Fortescue – Mr. Fortescue spoke
in preservation of open space in R40.
When the LDC was passed the conservation subdivision was strictly
prohibited in R40. This was a
personal disappointment for him and a loss for the County. He first became interested in this issue
when the new zoning was proposed and he saw the possibility of preserving
an approximate eighty acre tract with a fifty year old garden of native
and hybrid rhododendrons and azaleas.
He recommended the technique in the conservation subdivision of
grouping together houses on a portion of the land; having the same density
or perhaps a little bit more as an incentive to the developer to do this. With conservation subdivision you could
set aside 50% of that land; preserve it and the land owner would still get
the benefit of the same density without destruction of the land.
Starr replied to a question by Chairman Moyer in regards to Text Amendment
1. He stated that this amendment did
deal with this in a round about way. It
still would not allow a conservation subdivision as we define them in our code
but would allow the residential open space development by a special use
permit. The difference is that one is a
pre-established standard in the R40 district.
Right now they have a forty acre minimum to be able to do that; the
proposed change would eliminate that minimum acreage requirement. The conservation subdivision standards reduce
setbacks and are a little more flexible.
The development in the R40 district would still require a special use
permit from the Board of Adjustment where conservation subdivisions are allowed
- Stefani Oshima – Ms. Oshima owns
property on Hwy 64 East and has proposed a change of zoning from R2MH to
Local Commercial. She lives across
from the Trading Post and the Blue Ridge Humane Society and both
businesses have been operational for at least twenty-five years. This will open up property for the
possible addition of a local store.
This request is Commercial Map Amendment 3.
- Brooks F. Stepp – Mr. Stepp owns
property on Highway 25/Asheville Highway and leases a garage as an
investment at this location. He is
requesting RC Zoning.
Starr stated that any non-conforming use that was permitted before and for some
reason is not permitted now can continue to operate as it has been. The proposed Text Amendment 7 would add motor
vehicles sales and leasing to this community commercial district which that
area is zoned. With that change there
would be very little difference between the community commercial district and
the regional commercial district other than the regional commercial district
would allow your Walmart type developments and the community commercial would
not allow something of that scale; it would still allow retail and a number of
other uses including motor vehicle sales and automotive repair.
- Conway McGee – Mr. McGee
resides at 3362 Sugarloaf
Road directly opposite the Orchard Trace Colf
Course. He was in favor of a
rezoning change from R2MH to LC (Local Commercial) in which Mr. Lamb has
- Flaughn Lamb – Mr. Lamb is
requesting that the Orchard Trace Golf Course be rezoned from R2MH to LC
(Local Commercial). His business
has been there for fifteen years and operates 7 days per week, year round.
- Ellen Fields – Ms. Fields is a
neighbor of the Lamb Golf Course.
She had made a couple of calls and found out that the land as zoned
allows for housing and the golf course.
The LC (Local Commercial) zoning allows for golf courses and
housing. This property is
surrounded by homes that have existed for many years. She heard that this would allow for
manufactured homes. She was afraid
of what might happen years down the road if Mr. Lamb sold the golf
course. Ms. Fields was against the
Starr informed Ms. Fields that manufactured homes are now allowed under the
current zoning but would not be allowed in the LC (Local Commercial) zoning. Both districts do allow golf courses; there
are a number of other business uses that would be allowed with LC that are not
allowed with the current R2MH which allows an average of 1 unit per acre with
no minimum lot size. The LC allows 4
homes per acre.
- John Humphrey – Mr. Humphrey spoke
in opposition of Commercial Map Amendment 4. The subject property in question is a
portion of the land that was developed as Dara Acres about thirty years
ago. There are forty or so lots in
the area and 2 streets that exit out the proposed subject area. He noted that 3 of the lots in the
subject area are part of Dara Acres and are under restricted covenants
prohibiting commercial use. He is
unsure of the reason they are being included. This is a quiet, affordable neighborhood
and they are very much apposed to having a business at the end of their
street that they must go in and out of to get to their homes. Traffic on Sugarloaf Road is getting worse all
the time. The school is not even
open yet and they are having problems already. He gave the Clerk to the Board a
petition from the residents of Dara Acres including twelve signatures.
- Jim Clarke – Mr. Clarke spoke in
favor of Industrial Map Amendment 1.
This is technically owned under the name Sunset Hill Investments,
which is a subsidiary company of Manual Woodworkers and Weavers. Manual Woodworkers and Weavers request
that the Commissioners support the zoning change from LC to
Industrial. This zoning would be
most consistent with their present use of the property; a 200,000 square
foot warehouse. This business has
been a good tax payer for a long time,
they continue to provide several hundred Henderson County jobs, and
the Industrial zoning classification would give them to confidence to
favorably consider a possible future expansion if in the future the
national business climate changed so that an expansion would be
- Andrew Tate – Mr. Tate spoke on
behalf of the Partnership for Economic Development, specifically in
regards to Manual Woodworkers and Weavers which is known at Sunset Hill
Investments and the Warm Company which is listed legally as the John Belue
family. He was speaking and
representing Barry Brown of the Warm Company as well. They are requesting that the Board
approve the Industrial Map Amendment 1 from LC and R2MH to Industrial
zoning. This map amendment has been
supported by Planning Staff, the Technical Review Committee, the Planning
Board, and it is consistent with present use. This map amendment avoids the risk of
spot zoning through the appropriate designation as an industrial
district. This map amendment
encourages confidence in the future of advanced manufacturing in Henderson County. It encourages confidence in decision
makers at both Manual Woodworkers and Weavers and the Warm Company that
their businesses welcome, secure, and position for growth in the
future. Finally this map amendment
puts each Board member in a position to be a catalyst for economic
development, growth, and expansion of quality jobs.
- Chris Lamb – Mr. Lamb spoke in
regards to Amendment 4 on Sugarloaf
He and his brother had discussed, with the school going in, taking Christy Lane
and going across his yard and installing a red light at Sunet Gap while
working with DOT. This should help
with the traffic since it is a bad area.
Starr addressed the Board that these were changes that could be made if the
Board found them to be problematic. Discussion
followed. Chairman Moyer requested that
Mr. Lamb get with Mr. Starr after the meeting to discuss amendments before any
action would be taken.
- Jim Spainhour – Mr. Spainhour was
opposed to Amendment 2 and requested that the Board deny the change. The change requested was from R3 to R2. He doesn’t understand how it would work
with houses built on the side of the mountain when 44% of property has
- Michael Martin – Mr. Martin spoke in
regards to amendment 2. He did not
think there was any opposition to the request. The request was for CC (Community
Commercial); both Staff and the Planning Board recommended LC (Local
Commercial), there is no CC in the area currently.
Commissioner McGrady made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
proposed that rather than taking action at this meeting, staff be asked to go
back and put the ones that have no opposition and bring it back on the consent
agenda. Take the rest separately that
have either a disagreement between the Planning Board and the Staff or we have
heard opposition to and bring them back on the agenda April 7.
Chairman Moyer stated we
would put it all on consent agenda and someone can pull a piece of it if there
was an issue.
questioned how the matters with the manufactured housing would be taken up and
suggested that manufactured housing be placed on a future agenda.
Chairman Moyer stated
that the issues that were raised for the first time at this meeting would be
looked into by the Planning Director Anthony Starr and they will come back with
Commissioner McGrady made the motion that the Board direct
staff to go through the various proposed amendments and changes in the
comprehensive plan and LDC that there have been no disagreement between staff
and the Planning Board or opposition and segregate them from those that there
may have been disagreement or some opposition to and come back at the next
meeting with the idea that those that are non-controversial be placed on the
consent agenda for approval, and those that are in anyway controversial be put
on the regular agenda with the expectation that we might take action on them at
Chairman Moyer asked
Planning Director Anthony Starr to supply this to the Board as soon as possible
so that they would have time to study it.
left the room.
Chairman Moyer stated
that Commissioner Williams had given him his vote on the motion. All
voted in favor and the motion carried.
Commissioner Williams vote counted as affirmative.
Water Line Extension – Cobblestone Village
Chairman Moyer stated
that the next item on the agenda is the Water Line Extension for Cobblestone Village.
He asked staff to lay out the issues and let the people associated have
a chance to speak. The Board could then
decide what the next action would be.
Anthony Starr stated that the Board had received another packet of the same
information from the prior meeting. The
Board approves Water Line Extensions and gives their advice to the City of Hendersonville. The current comprehensive plan identifies the
subject area as being in the rural agriculture area where we would not expect
water and sewer utilities. However, the
Board asked staff several months earlier to consider changes to the growth
management strategies boundaries. The
proposed CCP boundaries would locate the site within the rural urban
transitional area. From a policy
standpoint, in terms of the Boards decision on the boundary adjustment to the
CCP, he felt that may or may not have an affect in the Board’s decision. Most of the water lines extension that is off
site in either case is already in the urban services area.
Chairman Moyer confirmed
that all of the homes would be outside the boundaries and that there will no
homes located in the extension area.
Anthony Starr stated
that this was correct and most of the off site part of the extension is in the
urban services area but it would not serve this site directly; the internal
lines would be what serve the homes. All
the homes would not be in the urban services area. Currently they are in the rural agriculture
area, and if the CCP changes were to be approved it would be in the
stated for record that the purposed extension would take water from the French Broad River basin
and put it into the Broad
Anthony Starr stated
that under state law, if the city exceeds 2 million gallons per day
cumulatively, between water they sell to any extensions they must get approval
from the state. Until then it is just a
local decision for extensions.
Chairman Moyer stated
that he thought there was another subdivision that was approved based on wells
and now it appears that maybe there is not adequate water and the decision was
made to request public water due to the concern of the depths they would have
to go to or whether they would find water at all. When this subdivision was approved it was
approved on the basis that there would be wells and there would be no need for
the County to get involved at all in the provision of water. Now when the issue comes up the County is
brought into the picture on the water side.
Mr. Brian Eli, developer
for Cobblestone Village, stated that it was correct that
at first wells and septic were planned.
Prior to the purchase of the property he has spoken to several of the
locals he was dealing with in purchasing the property and he wanted to make
sure that he didn’t over step his boundaries as far as developing the
property. He was told that most people
preferred wells here and septic and this would not be a problem. The public water system was never
pursued. Most of the lots are 1 to 2
acres in size and this was done in order that the developer did not impact the
area any more than necessary. Once 2 of
the builders had drilled wells 900 to 1000 feet deep and got maybe a half a
gallon a minute, he realized that at this point he couldn’t leave them in a
situation where they had just built this house and can’t get water. He then decided to try to bring city water
into the development. He is paying for
the entire project and will also be providing a lot of services that are not
currently available to that part of the county; Claremont is on an antiquated water system
and the pumps could go down at any time.
Bringing a water system to Cobblestone
Village would solve this problem and
also would provide fire protection for Claremont,
Kingwood, and Pinnacle Mountain
Chairman Moyer felt it
was the consensus of the Board to defer action until April 7 meeting.
Commissioner Messer made the motion to adjourn the meeting
at 8:50 p.m. All voted in favor and the
Teresa L. Wilson, Deputy Clerk to the Board William L. Moyer,