MARCH 29, 1999


The Henderson County Board of Commissioners met for a special-called meeting on Monday, March 29, 1999 at 5:00 pm in the Commissioners= Conference Room 140 at 100 North King Street. Present were: Chairman Grady Hawkins, Vice-Chair Bill Moyer, Commissioner Marilyn Gordon, Commissioner Renee Kumor, Commissioner Don Ward, County Manager David E. Nicholson, Assistant County Manager Angela S. Beeker, and Acting Clerk to the Board, Avalina B. Merrill. County staff present were: Planning Director Matt Matteson, Planner Karen Collins, Zoning Administrator Susanne Vernon and Staff Attorney Jennifer Jackson.

Absent were County Attorney Don Elkins and Clerk to the Board, Elizabeth W. Corn.

Chairman Hawkins called the meeting to order and welcomed all in attendance. He reminded the Board the purpose of this meeting was to conduct a public hearing and work session on the proposed Manufactured Home Park Ordinance. Commissioner Kumor made a motion to go into the public hearing. The motion was seconded by Commissioner Moyer and the motion carried.

Chairman Hawkins asked Planning staff to proceed with the public hearing. Planner Karen Collins introduced the proposed Manufactured Home Park Ordinance. Ms. Collins informed the Board this Ordinance was recommended by the Planning Board unanimously (7 to 0) on February 23, 1999 and stated the public hearing was properly advertised in the Times-News as required by General Statute. Ms. Collins reminded the Board they directed staff to revisit the Aworking draft@ of the Ordinance to address some issues of concern. She stated issues raised by Commissioners, the Planning Board and a park developer were addressed in the revisions. Ms. Collins summarized the revisions as follows:

  1. Mobile Homes (Section 200.18). The Planning Board decided to keep the definition of Amobile home,@ which refers to units built prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (which became effective June 15, 1976). Of the approximately 10,000 manufactured homes in the County, about 25% of them are Apre-1976" units. The Tax Assessor=s office estimates that approximately 1,254 pre-1976 units are located in manufactured home parks and another 1,251 are sited on individual lots.
  2. Common Area (Sections 200.07 and 403). The Planning Board deleted the phrase Aas well as lands and water bodies in their natural state@ from Sections 200.207 and 403 to insure that common area was usable.
  3. Development in the 100-Year Flood plain (not addressed in drafts). Based on comments by the Board of Commissioners regarding the possibility of addressing the issue of development in flood plains in another manner, the Planning Board did not add any language regarding flood plains to the draft.
  4. Buffers (section 404). On February 23, 1999, the Planning Board discussed different types of buffers and their purpose. Planning Staff presented three options for buffering: (a) a complete visual screen; (b) a partial visual screen and (c) perimeter and interior landscaping. The Planning Board determined that the intent of the buffer in the draft ordinance should be to separate different densities of land use, not to completely hide anything from view. Therefore, the members selected the Apartial visual screen@ planted buffer option. That option had been included in the proposed draft. In addition, the Planning Board changed a requirement which stated that the buffer for the entire park had to be installed prior to issuance of a Certificate of Completion (COC) for the park or a phase. That revision allowed the buffer installation to be phased as well.
  5. Fire Protection (Section 407). The Planning Board did not make any changes to Section 407. The members felt that the draft ordinance itself gave the Fire Marshal the authority to approve dry hydrants, access roads and easements. The proposed Subdivision Ordinance provides similar authority.
  6. Storm Water Control (Section 410). The Planning Board clarified Section 410 by rearranging some sentences and changing a few words.
  7. Sewage Service Connection and Spaces (Sections 200.27 and 500.03b). This item had to do with determining if spaces existed prior to the adoption of an ordinance. It would affect existing parks with vacant spaces rather than new parks. On January 4, 1999, the Board of Commissioners made an interpretation regarding the moratorium on manufactured home parks and stated that securing an improvements permit from the Henderson County Department of Public Health was the equivalent of a sewer connection for determining the existence of a manufactured home park space. The Planning Board decided to leave the definition of Aspace@ in the proposed Manufactured Home Park Ordinance as it appeared in the Aworking draft@ and not mention improvements permits because only two of the three utility connections (water, sewer and electric) are required to establish a space.
  8. Site Improvements (Section 302.02). The Planning Board decided to require the completion of certain site improvements, namely parking areas, driveways and common solid waste facilities, within forty-five (45) days of issuance of a COC. The previous draft did not require completion of such improvements for a COC.
  9. Ms. Collins further informed the Commissioners that the Planning Board decided to continue its discussion of proposed companion amendments to the Zoning Ordinance. Those amendments would bring the requirements for manufactured home parks in that Ordinance in line with those proposed in the Manufactured Home Park Ordinance. She told the Commissioners that the Planning Board and staff were working on some of the appendices to the proposed Manufactured Home Park Ordinance and summarized those as: Site Development Plan Requirements; Plant List for Buffers; Buffer Sketches; Examples of Manufactured Home Park Expansions; Construction Permit Application Form; Certificate of Completion Application Form; Variance Application Form; and Fee Schedule.

    Chairman Hawkins continued the public hearing. Individuals who had signed up at the beginning of the public hearing to address the Board about the proposed Manufactured Home Park Ordinance were permitted to speak. That roster included the following:

  10. Harry T. Rogers, 130 Greystone Drive, Hendersonville, NC - Mr. Rogers is the President of the Manufactured Home Owners Association. He expressed concern about the requirements for Certificate of Completion.
  11. Jack Marshall, 306 Happy Lane, Hendersonville, NC-Mr. Marshall stated he did not wish to address the Board. He had signed the roster believing it was an attendance register for the public hearing.
  12. Anton Laub, 302 Happy Lane, Hendersonville, NC-Mr. Laub stated he too signed up believing he was registering as attending the public hearing.
  13. Paul Prosky, 75 Zeb Corn Road, Hendersonville, NC-Mr. Prosky is the owner/developer of White Oak Park and the President of WNC Manufactured Housing Association. He stated that he was pleased with the proposed Ordinance overall and applauded the Planning Board for permitting input from developers. Mr. Prosky expressed some concerns about the section, Completion of Improvements. Concerns addressed by Mr. Prosky included time restrictions, buffer requirements and penalties.
  14. Chairman Hawkins inquired of Mr. Prosky as to what time limits he felt should be appropriate for completion of improvements. Mr. Prosky stated he felt no time limit should be imposed on a construction permit.

  15. Chris Sinclair, Raleigh, NC-Mr. Sinclair is a lobbist for the North Carolina Manufactured Housing Institute in Raleigh. He applauded the Ordinance overall but stated he felt the penalties were too stiff for the developer and would stifle growth and new development of much needed manufactured home parks in the County.
  16. Jim Clayton, Hooper=s Creek Community, Fletcher, NC-Mr. Clayton stated he was not opposed to manufactured home parks in general but he was opposed to the density within some of the proposed parks. He is a resident in the proposed extra territorial jurisdiction for the Town of Fletcher and is very concerned about the proposed mobile home parks on Jackson Road. Mr. Clayton urged the Board to reconsider the limit of homes permitted per acreage to better accommodate the community as well as the tenants.

Some of the Commissioners expressed concerns about some sections of the Ordinance. Chairman Hawkins reminded them that Planning Staff could address those concerns during the work session at the close of the public hearing. Chairman Hawkins asked if others in the audience wished to address the Board on the proposed Ordinance. Kurt Hume, a resident of Dana Hill Park, encouraged the Board to consider relaxing some of the regulations on the developer of such parks so that future expansion of current parks, such as Dana Hill Park, could continue. Mr. Hume stated that retirees and other residents of the County need affordable housing and manufactured housing is one way to satisfy that need.

Chairman Hawkins made a motion to conclude the public hearing at 5:45 pm. All voted in favor and the motion carried.

At approximately 5:55 pm, Chairman Hawkins reconvened the meeting and began the work session on the proposed Manufactured Home Park Ordinance. Planning Staff and Staff Attorney Jennifer Jackson joined the Commissioners at the meeting table to continue discussion on the Ordinance.

As the discussion continued on the Ordinance, Commissioners directed staff to revisit some areas of the Ordinance and make some revisions to better accommodate both the developer and tenants. One of the revisions the Board directed staff to include was a provision under the Certificate of Completion to be all inclusive of what the developer needs to make complete application. Commissioner Ward wanted revisions made to the Ordinance to address migrant parks or seasonal parks such as recreational vehicle parks. Mr. Ward wanted regulations incorporated that would protect the migrant worker but would also accommodate the farmer with affordable housing for the laborers. The Board also discussed a limitation on the number of pre-1976 units within new parks. The Board directed staff and the Planning Board to incorporate language on seasonal housing and to incorporate other revisions as directed and bring the Ordinance back to the Board for their consideration at their regularly scheduled meeting on 4/5/99.

Chairman Hawkins adjourned the work session at 7:10 pm.

Grady Hawkins, Chairman

Henderson County

Board of Commissioners




Avalina B. Merrill

Acting Clerk