STATE OF NORTH CAROLINA                                                   BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                             MARCH 29, 2001


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 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, and Clerk to the Board Elizabeth W. Corn.


Also present were: Assistant County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith, and Public Information Officer Chris S. Coulson.



Chairman Moyer called the meeting to order and welcomed those in attendance. The purpose of this meeting was a Public Hearing on the Open Use Zoning District Regulations. 


He explained as a little bit of history of this item, back on September 7 of 1999 the Commissioners adopted a Countywide Land Use Regulation Guide.  There were several key components of that Guide, one of which was the implementation of an Open Use District.  The Board will receive public input on that District tonight.  A second phase of it was a rewrite and adoption of a new Zoning Ordinance.  Other component parts were to study the areas adjacent to municipal boundaries and study the growth areas and major corridors, all as part of the Land Use and County Planning Study, of which many aspects are going on.  Since that time the Commissioners have also begun the process of completely rewriting the County=s 1993 Comprehensive Land Use Plan, which will cover the entire county.  Chairman Moyer stated that the Open Use District is not a stand-alone item.  It is part of an overall plan and is one of the first steps of an overall plan.  Many of the other pieces of the plan are moving along at the same time, the Zoning Ordinance rewrite is underway, we are studying the areas around the municipal boundaries, and we are studying the growth areas and the major corridors, particularly in the Mills River and the Fletcher areas at this time.


Chairman Moyer stated that the Open Use District Regulations is a draft document.  A summary is available for public inspection at several locations as well as at this meeting. At the back of the packet are two maps, one encompasses the entire county and the second encompasses the areas of growth, corridors, etc. Discussion is still underway of how much of the county to zone as Open Use. Chairman Moyer stated that there will be at least six public sessions before any action will be taken by the Board on this draft. The Commissioners have planned to have two work sessions on this item prior to taking action.


The Board is interested in things like:

Is this too much regulation for your area, if so what is objectionable to you?

Which regulated uses would you like to see unregulated?

If it is not enough regulation, what is lacking?  What has the Board missed?

What additional uses would you like to see regulated?


Chairman Moyer stated that comments will be limited to the Open Use District, the text and the maps.  He will not allow a general discussion of zoning at this time.  Each speaker will be limited to a maximum of three minutes.  The Board will welcome any written comments and they will be distributed to all the Commissioners. 


Public Input

1. Tommie W. McCraw - Mr. McCraw asked what would be added to what is proposed currently.  He was told that it would depend in part on what input the Board receives from the citizens.


2. Allen Smith - Mr. Smith was present representing the League of Property Owners, stated that more definition was needed on what constitutes heavy industry.  In addition to the uses in the draft, they would like to see others added.  He asked if anyone has successfully tried Open Use? He stated that there needed to be specific residential densities in the draft (not one standard density) as well as specific notification to others in the area.


3. Stan Kumor - Mr. Kumor distributed a one page typed statement, which he then read.  He stated that noise mitigation should have definitive guidelines for enforcement.  He felt that odor mitigation should be included.  One Enterprise Category not included is large scale livestock operations that may want to relocate to Henderson County; an example being a Hog Farm.  He stated that residential density requirements for heavy and dirty industries are essential for this type of open use district.   He pointed out that unless our county adopts a Flood Plain Ordinance, we are permitting unrestricted development for which there may be many unintended consequences.  He stated AWe owe those that will be victimized under the banner of some one else=s private property rights the ability to purchase flood plain insurance.@  He recommended that all unzoned areas be designated Open Use: Map 1 of 2 in the public information packet (summary of Open Use District Regulations).                                                    


4. Janet Stewart - Ms. Stewart stated that the only item that she sees in the Open Use Plan that has any teeth is the density of population.  She asked that everyone in the room who lives within one mile of the proposed asphalt plant to raise their hand, many hands went up.  Ms. Stewart then stated AAll these people and the hundreds more are the sacrificial lambs for this Land Use Plan as is three honorable gentlemen that have been ousted off boards and committees: Chuck McGrady, Jack Beatty, and Jack Reed.  I will use the remainder of my time in memory of all these sacrificial lambs for this plan. -------------------s i l e n c e ------------------------------------------- Do not remove the density population from this plan, thank you.@


Chairman=s Statement

Chairman Moyer announced that there will be no more of somebody coming to the podium and just standing and not speaking.  We=re here to receive public input and he asked that the time be used for speaking.  Everyone who wishes to speak should be given the opportunity during this time.

5. Matt Matteson - Mr. Matteson spoke specifically to the text of the proposed open use zoning district.  He stated that there are 12 regulated uses but only 4 have a specific 2 mile separation from schools, why not for all?  Why 2 mile, why not 1 mile? Of our 22 schools in Henderson County, exactly one half of them are in unzoned, unprotected areas as we speak: Etowah Elementary, Dana, Edneyville, Upward, Mills River, Marlow, the new Fletcher Elementary, new Clear Creek, Apple Valley Middle, North Henderson High School, Tuxedo Alternative School and Blue Ridge Community College whose northern boundary is unzoned and unprotected.  He stated AWe don=t need our schools to compete with incompatible land uses and we need to protect that environment... We are all owners of school properties and we have hundreds of millions of dollars investment and we need to have a higher standard for school property.  No on the no zoning.  No on the Open Use.  Yes for community based planning with traditional zoning.@


6. Martha Sachs - Ms. Sachs stated that she agreed with everything that Stan Kumor said so she would not repeat it. She spoke to buffers not being sufficient.  She also stated that the Board of Commissioners should carry out the will of the majority of the people, not of a few people.


7. Margo Nagel was not present when her name was called.  Chairman Moyer stated that we would call her name again later.


8. Charles R. Mason - Mr. Mason stated that he strongly supports the proposed open use regulations, stating it is a good first step. He stated that it is not strong enough.  He stated that the density must not be diluted, if anything strengthen it.


9. Robert R. Wilson - Mr. Wilson thanked the Board for taking up this open use planning.  He questioned the hours of operation, asking what would be going on at a plant during hours of operation.  He felt that the residential density should be changed to 5 miles.  He stated that he would much rather live by an arterial road any day than live within two miles of an asphalt plant.


10. Dr. David L. Bayless - Dr. Bayless lives in the Stoney Mountain Subdivision.  He names numerous things that he has done in the past to help Henderson County.  He stated that his family started this open use land use mission some 30 years ago...  He supports Open Use as a first step.


11. Dave Doggin - Mr. Doggin applauded the Commissioners for taking this step, stating that it was not an easy one.  He spoke to several issues, stating there were not enough in the proposed draft:


noise mitigation


He felt that there needs to be more specificity.


12. Phil Anderson - Mr. Anderson gave personal comments, not on behalf of CCRG.  He asked of Mr. Nicholson=s presentation in the information part of the meeting at 6:30 - AIs the horse out of the barn in regards to the asphalt plant?@


Again Margo Nagel=s name was called but she was not present.

Chairman Moyer asked if anyone else wished to speak, who had not already signed up.


13. Jack Reed - Mr. Reed felt that the distance from a health care facility (for older people) was not enough from industry that generates pollution.


Chairman Moyer said ACertainly if you would be willing, if you want to jot down the various uses and how far you think they should be, we would be certainly pleased to take that into consideration.@    Mr. Reed stated that he would be glad to do so.


14. Bert Lemkes - Mr. Lemkes questioned the definition of heavy industry in the draft document.


15. Philip Stanley - Mr. Stanley is a resident of Mills River.  He questioned whether adult establishments were allowed or prohibited and just what constitutes adult establishments?  


Jennifer Jackson stated that Adult establishments (strip clubs, adult book stores and adult video stores) would be prohibited in Open Use.  I-2 (General Industrial) and C-4 (Highway Commercial) are the only districts where they would be allowed under the current draft.


There was no-one else who wished to speak.  Chairman Moyer thanked those in attendance for coming and asked them to help get the word out that the Board would like to get more input.


As there was no further business to come before the Board, Commissioner Hawkins made the motion to adjourn the meeting at approximately 7:50 p.m.  All voted in favor and the motion carried. 







Elizabeth W. Corn, Clerk to the Board                        William L. Moyer, Chairman