STATE OF NORTH CAROLINA                                       BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                               APRIL 19, 2001


The Henderson County Board of Commissioners met for a special called meeting at 7:00 p.m. in the Cafeteria of the Glenn C. Marlow Elementary School in Mills River, North Carolina.


Those present were:  Chairman Bill Moyer, Vice‑Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Charles Messer, County Manager David Nicholson.


Also present were Planning Director Karen Smith and Assistant County Attorney Jennifer Jackson.


Absent was Clerk to the Board Elizabeth W. Corn.


Chairman Bill Moyer stated that this meeting is the last of the five public input sessions that the Commissioners have held throughout the County on the issue of Open Use zoning and thanked those citizens in attendance.  Chairman Moyer then stated that he thought he could give each person at least five minutes to speak or ask questions.  The Board will welcome any written comments which will be distributed to all Commissioners.




1. Joe Pafford ‑ He and his wife have lived in Grimesdale for the past 5 years.  The Board is not doing their job of protecting the people.  He is disappointed on the dismissal of Jack Reed and Chuck McGrady.  Every person that he has talked to about them have indicated satisfaction with their performance.


Chairman Moyer remind Mr. Pafford that the subject of discussion tonight was the Open Use proposal.


Mr. Pafford said that he does support Open Use regulation but doesn't think it is enough regulation. The residential density in 1 mile should be reduced to 100 dwellings in that area and certainly not be eliminated.


2. Jack Reed   How is the County able to prohibit adult establishments and hazardous/radioactive waste disposal facilities.


Bill Moyer stated that adult establishments are only prohibited in Open Use. Jennifer Jackson stated that they are allowed in the C‑4, Highway Commercial, and I‑2, General Industrial, districts.  Ms. Jackson also discussed that hazardous and radioactive waste disposal facilities are prohibitied in all areas of the County under the proposal but that the State can preempt the County's regulation and grant permission to those facilities to locate in Henderson County.


Mr. Reed stated that the hours of operation for principal operation between 7 am and 11 pm seems too permissive given other operations can occur in off hours.  He doesn't want a Solid Waste Facility without a separation requirement. Is concerned that there are no stated minimum for separation for incinerators.  Wants 1 mile separation from healthcare facilities for asphalt plants and slaughtering plant.  Mr. Reed then asked when the deadline for submission of written comments was.


Chairman Moyer said that written comments couldn't be considered after the May 15, 2001 public hearing but that he was hoping that they would be in prior to the BOC's worksessions next week. 


Mr. Reed made the comment that some of the standards looked arbitrary.  Have we gone to other counties to get input on this type of zoning


Chairman Moyer said that as far as we know there are no other counties that are doing something substantially similar to this type of zoning. Other counties are actually watching what Henderson County is doing.


3. Lance Siebel ‑ no comment


4. Carolyn Mason  Very much interested in the regulation.  She is for land use planning and would like to see many things much stricter, especially the density standard.  Some development is hurting the subdivisions. She recognizes that our County needs progress but wants to see it grow in a good, clean pattern.  Industry needs to be concentrated so that it doesn't effect subdivisions. She lives in a good neighborhood with good neighbors and hates what they have had to go through with the asphalt plant and wants to protect the other subdivisions from those type uses.


5. Chuck Mason ‑ He has read the document very carefully and sees nothing in it that anyone should seriously object to.  Only those people that want to put in a prohibited use should be really concerned.  If you made an Industrial district you could prohibit them in Open Use district.  The real teeth are the separation and density.  People that want to sell property to people that want to develop a prohibited use are the ones concerned.  Wants the Board to remember that they should be guided by the greatest good for the greatest number.


6. Polly Orr  47 Starlight Lane.  She wants zoning and protection.  She doesn't think it goes far enough but if it's all that they can get she will take it.


Chairman Moyer noted that this is just a first step and that it will be followed up with study of the growth areas and corridors.  To do a good zoning study takes time and Open Use is meant to provide a basic level of protection while those studies are going on.  This Board is committed to doing it right so it will take some time.


7. Allen Smith ‑‑  These are his personal comments not on behalf of the League of Property Owners. The definitions need work.  The trigger for chip mills is too high (it allows 300 tons per day which is probably 30 truck loads a day without regulations). They should be defined on a daily or monthly basis not on an annual basis.  The acreage is too high for the trigger for amusement parks, it should be lowered.  The trigger is too high for slaughtering plants ‑ the number of animals killed each month is too high ‑ should be lowered.  Need to add a standard of neighbor notification ‑ Should have notification to all residents within a mile radius or some other range ‑ more than just the notification of adjacent owners.


Chairman Moyer asked if there was any further public input session or questions and there being none asked if there was a motion to adjourn.  Commissioner Gordon moved that the meeting be adjourned at approximately 7:45 p.m. All voted in favor and the motion carried.





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