STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                 JULY 10, 2001


The Henderson County Board of Commissioners met for a special called meeting at 4:00 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, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


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



Chairman Moyer called the meeting to order and welcomed those in attendance, stating that the purpose of the meeting was to get various land use issues on the table, take a look at the time schedule for each, and to talk about priorities.



David Nicholson reviewed priorities and timelines for open land use issues and projects.  Staff had prepared a chart to provide the Board with a starting point for discussion and Mr. Nicholson reviewed that chart. 


The chart divides ongoing and future land use projects identified by the Planning Department into projects that are before the Board of Commissioners, projects that are (or will be) before the Planning Board and other projects that Staff anticipates will need attention in the near future or that have been tabled. 


Board of Commissioner Projects


Open Use Zoning (Test Amendment)

Mr. Nicholson stated that there are some things here that staff needs to go back and correct and he asked the Board to omit that item from the chart at this time.


Industrial Zones

The Commissioners had asked the Committee of 100/Chamber of Commerce to identify industrial sites and to review definitions in the Zoning Ordinance. 


The Chamber is working on this and expects to deliver their report it to the Board of Commissioners in September 2001.  Planning Board recommendations on Zoning Map and Text Amendments if open use is revised will be due to the Board in December 2001 and a public hearing would need to be set sometime in January or February of 2002.


Comprehensive County Plan (CCP)

The Commissioners have approved the Goals & Objectives in principle.  A joint meeting with the Steering Committee will need to be scheduled.

Still looking for a consulting firm who will be compatible with County Staff and the Board.  Chairman Moyer stated that he hopes they will be ready with a recommendation on the consulting firm at the next Commissioners= meeting.


The draft CCP will be delivered to the Board in February 2002. 


Mills River/Fletcher Land Use Study

The Board has had presentations on the study and the future land use map.  The study will be considered as part of the CCP.


New Zoning Ordinance

The Board held the first work session on January 9, 2001 to be introduced to draft and start identifying major issues.  The second work session is scheduled for July 11, 2001. 


Approval of draft in principle by Board due by November 2001.


Planning Board Projects


Minor Amendments to Subdivision Ordinance (Driveways & Nonstandard Subdivisions)

Planning Board subcommittee working on this with Staff and hope to have it completed by August 2001.


US Hwy. #25 South Corridor Study

This project is headed toward the Planning Board, not quite there yet.  The Commissioners will communicate with Flat Rock and Hendersonville regarding a joint study and then will give the Planning Board direction.  The idea is that the governing boards will come up with some type of procedure and then ask the planning boards to work together. 


Zoning Map Amendments

These are a couple of big items but the Planning Board is awaiting direction from the Board regarding priorities on Phase I and Phase II.

Phase I

Based on New Zoning Ordinance & Industrial Zones.


Phase I to Planning Board in November 2001 for proposal to Board in February 2002.

Phase II

Based on Comprehensive County Plan (CCP).


Phase II to Planning Board after CCP for proposal to Board in July 2002.


Other Projects

Assistance with NC DOT Thoroughfare Plan

NC DOT needs assistance with projecting future land use patterns.  Delivery expected by NC DOT to Board in January 2002.


Hebron Rd/David Mountain Road Zoning Study

On March 7, 2001, Board delayed further action until Open Use Zoning adopted.

Study of Areas Adjacent to Village of Flat Rock (requested by Flat Rock)

On March 7, 2001, Board delayed further action until Open Use Zoning adopted.


Studies of Other Areas Adjacent to Municipal/ETJ Boundaries and growth areas

Roll into Comprehensive County Plan.


Floodplain Management & Stormwater Management

Changes in programs and possible state regulations warrant study. Mr. Nicholson stated that actions by the General Assembly within the last week may change how we approach the floodway issue.


Stormwater collection is not a function of county government.  A federal list through EPA came out of cities and counties in the State of North Carolina that would be required to do floodplain management and we were not on that list.  Somehow we got added to that list.  The State has chosen to write its own rules and regulations associated with stormwater management.


Chairman Moyer spoke regarding how the pieces will fit together and the overall strategy.  The County Wide Land Use Regulation Guide was adopted in September of 1999. 


In the Plan, the key strategies were:


1.             (a)       Apply open use to all unzoned areas of the county

(2)            Rewrite the Zoning Ordinance

2.             Study municipal boundaries and ETJ area

3.             Study of growth areas and major corridors


Mr. Moyer stated that we need a comprehensive plan and the Board will move forward aggressively with the plan.


Comprehensive County Plan (CCP)

$                The Mills River/Fletcher study will be a part of what goes into the CCP. 

$                The work that=s being done by the municipalities to plan for their area will be part of the CCP

$                The work that=s being done on the thoroughfare plan has to be a key part of the CCP

$                The water and sewer planning that is being done in Mud Creek and in Cane Creek will tie into the effective CCP

$                The schools are looking at the growth they are getting, planning where additional schools and other schools should be located also has to be part of the CCP

$                All the work that the group ADesigning Our Future@ has done will be another meaningful part of the CCP


All these pieces, which are so critical to having an effective county-wide comprehensive plan will all be coming together towards the end of the year and the beginning of next year.  There will obviously have to be a number of hearings to get the public=s input.  There continue to be pieces that will require a lot of work: economic development, what to do with the tourism industry and the agriculture industry.  These are important pieces that will be critical to a good comprehensive plan.



Angela Beeker informed the Board for the need to clean-up two issues associated with the Open Use District:


Issue I              Whether the temporary use amendments which were inadvertently omitted should be added back to the Zoning Ordinance?  Does the Board want to provide for temporary use permits for isolated racing events?


Following discussion it was the consensus of the Board to add:


4.               ANo temporary use permit may be granted in the OU district for any regulated use except for the following uses: (1) asphalt plants, (2) concrete plants, and (3) chip mills.  In such instances the Zoning Board of Adjustment may impose as a condition of the temporary use permit any specific site standards listed for the regulated use necessary to make the temporary use comply with the general site standards listed for special use permits.@


The Board also wanted there to be a possibility for someone to hold an isolated racing event.

It was the Board=s decision to add the two of these together, advertise, and hold a public hearing on both changes at one time.


Ms. Beeker mentioned one other amendment, besides the two temporary use amendments as follows:


Issue II Whether uses built after the effective date of the Open Use District, that are of the same type as the regulated uses but which do not trigger the definition, and that later expand, are entirely subject to the Open Use regulations, or is just the expansion subject to the regulations?  Do after occurring events affect their ability to expand?


1.               ASubsequent Events.  Events occurring subsequent to the date of an application for a special use permit for those uses in the OU District requiring such permit, including but not limited to the location of a healthcare facility or school within the state separation or a change in the residential density, shall not operate to invalidate the permit or affect the ability of the use to alter or expand its facilities or operations.  In addition, development occurring around a preexisting use will not affect the ability of such use to alter or expand its facilities or operations.@ 


Following discussion of AI@ above, the Board felt that this was what they wanted included.  Ms. Beeker explained that there is no language in AI@ relating to preexisting uses and she asked if the Board wanted there to be language added.  Staff had inadvertently omitted that particular provision and the Board wished it to be added back.


Staff asked also to bring forth typographical errors at the same time the public hearings are held.



Ms. Beeker stated that currently the Zoning Ordinance requires that a member of each zoning area be appointed to the Zoning Board of Adjustment.  Before open use zoning we did not have county-wide zoning, having more than one zoning area.  With the adoption of open use, that has become a moot point.  Staff had proposed some language to give the Board more options in these appointments.  Staff included a new Section 200-65 that would allow the Board to appoint Zoning Board of Adjustment members and alternates from any area of the county but allows the Board the discretion, if at some point in the future they wished to establish some sort of representative district, they could do so.


It was the consensus of the Board to use the generic plan now, as we go through this transition.  Staff will add this to the list of amendments.



Karen Smith explained that the map in the packet is an update to the one the Board had received previously.  The Planning Board did take action at their last meeting on the three little white areas discussed previously.  The map is now complete and can take the place of the earlier distributed map.



by Robert Bayless

David Nicholson reminded the Board that Robert Bayless, who submitted Rezoning Application R-01-02, withdrew his application on Thursday, July 5, 2001.  At its July 2, 2001 meeting, the Board of Commissioners scheduled a public hearing on Application R-01-02 for August 6, 2001.  As a public hearing is no longer necessary, Staff recommended that the Board of Commissioners cancel the August 6, 2001 public hearing.


Commissioner Hawkins made the motion to cancel the public hearing as recommended by staff.  All voted in favor and the motion carried.



Commissioner Hawkins made the motion for the Board to adjourn at 5:16 p.m. All voted in favor and the motion carried.





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