MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a special called meeting at
Those present were:
Chairman Bill Moyer, Vice-Chairman Charlie Messer, Commissioner Larry
Young, Commissioner Shannon Baldwin, Commissioner Chuck McGrady, County Manager
David E. Nicholson, Assistant County Manager
Also present were: Planning Director Karen C. Smith, Planner
Autumn Radcliff, Planner Anthony Prinz, Public Information Officer Chris S.
Coulson and Development and Enforcement Services Director Toby Linville.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order at approx. 6:05 p.m. and welcomed all in attendance. He requested
Karen Smith begin with an overview of the area. The Board would then take the
map section by section, look at the properties in the various areas and take
action where appropriate.
REZONING ACTION #R-05-01, THE
Karen
Smith briefly reviewed the information provided for the Boards consideration
which consisted of a Staff memo, a list of the sixty nine (69) contested
parcels, a map showing the contested parcels without any other zoning, zoning
map amendments adopted by the Board on May 9, 2005, and a current zoning map as
of May 9, 2005.
Ms.
Smith noted that the list of 69 contested parcels was compiled from various
lists that the Board had previously seen, letters received, and comments
received during public input sessions and Planning Board sessions. Some of the
listed parcels may no longer be contested, however if individuals had not
specifically indicated that they were satisfied, the property remained on the
list.
Ms.
Smith referred the Board to the map showing the contested parcels without any
other zoning. She stated that Staff would begin with the properties in Inset 1,
then proceed to Inset 2, Inset 3, and then would cover properties going from
south to north. During the course of the meeting Ms. Smith provided the Board
with some background and answered a variety of questions from the Board. The
Board also asked questions from various members of the audience, and had
discussion amongst themselves. Actions were taken by the following motions.
Chairman Moyer made the
motion that parcels 46, 66, 67, 68, and the depth of 300 feet of parcels 15, 13
and all of 14 be rezoned as C-4. Following discussion about where the 300 feet
would begin and the width of the right-of-way on Highway 25, it was the
consensus of the Board to have the 300 feet begin at the edge of the
right-of-way. A vote was taken on the
motion. The motion carried 3-2 with Commissioner Baldwin and Commissioner
McGrady voting in opposition.
Commissioner McGrady
made the motion that parcels 57, 8, 7, 58, 43, and the depth of 300 feet of
parcels 40, 41 and 42 be rezoned C-2 with the remainder of those three parcels
being zoned R-15. The motion failed 3-2 with Chairman Moyer and Commissioner
McGrady voting in favor.
Commissioner Messer made
the motion that parcels 57, 8, 7, 58, 43 be rezoned C-4, and the depth of 300
feet of parcels 40, 41 and 42 be rezoned C-2 with the remainder of those three
parcels being zoned R-15. The motion carried 3-2 with Commissioner Baldwin and
Commissioner McGrady voting in opposition.
With
regard to Chairman Moyer’s motion on parcels 13, 14, and 15, Karen Smith
questioned what the zoning would be behind the 300 feet. Going back to the
first motion, Chairman Moyer made the
motion that the property in parcels 13 and 15 beyond the 300 foot mark remain
zoned RC. All voted in favor and the motion carried.
Chairman Moyer made the
motion to rezone parcels 17, 48, and the small portion of 13 on the west side
of Highway 25 C-4, and leave 16 and 47 as R-15. The motion carried 3-2 with
Commissioner Baldwin and Commissioner McGrady voting in opposition.
Commissioner McGrady
made the motion to accept the Planning Board’s recommendation on all the
parcels in Inset 2.
Following discussion, Commissioner
McGrady amended his motion to accept the Planning Board’s recommendations and
rezone parcels 18, 65 and 37 to C-2P, and 25, 26, 62, 63 and 64 to C-2. The
motion carried 4-1 with Commissioner Baldwin voting in opposition.
Commissioner Young made
the motion that the depth of 300 feet of parcels 23 and 24 be zoned C-4 with
the remainder of those two properties being zoned O&I. Following discussion,
Commissioner Young withdrew his motion.
Commissioner Messer made
the motion that parcels 23, 24, 35, 60 and 59 be zoned C-4 as required in the
previous motions. The motion failed 3-2 with Commissioner Messer and
Commissioner Young voting in favor.
Commissioner McGrady
made the motion to follow the Planning Board’s recommendation and zone parcel
23 C-2P and parcel 24 O&I. The motion failed 3-2 with Chairman Moyer and Commissioner
McGrady voting in favor.
Commissioner McGrady
made the motion that parcels 12, 19, 53 and 54 be rezoned consistent with the
Planning Board’s recommendation of C-2P. The motion failed 3-2 with Chairman
Moyer and Commissioner McGrady voting in favor.
Commissioner Messer made
the motion that parcels 12, 19, 53 and 54 be zoned C-4 within 300 feet from the
right-of-way. The motion failed 3-2 with Commissioner Messer and Commissioner
Young voting in favor.
Chairman Moyer made the
motion to adopt the Planning Board’s recommendation and zone all parcels within
Inset 3 as R-15. All voted in favor and the motion carried. The parcels contained it
Inset 3 were: 2, 3, 52, 69, 33, 34, 28, 30, 27, 29, 11, 51, 31, 49, 44 and 45.
Commissioner Messer made
the motion that parcels 9 and 56 be zoned I-2. The motion carried 3-2 with Commissioner
Baldwin and Commissioner McGrady voting in opposition.
Commissioner McGrady
made the motion that parcel 36 be zoned RC. The motion carried 4-1 with
Commissioner Baldwin voting in opposition.
Commissioner McGrady
made the motion that parcel 32 be rezoned consistent with the Planning Board’s
recommendation which split the parcel into C-4 and RC zoning. The motion
carried 4-1 with Commissioner Baldwin voting in opposition.
Commissioner Messer made
the motion that the depth of 300 feet of parcels 1 and 21 be zoned C-4 with the
remainder of property on parcel 21, and parcel 22 zoned RC. The motion carried
4-1 with Commissioner Baldwin voting in opposition.
Commissioner McGrady
made the motion that parcel 55 be zoned C-4. The motion carried 4-1 with
Commissioner Baldwin voting in opposition.
Commissioner
McGrady made the motion that parcels 4, 6, 5 and 20 be zoned R-15 as consistent
with the Planning Board’s recommendation. All voted in favor and the motion
carried.
Commissioner
McGrady made the motion that parcel 50 be zoned T-15 as consistent with the
Planning Board’s recommendation. All voted in favor and the motion carried.
Commissioner Baldwin made the motion
that parcel 10 be zoned I-1. All voted in favor and the motion carried.
Chairman Moyer made the
motion that parcels 12, 19 and 53 be rezoned C-2. Following discussion,
Chairman Moyer amended his motion to zone parcels 12 and 19 C-2, and to consider
parcels 53 and 54 together, and zone the depth of 300 feet as C-2. The motion
failed 3-2 with Chairman Moyer and Commissioner Young voting in favor.
Chairman Moyer made the
motion that parcels 12, 19, 53, 54, 38 and 39 be rezoned as C-2P, consistent with
the Planning Board’s recommendation. The motion carried 3-2 with Commissioner
Baldwin and Commissioner Messer voting in opposition.
Chairman Moyer made the
motion that parcels 23, 24 and 35 be rezoned C-2. Following discussion,
Chairman Moyer amended his motion to rezone parcels 23 and 24 as C-2. The
motion failed 4-1 with Chairman Moyer voting in favor.
Commissioner Messer made
the motion that parcel 24 be zoned C-4, and parcels 23 and 35 be zoned C-2P as
consistent with the Planning Board’s recommendation. The motion carried 4-1
with Commissioner Baldwin voting in opposition.
Commissioner McGrady
made the motion that parcel 61 be rezoned C-2. The motion carried 4-1 with
Commissioner Baldwin voting in opposition.
Commissioner Young made
the motion that parcels 59 and 60 be rezoned C-2. The motion carried 3-2 with
Commissioner Baldwin and Commissioner McGrady voting in opposition.
Ed
Groce requested that since the Board had zoned parcels 59 and 60 as C-2, they
reconsider zoning parcel 35 as C-2. It was the consensus of the Board not to
reopen discussion on that parcel.
Chairman
Moyer thanked Staff for their work on the matter, stating they had done a
tremendous job.
Adjourn
Commissioner McGrady
made the motion to adjourn the meeting at 8:25 p.m. All voted in favor and the motion carried.
Attest:
Amy
R. Brantley, Deputy Clerk to the Board William
L. Moyer, Chairman