MINUTES
HENDERSON COUNTY PLANNING BOARD
January 15, 2002
The Henderson
County Planning Board met for its regular meeting on Tuesday, January 15, 2002,
at 7:00 p.m. in the Land Development Building, 101 East Allen Street,
Hendersonville, NC. Board members
present were Tedd Pearce, Chairman,
Walter Carpenter, Jack Lynch, Valerie Welbourn, Mike Cooper, Rebecca Nesbitt
and Leon Allison. Others present
included Karen C. Smith, Planning Director, Melissa Peagler, Planner, Josh
Freeman, Planner, Daniel Gurley, Zoning Administrator and Kathleen Scanlan
Secretary. Absent members were Todd
Thompson and Roger Wolff.
Approval of Minutes. Chairman Pearce presided over the meeting
and called the meeting to order. He
asked for the approval of the December 18, 2001 minutes. He stated that there was one grammatical
error that had been discussed with the Secretary for correction. Chairman Pearce made a motion to approve the
minutes subject to the correction mentioned and Jack Lynch seconded the
motion. All members voted in favor.
Adjustment of Agenda. Ms.
Smith stated that there are two additional items for discussion. The first item is a proposed amendment to
the December 18, 2001 minutes. The
second item is a request for a variance from Jon Laughter, which is related to
the first item regarding the amendment of the minutes. Chairman Pearce stated that they would be
discussed after Item 7.
Staff Reports. Ms.
Smith informed the Board members that the Board of Commissioners have scheduled
the hearings on the three zoning applications that were sent forward at
December 18, 2001 Planning Board meeting.
The Commissioners have scheduled public hearings for all three on
February 4, 2002 at 7:00 p.m.
OLD
BUSINESS:
Mills River Village Phase II B (02-M1) – Revised Master Plan
and Phase II B Development Plan (27 lots off NC 191) – Steve Waggoner, Agent
for JMS Builders and Developers, Inc., Property Owner. Ms. Peagler stated that Mills
River Village would consist of 85 residential lots on an approximate 48.4-acre
tract of land. A total of 58 lots have been platted located in Phase I and
Phase IIA. Phase IIB will consist of 27
residential lots. Mills River Village
is located in a Watershed III District and falls under the cluster development
provision in the Watershed Ordinance. The subdivision was previously approved
but because of the change in the amount of open natural space not subject to
development and the lapse of time since approval, Staff required that the
developer resubmit Phase IIB. Water
will be provided by the City of Hendersonville and a community sewer system
will be used but will be converted to County sewer eventually. The property is located in the Open Use
zoning district. She stated that Staff
has reviewed the Master Plan and the Development Plan for conformance with the
Henderson County Subdivision Ordinance and there were no comments for the
Master Plan as all requirements have been satisfied.
Ms. Peagler stated that regarding the Development Plan the following are
contingent on
approval:
1. Watershed District – The Watershed
District needs to be changed to state the property is located in Watershed III
instead of Watershed IV.
2. Soil Erosion and Sedimentation Control
– The Applicant should submit notice from NCDENR that a soil erosion and
sedimentation control plan has been received or provide documentation that no
plan is required prior to beginning construction (HCSO 170-19).
3. Farmland Preservation District –
This property appears to be within 1/2 mile of a Farmland Preservation district. Therefore, the applicant needs to submit an
Affidavit of Understanding of Farmland Preservation District. The Final Plat should include a notation
that the property is within ˝ mile of land in a Farmland Preservation
District. (HCSO 170-35)
4. Water System – The Applicant
must provide documentation from the City of Hendersonville that sufficient
water capacity is available. The
applicant must also submit evidence that water supply system plans have been
approved. (HCSO 170-20) 3.
5. Sewer System – The Applicant must
provide documentation indicating that the
Community Sewer system has sufficient capacity to handle the increase of
wastewater from this development. The applicant must also submit evidence that
the appropriate authority has approved the community sewer system plans or
evidence of their submission. Or provide documentation from the Henderson
County Utility Department that they have sufficient capacity to service the
subdivision. (HCSO 170-20)
6. Restrictive Covenants- Applicant should submit to the Planning Department a copy of the
restrictive covenants for the development or certification indicating none will
be used. (HCSO 170-36)
7. Stream Setbacks -The most
current USGS Topographic Maps indicate that there is a perennial stream on the
property to be subdivided. A minimum
thirty-foot setback for buildings and other structures, excluding culverts and
bridges, is required along all perennial streams. (HCSO 170-37-A)
8. Flood Line – Approximate
location of 100-year flood hazard line needs to be shown on the final plat.
(HCSO Appendix 5)
(Board member Valerie Welbourn arrived). Ms. Peagler said that the
submittal is for approval of the Master Plan and Development Plan for the
subdivision. Staff feels that the
submittals satisfactorily address the requirements of the Henderson County
Subdivision Ordinance except for the items noted above. Staff would recommend approval of the Master
Plan and approval of the Development Plan subject to the above listed comments
being addressed and revised plans being submitted prior to beginning
construction. Chairman Pearce stated
that Staff is looking for approval subject to Items 1 – 8 and asked what the
Board should do regarding easements (Item 9).
Ms. Smith stated that this is up to the Board and that Staff wanted to
make the Board aware of the comments Mr. Tweed had. She stated that she did not feel the Ordinance absolutely
requires that the Board gets into whether or not they actually dedicate that
easement, but the County Utilities Department would like that and because the
County Engineer made the comment we wanted the Board to be made aware of this. Mr. Cooper asked whether the applicants are
having difficulties working out an easement.
Ms. Smith stated that she did not know.
Chairman Pearce asked the applicants to discuss this matter with the
Board.
Mr. Skip Dunn, developer and part owner of Mills River
Village stated that they would have no problem satisfying Items 1 – 8 and that
they have the capacity in the sewer plant and are hoping that the County sewer
will be out there shortly. Mr. Dunn has
talked with Doyle Freeman, with the County Utilities Department, and said that
they would be willing to dedicate the easements with the plant because the
development needs the sewer system more than the sewer plant. Chairman Pearce asked Mr. Dunn if the Board
had a condition with the approval that the easements would be dedicated with
the plat, would this be a problem? Mr.
Dunn stated that this would not be a problem.
Mr. Carpenter stated that regarding the capacity of this system; the
Beckums have part of that capacity to the people next door? Mr. Dunn stated that it has never been
addressed with any of our title insurance, but has no objection to Mr. Beckum
having one tap for a residence to the plant, if he can get a line to the plant
and has mentioned this to Mr. Beckum.
Mr. Carpenter said, referring to a legal document, is that what 15,000
gallons per day is for that one house?
Mr. Dunn stated that there was nothing about that. He said the size of the system is 15,000
gallons, but has been enlarged, so if it refers to the 15,000 gallons, it is talking
about the plant that is there. Mr. Dunn
stated that he thinks that the agreement that Larc Lindsey made with Mr.
Beckum, which did not carry onto our property at all, but Mr. Dunn stated that
he is willing to accept it. Mr. Dunn
feels that there is no way he can get a line to the plant. Mr. Carpenter, referring again to the legal
document, stated that he has a legal right-of-way and quoted the legal
agreement, which states that whoever buys from Mr. Lindsey (Grantor) is
obligated to provide Grantee reasonable access to Grantor’s sewer treatment
plant on Grantor’s adjacent property after said plant is operational and allow
Grantee to dispose up to 15,000 gallons per day through the plant. Mr. Dunn stated that Mr. Lindsey did not own
the property that the sewer plant is on.
It is the nineteen acres that Mr. Beckum owns. Chairman Pearce asked Mr. Carpenter whether this is pertinent to
tonight’s request. Mr. Carpenter wanted
to know how they figure capacity and in looking at it, is it capacity that is
actually being used or capacity that is allocated and who keeps track with
it. Mr. Dunn said that every lot we are
asking for approval is already hooked into the sewer line. Mr. Carpenter stated that he had concerns
whether there had been some capacity conveyed away, then how does the County
know there is enough left? Ms. Smith
stated that it would be the County, if it ends up being County sewer, but for
the private plan, it has to be from the operator and the State is the
permitting authority. Rebecca Nesbitt
had concerns regarding the homes that are built so close to the river with
regard to flooding. Mr. Dunn stated
that he was not concerned about any of the homes except lot 17, which the
elevation is 2,078 and the 100-year flood states elevation at 2,063, so it is
only 15 feet above the 100-year flood.
Ms. Nesbitt said that you feel that the flooding is on the other
side. Mr. Dunn stated yes. Mr. Lynch asked whether the roads were
private. Mr. Dunn stated that they were
private, but in Phases 2A and 2B the roads are to State specifications and we
are hoping that someday the 32 adjoining acres will have an entrance to 191 and
the State will then maintain those phases but will not come into Phase 1. Chairman Pearce made a motion that the
Planning Board find and conclude that the Master Plan and the Development Plans
submitted for Mills River Village, Phase 2B subdivision complies with the
provisions of the Subdivision Ordinance except for those matter addressed in
the technical comment section of Ms. Peagler’s memo that have not been
satisfied by the applicant; and further move that such Plan be approved subject
to the following conditions being satisfied by the applicant, Item 1 through 9
under the Development Plan technical comments in the Staff memo. Leon Allison seconded the motion and all
members voted in favor.
Review of Special Use Permit Application # SP-01-04 for a
Proposed Baseball Complex – Blue Ridge Community College, Applicant. Mr. Gurley presented the review and stated
that this is a review and recommendation sent to you by the Board of
Commissioners for a Special Use Permit, # SP-01-04, submitted by Dr. David J.
Sink, Jr., President of the Blue Ridge Community College. He stated that basically this just for the
compliance for the technical requirement stated in the Henderson County
Zoning Ordinance. The application
is for the construction of a baseball field, dugouts, concession stand,
restrooms, office area, and general storage.
The proposed location site is on the corner of Allen Road and East
Campus Drive, which is the northern end from Allen Road (northeast property of
the college property). Mr. Gurley
stated that the variance is also being requested from the Board of
Commissioners to allow for the construction of two buildings that will house
dugouts, offices, and storage area. The
buildings will be located approximately 11 feet and 26 feet from the property
line instead of the required 30 feet.
The area is zoned O & I (Office and Institutional). Mr. Gurley stated that Staff comments are
based on various sections of the Zoning Ordinance that address the
proposed baseball complex and he said he included various excerpts from the Zoning
Ordinance in each member’s agenda packet as a reference. Mr. Gurley stated that the items in
particular he would like to have the Planning Board look at that the applicant
should address are follows: (1) Traffic Flow; (2) Off-Street Parking; (3) Mr.
Gurley stated that the agent for the applicant has indicated that he will
provide documentation from the City of Hendersonville that sufficient water
capacity is available, and evidence that water supply system plans have been
approved as well as documentation from the North Carolina Department of
Environmental and Natural Resources that the existing sewer system has
sufficient capacity to handle the increase of wastewater from this
development. (4) Soil Erosion and
Sedimentation Control Plan and (5) Drainage Improvements, Mr. Gurley stated
that the applicant’s agent will address both of these items. Mr. Gurley stated that pending satisfactory
responses to the items mentioned, the Planning Department Staff would support a
favorable recommendation by the Planning Board on application # SP-01-04 with
findings that the proposal meets Section 200-70A(2) and Section 200-56D. He added that unsatisfied items and any
other items the Planning Board deems necessary may be listed as conditions to
such recommendation. Ms. Smith asked
Mr. Gurley whether he is including the variance recommendation in that. Mr. Gurley stated, not the recommendation,
but said that he was not sure if the variance comes before you (as a Board) or
if its included because you will see the site plan where two of the buildings
are within the setback requirements and I wanted the Board to know what they
were applying for regarding a variance.
Ms. Smith stated that she feels that any recommendation the Planning
Board makes would need to be conditioned on granting the variance also;
otherwise the plan will not take off as it is and would be totally up to the
Board of Commissioners. Mr. Allison
asked why would another variance come before this Board tonight and this was
does not? Ms. Smith stated that this is
a variance from the Zoning Ordinance; the Planning Board has the
authority on variances from the Subdivision Ordinance, because the
Planning Board is the final approval authority. She stated that most variances come before the Board of
Adjustment, but the Zoning Ordinance has been amended to allow somebody
to ask for variances as part of their Special Use Permit now rather than having
to go before the Board of Adjustment and the Board of Commissioners. Mr. Gurley asked Mr. David Powlen, landscape
architect for the Blueridge Community College project to present the project to
the Board and to address the items that were reviewed by Mr. Gurley.
Mr. David Powlen addressed the issues regarding traffic flow
and off-street parking. He showed a
larger campus plan and the proposed site of the baseball field to show the
relationship of where it is located. He
showed the separation between the Hospice Center and the new proposed baseball
field complex. The parking that would
be used for this complex would be the existing parking that is on the campus
now. He showed on the map the various locations
of existing parking spaces. He stated
that at present they are proposing a seating capacity for the baseball field of
approximately 450. He stated presently
they have approximately 200 parking spaces.
Chairman Pearce asked what the distance is from the building to the
parking lot. Mr. Powlen said that it is
approximately 200-300 feet and added that they will be providing a handicapped
accessible pathway to connect to the driveway.
He stated that the bleachers will only be located on the home side or
first base side of the field. He said
it is designed to be expandable as needed.
Mr. Lynch asked whether the parking spaces will be occupied at the same
time as when the baseball games are playing.
Mr. Powlen stated that primarily these games will primarily be scheduled
in the evenings or on the weekends. Mr.
Lynch also asked what the space is between the Hospice and the baseball
field. Mr. Powlen stated that it would
be approximately 1,400 or 1,500 feet and a substantial grade drop as well as a
fairly densely wooded area between both locations, which should help to shield
some of the noise and light. Mr.
Carpenter asked whether this wooded area is located on the college property. Mr. Powlen said that there is a piece of
property that is privately owned. Mr.
Lynch stated that lights were mentioned but not in the proposal, are they
planning on installing lights or does NCAA require them? Mr. Powlen stated that the NCAA does not
require lighting and right now we are putting in enough capacity electric wise
that it could be lighted in the future and it is anticipated that the lights
could be donated. Mr. Powlen referred
the subject of lighting to Mr. Ed Bell, who is with the Blue Ridge Community
College Staff to answer any lighting questions. Mr. Bell stated that the college has been discussing with General
Electric on lighting of this project.
Chairman Pearce stated that the only problem he feels that there might
be regarding the lighting would be the potential of glare problems, which would
need to be addressed and if lights were not installed, the odds are that part
of the year, the field would need to be operated early enough that the school
would not be closed down at the same time.
Mr. Powlen stated that he feels it is the college’s intention to get the
complex lighted and the design of those lights would have to take in account a
portion Interstate 26, and a nearby a residence. Mr. Bell stated that the parking at present is virtually unused
and if there were a game in session, he does not feel that there would be a
parking problem or a noise issue because of the location of the proposed
field. Chairman Pearce asked Mr. Gurley
and Ms. Smith whether lighting should be recommended as a condition for approval. Ms. Smith stated that the Board of
Commissioners has the authority to look at lighting as an issue. She said that the Planning Board can
recommend a condition if it is reasonable and if the applicant agrees. Chairman Pearce feels that the Board needs
to be concerned with the lighting; (1) that it would in no way interfere with
vehicles driving on the Interstate and (2) that the lighting would not disturb
the adjacent property owners. Ms. Smith
stated that these conditions are fairly general, if there is something more
specific to be done, you might want the applicants to take a look at that, that
is, the type of lighting, etc. Mr.
Cooper asked whether East Henderson High School who recently installed lights
on their ball field had to come before any board to get permission to install them? Ms. Smith she was not sure, but said she
could look into that. Ms. Smith stated
that she had asked the applicants to bring a Master Plan to address the parking
issue, since it did not show spaces on the plan. She stated that it is not clear from the Ordinance, but it
appears that parking has to be provided for each use and we can not distinguish
at present but it helps to hear that the parking in that area is infrequently
used. She said we have to allot parking
for each of the uses on the facility, based on this, I do not whether we can
calculate this, but if the Planning Board wants to move ahead tonight that is
fine, but if the Board wants Staff to do additional work on the parking
determination we can do that too.
Chairman Pearce stated by us saying that they have adequate parking,
does that mean paved? Ms. Smith stated
that none of our parking requirements require paved parking the concern is with
spaces. Chairman Pearce stated that the
Board needs to take into account the vacant field that is graded. Ms. Smith stated that it would be helpful to
indicate that as part of the Special Use Permit and that parking is allowed in
that area. Ms. Smith stated that in
addition to, something else came up in the presentation that they may expand or
seating/bleachers might be added.
Chairman Pearce asked Mr. Powlen whether the 450 number is including the
expanded number or the beginning number?
Mr. Powlen stated that that is the beginning number and for one side,
and the other side could accommodate for future expansion of an additional 450
seats. Ms. Smith stated that if you
think that this is a possibility, you could make this expansion a part of your
approval now as if it is not done now, you would need to come back for an
additional approval for the expansion.
Mr. Powlen said they would like to add this now rather than come back
again. Mr. Welbourn stated that if they
add on their plan an indication of overflow parking area and an estimated
amount of spaces they feel they may need, which could take care of the parking
issue. Mr. Gurley stated that
concerning traffic flow, he was concerned more with pedestrian traffic
flow. He was concerned whether there
will be crosswalks, and some sort of signage to let vehicles know that during a
game day there may be children running across that road to go back to the
car. Mr. Powlen said he had not planned
on putting a crosswalk there because there is no sidewalk on the other
side. Mr. Powlen stated that the soil
and erosion plan has been submitted.
With regard to the drain improvements, the area is very flat so there
will be very little surface run-off and will be grassed. Because of the need to control some of the
water coming from the adjacent property and keep it off of the fields so it
does not run across, they have installed two catch basins that will be piped
under the field and released to allow sheet flow into the pond. He said that there are some existing storm
drainpipes to allow this water to run off.
The storm run-off will be very minimal.
Mr. Powlen stated that there will be for a landscaping purpose, there
will be evergreen trees to screen for lighting and any noise. After some further discussion, Chairman
Pearce made a motion to send a favorable recommendation to the Board of County
Commissioners regarding the Special Use Permit for Blue Ridge Community College
Baseball Complex Facility, SP-01-04 subject to # 1, the variance being
approved, # 2, adequate shielding of lighting for adjacent properties and I-26,
if applicable; # 3, that adequate parking be provided for the complex to meet
the demands of the proposed facility; and also contingent on conditions # 2, #
3, # 4 and # 5 as specified in the memorandum to the Board as discussed and in
addition the proposal is amended to include the addition of future seating to
the complex along the third base line.
Ms. Welbourn stated that she feels another condition should be regarding
the buffering. She feels that along a
portion of the northeast corner behind the dugout area as shown on the map a buffer
of evergreen trees should be planted for screening. Chairman Pearce asked Mr. Powlen where they plan to buffer. Mr. Powlen stated that they will put an
evergreen tree screening at the corner of the storage facility and will run
approximately 150 feet to the east to buffer for residence, etc. Chairman Pearce requested to include what
Mr. Powlen stated regarding buffering as another condition for approval of the
special use permit. Jack Lynch seconded
the motion and all members voted in favor.
November 20, 2001 Planning Board Meeting Minutes. Ms. Peagler said after receiving some
questions regarding the subdivision of October Ridge by the applicant’s agent,
Jon Laughter, it came to Staff’s attention that the minutes were not correctly
reflecting the conditions that were put on the subdivision for approval. Ms. Peagler reviewed the motion made by Leon
Allison in the minutes that indicated the approval subject to items 1, 5, and
9. She stated that after listening to
the tape, the motion in fact included item 12, regarding road design. Ms. Smith stated that Ms. Peagler had
written the applicant’s notification letter based on the fact that item 12 had
been included, which the notification letter had gone out prior to the draft
minutes which went out to the Planning Board members. Ms. Smith stated that upon reviewing the minutes, Staff did not
pick up the fact that item 12 had not been included. Mr. Jack Lynch made a motion to amend the minutes of the November
20, 2001 meeting regarding October Ridge Subdivision to include condition Item
12 in the motion. Valerie Welbourn
seconded the motion and all members voted in favor.
US 25 South Corridor Study – Joshua Freeman, Planner. Mr. Freeman said that the US 25 Study
Corridor Study is located at the beginning of US 25 and US 176 intersection and
runs through the Village of Flat Rock.
The study area itself is between the City of Hendersonville and the
Village of Flat Rock. He stated that
the entire study area, which the Committee looked at, is completely within the
jurisdiction of Henderson County and added that they did not look at Flat Rock
or the City Hendersonville and that the jurisdictions only apply to the
County’s jurisdictions. He said the US
25 corridor is the primary link between Flat Rock and the City of
Hendersonville and is a significant entry corridor to both jurisdictions. The corridor itself has much aesthetics,
economic and historical values that are important to most citizens of Henderson
County. He noted that some quick
characteristics of the study area is the fact that it is approximately 4,500
feet in length, 622 feet wide, an estimated 456 residents, 190 residential
units, 11 businesses, 1 church, 86 acres divided into 92 parcels, 77 land
owners, and that 70% of the study area acreage is some form of residential land
use. There is approximately 24% of the
study area acreage which is in some form of commercial land use or community
facilities and only 5% of the study area acreage is undeveloped. Mr. Freeman demonstrated on the land use
study map these divisions of acreage.
Mr. Freeman mentioned that the study was formed at the
request of the Board of Commissioners to examine land use on US 25 South and
was prompted by the rezoning request by Mr. Bobby Sherman, at the intersections
of US 25 South at Erkwood Drive and Shepherd Street and other zoning
applications which caused some controversy.
Mr. Freeman said that the Henderson County Land Use Guide Key
Strategy # 2 recommends that the county study municipal boundaries and make
land use recommendations. Key Strategy
# 3 asks that the county study the major corridors and make recommendations on
land uses in those areas. He said that
this study is an attempt to do both of these things and also to address the long-term
conflicts. He mentioned that the county
members were Tedd Pearce, Jack Lynch and Valerie Welbourn from the Planning
Board. Other representatives included
Judy Boleman, Town Council for the Village of Flat Rock, Mark Cordaro, Planning
Board for the City of Hendersonville, and Chuck Cordray and Bill Owings who are
landowner representatives.
Mr. Freeman stated that the original direction from the
Board of Commissioners was to look at a 300-foot wide corridor, but said they
decided to look at all the area or given parcel that was touched by the
300-foot corridor. The Committee
focused on that study area alone and developed a range of priorities for the
study area, which include about twenty-six recommendations to achieve those
priorities. Mr. Freeman stated that
the Committee felt it was important to maintain the aesthetically pleasing
historically mixed-use character of the corridor. This entails protecting the overhead tree canopy, enhancing
ground level landscaping as well as limiting the scale of future structures,
keeping and encouraging the mixture of commercial and residential land uses,
north of the Erkwood/Shepherd Street intersection. He said another priority is to keep the area south of the Erkwood/Shepherd
Street intersection, generally speaking, residential. He said that in response to those they recommend:
Mr. Freeman added that the Committee valued commercial land uses in that area and thought they were important to the character and the health of the county and the corridor in particular. The Committee suggests by in large that the rezoning be conducted to fix some of the zoning conflicts. The acreage north of the Erkwood/Shepherd intersection (43%) is in some form of commercial use, but only 21% is commercially zoned properly for this commercial use. The Committee suggested to do-away the R-T zoning that is north of the Erkwood/Shepherd intersection and replacing it with C2P or NB district, which is proposed under the Zoning Ordinance Rewrite and expanding the CSP or NB district all the way out to Morton Lane, at least a 300 foot wide corridor either side of US 25 South, north of the Erkwood/Shepherd intersection.
h. Protection of property values, which could be done through a variety of ways.
i. South of the Erkwood/Shepherd intersection, the Committee suggested in order to protect property values was to keep the land use pattern as is and to discourage the county from any additional commercial or industrial rezoning in that area.
j. Minimize the existing non-conformities in the area. There are two major types of non-conformities in the area. Only 21% of the commercial uses north of Erkwood/Shepherd Street are properly zoned. Rezoning to C2P or NB would reduce those non-conformities. The R-40 area west of US 25 was identified as being very problematic because about 62% of the parcels are smaller than the allowable lot size. The Committee suggested to rezone those areas from R-40 to R-20, which would resolve more than 50% of the non-conformities in that area.
k. Addressing the access issue would be in keeping of the two-lane road along US 25 South. The Committee felt that it suits the character of the corridor, however the reduction of the capacity of the corridor could lead sometime in the future to widen the two-lanes. The reason for this might be because of the numerous curb cuts and their spacing, especially for safety reasons. With regard to this, the Committee recommends that the County develops an Access Management Program that would be comprehensive and multi-jurisdictional in nature. He said this means to develop a program or ordinance that limits or controls the way that curb cuts created and how they enter into the road. NCDOT would provide assistance and work with the county on developing the program.
l. Restrict commercial uses north of the Erkwood/Shepherd intersection to light commercial to minimize traffic and the installation of turn lanes wherever they are necessary. Another solution to this problem would be to address this issue by reconfiguring the intersection of Erkwood/Shepherd Streets. The centerlines of Erkwood/Shepherd streets are offset by 180 feet, which promotes a safety concern with traffic.
m. Recommend pedestrian/cyclist infrastructure.
n. Mr. Freeman stated that regarding jurisdictional issues, one problem is the number of septic systems that are failing in this area, which is driving the proposal to extend sewer lines north from Shepherd Street to Morton Lane. The City of Hendersonville is currently in process of acquiring right-of-way and whatever else they need to do that. He added that the Committee supports the extension of sewer lines to failing septic systems. He stated that regarding land use oriented satellite annexation, which are annexations for which the sole and primary purpose is to extend to the property owner land use options that are not also available to that property owner through existing Henderson County zoning. He stated that the Committee recommended that the City of Hendersonville and the Village of Flat Rock adopt a policy of avoiding land use oriented satellite annexations and suggested annexations in the US 25 South corridor should be contiguous to existing annexed areas and proceed according to an established annexation plan.
o. The Committee suggested that the City of Hendersonville and the Village of Flat Rock should consider moving the 1997 Annexation Agreement Boundary northwards, such that it runs west along Erkwood Drive to the current Flat Rock boundary at the intersection of Rutledge Drive and Erkwood and that it runs east along Shepherd Street to the intersection of US 176 and Shepherd Street.
Mr. Freeman stated that
he is asking the Planning Board to support these recommendations as well as
support on the Access Management proposal and the matter of overlay districts
as they are proposed in the Zoning Ordinance Rewrite. Mr. Freeman said that the overlay districts
are districts that are applied to a particular area to address that area’s
needs and to address issues that are not easily addressed in the Zoning
Ordinance. Mr. Freeman stated that
many of the recommendations the Committee is asking for requires an overlay
district in order to make the recommendations easily implemented. Again, Mr. Freeman encouraged the Board of
Commissioners to adopt as a tool for the Planning Department and for the
residents of that area as well as rest of Henderson County. He also asked for resolutions supporting,
modifying or even disagreeing with the recommendations of the study to the
Board of Commissioners would be helpful.
Ms. Smith added that the Board of Commissioners asked for other Boards
to receive this study document. Mr.
Leon Allison asked whether the study also concerned traffic flow and to reroute
it down Highland Lake Road? Mr. Freeman
stated that there was a recommendation in the last thoroughfare plan that
called for improved east-west flow of traffic from Kanuga to US 176. He stated that this was one of the
alternatives, but not sure whether it got to the Planning Board. Mr. Allison commended Staff on the work they
have done regarding this study, but traffic flow has not been addressed. If more commercial uses are proposed north
of Erkwood/Shepherd Streets, this will encourage more traffic. Mr. Freeman said that he agrees, but the
problem that this Committee had was that they were trying to balance the
transportation side of things with small area land use issues. The Committee was trying to address the
non-conformities at the same time trying to minimize the traffic impact. He stated that what the Committee is trying
to state is when traffic hits this corridor, lets make it move through a little
easier and safer. He stated that there
will be no reduction of traffic with the recommendations and if anything, the
traffic will be increased. Ms. Nesbitt
asked why was the piece, (a 300-foot wide corridor along the western side of US
25 South), which is most of the western side of Section B on the map that you
pointed going to remain R-40. Mr.
Freeman stated that the goal in leaving it R-40 is to keep the lot sizes large,
with one residential structure per lot and thereby minimize the need for
additional curb cuts. He stated that by
and large the parcels located there are owned by a few landowners landowner and
are conforming to R-40 district. In
discussing the traffic issue again, Board members had mentioned the proposal of
the new Trend facility nearby the study area and Mr. Freeman stated that one of
the recommendations the Committee made was that the County needs to address
scale standards or something to minimize the size of a project that may take
place in the corridor. He stated that
he was not sure that the Trend project fits within the range of things that the
Committee was thinking about. Mr.
Allison referred to the traffic flow, he said that Highland Lake Road in 10 to
20 years people will be asking for it to be widened to relieve the traffic to
go to Upward Road. He said all the
Committee is doing is putting off what eventually we will need. Mr. Lynch said that when the thoroughfare
plan numbers come out, that road will be around a “D” which means crowded and
at that time the Board an accept the thoroughfare plan concept and suggest
widening the road or whatever recommendations needed. Mr. Freeman stated that the Committee is waiting to see what the
thoroughfare plan states regarding this area and depending on the plan’s
comments, the Committee might want to reassess their comments. Mr. Lynch commended Staff on their hard work
and said that Josh Freeman had worked one night, all night on this project to
prepare the paperwork for the Commissioners.
Mr. Lynch added that the Board of Commissioners wanted the Committee to
get this project done within a five-month frame and we did accomplish that time
frame and said he has challenged the Commissioners as to when they will get
this study approved. Mr. Lynch asked whether
all the landowners subject to the project had been contacted. Mr. Freeman stated that they had but not
received comments from everyone. Ms.
Smith stated that regarding the work on this project, it was not Staff but the
singular effort of Josh Freeman. Leon
Allison made a motion to send a letter of support and endorsement regarding the
US 25 South Corridor Study Committee recommendations as presented. Rebecca Nesbitt seconded the motion. All members voted in favor. Although Mr. Allison did not vote, his
non-vote counts as a favorable vote [as per Planning Board Rules of
Procedure]. Mr. Allison stated that he
did not want to vote and endorse this when the Commissioners had asked to send
to all Committees for their review but they did not mention that we needed to
vote on this. Mr. Freeman said that as
a Board, he wants comments on this because the Study Committee cannot assess
this project until they know the reaction to the recommendations. He feels that we need encouragement to the
Commissioners to do something other than ignoring it and putting it on the
shelf. Chairman Pearce addressed Mr.
Allison’s comment but stating that the Board has a right to make
recommendations to the Board of Commissioners whether they request them or not. Mr. Allison added that he has reservations
voting on this as he feels the report did not address the traffic flow problem
and what Flat Rock is really looking for.
Mike Cooper stated that he drives the US 25 South everyday as he is a
resident on Little River Road and does not find that there is a traffic
problem.
Application for a Variance from the Henderson County
Subdivision Ordinance – John Free, Applicant, Regarding October Ridge
Subdivision. Ms. Peagler stated
that the subdivision was originally completed as a minor subdivision in 1995
and a second phase of this minor subdivision in 1999. Ms. Peagler showed the completed phases on a map of the
subdivision. She stated that at the
November 20, 2001 Planning Board meeting, the Board required that the road be
upgraded based on the Henderson County Subdivision Ordinance section which
states that the property owner must upgrade if they own both sides of the road
to local standards. Ms. Peagler stated
that the owner’s agent, Jon Laughter, had contacted her and said that in that
area there were a lot of rock outcroppings they would be unable to get the
shoulder width that is required. She
said that they had mentioned that in most places they would be able to get a
four-foot shoulder width requirement, but in some places the shoulder would
drop to a two-foot width, and that is the reason why they are asking for a
variance. Jack Lynch asked what the
length of the road is that involves the variance. Ms. Peagler stated that it is between 200 feet and 500 feet. Chairman Pearce said that the applicant is saying
that parts of this road they can meet, but in some parts they cannot meet the
requirements of the shoulder width. He
said that the rest of this road is not in the variance request. Ms. Peagler stated that Staff could not
require that they upgrade any other portion because it is an existing
right-of-way and several homes are already there. Chairman Pearce suggested that the Subcommittee look at the
entire area and check out the variance request and see how justifiable it is
and then ascertain if there is anyway to get the entire road in compliance, but
the Board cannot require them to upgrade on that existing right-of-way
section. Chairman Pearce assigned this
variance request to go to the Subcommittee on Short Term Issues to get a
recommendation back to the full Board by the next Planning Board meeting.
Subcommittee Assignments and Meeting
Dates.
(a) Update on
Issues Under Review by Subcommittees – Ms. Smith stated that the Subcommittee
that is working on the Howard Gap Road/Brookside Camp Road zoning application
has met once and will meet again on February 7, 2002 at 4:30 p.m., which
includes Subcommittee members Todd Thompson, Jack Lynch and Tedd Pearce. Ms. Smith also mentioned that the Short Term
Issues Subcommittee will meet on January 22, 2002, 9:30 a.m. and Ms. Peagler
has a draft set of minutes from the last meeting, which she will present to
this upcoming meeting for approval.
Board members decided to visit the site of Oleta Falls before the
Subcommittee meeting. Ms. Smith stated
that there will be a small packet sent out with information and a map to show
the directions to Oleta Falls.
(b)
Other - Ms. Smith
informed the Board members that the Board of Commissioners are planning to take
up the subdivision amendments on January 16, 2002 regarding the amendments that
were discussed at the Planning Board Retreat (regarding driveways, bridges and
another minor issue). She stated that
this will not be a hearing at this time.
Adjournment. There being no further business, Chairman
Pearce made a motion to adjourn and Jack Lynch seconded the motion. All members voted in favor. The meeting adjourned at 8:45 PM.
Tedd M. Pearce, Chairman Kathleen
Scanlan, Secretary