Mayor Staton's email to Chairman Edney on Highland Lake Park/Soccer Complex

The Times-News story this morning mentioned that Flat Rock Mayor Bob Staton had sent an email to Henderson County Board Chairman Mike Edney about zoning concerns on the Highland Lake Park/Soccer Complex--here it is (all boldface is mine):

From: Mayor
To: Mike Edney
Cc:
Sent: Sunday, November 06, 2011 4:11 PM
Subject: Highland Lake Park

Mike:

We have been advised by counsel that the Highland Lake golf course is a nonconforming use in a residential district (R-20) under our Land Development Ordinance, which use may continue even after a change in ownership of the property. However, any change from that use to a park (regardless of the nature of the park) today would require a conditional use permit approved by the board of adjustment. However, in the process of amending the LDO, we are changing parks from conditional use to special use. Special uses are approved by the concil. (Amendments to the LDO are expected to be approved at our December council meeting.)

Regardless of which body has jurisdiction, the required findings of fact for conditional uses and special uses are the same under the LDO.

Section 1602. Required findings of fact for conditional uses and special uses.

No conditional or special use shall be approved unless the following written findings of fact are made by the Board of Adjustment or the Village Council, respectively, concerning the proposed use:

(A) Public health and safety. The use will not materially endanger the pblic health or safety if located, designed, and proposed to be operated according to the plan submitted and will not adversely affect the public interest.

(B) Compliance with regulations. The use complies with all applicable regulations and standards of this ordinance.

(C) Adjoining property; public necessity. The use will not substantially injure the value of adjoining property, or the use is a public necessity.

(D) Harmony with area. The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located.

(E) Adequate utilities. Public water and sewer service are available in adequate capacity, if needed.

(F) Other provisions. Satisfactory provisions and arrangements have been made concerning the following when applicable:

(1) Ingress and egress to property and proposed structures with particular reference to automobile and pedestrian safety, convenience, traffic flow and control, and access in case of an emergency.

(2) Off-street parking and loading areas where required, with particular reference to the items in (1) above; aesthetics; and to the effects the special use may have on adjoining properties, including noise, glare, odor, appearance and the economic impact.

(3) Refuse and service areas, with particular attention to the items in (1) and (2) above.

(4) Utilities, with reference to location, appearance and compatibility.

(5) Screening, buffers and landscaping with reference to type, dimensions, and character.

(6) Signs and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and aesthetic compatibility with properties in the district.

(7) The location of required setbacks and open space.

While some of the required findings can easily be made, others are more difficult. Some are really bothersome. Some of us could say the use will not materially endanger the public health and safety and will not adversely affect the public interest. Others may disagree. I'm sure the residents of Highland Golf Villas would disagree. Who can say the use will not substantially injure the value of adjoining property owners? The residents of HGV are of the opinion that the result of locating a soccer complex literally in their back yards will be a substantial (13-20%) reduction in the value of their homes. I don't know the basis for their opinion, and I don't know if anything has been presented to dispute their claim. I know that Mr. Riddle had some facts/statistics that indicated that being near a park enhanced the value of nearby homes. Is there any similarity between our neighborhoods and those around the parks he discussed?

Is the use a public necessity? Henderson County is lacking in adequate public facilities for soccer play. I think we can accept that premise. The soccer folks very badly want a soccer complex. Does that make it a public necessity? I think not.

We have seen no final plans for the proposed park, and nothing has been submitted that addresses the requirement that satisfactory provisions and arrangements have been/will be made for such things as ingress and egress, traffic flow and control, access in case of emergency, etc. Nor has screening, buffering and landscaping been addressed. However, all of this can, and I'm sure will be addressed in final plans.

But the most bothersome of all to me is harmony with area. Can anyone in good conscience say that the location and character of the use will be in harmony with the area in which it is to be located? The area now is a quiet residential community comprised of Highland Golf Villas, Statonwoods and the subdivisions and homes across Highland Lake Road and around Highland Lake Inn and Conference Center. Activity on the golf course is quiet, unobtrusive, compatible, and acceptable to all around. That activity is to be removed in its entirety and replaced with about the most raucous activity I can think of -- multiple fields in use by multiple teams, soccer players, soccer moms and dads, and, when not in use by the kids of the soccer association, adult teams and their families, most of whom are there for their national sport and favorite outdoor pasttime. This soccer complex is to be dropped into the midle of a tranquil residential communiy. How can that use be in harmony with the area?

These are findings the council must make, if parks becomes a special use, or the BOA must make if it remains a conditional use. And this does not take into consideration at all what the council must find and decide under the Flood Damage Prevention Ordinance in order to permit the development of a soccer park in part in a flood plane. The FDPO prohibits any development in a flood plane without the approval of the flood administrator. Any adverse decision of the flood administrator may be appealed to the council, and the council has jurisdiction for variance applications under that ordinance.

Applications for conditional and special use permits are filed with the zoning administrator and must be accompanied by a site plan (more than the conceptual plan we have seen), working drawings, specifications, and other documentation. When the zoning administrator is satisfied with the submission, it then goes to the planning board for review. After its review, the planning board may recommend approval, disapprobal or approval with conditions, and forward the application and documentation to the council for consideration. A public hearing is required before action will be taken by the council.

I would not hazzard a guess as to the action the council would take. Up to this point the council has looked at the proposed public park and soccer complex as a "done deal," and we have concerned ourselves with what we can do to make it the best it can be, with amenities (other than soccer) that we would urge to be included in the plans, and to pay for some of those amenities and perhaps other improvements. Now that it appears the council, through the special use process and the findings it must make in order to approve the proposed park, may have the final say on whether or not this park, or any park, would be permitted at that site, we have much more to consider. And we can expect to have much more pressure brought to bear by our citizens, especially those in the neighborhood of the golf course. Under our form of government, I do not have a vote, except in case of a tie.

I thought you and the other commissioners should have this information in hand before tomorrow night's meeting, so that you can take it into consideration as you move further along with the project. I will be out of town on Monday and wanted to get it to you before I leave in the morning.

Bob Staton