Elissa Yount: Here we go again


Here we go again! The city council is going to be asked to approve a zoning request to put truck stops in all areas zoned industrial.

This will not be spot zoning because all the zoning will change. This will not require a special use permit because, if approved, it will be a conforming use of land.

Now, I am not against “an individual” who may or may not have a location in mind building a truck stop. But, why, if they do not have a location in mind, will the zoning need to be changed? Of course we need to grow business in this community, but what I am against is the way this is being done. We need to slow down and study the facts.

Why the rush to change this zoning now? Is the truck stop going to conform to the land use plan or is the city being asked to change its zoning to conform to the request of “an individual” who may want to develop property that now has zoning restrictions? If the city saw that the zoning for truck stops was not appropriate, they should propose this change for the good of us all. But it appears that the owner wants the city to change to meet their “individual” needs. How will this impact property owners who followed the zoning requirements? What are the facts?

This city has worked on a land use plan for over three years. This is a comprehensive plan that guides how our city will manage growth and development. Without a good plan, “unplanned growth results, traffic congestion, and decreased quality of life, which can discourage investments in business, industry, and housing.”

City boards should “rely on the plan as a guide for making its planning decisions. This plan establishes and serves as the basis for making sound land use and public improvement decisions over the next 20 years.” Zoning ordinances “serve to support and implement the comprehensive plan.” It may surprise you to know that the law in this state, which applies to Henderson, “requires that municipal zoning ordinances be consistent with an adopted comprehensive plan.” In other words, you align your ordinances to the land use plan, not the other way around.

A good plan “creates an overall vision for the community that outlines the type, intensity, and location of development that is appropriate for the city, and that takes advantage of local and regional assets in order to promote economic prosperity.” We all agree that a truck stop can be a good neighbor in the proper land use area, but it could be a traffic, environmental and safety nightmare if located in an improper area.

I could go on and on about this plan. Without a reputable land use plan, the city can be run by developers or property owners who only look at their profits. Without a reputable land use plan, neighborhoods and businesses can be impacted in very negative ways, and growth may only go to certain corridors. Without a reputable land use plan, the ideas of the community become secondary to the bottom line of a few. It may not surprise you to know that the land use plan for Henderson is a document from the 1970’s that has been buried in the dust for years. Was there justification for this?

Now, just at the time that the city is finally getting its plan in the draft stage, the Planning Department puts forth this major change to our zoning. Has the process, application, or request for this zoning change been made properly? Again, why the rush? Is the timing of this request suspect?

We know we need coordinated and compatible land use patterns. That will mean having a plan adopted before major zoning changes are implemented. The city and its planning director are supposed to work for us and our good. This is the proper way to do business. This is the democratic way to do business. This is the legal way to do business.

The City Council should put this major change in our zoning into the deep freeze until the draft of the land use plan is, at the very least, studied carefully and questioned both the committee and the public about their ideas. This is an extremely important document that needs to be picked apart, studied, analyzed, and dissected by us all, and especially the City Council. A study session of two days may not even be enough to digest it all. This is not the time to vote blindly and without deliberation. Indeed, to do less is circumventing the intent of the law in this state.