The next step in annexing Henderson Mayor Brad Staton’s future home and properties into the city occurred Tuesday, when the Henderson-Henderson County Joint Planning Commission approved a recommendation for the properties to be zoned as city residential once they are annexed.
The planning commission’s only tasks for the properties were to make a recommendation for the zoning—they are currently zoned county residential—and hold a public hearing about the request.
The planning commission approved, with an 8-2 vote, a recommendation that the property be zoned as city residential if it’s annexed. Planning commissioners Gary Gibson and Heather Toews voted against the recommendation.
This annexation recently became an issue after Staton said he and his family found a new home to move into after searching for three years. But because the home is in the Grantwood subdivision, Staton needs to get the residence annexed into the city if he wants to remain serving as Henderson’s mayor.
As part of negotiations to buy the house, Staton asked the owner of the residence at 656 S. Glenwood Dell Drive, Allison Eblen, if she would consider annexing her property into the city. Staton said she agreed.
State law requires that for a county property to be annexed into the city, that county property must touch city property. The property at 656 S. Glenwood Dell Drive doesn’t touch city property.
But a contiguous property to Eblen’s property does touch city limits. Staton said he also made an offer on that property—which is a wooded piece of land at 634 Glenwood Dell Drive—and the owners, Kevin and Robin Knight, also agreed to ask the city to annex their property into the city.
All the owners signed consent to annex agreements on Dec. 4.
Any county homeowner whose property touches the city can asked to be annexed into the city. Because of this, Staton has said he’s not getting any preferential treatment with this annexation.
Two residents of the subdivision who spoke during the public hearing portion of Tuesday’s planning commission meeting voiced concerns about their own properties one day being annexed into the city.
They said they had no problem with the annexation occurring. But both, David Littrell and Darren Dockemeyer, said that they want it on the record that they don’t want their property annexed into the city in the future.
Another Grantwood resident, Glen Buckman, said that he was against the annexation
“I don’t really understand why we can do this for one piece of property,” he said, adding that he was also concerned about ramifications for other properties being annexed and said residents don’t want to start a precedent of annexing into the city.
Planning commission attorney Tommy Joe Fridy said that it’s very difficult for residents’ homes to be annexed into the city if the residents don’t request the annexation. Responding to a question from Planning Commissioner Mac Arnold, Fridy also said that the process of de-annexing a property is extremely complicated and very rare.
A Grantwood resident who couldn’t attend the meeting, Stacie Bankes, wrote a letter critical to the annexation that was read into the record. She raised several points in her correspondence, among them that:
- city services won’t be provided to Staton’s residence after the annexation, so it gives the appearance that it is a loophole for the mayor to buy the home he wants and remain mayor
- a bad precedent is set that implies the mayor can live anywhere, so long as he or she has their property rezoned
- once Staton no longer lives at the property, it will be the next owner’s problem, or the city begins advocating for the rezoning of the rest of the neighborhood.
Staton, as well as future owners of the property, will be required to pay both city and county property tax.
The next step will be the Henderson City Commission’s hearing of a first reading and preliminary vote on an ordinance to annex the property into the city limits, said City Attorney Dawn Kelsey.
The annexation was listed on Tuesday’s city commission meeting agenda as an item to be taken up during the city manager’s report portion of the meeting.
