Revision and Update of the Zoning and Subdivision Ordinances – Hendersonville, NC

Name of Organization: City of Hendersonville


Location: Hendersonville, NC

Name of RFP: Revision and Update of the Zoning and Subdivision Ordinances

RFP Details / Description

Issue Date:  01/17/17

Submission Deadline: 02/17/17

Receipt Location: Development Assistance Department

100 N. King Street

Hendersonville, NC 28792

Contact Person: Susan Frady, Director

Development Assistance Department

100 N. King Street

Hendersonville, NC 28792

(828) 697-3010 |

The City of Hendersonville is requesting proposals from interested and qualified professional consultants or firms to comprehensively assess and revise or rewrite the existing Zoning and Subdivision Ordinances. The City seeks responses from consultants with experience working on projects of comparable size and scope as well as expertise in applicable best practices.


Community Profile

Hendersonville lies at the southern edge of the Blue Ridge Mountains within the Asheville Metropolitan Statistical Area. The City is conveniently situated 26 miles south of Asheville and approximately 40 miles north of both Greenville and Spartanburg, SC. After very significant growth spurts through the 1990s and early 2000s, the estimated 2015 population of 13,824 reflects a modest growth rate of approximately 1% annually since 2010.

Hendersonville contains a revitalized historic downtown with some adjacent core neighborhoods still in transition. Defined commercial corridors and nodes are settled along major highways and near the City’s two interstate connections. The City’s eight National Register Districts, over 115 acres of green space and modern park amenities, and partnership with Henderson County in the development of the Oklawaha Greenway speak to the values that are important to the City’s citizens and leaders. These development priorities, as identified in the 2030 Comprehensive Plan, include: multi-modal transportation, housing diversity, green infrastructure, heritage preservation, and infill development.

Current Zoning Ordinance

The last major revision of the ordinance began in the late 1980’s and ended with adoption in 1992. Over the subsequent years, the Zoning Ordinance has been amended numerous times to resolve conflicts, add new provisions, increase flexibility, and ensure consistency with North Carolina statutes. Since this last revision, new land use types, zoning approaches, planning theory, and best practices have caused the City to recognize the need to once again update the ordinance.   Some of the problems which must be addressed are:

  • The zoning ordinance contains design standards that are outdated and/or difficult to administer.
  • The City is possibly looking at a form-based code for some areas.
  • The current zoning ordinance is inconsistent and some sections are contradictory.
  • The current zoning ordinance lacks flexibility forcing the BOA/City Council to frequently grant variances.
  • The current ordinance is not user friendly. The ordinance should include graphics and illustrations and clear definitions.
  • The current ordinance lacks staff-level approval and should be analyzed and rewritten to clearly define processes.

The existing code can be accessed on the City’s web site at:

Current Subdivision Ordinance

The subdivision ordinance first adopted August 14, 1964 and last amended December of 1988.  The subdivision ordinance is inconsistent and is contradictory throughout.

The existing code can be accessed on the City’s web site at:

Project Purposes

This project is intended to result in the production of separate zoning and subdivision ordinances that:

  1. Address contemporary development and zoning practices that are easily understood by administrators, the public, and the development community;
  2. Improve the efficiency of the land development process by streamlining administrative review, approval, and permitting for routine matters;
  3. Resolve regulatory deficiencies and needs;
  4. Comply with all applicable State and Federal statutes, case law, and regulations.
  5. Implement land use goals and policies in the 2030 Comprehensive Plan and the City’s other development initiatives as identified in other plans, by staff or the planning board.
  6. Incorporate form based code in applicable areas of the City;
  7. Contain simpler, more flexible, and more easily administered review procedures.
  8. Eliminate outdated, unclear or contradictory language and the need for frequent and extensive interpretations;
  9. Exemplify innovation and creativity in their approach to land-use regulations.

III.    Scope of Project

The project is expected to include close interaction and cooperation with City staff and the planning board to collect input, collaborate on the development of the ordinances, monitor progress, and coordinate the public input process. The scope of work includes the following components:

  1. Development and implementation of a public participation program that stimulates and facilitates constructive input and responses from a wide range of stakeholders throughout the project.
  2. An assessment of the existing Zoning Ordinance and the existing Subdivision Ordinance that analyzes how well the existing ordinances implement City plans and policies, as well as state and federal law. The ordinances should be individually assessed to determine their strengths and weaknesses, especially in terms of content, structure, organization, clarity, ease of use by administrators and the public, and consistency of regulatory procedure.
  3. Identification of at least three ordinance models or approaches that may be appropriate for the City of Hendersonville. The models or approaches should be implementable under North Carolina Zoning Statutes (with or without modification) and be applicable to the City given its geography, demographics, land use characteristics, built environment, transportation network, and vision as expressed in its plans and policies.
  4. Production of a report that describes all identified approaches. The report should also identify the advantages of and challenges with each option as well as any adjustments required for successful implementation in the City of Hendersonville.
  5. Drafting of revised or new ordinances that address the project purposes, acknowledge the findings of the assessment phase, and incorporate the conclusions of the method analysis.
  6. Presentation of the proposed ordinances to the Planning Board for a public forum and advisory review and a separate presentation to the City Council for a public hearing, review, and adoption procedure.
  7. Drafting of any modifications to the proposed ordinances necessitated by preliminary staff and stakeholder review, Planning Board review, or review by City Council.
  8. Assistance with any required zoning map changes, if necessary
  9. Training of staff and elected/appointed officials in use of the new ordinances as well as training in the management and maintenance of the ordinances using a sustainable and systematic review strategy.
  10. Product/Deliverables

The final product will be one (1) internet-ready digital copy for each of the two developed ordinances and one (1) reproducible hard copy of each of the two adopted ordinances. The digital copy shall be delivered electronically in a format mutually agreed upon by the Consultant and the City which will allow for the modification, reproduction, and amendment of the documents generated throughout the process of project completion. The City of Hendersonville shall retain ownership of all data, reports, drafts, and any other submitted documentation.

How to Submit a Proposal


Submit one of the proposal package in a sealed container clearly labeled with the consultant’s name and address. Proposals by telephone, e-mail, or facsimile shall not be accepted. Proposals shall not be returned and will become property of the City of Hendersonville.

Your proposal must include responses to all requirements contained within this RFP. By submitting a proposal, your firm agrees to all applicable provisions, terms and conditions associated with this RFP. This RFP, your submitted proposal, all appendices and attachments (if applicable), and stated terms and conditions may become part of the resulting contract.

Submissions must be received by 5:00 p.m. on 02/17/17 at the following location:

Development Assistance Department

100 N. King Street

Hendersonville, NC 28792

Questions regarding the proposal specifications should be directed to Susan Frady at All questions must be submitted in writing no later than 15 days prior to the date for submission of proposals. Questions and answers regarding the RFP may be shared with all contractors known to be interested in submitting a proposal.

Required Contents

The proposal package should consist of the following information:

  1. A cover letter expressing the firm’s interest in working with the City of Hendersonville including identification of the principal individual(s) that will provide the requested services. The cover letter must identify a contact person for questions during the selection process and provide contact information including telephone number, fax, e-mail and postal address. It should also supply a brief description of the firm, including the number of years the firm has been in existence, range of professional services, office locations and staff size.
  2. A description of the approach to be taken toward completion of the project, an explanation of any variances to the proposed scope of work as outlined in this RFP, and any insights into the project gained as a result of developing the proposal.
  3. A proposed work program describing recommended tasks for the project’s basic components, including a method for coordinating presentations and reviews of the proposed ordinances with city staff, planning board and City Council.
  4. A proposed schedule that indicates project milestones and overall time for completion.
  5. A proposed public participation program for the project’s components including how the staff and/or planning board will be included in the project.
  6. A description of the proposed project team (including any subcontractors), identifying each key member, their respective responsibilities and expected project role, and brief resumes describing their academic credentials, professional licenses or certifications, relevant publications, and experience on similar projects.
  7. A description of past experience relevant to drafting both subdivision and zoning ordinances. Descriptions should give the specifics of the services provided and include an explanation of why the project is considered similar. A reference, including name, title, address, and phone number, should also be included as part of the description of each project. If the documented formally adopted by the municipality varies from your original proposal, please provide a brief explanation of the difference between the two. A digital copy of one example(s) of a past produced ordinance is welcome with submittal.
  8. A narrative statement providing information regarding the consultant’s knowledge and understanding of North Carolina statutes, case law, and applicable federal regulations related to land use and development.
  9. A cost proposal consisting of: a) a composite schedule by task of direct labor hours; b) an overall not-to-exceed price for completing the project as described in your response; and c) an itemized schedule of all expenses, including both labor and direct expenses. If the use of sub-consultants is proposed, a separate schedule of expenses must be provided for each sub-consultant.
  10. Evaluation Process

From the complete proposals received before the deadline, finalists shall be selected to present their respective proposals to the Planning Board or selection committee for review. Finalists shall be scored and ranked based on criteria that include but are not limited to:

  • technical approach to the project
  • professional qualifications of key personnel
  • previous experience and proven performance with similar projects
  • project management capabilities
  • public participation methods
  • clarity of presentation
  • understanding of project purposes
  • ability to meet schedules and budgets
  • current workload and availability of necessary personnel
  • estimated costs and the flexibility to adjust the proposed work program to meet budgetary constraints
  • other factors deemed relevant by the planning board or selection committee.

Following the interviews, staff will negotiate an agreement with the top ranked respondent. If no agreement can be reached, staff shall proceed with discussions with the second ranked respondent. This process may be repeated as many times as necessary until an agreement can be negotiated that is satisfactory to both parties

VII.    Contractual Agreement

The submitted proposal by the selected firm will become an attachment to an agreement signed by the City and the firm.  Price-quotations and other time-dependent information must be valid for a minimum of one-hundred ninety (190) days from the closing of this RFP.  Negotiations may be undertaken with firms that demonstrate adequate qualifications and responsibility, and that can perform the responsibilities stated herein.

The Consultant will be paid on a regular bases upon receipt of proper invoices and progress reports.  Payment will be on a reimbursement basis for services actually performed.  An agreed percentage of the total contract amount will be withheld pending satisfactory completion of services.


Posted on

January 17, 2017

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