REGULAR: MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 42 MINUTES February 12, 2025 REGULAR MEETING OF THE CITY COUNCIL CITY HALL-2ND FLOOR MEETING ROOM I 160 6" AVE. E. I 5:45 p.m. Present: Mayor Pro' Tem Dr.J Jennifer Hensley and Council Members: Lyndsey Simpson. Melinda Lowrance and Gina Baxter Absent: Mayor Barbara Volk; Communications Director Allison, Justus StaffPresent City Manager. John Connet, Assistant City Manager Brian Pahle, City Clerk.Jill Murray, City Attorney Angela Beeker, Budget & Evaluation Director Adam Murr, Communications Coordinator Brandy Heatherly and others 1. CALL TO ORDER Mayor Pro Tem Jennifer Hensley called the meeting to order at 5:45 p.m. and welcomed those in attendance. A quorum was established with all members in attendance. 2. INVOCATION. AND PLEDGE OF ALLEGIANCE TO THE FLAG The City Council observed a moment of silence for prayer or reflection followed by the Pledge of Allegiance to the Flag. 3. PUBLIC COMMENT Up to 15 minutes is reserved for comments, from the public not listed on the agenda. In Person: Virginia Tegal of Hendersonville, read a statement from Abraham Lincoln and on that note, found herself appreciative for the work that the City does. She noted that City Manager John Connet received a Citizenship Award from Duke Energy at the recent Chamber of Commerce meeting for handling things after Hurricane Helene. Iam especially thankful for your concern for the people oft this city and the environment. I appreciate all that you do and Ijust found out that ifyoul have a medical condition that keeps you from putting your garbage bins at the curb because you can't physically do it, the city will handle it for you. I think that's incredible. Ross Buchanan of Edneyville spoke about a parking ticket that he received and said that he will not pay it and will take it all the way to the Supreme Court ifhe has to. Jesse Woodruff ofl Hendersonville, spoke about the. zoning amendment on the agenda for tonight. He was representing his father Randy who has been a resident of6 60 years and displaced by Hurricane Helene. Despite his desire to rebuild, the current ordinance is making it difficult. We would like to replace a non-conforming structure, his mobile home. He asked that council approve the zoning amendment. Indian Jackson spoke about DEI and the continuing gentrification of 7th Avenue and asked that council try harder behind closed doors. 4. CONSIDERATION OF AGENDA City Manager John Connet asked that Item 8D-AARP Sidewalk Study and Item 9A-Board and Committee Appointments be removed from the agenda. Council Member Lyndsey Simpson moved that City Council approve the agenda as amended. A unanimous vote of the Council followed. Motion carried. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 43 5. CONSENT AGENDA Council Member Lyndsey Simpson moved that City Council approve the consent agenda as presented. A unanimous vote of the Councilfollowed. Motion carried. A. Adoption of City Council Minutes - Jill. Murray, City Clerk January 8, 2025 Regular Meeting January 22, 2025 Second Monthly Meeting B. State and Local Cybersecurity Grant Project Ordinance and Reimbursement Resolution - Adam Murr, Budget and Eval. Director Ordinance #O-25-01 GRANT PROJECT ORDINANCE FOR THE EXECUTION, ACQUISITION, CONSTRUCTION,AND INSTALLATION OF THE STATE AND LOCAL CYBERSECURITY GRANT PROJECT, #G2502 BE IT ORDAINED by the Governing Board of the City of] Hendersonville, North Carolina that pursuant to Section 13.2 ofChapter 159 ofthe General Statutes ofNorth Carolina, the following grant project ordinance is hereby adopted: Section 1: The project authorized is a City project described as the State and Local Cybersecurity Grant Project, #G2502. Section 2: The following amounts are appropriated for thej project(s): Account Codes Account Name Total Budget Fund Dept. Account Project 301 1010 N/A G2502 SLCGP Grant Expenditures $199,286 Total Project Appropriation $199,286 Section 3: The following revenues are anticipated to be available via grant proceeds: Account Codes Account Name Total Budget Fund Dept. Account Project 301 0000 420050 G2502 Grant (SLCGP 2025) ($199,286) Total Project Appropriation ($199,286) Section 4: The Finance Director is hereby directed to maintain within the General Fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual agreements, if applicable. Section 5: Funds may be advanced: from the General Fund as necessary for the purpose ofr making payments as due. Reimbursement: requests shall be made in an orderly and timely manner. Section 6: The Finance Director is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and Section 4. Section 7: The Finance Director is further instructed to include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Board. Section 8: Copies of this grant project shall be furnished to the City Clerk, Finance Director, and City Manager for direction in carrying out this project. Section 9: The City Manager, or designee, is authorized to declare the project completed, close the project ordinance, and distribute remaining project funds to the appropriate operating fund or reserve fund. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney REGULAR. MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 44 Resolution #R-25-09 HENDERSONVILLE, NORTH CAROLINA DECLARATION OF OFFICIAL INTENT TO REIMBURSE BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina, this declaration (the "Declaration"): is made pursuant to thei requirements oft the United States Treasury Regulations Section 1.150-2 and is intended to constitute al Declaration of Official Intent to Reimburse under such Treasury Regulations Section. The undersigned is authorized to declare the official intent of HENDERSONVILLE, North Carolina (the "Issuer") with respect to the matters contained herein. Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the "Expenditures") for EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE STATE AND LOCAL CYBERSECURITY GRANT PROJECT (#G2502), ORDINANCE #O-25-01 (the "Projects"). Plan of Finance. The Issuer intends to finance the costs ofthel Project(s) with the grant revenue to be issued by thel Issuer (the' "Borrowing" "), thei interest on which is to bee excluded from gross income for Federal income tax purposes. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to bei incurred by the Issuer to finance the Project is $199,286. Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any oft the Expenditures incurred by it prior to the issuance of the Borrowing. ADOPTED by the City Council oft the City of Hendersonville, North Carolina, on this 12th day ofFebruary, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney C. Amendments to Fee Schedule to Reinstate Late Fees and Disconnection for Delinquent Utility Accounts - Angela S. Beeker, City_Attorney Ordinance #O-25-02 AN ORDINANCE OF THE CITY OF HENDERSONVILLE CITY COUNCIL TO AMEND THE BUDGET ORDINANCE TO REINSTATE LATE FEES AND DISCONNECTIONS FOR DELINQUENT UTILITY ACCOUNTS WHEREAS, the City Council oft the City of] Hendersonville ("City Council") adopted a fee schedules as part of the FY25 budget ordinance; and WHEREAS, the City of Hendersonville and its residents have suffered devastating impacts due to Hurricane Helene, and will be in a state ofr recovery for a considerable period of time; and WHEREAS, the City Council amended the fee schedule to eliminate certain late fees and disconnections fees during the Mayoral declared State of Emergency due to Hurricane Helene to assist in the recovery efforts; and WHEREAS, City Council wishes to reinstate late fees and utility disconnections; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hendersonville, North Carolina as follows: Section I. Amendment to Fee Schedule Adopted] Pursuant to Section 8 oft the FY251 Budget Ordinance The official fee schedule adopted pursuant to Section 8 of the FY25 Budget Ordinance is hereby amended as follows: [Remainder ofthis page left blank intentionally.] REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 45 CITY OFI HENDERSONVILLE FIRST AMENDMENT) FEE SCHEDULE ADOPTED BYI BUDGET ORDINANCE FOR FISCAL YEAR 2024-2025 "PublicH Hearing requiredf fori items denoted with asterisk DEPARTMENT/ DESCRIPTION COST/ /CHARGE/FEE ADMINISTRATION Ceneral - CeRSCArIEAtenafAEE: Records $3.00pery page (afterf firstp page) Applicationf for Certificatec of Public Conveniences & Necessity taxicab) $60.00 Horse- Drawno Carriage Permit $60.00 Flash Drives: 0-8GB $5.00each 16-128GB $7.00each 2/-128GB $20.00each copyChargestperp page) Black $0.15 - Color $025 Cityc CouncilA Agendas Subscription Meeting Subscription8 &Printing $1600per agenda packet Annuals Subscription & Printing $180.00perf fiscalyear Speciale EventFees - EventA ApplicationFee $25.00pera rapplication ClassA ASpecialE Event Closure High-impactf full Mains Street MSDC Closure) $700.00per dayj - ClassB BSpeciale evento closure moderateir impact,f fullMainStreet MSDClosure) $450.00perday ClassC CSpecialE Evento Cosure/FulMains StreetwithA AvenuesOpen $300.00perday ClassD DSpecialE Event Closure Closureaf2blocksork less) $75.00perb block. per day Class E- SpecialE Event Closure Closured ofp parkings spacesa at Courthouse Plaza) $50.00perday Multi-DayF FoodVendors $55.00perday COMMUNITY DEVELOPMENT FEES- Ersalomasthe-mrsr Declareds Lstated ofEmergensvisin: effect for Hurricane Helens. Community Development Fees markedy AEPARSAE General- Zoning Compliance Zoningv Verificat tionLetter E $50.00 Non-Conforming Use Alteration RequestE BOAReview)E $100.00 Variance Request BOAF Review)E E $7500 Certificate ofA Appropriateness (Minorv work) $50.00 CertificateofA Appropriateness Majorv work) $7500 Telecommunicationsi Towers, Antennas and Equipment SmallV Wireless Facilities (first5 facilities) $I00.00each Aaditconaismalviries: facilitiesont thes same: application $50.00each Administrative Review NoCharge Ceneral Copys & Scan ChargesP Per Page Black $015 Color $025 Eonditioneluse 6200 Copy Charges( (per page) Black S0.15 - Color $025 Ceneral- Copy & Scand Chargesp Per Page Larges Format Copy $10.00 - LargeR Formats Scan $5.00 Zoning Map $500 REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 46 FuturelandUse MapCopy $5.00 Ceneral- Code Enforcement NuisanceF Fee (Admin. Cost Doublesfore eacho Offensewithinay Vear) Cost-s $I00.00A Admin. Cost Encroachmentp Permit OutdoorD Dining Feel (Annual) S05OperSq. Demolitien DemolionAdminkE $100.00 Paymentsinlieu Inlieu-Sdewalks $75.00 per LinearF Inlieu-Trees $153perSq. zoning Requests Zoning Ordinance MapA Amendment (Standard Rezoning) Commercial or Industrial $275.00 Residential <3 acres 517500 Residential> 3 acres $225.00 Zoningn MapA Amendment (Conditional Rezoning) ConditionalR Rezoning- -Legislative Process S100per acre. $500minimum FinaiDRCReview $500.00 Zoning Ordinancel TextA Amendments $17500 SitePlans RwiessAmendmene Commercial, Industrial or Institutional 5,000- -19,999s squaref feetinfloora area $500.00 20,000- -50,000squaref feeti inf fioor area $450.00 Residential Developments 3-10dwellings $300.00 n-50dwellings $450.00 Traffic! Impact Analysiss Study (Administrative Review) $L000.00 Plat Review Subdivision Plats $20.00perlot Street Closing Petition (51.000d deposit) $L000.00 Annexation Petitions SPlatReview Contiguous $300.00 Satellite $450.00 PERMITS Ceneral-2 Zoning Compliance Zoningo ComplancePermitz $50.00 Temporary Use Permits (Thefees shallber reducedto S0.00forte temporaryr residentialu usesonly) $60.00 SrciallDemi: $200 FLPE $300.00 Telecommunicationsl Towers, Antennas and Equipment Basic Permit (C-31-) $450.00 SpecialUse Permitl $2.500.00 Sign Permits SignCompliancep Permit:: $75.00 SpecislUsePem $200 Notel ZApplicableo anly toc applications requiredt tomeett thec additionals standards containedi in Sectionl 764-234 Notez 2Feesf fort towers propasedfors sitingin PCDarPIDdistrict arei includedinthef fee! ercondtiomalusrmiw FIRE DEPARTMENT neral FEES Construction Plans Review Commerciall hoods suppression ystems $100.00 REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 47 Explosivesa andfi fireworks $100.00 Petroleumt tanksanda appurtenances $100.00 Sprinklers systems,f fire alarms systems and Emergency Responders Radioc Coverages Systems Minimumu uptol 1,000squaref feet $50.00 1001-5 5,000squaref feet S100.00 5,001-1 -10,000squarefeet $150.00 10,001- 25,000s squarefeet $200.00 25,001-5 -50,000squaref feet $250.00 50,001- -100,000squarefet $300.00 100,001- 200,00squarefeet $350.00 Ower200.000squarel feet $400.00 Work withouta apermit $250.00 Fireir InspectionFees- Fireinspectionft EEERREZ damsselvHtwrisane eleneshall-soc2 Mrimumupteloo-sure: feet $50.00 1.001- 5,000squaref feet $100.00 5,001-1 -10,000squarefet $150.00 TQC0-EPOPRITEIE $200.00 25,001- 50,000s squaref feet $250.00 50,001- -100,000squaref feet $300.00 TmACOl-AOrEIE $350.00 Over2 200,000s squaref feet $400.00 R28SOccupancies (Apartment Complexes, Storage Units,etc) 1-20Units $50.00 21-50 Units $100.00 51-100Units $150.00 101-150Units $200.00 15-200Units $250.00 201-250Units $300.00 251-300U Units $350.00 Over3 300Units $400.00 PENALTIES Re-inspectionF Fee Follow-up)p per re-inspection $100.00 Annuai KCompintlptiMF $250.00 Hazardous MaterialResponse Fees Chief Officer -pero officer (per hr.) $75.00 Enginec Company Response-p pere enginel (perhr) $150.00 FireM Marshal/Deputy FireM Marshal- perp person (per hr.) $50.00 Ladder/Truck Response- -perk laddertruck (perhr) $200.00 Materafuppliesusd Actualr replacementc cost OffDuty/CallE Back Personnel Average hourlyr ratex15 Site AssessmentF Fee $50.00 PERMITS operationalPermits ABCLicense Fee $50.00 Amusement Buildings $50.00 CarivalandFairs $50.00 Combustibledustg producingo operations $100.00 Covereda and Open MallE Buildings $50.00 Exhibitsandtrades shows (pere event) $50.00 Explosives $I00.00 Flammablea andCombustiblel Liquids $I00.00 Fumigationar andthermalin linsecticidef fogging $10000 Liquidorg gas-fueledvehiclesor equipment in assembly buildings $100.00 REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 48 Privateh Hydrants $50.00 Pyrotechnics speciale effectsr material $100.00 Spraying, and Dipping $100.00 Temporaryn membranes structures,t tents, and canopies (excludes speciale event: $50.00 Construction! Permits Automaticf fire extinguishing: systems $100.00 Batterys systems $100.00 Compressed gas $100.00 Cryogenici fluids $100.00 Emergencyr responderr radio coverage: system $100.00 Firea alarma and detections systems andr related equipment $100.00 Firep pumpsa and relatede equipment $100.00 Flammable and Combustiblel liquids $100.00 Gates andk barricadesa acrossf firea apparatus access roads $100.00 HazardousM Materials $100.00 Industrial Ovens $100.00 LPGas $100.00 Privatef firel hydrant $100.00 Smoke controlo or smokee exhausts systems $100.00 Solar photovoltaic powers systems $100.00 Sprayinga and Dipping $100.00 Standpipes systems $100.00 Temporaryr membranes structures, tents, canopies (pers site, excludes: speciale ev $50.00 PENALTIES IllegalE BurnF Fee $100.00 FINANCE General BeerL License -OnF Premises $15.00 BeerL License Off Premises $5.00 Carnival Permit $100/week + $5p per device Delinquent/ Account Fee Delinementeces t Feecchalls et hes sainsteccountse becen ines : Mavorale declared Statee ofEmergeney for Hurrisane Helenei isine effect S - ESX tehesesed - terrni 1a ien eftt he-Msveraisesbrass state ef eesesrhw ee fromanda aftarthes date - - $40.00 Returnedi item fee $25.00 Itinerant Merchant/Peddlers: Permit $100.00 Utility Application Fee $10.00 MotorV Vehicle Tag Fee $15.00 Wholesale DealersL License Beer Only $3750 Wholesale DealersL License - Wine Only $5750 Wholesale Dealers! License- Beer8 &V Wine $6250 Wine License On Premises $15.00 Wine License - Offp Premises $10.00 Note: in accordancer with GS. 105-113.7 770 and GS 705-113.7 79 Ifab business has multiple locationsi in one county or city, that business will needt to obtain separate ABCI licensest fore each location. Cityb beer andy wine taxes must nc crease by 7091 for each additional license of thes same type issued tot thes same taxpayert for use at a separate location. Furthermore, GS 705-236 applies penalties forf failure to pay forando obtain local beer andy wine licenset taxes. Operating a businessv without the required privilege license triggers a monthly penalty of590 ofthe applicable privilege license tax, up too at total of259 %. Failuret to pay the required tax triggersa: separate 70% penalty. Thesev violations arec also Class7 Tmisdemeanors REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 49 POuCE FEES Fingerprinting $10.00 Precious Metals Dealer BackgroundCheck $75.00 PENALTIES PreciousM MetalsDealer Permit $180.00 PARKING FEES LostT TicketF Fee/ (ParkingD Deck) $20.00 REROSNS $25.00 MonthlyParkings Space-D DeckPermit $80.00 MonthlyParkings Space- ExteriorLotP Permit $25.00 MonthlyParkings Space- InteriorL LotP Permit $60.00 Special EventRate $I0.00pers session PatinglMeter-Mains.: andAvenues So5Oper 15-minutes (5-hour nax. PatkingMeter-Surfacel LotsandDecks $0.75per3 30-minutes (SIOmax pers PENALTES IliciCrowalk Parking $25.00 IlicitFireHydrant: Parking $100.00 IlleiFirelanePataing $100.00 Habitual Pandi-cETEHtT morein30days $100.00 IlicitHandic ped Parking $250.00 IlicitLoadin Zone Parking $25.00 Overtime xp redN Meter Parking $25.00 Penaltyafter3 30daysa addi tional $50.00 Penaltyafter 60daysa ade al $100.00 Construct ionp aingpermitberdisy $15.00 AIIOther ParkingV VioiationsChapterso $25,00 PUBLICWORKS FEES BOydPAMINFCHA Admission Aduits $300 Children $200 CoureRental nifdy-wihcocesions "Atthed discretiondftheGy $300.00 Course Rental fhalfday-without concessions)" "ALthed discretionoftheCiy $200.00 Ceneral Backhoe (perh hour) $125.00 Buiding Maintenance Fees (per hour) $75.00 BushHoge/ractorM Mowingl (perhour) $80.00 ElecticalUsage-20A AmpsorLess/atr parks) $25.00perday Electrical Usage-2 ZIAmpP-SOAmPHPaNS $50.00perday Electricall Usage -over 50Amps(atp parks) $I00.00perda lay FleetM Maintenance Fees (per! hour) $100.00 Sidear Mower Rental (perhour) $125.00 Water/Flusher Truck (perload) $100.00 WeedE Eater/HedgeT Trimmer (per hour) 540.00 AsphaitCurbl Installation-per linear foot $15.00 Oakdale Cemetery GtyR Resident (per gravespace) $1.000.00 OutofCiyResdent (pergravespace) 52,.000.00 MausoleumSpace $5,000.00 Temporaryo Grave Marker Notir Installed-Fine' $100.00 Operationc Center RoomF Rental Rates Large Assembly Room5pm.-1Opm) $100.00 Railroado Depotr Room Rental Rate Meeting Room (8a am.-5pm) $100.00 MeetingR Room5pm-IOpmy $50.00 Park Usage REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE50 Patton Park- Small Pavilion $25.00 per halfo day Patton Park- Large Pavilion (Mayt through September) $50.00 per halfday Patton Park- Field Usage for Organized Groups (per player pers season) $30.00 Patton Pool Daily Admittance Fee (adults) $5.00 Daily Admittance Fee (children) Byrsory youngerwill be free with adult) $4.00 Laps Swim $4.00 Paving Cut Repairs Mobilization/ /Base Fee (cutsi lesst than ore equalto 25square feet) $600.00 Repairf feep pers squaref foot, greater than 25s squaref feet $12.00/sqft Concrete &s Sidewalk Mobilization/Basel Fee (cuts lesst thanore equal to2 25squ $600.00 Concrete Curba and Sidewalk Replacement (W8S Cut Repairsp pers Sq fto over: $25.00/sft PERMITS Encroachment Permit Fee (asphalt & concrete cuts) $100.00 Encroachment Permit Fee (temporary sidewalk andr road closure) $50.00 Encroachment: Permit Violations- (Per Day)F For Unrepaired Encroachment $50.00 Notel 2:7 Thec City requires thei installations ofai temporary grave marker within 241 hours ofa burial. Faiture toi install a temporaryr marker identifyingt thec occupanto ofag graves siter resuitsi inc a $100.00f fine. ENVIRONMENTAL: SERVICES FEES General Sanitations Service Deposit $60.00 Smal! Speciall Load (collectedv withp pickupt trucka andc citys staff) $50.00 Medium Speciall Load (moret thand onep pickupt trucki load andt tipping fees adde $100.00 Large Special Loads (tippingf feea addedt to specialf fee) $150.00 Cart Switch OutF Fee (large carttos small carta ands smallo cart tol large cart) $30.00 Televsions/computer monitors -peri item $30.00 White Goods (washers, dryers, refrigerators, hot water heaters, etc) )- peri item $25.00 Special Event- -Cart Delivery, Pickup, andN Material Disposal-perc cartf fee $20.00 Commercial Wastea and Recycling Commercial Recycling (upt tof four 65gal. bins, collected once/week) $15.00per bin Commercial Recycling (upt tot four 65gal. bins, collectedt twice/week) $30.00 per bin Commercial Waste (pers 96gal bin) $30.00 per bin Commercial Wastea and Recycling (96gal. bin) $30.00p pers set of bins Residential Waste and Recycling Residential Waste- 32gal. $23.00 perb bin Residential Waste, Assisted- 32gal. $23.00 per bin Residential Waste and Recycling- -32gal. $23.00 pers set ofbins Residential Waste and Recycling. Assisted-3 32gal. $23.00p pers set ofbins Residential Waste- -96gal. $25.00 per bin Residential Waste,A Assisted- 96gal. $25.00 per bin Residential Waste and Recycling -96gal. $25.00 pers set ofbins Residential Waste and Recycling, Assisted- 96gal. $25.00 pers set ofb bins PENALTIES Utility Billl Late Fee LateFeesshall: net BASSARAS: accounts EnaEaeE4 - Steteefs - SgEs: thes - tebe aSERERASLE - stssSS--EE ter - mninatione efthestate ofe emercenert butshaHnetE etnsreRisS forthes periosoft SE 510.00 or 5% ofpast due balance, whicheveri isg greater Stolen/Damaged Cart Replacement Fee $100.00 Illegal Dumping Fee- Offensel 1 Warning Illegal Dumping Fee- Offense 2 $50.00 Illegal Dumping Fee- Offense 3 $100.00 Illegal Dumping Fee- Offense 4(+) $150.00 Note: Tset ofb bins includes Twaste andl Trecycling container. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE51 STORMWATER FEES Single-FamiyR Residentials StormwaterF Fee $7.00perr month Multi-UnitR Residentials StormwaterFee $7.00perunit per month Non-esidentaiPicperys Stormwater Fee.p per ERU' $7.00pern month Non-ResidentialP Properystormwater FeeCap $350.00pern month OR Non-ResidentialP Properystormwaters SOKCIEFSSO0OY 50%0 Credit Storrwaters ServiceCharge CreditA ApplicationFee $50.00 Pos.-Constructions Stormwater Management EReviewFee $500.00 EEAAMETUANTE (ERU)-300Osgf. Note2Non-Resdentid, properties are eligible Teretheroceporocmsir notboth. WATERESEWER WATER FEE nside Citylimits Base Chargeb byMeters Size 3/4 $10.76 SI09 15" $1891 2" $2589 3 $48.00 4 $77.09 6" $I6436 8 $193.45 Volumetricc Charges Residential Oto3,000gallons 5406perI000g gallor 3000to6000galons $541per 1000gallons 60001400Ogallns $6.76per1000g gallons 100ogalomsandgeate S8.2peri000gallors Commercialindistial Oto40,000galions S54peri000galons 000t0200Ogilvs SAlper1000galions 200,000g gallonsandgreater $54lperl 1000gallons trrigation Oto40.000g gallons S10B2per1000galors 40,000gallonsa andg greater S1136perl 1000gallons Dutside Citylimits Base Charge! byN Meters Size 3/4 SI.45 7 $1636 15" 52363 2 $3236 3 $60.00 4 $9636 6" $205.45 8 $24182 Volumetric Charges Residential Oto3.000gallors 5507perl 1000gallons 3000to6000galons Ss76perl000galions 6.000to1400Ogalles $846perl 1000 14,000gallonsa andgreater S1015per1000g gallo Commercialindustrial Oto40,000galions $676per1 1000gallo ns 40,000t0200,0009 gallons $67per1000galons 200,000gallonsa andgreater $676perl 1000gallons REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE52 Irrigation Oto40,000galons S153perl 1000galions op0gMlonsardges S4ZIperl 1000gallons Wholesale Basecharge! bys Meters Size 3/4 $I45 T" $1636 15" $2363 2" $3236 3 $60.00 4 $9636 6 $205.45 8 $24182 Volumetricc Charges Wholesale AllUsage S54iper1000gallons Bulkv Water AlIUsage 510.15per 1000gallons Public-schools BaseChargeperA Account 510.76 AIUsage S541perl 1000galion Waters System DevelopmentF Fees (effective January 1,2025) Residentials Single Family Dwelling (perunit.Heateds S4.FL) <1000sq $312.00 1000-1500sqft $3300 1501-2,000sg $340.00 2,001-2500sgf $361.00 2501-3000sqft $575.00 3001-3500sgft $40300 E50I-4.000sqf $43.00 4,000-sqft $498.00 Muti-FamiyMasterk Meter/perunit $22400 MobileH Home Park (per unit) $350.00 Non-Residential 3/4'meter $52400 T'meter $1.039.00 15'meter $2078.00 2'meter $.25.00 3'meter 5727500 4'meter $13.092.00 6meter $27,016.00 B'meter $58187.00 10'meter $8728100 rapsaConnections WaterMainTapands Service. 34Meter $1.625.00 WaterM MainTapa and Service. TMeter $1.700.00 - WaterMainT TapandService. 15'andzMeter Cost - Watsenin-SubO.rs 34 (install meter box andmeter) 5975.00 Waters Service- SMbOMTEEImEE boxa andmeter) $1.050.00 Waters Service -DropMeter, 4(nstallmeterc ronly, $350.00 - Waterse Service-DropM Meter,install meteronlyl $425.00 Waters Service-DropM Meter,>l" (InstallmeterandM MXUonly 15'Metera andSet-up $1960.00 2'Metera andSet-up $2.7500 3'Metera ands Set-up $2720.00 4Meterands Set-up $4,474.00 6'Metera ands Set-up 57500.00 8'Metera andSet-up 511620.00 IrrigationT Tee. 34installmetert boxandmeter) $975.00 Irigation Tee. T(installn metert boxa and meter) $1.050.00 REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE53 Water Service and Meter Pebocation/Reromnecton Charge (Residential Only) Cost, Nott to Exceed New TapF Fee Meters Turn On/Off/Set Meter During Businessh Hours $47.00 Turn On/Off/Set Meter After Businessh Hours $11750 Test Meter, at customersrequest (sl-in.ifmetert faulty-No Charge $45.00 Test Meter, at customersrequest (>1-in.j;ifn meterf faulty -No Charge Cost Miscellaneous) Water Fees Hydrant Flow/Pressure Test $175.00 ChemicalA Analysis of Water Cost Drill Water Mainf forT Tap $650.00 Water System Shutdownf for Connection $600.00 Fire Hydrant Installation Cost Small Meter BoxA Access Training Program Permit Fee (per Company) $75.00 pert training Small Meter Box Accessk Key, each $20.00 Premise Visit $40.00 Water Conservation! Incentives Program Rebates Customer-Side Shut-Offv Valve- Limit onep pera account upto$300.00 Weather-Basedi Irrigation System Controller- Limit one pera account 50%0 of purchasep priceors $200, whichever isless Residential High Efficiency Toilet- -Limit2 2pera account $50 pert toilet Commercial High Efficiency Toilet- Limit 4per account $50 per toilet EnergyStar High Efficiency Dishwasher- -Limito onep pera account $75 EnergyStar High Efficiency Washing Machine- -Limit one per account $100 Note: Limitedn numberfrebsi-oferese annually "Toiletsn must be 1gpforless PENALTIES UtilityBillLater Fee Late Feeschallnstt -- - Ecleclarec - Selnuencies predetinee - 1000or 5%0 ofpasto duel balance whicheveri isgreater sesEed - des - - buts shallnett ereastMeSRPiSS - SEWER FEE Inside City! Limits Base Chargeb by Meter Size 3/4" $1216 1 $14.75 1.5" $21.22 2" $28.98 3" $53.56 4 $86.90 6" $18295 8" $215.27 Volumetric Charges AIIU Usage $750 perl 1000 gallons Sewer Only-Flat Rate $40.66 perr month Outside City Limits Base Charge by Meter Size 3/4: $18.24 7" $2213 15 $31.83 2" $43.47 3" $80.34 4" $128.85 6" $27439 8" $32291 Volumetric Charges AIIU Usage $11.25 perl 1000 gallons Sewer Only-Flat Rate $60.99, perr month REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE54 wholesale E BasechrgelyMErS Size 3/4 $18:24 $2213 15" $3183 2* $43.47 3 $8034 * $128.85 6" $27439 8" $32291 Volumetricc charges AIlUsage $1.25per 1000gallor Publieschools - BaseChargeperA Account $1216 AllUsage 5750perl 1000galions MSDSewer BaseChargeperA Account SeeWholesale Charg AllUsage sn25per 1000gallons Sewers system Development Fees(effective Januaryl L2025) Residentials Single-r Family Dwellingt (pery unit, Heateds Sq.FL) <1000sqf $512.00 L000-1500sq 5547.00 1501-2000s4 $558.00 2.001-2500sqf 5593.00 2501-3000s4f $616.00 3001-3500sf $653.00 3501-4,000s4R $708.00 4,000-sq $818.00 Muiti-Family Master Meter perunit) $367.00 MobileHome Park (perunit) $575.00 Non- Residential 3/4'meter $.02400 T'meter $1.707.00 15'meter $3,414.00 2'meter 5546300 S'meter $11950.00 4'meter $21509.00 6'meter $44384.00 8'meter $95.596.00 10'meter $143.394.00 rapsandcomections FGAMySewerSenice Installation $1600.00 6'Cravitys Sewers Servicel Installation $2,000.00 B'GraviySewers Serviceinstallation $2,400.00 Surcharges Biocherical Oxygen DemandE (BODI.E per b.inexcessofz 250-mgl $031 Totals Suspendeds ESSPBETSY $0.19 AmmoniaNitrogen., peril hinexcesso sof30-mgl $185 iscellaneousFees Foods Servicess Sewer ConnectionA ApplicationFee $75.00 FCEPT $60.00 Industrial Pretreatment Program Cos GENERAL/ OTHER identialw Watera5ewerDepoi Terl-BsdonCedkt Risk $0.00 Tler2-BasadenCedER Risk $80.00 Tier3-Basedor onc Credit Risk $120.00 Customeru mBAtoP-LiyCrER check-F Residential $240.00 idential- Rental Wateras SewerD Deposit Tierl-Basedo fonCredit Risk $60.00 REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE55 Tier: 2- Basedo on Credit Risk $80.00 Tier3-E Basedo on Credit Risk $120.00 Customer unable top perform utility credit check- Residential Rental $240.00 Non-Residential Water & Sewer Deposit Tier1 1-5 Basedo ond Credit Risk $125.00 Tier 2- Based on Credit Risk $175.00 Tier3-Basedo on Credit Risk $250.00 Customer unablet toperform utilityc credit check-N Non-Residential $500.00 Engineering Review Fees AvailabilityA ApprovalF Fee $100.00 Extension Project Review Fee (water or sewer) $400.00 Extension Project Review Fee Cost pers sheet $15.00; per: sheet Extension Project Re-submittalf fee (secondr re-submittal) $200.00 Extension Project Re-submittalf fee (fourth re-submittal) $200.00 Extension Project Re-submittalf fee (sixthr re-submittal) $200.00 Waterl Line Inspections ($100r min) $3.00; perl lineari foot Sewer Line Inspections ($100r min) $6.00 perli linear rfoot Sewer Line CCTV Re-inspection $3.00p perli linearf foot (pern re-inspection) Recording Feesf for First UEA, Deedo of Dedication,or! Easement: Upt tol 15 pages $30p peri instrument Eacha additionalp page $4.10 Subsequentr recordingf feesf for UEA, Deedo of Dedication, or Easement $60 peri instrument Nonstandardo documentf fee $26p pern nonstandardi instrument Equipment Usage (hourly rates) Rubber-TiredE Backhoe, Small $49.41 Rubber-Tired: Backhoe, Large $58.73 Excavator, 8,000-lb, <40hp $48.97 Excavator, 12,000-lb, 40-89hp $96.16 Excavator, 30,000-lb, 90-143hp $100.52 VacTruck $95.06 Dump Truck (single-axle), Small $5598 DumpT Truck (single-axle), Large $7483 Dump Truck (duala axle) $9494 Dump Truck (triaxle) $96.03 Pick-Up Truck $16.68 Sewer: Jetter/Harben $3281 Cameral Truck $10482 AirCompressor $2032 Air Hammer/Pusher $1.40 Soill Tamp $43.36 PERMITS Non-discharge Permit Fee $300.00 SepticT Tank Waste DisposalPermit $75.00 PENALTIES Utility Bill Late Fee Batefeess - - --- declaree SE netsmensit Latefees fer delinguenciese Bredstingthes - tobe 510.00 or 5% ofp past due balance, whichever IS9 greater sesceC - - ssee frerandafters the date ef - buts shallnots DeretroactNaN: applied erergeney Failuret tol InstallE Backflow Assembly, Ist Notice $400.00 Failuret tol Install Backflow Assembly, 2nd Notice $500.00 Failuret tol Test Backflow Assembly Annually $100.00 Failuret to Replace/Repair Backflow Assembly $500.00 Falsifying Records Regardingt theT Testingo ofE Backflow Assemblies $500.00 IlegalUsec ofF Fire Hydrant $500.00+Damages "schedule of costs and rates maintained on file with the Utilities Department This amended fee schedule, adopted by this Ordinance, is hereby incorporated by reference into Section 8 of the FY Budget Ordinance. SectionI. Iti is the intention of the city council and it is hereby ordained, that the provisions of Section I: shall become and be made part of the FY25 Budget Ordinance. Section V. Effective Date This Ordinance shall be effective March 1, 2025. REGULAR. MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE56 Adopted by the City Council of the City of Hendersonville, North Carolina on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form:/ /s/Angela S. Beeker, City Attorney D. February 2025 Project Ordinances and Reimbursement Solutions Adam Murr, Budget & Eval Director Ordinançe #O-25-03 GRANT PROJECT ORDINANCE FOR THE EXECUTION, ACQUISITION, CONSTRUCTION,AND: INSTALLATION OF THE STATE AND LOCAL CYBERSECURITY GRANT PROJECT, #G2502 BEI IT ORDAINED by the Governing Board oft the City of Hendersonville, North Carolina that pursuant to Section 13.2 ofChapter 159 oft the General Statutes ofNorth Carolina, the following grant project ordinance is hereby adopted: Section 1: The project authorized is a City project described as the State and Local Cybersecurity Grant Project, #G2502. Section 2: The following amounts are appropriated for the project(s): Account Codes Account Name Total Budget Fund Dept. Account Project 301 1010 N/A G2502 SLCGP Grant Expenditures $199,286 Total Project Appropriation $199,286 Section 3: The following revenues are anticipated to be available via grant proceeds: Account Codes Account Name Total Budget Fund Dept. Account Project 301 0000 420050 G2502 Grant (SLCGP 2025) ($199,286) Total Project Appropriation ($199,286) Section 4: The Finance Director is hereby directed to maintain within the General Fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual agreements, if applicable. Section 5: Funds may be advanced from the Generall Fund asI necessary for the purpose of making payments as due. Reimbursement: requests shall be made in an orderly and timely manner. Section 6: The Finance Director is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and Section 4. Section 7: The Finance Director is further instructed to include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Board. Section 8: Copies of this grant project shall be furnished to the City Clerk, Finance Director, and City Manager for direction in carrying out this project. Section 9: The City Manager, or designee, is authorized to declare the project completed, close the project ordinance, and distribute remaining project funds to the appropriate operating fund or reserve fund. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 12th day ofl February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: Is/Angela S. Beeker, City Attorney REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE57 Resolution #R-25-10 HENDERSONVILLE, NORTH CAROLINA DECLARATION OF OFFICIAL INTENT TO REIMBURSE BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina, this declaration (the "Declaration") is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 and is intended to constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section. The undersigned is authorized to declare the official intent of HENDERSONVILLE, North Carolina (the "Issuer") with respect to the matters contained! herein. Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the "Expenditures") for EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE STATE AND LOCAL CYBERSECURITY GRANT PROJECT (#G2502), ORDINANCE #O-25-03 (the "Projects"). Plan of Finance. The Issuer intends toi financei the costs oft the Project(s) with the grant revenue to be issued byt thel Issuer (the "Borrowing"),t the interest on which is to be excluded from gross incomei for Federal income tax purposes. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance the Project is $199,286. Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the Expenditures incurred by it prior to the issuance of thel Borrowing. ADOPTED by the City Council oft the City of Hendersonville, North Carolina, on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: Is/Angela S. Beeker, City Attorney Ordinance #O-25-04 GRANT PROJECT ORDINANCE FOR THE EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE OUR STATE OURI HOMES GRANT! PROJECT, #G2504 BE. IT ORDAINED by the Governing Board of the City of Hendersonville, North Carolina that pursuant to Section 13.2 ofChapter 159 ofthe General Statutes ofNorth Carolina, the following grant project ordinance is hereby adopted: Section 1: The project authorized is a City project described as the Our State Our Homes Grant Project, #G2504. Section 2: The following amounts are appropriated for the project(s): Account Codes Account Name Total Budget Fund Dept. Account Project 301 1005 N/A G2504 Project Implementation Services $10,000 301 1005 N/A G2504 Travel Support $7,000 Total Project Appropriation $17,000 Section 3: The following revenues are anticipated to be available via grant proceeds: Account Codes Account Name Total Budget Fund Dept. Account Project 301 0000 420050 G2503 Grant (UNC-CH DFI) ($17,000) Total) Project Appropriation ($17,000) Section 4: The Finance Director is hereby directed to maintain within the General Fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual agreements, if applicable. Section 5: Funds may be advanced from the General Fund as necessary for thej purpose ofr making payments as due. Reimbursement: requests shall be made in an orderly and timely manner. Section 6: The Finance Director is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and Section 4. Section 7: The Finance Director is furtheri instructed to include a detailed analysis of! past and future revenues and expenses during each annual budget submission made to the Governing Board. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 58 Section 8: Copies of this grant project shall be furnished to the City Clerk, Finance Director, and City Manager for direction in carrying out this project. Section 9: The City Manager, or designee, is authorized to declare the project completed, close the project ordinance, and distribute remaining project funds to the appropriate operating fund or reserve fund. ADOPTED by the City Council oft the City of Hendersonville, North Carolina, on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: s/Angela S. Beeker, City Attorney Resolution #R-25-11 HENDERSONVILLE, NORTH CAROLINA DECLARATION OF OFFICIAL INTENT TO REIMBURSE BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina, this declaration (the "Declaration")i is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 and is intended to constitute a Declaration ofOfficial Intent to Reimburse under such Treasury Regulations Section. The undersigned is authorized to declare the official intent of HENDERSONVILLE, North Carolina (the "Issuer") with respect to the matters contained herein. Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the "Expenditures") for EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE OUR STATE OUR HOMES GRANT PROJECT (#G2504), ORDINANCE #O-25-04 (the "Projects"). Plan ofl Finance. The Issuer intends to finance the costs of the Project(s) with the grant revenue to be issued by the Issuer (the Borrowing"), the interest on which is to be excluded from gross income for Federal income tax purposes. Maximum Principal Amount of Debt to be Issued. The maximum principal amount ofthe Borrowing to bei incurred by thel Issuer to finance the Project is $17,000. Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itselfy with the proceeds of the Borrowing for any of the Expenditures incurred by itp prior to the issuance of the Borrowing. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /sl Angela S. Beeker, City Attorney Ordinance #O-25-05 CAPITAL: PROJECT ORDINANCE FOR THE EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE PATTON PARK & POOL AND WHITMIRE RENOVATION PROJECT, #24014 BE. IT ORDAINED by the Governing Board of the City of Hendersonville, North Carolina that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1: The project authorized is a City project described as the Patton Park & Pool and Whitmire Renovation Project, #24014. Section 2: The following amounts are appropriated for the project(s): Account Codes Account Name Total Budget Fund Dept Account Project 301 1014 N/A 24014 Contracted Services $250,000 Total Project Appropriation $250,000 Section 3: The following revenues are anticipated to be available: Account Codes Account Name Total Budget Fund Dept Account Project 301 N/A N/A 24014 FEMA Reimbursement ($250,000) REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE59 Total) Project Appropriation ($250,000) Section 4: The Finance Director is hereby directed to maintain within the General Fund and Governmental Capital Project Fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual agreements, ifa applicable. Section 5: Funds may be advanced from the General Fund and Governmental Capital Project Fund, as necessary for the purpose of making payments as due. Reimbursement requests shall be made in an orderly and timely manner. Section 6: The Finance Director is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and Section 4. Section 7: The Finance Director is further instructed to include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Board. Section 8: Copies of this capital project shall be furnished to the City Clerk, Finance Director, and City Manager for direction in carrying out this project. Section 9: The City Manager, or designee, is authorized to declare the project completed, close the project ordinance, and distribute: remaining project funds to the appropriate operating fund or reserve fund. ADOPTED by the City Council ofthe City of Hendersonville, North Carolina, on this 12th day ofl February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney Resolution #R-25-12 HENDERSONVILLE, NORTH CAROLINA DECLARATION OF OFFICIAL INTENT TO REIMBURSE BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina, this declaration (the "Declaration"): is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 andi is intended to constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section. The undersigned is authorized to declare the official intent of HENDERSONVILLE, North Carolina (the Issuer") with respect to the matters contained! herein. Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the Expenditures") for EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE 2024 PATTON PARK & POOL AND WHITMIRE RENOVATION PROJECT (#24014), ORDINANCE #O-25-05 (the "Projects"). Plan of Finance. The Issuer intends to finance the costs oft the Project(s) with the grant revenue to be issued byt the Issuer (the "Borrowing"),1 the interest on which is tol be excluded from gross income for Federal income tax purposes. Maximum Principal Amount of Debt to be Issued. The maximum principal amount oft the Borrowing to be incurred by the Issuer to: finance the Project is $250,000. Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itselfwith the proceeds oft the Borrowing for any of the Expenditures incurred by it prior to the issuance of thel Borrowing. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest:/s/Jill Murray, City Clerk Approved ast to form: /s/Angela S. Beeker, City Attorney Ordinance #O-25-06 GRANT PROJECT ORDINANCE FOR THE EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE 2024 CDBG NEIGHBORHOOD REVITALIZATION GRANT PROJECT, #G2503 BE IT ORDAINED by the Governing Board oft the City of Hendersonville, North Carolina that pursuant to Section 13.2 of Chapter 159 oft the General Statutes ofNorth Carolina, the following grant project ordinance is hereby adopted: REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 60 Section 1: Thep project authorized isa a City project described: ast the 2024 CDBG Neighborhood Revitalization Grant Project, #G2503. Section 2: The following amounts are appropriated for the project(s): Account Codes Account Name Total Budget Fund Dept. Account Project 301 1005 N/A G2503 CDBG Administrative Services $131,270 301 1005 N/A G2503 CDBG Rehabilitation Services $1,181,440 Total Project Appropriation $1,312,710 Section 3: The following revenues are anticipated tol be available via grant proceeds: Account Codes Account Name Total Budget Fund Dept. Account Project 301 0000 420050 G2503 Grant (2024 CDBG) ($1,312,710) Total) Project Appropriation ($1,312,710) Section 4: The Finance Director is hereby directed to maintain within the General Fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual agreements, if applicable. Section 5: Funds may be advanced from the General Fund as necessary for the purpose of making payments as due. Reimbursement: requests shall be made in an orderly and timely manner. Section 6: The Finance Director is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and Section 4. Section 7: Thel Finance Director is further instructed to include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Board. Section 8: Copies of this grant project shall be furnished to the City Clerk, Finance Director, and City Manager for direction in carrying outt this project. Section 9: The City Manager, or designee, is authorized to declare the project completed, close the project ordinance, and distribute remaining project funds to the appropriate operating fund or reserve fund. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 12th day of February 2025. Barbara G. Volk, Mayor Attest:/s/Jill: Murray, City Clerk Approved ast toi form: /s/Angela S. Beeker, City Attorney Resolution #R-25-13 HENDERSONVILLE, NORTH CAROLINA DECLARATION OF OFFICIALI INTENT' TO REIMBURSE BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina, this declaration (the "Declaration")i is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 and is intended to constitute a Declaration ofOfficial Intent to Reimburse under such Treasury Regulations Section. The undersigned is authorized to declare the official intent of HENDERSONVILLE, North Carolina (the "Issuer") with respect to the matters contained herein. Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the "Expenditures") for EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE 2024 CDBG NEIGHBORHOOD REVITALIZATION GRANT PROJECT (#G2503), ORDINANCE #O-25-06 (the Projects"). Plan of Finance. The Issuer intends to finance the costs of the Project(s) with the grant revenue to be issued by thel Issuer (the "Borrowing"),1 thei interest on which ist to be excluded from gross income for Federal income tax purposes. Maximum Principal Amount of] Debt to be Issued. The maximum principal amount of the Borrowing to bei incurred by the Issuer to finance the Project is $1,312,710. Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itselfwith the proceeds oft the Borrowing for any of the Expenditures incurred by it prior to the issuance of thel Borrowing. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 12th day ofl February, 2025. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 61 Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved ast to form: /s/Angela S. Beeker, City Attorney Ordinance #O-25-07 CAPITALI PROJECT ORDINANCE: FOR THE EXECUTION, ACQUISITION, CONSTRUCTION,, AND INSTALLATION OF THE OAKDALE CEMETERY MPROVEMENTS PROJECT, #25000 BE IT ORDAINED by the Governing Board of the City of Hendersonville, North Carolina that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1: Thej project authorizedi is a City project described: as the Oakdale Cemetery Improvements Project, #25000. Section 2: The following amounts are appropriated for the project(s): Account Codes Account Name Total Budget Fund Dept Account Project 410 1525 N/A 25000 Capital Outlay- CIP $29,000 Total Project Appropriation $29,000 Section 3: The following revenues are anticipated to be available: Account Codes Account] Name Total Budget Fund Dept Account Project 410 0000 N/A 25000 Transfers In ($29,000) Totall Project Appropriation ($29,000) Section 4: The Finance Director is hereby directed to maintain within the General Fund and Governmental Capital Project Fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual agreements, if applicable. Section 5: Funds may be advanced from the General Fund and Governmental Capital Project Fund, as necessary for the purpose of making payments as due. Reimbursement requests shall be made in an orderly and timely manner. Section 6: The Finance Director is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and Section 4. Section 7: The Finance Director is further instructed to include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Board. Section 8: Copies of this capital project shall be furnished to the City Clerk, Finance Director, and City Manager for direction in carrying out this project. Section 9: The City Manager, or designee, is authorized to declare the project completed, close the project ordinance, and distribute remaining project funds to the appropriate operating fund or reserve fund. ADOPTED by the City Council oft the City of Hendersonville, North Carolina, on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved ast to form: s/Angela S. Beeker, City Attorney Resolution #R-25-14 HENDERSONVILLE, NORTH CAROLINA DECLARATION OF OFFICIAL INTENT TO REIMBURSE BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina, this declaration (the "Declaration")i is made pursuant to the requirements of the United States" Treasury Regulations Section 1.150-2 and is intended to constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section. The undersigned is authorized to declare the official intent of HENDERSONVILLE, North Carolina (the "Issuer") with respect to the matters contained herein. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 62 Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the "Expenditures") for EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE OAKDALE CEMETERY IMPROVEMENT PROJECT (#25000), ORDINANCE #O-25-07 (the Projects"). Plan of Finance. The Issuer intends to finance the costs ofthe Project(s) with the grant revenue tol be issued byt thel Issuer (the Borrowing", ), the interest on which is tol be excluded from gross income for Federal income tax purposes. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance the Project is $160,000. Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the Expenditures incurred by it prior to the issuance of the. Borrowing. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney Ordinance #O-25-08 CAPITALI PROJECT ORDINANCEFOR THE EXECUTION, ACQUISITION, CONSTRUCTION,AND INSTALLATION OF THE DOWNTOWN CAMERA: PROJECT, #25001 BE IT ORDAINED by the Governing Board of the City of Hendersonville, North Carolina that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1: Thej project authorized is a City project described as the Downtown Camera Project, #25001. Section 2: The following amounts are appropriated for the project(s): Account Codes Account Name Total Budget Fund Dept Account Project 410 1010 25001 Capital Outlay- CIP $75,000 Totall Project. Appropriation $75,000 Section 3: The following revenues are anticipated to be available: Account Codes Account Name Total Budget Fund Dept Account Project 410 0000 470100 25001 Transfers In (from 010) ($75,000) Total Project Appropriation ($75,000) Section 4: The Finance Director is hereby directed to maintain within the General Fund and Governmental Capital Project Fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual agreements, if applicable. Section 5: Funds may be advanced from the General Fund and Governmental Capital Project Fund, as necessary for the purpose ofr making payments as due. Reimbursement requests shall be made in an orderly and timely manner. Section 6: The Finance Director is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and Section 4. Section 7: Thel Finance Director is further instructed: to include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Board. Section 8: Copies of this capital project shall be furnished to the City Clerk, Finance Director, and City Manager for direction in carrying out this project. Section 9: The City Manager, or designee, is authorized to declare the project completed, close the project ordinance, and distribute remaining project funds to the appropriate operating fund or reserve fund. ADOPTED by the City Council oft the City of Hendersonville, North Carolina, on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 63 Resolution #R-25-15 HENDERSONVILLE, NORTH CAROLINA DECLARATION OF OFFICIAL INTENT TO REIMBURSE BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina, this declaration (the "Declaration" ") ist made pursuant to the requirements oft the United States Treasury Regulations Section 1.150-2 and is intended to constitute al Declaration ofOfficial Intent to Reimburse under such Treasury Regulations Section. The undersigned is authorized to declare the official intent of HENDERSONVILLE, North Carolina (the "Issuer") with respect to thei matters contained herein. Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the Expenditures") for EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE DOWNTOWN CAMERA PROJECT (#25001), ORDINANCE #O-25-08 (the Projects"). Plan of Finance. The Issuer intends to finance the costs of the Project(s) with the grant revenue to be issued byt thel Issuer (the' Borrowing" "), thei interest on which is tol be excluded: from gross incomei for Federal income tax purposes. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance the Project is $150,000. Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itself with the proceeds oft the Borrowing for any of the Expenditures incurred by it prior to the issuance of thel Borrowing. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: Is/Angela S. Beeker, City. Attorney E. Resolution to Accept Funding Community Development Block Grant Neighborhood Revitalization, for the FY24-25 Funding Cycle - Angela S. Beeker, City Attorney Resolution #R-25-16 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL. AUTHORIZING THE ACCEPTANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD REVITALIZATION FUNDING WHEREAS, the City ofHendersonville City Council has previous approved the application for 2024 Community Development Block Grant Neighborhood Revitalization Funding (CDBG-NR), having held two public hearings as required; and WHEREAS, the City has been awarded $1,312,710.50 in CDBG-NR by the NC Department of Commerce, Rural Economic Development Division, and WHEREAS, the City has received a Grant Agreement to govern the use of the CDBG-NR funds for neighborhood revitalization purposes; NOW THEREFORE, BE ITI RESOLVED, by the City Council of the City of Hendersonville that: 1. The City Councill hereby accepts the CDBG-NR funding in the amount of $1,312,710.50 from the NC Department of Commerce, Rural Economic Development Division, and the Grant Agreement is approved as presented. 2. The Mayor or Mayor Pro Tem is authorized to execute the Grant Agreement on behalf oft the City of Hendersonville. 3. The City Manager and City staff are authorized to take such actions as are reasonably necessary to carry out thet terms of the Grant Agreement, in consultation with the City Attorney. Adopted by the City Council of the City of Hendersonville, North Carolina on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved ast to form: /s/ Angela S. Beeker, City Attorney REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE64 6. PRESENTATIONS A. Quarterly MVP Recipients John Connet, City. Manager City Manager read aloud why each person was chosen as MVP and Mayor Pro Tem Jennifer Hensley handed out the certificates Jill Murray, Ross Henderson, Tom Wooten and Allison received hers afterwards as she was not able to attend the meeting. Quarterly MVPs = 1 a & October- = December: 2024 The Service Excellence Design Team voted on the 23 MVPs submitted and the following three 1847 received the highest votes. Jill Murray (Administration) and Ross Henderson (Public Works) Inj preparation of the downtown Christmas parade, Jill and Ross stepped up top put the float together using a trailer from the Police Department and a variety of decorations.. As this was thei first time the City hosted a float, and having a short window of time, they pulled everything together to allow City Council to represent the City well, notably the only elected officials not riding in a car or truck. Ross also handled the generator and drove the float. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 65 Tom Wooten (Public Works) During the peak of Hurricane Helene, Tom went above and beyond to assist a woman who came to Fire Station 1after being displaced from her Airbnb. She had been sent a photo of her new rental in Downtown, but with noa address. With the help of Google Maps street view, Tom patiently pinpointed the location, provided written directions, and even drew her a map to ensure she could findi it. His calm, professional demeanor was a great example of outstanding service during a chaotic time. Allison. Justus Communications) Allison facilitated andl led a groundbreaking Spanish-first listenings session at Immaculate Conception Catholic Church fort the Hispanic community in Hendersonville. Shep partnered with multipler nonprofits, including True Ridge, EIC Centro, and MountainTrue'sk Healthy Communities Program, translate materials and providei interpreters and handsets or attendees. Allison personally opened the meeting with introductions in both ands Spanish, creatinga welcoming atmosphere Fgee everyone. This sessiona achieved thel largest community turnout ofa allt the Affordable Housing Listening Sessions, a testament tot the impact of her inclusive approach. advocating foral language-specific: session outside the CE staff's typical English-language framework, Allisont took a bold step top prioritize and celebratet the voices of our Hispanic community." The event wasa a: success, andi the community expressed gratitude for her efforts! B. Presentation of the Sustainability Plan Annual Report - Caitlyn Gendusa, Public Works Seprhmemdemsasrahaly, Caitlyn Gendusa gave a brief update on the Sustainability Strategic Plan and showed the following PowerPoint. Sustainabilty Strategic Plan Annual Report a BEET HY TATTO 2024 E REGULAR: MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE66 5) Goal: Reducee demandf from municipall buildings & Energy increaset EPPgYCes theà ofr renewable energy utilized Goal: Transitiont toe electrica andl low emissiony vehicles andfuel while Transportation ensuringt therei isa robusta ands safe walkable and! bikeable city. a Waste Goal: Reducet thea amount ofs solid waste: sendtot the landfill through recycling. composting. andother waster reductione efforts Management Land Increasea ande enhancel Hendersonville's green spacesw whilei improving Goal: treec canopyo cover, protectingb biodiversity. promotingo Management recreation. andi improvingt the overall health ando character cTa our City. Goal: Ensureas safe andr reliable drinkingy waters supply fora allo citizens Water while preserving: andp protecting naturala laquaticr resources. Energy G Highlights: $27,600 Energy efficiency projects In! Duke Energy rebates for o Building automations system at City Hall energy efficiency projects Insulation at fleet washbay LEDL lighting at Whitmire Building 2 Adopted Sustainable Facilities Policy Solar projects: 1 installed Completed first rooftop: solar project on FS1 and: 1 approved anda approved another solar installation at W&S Biosolids facility 23% 85% City building energy benchmarki report Reduction in electricity Rei tio on natura ral gas completed from building automation: system at City Hall - Transportation E Completed propane vehicle test pilot Bicycle & Pedestrian Infrastructure Staff Committee assembled Sidewalki improvements . Progress towards formalizing a sustainable fleet transition policy and investigating grant opportunities for electric vehicle fast charger Highlights: 32% Average cost savings from: switching toy propane for City, vehicles REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE67 Waste Highlights: Management $40,000 Waste reduction grant Grantr received for improving waste awarded contamination: and recycling rates - delayed due to Hurricane Helene & estimated to begins spring 1st 2025 Compost demonstration Sustainability (compost) Demonstration Station station and pilot drop off initiated by Environmental Sustainability Board location created Approval of W&S biosolids dryer to reduce biosolid waste Land Highlights: Management $50,000 In grant and City funds Adopted ammended tree canopy ordinance devoted to the Brooklyn establishing additional requirements for the Community Garden protection of street trees within the City limits. 621 trees planted as part of Tree Board's Years as a Tree Neighborwoods Program 34 City USA member Pollinator planting, wildlife habitat improvements 10 Years as a Bee &i invasive species removal City USA member Year as a Caregivers Progress on Brooklyn Community Garden - of Mother Earth revitalization and expansion project member Water Highlights: 18,761 Reinstated water conservation rebate program Gallons of water/year Greeni infrastructure on 7th Ave savedi in water conservation rebates Educational efforts o 330 students participated in educational $1.4 million programs 81 new educational signs installed throughout Ins stream restoration grant the City funds awarded 30 stream cleanup events o 73staffr members trained on stormwater management REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE6 68 Energy 2025 What's next? Upcoming projects include: Projects Investigatinga additional building automation. systems at City buildings Makingh headway on biosolids dryer solar installation Transportation Othere energy efficiency projects. Upcoming projectsi include: Waste Management - Formalizinga a: sustainablef fleet transition policy Expandinge electric vehicle charging Upcoming - Waster reduction projectsi include: granti implementation: analyzing infrastructure recyclingr rates and curtailing contaminationt rates Expansiono of compostingr programs and opportunities Land Management Upcoming projectsi include: Water - Expansion andr revitalization effortsf for Brooklyn Community Garden Upcoming projectsi include: Expandp pollinator landscaping andt tree - Rainwater harvestings systema atf fleet maintenance plantings Lower Mud CreekF Floodplainr restoration Continuation ofv water conservationn rebatep program and educational programs Sustainability Strategic Plan 30 By 35 By2 2035 reduce uni icipalg gas ns by3 30% froma a2021b baseline Track the plan's progress CE Visit: hendersonvllenc.govsustainabilty strategic-plan plan's progress C. MVP of the Year John Connet, City Manager City Manager read aloud why the two gentlemen were chosen as MVP's oft the Year and Mayor Pro Tem Jennifer Hensley handed out the certificates to Mr. Mendosa and Mr. Hensley. For Deon Mendosa and Brian Hensley, it was, just another day on their Environmental: Services route. Earlier, they hads stopped at a particular residence, but as they passed by again after completing their rounds, something caughtt their attention. The resident was lying on the ground, still secured in hert tipped-over wheelchair. She told them she had been stuck there for around 20 minutes. Without hesitation, they made sure she was okay, assisted in gettingh her wheelchair upright, and stayed by her side until EMTS and thel Fire Department arrived. First responders noted that the twor remained with her until everything was handled, ensuring she was okay. When asked aboutt the incident, they simply said, "Att that moment, ourj job wasn'tt the priority. It was making sure she was okay." Their quick thinking and compassion exemplify the best of team Hendersonville. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 69 7. PUBLIC HEARINGS A. Annexation: Public Hearing Upward Road (LBH Property Holdings LLC) (C24- 91-ANX - Tyler. Morrow, Current Planning Manager Tyler Morrow explained that the City ofHendersonville received a petition from LBH Property Holdings LLC for satellite annexation of PIN 9577-89-9886 located on Upward Road that is approximately 0.08 acres. On January gth 2025, City Council accepted the City Clerk's Certificate of Sufficiency for the petition and set February 12th, 2025, as the date for the public hearing. Upward Road (LBH Property Holdings LLC) (C24-91-ANX) Satellite Annexation Petition City of Hendersonville City Council February 12th, 2025 Community Development Planning Division Tyler Morrow Current Planning Manager Background 9 UpwardRoad/LEHF PH) Petitioner: PIN: C24-91-ANX 9577-89-9886 Acreage: :0.08 LBHF Property Holdings LLC AnnezatonMap PIN: SubjectF Property MunicipalE Boundaries + 9577-89-9886 FLATE ROCK MENDERSONVILLE + Acreage: + Approximately 0.08 acres (3637 square feet) + Previous Annexation + PIN:9577990735 August 1st, 2024 REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 70 TFSETON DS PRELIMINARY THE CITY OF FENDERSONVILLE noOK TAPEFTe. : IMEKDETESONVINE T : * - DECEABER - Re > m > - FEa E - : B = - E E - % h& - E - E E - - - - , - - E - : E 3637 FOR-ANNEKATION SQ. FT. (TOTAL) iwwi - E En LL AND E - The public hearing was opened at 6:20 p.m. There were no public comments. The public hearing was closed at 6:20 p.m. Council Member Melinda Lowrance moved City Council adopt an ordinance of the City of Hendersonville to annex noncontiguous property owned by LBH Property Holdings LIC, identified as PIN 9577-89-9886, finding that the standards established by North Carolina General Statute 160A-58.1 have been satisfied and that the annexation is in the best interest of the City. A unanimous vote of the Councilfollowed. Motion carried. Ordinance #O-25-09 AN ORDINANCE OF THE CITY OF HENDERSONVILLE CITY COUNCIL TO EXTEND THE CORPORATE LIMITS OF THE CITY AS A SATELLITE ANNEXATION Re: Petition for Satellite. Annexation Petitioners: LBH Property Holdings LLC (Lyndon Hill, Manager) File No. C24-91-ANX WHEREAS, The City ofHendersonville) has been petitioned by LBHI Property Holdings LLC(Lyndon Hill, Manager) pursuant to North Carolina General Statutes (NCGS) 160A-58.1, as amended, to annex the area described herein below; and, WHEREAS, the City Clerk has investigated and certified the sufficiency of said petition; and, WHEREAS, a public hearing on the question of this annexation was held at City Hall at 160 6th Ave. E., Hendersonville, NC at 5:45 pm, on the 12th day ofE February 2025, after due notice by publication as provided by law on January 26, 2025; and WHEREAS, the City Council further finds the areas described thereini meets the standards ofN.C. G.S. 160A-58.1(b), to wit; 1. The Petition includes a metes and bounds description of the area proposed for annexation and has attached ai map showing thej proposed satellite area. 2. The nearest point on the proposed satellite corporate limit is approximately 2450' from the primary corporate limits oft the City of Hendersonville, which is less than 31 miles. 3. The Petitioni includes thei names and addresses and signatures ofall owners ofr real property lying int the area described therein, except those not required to sign by G.S.160A-58.1 (a). 4. No point on the proposed satellite corporate limits is closer to the primary corporate limits of another city than to the primary corporate limits of Hendersonville (Village of Flat Rock approximately 3400'). REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE71 5. The area is situated sO the City will be able to provide the same services within the proposed corporate limits that is provided within the primary corporate limits. 6. The area proposed for annexation is not subject to subdivision regulation as described N.C.G.S. $ 160D-802 7. The total area within the proposed satellite corporate limits, when added to the area within all the other satellite corporate limits of the City, does not exceed ten (10%) of the area within the primary corporate limits ofthe City. 8. The area for annexation meets all other requirements defined in NC 160A-58.54 regarding the character oft the area to be annexed. WHEREAS, the City further finds that thej petition has been signed by all the owners ofr real property in the area who are required by law to sign; and WHEREAS, the City further finds that the petition is otherwise valid, and that the public health, safety and welfare oft the City and of the area proposed for annexation will be best served by annexing the area described; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hendersonville, North Carolina: 1: By virtue of the authority granted by N.C.G.S. 160A-58.2, as amended, the following described noncontiguous area is hereby annexed and made part of the City of Hendersonville as oft the twelfth day of February 2025. Being all of that real property consisting of PIN 9577-89-9886 described in the plat recorded in Book 2025- [to be inserted at recording of the plat] of the Henderson County Registry, said PIN 9577-89-9886 being described by metes and bounds as follows: Portion of right of way for Upward Road, S.R. 1783, Project Reference No. R-4430, Project 6.806223 and Project 6.952418. Right ofWay found in Deed Book 799, Page 509. Beginning at an Aluminum Cap Right of Way Monument standing 61.65 feet right of Line "L" at station 45+50.42. Thence: a New Line North 60 degrees 01 minutes 21 seconds East a distance of 78.92 feet to a #5 Rebar with Aluminum Right of Way Cap set. Standing South 60 degrees 01 minutes 21 seconds West a distance of49.69: feet from an Aluminum Capl Right ofWay Monument: standing 58.09 feet right ofLine "L" at station 46+85.85. Thence a New Line South 55 degrees 01 minutes 44 seconds East a distance of23.37 feet to a #5 Rebar with Aluminum Right of Way Cap set. Thence with existing Right of Way South 32 degrees 00 minutes 33 seconds West a distance of 92.76 feet to an Aluminum Capl Right of Way Monument standing 126.55 feet right of Line "L" at station 45+56.09. Thence with existing Right of Way North 36 degrees 051 minutes 01 seconds West a distance of65.11 feet to the Point and Place ofl Beginning. Containing 3637 square feet. 2: Upon and after the twelfth day ofFebruary 2025, the above-described territory, and its citizens andj property shall be subject to all debts, laws, ordinances and regulations in force in the City of Hendersonville and shall be entitled to the same privileges and benefits as other parts of the City of Hendersonville. Said territory shall be subject to municipal taxes according to NCGS 160A-58.10, as amended. 3. The Mayor oft the City ofl Hendersonville shall cause to be recorded in the office of the Register ofDeeds of Henderson County and at the Office ofthe Secretary of State in Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1, above, together with a duly certified copy ofthis ordinance. Such ai map shall also be delivered to the Henderson County Board of Elections, as required! by G. S. 163-288.1. Adopted by the City Council of the City of Hendersonville, North Carolina on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved ast to form:/s/Angela S. Beeker, City Attorney B. Annexation: Public Hearing Old Sunset Hill Road (Taylor & Albea) (C24-56-ANX Tyler. Morrow, Current Planning Manager Tyler Morrow explained that the City of Hendersonville received a petition from Gregory Albea, Julianne Albea, Joseph Taylor, and Laura Taylor for contiguous annexation of PINS 9579-98- 0375, 9579-98-3527, 9579-99-4115, and 9579-99-8724 located on Old Sunset Hill Road that is approximately 21.32 acres. On January gth 2025, City Council accepted the City Clerk's Certificate of Sufficiency for the petition submitted and set February 12th, 2025, as the date for the public hearing. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE72 Old Sunset Hill Road (Taylor & Albea) (C24-56-ANX) Contiguous Annexation Petition City of Hendersonville City Council February 12th, 2025 Community Development Planning Division Tyler Morrow Current Planning Manager Background a 9 1i Petitioners: oldSunsetHIIRoad C24-56-ANX Gregory Albea PINS:9 9579-98-0375. 3527, 9579-99-4115, -8724 Julianne Albea CamtpeusAmesfonlh, Acreage: 21.32 Joseph Taylor MenderemileCW/lmts Laura Taylor HendersonileE ETJ SubjectF Property + PIN: + 9579-98-0375 + 9579-98-3527 + 9579-99-4115 + 9579-99-8724 + Acreage: + Approximately 21.32 acres REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 73 AEEXE - E PRELS SMEFIARY E NOTYOR SLES, : COMVETHCES # OR RECURDING E a E - - a - - F - : o : - A E H - d - - - a HENDE E SCLD HOLMES The public hearing was opened at 6:22 p.m. There were no public comments. The public hearing was closed at 6:22 p.m. Council Member Lyndsey Simpson moved City Council adopt an ordinance of the City of Hendersonville: to extend the Corporate Limits ofthe City as a contiguous annexation, to annex that property owned by Gregory Albea, Julianne Albea, Joseph Taylor, and Laura Taylor, identified as PINS 9579-98-0375, 9579-98-3527, 9579-99-4115, and 9579-99-8724,findmg that the standards established by. North Carolina General Statute 160A-31 have been satisfied and that the annexation is in the best interest oft the City. A unanimous vote ofthe Councilfollowed. Motion carried. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE74 Ordinance #O-25-10 AN ORDINANCE OF THE CITY OF HENDERSONVILLE CITY COUNCIL TO EXTEND THE CORPORATE LIMITS OF THE CITY AS A CONTIGUOUS ANNEXATION INI RE: Petition for Contiguous Annexation Petitioners: Gregory Albea, Julianne. Albea, Joseph Taylor, and Laura Taylor File No. C24-56-ANX WHEREAS, The City of Hendersonville has been petitioned by Gregory Albea, Julianne Albea, Joseph Taylor, and Laura Taylor, pursuant tol North Carolina General Statutes (NCGS) 160A-31, as amended, to annex the area described herein below; and WHEREAS, the City Clerk has investigated and certified the sufficiency of said petition; and, WHEREAS, a public hearing on the question of this annexation was held at 160 6th Ave E. (City Hall), Hendersonville, NC at 5:45 pm, on the 12th day of February 2025, after due notice by publication as provided by law on. January 26th 2025; and WHEREAS, the City Council further finds the areas described therein meets the standards ofN.C. G.S. 160A-31. WHEREAS, the City further finds that the petition has been signed by all the owners of real property in the area who are required by law to sign; and WHEREAS, the City further finds that the petition is otherwise valid, and that the public health, safety and welfare oft the City and of the area proposed for annexation will be best served by annexing the area described; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hendersonville, North Carolina that: 1: By virtue of the authority granted by N.C.G.S. 160A-31, as amended, the following described contiguous area is hereby annexed and made part of the City of Hendersonville as of the 12th day ofFebruary 2025. Being all oft that real property consisting of PINS 9579-98-0375, 9579-98-3527, 9579-99-4115, 9579-99-8724 described in the plat recorded in Book 2025- [tol be inserted at recording oft the plat] oft the Henderson County Registry, said PINS 9579-98-0375, 9579-98-3527, 9579-99-4115, 9579-99-8724 being described by metes and bounds as follows: Being all ofthose certain parcels of land lying and being in Clear Creek and Blue Ridge Townships, Henderson County, North Carolina; being the same properties described in the "Tract 2" subsection of "Exhibit. A" in Deed Book 4026, Page 272; being aj portion oft that property as described in DB 3664, Page 522; and being more particularly described as follows: BEGINNING at a 3/4" opent top pipel lying on the southern line ofthe Triangle Ballantyne Hendersonville, Inc. (hereinafter Triangle") property as described in DB 1601, Page 205; said pipe also lying on the existing CITY LIMITS ofthe City ofHendersonville;: and said pipel having "NAD 83 (2011)" coordinates ofN:5 599,590.75 feet and E: 979,199.05 feet and lying a grid bearing and distance of North 67°17'22" East 3954.96 feet from NGS Monument "Hendersonville AZMK" (with coordinates of N:: 598,063.83 feet and E: 975,550.74 feet); thence from said POINT OF BEGINNING with the CITY LIMITS and with the: southern Triangle line the following 5 (five) calls: North 83°25'32" East 179.86: feet to a 1/2" open top: pipe; North 8302735" East 132.08 feet to a 1/2" opent top pipe; North 83°26'11" East 128.78 feet to a 1/2" open top pipe; North 83044'09" East 140.14 feet to a 1/2" open top pipe; North 10°38'23" West 155.24 feet to a 3/4" open top pipe lying on the southern line of the Forestar (USA) Real Estate Group, Inc. (hereinafter "Forestar") property as described in DB 4112, Page 700; Thence continuing with the CITY LIMITS and with said Forestar line North 78°10'47" East 134.76 feet toa 5/8" rebar with cap lying at the northwest corner oft the remaining Taylor property as described in DB3 3664, Page 522; thence leaving the CITY LIMITS with the western Taylor line South 10038'23" East 168.07 feet to a 5/8" rebar with cap; thence North 83037'35" East (passing a 5/8" rebar with cap at 82.41 feet) a total distance of112.41 feet to a planted stone; thence continuing with the Taylor line and with the Runk line as described inl DB 1398, Page 390 on a bearing of South 26°24'47" West (passing a 5/8" rebar with cap at 30.00 feet) a total distance of 1038.40 feet to a 1/2" crimped top pipe lying at the northwest corner of another Runk property as described inj DB 991, Page 228; thence with the second Runk line South 05050'01" West (passing a 5/8" rebar with cap at 19.23 feet) ai total distance of 199.69 feet to a 1/2" open topi pipel lying at the northeastern corner ofthe Nolen line as described in Will Book 86E, Page 9, and also lying at the northwestern corner of another Runk property as described in DB 991, Page 228; thence with said Nolen line South 88°34'58" West 225.92 feet to a 1/2" open top pipe; thence South 01953'55" West 111.35 feet to a 3/4" open top pipe; thence South 44045/29" Bast 66.33 feet to a 1/2" open top pipe lying at the northern corner oft the. Albeaj property as described in DB 4026, Page 269; thence with said Albea line South 45°17'09" West 114.15 feet to a 1/2" open top pipe lying at the northern corner of the "1.00 acre" Albea property as described in DB 4026, Page 272; thence with said Albea line South 43°20'24" West (passing a 1/2" open top pipe at 276.12 feet) a total distance of306.17 feet to an unmarked point lying in the center ofOld Sunset Hill Road (S.R. 1744); thence with the centerline of Old Sunset Hilll Road the following 2 (two) calls: North 66°27'25" West 200.96: feet to an unmarked point; REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE75 On a curve to the left having ai radius of731.14 feet, an arc length of 79.49 feet, a chord bearing ofNorth 69034'17" West, and a chord distance of 79.45 feet to an unmarked point lying at the southeast corner of thel Newellj property as described inl DB 3372, Page 421; Thence leaving Old Sunset Hill Road with the Newell line, and with the eastern line of the Conner Creek MHP, LLC line as described in DB 4052, Page 640, and with said southern Triangle line on a bearing of North 15041'44" East (passing a 3/4" open topi pipe at 30.47 feet, passing a 1/2" open top pipe at 177.56 feet, passing a 1/2" open top pipe at 279.121 feet, passing a 1/2" open top pipe at 356.53 feet, passing a 3/4" open top pipe at 894.02 feet, and passing a 3/4" open top pipe at 1140.25 feet) a total distance of 1448.521 feet (the last 308.27: feet running with the CITYI LIMITS) to the POINT AND PLACE OF BEGINNING, containing 21.32 acres, more or less. 2: Upon and after the twelfth day of February 2025, the above-described territory, and its citizens and property shall be subject to all debts, laws, ordinances, and regulations in force in the City of Hendersonville and shall be entitled to the: same privileges and benefits as other parts ofthe City of Hendersonville. Said territory shall be subject to municipal taxes according tol NCGS 160A- 58.10, as amended. 3. Thel Mayor of the City of Hendersonville shall cause to be recorded in the office of the Register of Deeds of Henderson County and at the Office ofthe Secretary of State in Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1, above, together with a duly certified copy oft this ordinance. Such a map shall also be delivered to the Henderson County Board of Elections, as required by G. S. 163- 288.1. Adopted by the City Council of the City of Hendersonville, North Carolina on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney C. Zoning Text Amendment: RV' Temporary use Permit (P24-083-ZTA) - Sam Hayes, Planner II Sam Hayes explained that City staff is] proposing revisions to the City's zoning ordinance to support post-disaster recovery. Thel key changes focus on permitting the temporary use of recreational vehicles (RVs) for shelter. Staff believes these changes will not only assist individuals still recovering from the aftermath of Hurricane Helene but will also provide support in the future if and when new storms impact the City. The planning board recommended the. ZTA for approval. RV Temporary Use Permit (Storm Recovery) (P24-083-ZTA) Zoning Text Amendment City of Hendersonville City Council Meeting February 12th, 2025 Community Development I Planning Division Sam Hayes Planner II Project Background Applicant: City of Hendersonville Planning Staff Proposed Changes: City staff are proposing changes to our zoning ordinance to enable récréational vehicles to be used as temporary housing (Sec 8-3, 12-2) Applicant/Staff Reasoning: Staff is proposing these changes in response to Hurricane Helene and the post-disaster response. Staff has a desire to enable individuals the ability to utilize RVs on a temporary basis as shelter in the aftermath of storms. REGULAR: MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE76 Recreational Vehicle (RV) Use Permit Temporary Staff Recommended Code Revision Sec. 34-4. Parking: ands storage ofr recreation vehicles. (a) Parkingo ofther recreation vehicless shall be prohibited, excepti in driveways, within the requiredf front yarda area, and subject to the requirements oft this chapter. Thes sidey yard: areas may! bet used for parkingo ofs suchy vehicles ina accordance with the provisions oft this chapter. (b)R Recreation vehicles may be useda and maintained: as at temporary shelter or office located ona a constructions site duringt the actual period of construction ons such site; provided, however,t thatt they vehicless shall ber removedt therefrom within 721 hours nextf following completion oft the construction processes. (C)Oneu unoccupiedr recreationy vehicle mayb bep parked or otherwise locatedi ina anya accessory private garage building, ori inar rear or sidey yard of an occupied dwelling; provided, however, thatr no livingors sleepingo quarterss shall ber maintained, or any! business located in, or carried on, or otherwise fosteredir int thet trailer recreationalvehicey whilei itissop parked, located ors stored. (d)Arecreationv vehicle with self-c -containedf facilitiesr may! bet temporarily parkedo or located, occupied or unoccupied, within the! boundaries of districts zoneda ando designatedu under thez zoning ordinance oft the city asr residentiala areas, neighborhoodt tradinga areas, or industrial districts, or MIC1 fora period note exceeding? 721 hours; provided, however, thatap permiti is obtainedf froma andi issued dbyt thec code enforcement officer priort tot thep parkingo or location of ther recreation vehicle; provided, further, thatifthec code enforcement officers shallf failt toi issues such permit after prompt anda appropriate application therefor,t thea applicant shall havet the rightt to appeal the decision oft the code enforcement officer to the entire eitycouneil zoning! boardofa adjustment. (e) Recreationy vehiclesr may! beu used andn maintaineda asatemporarys shelter or officet fort thes sale ofa agricultural products such as crops, fruits, vegetables, ornamentala andf flowering, plants or trees anda allo other forms of agricultural products, provided. thatt therea are no livingo or sleeping quarters maintained ins suchr recreation vehiclec durings such temporary use.A At temporary usep permits shallb be obtainedf from the code enforcement officer fors such uset fora specifiedp period. oft time note exceedings 90 days. Ones such permitr mayk bei issued withina: 12-month period. Theu usea andoccupancy! limitationsc containedi int thiss Section3 34-45 shallnota applytot the useor ocunaneyofarecrastomalv vehicle wheres suchuseor capans/ispermitedbyt theCityo ofH HendersonvileZeningc Ordinance. (Code 1971,91 17-4) Staff Recommended Code Revision Sec. 8-3.1 Temporaryu use permits forn manufactured/mobilel homes andr recreational vehicles a) Manufactured/Mobile homes Nom more thand onen manufactured/mobilet home mayb bep permittedi int the rear yard ofar residential dwelling ona platted lot as an accessory structure, provided,t then manufactured/mobie homes shall meet the principal structure setback requirements fort the district inv whichitisl located. Such use shall be temporary: ands shallb be! based onaf finding by board ofa adjustment thatapersonal hardship situatione exists (such as the need to care fore elderly parents or other dependents) which) justifies a: speciale exception of thisn nature. Temporary use permits shall bei issued ins such cases for one vear,andr may! be renewedb byt the: zoninga administrator sol long: ast thea approved hardshipo continuest toe exist. Alls suchn manufactured/mobilel homes: situatedi inr reary yards must have access toc cityv water and: sewer service ori individual systems approvedi in writing byt thec county health officer ands such manufactured/mobiel homes mustb be maintainedi ins such a waya ast to create no nuisance conditions. Furthermore, ifanys suchn manufactured/mobiel homer must bes situated closer tot the side or reary yard line thant ther required setback for thec district involved, a variance must beo obtainedf from the board of adjustment. Recreational Vehicle umeminsimaiatsEmARMEAITARRANE permitf for rrecreations vehiclestobeu useda landr maintaineda lasatemporarys shelter or officelocated onaconstructionsitec duringtheactualp periodofc construction ons suchs site:provided.! however. that thev vehicless shall ber removed therefromwithin72 hoursnextf EENSndN processes.T Therecreational: vehiclen must! bemaintainedinsuchav waastonotcreatear nuisance. Thetemporary usep FEMENLPSKIKERNEPNNE of ther recreationaly vehicle ont the propertyony whichitisl locatedv withr regardst tof front rear,or sidey yard. and setbacks. 2/Duringamayorald declareds stateofe emergencyf fort theCityof Hendersonville.1 thez zoninga administratorr mayi issuea temporary usep permitfora patticulartactofland: toa allowt ther placemento ofarecreational vehiclei inanyz zoning districtf foru upto180 days. Extensionsf forhardshipm maybegranted bythezoningb boardofadjustment. Ther recreationalvehidlen must Ehemahntaindinsuahaaa ast tonotereateanuisance Thet temporanyuseperit shalls specifyt ther placement ofherecratiomivehiter ont thep property onv whichitisl locatedv withr regardstof front rear or sides yard,andsetbacks à a Staff Recommended Code Revision 12-2. Definition of commonly used terms and words Recreational vehicle: ar motor vehicle or trailer thati includes livingo quarters designed for accommodation, including butr not limited tor motorhomes, campervans, fifth-wheel trailers, and popup campers. Such vehicles must be: a)E Built on a single chassis; b)4 400s square feet or less when measured at the largest horizontal projection; c) Designed to bes self-p propelled or permanently towable by a light duty truck; d) Designed primarily noti for use as aj permanent dwelling, but as temporary! living quarters forr recreational, camping, travel or seasonal use; and e)Fullyl licensed and ready forh highway use. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 77 BAISTINGCONDTIONS The revisions allowingf for temporary RV use will haver minimal impact on existing conditions. GENHCOMEREHENSENEE PIANGOALSIChperw, VibrantN NaibwhedeCoer AbundantH Housing Choices: Consistent Healthya andA Accessible Natural Environment: N/A Authentic Community Character: N/A Safes Streetsa andTrails: N/A Reliable&A Accessiblel Utility Services: Consistent SatisfyingV Work Opportunities:N/A Welcoming & Inclusive Community:N/A 2) Compatibility Accessible &Available Community Uses ands Services: N/A Resilient Community: Consistent GENH COMPREHENSIVEPIANS GUIDINGPRINCIPLES (ChapterIV) Mix of Uses:N N/A CompactD Development: N/A Sensec ofF Place:N/A Conserved&! Integrated Open Spaces: N/A Desirable & Affordable! Housing:N N/A Connectivity: N/A Efficient &Accessiblel Infrastructure: N/A - / A Whether randt thee extentt to which there are changede conditions, trends orf facts thatrequire an amendment- 3) Changed Conditions TheCiystaffbelievet thatiisimportanttoe ensure thatp tpeoplec accesstoh housinga asquicklyasp possible aftera astorm.! InlightofHurricane! Helenewhichh hass shownth thatthe ofH Hendersonvillei: isnotir immunef from damagea and destructionf fromr naturall hazards, itisi importantt tou update ouro ordinancet to ensuret thatpeople can recover aso quickly as possible. Whethera randt thes extenttov whicht theproposeda amendment would resultinalogialande orderlyd development patternt thatb benefitst the surroundingn neighborhood, isin the publici interest and promotesp publick health, safety and generalv welfare- - 4) Public Interest Staffh hasa attemptedt tocraftti this ordinance sot thatth therey will ber minimali impact to neighbors. Whethera randt thee extentt to whicha adequate publicf facilitiesa ands services sucha as water supply, wastewater treatment, fire and policep protectiona and transportationa are availablet to supportt the proposed amendment 5) Public Facilities This amendmenty willh haver minimalt Itor noi impact onp publicf facilities. Whethera andthee whicht theproposeda amendment wouldr result ins significantly adversei impacts on ther naturale environmenti but not limited to water, air, noise, storm water management,s streams, vegetation, wetlandsa andv wildlife- 6)E Effect on Natural Environment There isr minimal impacts on ther natural environment Planning Board - Legislative Committee + December 17,2024 4 Memberin attendance + Staff +. Supported the RV amendment with modifications to clarify language certain language. Planning Board + January 9th, 2025 + Unanimously voted to recommend for approval. REGULAR: MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE78 Draft Consistency Statement The petitjon is found to be [consistent] with the City of Hendersonville Gen H 2045 Comprehensive Plan based on the information from the staff analysis and the public hearing, and because: The petition aligns with the City's adopted plan's policy guidance to establish more resilient communities through recovery from adverse events such as extreme weather or natural hazards. The public hearing was opened at 6:32 p.m. There were no public comments. Thej public hearing was closed at 6:32 p.m. Council. Member Gina Baxter moved City Council adopt an ordinance amending the official City of Hendersonville Zoning Ordinance, Section 8-3 Temporary use permitsfor mamufacturedmobile homes, and Section 12-2. Definitions of commonly used terms and words. AND an amendment to the City Code of Ordinances, Section 34-4. Parking and Storage of Recreational Vehicles. 1. The petition is found to be consistent with the City of Hendersonville Gen H 2045 Comprehensive Plan based on the information, from the staff analysis and the public hearing, and because: The petition aligns with the City's adopted plan 's policy guidance to establish more resilient communities through recovery. from adverse events such as extreme weather or natural hazards. 2. We [find) this petition, in conjunction with the recommendations presented by staff, to be reasonable and in the public interest based on the information from the staff analysis and the public hearing, and because: 1. Hurricane. Helene has shown that there is a pressing need for the City to create flexibility in its zoning code to support post-disaster recovery. 2. The use of recreational vehicles will be temporarily permitted in all zoning districts to provide adequate housing, for individuals following disasters. A unanimous vote ofthe Council followed. Motion carried. Ordinance #O-25-11 AN ORDINANCE OF THE CITY OF HENDERSONVILLE CITY COUNCIL TO AMEND CITY OF HENDERSONVILLE CODE OF ORDINANCES, SECTION: 34-4. PARKING AND STORAGE OF RECREATIONAL VEHICLES, AND ZONING ORDINANCE, SECTION 8-3. TEMPORARY USE PERMITS FOR MANUFACTUREDNOBIE: HOMES, AND SECTION 12-2. DEFINITIONS OF COMMONLY USED TERMS AND WORDS. WHEREAS, the Planning Board reviewed this petition for a zoning text amendment at its regular meeting on January 9th, 2025; voting 7-0 to recommend City Council adopt an ordinance amending the City of Hendersonville Zoning Ordinance, and WHEREAS, City Councili took upi this application at its regular meeting on February 12th, 2025, and WHEREAS, City Council has foundt that this zoning text amendment is consistent with the City's comprehensive plan, and that it is reasonable and in the public interest for the reasons stated, and WHEREAS, City Council has conducted aj publicl hearing as required by the North Carolina General Statutes on February 12th, 2025, NOW, THEREFORE, BE IT ORDAINED by the City Council oft the City of Hendersonville to amend City ofHendersonville Code ofOrdinances, Section 34-4. Parking and Storage of Recreational Vehicles and the City ofHendersonville Zoning Ordinance, Section 8-3. Temporary use permits for manufacturedmobile homes., and Section 2-2. Definitions of commonly used terms and words. ZONING ORDINANCE REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 79 Sec. 34-4. Parking and storage of recreation vehicles. (a) Parking of the recreation vehicles shall be prohibited, except in driveways, within the required front yard area, and subject to the requirements of this chapter. The side yard areas may be used for parking of such vehicles in accordance with the provisions of this chapter. (b) Recreation vehicles may be used and maintained: as a temporary shelter or office located on a construction site during the actual period of construction on such site; provided, however, that the vehicles shall be removed therefrom within 72 hours next following completion oft the construction processes. (c) One unoccupied recreation vehicle may be parked or otherwise located in any accessory private garage building, or in a rear or side yard of an occupied dwelling; provided, however, that no living or sleeping quarters shall be maintained, or any business located in, or carried on, or otherwise fostered in the trailer recreational vehiclev while iti is sO parked, located or stored. (d) Ar recreation vehicle with self-contained facilities may be temporarily parked or located, occupied or unoccupied, within the boundaries of districts zoned and designated under the zoning ordinance of the city as residential areas, neighborhood trading areas, or industrial districts, or MIC for a period not exceeding 72 hours; provided, however, that a permit is obtained from and issued by the code enforcement officer prior to the parking or location of the recreation vehicle; provided, further, that if the code enforcement officer shall fail to issue such permit after prompt and appropriate application therefor, the applicant shall have the right to appeal the decision of the code enforcement officer to the entire-eity-counel zoning board ofa adjustment. (e) Recreation vehicles may be used and maintained as at temporary shelter or office fori the sale of agricultural products such as crops, fruits, vegetables, ornamental and flowering plants or trees and all other forms of agricultural products, provided that there are no living or sleeping quarters maintained in such recreation vehicle during such temporary use. A1 temporary use permit shall be obtained from the code enforcement officer for such use for a specified period oft time not exceeding 90 days. One such permit may be issued within a 12-month period. (f) The use and occupancy limitations contained int this Section 34-4 shallr nota applyt to the use or occupancy ofa recreational vehicle wheres such use or occupancy is permitted by the City of Hendersonville! Zoning Ordinance. (Code 1971, S 17-4) Sec. 8-3. Temporary use permits for manufactured/mobile homes and recreational vehicles a) Manufactures/Mobile homes No more than one manufartured/mobile home may be permitted in the rear yard of a residential dwelling ona a platted lot as an accessory structure, provided, the manufactured/mobile home shall meet the principal structure setback requirements for the district iny which it is located. Such use shall be temporary and shall be based on a finding! by board of adjustment that a personal hardship situation exists (such as the need to care for elderly parents or other dependents) whichj justifies a special exception of this nature. Temporary use permit shall bei issued in such cases for one year, and may be renewed by the zoning administrator so long as the approved hardship continues to exist. All such manufactured/mobiel homes situated in rear yards must have access to city water and sewer service ori individual systems approved in writing by the county health officer and such manufactured/mobile homes must be maintained in such a way as to create no nuisance conditions. Furthermore, if any such manufartured/mobile home must be situated closer to the side or rear yard line than the required setback for the district involved, a variance must be obtained from the board of adjustment. b) Recreational Vehicle (1) Thez zoning administrator mayi issuea a temporary use permit for recreation vehicles to be used andr maintained asat temporary: shelter or office located on a construction: site during the actual period lofconstructiono onsuch site; provided, however, that they vehicles shall be removed therefrom within 72 hoursr next following completion oft the construction processes. The recreational vehicle must ber maintained ins suchav way as tor not create a nuisance. The temporary use permits shalls specify the placement of the recreational vehicle ont the property on whichi itis located with regards toi front, rear, ors side yard, and's setbacks. (2) Duringa amayoral declared state ofe emergency for the City of Hendersonville the zoning administrator mayi issue a temporary use permit for a particular tractofl land to allow the placement ofa recreational vehiclei in anyz zoning districtf for up to 180 days. Extensions for hardship may be granted by thez zoning boardo ofa adjustment. The recreational vehicler must be maintainedi ins suchay wayastonot create a nuisance. Thet temporary use permits shall specifv the placement of the recreational vehicle on the property on which it is located with regardst to front, rear, ors sidey yard, ands setbacks. 12-2. Definition of commonly used terms and words Recreational vehicle: a motor vehicle or trailer that includes living quarters designed for accommodation, including but not limited to motorhomes, campervans, fifth-wheel trailers, and popup campers. Such vehicles must be: a) Built on a single chassis; REGULAR: MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 80 b) 400 square feet or less when measured at the largest horizontal projection; c) Designed to be self-propelled or permanently towable by a light duty truck; d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use; and e) Fully licensed and ready for highway use. Adopted by the City Council oft the City of Hendersonville, North Carolina on this 12th day of February, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: s/Angela S. Beeker, City Attorney D. Zoning Text Amendment: Nonconforming Structures Changes (P24-099-ZTA) - Sam Hayes, Planner II Sam Hayes explained that City staff is proposing revisions to the City's zoning ordinance to support post-disaster recovery. The key changes focus on allowing nonconforming residential structures to be rebuilt, regardless of the extent of the damage. Staff believes these changes will not only assist individuals still recovering from the aftermath ofHurricane Helene but will also provide support in the future ifa and when new storms impact the City. The planning board recommended the ZTA for approval but recommended that nonconforming residential structures should only be allowed to rebuild during a mayoral declared disaster. Nonconforming Structures Changes (Storm Recovery) (P24-099-ZTA) Zoning Text Amendment City of Hendersonville Planning Board February 12th, 2025 Community Development I Planning Division Sam Hayes Planner II Project Background Applicant: City of Hendersonville Planning Staff + Proposed Changes: City staff are proposing changes to our zoning ordinance to create separate residential and commercial nonconforming structures classifications (Section 6-2- 2). Applicant/Staff Reasoning: + The change is in response to Hurricane Helene. Staff and city administrators have observed and heard from the public that there is a need to accommodate more opportunities to enable access to safe, stable housing post-disaster. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 81 Nonconforming Residential Structures Examples of Nonconforming Structures SetbackLine SetbackLine ENE Addition" B" Side) Vard Setback E Addition A" IL B - Sidey Yard Non-Conforming Setback Structure Manufactured/Mobile Homes EANSE T Front Yard Setback Staff Recommended Code Revision 6-2-2 Nonconformings structures. An nonconforming: structure is abuilding or other structure which lawfully existed to the effective date oft this ordinance, or an amendment thereto, andy which no longer could be bulleu under the terms of this ordinance. as amended, sors reason ofr restrictions on area, footprint, open space, building height, setbacks, lot width, or other requirements concerning the structure. a)Ar nonconformings structure devotedt toau use permittedi inthez zoning classificationi in whichi itisl located may continuet to beu used only in accordance witht thep provisions ofthiss section. b)N Normal repair andr mai aintenan ance may bep performedt to allow thec continuationc ofr nonconformings structures. c)Excepta asp providedi ins subsections (d) and (e) below,a nonconforming: structure shalln not undergo change ofu use, renovation ore expansion. d)An nonconformings structuren may undergoa change ofu use or renovation without havingt to bringt the structurei into conformity witht ther requirements oft these regulations, providedt that: I)T The change in use or e nc ion does not increase thef floor area of the structure. 2)7 The change n use is to a permitted use within the district. 3)7 The number of parking: spaces providedf fort the use is in conformity with the requirements of these regulations. e)An nonconformings structuren may bec expanded,v without bringingt ther nonconformings structurei into conformity with these regulations, onlyifthep part of thes structure to bee expandeda and the areao oft the loti into whicht the expansionis ist taking place are botht broughti intoc conformityw witht ther requirementso oft this ordinance. PAnonconformings structure shallnotb ber moved unlessit it therea cafter conforms tot thes standards oft the zoning classificationi in whichi itisk located. gWherea a nonconforming residentialstructure: isd damagedb byf fire,f flood, wind, ord other act ofG God, endsuchd demege loesn note exceed S0percento ofthe-ct curre essessed taxeblev valueoft thes strueture, itr may! ber restoredt toitso original dimensionsa and conditions asl longa asabuildingr permit fort then restorationisissuedw within 12r months ofthe date oft thec damage. mwhersanomenfemiars commercials structureisdamaedi byfire.f flood, wind.orotheracto ofGod, andsuchd damaged doesn notexceed50p percent ofthe current assessedt taxablev valueo fthestrcture.itma ben restoredtoit its original dimensionsa and conditions aslong asabuilding permitf forther restorationisissued within12 months ofthed dateo ofthedamage. Planning Board Recommended Code Revision 6-2-2N Nonconforming: structures. Ar nonconforming: seructure isa building or other structure which lawfully existed prior to the effective date of chis ordinance, ora an amendment thereto, andy which no longer could be bulleu under the terms oft this ordinance, as amended, by reason of restrictions on area, footprint, open space, building height, setbacks. lot width, or other requirements concerning thes structure. a)An nonconformings structure devotedt toa use permittedir int thez zoning classificationi inv whichit itislo locatedn mayo continue tol be used only ina accordance with the provisions ofthis section. b)N Normaln repair and mainte en ance may be performedt toa allowt the continuation ofn nonconforming: structures. c)E Except as providedi ins subsections (d) and (e)b below, a nonconforming: structures shalln not undergoa change of use, renovationo or expansion. d)An nonconforming: structurer may undergoa achange of use orr renovationv without havingt to bringt thes structurei intoc conformity with ther requirements oft these regulations, providedt that: 1The change in use or renovation on does not increase the floor area oft the structure. 2)The change n use to a permitted use within the district. 3)Then number ofp parking spaces providedf for the use is in conformity with ther requirements of these regulations. Anonconforming: structurer may bee expanded, without bringingt then nonconformings structurei intoc conformity witht these regulations, onlyifthep part oft thes structuret to bee expandeda andt thea aread oft the loti intov whicht the expansionis is takingr place are! both! broughti into conformity witht ther requirements ofti thisc ordinance. f)Ar nonconformings structures shalln not ben moved unless itt thereafter conforms tot thes standards oft thez zoning classificationi in whichi itis located. Where a nonconformings structurei is damagedb byf fire, flood, wind, ord other acto ofG God,a ands such damaged does exceed. 50p percent oft the within current 12r months assessed of the taxable date of ofthes structure, it may ber restoredt toit itso original dimensions and conditions asl long asa building permitf for restorationisi issued GVee roter thec damage. ands such damage h)Wherea a nonconforming residentials structureis isd damagedo ord destroyedd actsasatasEt: emergencyin inthe CvofHenderomile does-nete eNcesepercento hee eurrent assessedto towable velue oft thes struetures itr may! ber restoredt toi its original dimensions and conditions asl longa asal building permit fort then restorationis is issued within 12m months oft thec date oft the damage. a REGULAR: MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 82 EXISTINGO The revision CONDITIONS ofthez zoningt texta amendment will make ite easier for homeowners to rebuild their homes regardless of whether they are nol longer deemed to conform with the current zoning standards. GPACOMFEHINSMAPANG GOALS (ChapterV) Vibrant Neighborhoods: Consistent AbundantH Housing Choices Consistent Healthya andA AccessibleN NaturalE Environment: N/A Authentic Community Character: Consistent Safes Streetsa andT Trails:N/A Reliables &A Accessible Utility Services: Con ns sistent SatisfyingV Work Opportunities: N/A Welcoming &1 Inclusive Community: N/A AcressiblegArailable Community Uses and Services: N/A 2) Compatibility Resilient Community: Consistent COMPREHENSIVEPLANG GUIDINGE PRINCIPLES (Chapter) EELS ofl Uses:N/A CompactD Development:! N/A Sensec ofF Place: N/A Conserved8 &1 Integrated Open Spaces: N/A Desirable8 RAffordableH Housing:N N/A Connectivity:N N/A Efficient8 &Accessiblel Infrastructure: Consistent Whether: andt thee extentt tov whicht there are changed conditions, trends orf factst that require an amendment- 3y Changed Conditions Thec Citys staffb believet thatitis importantt tto ensure that peoplec canregaina accesst toh housinga asc quicklyasp after storm. Inli lightofHuricane! Helenew whichh hass shownth thatthe City ofk Hendersonvillei isnoti immunef Casie damagea andd destructionf from naturall hazards, itisi importantt tou update our ordinancet to ensure thatp people can recoverasq quicklya asp possible. Whethera andt the whichthep proposeda amendmentv wouldr result tinalogicala and orderlyd dovelopment patternthatb benefitst EE surroundingr neighborhood, isint thep publici interesta and promotes publichealth, safetya andg general welfare- 4) Public Interest Staffh hasa attemptedt to craft thiso ordinances soti thatth therev willb ben minimali limpactton neighbors. Staffhasa also placedh heavyv valueo onk keepingre residentsi in theire existingh homesande existingo communities. These ordinancer revisionsa attemptt toh helpa allowp peoplet toremaini int their neighborhoods. Whethera andt the extent to which adequater publicf facilitiess ands services sucha as waters supply, wastewater treatment, fire andy police protectiona andt transportation: are availablet tos supportt thep proposeda amendment 5) Public Facilities This amendment will have minimalt tor noi impact on publicf facilities. Whethera andt the extentt towhicht theproposed: amendmenty wouldr resulti ins significantly adversei impactsc on ther natural environmenti including! but not limitedt to water, air, noise, storm water management, streams, vegetation, wetlands and wildlifo- 6) Effect on Natural Environment Thereis is minimali limpacts ont ther naturale environment. Planning Board = Legislative Committee + Décember 17, 2024 4 Member in attendance + Staff +There was a discussion about manufactured/mobile homes when it comes to nonconforming structures. The committee did not support the ordinance in its proposed form. Staff made changes to the ordinance to better accommodate the recommendations of the committee. Planning Board + January 9th, 2025 + Unanimously voted to recommend for approval with one recommended change. REGULAR: MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 83 Draft Consistency Statement The petitjon is found to be [consistent with the City of Hendersonville Gen H 2045 Comprehensive Plan based on the information from the staff analysis and the public hearing, and because: The petition aligns with the City's adopted plan's policy guidance to establish more resilient communities through recovery from adverse events such as extreme weather or natural hazards. Questions Staff Recommended: Planning Board Recommended: g Where ar nonconforming residential structure is damaged g) Where a nonconforming structure is damaged by fire, byf fire, flood, wind, or other act of God, ands such-damage flood, wind, or other act of God, and such damage does not dsadséy-smaH the current assessed taxable exceed! 50 percent of the current assessed taxable value of valweofthestrucurei itr may ber restored toi its original the structure, itr may ber restored to its original dimensions dimensions: and conditions as long as al building permit for and conditions as long as a building permit for the ther restoration isi issued within 12 months oft the date of the restoration isi issued within 12 months of the date of the damage. damage. h) Wherea anonconforming commercial structureis h) Where a nonconforming residential structure is damaged damaged by fire, flood, wind, orother act ofG God, ands such or destroyed during a mayoral declareds state ofe emergency damage does not exceed 50 percent oft the current assessed inthe Cityo of Hendersonville, and-suche damage doesnot taxable value oft thes structure.itmay! ber restoredt toits exceed50 percent ofthecumetassesead: taxable-vélue ef original dimensions and conditions as longa as al building the-structure, it may ber restored to its original dimensions permit fort ther restorationi isis issued within 12r months oft the and conditions as long as a building? permitf for the date oft thec damage. restoration is issued within 12-months. of the dateafthe damage. The public hearing was opened at 6:42 p.m. Although he did not speak during public comment, City Attorney Angela Beeker ask that his comment from General Public Comment go here as well. Jesse Woodruff of Hendersonville, spoke about the zoning amendment on the agenda for tonight. He was representing his father Randy who has been a resident of 60 years and displaced by Hurricane Helene. Despite his desire to rebuild, the current ordinance is making it difficult. We would like to replace a non-conforming structure, his mobile home. He asked that council approve the zoning amendment. Thej public hearing was closed at 6:42 p.m. Council Member Lyndsey Simpson moved City Council adopt an ordinance amending the official City of Hendersonville Zoning Ordinance, Section 6-2-2Nonconforming structures. 1. The petition is found to be consistent with the City of Hendersonville Gen H. 2045 Comprehensive. Plan based on the information, from the staff analysis and the public hearing, and because: The petition aligns with the City's adopted plan' 's policy guidance to establish more resilient communities through recovery. from adverse events such as extreme weather or natural hazards. 2. We [find] this petition, in conjunction with the recommendations presented by staff, to be reasonable and in the public interest based on the information from the staff analysis and the public hearing, and because: REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 84 1. Hurricane Helene has shown that there is a pressing need Ifor the City to create flexibility in its zoning code to. support post-disaster recovery. 2. The proposed text amendment will allow for the rebuilding ofmonconforming structures only after a natural disaster or other act of God, thereby aiding in quick recovery. for city residents. A unanimous vote of the Councilfollowed. Motion carried. Ordinance #O-25-12 AN ORDINANCE OF THE CITY OF HENDERSONVILLE CITY COUNCIL TO AMEND CITY OF HENDERSONVILLE ZONING ORDINANCE, SECTION 6-2-2 NONCONFORMING STRUCTURES. WHEREAS, the Planning Board reviewed this petition for a zoning text amendment at its regular meeting on January 9th, 2025; voting 7-0 to recommend City Council adopt an ordinance amending the City of Hendersonville Zoning Ordinance, and WHEREAS, City Council took up this application ati its regular meeting on February 12th, 2025, and WHEREAS, City Council has foundi that this zoning text amendment is consistent with the City's comprehensive plan, and that iti is reasonable and in the public interest for the reasons stated, and WHEREAS, City Council has conducted aj public hearing as required by the North Carolina General Statutes on February 124h,2 2025, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hendersonville to amend City ofHendersonville Zoning Ordinance, Section 6-2-2 Nonconforming structure. ZONING ORDINANCE 6-2-2 Nonconforming structures. AI nonconforming structure is a building or other structure which lawfully existed prior to the effective date of this ordinance, or an amendment thereto, and which no longer could be built under thei terms oft this ordinance, as amended, by reason of restrictions on area, footprint, open space, building height, setbacks, lot width, or other requirements concerning the structure. a) Ar nonconforming structure devoted to a use permitted in the zoning classification in which it is located may continue to be used onlyi in accordance with the provisions of this section. b) Normal repair and maintenance may be performed to allow the continuation of nonconforming structures. c) Except as provided in subsections (d) and (e) below, a nonconforming structure shall not undergo a change of use, renovation or expansion. d) Ar nonconforming structure may undergo a change of use or renovation without having to bring the structure into conformity with the requirements of these regulations, provided that: 1) The change in use or renovation does not increase the floor area of the structure. 2) The change in use is to a permitted use within the district. 3) The number of parking spaces provided for the use is in conformity with the requirements of these regulations. e) An nonconforming structure may be expanded, without bringing the nonconforming structure into conformity with these regulations, only ift the part of the: structure to be expanded and the area of the loti into which the expansion is taking place are both brought into conformity with the requirements of this ordinance. f) AI nonconforming structure shall not be moved unless it thereafter conforms to the standards of the zoning classification in which it is located. g) Where a nonconforming, residentialstructure is damaged by fire, flood, wind, or other act of God, and wewwwes assessedtbuablevalueofthestructure, it may ber restored to its original dimensions and conditions asl long as a building permit for the restoration is issued within 12 months of the date oft the damage. h) Where anonconforming commercials structure is damaged by fire, flood, wind, or other act of God, and such damage does not exceed 50p percent of the current assessed taxable value of the structure, itr may ber restored toi its original dimensions and conditions asl long as al building permit for the restoration is issuedy within 12 months oft the date oft the damage. Adopted by the City Council of the City of Hendersonville, North Carolina on this 12th day of] February, 2025. REGULAR! MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 85 Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: Is/Angela S. Beeker, City Attorney E. Rezoning: Conditional Zoning District Half Moon Heights Phase II (P24-41-CZD) - Tyler. Morrow, Current Planning Manager Tyler Morrow explained that the City of Hendersonville received an application for a Conditional Rezoning from Tricia Chassen of Forestar USA Real Estate Group, INC., applicant and Gregory Albea, Julianne Albea, Jospeh Taylor, and Laura Taylor property owners. The applicant is requesting to rezone the subject property, PINS 9579-98-0375, 9579-98-3527, 9579- 99-4115, 9579-99-8724 and located off Old Sunset Hill Road, from Henderson County Residential Two Rural to PRD-CZD, Planned Residential Development Conditional Zoning District for the construction of59 single-family units on approximately 20.66 acres. This equates to a density of2.86 units per acre. The proposed lots within the development range from 0.13 acres to 0.40 acres. The development is proposing to have an access off ofOld Sunset Hill Road and a connection to a street stub provided by Phase 1 of the HalfMoon Heights development to the north. All proposed streets will be built to public street standards. Halfmoon Heights Phase II (P24-41-CZD) Conditional Rezoning City of Hendersonville City Council February 12th, 2025 Community Development Planning Division Tyler Morrow - Current Planning Manager Locations 9579-98-0375 957998 3527 9579-99-411 9579-99-8724 Appls Ownes TriciaChassen dfEARTEae Group, NCLApplicano - E 5 & Gregory Allbea, Julianné Albeay Jospeh Taylor, and upptopsiws Owners) Project EZoning Henderson County R2R Zoning PRD- CZD Background - Acfeage: 20.66 Acres Piecosed Use! Residential, SingléFamily FPeeSNs Future Lancuse P-bc-eaCatwe - Living BA REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 86 Neighborhood Compatibility Meeting NEIGHBORHOOD: COMPATIBILITY + Dates: September 18th, 2024 MEETING OFFICIALN NOTIFICATION + Attendees: byTheCity Hendersonvile for: + In-person - 4 residents CONDITIONAL REZONING + Online - 2 residents ForA Additionall Information Call: + Topics Discussed: (828) 697-30100r Visit www.hendersonviln cpahicemasiaherine + Streams and stream buffer requirements. + The idea that the + Wetlands and whether wetlands should be any oft the homes would included in the common impact them. Accident areas and maintained by data on the nearby roads. the HOA was discussed. + Tree preservation + Buffer requirements were requirements being met. discussed. Site Photos I Halfmoon Heights Phase I + *Entitled by a different developer* + Previous Developer + Joseph Schlotterbeck - 1 Vice President- Bald Headed Builders, Inc. Current Developer ES nT + Forestar USA Real Estate Group Inc E 57 070 E GRE 1 - + 90 Single Family Homes 9 TR 9s Be A +: 33.61 acres + 2.6 units per acre. Seannat - EeL REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 87 SCAE PBET MFaN Site Plan 6 EE MMPICA OL LAYOUI 10' 11 E 135' E . E VARY ErT FRGRNE RERSASENE MEASURED EPASS APCAFE TRAFFIC IMPACT. ANALYSIS Old Sunset Hilll Road Residential Hendersonville, North Carolina - S Table2- Tripo Generatio on ITELamdUse/Code Densly Independent Daily AMPeak PMPeak Variable Traflie Enter Exit Enter Exit Singlel Family Detached Dwelling Housing 155 Units 1.510 28 83 95 55 (TECode210) a isestimatedt thatu thep proposedd developmente coulgeneratea totalofl. SIOrips(inandour)d duringatypical 24-houry weckday periody withl I1I trips(28 entering and8Sesiing)s generated duringt the AMpeakhoura and - 150trips(9 (95c enteringa ands 55 exiting) generatedd during the PMp peak horshibulidouianzas 0 - 9 par 000 g Future Land Use HalfN Moon Heights Phasel Multi-Generational P24-41-CZD PINS:9579-98-0375. Living 3527.9579.99-4115, -8724 Acreage: 20.66 Futurel Landu Use Map + Mixed Use e Commercial nd Use + Innovation + Open Space- Conservation REGULAR: MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE88 The subject property is outside the scope of the land suitability and supply maps and was not LAND SUPPLY, evaluated. SUITABILITY & The subject property is in a Focused Intensity Node INTENSITY centered ati thei intersection of Howard Gap Road and Chimney Rock Road. Designation: Multi-Generational Living FUTURE LAND USE & Character Area Description: Consistent CONSERVATION MAP e Zoning Crosswalk: Inconsistent o Current Land HalfN Moon Heights Phasel Use & Zoning P24-41-CZD PINS: 9579-98-0375, CD -3527. 9579-99-4115, -8724 + Henderson County Acreage:20.66 R2R CurrentLandUses andZoning HenceronleC Cyu uimts HendetsonlleE ETJ SusyedProperty onvillez tonal Zoning Laingo avis + Henderson County nsity + PRD-CZD nway arat + R-15 n County Zoning +I-1 aI + HMU + PCD-CZD Whether: andt thee extent tov which the proposed amendmenti is compatiblev withe existinga andp proposed uses surroundingt thes subject property. The subject property is located near four other Planned Residential 2) Developments, including three single-family developments and one multi- Compatibility family development. Additionally, iti is in close proximity.to Chestnut Ridge, a subdivision under Henderson County's jurisdiction that was plattedin 1988 and consists of approximately 118 lots on 62 acres. The US 64 corridor continues to experience growth, driven byt the presence of large undeveloped and underdeveloped parcels in the surrounding area. Whether andt thee extentt to which there are changedo conditions, trends or facts thatr require: ana amendment. 3) Changed Conditions The subject property is requesting to be annexed into the City. ffa annexed, the City must apply: zoning to the parcels. The owners and dévelopers are requesting thati the initial zoning bei for the Planned Residential Development that has been presented. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE 89 Whether andt the extent toy which the proposeda amendment wouldr resulti tinal logicala ando orderly development patternt thath benefitst thes surrounding neighborhood, is int thep publici interest andp promotes public health,s safetya and generalv welfare. 4) Public Interest Based ont the 2021 Bowen Housing Needs Assessment for Western North Carolina, Henderson County hasa an estimated rental housing gapo of 1,650 to 2,008 Units for incomes between <50%-120% AMI. This represents one of the largest gaps in the WNC region. Over the! last3 years, the City of Hendersonville hasa approved 634 detached single.family homes. If this projecti is approved, Hendersonville's recently- -approved detached single family homes would total 693. It should also be noted that the Housing Needs Assessment: Study does not acçount for theh housing gap fori incomes above 120% AMI. An additional gap, beyond that reflectedi in the "1,650 to 2,008-unit gap", exist for those income levels greater than 120% AMI Whether andt thee extent to which adequate public facilities and services suchas water supply, wastewater treatment, fire: andp police protection: andi transportation area available to supportt the proposed amendment. 5) Public Facilities Howard Gap Road is a NCDOT maintained road, identifiedi int the Comprehensive) Transportation! Plan asab boulevardi in need of improvements. If approved, the site would bes served! by City ofH Hendersonville water: ands sewer services. Water infrastructurei is already available on Old Sunset Hill Road, while sewer service will bee extendedi from the Connor Creek Mobile Home Park to the west. Whether: andi the extent to which the proposed amendment would result in significantly adversei impacts on the naturale environment including but not limited tov water, air, noise, storm water management, streams, vegetation, wetlands and wildlife. According to the site plan, approximately 19.50 acres of the 20.66-acre property are currently covered by an existing tree canopy. Of this canopy, the developers propose to retain 3.9 acres, meeting the minimum tree preservation requirement of 20% for projects of this type. 6) The site includes blue-line streams identified by Clearwater Effect on Natural Environmental and confirmed by the Army Corps of Engineers. These Environment streams will be protected in compliance with the natural resource provisions of the zoning ordinance. Additionally, wetlands were identified on the site; however, unlike streams, the zoning ordinance does not extend specific protections to wetlands. As a result, the wetlands are not being preserved under local regulations. Any disturbance to the wetlands will require compliance with federal and state permitting and review processes. Mike Huffman, the City's Floodplain. Administrator and Stormwater Division Manager, proposed a city-initiated condition-to. enhance protections for the wetlands. However, this condition was not accepted by the developers. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE90 Planning Board Recommendation The City of Hendersonville Planning Board made a motion fecommending approval, finding the petition to be consistent with the comprehensive plan and finding it to be reasonable and in the public interest based on the information from the staff analysis and the public comments presented at their meeting on January 9th, 2025. The motion carried 6 to 1. Proposed Conditions (Developer Agreed) Developer Proposed Conditions : Any proposed wetland impact will be properly permitted within the respective agency and çomply with any.and all federal, state and local laws. 2 The developer proposes a 30' wetland buffer in areas shown on sheet C-201. No construction, grading, or vegetation removal may occur within these identified wetland buffers except for restoration or approved mitigation activities. 3. The Developer proposes a lot side setback of 5.5' 4. The developer intends to achieve canopy installation requirements by using required street trees, common open space trees, and open space trees. Int the event that this is not achievable, the developer will achieve the requirements oft the remining tier two canopy by paying a fee in lieu of. Planning Board Proposed Conditions (Deyéloper Agreed) City Proposed Conditions : Proposéd leftt turn lane on Howard Gap Road (SR-1006) onto Old Sunset Hill Road (SR-1744) will be constructed per the City's request if feasible within the existing right of way and iff found necessary and/or acceptable byN NCDOT. Ifthe existing right of way isi inadequate to accommodatei the left hand turn lane, additional right of way acquisition will not be required and at fee in lieu oft the turn lane shall be paid.Thef fee in lieu will reflect the actual cost of construction oft thei turn lane. The construction cost estimate shall be submitted by the developer's engineer and reviewed by the City of Hendersonville and NCDOT. 2. Discharge stormwater at a rate equal to or less than the pre development discharge rate for both the two-year, 24hour storm, and the 10vear, 24 hour storm with the ability to pass the 25-year 24 hour storm. 3. All driveways shall be a minimum of 20' from the back of curb and/or sidewalk. REGULAR! MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE91 City Proposed Conditions (Developer Agreed) City Proposed Conditions (Mike Huffman, Stormwater/Natural Resource): o Monitoring and Reporting: o The applicant shall establish a monitoring program to assess the health of the wetland and buffer areas during and after development activities for a period of no less than [2 years). Annual reports documenting compliance with the wetland protection measures shall be submitted to The City of Hendersonville. o Environmental Education and Site Signage: O The applicant must install appropriate signage to identify wetland areas and educate site users about their importance. Signage must be maintained in perpetuity. City Staff Proposed Condition (Developer Not Agreed) City Proposed Conditions: o! Developer shall install a left-turn movement from Howard Gap Road onto Old Sunset Hill Road. The design oft the turn lane and the necessary storage length forthe turn lane should be coordinated with the North Carolina Department of Transportation to determine the most optimal configuration for the turn lane. Consideration should be given to a partial symmetrical with a proportional offset to the outside (western side) of Howard Gap Road to minimize impacts to existing utilities, maximize visibility, and to utilize available right of way present to the existing pavement. D City Proposed Conditions (Developer Not Agreed) City Proposed Conditions (Mike Huffman, Stormwater/Natural Resource): o) Wetland Delineation and Buffer Establishment. 6 Prioy to any! land disturbance, a professional wetland delineation study shall be conducted to define the exact boundaries of all wetlands on the site. o. Al buffer: zone of no less than 30 feet shall be established around all delineated wetlands, where no construction, grading, or vegetation removal may occur, except for restoration or approved mitigation activities. o Mitigation for Unavoidable Impacts: If any impact to wetlands is deemed unavoidable, the applicant must obtain the necessary permits from the U.S. Army Corps of Engineers or other relevant agencies and provide appropriate mitigation. This mitigation must include wetland creation, enhancement, or preservation at a ratio compliant with applicable federal, state, and local requirements. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE92 Planning Board: Comprehensive Plan Consistency Statement The petition is found to be consistent with the City of Hendersonville Gen H 2045 Comprehensive Plan based onthe information from the staff analysis and the public hearing, and because: The petition is consistent with the Future Land Use and Conservation Map Designations of Multi- Generational Living and is located in a focused intensity node within chapter 4 of the Gen. H Comprehensive Plan. Planning Board: Reasonableness Statement We find this petition to be reasonable and in the public interest based on the information from the staff analysis and the public hearing, and because: Rationale for Approval] The petition proposes to provide additional housing to offset local demand. 2. The proposed development establishes a valuable new roadway connection between US 64 and Old Sunset Hill Road/Howard Gap Road., This type of street interconnectivity aligns with the goals outlined in the Gen H Comprehensive Plan. 3. The proposed density is consistent with other nearby developments DRAFT: Reasonableness Statement We do not find this petition to be reasonable and in the public interest based on the information from the staff analysis and the public hearing, and because: [Rationale for Denial] 1. The proposed development does not sufficiently mitigate its impacts on the delineated wetlands present on the site. 2. The proposed development does not adequately address its anticipated traffic impacts on the surrounding area by guaranteeing the installation of a left-turn lane from Howard Gap Road onto Old Sunset Hill Road. REGULAR MEETING FEBRUARY 12, 2025 VOLUME 28 PAGE93 a : : - E 550 146 202 E 2025 108294 60 12765.132 40.0% Council Member Gina Baxter moved that City Council approve the Fund. Balance Restoration Plan and City. Management Response to. Local Government Commission. A unanimous vote of the Councilfollowed. Motion carried. D. AARP Sidewalk Study - Lyndsey Simpson, Council Member Pulled from agenda. 9. BOARDSICOMMISSIONSICOMMITTEE APPOINTMENTS Pulled from agenda. 10. CITY MANAGER REPORT A. January 2025 Contingency and Adjustment Report - John Connet, City Manager In accordance with North Carolina General Statute (NCGS) 159-13(b) it is required that all expenditures resulting from a contingency appropriation budget be reported to the governing board at its next regular meeting and recorded in the minutes. . NCGS 159-15 permits the Budget Officer (City Manager), to transfer budget from one appropriation to another within the same fund, provided any such transfers are reported to the Governing Board. The City ofHendersonville refers to transfers ofbudget from one appropriation to another within the same fund as a "budget adjustment". City Council authorizes budget adjustments each year with the adoption of the annual budget ordinance (SECTION 4). This agenda item serves to fulfill the reporting requirements ofboth NCGS 159-13(b) and 159- 151 by providing City Council a summary ofall amendments and adjustments occurring thus far in the fiscal year. FEBRUARY 12, 2025 VOLUME 28 PAGE 108 REGULAR MEETING FISCALY YEAR2024- 2025/FY25) Propased Comple eted Corrected Denied BUDGETA AMENDMENTSA ANDADIUSIMENTS DESCRIPTION TVPE MEND ACCOUNT JMBER ACCOUNTDESCKIPTON EXISTINGE BUDGET NC REASE DECREASE BOCED yes APPR VED Adlustment 12/10/202 CIDIDBASECS Helhaw Welfa res 187,525 82159 82,139 42.861 94664 CaporemifmetMones CaporomsfamnestMone yes Adusument - 12/10/202 a1o.0c055 534999 Contingensy 125.000 125.000 CapcromsE EamestMoney yes Adjustment 12/10/2024 010.10025 551000 CaptalOutier landEasementsROw yes Adustmer 1/10/2024 080-10025 539005 PeatthawelfereE Expenditures 115723 97,250 115.723 9.277 87.973 CapermaEmeatoney CaporomafametMone yes Adjustment 12/10/202 BEocOcsi88 Contingeney ROW 125.000 125,000 CaporomsE EamestMoney yes Acjustment 12/102024 060.10025 551000 Caplalc OuteplandFasemenss ves Adjustme 12/1/202 24 060-0000.58499 Contingency 87.973 85,600 18,800 18.800 104,400 69.173 CallCenter CalCenter ves Adjus 12/11/2024 0507002519200 Contracteds Services 20.000 252.000 EngineR Replacement yes Adjustment 12/28/2024 080-7052-55505 CapitalOuter Plants, PumpSlations 252.000 25.000 20.000 - 45,000 EngineReplace yes Adjustme 12/23/2024 0607 705252 524030 RSMTrucks yes Adjustment 1/2025 060000.534999 Contingency 69175 500 500 68.673 900 HRBudget-h HRBudeeh hrangprocesses -hiringprocesses yes Adjustment 17/2025 0607050.519200 CemeedenisE 400 0E07152555C03 Captsioutiy-Plans.p Pumpstations 107,000 25.000 82.000 25.000 MPUMELICMASLie yes yes A adjustment Adustment 1/17/2025 1/A7/2025 080753515200 Contractedservices 25.000 FpimdtiDPs.w 35.000 S:6S ZaIMedeaRQ25S11 yes Adusument 428/2025 a0:400.554C01 CapialOutey Non-Capital Fauipment 83682 72.900 35.000 10/.900 Z4IM-1ieAR025511 yes Adustment 1/25/2025 010-1400534000 205.000 14200 190800 wwrPoateimproemene ves Adjustment 1/28/2025 Bs971555501 060-7155524020 CapitalOutiey R8MEauipment FaupmetoherTen 12.500 14,200 26.700 wwrPweimproamemts ves Adjustment 1/23/2025 11. CITY COUNCIL COMMENTS - None Pro Tem Hensley said that Senator Budd and Senator Tillis have both written a letter of Mayor resolution in support of us to receive the RAISE Grant SO that's good news. 12. CLOSED SESSION Council Member Lyndsey Simpson moved that City Council enter closed session pursuant to NCGS S 143-318.11 (a) (1) (3) and (6) to prevent the disclosure ofi information that is privileged or confidential pursuant to the law oft this State or ofthe United States, or not considered a public record within the meaning of Chapter 132 ofthe General Statutes, to or retained the body in order to the an consult with attorney employed by public preserve attorney-client) privilege between the attorney and the public body and to consider Griffin VS. City of Hendersonville Board of Adjustment Case # 25CV000051-440 and to consider the competence, performance, character,fitness of an individual public officer or qualifications, employee. 13. ADJOURN Council came out of closed session at 9:55 p.m. There being no further business, the meeting adjourned at 9:55 p.m. upon unanimous assent of the Council. JennifeHensley, Mayor Pro Tem ine ATTEST: May JlMurray, City Clerk