APRIL8 3, 2025 VOLUME 28 PAGE 202 REGULAR MEETING MINUTES April 3, 2025 REGULAR MEETING OF THE CITY COUNCIL CITY HALL-2MD FLOOR MEETING ROOM - 1606" AVE. E. 5:45 p.m. Barbara Volk; Mayor Pro Tem Dr.Jennifer Hensley and Council Members: Present: Mayor Melinda Lowrance and Gina Baxter Lyndsey Simpson. Connet, Assistant City Manager Brian Pahle, City ClerkJill Murray, StaffI Present: City ManagerJohn & Evaluation Director Adam Murr, City Attorney. Angela Beeker, Budget Communications' Director AllisonJustus Communications Coordinator Brandy Heatherly and others 1. CALLTO ORDER Barbara Volk called the meeting to order at 5:45 p.m. and welcomed those in attendance. Mayor 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. 151 minutes is reserved for comments from the public not listed on the agenda. In Person: a member of the Tree Board and wanted to let everyone know about Glenn Lange spoke is 12th and wanted to encourage everyone to cut down the Bradford Pear Bounty Day on April to cut Bradford Pears as it is devastating to our natural environment SO are encouraging people online and we will give you a free native tree to put in them down and take a photo of it, register five its place. You can do up to five trees, ifyou cut down five Bradford Pears, we will give you replacement trees. about born in Barbados and moving here with her husband and three Katie Gash spoke being school teacher and he became a As a school teacher, a children in 2008. She became a principal. card and a woman, she has never felt more: maligned, discouraged and green immigrant direction of our Government has caused this and our nation is in dehumanized. The current teacher crisis and these are not normal times. There are threats to the American people. My from the We hope for the best. I heart breaks to see these policy decisions coming top. can'tjust just ask that you do all that you can through the power of your elected position. Council Member Lowrance asked if we could have a moment of silence for Roger Snyder, the former Mayor of Mills River who recently passed away. 4. CONSIDERATION OF AGENDA Council Member Lyndsey Simpson moved that City Council approve the agenda as presented. A unanimous vote ofthe Councilfollowed. Motion carried. 5. CONSENT AGENDA moved that Council approve the consent agenda as Council Member Jennifer Hensley City presented. A unanimous vote oft the Councilfollowed. Motion carried. A. Adoption of City Council Minutes Jill Murray, City Clerk City Council Budget Retreat Part 1 - February 27, 2025 City Council Budget Retreat Part 2 - February 28, 2025 REGULAR MEETING APRIL 3, 2025 VOLUME 28 PAGE 203 City Council Regular Monthly Meeting March 6, 2025 City Council Second Monthly Meeting March 26, 2025 B. Cherry and Beech St. Sidewalk Construction Tentative Award - Richard Shook, Civil Engineer III Resolution #R-25-26 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO AUTHORIZE THE MANAGER TO ENTER INTO. A CONTRACT FOR THE CONSTRUCTION OF CHERRY AND BEECH CITY ST SIDEWALKS PROJECT WHEREAS, the City ofHendersonville, North Carolina has received bids, pursuant to advertisement therefore, for construction ofthe Cherry and Beech St Sidewalks Project, and duly notice WHEREAS, the City Engineer reviewed each bid: for completeness and accuracy; and WHEREAS, Trace and Company was the lowest bidder for the Cherry and Beech St Sidewalks Project, and WHEREAS, the City Engineer therefore recommends TENATIVE AWARD to the lowest bidder for the bid project cost. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that 1. The City Manager is authorized to execute a contract for the construction of the Cherry and Beech St Sidewalks Project to Trace and Company in the total amount of $303,338.50. 2. The City Manager is authorized to approve change orders which, cumulatively, do not exceed 10% of the approved contract amount of $303,338.50, provided that any necessary amendments must be brought to the City Council for approval. Adopted by the City Council of the City of] Hendersonville, North Carolina on this 3rd day of April, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney C. City Operations Building Finish Renovations Tentative Award - Richard Shook, Civil Engineer III Resolution #R-25-27 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO AUTHORIZE THE MANAGER TO ENTER INTO A CONTRACT FOR THE CONSTRUCTION OF CITY OPERATIONS CITY BUILDING FINISH RENOVATIONS WHEREAS, the City ofHendersonville, North Carolina has received bids, pursuant to duly advertisement notice therefore, for construction ofthe City Operations Building Finish Renovations, and WHEREAS, the City Engineer reviewed each bid for completeness and accuracy; and WHEREAS, Enterprises G, Inc. was the lowest bidder for the City Operations Building Finish Renovations, and WHEREAS, the City Engineert therefore recommends TENTATIVE AWARD to the lowest bidder for the bid project cost including base bid, alternate 1, and alternate 2. NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofHendersonville, North Carolina that 1. The City Manager is authorized to execute a contract for the construction of the City Operations Finish Renovations to. Enterprises G, Inc. in the total amount of $427,182.00 including the following Building items: a. Base bid: $286,000.00 b. Alternate 1: $120,000.00 C. Alternate 2: $21,182.00 2. The City Manager is authorized to approve change orders which, cumulatively, do not exceed 10% of the approved contract amount of $427,182.00 provided that any necessary amendments must be brought to the City Council for approval. Adopted by the City Council of the City of Hendersonville, North Carolina on this 3rd day of April, 2025. Barbara G. Volk, Mayor Attest:/ /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney APRIL3, 2025 VOLUME 28 PAGE 204 REGULAR: MEETING Tax Collector D. Henderson County Tax Adjustments - Amanda Lofton, Deputy Streetscape Project Close-Out - Brendan Shanahan, City Engineer E. 7th Avenue & Evaluation Director F. April 2025 Budget Amendments - Adan Murr, Budget FISCAL YEAR2 2025 TOI MAYOR & COUNCIL FORM: 04032025-01 APPROVAL:April 03, 2025 BUDGETAMENDMENT FUND010 [410 INCREASE DECREASE REVISEDE BUDGET ACCOUNT NUMBER DESCRIPTIONOFA ACCOUNT EXISTINGB BUDGET 669,506 443,250 1,112.756 010-0000-470900 FundBalanceA Appropriated 1,702,176 443,250 - 2.145,426 010-0000-5 598901 Transfer0 Our.to410.417126 443,250 - 1,112,756 FUND010 TOTALR REVENUES 669,506 443,250 - 2,145,426 GeneralF Fund TOTALE EXPENDITURES 1,702,176 34.700 - 34.700 410000A70E0:7126 Transferinfrom010. FY24) 443.250 443.250 410000-700017126 Tamsfetinliomoio.25 34,700 443,250 - 477,950 410-103A550108-7126 Capital-CIP TOTALREVENUES 34,700 443,250 477,950 FUND410 TOTALE EXPENDITURES 34,700 443,250 - 477,950 Gov. ProjectFund Bond) 3,750,000 3,750,000 460-0 0000-470100-17126 DebiProced/28Re.B 3,750,000 - 3.750.000 460-1 1014-550103-17126 Capital-CIP TOTAL REVENUES 3,750,000 - 3,750,000 FUND4 460 TOTAL EXPENDITURES 3.750,000 - 3,750,000 W&SP ProjectF Fund #17126by $443.250through: atransferi inf fromt the GeneralFund. A$443,250p propertys saler revenue Anamendmentir increasingthev Whiteas.Mains St.F Project.! fromN NCDOTW wasr recordedinthe GeneralFunda atn mid-year. amendment 04032025-01v was approvedby City Councilo on April03. 2025. TheCity Managera andCity Clerk certiybudgerordinance: FISCAL) YEAR: 2025 TO MAYOR8 & COUNCIL FORM: 04032025-03 APPROVAL: April 03,2025 BUDGET AMENDMENT FUND3011360 INCREASE DECREASE REVISEDE BUDGET ACCOUNT NUMBER DESCRIPTION OFA ACCOUNT EXISTINGEUDGET 5,000.000 5.000,000 310-0000-420050.H H2404 GrantR Revenue (FEMA- Helene 2024) 5.000.000 5,000,000 310-H2024 FEMAF Reimb. Expenditures TOTALF REVENUES 5,000,000 - 5,000,000 FUND301 TOTAL EXPENDITURES 5,000,000 5,000,000 Helene Recovery,# #H2024 5.000.000 5.000.000 360- -Revenues FEMA Grants (Helene) 5,000.000 5.000,000 360-E Expenditures FEMAR Reimb. Expenditures TOTALF REVENUES 5,000,000 5,000.000 FUND360 5,000,000 5,000,000 FEMA TOTALE EXPENDITURES 1.172.004 1.172.004 360-R Revenues NCEMLoan 1.172.004 1,172.004 360-Expenditures NCEMLoanE Expenditures TOTALF REVENUES 1,172,004 1,172.004 FUND360 1,172.004 - 1,172,004 Insurance TOTALE EXPENDITURES 6,172,004 Total ProjectR Revenues (Helene, Fund 360) 6.172,004 TotalP Project Ependitureslielene Fund360) structuref forthel Helene Response andR RecoveryProject: #H2024. The amendmento changest thef fundo codefrom Anamendmentr reflectinga changeine alsoreflects! accounting loanp proceedsfromt thel NCD Departmento ofE Emergencyl Management (NCEM):$1.1 172.004 being appropriatedfork Helene 301t03 360. Thea amendmenta Thet totalp project: appropriationi inf fund 360is increasedfrom AAAABASAN $6,172.004. Responses andRecoveryActwtes. certifyt budget ordinancea amendmento 04032025-0 03v was approved! by City Councilo on Aprit03. 2025. Thec Cityl Managera and CityC Clerke FISCALY YEAR2025 TON MAYOR & COUNCIL FORM: 04032025-04 APPROVAL: April 03, 2025 BUDGET AMENDMENT FUND010 410 INCREASE DECREASE REVISEDE BUDGET ACCOUNT NUMBER DESCRIPTIONOFA ACCOUNT EXISTINGE BUDGET 45,300 5,000 40,300 010-1014-519104 Professionals Services-ENG 1.702.176 5,000 1,707,176 010-0000-598901 TransferOurto410. #24011) FUNDO10 TOTALI REVENUES 1,747,476 5,000 5,000 1,747,476 GeneralFund TOTALE EXPENDITURES 75.000 410000.2005024011 GAmfRABEEUIDGa 75.000 5,000 5,000 410.000-7001024011 Transferin( (from010.FY25) 75.000 5,000 - 80,000 410-014519200.24011 Contracteds Services TOTALF REVENUES 75.000 5,000 - 80,000 FUND410 TOTAL EXPENDITURES 75,000 5,000 - 80,000 Above TheN Mud, #24011 Above the! MudF Project! #24011 usingatransfer: in from the GeneralF Fund. The amendment covers costi increasesa asaresultof An: amendmentinereasingt the changestof federalgovernments pgrantrequirements. certify budget ordinancea amendment 04032025-0 04v was approvedb by City Council on April03. 2025. The City Manager and City Clerko FISCALY YEAR2025 TON MAYOR & COUNCIL FORM: 04032025-05 APPROVAL: April 03, 2025 BUDGET AMENDMENT FUND010 INCREASE DECREASE REVISEDBUDGET ACCOUNT NUMBER DESCRIPTIONOFA ACCOUNT EXISTINGBUDGET 1.558.882 44.864 1.603.746 010-0000-470030 InsuranceP Proceeds (VFIS-Helene) 105.000 44.864 149,864 010-1400-524030 RGM Trucks TOTALF REVENUES 1,558,882 44,864 - 1,603.746 FUNDO10 105,000 44,864 149,864 GeneralFund proceeds tor TOTAL reflectt ther EXPENDITURES receipt ofa Helene-r relatedo check from VFIS. Their increasedi insurancep proceedsv will be usedby An amendmentincressinet insurance vehiclesd damageddurinHetener: response activity. theF Fire Deparmenttorepaire Clerk equipmenta budget andy ordinance: amendmento 04032025-0 05v was approvedby City Councilo on April03. 2025. The City Manager: and City certifyb REGULAR MEETING APRILS 3, 2025 VOLUME 28 PAGE 205 TOMAYORE & COUNCIL APPROVALAPtiL03, 2025 FISCALY YEAR2025 FORM: 04032025-06 BUDGETA AMENDMENT FUND020 ACCOUNT NUMBER DESCNPTIONOFACCOUNT EXISTINGBUDGET INCREASE DECREASE REVISED 020-0000-410001 LocalSales& &Usel Tax 316.000 20,375 BUDGET 020-2102-532105 IncentiveP Program( (Econ. Dev.) 20.375 336.375 FUND020 TOTALREVENUES 316,000 20,375 - 20.375 Mains St MSDFund TOTALI EXPENDITURES - 336,375 Ana amendmentit increasingtheF FY25N Mains St. MSDF Funde economici incentivet budgetf forafinalp paymentf for development 20,375 withint the downtownd 20,375 lrecemmendedintresse: iss supportedb by locals salesandu usetaxr revenues. district. The TheC City! Managera and City Clerk certifyt budgeto ordinance amendment 04032025-0 -06wasa approvedb by City Councilo onA April 03, 2025. TOI MAYOR & COUNCIL APPROVAL:April 03, 2025 FISCAL YEAR2025 FORM: 04032025-07 BUDGET AMENDMENT FUND067 ACCOUNT NUMBER DESCRIPTION OFA ACCOUNT EXISTINGBUDGET INCREASE DECREASE 067-0000-470030 Insurance Proceeds REVISEDE BUDGET 067-1005-519200 Contracteds Services - 43.517 43,517 FUND067 TOTAL REVENUES - 43,517 43,517 43.517 Stormwater Fund TOTALE EXPENDITURES 43,517 - 43,517 nameninemtincrasings insurancer proceeds inti the Stormwater Funda and: appropriating $43,517f forthec completion - 43,517 (Nu-Pipe)on 3rdAvenue. ofac contracteds stormwater project The CityM Manager and City Clerk certifyb budgeto ordinancea amendment 04032025-07v was approved by City Councilo onA April 103, 2025. TON MAYOR &C COUNCIL APPRO OVAL: April3, 2025 FISCAL YEAR: 2025 BUDGETA AMENDMENT FORM.04032025-08 ACCOUNT NUMBER FUND301 - 459 1460 459-0000-470900 FundB BalanceA ACCOUNTD Appropriated DESCRIPTION EXISTINGBUDGET INCREASE DECREASE REVISEDB BUDGET 459-0000-598901 Transfer Out(to 460. #22013) 300.000 300.000 300.000 W&SCapitalF FUND459 Reserve Fund TOTALF REVENUES 300,000 - - 300.000 160.000470102013 TOTAL EXPENDITURES 300,000 - - 300,000 DebtProceeds/26R Revenue Bond) 300,000 460-0000-470100- 22013 Transferin (from.459) 2.342.000 300.000 - 2.342.000 460.7035.5010522013 Capital Outlay-CIP - 300.000 FUND4 460 (#22013) TOTAL REVENUES 2.642.000 - 2.642.000 WTPF Residuals TOTAL EXPENDITURES 2,342,000 2,342.000 - 2,642,000 460-0 0000-470100-16036 Transferin (from 301. #G2402) - - 2.642.000 460-0 0000-4 -420050-16036 GrantR Revenue (FY24S State Appropriation) 14.528.750 160.000-701016086 DebtProceeds (25R RevenueB Bond) 14.528.750 460-7 7002- 560900-16036 Costofls Issuance 3,494.788 363.535 3.858.323 460-7135-5 -550103-1 16036 CapitalOutlay-C CIP 363.535 363.535 FUND4 460 (#16036) TOTALI REVENUES 18.023,538 18.023.538 18.023.538 BiosolidsD Dryer TOTALE EXPENDITURES 18,023,538 363,535 - 18,387.073 Thisa amendmentinctreasesE BondF Proceedsa and Costo ofissuancet toc cover administrativec costs associatedv witht the 363,535 - 18,387,073 The Cityl Managera and City Clerko certifyt budgeto ordinance amendment4 4032025- 08v was approvedby City Councilo on FY25R Aprit3, Revenue 2025. Bond. TO MAYOR & COUNCIL APPROVAL: April3 3, 2025 FISCAL YEAR2 2025 FORM: 04032025-09 BUDGETA AMENDMENT FUND010 ACCOUNT NUMBER ACCOUNT DESCRIPTION EXISTINGB BUDGET INCREASE DECREASE 010-1010-501002 Salaries-E Board/P PartT Time/Temp/Aux 4.500 REVISEDE BUDGET 010-1010-502001 Fical Tax Expense 450 344 4,500 010-1010-502091 Worker's Compl Ins 73 794 010-1010-531210 Permits. Licenses.a and Fees 191.976 - 73 010-1010-524020 RaMEquipment 2.700 2.217 189.759 FUNDO10 TOTALI REVENUES 2.700 Anamendmenttoin increases salaries andb benefitsf TOTAL forapartime EXPENDITURES summer ITworker 195,126 4,917 4,917 195,126 Thec City Manager and City Clerk certifyb budget ordinance ame ndmento 04032025-0 09v was approved by City Councile onA April3.2 2025. 6. PRESENTATIONS A. Annual Environmental Sustainability Board Sustainability Hero Award Recognition - Virginia Tegal, Environmental Sustainability. Board Chair Virginia Tegal explained that the Hendersonville Environmental Sustainability Board created the Hendersonville Sustainability Hero Award in 2023. The Sustainability Hero Award celebrates outstanding achievement in the pursuit of the City's commitment to lead by example in pursuing environmentally sustainable practices critical to preserving the community for future generations. The Sustainability Hero award honors an individual City employee or team that is a champion for change and is responsible for development and implementation of sustainability practices in Hendersonville and the surrounding community. The Third Annual Hero Award goes to the City ofHendersonville's Water & Sewer Department and Sustainability Utility Director Adam Steurer. APRIL3, 2025 VOLUME 28 PAGE206 REGULAR MEETING Presentation Marisha MacMorran, Executive Director of the Food B. Food Connection Connection Director of the Food Connection spoke about the Food Connection Marisha MacMorran, Executive and what they do and gave the following PowerPoint presentation. F - - - DOD connection Reducing Waste. Easing Hunger. REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 207 Food Connection was bom in Asheville, NCin 2014 Food waste statistics in the US Ini the United States, people waste 92 billion pounds of food annually, equal to 145 billion meals. They throw away over $473 billion worth of food annually. Shockingly, they waste 38% of all the food in America. 92B 38% 145B 51.7% pounds of food go to of alli food goes meals' worth off food ofv waste comes waste each year. unsold or uneaten. goes to landfills. from thet food industry. We believe that no fresh food should end up in the landfill while some of our neigbors don't have enough to eat. SEPA Wasted Food Scale How to reduce the environmental impacts of wasted food DO AVOID Prevent Wasted Food Send Down the Drain, Produce, buy, and serve Landfill, or Incinerate only whati is needed with or without energy recovery Donate Anaerobic Digestion witho disposal of digestate/piosolids or Upcycle Apply to Feed Compost the Land Animals or or Anaerobic Leave Digestion Unharvested with beneficial use of digestate/piosolids APRIL3,2 2025 VOLUME 28 PAGE 208 REGULAR MEETING Connection reduces food waste and eases hunger by rescuing Food in need! chef prepared food and distributing it to our neighbors surplus FOOD FOOD Federal Protection for food donors The Bill Emerson Good Samaritan Food Donation. Act was passed in 1996 during the Clinton Administration. Few people knew about it. This law has never been contested in the courts. to agency partners who serve the community. Bulk pans offood go directly d a - Hope CAL mee - ICAM FOOD - conned Sharing food with agency partners frees up their funding forother critical programs like housing,recovery support and mental health services. REGULARI MEETING APRIL3, 2025 VOLUME 28 PAGE 209 dogratis. FResH Meals Our Mobile Meals Truck delivers individually packaged, nutritionally balanced meals directly to communities who do not have enough to eat. APRIL 3, 2025 VOLUME 28 PAGE 210 REGULAR: MEETING a Comldafresca. Todogratis. FPesH FOOD ALLarev welcome connection. Eienvenidosatod - a Historical Meals Distributed by Type Mobile Meals Purchased Meals Agency Meals 200000 186,575 150000 80,726 115,574 107,649 104,726 96,877 36.9 955 100000 67,793 84,761 21,719 22,793 105,849 52,316 83,007 78,619 50000 61,968 29,948 20,000 39,856 10,000 0 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Food Donor Partners Institutional Donors Homegrown Gifted Food Donors Restaurant Donors Mountain Madre Asheville Academy MANNA FoodBank Explore Asheville Beradu Old School! Subs Asheville School Meals on Wheels Feeding Charlotte Bold Rock Omni Grove Park Inn Behavioral Health Group Mercy Chefs Fresh Point Cateringby Corey Pack's" Tavern Mission! Hospital HalalF FoodT Truck Celine & Company Pinegate Renewables Belfor Biltmore Property Church Restoration Montreat Conference Center Jetti Rae's Chai Pani Posana BlueF Ridge Assembly Pinegate Renewables Locals Seafood Chipotle Shop Rabbit Rabbit BlueF Ridger Power Ridgecrest Conference Center Spanishf for Fun Chop Red Radish Bounty8 &s Soul Taste of Asheville Cliffs atV Walnut Sage and Spice Caiyalynn Burrell Child Crisis Center The Cathedralo of AlL Souls Crest Innovations Center Sierra Nevada Care Partners TheFarm Dogwood Dining Health Trust Smash Starbucks Events Cragmont Assembly ThoughtfulPies UNCA Everyday Gourmet The Venue Enkal Deerfield High School Warren Wilson College Filo Delicious United Way Evergreen Charter School WholeF Foods Fioreously Good Wheel Farm Urban Orchard Game of Throwing Leicester World Central Kitchen Harrah's Cherokee Center GivensH HighlandF Farm HighlandE Brewing Company Grace Episcopal Church Homegrown Gwynn Valley LongHorns Steakhouse Haw Creek Commons Luella's BBQ HCAH Healthcare REGULAR MEETING APRIL3,2 2025 VOLUME 28 PAGE 211 Food Recipient Partners 12 Baskets Compass Point ABCCMI Daily Meal Chop Shop Regina's Rosetta's ABCCMH Hominy Valley Crisis Ministry Dream Center Taqueria Munoz ABCCM South Crisis Ministry East Asheville Welcome Table Unete's ABCCM Transformation Village Equal Plates Project Sage and MANOS Program ABCCM Veterans Restoration Quarter Food Waste Solutions Salvation Spice Asheville Terrace Apartments via Meals on Wheels Foothills Food Hub Search Army BEAR Closet in Marion Francis Asbury United Methodist Church South French and Rescue Broad Behavioral Health Group Givens Gerber Park St.. James Church Free Fridge Bell Church UMC Grass Roots Food Pantry Big! Ivy Community Center Haywood Respite Swannanoa Valley Christian Ministry Black Mountain Helene Distribution Center Homeward Bound's AHOPE Day Center Sunrise Sunrise Community Center Black Mountain Home for Children Hope for Tomorrow Western Respite Black Mountain Open Table Loving Food Resources YMI Cultural Carolina Rescue Mission Blue Ridge Apartments Lutheran Church Center Bounty and Soul Mercy Chefs Henderson Bountiful Cities Mik Kasa Criolla Back on Track. County Agency Recipients: Bread ofLife Montessori Learning Community OfAsheville United Addiction Ministries Collins Center PODS Hope Methodist Church Community Pick-up (Squashgate) Place Church Lighthouse Providence Foundation Baptist Church 2024 Mobile Meals Distributions by Program ala ene Dit Helene Distributions: 4,050 meals Youth: 11,215 meals treet Outreach Biltmore AB1 Tech: Iron 240 andN Metal: 20 AmeriCorps: 15 mmunity BlueR RidgeT Terrace Apartments: 45 Asheviley Bear Closet: Youth 132 Collective: 25 Bursvile Helene Distribution: 200 Collins EarlyLearning Center: 420 Clearmont Fire Department: 40 Hopefor Tomorrow:7 760 BeyendneB Busine Eddington Crossroads Center: Church: 790 83 InRealL Life (AVL Middle): 1018 EmergencyE Buncombe: 25 PEAKA Montessoril Academy: Leaming 328 Community: 184 Grace Church: 106 PODS: 2370 Green! MountainH Helene 61 rou: Johnstonn Middles Schoo!: Distribution: 50 VernerC Center forE EarlyL Learing: 3872 PlaceF Fellowshipo Church: 150 Youth Transformedf for Life: 2412 Reuter Family) YMCA: 454 Rose's: 100 Recovery: 5,665 meals Community Connectors: 5,064 meals UNETE: 1363 Ashevilles Survival: 56 BrandeeE EastA Asheville: 50 Wellcare: 75 BehavioralH Health Group: 1614 Beyond TheE Bus Line: 36,885 meals Brenda: 393 West) Yancey Fire Department: 125 CompassP Point:2 20 "Bigl Ivy: 543 EastA Craig: 80 WoodfinA Apts: 48 Dream Center: 92 Candler:3 3702 Asheville Community Coni nnector: 112 Woodfin Helene Distibution: 75 DSS:7 78 "Fairview: 4446 Elie:1 1739 Haywoods StRespite:: 20 LeicesterD Drive Thru: 12702 EqualF Plates Project: 50 Halal: 1,630 meals Helpmate:2 225 Ridgeview: 4665 Jess: 66 BelovedA Asheville: 250 HomewardB Bound AHOPE: 290 SwannanoaD DriveT Thru: 9964 Loving FoodResources: 104 Biltmore Village: 90 Lighthouse Collective Foundation: 1406 Veterans Restorationo Quarters: 1163 Maggie: 24 Fairview: 300 Sunrise Community Center: 1343 MaryE Benson:2 25 ReflectionF Point Village: 150 Sunrise Respite: 471 Nicanda: Nancy: 684 55 RockHIlE Baptist Church: 295 SouthF French Broad Fridge: 946 UNETE: 545 Elder: 3,708 meals Stefanie:8 88 AshevilleT Terrace Apartments: 2100 Swannanoa Valley ChristianM Ministries: 610 Blue Ridge Apartments: 1471 Vaudie: 16 Street Outreach: 166n meals Environmental Partners & Initiatives COM Recycling Initiatives POST Pan recycling - now a measurable NOW OPE miscellaneous income Warren Recycling plastic cutlery and togo Wilson COLLEGE boxes from restaurant partners 62 Paper/plastic recycling on site for meal packing shifts Compost Partners Compost NOW Warren Wilson : 12 Baskets / APRIL 3, 2025 VOLUME 28 PAGE 212 REGULAR MEETING 2024 Environmental Numbers 2024 > 160,232 Ibs diverted from the Buncombe County Landfill That converts to: 416,603 Ibs CO2 avoided 608,881.6 Ibs Methane avoided *25 times more potent than CO2 481,218 miles driven CH4 CO; Partnering with St. James Episcopal Church at 766 N. Main St. the dots Mecmedt chefs who Our refrigerated trailer acts as ODRELUV bhwenloal andour both a drop off and pick up location! taetor much food, HandersonC County neighbors or Food donor partners volunteers wodathavee enough. can donate prepared food at any time. The food is kept at a safe holding temperature while we arrange for a volunteer or recipient partner to deliveri it to where it is needed most. FOOD Hendersonville soft launch Current Food Donors: connection. Gwen Valley Summer Camp Location for Trailer: St. James Episcopal Food Prospect Donors: (Food Connection Board! Member donated money fort thel Hendersonvill Trailer!) Kanuga Conference Center Fallen Creek Hendersonville Volunteers Committed: 10+ Eagle's Nest Camp Bonclarken Center Current Food Recipients: Kenmore Country Club . Back on Track. Addiction Ministries Hendersonville Country Club Center . Hope United Methodist Church Lake Pointe Landing Retirement Center . Lighthouse Foundation Carolina Village Retirement Providence Baptist Church REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 213 Food Connection stats: Total Chef prepared meals served to FOOD our neighbors in need: 808,000+ connection. Total amount kept out of the landfill: Reducing Food Waste. 350+ TONS Easing Hunger. 1 Recognition ofTrae Laws for Graduation from the FBI National Academy Blair Myhand, ChiefofPolice Chief Myhand said that the Hendersonville Police Department recognizes Police Trae Laws, for his graduation from the FBI National Academy. On March 13, 2025, Captain, Laws was among 244 law enforcement professionals graduating from the 293rd session Captain of the FBI National Academy in Quantico, Virginia. This elite program included from 48 U.S. states, the District ofColumbia, 24 countries, eleven military participants and four federal civilian agencies. "I would like to extend a heartfelt thanks organizations, to City Council, City Manager Connet, and Chief] Myhand for the incredible to attend prestigious FBI National Academy, 29 said Captain Laws. "The opportunity training the exceptional and will significantly enhance my ability to serve the citizens provided of was Hendersonville: " Internationally known for its academic excellence, the National offers ten weeks ofa advanced leadership, communication, and fitness training. Academy must. have proven records as professionals within their agencies to attend. On Participants these officers have 21 years of law enforcement experience and usually return to their average, to serve in executive-level positions. The graduation featured remarks from FBI Director agencies Kash Patel, while Class Spokesperson. Joses Walehwa of the Brea Police Department in California represented the graduating officers. FBI Academy instructors, special agents, and other staff with advanced degrees provide the training; many instructors are recognized in their fields. Since 1972, National Academy students have been able to earn internationally and graduate credits from the University ofVirginia, which accredits all the National undergraduate Academy courses offered.. A total of 55,941 graduates have completed the FBI National Academy since it began in 1935. The National Academy is held at the FBI Training Academy in Quantico, the same facility where the FBI trains its new special agents and intelligence analysts. Captain Trae Laws continues the legacy of National Academy graduates from the Hendersonville Police Department, joining the ranks of former Police Chiefs John Nicholson and Donnie Parks, as well as current Chief Blair Myhand. APRIL8, 2025 VOLUME 28 PAGE 214 REGULAR MEETING D. HR Performance System Update Brian Pahle, Assistant City Manager Manager John Connet asked the HR team to come up to the podium and explained that City talk about the system update, however, we are the agenda says we are going to performance she is at the end of recognizing LuAnn Welter who has been with us for 25 years, retiring valuable teammates that we have and I have enjoyed May. LuAnn has been one ofthe most and with her and I really the job she's done for our community my twelve years appreciate the city and the Mayor presented her with the following resolution. Resolution #R-25-29 CITY COUNCILNAMING THE SERVICE RESOLUTION BY THE CITY OF HENDERSONVILLE EXCELLENCE MVP AWARD AFTER LU ANN' WELTER Ann Welter has served the City of Hendersonville since January 2000 and she will be retiring on WHEREAS, Lu May 31, 2025; and WHEREAS, Lu Ann Welter has served the City of Hendersonville in a variety of full and part time capacities over the pastt twenty-five years; and WHEREAS, during Lu Ann Welter's time she has been responsible for the development and implementation of the and activities: Tour of Historic Homes, Historic District Banner Program, Employee Wellness following programs New Performance Evaluation Program, Annual Turkey Trot 5K Program, Service Excellence Program, Employee Wellness Clinic, many Race, City of Hendersonville Academy, the city's current Safety Program, Employee plus more; and WHEREAS, Lu Ann Welter has been dedicated teammate and improved the quality of life for the City of Hendersonville team and the citizens we serve; and WHEREAS, Lu Ann Welter's leadership and work ethic will be greatly missed by the City of Hendersonville. BE IT RESOLVEDI by the City Council of the City of Hendersonville, North Carolina that: NOW THEREFORE, 1. The Service Excellence MVP of the Year Award be renamed the Lu Ann Welter Service Excellence MVP ofthe Year Award. Adopted by the City Council oft the City of Hendersonville, North Carolina on this 3rd day of April, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney 7. PUBLIC HEARINGS Conditional Zoning District First Avenue Villas (P24-86-CZD) Sam A. Rezoning: Hayes, Planner II that the of Hendersonville is in receipt of an application for a Conditional Sam Hayes explained City LLC for the property located at 0 Ist Ave W (PIN: 9568-77- Zoning District from ARY Development CMU-CZD (Commercial Mixed Use Conditional Zoning 1057). The current zoning of the property is Residential Conditional Use District District). The applicant is requesting to rezone the property to Urban There will be open space located at the front ofthe property. The parking is located at the rear (UR-CZD). the and the entrance and exit to the units is located in the center of the ofthe property and along street, sides that border adjacent properties and property. There will be a landscape buffer on three ofthe property This site received the The is two stories andl has twelve units. street trees located along frontage. project in 2020 with an amendment Central Mixed Use, Conditional Zoning District (CMU-CZD) approval August in August 2021. Thej property sold to a new owner, who initiated a new request for CMU-CZD in 2024, which city council denied in November 2024. REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 215 FIRST AVE VILLAS (P24-86-CZD) Conditional Rezoning City of Hendersonville City Council April 3rd, 2025 Community Development I Planning Division Sam Hayes I Planner II Location: 9568-77-1057 OFrsfAvehue.w Applicant/Owner Sarah MECoricklAppicen) Rafique ChareniaofARY Development LLC(Owner) ExistingZoning: CMU-CZD Proposed Zoning: UR CZD 5 Acreage: 0.57 Acres Project Density 21Units/Acre Proposed Use: Residential Multi-Family Background Project Details: 12 Unitresidentiel multi-family Future Land Use Designation: Downtown. Neighborhood Compatibility Meeting + Dates: December 12th, 2024 + Attendees: NEIGHBORHOOD COMPATIBILITY + In-person - 4 residents MEETING OFFICIALN NOTIFICATION + Online - 4 residents WT-Cpefinironle for: CONDITIONAL + Topics Discussed: REZONING + Dimensions of the buildings For Additional Information Call: + Tree protection (828) www.hendersant 697-3 3010 or Visit aNiew-eries +E Buffering between the properties + Parking for mail and delivery trucks + Location oft three different parking areas APRIL3, 2025 VOLUME 28 PAGE 216 REGULARI MEETING Sire a - hotos Neighborhood Compatibility ITSIATECNI REGULAR! MEETING APRIL3, 2025 VOLUME 28 PAGE: 217 Preyious Rezoning + August 2020 Conditional Rezoning (R-61 to CMU-CZD): 10 Units (Two Quad-plex 1,742 Sq Ft Buildings + Two Garage Apts) - APPROVED + August 2021 - Conditional Rezoning (CMU-CZD. Amended)- 11 UNITS (Two Quad-plex 1,742 Sq Ft Buildings + Three Garage Apts) 340 Sq Ft Total Increase - APPROVED + November 2024 Conditional Rezoning (CMU-CZD). 16 UNITS (Two 2,432 Sq Ft Buildings, three stories tally. = DENIED Bs - e - a a3 a Ba 3 a * a DE THE NAZARENE E 1st AVENUE WEST A STREETPARKING APRIL3 3, 2025 VOLUME 28 PAGE218 REGULAR MEETING S m m OMORMELEVAn - GUEATN LEE soum VA a OSARAN ON Proposed Conditions Developer Proposed Conditions: of 7' Sidewalks in accordance with Sec. 6-12-3 and Sec. 5-25- 1, Déveloper to pay Fee-in-Lieu 5.15jof the Zoning Code. instead of front 2: Developer requests to be granted relieft to provide a 12' front setback 14; sétback required per Sec. 5-25-4 of Zoning Code. 3. Developer requests a waiver of TIA requirement. 4. Within the center driveway accessing the site, the developer shall install a differentiated material for the outer 5' along both building edges to establish a pedestrian zone 5-25-5.13. and distinguish it from the primary drive lane. This will achieve the goal and intent of 5. The sidewalks leading to the front porches on the front façade shall extend to the street edge. This will achieve the goal and intent of 5-25-5.15. shall to all existing noninvasive vegetation within the 6. The developer attempt preserve wil proposed Type A buffer along the eastern side of the property. This existing vegetation if be allowed to be used as credits towards the required buffer plantings. Additionally, any of those trees are not able to be protected by the standards in 15-4d, then the developer them at the rate specified in Section 15-4b if any of those trees dié within agrees to replace 10 years post-construction. REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 219 a 1SL AV : WY W: W TIL TY SERVICEL W LNES TOBE OVEDU ROUND EDGE VALK INTENTO EEVETNT GO TRE 25-5.1 XXXXXXXXXX 5-0 Future Land Use & Conservation Opens Space Conservationl (Regulated) Open Space Conservation2 2(Natural) - Opens Space- Recreation - - Rural Residential FamiyNephphoodlhing hAvenuew 8 Muli- GeneraionlLwing Downtown 0 - Mixedu Use- Commercial 3 . Neighborhoodo Center Alntew Mixed Use- Employment E Institutional C - - Production Innovation H 1) Comprehensive Plan Consistency: Future Land Use + Downtown + MGL + OS-2 + OS-Recreation LAND: SUPPLY, SUITABILITY & The subject property is located on an underdeveloped property in INTENSITY the Land Supply Map. Designation: Downtown Character Area Description: Consistent Zoning Crosswalk: Consistent Focus Area Map: N/A FUTURE LAND USE & CONSERVATION MAP APRIL3, 2025 VOLUME 28 PAGE220 REGULAR: MEETING C2 0 Current Land 1st Ave Villas Use & Zoning P24-26-CZD (CKDACDDCAUCD) ConditionalR Rezonir Acreage: PINS:9 9568-7 0.57A 77-1 1057 Acres + CMU-CZD Current Zoning Map 2 es +C-1 + R-6 + Ecusta Trail ayRar 15 pcD The subject property is currently vacant. It is surrounded by single- Avenue family and multi-family residential homes. Directly across 1st from the subject property is Hendersonville First Church of Nazarene. EXISTING To the northwest of the property is the West End National Register Historic District, which primarily consists of single-family homes on CONDITIONS varying sized lots. There are also a mix of multi-family units in small multi- apartment buildings or in homes that have been converted into family. To the east of the property is Downtown the city's core commerciall business district. Vibrant Neighborhoods: [Consistent Abundant Housing Choices: Natural [Consistent Environment: [Somewhat Consistent] RELEVANT GEN H Healthy Authentic and Community Accessible Character: [Somewhat Consistent] GOALS Safe Streets and Trails: [Consistent] Reliable & Accessible Utility Services: [Consistent] Welcoming & Inclusive Community: [Consistent] Mix of Uses: [Consistent) Compact Development: [Somewhat Consistent] Sense of Place: [Somewhat Consistent] GEN H GUIDING Conserved & Integrated Open Spaces: [Somewhat Consistent] PRINCIPLES Desirable & Affordable Housing: [Consistent] Connectivity: [Consistent) Efficient & Accessiblel Infrastructure: [Consistent Site Design - Many aspects of the site plan align with the Design Guidelines in Chapter 5 oft the Comprehensive Plan including: building placement, landscaping, parking and on-site open space. One area of concern. is the buildings do not parallel the street edge. DESIGN GUIDELINES Height The applicant has revised the proposal to reduce the ASSESSMENT overall height to 29' which aligns with the Downtown Design (Chapter V) Guidelines in Chapter 5 of the Comprehensive Plan for both maximum height and residential transitions. It is also not out of scale with existing adjacent residential structures. Architecturall Design Many aspects oft the building design align with the design guidelines, notably the inclusion of an activated front stoop. REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE2 221 The property has previously been rezonedi to accommodate 11 units on the property. 3) CHANGED CONDITIONS Additionally, the Ecusta trail, which will be partially completed by the end of this year, is a new transportation and recreation facility located less than 1/2 mile from the: subject property. The status oft the region's affordable housing crisis is well documented from such as the Bown Study. The City of Hendersonville is currently engaged in a reports Strategic Housing Plani to further address this issue. 4) PUBLIC The provision of 12 additional housing units on a relatively small, infill parcel wilk INTEREST put residents within close proximity to employment, shopping, recreation, etc. The proposed development would utilize existingi infrastructure and city services. Thes subject subject property is will be served by City of Hendersonville services. The 5) PUBLIC which facilitates property the located disbursement within the of additional: City's existing interconnected street grid, FACILITIES proximity to the Ecusta trail, and less than a 5-minute automobile walk to traffic, historic and is in. close. St, both traveled. ofv which facilitate ar reduction in typical per household vehicular Main miles Mature Trees: There are a. number. of mature trees and vegetation around the subject removed. property. Some of Tree the canopyi trees on in the the east center side of of the the property is proposed to be removed while others willl be preserved: and property are proposed to be 6) EFFECT ON incorporated into the required buffer ENVIRONMENT NATURAL development Stormwater: Stormwater due to the disturbed management: area standards being less are than not 1 triggered acre. The byt developer this proposes to utilize pervious pavers for the center drive aisle, DRAFT: Comprehensive Plan Consistency Statement Thé 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 is consistent with the Future Land Use and Conservation Map Designation of Downtown' and the corresponding Character Area Description found in Chapter IV of the Gen. H Comprehensive Plan. APRIL3, 2025 VOLUME 28 PAGE 222 REGULAR) MEETING Draft: Reasonableness Statement We find this petition to be reasonable and in the public interest based and ony the information from the staff analysis and the public hearing, beçause: [Rationale for incorporates Approval] a mix of housing types into an existing urban The petition neighborhood. an efficient use of property in the core of the city. +The petition provides would place residents within an area of existing city services +The petition and infrastructure. would place residents within walkable / bikeable proximity of a +The petition including employment, shopping, and recreation.. range of destinations walkable neighborhood design characteristics. +The petition provides to have a vibrant interface with-the public realm. +The petition proposes 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 beçause: [Rationale for Denial] The petition proposes a development that is incompatible with the existing neighborhood due to height, scale, and architectural design. The petition proposes a density that is out of character with the surrounding neighborhood The petition would generate excessive traffic, noise and light in an existing residential neighborhood. Attorney Brian Gulden spoke and said the issues before were three stories and some privacy issues, made some changes, we've reduced it, fixed the front issue, however, we are going now we've is met, we have 12 parking spaces for the 12 units from 16 units to 12. Thej parking requirement additional new 13 and we are going to paint new spaces on 1st Avenue out front SO there will an term spaces and we also have a letter of intent from the church across the street to lease us long through a licensing agreement for an additional 25 spaces. The public hearing was opened at 6:33 p.m. In) Person: Ken Fitch spoke briefly and positively about the project and hopes that it brings everything promised and doesn't chase away the cardinals and angels. Via Zoom: Helen Waldrop Youngblood spoke positively about the project. The public hearing was closed at 6:46 p.m. City Council Member Lyndsey Simpson moved City Council adopt an ordinance amending the official zoning map of the City ofHendersonville changing the zoning -designation of the subject property (PIN: 9568-77-1057,from CMU-CZD (Central Mixed Use Conditional Zoning District) to UR-CZD (Urban Residential - Conditional Zoning District) based on the site plan and list of conditions submitted by and agreed to by the applicant dated 4-1-2025, and presented at this meeting and subject to the following: REGULARI MEETING APRIL3, 2025 VOLUME 28 PAGE 223 1. The development. shall be consistent with the site plan, including the list of applicable conditions contained therein, and the following permitted uses: a) Residential, Multi-Family 12, 2-3 Bedroom Units 2.. 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 because: The petition is consistent with a range of Goals, Guiding Principles and the Future Land Use Designation of Chapter IV ofthe Gen H Comprehensive Plan. 3. Wefind this petition to be reasonable and in the public interest based on the information from the staff analysis, public hearing and because: 1. The petition incorporates a mix ofl housing types into an existing urban neighborhood. 2. The petition provides an efficient use oft property in the core 3. The petition would place residents within an area of existing ofthe city services city. and infrastructure. 4. The petition would place residents within walkable. / bikeable proximity of a range destinations including employment, shopping, and recreation. of 5. The petition provides walkable neighborhood design characteristics. 6. The petition proposes to have a vibrant interface with the public realm. A 4-1 vote of the Councilfollowed with Council Member Lowrance voting nay. Motion carried. Ordinance #25-16 AN ORDINANCE OF THE CITY OF HENDERSONVILLE CITY COUNCIL TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSONVILLE FOR PARCELS: POSSESSING PIN NUMBER: 9568-77-1057 BY CHANGING THE ZONING DESIGNATION CMU-CZD (CENTRAL MIXED USE CONDITIONAL? ZONING DISTRICT) TO UR-CZD (URBAN RESIDENTIAL- CONDITIONAL ZONING DISTRICT) INI RE: Parcel Numbers: 9568-77-1057 Addresses: 01stAve West ISt Ave Villas: (File # P24-86-CZD) WHEREAS, the City is in receipt of a Conditional Rezoning application from applicant and Rafique Charania ofARY Development LLC, for the development of 12 multi-family residential property units on owner, IstAve W; and WHEREAS, the Planning Board took up this application at its regular meeting on March 25, 2025; 7-0 to recommend City Council approve an ordinance amending the official zoning map of the voting of Hendersonville, and City WHEREAS, City Council took up this application at its regular meeting on April 3, 2025, and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City ofl Hendersonville, North Carolina: 1. Pursuant to Article XI oft the Zoning Ordinance of the City of Hendersonville, North Carolina, the Zoning Map is hereby amended by changing the zoning designation of the following: Parcel Number: 9568-77-1057, changing the zoning designation from CMU-CZD (Central Mixed Use Conditional Zoning District) to UR-CZD (Urban Residential- Conditional Zoning District) 2. Development of the parcel pursuant to this Ordinance is subject to the following. a. Development shall comply with the site plan submitted by the applicant dated February 26, 2025, including the conditions listed therein, [and/or as modified and presented to City Council[and/or including modifications approved by City Council which shall be added tot the site plan. The updated site shall be submitted to the City at or before the applicant's execution of this Ordinance). b. Permitted uses shall include: i. Residential, Multi-Family. 12 Units APRIL3, 2025 VOLUME 28 PAGE 224 REGULAR MEETING C. Additional conditions that shall be satisfied prior to final site plan approval include: i. 3. Except where modified by the terms ofthis Ordinance, development of the parcel(s) shall occur in accordance with the final site plan requirements of Article VII of the Zoning Ordinance of the City of Hendersonville, North Carolina. 4. Except where explicit relief is granted by the terms of this Ordinance, the development of the parcel(s) shall occur in accordance with all applicable standards within local ordinances and policies. This ordinance shall be not be effective until the list of use(s) and conditions, established herein, is consented to in writing by the applicant and all owners of the subject property. Upon such written consent, this ordinance shall be effective: retroactive to the date ofi its adoption. Adopted this 3rd day of April 2025. Barbara G. Volk, Mayor Attest: Is/Jill Murray, City Clerk Approved as to form:/s/Angela S. Beeker, City Attorney Text Amendment: Flag Lots & Small Lots (P24-89-ZTA) = B. Zoning/Subdivision Matthew Manley, AICP, Long-Range Planning Manager Matt Manley explained that the City of Hendersonville has received an application from Barry Subdivision Ordinances to introduce exceptions that would Bialik to amend the City's Zoning and allow for the greater utilization of underdeveloped land for small houses in an effort to increase the stock of "attainable", for sale houses. The proposed changes would allow for reduced minimum lot sizes, lot widths, and setbacks for lots created to establish homes that are no greater in size that 1,200 Sq Ft Gross Floor Area (GFA). The proposed allowances come in two forms: 1) Reduced Pole Flag Lots and 2) Small Lots In each case the minimum lot size would be reduced to 2,000 Sq Ft and limited to the allowance two-family home, accessory dwelling unit or any combination thereof of a single-family home, Gross Floor Area. The minimum setbacks with at total square footage no greater than 1,200 Sq) Ftin would be and lot widths for these compact lots would also be reduced. In combination, you permitted up to a maximum of 61 lots (reduced pole flag lots + small lots) on any parcel less than 2 acres in size. The proposed changes align with the City's recently adopted Gen H Comprehensive Plan and address needs identified by the City's Strategic Housing Committee. The Legislative Committee of the Planning Board reviewed the item on January 21st and the Strategic Housing Committee reviewed the proposed changes on February 17th. The Planning Board voted unanimously to recommend approval ofthe proposal at their special called meeting on March 25th. FLAG LOTS + SMALL LOTS (P24-89-ZTA) Zoning Text Amendment City of Hendersonville Planning Board March 25th, 2025 Community Development I Planning Division Matthew Manley I Long-Range Planning Manager REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE225 Project Name: Flag Lots+ SmallLots (P24-89-ZTA) Applicant/Owner: Barry Bialik (Compact Cottages) Articles Amended: Zoning Ordinance Article V. Zoning District Classifications Article VIIL. Exceptions & Modifications Article XII. Definition ofTerms Project Subdivision Ordinance Article 3. Configuration ckgroun Article 8. Measurements Article 9. Definitions Zoning Districts Impacted: Residential districts + MIC+ RCT Future Land Use Designations: Rural Residential FamilyNeighbothoodi Living Mult-Generationall Living "Affordable Housing" 30% of Income or Less 4 "Low Income Housing" + Subsidized Housing Project +"Attainable Housing"/" "Workforce Background Housing" + Market Rate I 120% AMI + Fee Simple +"Starter Home" VACANTI LOT EXISTING STRUCTURE Current Accessway Standards Lot3 Easiest way to generate revenue from existing land without incurring the expense of building a City Street? Accessway Lot1 Accessway Lot2 Add ADU upt to 800 Sq Ft > You can do this on any Residentiall lot > Frontage Frontage < Upt to 3 Lots on 45' Accessway Lot1 Lot2 Each Lotr must meet Min Lot Size < No! Maximum Dwelling Size <31 Lots or less tol be "exempt subdivision" (this ex. would be a "minor subdivision") Under R-15 you would need over: an acre to do this APRIL3, 2025 VOLUME 28 PAGE: 226 REGULAR. MEETING Proposed Standards EXISTING STRUCTURE (20,000 Sq Ft Lot) VACANT! LOT(20,000 Sq! FtL Lot) Lot, Single- Family Dwelling" mgin. - lot - 1 loti lines w/s Single-F Family well ng" FN Aet Bange distnct EE cruneenes Suns oN units E lE wo-Family Dwelling" greater R GFA sspt ot, m e 005 sF RPERE PS size aS Uulity Easement Accessory Dwelling Unit" Utility Easement Access Easement Access Easement 2 R-15 Lot Res sid ot Small Lot EmEn Waste Street Commant Street 10rwith 10'1otwiath SF) GHA-G BossPperA mtn PES SF) GFA Cre mNE eS Dased : arybasegens 40'x50' Lot Real World Example Durham, NC Durham, NC Real World Example REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 227 Real World Example Durham, NC Proposed Amendments: Zoning ZONING ORDINANCE Ordinance Thét following language will be added as a cross reference for the list of zoning districts below: Subjectto andTwo-Family - Dwellings Dwellings - EXECPTIONS AND MODIFICATIONS S Sec. 8-4. - Reduced Flag dimensionalr Pole Lots FTEPATGEN and Sec. 8.5. -SmallLot. 5-1-3. Dimensional requirements. [R-40 Estate Residential District] 5-2-3. 5-3-3. Dimensional Dimensional requirements. [R-20 Low-Density Residential Zoning District] 5-4-3. Dimensional requirements. [R-15 Medium-Density Residential Zoning District] 5-5-3. Dimensional requirements. [R-10 Medium-Density Residential Zoning District] 5-10-3. Dimensional requirements. requirements. [R-6 [MIC High-Density Medical, Institutional Residential and Zoning Cultural District] 5-13-3. Dimensional requirements. [RCT Residential Commercial Transition Zoning Zoning District] District] Article VIII = Exceptions & Modifications Sec.8-4. Reduced Pole Flag Lots & Small Lots $4-1.Purpose:7 The purpose oft this section istop provide greater flexibility int the developmento ofhousing units andu use ofa availablel land! bya allowings smallf footprint! housing ons small lots and reduced pole flag lots toencourager residential infill development. provide missing middle! housing. and allown more opportunities for the construction of workforcel housing, all within parameters that will preservet the identity and character ofthec community. 8-4-2.- Applicabilitv:) In applicablez zoning districts (reference Article V. - Zoning District Classifications forapplicablez zoning districts). Reduced] Pole] Flag Lots or Small Lots oracombinationt thereofo can be appliedt toa any Lot of Recordt twoa acresi ins size orl less. Residential uses shall be alloweds subjectt tot the applicablez zoning district's] Permitted Uses. APRIL3, 2025 VOLUME 28 PAGE228 REGULAR MEETING 8-43. Dimensional Requirements: Réduéed Pole] Flagl Lots 2.000 Minimum lota area ins square feet: 25 Minimumf flag portion of lot widthi inf feet: Minimum pole portion oflot widthi inf feet*: 10 See Sec. 8-4-4 - Access and Frontage Driveways and Accessways Improvements. Minimum vard requirements infeet: 5from all perimeter lot lines Maximums structures size ins square feet(SF). Gross Floor Area (GFA): New lotwith news structure 1.200* Existing structure one existingl lot Nos structure sizel limit. Structures >1.200SF GFA.1 lots shall meet underlying zoning district dimensional standards: structures K1.200 SF GFAI may use Reduced Pole Flag Lot or Small Lot. Allstructures shall be located inc compliance Structure location: with fire code requirements. *** inf Subject tot the heightl limito of thé anderlying Maximum structure heighti feet: zoning district. Small Lots 2.000 Minimum lot area ins square feet: 25 Minimum lot width"i ini feet: Minimum vardr requirementsi in feet: Front: 10 Side 5 Rear 10 Maximum: structures size ins square feet (SF). Gross 1.200** forr newo construction Floor Area (GFA) Allstructures: shall be locatedi in compliance Structure location: with fire code requirements ** Maximum structurel heighti ini feet: Subiect to the height limit oft the underlying zoning district. Residual Lots with existings structures: with requirements Existing structure >1 1200 SF gross floor area Must comply dimensional district. of underlving zoning Existing structure <1 1200 SF gross floora area May use Small) Lot standards. Reduced] Pole Flagl LotI Developments: Maximumt total number ofl lots permitted: 6 Maximum number of reduced pole flag lots permitted: 5 Maximumt totala acreage: 2.0 acres SmallLotD Developments: Maximum total number ofl lots permitted: 6 Maximum number ofr freduced polef flagl lots permitted: 5 Maximum total acreage: 2.0acres REGULAR MEETING APRIL: 3, 2025 VOLUME 28 PAGE 229 Accessory Dwelling Unit (ADU) conversions to fee-simple lots shalli install independent connéctions for the unit. water ands sewer **1 1.200 SF GFAI may be allocated to one dwelling unito or split over 1-31 units (ie. ADU. Single-Family. or Two-Family). Accessory dwelling units onas smalll lot or flag lots shall remain subjectt tot the Section 16-4-1. requirements of NOTE: Any plat createdi for this option shallr require a note stipulating a maximum home size SF GFA. of 1.200 *** City ofHendersonville. Code of Ordinances. Chapter 22 - Firel Prevention and] Protection. Access requirements forf fire apparatus Sec. 22-6- #See Article XII for definition of "flag" and "pole". NOTE: Thiss section contains zoning requirements only. Compliances withz zoning does guarantee compliance with privater restrictions. Developers are encouraged to consult requirements with an not conceming private restrictions attorney Reduced Pole Flag Lot, 5' setbacks on all Single-Family Dwelling* perimeter lot lines Residual Lot w/ Structure Reduced Pole Flag Lot, greater than 1,200 SF GFA Max. 1,200 SF GFA** meets dimensional requirements of dwelling space per lot, of underlying zoning district in one unit or split over 1-3 units Existing Structure Reduced Pole Flag Lot, greater than 1,200 SF GFA min. lot size 2,000 SF Utility Easement Access Easement Common Solid Waste MM Collection Easement Street 10' lot width *Subject to Permitted Uses for underlying zoning district * GFA = Gross Floor Area (in square feet, SF) ** Dimensions/locations: to vary based on service-provider requirements Figure 1: Reduced Pole Flag Lot 2025 VOLUME 28 PAGE 230 REGULAR MEETING APRIL3, Residual Lot Small Lot, Small Lot, Max. 1,200 SF GFA** Setbacks of in one dwelling unit or space split per over lot, 1-3 units Front: 10" Utility Easement Side: Rear: 5' 10' Small min. lot Lot, size 2,000 SF Access Easement Single-Family Dwelling* Small Lot Common Solid Waste Street Collection Easement 25' lot width *Subject to Permitted Uses for underlying zoning district GFA = Gross Floor Area (in square feet, SF) Dimensions/locationsi to vary based on service-p -provider requirements Figure 2: Small Lot 8-4 4, Aecess and Frontage Improvements: a) Drivewavs. Utilities andAccessways may be placed within the "pole" or an alternate site location via access and/or futility easements. b) Shared) Driveways: à Useofas shared drivewayt tos serve one] Reduced] Pole Flag Lot and one or more adjoining Small Lots. Residual Lots. or conventional lotsi ispermitted. When using a shared driveway. placing the driveway within the pole(s)i is encouraged but not required. (ref. Figures land2) b Wheret thep poles oft two or more] Reduced Flag Pole] Lots adjoin. use ofas shared drivewayto within the servet the Reduced Pole Flag] Lotsi is required. The shared driveway must be located adjoining pole(s)(ref. Figure 3). e Shared driveways must meet the following standards: i. The shared driveway must! have a minimum of unobstructed width of 10 feet, ii. The shared driveway must be shown ont the recorded plat. and iri. Thes shared driveway must be memorialized in a recorded* access easement containing provisions for the maintenance oft the shared driveway. Ifutility infrastructure (e.g water.sewer. electric. etc.) is located withina shared driveway. the recorded aecéss easement shall also allow access within the easement forrepair. mainfénancerand placement oft the utility infrastructure. *recorded in the Henderson County-Reristersf Deeds Office REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 231 UtilitvEasements: a, Where utilitys servicel lines and/or equipment serving a Reduced Pole Flag Lot. Small Lotor Residual Lota are located on or cross another lot. a shared utility easement is required. Shared utility easements may be placed on "pole and other alternatives site locations includingwithina shared driveway. Sharedi utility easements must meet the following standards: i. Thes shared utility easementr must have a minimum ofwidths of 10 feet, ii. Thes shared utility easement must bes shown ont the recorded plat, and ini. Thes shared utility must be memorialized in aj recorded* easement and must contain provisions allbwing ther repair. maintenance and placement of utility infrastructure. and access for the foregoing purposes. *recordedi in the Henderson County Register of Deeds Office b. Utilitymetersa and associated infrastructure shall bel located according tos service-provider requirements. (Please see Chapter 52 ofthe] Hendersonville Code of Ordinances for adéitomsfisirements) d) Solid Waste Collection Easements: a. Appropriatelv-sized "Common Solid Waste Collection] Easements' lare required fort the orderly placement of. and access to. solid waste containers and bulk item brush collection. These easements shall be sized according to container dimensions and the number of containers serving the development: along withs sufficient spacet to meet brush collection standards. These easements shall be located in accordance with best practices anda avoid being placed on/near/under water meters. sewer cleanouts. powerl lines. guy wires. fire hydrants. etc.. and shallc comply with anya additional locational or sizing standards contained within Chapter 44of the Hendersonville Code of Ordinances. b. Solid Waste Collection Easements must be shown and identified asa' 'Common Solid Waste Collection Easement on the plat ands shall require review and approval from Planning staff and/ the City Public Works Director. e) Sidewalks (Sec. 6-12) and Street Trees (Sec. 15-15)s shall applyt to all Reduced Pole Flag Lot Developments and Small Lot] Developments. 8-4-5. Reduced Pole Flag Lotl Developments: Inall Reduced] Pole] Flag LotI Developments or Small Lot Developments containing more than one] Reduced Flag Pole] Lot, the following provisions shall apply: a) Eachl lot within the Developments shall! have at least 10 feet ofs street frontage. Thep pole ofal Reduced Pole Flag Lot mays servea ast the street frontage. b) Ashared driveway shall bet used ast the sole accesstol Reduced Polel Flag Lots whose poles are adiacent. c) Reduced Pole] Flag Lot Developments and/or Small Lot] Developments shall be subiect to Section 7-12. 'Aggregation!. 846-Landeaping In additiont tor required streett trees. at least one larger maturing and one smallr maturing trees shall be planted or preserved on alll lots establishedi undert these provisions. APRIL3,2025 VOLUME 28 PAGE 232 REGULAR MEETING Reduced Pole Flag Lot, 5' setbacks on all perimeter lot lines Single-Family Dwelling* Reduced Pole Flag Lot, Max. 1,200 SF GFA** of dwelling space per lot, in one unit or split over 1-3 units Two-Family Dwelling* - Multiple Reduced Pole Flag Lot, min. lot size 2,000 SF Utility Easement Accessory Dwelling Unit* Access Easement Residual Lot / Small Lot Common Solid Waste Collection Easement *: Street 10 lot width "Subject to Permitted Uses for underlying zoning district ** GFA = Gross Floor Area (in square feet, SF) Dimensionsy/locations to vary based on service- -provider requirements Figure 3: Reduced Pole Flag Lot Development + Small Lot Reduced Pole Flag Lot, 5' setbacks on all perimeter lotl lines Multiple Reduced Pole Flag Lots, min. lot size 2,000 SF -Accessory Dwelling Unit* Utility Easement - Single-Family Dwelling* Small Lot, Setbacks Front: 10" -Access Easement Side: 5' Rear: 10' -Two-Family Dwelling* Small Lot, min. lot size 2,000 SF Small Lot Common Solid Waste Small Lot, Collection Easement Max. 1,2000 SF GFA** 10 of dwelling space per lot, lot width Street 25" in one unit or split over 1-3 units lot width! "Subjectt to Permitted Uses for underlying zoning district * GFA: - Gross Floor Area (in square feet, SF) * Dimensions/locations to vary based on service- -provider requirements Figure 4: Small Lot combined with Reduced Pole Flag Lot Development. six (6) lot maximum REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 233 FlagI Lot:AI lots witht twod distinctp parts:(Thef flag. whichisthe onlyb buildings site:meetst thel lot widthr requirementoft thezoning Article XII = district:andis locatedb behinda anotherl lot:a and (2thepole.which connectsthe flagtothes street:providest theo onlvstreetf frontage Definition of Terms andaccessf fort theld lot:a andatany pointi isl lesst thant ther minimum lotwidthf forthezone. EAgLot.Reduced Pole:Af flag oty withr reducedd dimensionaln -M4 ReducedPole FlagLots &s SmallLots. Reduced Pole Flag Lotsf featured dwelling(s) withatotalof 1.200s squaref feeto of Gross Floor Area. Gross FloorA Area (GFA):Thet totale enclosed areac oft thehorizontals Isufaceofall floors ofab buildingsn measuredt to theoutside faceo ofthestructural membersi inexterior walls. buildingor LotA shallbei Area:Thet totala lareav withinthe lotli lines ofaplattedl Jot.) Lands locateds withina anyp privateeasements includedu withint thel lota area.3 Thef followingf featuress shall notbei includedinc calculating [FlagF Portiono ofLot) minimumlota regularly underwater areari. Publicstreetr randi jurisdictional TIEMOEVVPIE: wetlands. street area:andi ii. Landthatiss submergedor Reduced Polel Flag Lot Development: any-developmente creating twoorr morel Reduced PoleFlag Lots Flag Lot created pursuantt to Sections 84Reduced Pole FlagLots SmalILots Reduced Pole-FlagLot Developmentsn mava also inclndeSmAlllots createdp pursuanttos Section8.4. Reduced PoleFlatLot Developmentss shall Ibe.deemedtoin include all Reduced Pole FlagLots. Smalll Lotsa and ResidualLots created as parto ofthed development. ResidhualIattArmiaias! lotresulingf fromt thes creations ofaReduced Polel Flag Loto or SmallLot 3 pursuantt toSection 84- -Reduced Polel Flag Lots &Smalll Lots. of SmallLot: Aloty withr reducedd dimensionalr requirementswith: amaximums squaref footagep perZoning Residual Lot of1.200s Ordinance Sec.8 8.4-ReducedP Pole Flag LolsSmilllos SmallLotsf feature dweling)wvithatoll squaref feetofGross I FloorArea. Sections SmallI Lot 84ReducedP Development: Pole any FlagLots&s developmente SmallLots. creatingt twoormores Smalll Lots createdp pursuantt to I Reduced Pole FlagLols created pursuantt to Sections 8.4. SmallLotD SmallLot Developments Developmentss may alsoi include be include all Reduced Pole Flagl Lots. Smalll Lotsa andE ResidualI Lots createda aspart oft shall the development. deemedto ARTICLE 3. - CONFIGURATION Sec. 3.03 Proposed Amendments: Subdivision Ordinance CFlagl lots. New flag lots may be established, subject to the following requirements: 1. Except where topographic conditions or environmental constraints make lota access impractical, no more thant five percent oft thel lots within a subdivision (ori individual phase ofas subdivision) may be configured as flag lots. 2. New flag lots may be established: along any typeofstreet. Whenl located along: an expressway or boulevard street enly-in-eases where access to thes street is shallbes shared with an adjacent lot (see Figure 3.03.C, Flag Lot Access). 3. The' "pole,"a arm," or "pan! handle" portion ofaf flagl lot shall maintaina a minimum width of at least 20 feets excepta tasprovidedu under Section 3.03. ReducedPole Flag Lots. 4. Use ofas single driveway to serve an: adjoining flagl lot ort tos serve ai flag lota and an adjoining conventional loti is encouraged. In the case ofa driveway shared with a conventionall lot, the location for thec drivewayi is ont the flagpole portion oft the flag lot, with the conventional lots granted preferred access easemento over the flagpole. an- 2025 VOLUME 28 PAGE 234 REGULAR MEETING APRIL 8, D.Reduced Pole Flagl Lots (requirements below are cross-referenced from Hendersonville Zoning Ordinance. Sec. 84. - Reduced) Pole Flag Lots & Small Lots) 1. Purpose: Thep purpose oft thiss subsection 3.03D ist to provide standards fort the development ofs subdivisions containing Reduced Pole Flag Lots and/or Small Lots. Theprovisions of this Subsection 3.03D. shallapplyt to anys subdivision containinga 2. Applicability: Reduced Polel Flag Lot or Small Lot thati is being developed ina accordance with Section 8.4 oft the Cityof Hehdersonvillez Zoning Ordinance- Reduced Pole Flag] Lots & Small Lots and this Subdivision Ordinance Sec. 3.03 Lots. D. Flag Lots. Reduced Pole. AII Reduced] Pole] Flag Lot Subdivisions and All Small Lot Subdivisions 3. Dimensional with Requirements: Section 8-4 oft the City of Hendersonville: Zoning Ordinance Reduce Pole] Flat] Lots & must complys Small Lots. Reduced) Polel Flagl Lot Minor Subdivision: Maximum total number ofl lots permitted: 6 Maximum number ofr reduced pole flag lots permitted: 5 Maximum total acreage: 2.0 acres Small Lot Minor Subdivision: Maximum total number ofl lots permitted: 6 Maximum number ofreducedp polef flag lots permitted: 5 Maximum total acreage: 2.0acres - E - 4. Access andFrontagel Improvements: within the "pole" alternate sitel location = a) Drivewavs.Uilities: and Accesswaysr maybep placed orana via'access' and/or futility'e easements. b) SharedDrivewavs: - a. Useofasharede drivewavt toserveo one-Reduced Pole FlagLota ando one or morea adioining SmallLots. ResidulIots.orc conventional lotsis permitted. Whenz usingashared drivevay.placingt the drivewayy within thep pole(s)ise encouraged but notr trequired.(ref Figuresland2) b. Wheret ther polesoftwo or more] ReducedFlag Thes PoleL shared Lots adjoin, drivewav use must ofas shared bel locatedwithin drivewayto servethe ReducedPoleE Flag Lotsisrequired. thea adioining pol-fsltrefFisures). Shareddrivewavsr mustmeett thef following standards: i. Thes shareddriveway, must havea al minimum of unobstructeds width of 10feet, ii. Theshareddrivewayn must bes shownonther recordedp plat and - : iii. Theshareddriveavn coiningprvisionsf must fort ther ber maintenance memaiatiadinatreaskty eoft thes shared driveway. access easement Tfutility infrastructure (e.g. AEFEEEClectic etc.)islo located withinas sharedd drivéway, therecordeda access casementshalla alsoa allowaccess infrastructure. withint "recordedint the casementfrrepaic teE maintenances andi placementofu thet ntilitv Hendersoy County Register of DeedsOffice REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE2 235 c) Utility Easements: a. Where utility servicel lines andlor equipments serving a Reduced] Pole Flag Lot.Small Residual Lot are located lonors cross another lot.as shared utility easementi is required. Lotor Shared utility within easements mav be placedo on "pole' and other alternatives sitel locations including a shared driveway. Shared utility easements must meett the following standards: i Thes shared utilitye easement must haveay minimum ofvidth of1 10f feet, ii. The shared utility easement must be shownont the recorded plat. and ii. Thesharedutilitvyr must be memorialized inar recorded* easement and must contain provisionsallowing! the repair-maintenancer and placementofutilitv: infrastructure. andaccess ofDeeds fort the foregoing purposes. "recordedi in thel Henderson County Register Office b. Utilitymeters: and associated infrastructure shall bel located according tos service-provider requirements. (Please see Chapter 52 oft the Hendersonville Code of Ordinances for additional requirements.) d) Solid Waste Collection Easements: a. Appropriatelv-sized "Commons Solid Waste Collection Easements' arerequired for the orderlyp placement of anda accesst to.solid waste containersa and bulk item brush collection. These easements shall be sized according to container dimensions and the numberof containerss serving the development: along withs sufficients space to meet brusho collection standards. Theses easements shall be locatedi in accordance with best practices anda avoid beingplaced hydrants. on/near/under water meters. sewer cleanouts. power lines. guywires. fire within etc.. ands shallcomplywvith: anyadditional locational ors sizing standards contained Chapter 44 oft the Hendersonville Code of Ordinances. b. Solid Waste Collection Fasements must bes showna and identified as a 'Common Solid Waste- Collection Easement" ont the plat and shallr requirer review and approval from) Planming staff and the City Public Works Director. e) Sidewalks SmallI (Sec. 6-12)and Street Trees (Sec. 15-15) shall applyt tos all) Reduced Pole Flag Lo ets, Lots and ResidualLots. 5. Reduced Pole Flagl Lot & Smalll Lot Minor Subdivisions: a) The provisions oft thiss section may be used inc combination with Small Lots. withal limit ofsix (6) total lots. b) Reduced) Pole Flag Lot Minor Subdivisions and Small Lot Minor Subdivisions containing more than 3t total lots are not exempted from the standards of Article 6. 'Owners Associations'. c) Inr no case shalle eachs subdivided lot have lesst than 10 feet ofs street frontage. Thej pole can serveas the streetf frontage. D. E. Double or reverse frontage lots. *** E F. Corner lots. *** F G. Drainage and flood prevention. *** 2025 VOLUME 28 PAGE 236 REGULAR MEETING APRIL8, ARTICLE 3. - CONFIGURATION Sec. 3.04 Proposed Amendments: 3. Accesss servingr more than three lots. Mahaserianafhalisa Pole Flag lots. LotsMinor accessways Subdivisions and/ors SmallLotMinors Subdivisions containingr moret thant threel Subdivision serving more thant threel lots shall! be designed, built, and maintainedt to public street standards. Ordinance FIQURE 3.04A.2: STREET ACCESS EXEMPTIONS 45'a accessway Exemptsubdivision Bonafidefar Expediteds subdivision Publicst street ARTICLE 6. - OWNERS ASSOCIATION Sec. 6.02 Proposed Amendments: B: Withtheex establishment exéenfion ofMultiple ofs and owners' Reduced associations Pole) FlasTot shall notb Minor be required Subdivisions forn minor andorSmallLotk subdivisions (see Minor Subdivision Subdivisions. section'? 2.04.I minors subdivision). or expediteds subdivisions (sees section 2.04.F. expedited: subdivision). buitt ther responsiblep party for any private infrastructure shall bei identified int the subdivision approval. Ordinance ARTICLE 8. MEASUREMENT Sec. 8.02 Sec. 8.02. Rules ofr measurement. C.I Lot Dimensions 1.Lot Measurements. a. Minimum lot are! Jill Omurayohvinc in ired landa area, measured horizontally.that: must incruded withn thel ofal lot. Lands located within any privatee easements shall be included within the lot area. The following features shall notb bei includedi in calculating minimum lots area: 1. Publics street rights-ofway: LE Privates street area; ofat - he ey m"er pan handle" portion flag-lotand iv. Land that is submergedo or regularly underwater andj jurisdictional wetlands. ARTICLE 9. - DEFINITIONS Sec. 9.01 Proposed Amendments: Subdivision Sec. 9.01. Definitions. Ordinance FlagLor Amimesulariyshened! lot-wheret thel buildable pertion-efthe aiaemsutieitiss frentage by an am-Purtlhe-ineasess whereaminimum stwilliegerill the-arm-is less than-t the mn presim aptiven minimumuregiret Hetwidth A lot witht twodistinctp parts:Thef flag.whichist theonly la buildings site: meetst thel lotwidthr requirement oft thez zoningd district:andi is located behind anotherlot:and (2)the pole. whicho connectst the flagt to thes street.provides the onlys street frontage anda access fort thel lot: and at any pointi is less thant ther minimum] lots width for the zone. Flag Lot. Reduced Pole: A flag lots withr reduced dimensionalr requirements this created pursuant Ordinance to the Sec. Hendersonville Zoning OrdinanceSec. 8.4 Reduced Pole Flag Lots and Subdivision 3.03- -Lots. D. Flag Lots. Reduced Pole. LotArea: Thet totalareawithint the lot linesofar platted lot. LotAreas shall bec calculated accordingto Section 8.02.C.1.a. Minimum lot area of this Subdivision Ordinance. Reduced Pole] Flagl Lot MinorSubdivision A Minor Subdivisioncostainintt two or more ReducedPole Flag Lotscreated pursuantt to Hendersonville Zoning Ordinance Sections 84-RedueedPoler FlagLots SmallI Lotsandt this Subdivision Ordinance Sec. 3.03 Lots. D. Flag_Lots. Reduced Pole. Reduced Pole FlagLot/Minor Subdivisions mayalso include Small Lots created pursuantt to Section8.4. Reduced Pole FlatLot Minor Subdivisions shall be deemed toi include all Reduced Pole Flag Lots. SmallI Lotsand Residual Lots created as part oft thei minor subdivision. REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 237 ARTICLE 9. DEFINITIONS Sec. 9.01 Residusi Lot: Ar remaining) lot resulting from the crationofaReduced) Pole Flag Lot or Small Lot. SmliLotA lot withreduced dimmiomirsisemsaes withan maximums squaref Hendersonville Zoning Ordinance Sec.8.4 - Reduced Pole Flag Lots & Small Lots footageperthe and this Subdivision Ordinance Sec. 3.03 -Lots. D. Flag Lots. Reduced Pole. SmallI Lot Minor Subdivision: Aminer.mibdivision: containing twoormore Small Lots toHendersonville Zoning Ordinance Section 8.4 ReducedPolel Flag Lots Smalll createdpursuant Subdivision Ordinance Sec. 3.03 Lot.D.Fglo Reduced Pole. SmallLot Minor Lotsandthis alsoi include Reduced Pole Flag Lots cresatedpursantto Hendersonvillez Zoning Ordinance Subdivisionsmay Section8.4. SmallLot Residual Lots Minor created Subdivisionshall: as be deemed toi include alll Reduced Pole Flag Lots. Small Lots and part oft ther minors subdivision. COMMITTEE/BOARD The Legislative Committee reviewed item on 1/21/2025 RECOMMENDATION The Planning Board recommended. Approval on 3/25/25 LAND SUPPLY, Supply: The Land Supply Map: shows an abundance of "Underdeveloped" landi ini the City's zoningj jurisdiction. SUITABILITY & Suitability: Land Suitability Maps show that a.majority.oft the land INTENSITY supplyi is most suitable' for Residential development. Intensity: The proposal aligns with the development pattern of Option 2i in Figure 4.9- Alternative Growth Map FUTURE LAND USE & Designation: Rural Residential, Family Neighborhood Living, Multi- Generationall Living CONSERVATION MAP Character Area Description: Somewhat Consistent Zoning Crosswalk: Consistent Focus Area Map: N/A RURAL RESIDENTIALL LIVING FAMIV/AEÇHBORHOOD (RR) LIVING (FNL) MULTI- GENERATIONAL LIVING Charaçterized! by low- density This areai iso characterized by (MGL) residential deyélopment, this areai S moderate- density residential This area is characterized byr mixed comprised ofs single-family detached development. Itis comprised of residentiald development and a homés ory al lot size of one acre single-f family detached homes on lots limited amount ofs small scaled or greater. Conservation design, typically ranging from 1/3 acret to 1/8 neighborhood- -serving commercial. Which, includes more open space in acre. Improved open spacesi int the Itis comprised ofav variety of homes, exchangef for smaller minimum! lot form of pocketa andir neighborhood mixing detached anda attached (e.g. sizes, may beay preferreda approacht to parks arei interspersed,: and greenway townhomes and duplexes) units with residential development, especially trails within arel located to connect al lesser amount ofr multi-f family units. ifhigher gross densities can be such parks as well asp providel links to The combination of housingt types are achieved. Golfo course communities trails andy walkwaysi in intended to create intergenerational = can: also bef found in these areas. development. Conservation neighboring neighborhoods. Improved open design, spaces int thef form of greens. pocket which includes more open space in parks, and neighborhood parks are exchangef for smaller minimum lot interspersed. sizes, may bea preferred approacht to Lots sizes are similar tot in residential development, especially thosei ifhigher gross densities can be FNL, but with increased densitjes. achieved. APRIL3, 2025 VOLUME 28 PAGE 238 REGULAR MEETING Relationship to Gen H Comp Plan Ru 7% amiy/Neighbornod Lving. 151s novation. 2% Produc uction. %6 nstitutional % Recreation Open Space 3% Open Conserva Space atio Commercial, Mixed Use Les Restrictive, 5%6 Em Mixeduse nployment. 5% Consen Open vation, Space 11% 4 Neighborho 00 4500 e Center, 1%6 Multi-Cenerational Living. 23% Je& - hiire RR + FNLHMGLE 55% Zoning Districts Distribution R-40,1.19. GHMU, 1.1% UR,1.7%. Districts CMU,1.7% All Others, Impacted: HMU, 1.7%. 5.8% R-40 - 1.1% C-2,3.1%. R-20 - 14.1% R-10,3.2% R-15, 35.4% R-15 - 35% PCD,3.490 R-10 - 3.2% R-6,3.9% R-6 - 3.9% MIC - 0.8% H1,5.3% RCT - 0.1% PRD,8.7% Total = 58.6% R-20, 14.1% C-3,9.8% EXISTING The proposed limitations on square footage of the CONDITIONS dwellings ensures that new units constructed under these allowances do not out-scale existing homes. Vibrant Neighborhoods: [Consistent) Abundant Housing Choices: [Consistent] Consistent] Healthy and Accessible Natural Environment: [Somewhat Authentic Community Character: [Consistent] RELEVANT GEN H Safe Streets and Trails: [Consistent] GOALS Satisfying) Work Opportunities: [Consistent] Welcoming &I Inclusive Community: [Consistent) Accessible &A Available Community Services: N/A Resilient Community: [Consistent) Mixo of Uses: N/A Compact Development: [Consistent] GEN H GUIDING Sense Conserved of Place: & IntegratedOpen: [Consistent] Spaces: [Inconsistent] PRINCIPLES Desirable & Affordable Housing: [Consistent] Connectivity: [Consistent) Efficient & Accessible Infrastructure: [Consistent) REGULAR MEETING APRIL8, 2025 VOLUME 28 PAGE 239 Relationship to Gen H Comp Plan Guiding Principles COMPACT DEVELOPMENT MISSING MIDDLE HOUSING DESIRABLE AND AFFORDABLE Along with the mix of land "Missing middle" housing refers HOUSING uses, thei intensity of to small- tor medium-sized The preferences for development ina ac community homes that are available at ofh different types cank have a significant impact various price points and are housing within vary depending ont the on its abilityt to provide compatible ins scale arei locality influenced the community, and affordable housing options, and character with the income, byf factors such as reduce traffic congestion, surrounding neighborhood. available age, household size, and make efficient use of These homes can be built as homes on financing. large lots Single-family are infrastructure, deliver services, part of infill development simply one of and generally create livable projects or used to transition market. many products demanded int today's communities. between land uses and Housing diversity can address Building up with taller densitiesi in a new activity lifestyles. housing prices Iti is and differences in buildingsi in the appropriate center. Examples of missing byr accomplished the first places is one wayt to middle housing include and recognizing preferences ofthe varying needs accommodate more uses in duplexes, triplexes, quadplexes, future existing and fewer locations courtyard apartments, live-work population, andi finding ways units, cottage courtyards, tof facilitate the expansion oft the townhomes, and: small-scale housings supply (types and quantity) apartments. tosatisfy current and anticipated demand. Public Realm - [Consistent] DESIGN GUIDELINES ASSESSMENT (Chapter V) Site Design - [Consistent Building Design - [Consistent mix Thep of proposed amendment would allow for a compatible infill development with a 3) CHANGED would housingt allow for types property andi increased owners to become density ofr "micro market- rate attainable! housing. This CONDITIONS their property. Thep potential change to development developers" patterns also and lends better itself utilize to creating more walkable neighborhoods across the City. 4) PUBLIC The mixc of proposed housingt amendment would allow for a compatible infill development witha INTEREST across the City. types and higher density, walkable developments in key locations APRIL 8, 2025 VOLUME 28 PAGE 240 REGULAR MEETING The proposed text amendment would allow for greater utilization and 5) PUBLIC of existing infrastructure without the need for utility expansion FACILITIES increased cost of maintenance. There is no immediate development proposed. However, there is the potential for some loss of trees where new units are placed on 6) EFFECT ON existing undeveloped land. However, due to the small footprint of NATURAL the structures and reduced setbacks, there will be flexibility im ENVIRONMENT where structures are located - lending itself to more options. in placement to avoid mature canopy trees. PLANNING BOARD: Comprehensive Plan Consistency Statement The pétition is found to be consistent with the City of Hendersonville Gen H Comprehensive Plan based on the information from the staff analysis and the public héaring, and because: The proposed text amendment aligns with the Gen H 2045 Comprehensive Plan Future Land Use & Conservation Map and the Character Area Descriptions PLANNING BOARD: Reasonableness Statement Wel 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 proposed amendment creates an opportunity to address the need for additional "attainable housing" in the city. The proposed amendment allows for property owns to better utilize their property and earn additional revenue The proposed amendment ensures compatibility by limiting the size and scale of new construction resulting from the proposed allowances 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 béçause: [Rationale for Denial] The proposed amendment is incompatible with existing residential districts The proposed amendment will create traffic congestion The proposed amendment will result in substantial loss of privacy REGULAR MEETING APRIL8, 2025 VOLUME 28 PAGE 241 The petitioner, Barry Bialik spoke briefly and said that he grew up in affordable housing in New York City. I chaired the affordable housing committee for the City of Asheville for 6 years. Building affordable housing and workforce housing is a huge passion for me. own a construction company and I own the Thirsty Monk in Asheville and my goal with my construction company is to build affordable housing for people like who work at the Thirsty Monk. We've built 300 affordable houses in the City of Asheville without taking any funds from the city to do SO. I did ai filter on. Realtor.com that showed the amount of new housing in Durham for less than $350,000 and there are 171 houses. In Asheville? Zero. Hendersonville? One. The public hearing was opened at 7:11 p.m. In Person: Virginia Tegal speaking as a citizen and taxpayer of the City of Hendersonville and she spoke in favor of thej proposed Flag Lots. Ken Fitch spoke about potential negative impacts the text amendment may cause. Sarah Cosgrove said that has currently found herself in transitional housing and spoke about the importance ofattainable housing and this text amendment will add to the supply, not cost one thing to the city while diversifying the options for attainable housing. The public hearing was closed at 7:24 p.m. City Council. Member Gina Baxter moved that City Council adopt an ordinance amending the official City of Hendersonville. Zoning Ordinance, Article V Zoning District Article Classifications, VIII Exceptions & Modifications , and Article. XII Definition of Terms' andj further amending the official City of Hendersonville Subdivision Ordinance, Article 3. Configurations', Article 8. Measurements' , and Article 9. Definitions , based on the following: 1. The petition is found to be consistent with the City ofl Hendersonville Gen H Comprehensive Plan based on the information from the staff analysis and the public hearing, and because: The proposed text amendment aligns with the Gen H 2045 Comprehensive Plan Future Land Use & Conservation Map' and the "Character. Area' ' Descriptions. 2. 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: 1. The proposed amendment creates an opportunity to address the needj for additional "attainable housing' " in the city. 2. The! proposed amendment allows for property owners to better utilize their property and earn additional revenue 3. The proposed amendment ensures compatibility by limiting the size and scale of new construction resulting. from the proposed allowances. A unanimous vote of the Councilfollowed. Motion carried. Ordinance #25-17 AN ORDINANCE OF THE CITY OF HENDERSONVILLE CITY COUNCIL TO. AMEND THE CITY OF HENDERSONVILLE ZONING ORDINANCE, ARTICLE V 'ZONING DISTRICT CLASSIFICATIONS, ARTICLE VIII EXCEPTIONS & MODIFICATIONS), AND ARTICLE XII DEFINITION OF TERMS' AND FURTHER. AMENDING THE OFFICIAL CITY OF HENDERSONVILLE: SUBDIVISION ORDINANCE, ARTICLE: 3. "CONFIGURATIONS, ARTICLE 8. MEASUREMENTS,AND ARTICLE 9. DEFINITIONS WHEREAS, the Planning Board reviewed this petition for a zoning and subdivision text amendment at its Special Called meeting on March 25, 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 at its regular meeting on April 3, 2025, and WHEREAS, City Council has found 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 APRIL3, 2025 VOLUME 28 PAGE 242 REGULAR MEETING WHEREAS, City Council: finds that this zoning text amendment will: support the provision of workforce housing the flexibility to allow smaller homes to be built on smaller and missing middle housing in City by providing the and lots, but within parameters that willj preserve the identity and character oft community; WHEREAS, City Council has conducted aj public hearing as required by the North Carolina General Statutes on April 3, 2025, BE IT ORDAINED by the City Council of the City of Hendersonville to amend City NOW, THEREFORE, Ordinance, Article V "Zoning District Classifications', Article VIII 'Exceptions & of Hendersonville Zoning 'Definition of Terms' and further amending the official City of Hendersonville Modifications', > and Article XII Article 6. Homeowners Associations, Article 8. Subdivision Ordinance, Article 3. "Configurations', Measurements', , and Article! 9. Definitions' as follows: ZONING ORDINANCE TEXT AMENDMENTS SECTION 1. ARTICLE V of the Zoning Ordinance, ZONING DISTRICT CLASSIFICATIONS, is hereby amended as follows: 5-1-3. - Dimensional requirements. [R-40 Estate Residential District] * ** Subject to the zoning district's Permitted Uses. Accessory Dwelling Units/(ADU). Single-Family Dwellings and Two-Family Dwellings may be developed using alternative dimensional requirements. SeeARTICLE VII. EXECPTIONS AND MODIFICATIONS Sec. 8-4. - Reduced Flag PoleLots & SmallLots. 5-2-3. Dimensional requirements. [R-201 Low-Density Residential Zoning District] ***** Subject to the zoning district's Permitted Uses. Accessory Dwelling Units (ADU). Single-Family Dwellings and Two-Family Dwellings may be developed usingalternative dimmiomalreuiremems. SeeARTICLE VIII. = EXECPTIONS AND MODIFICATIONS Sec. 8-4. Reduced Flag Pole Lots & Small Lots. 5-3-3. Dimensional requirements. [R-15 Medium-Density Residential Zoning District] ***** Subjecttothez zoning district's Permitted Uses. Accessory Dwelling Units (ADU). Single-Family Dwellings and Two-Family Dwellings may be developed using alternative dimcemiomiremuirements. SeARTICLE VIIL. - EXECPTIONS ANDI MODIFICATIONS Sec. 8-4. - Reduced] Flag Pole Lots & Small Lots. 5-4-3. Dimensional requirements. [R-10 Medium-Density Residential Zoning District] ** Subiectrothezoning district's Permitted Uses. Accessory Dwelling Units (ADU). Single-Family Dwellings and Two-Family) Dwellingsmay be developed using alternative dimcemiomalrauirements: See ARTICLE VIII. - EXECPTIONS AND) MODIFICATIONS Sec. 8-4. - Reduced Flag Polel Lots & Small Lots. 5-5-3. Dimensional requirements. [R-6 High-Density Residential Zoning District] ** Subjectt tothe zoning district's] Permitted Uses. Accessory Dwelling Units (ADU). Single-Family Dwellings and Two-Family Dwellings may be developedusing alternative dimcmsiomalrauiremets. See ARTICLE VIII. - EXECPTIONS AND MODIFICATIONS Sec. 8-4. - Reduced Flag Polel Lots & SmallI Lots. 5-10-3. Dimensional requirements. [MIC Medical, Institutional and Cultural Zoning District] ***** Subject tot the zoning district's Permitted Uses. Accessory Dwelling Units (ADU). Single-Family Dwellings-and' Two-Family Dwellingsmayl be developed using alternative dimemiomalrquirememts. See ARTICLE VIII. - EXECPTIONS ANDI MODIFICATIONS Sec. 8-4. - Reduced Flag Pole Lots &s Small Lots. 5-13-3. - Dimensional requirements. [RCT Residential Commercial Transition Zoning District] ** REGULAR MEETING APRIL8 3, 2025 VOLUME 28 PAGE 243 Subject tot the zoning district's Permitted Uses. Accessory Dwelling Units (ADU). Single-Family Dwellings and Two-Family Dwellingsmay be developedusing: alternative dimensional requirements. See ARTICLE VIII. - EXECPTIONS AND MODIFICATIONS Sec. 8-4. - Reduced Flag Pole Lots & Smalll Lots. SECTION: 2. Article VIII oft the Zoning Ordinance, EXCEPTIONS & MODIFICATIONS, is amended to add ai new Section 8-4 as follows: hereby Sec. 8-4. - Reduced Pole Flag Lots & Small Lots 8-4-1.-1 Purpose: Thep purpose of this section ist to provide greater flexibility ini the development ofl housing unitsa andu useofavailablel land by allowings small footprint housing ons small lots and reduced pole flagl encourager lotsto residentialinfill development. provide missing middle housing. anda allow more opportunities construction of workforce housing. all within parameters thaty will preservet the identity and character of the forthe community. 8-4-2. Applicability: In applicable zoning districts (reference Article V. Zoning District Classifications for applicable zoning districts). Reduced Pole Flag Lots or Small Lots oracombinationt thereof can be appliedto anyl Lotof Recordt twoacresi ins size or less. Residential uses shall be allowed subjectt tot the applicable zoning district'sPermited Uses. 8-4-3. - Dimensional Requirements: Reduced Pole Flag Lots Minimum lot area in square feet: 2.000 Minimum flag portion of] lot widthi in feet: 25 Minimum pole portion of1 lot width in feet*: 10 Driveways and Accessways See Sec. 8-4-4 - Access and Frontage Improvements. Minimum yard requirements in feet: 51 from all perimeter lot lines Maximum structure size in square feet (SF). Gross Floor Area (GFA): 2025 VOLUME 28 PAGE 244 REGULAR MEETING APRIL3, Newl lot with new structure 1.200" size limit. Structures >1.200 Existing strcture on existing lot No SF structure GFA lot shall meet underlying zoning district dimensional: standards: structures 51.200 SF GFA may use Reduced Pole Flag Lot or Small Lot. Structure location: All structures shall be located in compliance with fire code requirements. *: Maximum structure height in feet: Subiect to the height limit of the underlying zoning district. Small) Lots feet: 2,000 Minimum lot area in square 25 Minimum loty width" in feet: Minimum yard requirements in feet: Front: 10 Side 5 Rear 10 Maximum structure size in square feet (SF). 1.200** for new construction Gross Floor Area (GFA) structures be located in Structure location: Alls shall compliance with fire code requirements. *** Maximum structure height in feet: Subiect to the height limit oft the underlving zoning district. ResidualLots with existing structures: Must dimensional Existing structure > 1200 SF gross floor area comply with of underlving zoning requirements district. Existing structure < 1200 SF gross floor area May use Small Lot standards. Reduced Pole Flag Lot Developments: Maximum total number oflots permitted: 6 Maximum number ofr reduced pole flag lots permitted: 5 Maximum total acreage: 2.0acres Small Lot] Developments: Maximum total number of1 lots permitted: 6 Maximum: number of reduced pole flag lots permitted: 5 Maximum total acreage: 2.0acres Accessory Dwelling Unit(ADU) conversions toi fee-simple lots shall installi independent water and sewer connectionsf fort the unit. ** 1.200 SF GFAT may be allocatedt to one dwelling unit ors split over 1-3units (ie. ADU. Single-Family. or Two-Family). Accessory dwelling units ona asmalll lot or flag lots shallr remain subjectt to the requirements of Section 16-4-1. NOTE: Any plat createdi for this options shallr require ar note stipulating a maximum home size of 1.200SE GFA. *** City ofHendersonville. Code of Ordinances. Chapter 22 - Fire Prevention and Protection. Sec. 22-6- Accessrequirements: forf fireapparatus #SeeArticle) XII for definition of flag" and' "pole". NOTE: Thiss section contains zoning requirements only. Compliance withz zoning requirements does not guarantee compliance with private restrictions. Developers areencouragedt to consult with an attorney concerning private restrictions REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 245 Reduced Pole Flag Lot, 5' setbacks on all "Single-Family Dwelling* perimeter lot lines Residual Lot w/ Structure Reduced Pole Flag Lot, greater than 1,200 SF GFA Max. 1,200 SF GFA** meets dimensional requirements of dwelling space per lot, of underlying zoning district in one unit or split over: 1-3 units Existing Structure Reduced Pole Flag Lot, greater than 1,200 SF GFA min. lot size 2,000 SF Utility Easement Access Easement Common Solid Waste X X Collection Easement *> * Street 10' lot width *Subject to Permitted Uses for underlying zoning district * GFA - Gross Floor Area (in square feet, SF) *** Dimensions/locations to vary based on service-provider requirements Figure 1:1 Reduced Pole Flag Lot Residual Lot Small Lot, Small Lot, Max. 1,200 SF GFA** Setbacks of dwelling space per lot, - X x Front: 10' . in one unit or split over 1-3 units Utility Easement Side: 5' Small Rear: 10' Lot, min. lot size 2,000 SF Access Easement ** Single-Family Dwelling* Common Solid Waste XX Small Lot Collection Easement Street 25'lotv width *Subjectt to Permitted Uses for underlying zoning district * GFA - Gross Floor Area (ins square feet, SF) ** * Dimensions/locations to vary based on service-p -provider requirements Figure 2: Smal! Lot 8-4-4. - Access and Frontage Improvements: a) Driveways. UtlitisandAceswas may be placed within the "pole" ora an alternate site location via 'access' and/or futility' easements. b) Shared Driveways: a: Useofas shared driveway tos serve one Reduced Pole Flag Lot and one or more adjoining Small Lots. Residual Lots. or conventional lots is permitted. When usinga a shared driveway. placing the driveway withint the pole(s) is encouraged but not required. (ref. Figures 1 and2 12) b: Where ther poles oftwo orr more Reduced Flag Pole Lots adjoin. use ofa shared driveway to serve the Reduced Pole Flag Lots isr required. Thes shared driveway must be located within the adjoining pole(s)(ref. Figure 3). MEETING APRIL8, 2025 VOLUME 28 PAGE 246 REGULAR e: Shared drivewaysi must meet the following standards: i. Thes shared driveway must have aminimum ofu unobstructed width of 101 feet, ii. Thes shared driveway must be shown on the recorded plat. and iii. Thes shared driveway must be memorializedi ina ar recorded* access easementcontaining provisions for the maintenance ofthes shared driveway. Ifutility infrastructure (e.g. water. sewer. electric. etc.) is located within a shared driveway. the recordedaccess easements shall also allow access within the easement for repair. maintenanceand County placement oft the utility infrastructure. #recordedi in the Henderson Registerof Deeds Office c) Utility Easements: Smalll a: Whereutilitys service lines and/or equipment serving a Reduced Pole Flag Lot. Lotor Residual Lot are located on or cross another lot, a sharedu utility easementi is required. Shared utility easements may be placedo on "pole' and other alternatives site locations includingwithina shared driveway. Shared utility easements must meet the following standards: i. Thes shared utility easementr tmust! have ar minimum ofv width of 101 feet. ii. Thes shared utility easementmust be shown on the recorded plat. and iii. Thes shared utility must be memorializedi in arecorded" easement andr must contain provisions allowing ther repair. maintenance andp placement of utility infrastructure.and access fort the foregoing purposes. *recordedi int the Henderson County RegisterofDeeds Office b: Utility meters and associated Linfrastructures shall be located according tos service-provider requirements. (Please see Chapter 52 oft the Hendersonville Code of Ordinances for additional requirements.) d) Solid Waste Collection) Easements: Collection Easements' are requiredi for the orderly a: Appropriatelv-sized "Common Solid Waste brush collection. These placementof. andaccesst to.solidy waste containersandb bulki item/ easements shall! bes sized according to container dimensions and the number of containersserving Thedevelopmentalongy with sufficient spacet to meet brush collection standards. Theseeasements shall be locatedi in accordancey with best practices anda avoid being plaçed on/near/under withany water meters.sewer cleanouts. powerl lines. guy wires. fire hydrants. etc.. ands shallcomply additional locational ors sizing standards contained within Chapter 44 of the Hendersonville Code ofOrdinances. b: Solid Waste Collection Easements must be shownand identified asa' 'Common Solid Waste Collection] Easement' on theplat ands shallr requirereview: and approval from] Planning staffand the City Public Works Director. e) Sidewalks(Sec. 6-12)and Street Trees(Sec. 15-15) shallapply to alll Reduced Pole Flag Lot Developments and SmallI Lot Developments. 8-4-5. -Reduced) Pole Flag Lot Developments: Inall Reduced Polel Flag Lot Developments or Small Lot Developments containing more than one Reduced Flag Pole Lot. the following provisions shallapply: a) Each lot withint the Development: shall have at least 101 feet of street frontage. The pole ofal Reduced Pole Flag Lot may serve ast thes street frontage. b) Ashared driveway shall be useda as the sole access to Reduced Pole Flag Lots whose poles are adjacent. consisting oft two orr more lots. shall c) Reduced Pole Flag Lot Developments and/or Development Small Lotl or Developments Small Lot Development consisting oft two ormore notabuta another Reduced Pole Flag Lot lots. onel smallr maturingtree - 8-4-6 Landscaping: In addition toI required streett trees. at] least larger maturing and one shall ber planted or preserved on the lot. REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 247 Reduced Pole Flag Lot, 5' setbacks on all perimeter lot lines Single-Family Dwelling* Reduced Pole Flag Lot, Max. 1,200 SF GFA** of dwelling space per lot, inc one unit ors split over 1-3 units Two-Family Dwelling* Multiple Reduced Pole Flag Lot, min. lot size 2,000 SF Utility Easement Accessory Dwelling Unit* Access Easement Common Solid Waste Residual Small Lot Collection Easement * Street Lot / 10' lot width *Subject to Permitted Uses for underlying zoning district ** GFA= = Gross Floor. Area (in square feet, SF) ** ** Dimensions/locationst to vary based on service-provider requirements Figure 3: Reduced Pole Flag Lot Development + Small Lot Reduced Pole Flag Lot, 5' setbacks on all perimeter lot lines Multiple Reduced Pole Flag Lots, min. lot size 2,000 SF Accessory Dwelling Unit* Utility Easement Small Lot, Single-Family Dwelling* Setbacks Front: 10' Side: 5' Access Easement ** Rear: 10' Small Lot, Two-Family Dwelling* min. lot size 2,000 SF Small Lot Small Lot, Common Solid Waste Max. 1,2000 SF GFA** 10' Collection Easement of dwelling space per lot, lot width 25' inc one unit or split over 1-3 units Street lot width *Subject to Permitted Usesf for underlying zoning district ** GFA Gross Floor Area (in square feet, SF) *** * Dimensions/locationst to vary based on service-provider requirements Figure 4: Small Loto combinedy with) Reduced Pole Flag Lot Development. six (6) lot maximum SECTION: 3. Article XII, of the Zoning Ordinance, Definition ofTerms, is amended to add the definitions: following APRIL 3, 2025 VOLUME 28 PAGE 248 REGULAR MEETING Flag Lot: AJ lot witht two distinct parts: Thef flag. whichi is the only building site:meetst the lot widthr requiremento oft the zoning district:a andis [Flagr Portion ofLot] located behind another lot: and (2)the pole. which connects the flagt to the street:providest the only streetfrontagea and access for the lot:and at any point Flag Lot islesst thant the minimum lot widthi for the zone. 3 of Residual Lot I - Flag Lot. Reduced Pole: A flag lot withr reduced dimensionalr requirements createdpursuantt to Sec. 8.4 Reduced Pole Flagl Lots & SmallLots. Reduced Pole Flag Lots feature dwelling(s) with ai total of 1.200 square feet of Gross Floor Area. Gross FloorArea (GFA): The total enclosed area oft the horizontal surface of alli floors ofal building or buildings measured to the outsidef face of the structuralm members in exterior walls. LotArea: The total area withint the lot lines ofap platted lot. Lands located within anyprivate easements minimum shall bei included withint the lotarea. The following features shall not be included submerged in calculating or lotarea: i. Publics street rights-of-way:i ii. Private street area:andi fii. Landt that iss regularly underwater andj jurisdictional wetlands.. Reduced Pole Flag Lot Development: any development creating two orr morel Reduced] Pole Flag Lots created pursuant to Section 8.4 - Reduced) Pole Flag Lots & Smalll Lots. Reduced Pole Flag Flat Lot Lot Developments may alsoi include SmallI Lots created pursuant to Section Small 8.4. Reduced Lots and Pole Residual Lots Developments shall be deemed to include all Reduced Pole Flag Lots. created as part oft the development. Residual Lot: A remaining loti resulting from the creation ofa Reduced Pole Flag Lot or Small Lot pursuantt to Section 8.4 Reduced Pole Flag Lots & Small Lots. Smalll Lot:A lotwithr reduced dimensionalr requirements with amaximums square footage per Zoning Ordinance Sec. 8.4 - Reduced Pole Flag Lots & Small Lots. Small Lots feature dwelling(s) with ai totalof 1.200 squaref feet of Gross Floor Area. Small Lot] Development: any development creating twoorn more Smalll Lots createdp pursuant to Section 8.4 Reduced Pole Flag Lots & SmallLots. SmallLot Developments be mayalso deemedt toi include include Reduced all Reduced Pole] Flag Pole Lots created pursuanttos Section 8.4. SmallI Lot Developments: shall Flag Lots. SmallI Lots and Residual Lots created as partofthe development. SUBDIVISION ORDINANCE AMENDMENTS SECTION 4. ARTICLE 3. - CONFIGURATION Sec. 3.03 oft the Subdivision Ordinance, Lots, is amended as follows: ** C. Flag lots. New flag lots may be established, subject to the following requirements: make lot access impractical, no more 1. Except where topographic conditions or environmental constraints be than fivej percent oft the lots within a subdivision (or individual phase ofas subdivision) may configured as flag lots. 2. New flag lots may be established along anytypeofstreet. Whenl located along an expressway or boulevard street enly-ine eases-where access to the street is shall be shared with an adjacent lot (see Figure 3.03.C, Flag Lot Access). 3. The "pole,"a arm," or' "pan handle"! portion of a flag lot shall maintain a minimum width of at least 20 feet- exceptas providedu under Section 3.03. Reduced Pole] Flag Lots. 4. Use of a single driveway to serve an adjoining flag lot or to serve a flag lot and an adjoining conventional the loti is encouraged. In the case ofa driveway shared with a conventional lot, the preferred location for driveway is on the flagpole portion ofthe flagl lot, with the conventional lot granted an access easement over the: flagpole. D. Reduced Pole Flag Lots (requirements below are cross-referenced from Hendersonville Zoning Ordinance. Sec. 8-4. - Reduced Pole Flag Lots & Small Lots) 1. Purpose: Thepurpose oft thiss subsection 3.03D ist to provides standards for the development ofs subdivisions containing Reduced Pole Flag Lots and/or Small Lots. 2. Applicability: The provisions ofthis Subsection 3.03D. shall applyt toa any subdivision containing a Reduced REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 249 Pole Flag Lot or SmallI Lot thati is being developed in accordance with Section 8.4 ofthe City of Hendersonville Zoning Ordinance- Reduced Pole Flag Lots & Small Lots and this Subdivision Ordinance Sec. 3.03 - Lots. D. Flag Lots. Reduced Pole. 3. Dimensional Requirements: All Reduced Pole Flag Lot Subdivisions and AII SmallI Lot must comply with Section 8-4 oft the City of Hendersonville Zoning Ordinance- - Reduce Pole Flat Subdivisions Lots & Small Lots. Reduced Pole Flag) Lot] Minor Subdivision: Maximum total number of1 lots permitted: 6 Maximum number of reduced pole flag lots permitted: 5 Maximum total acreage: 2.0a acres Small Lot Minor Subdivision: Maximum total number oflots permitted: 6 Maximum number of reduced pole flag lots permitted: 5 Maximum total acreage: 2.0acres Reduced Pole Flag Lot, 5' setbacks on all Single-Family Dwelling* perimeter lot lines Residual Lot w/ Structure Reduced Pole Flag Lot, greater than 1,200 SF GFA Max. 1,200 SF GFA** meets dimensional requirements of dwelling space per lot, of underlying zoning district in one unit or split over 1-3 units Existing Structure Reduced Pole Flag Lot, greater than 1,200 SF GFA min. lot size 2,000 SF Utility Easement **: Access Easement Common Solid Waste - 1 Collection Easement * Street 10' lotv width *Subject to Permitted Uses for underlying zoning district ** GFA = Gross Floor Area (in square feet, SF) *** Dimensions/locations to vary based on service-provider requirements Figure 1: Reduced Pole Flag Lot 4. Access and Frontage Improvements: a) Driveways. Utilities and Accesswaysmay! be placed withint the "pole" ora an alternate site location via 'access'a and/or futility' easements. b) Shared] Driveways: a. Useofas shared driveway tos serve one Reduced Pole Flag Lot and one orr more adioining Small Lots. Residual Lots. or conventional lots is permitted. When using a shared driveway. placing the driveway within they pole(s) is encouraged but not required. (ref. Figures land? 2) b. Wheret the poles oft two orr more Reduced Flag Pole Lots adjoin. use ofas shared driveway tos servethe Reduced Pole Flag Lots is required. Thes shared driveway must be located within the adjoining pole(s) (ref. Figure 3). C. Shared driveways must meet the following standards: i. Thes shared driveway must have a minimum of unobstructed width of 10 feet. ii. The shared driveway must be shown on the recorded plat. and ii. Thes shared driveway must be memorialized ina a recorded* access easement containing 2025 VOLUME 28 PAGE 250 REGULAR MEETING APRIL3, provisions for the maintenance ofthe sharedo driveway. Ifutility infrastructure(e.g. water, sewer.electric.ete): is located within a shared ChewRersaNinses easementshall of the utility also allow access within the easementf Henderson forrepair. County maintenance: Register of andplacement Deeds Office infrastructure. *rècorded in thel c) Utility Easements: a. Whereutility service lines and/or equipments serving aF Reduced Polel Flag Lot. SmallLotor Residual Lota are located on or cross another lot. a sharedu utility easementi is required. Shared withina utilitye easements may be placed on "pole' and other alternatives site locations including shared driveway. Sharedu utility easements must meet the following standards: i. The shared utility easementr must! have a minimum ofwidth of101 feet. ii. The shared utility easementn must be shown on the recorded plat. and iii. Thes shared utility must bei memorializedi in arecorded* easement andmust contain provisions allowing ther repair. maintenancea and placement of utility infrastructure.and access for the foregoing purposes. #recorded in the Henderson County Register of Deeds Office b. Utilitymeters anda associated infrastructure: shall be located according tos service-provider requirements. (Please see Chapter 52 ofthe Hendersonville Code of Ordinances for adaitiomalrsguirememts) d) Solid Waste Collection Easements: a. Appropriatelv-sized" "Common Solid Waste Collection Easements' are required for the orderly placemento of. andaccesst to.solid waste containers and bulk item brush collection. These easements shall be sized according to container dimensions and the numberofc fcontainersserving hedevelopmentalong withsufficients spacet tor meet brush collection standards. These easements shall be locatedi linaccordancewith best practices andavoid being nhesdonnearhndr.atr complywithany meters. sewer cleanouts. power lines. guy wires. fire hydrants. etc..ands shall additional locational or sizing standards contained within Chapter 44 oft the Hendersonville Codeof Ordinances. b. Solid Waste Collection Easementsmust! be shownandi identifiedasa' 'Common Solid Waste Collection Easement on the plat ands shalln require reviewa anda approval from Planning staff and the City Public Works Director. e) Sidewalks (Sec. 6-12)and Street Trees (Sec. 15-15)shall applyt to alll Reduced Pole Flag Lots. Small Lots and Residual Lots. 5. Reduced Polel Flag Lot & Smalll Lot Minor Subdivisions: in combination Small Lots. withal limit ofs six (6) total lots. a) The provisions oft this section may be usedi with b) Reduced Pole Flag Lot Minor Subdivisions ands Small Lot Minor Subdivisions containing more than3 total lots are not exempted fromt the standards of Article 6. 'Owners Associations'. c) Innoc case shalle eachs subdivided] lot havel less than 10 feetofstreetf frontage. Thepole canserve as the streetfrontage. REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 251 Reduced Pole Flag Lot, 5' setbacks ona all perimeter lot lines Single-Family Dwelling* Reduced Pole Flag Lot, Max. 1,200 SF GFA** of dwelling space per lot, inc one unit or split over 1-3 units Two-Family Dwelling* Multiple Reduced Pole Flag Lot, min. lot size 2,000 SF Utility Easement Accessory Dwelling Unit* Access Easement Common Solid Waste Residual Lot /: Small Lot Collection Easement Street 10' lot width *Subject to Permitted Uses for underlying zoning district ** GFA Gross Floor Area (in square feet, SF) *** Dimensions/locations to vary based on service-provider requirements Figure 2: Reduced Pole Flag Lot Development + Small Lot D. E.J Double or reverse frontage lots. *** E F. Corner lots. FG. Drainage and flood prevention. * SECTION 5. ARTICLE. 3. CONFIGURATION Sec. 3.04. of the Subdivision Ordinance, Access to lots, is amended to read as follows: Sec. 3.04. Access to lots. A. Every lot must maintain access. 1. Generally. Except for lots within bona fide farms, exempt subdivisions, or in accordance with section 3.04.A.2, street access exemptions, all lots intended to contain a building or structure shall abut a street designed, built, and maintained to city or state standards, as applicable. 2. Street access exemptions. a. Lots in any ofthef following forms of development are: not: required to be served by a street meeting city ors state standards: i) Up to three lots in an expedited subdivision; or ii) Up to three lots without roadway frontage that are served by a single, shared accessway. b. Any lots not required to abut a street designed, built, and maintained to city or state standards shall maintain an access with a minimum width of45 feet that is adequately maintained to afford a reasonable means of ingress and egress for emergency vehicles (see Figure 3.04.A.2, Street Access Exemptions). 3. Access serving more than three lots. With the exception of Reduced Pole Flag Lots Minor Subdivisions and/or SmallL Lot Minor Subdivisions containing moret than three lots. accessways serving more than three lots shall be designed, built, and maintained to public street standards. APRIL8, 2025 VOLUME 28 PAGE: 252 REGULAR MEETING FIGURE 3.04A.2: STREET ACCESS EXEMPTIONS 45'accessway Exempt subdivision Bona fide farm Expedited: subdivision Public street SECTION 6. ARTICLE 6 - OWNER ASSOCIATIONS: Section 6.02 of the Subdivision Ordinance, Applicability, shall be amended as follows: Sec. 6.02. Applicability. A. The standards in this section shall apply to subdivisions with open space set-aside(s), lands held under or shared for common infrastructure including, but not limited to streets or common ownership, responsibility stormwater management facilities. B. Withtheexception of Multiple Reduced Pole Flagl Lot Minor Subdivisions and/or Smalll LotMinor Subdivisions, establishment of an owners' association shall not be required for minor subdivisions (see section 2.04.I, minor subdivision), or expedited subdivisions (see section 2.04.F, expedited subdivision), but the responsible party for any private infrastructure shall be identified in the subdivision approval. SECTION 7. ARTICLE 8. MEASUREMENT: Section 8.02 of the Subdivision Ordinance, Rules of Measurement, is amended as follows: Sec. 8.02. Rules of measurement. C.I Lot Dimensions 1. Lot Measurements. a. Minimum lot area. The minimum amount of required land area, measured horizontally, that must be included within the lines ofal lot. Lands located within any private easements shall be included within the lot area. The following features shall not be included in calculating minimum lot area: i. Public street rights-of-way; ii. Private street area; -The-pole"am,"e F "pan mtmata-- iv. Land that is submerged orI regularly underwater and jurisdictional wetlands. SECTION: 8. ARTICLE 9. DEFINITIONS Section 9.01 of the Subdivision Ordinance, Definitions, is amended to amend and add the following definitions: Sec. 9.01. - Definitions. portion-e ofthel loti is saseeisstNE Flag Lot: ---- preseribed. EENA flag.whichist the only buildings site:meetst the lotwidth requirementoft thez zoning district:andisl located behinda another lot: and (2) thep pole. which connects the flagtot the the only streetf tfrontageanda access for the lot: and at any point isl less than the minimum lot width for street:provides thezone. REGULAR! MEETING APRIL3, 2025 VOLUME 28 PAGE 253 Flag Lot. Reduced Pole: Af flagl lot with reduced dimensional requirements created pursuanttot the Hendersonville Zoning OrdinanceSec. 8.4 - Reduced Pole Flag Lots and this Subdivision Ordinance Sec. 3.03 D. Lots. Reduced Pole. -Lots. Flag Lot Area: Thet total area within the lot linesofap platted lot. Lot Area shall be calculated according to Section 8.02.0 C.La. Minimum lot area oft this Subdivision Ordinance. Reduced Pole Flag Lot Minor Subdivision: AI Minor Subdivision containing two orr more Reduced Pole Flag Lots createdp pursuantt to Hendersonville: Zoning Ordinance Section 8.4 Reduced Pole Flag Lors & Lots Subdivision Ordinance Sec. 3.03 - Lots. D.F Flag Lots. Reduced Pole. Reduced Pole Flag Lot Minor Small Subdivisions andthis mayaiso include Smalll Lots created pursuantt to Section 8.4. Reduced Pole Flat Lot Minor Subdivisions deemedt to include all Reduced Pole Flag Lots. Small Lots and Residual Lots created as part of ther minor shallbe subdivision. Residual Lot: Ar remaining lot resulting from the creation ofal Reduced Polel Flag Lot or Small Lot. Small Lot: A lot with reduced dimensionalr requirements with a maximum square footager per the Hendersonville Zoning Ordinance Sec. 8.4 Reduced Pole Flag Lots & Small Lots and this Subdivision Ordinance Sec. 3.03 -Lots. D.Flag Lots. Reduced Pole. Small Lot Minor Subdivision: Ar minors subdivisincontainingt two or more Small Lots created pursuantto Hendersonville: Zoning Ordinance Section 84 Reduced Pole Flag Lots & Small Lots andt this Ordinance Sec. 3.03 Lots. D. Flag Lots. Reduced Pole. Smalll Lot Minor Subdivisions may alsoi Subdivision Pole Flagl Lots created pursuantt to Hendersonville Zoning Ordinance Section 8.4. Small Lot Minor include Subdivisions Reduced shall be deemed toi include all Reduced Pole Flag Lots. Small Lots ard Residual Lots created as part of ther minor subdivision. SECTION 9.) Ifany provision ofthis ordinance or its application is held invalid, the invalidity does not affect other provisions or applications oft this ordinance that can be given effect without the invalid provisions or and to this end thej provisions ofthis ordinance are severable. application, SECTION 10.1 It is the intention ofthe City Council and it is hereby ordained, that the provisions of this ordinance shall become and be made part oft the Code of Ordinances, City of Hendersonville, North Carolina, and the sections ofthis ordinance may be renumbered to accomplish such intention. SECTION 11. This Ordinance shall be effective upon its adoption. Adopted by the City Council of the City of] Hendersonville, North Carolina on this 3rd day of April, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved ast to form: Is/Angela S. Beeker, City Attorney Mayor Volk askedfor a brief break at 7:26 p.m. and returned to session at 7:32, p.m. C. Rezoning: Conditional Zoning District Henderson County Courthouse and Detention Center Expansion (25-06-CZD) - Tyler Morrow, Current Planning Manager Tyler Morrow explained that the City of Hendersonville received an application for a Conditional Rezoning from Christopher Todd (Assistant County Manager) of] Henderson County Government, applicant and William Lapsley (County Commissioner Chairman) of Henderson County Government, property owner. The applicant is requesting toi rezone the subject property, PIN9568- 97-1859 and located at 2001 N. Grove Street, from PID, Planned Institutional Development to PID- CZD, Planned Institutional Development Conditional Zoning District for the construction and expansion of the existing courthouse campus and detention center. The planned courthouse addition will span 90,859 square feet, while the detention center expansion will cover 53,443 square feet. The courthouse is proposed to reach a height of 92.75 feet to the roof coping, with the detention center proposed at 25.5 feet. The development includes a total of 579 parking spaces, marking a 117-space increase compared to existing conditions. Assistant City Manager Chris Todd spoke and introduced Steve White from Fentress Architects who gave the following PowerPoint presentation. APRIL 3, 2025 VOLUME 28 PAGE 254 REGULAR: MEETING COUNTY JUDI C CIAL ENTER Hil ENDE ERSON CITY OF HENDERE S ON VILL - E CITY C OUNCIL ME E ETING G April 3. 2025 200 2 BNE: so NO 28 3792 NTRE P di - ECT Df mITE - 5 M E E E - E - * e -- F B SITE PLAN FENTRESS mit COUNTY JUDICIAL CENTER onville. NC D CRMERKEAEFCMI COURDVA PASEDNS FIRST FLOOR PLAN FENTRESS COUNTY JUDICIAL CENTER E E Hendersonville, NC REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 255 BRMDECRNZ COLCNT - EADBACTEDS COLOR - CUP ANDGLES ETG RECA DARK ES 5 GUVTAA AND LASS - PCLES d 4 COUNTY JUDICIAL CENTER WEST ELEVATION NC FENTRESS mllan E mith Apa FORMP mrNa COLOR BASCE 4 CUEMA ANDG GLASS WIT E E COURTROO GMANS APAETN VWALLS SAMDBLA COLOR E OND ELOO JUCEESCPN RADE 6 4 PARK NEtI, 1202025 HENDERSON COUNTY. JUDICIAL CENTER NORTH ELEVATION Hendersonville, NC FENTRESS mi mr ECCN ST OBLA ASTED DMEEC COLOR PHROCE 1 AANOO GLASS ROOF ANDGL SLA SUTA LL Meu 2184.50 4 EUIDNG' l SEÇOND - 4 FAEANC AR KING 4 ICE ELE WESTE FIRE 4 21830 Apri3 13.2025 EAST ELEVATION HENDERSON COUNTY JUDICI AL CENTER memillan Hendersonville, NC FENTRESS Bmida APRIL3, 2025 VOLUME 28 PAGE256 REGULAR MEETING ADS MS GLASS EADER ONE COLOR R - 5 - UE SOUTH ELEVATION mcm dan 1302825 FENTRESS smith DERSON COUNTY JUDICIAL CENTER ler NC 1 ! Ia HE E ERSPECTIVES FENTRESS Par COUNTY JUDICIAL CE NTE ER North Hender NC Apn3.2025 PERSPECTIVES FENTRESS pardal HENDERSON COUNTY JUDICIAL CENTER South-We Viesw der NC REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE257 I I E - AENDE DERSON COUNTY UDICIAL CENTER PERSPE ECTIVES ler rth-E FENTRESS I Apn3.205 HENDERSON COUNTY JUDICIAL CENTER PERSPECTIVES pacmillan Hendersonville. NC Third AsmuelnirgEstVew FENTRESS smith Aluminum witha aD Dark Bronze finish Clear Insulated Glazing Precast Concretei in Rustic Buff Limestone color and sandblasted finish Aot3.202 HENDERSON COUNTY JUDICIAL CENTER EXTERIOR FINISHES FENTRESS memillan Hendersonvile, NC smith VOLUME 28 PAGE 258 REGULAR MEETING APRIL 3, 2025 - J : : - - 3 E E EE - E a E E EE E EE = l FE AE F F F PE 1 E : E ET ss F à - # 20 Apur3.2025 SITE PLAN FENTRESS mille HENDERSON COUNTY JUDICIAL CENTER Hendersonville. NC u mos V RE EA n CAGNCNEA NOFCO CNGPO AmoRe E DE - TENTION CE ENTER OVERALL PLAN FENTRESS Emita memillan E COUNINY JUDICIAL CENTER 1 En DETENTION CENTER NEW VEHICUL AR SALLYPORT 1 L DETENTION CENTER - NEW ENTRANCE. ATA AREA' "D" DETEN NTION CENTER RENDERINGS FENTRESS padan E JUDICIAL CENTER Hend COLNTY REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 259 The public hearing was opened at 8:05 p.m. In Person: Ken Fitch spoke in favor of the rezoning and the fact that it is an important project, however mentioned the stairs to get in and should have easier access and deserves further attention. The other issues was parking spaces and whether the lots in the plan are adequate. Lynne Williams spoke about building height and stream buffer protections and mentioned a few other concerns. The public hearing was closed at 8:18 p.m. Council Member Simpson said she would like to see them build a sidewalk instead of paying a fee in lieu. Also, it would be helpful to understand why the commissioners chose the parking and not a parking deck. option Chris Todd said the cost of a parking deck pushed the cost of the project to be more expensive than they were comfortable with. The question the public asked was "will this have sufficient parking when it's done?" and the answer is yes. The blue line stream straddles both of our properties and we are happy to work with the city and any other groups to see ifthey want to have a voluntary clean-up day. As for the sidewalk, there was some rationale as to why we wanted to do the fee in lieu and one of them is that it would dead-end into the end of a rail line and at the time, we didn't feel like that was the most prudent thing to do. Also, in order to meet the ADA standard, that sidewalk would havet to extend past our property line to the other side ofthe railway. Lew Holloway SO we did look into the sidewalk having to extend beyond the railway and we do believe that we have right-of-way along 4th Avenue for that entirety and that the sidewalk can be placed within that right-of-way. We would suggest a minor modification allowance that could be reduced to our standard 5 feet at or beyond the railway itself SO we believe everything is in to facilitate the construction of the sidewalk. place Chris Todd said everything is contingent upon the vote of the County Commissioners Mayor Volk said that it seems like a relatively minor concession considering that we would be going 50% beyond our maximum height if we say yes to this. That's a pretty big concession SO we think a little consideration for a sidewalk, they should think seriously about that as our ask. Council Member Hensley asked Mr. Todd if they intend to preserve the walkavator? Mr. Todd said the simple answer is no. It will be removed. They're removing the entire staircase. City Council Member Gina Baxter moved that City Council adopt an ordinance amending the official zoning map ofthe City afHendersonville changing the zoning designation ofthesubject property (PIN: 9568-97-1859) from PID, Planned Institutional Development to PID-CZD, Planned Institutional Development Conditional. Zoning District,forthe construction ofa 90,859 square. foot courthouse and 53,443 square foot detention center based on the master site plan and list of conditions submitted by and agreed to by the applicant, [dated 3-6-25] and presented at this meeting and subject to thefollowing: 1. The development shall be consistent with the site plan, including the list of applicable conditions contained therein, and thej following permitted uses Permitted Uses: i Public & quasi-public buildings 2. Permitted uses and applicable conditions presented on the site plan shall be amended to include: i. Additional conditions that shall be satisfied prior to final. site plan approval include: APRIL3, 2025 VOLUME 28 PAGE260 REGULAR: MEETING shall extend their sidewalks along 4th Ave within the railroad right of way up to a. The project The sidewalk will maintain the same "park street" their property line, or beyond as required. sidewalk design of an 8', wide concrete sidewalk and 2' wide utility/planting strip as the existing along this property. frontage on 4th Ave. 3. 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 is consistent with a range of Goals, Guiding Principles and the Future Land Use Designation of Chapter IV ofthe Gen H Comprehensive Plan. this to be reasonable and in the public interest based on the 4. Furthermore, we find petition informationfrom: the staff analysis, public hearing and because: 1. This expansion would give the County the additional space needed to improve operational efficiency and enhance thes services currently provided to its citizens. the detention center and courthouse builds upon a 2. The proposed expansion of longstanding use established at this site for over three decades. 3. Expanding the courthouse is a long-term investment in the community, ensuring that the infrastructure is capable of handling future needs without requiring another expansion in the near future. A unanimous vote of the Council followed. Motion carried. Ordinance #O-25-18 AN ORDINANCE OF THE CITY OF HENDERSONVILLE: CITY COUNCIL TO AMEND THE OFFICIAL: ZONING MAP OF THE CITY OF HENDERSONVILLE: FOR A PARCELI POSSESSING PIN NUMBER: 9568-97-1859 BY CHANGING THE ZONING DESIGNATIONI FROMI PID, PLANNED INSTITUTIONAL DEVELOPMENT TO PID-CZD, PLANNED INSTITUTIONAL DEVELOPMENT CONDITIONAL ZONING DISTRICT INI RE: Parcel Number: 9568-97-1859 Address: 2001 N. Grove Street Henderson County Courthouse and Detention Center Expansion: (File # 25-06-CZD) WHEREAS, the City is in receipt of a Conditional Rezoning application from applicant, Christopher Todd (Assistant County Manager) of Henderson County Government, and property owner, William Lapsley (County Commissioner Chairman) of Henderson County Government, for the construction ofa ofa 90,859 square foot courthouse and 53,443 square foot detention center on approximately 14.78 acres, and WHEREAS, the Planning Board took up this application at its regular meeting on March 13th, 2025; voting 7-0 Council an ordinance amending the official zoning map of the City of to recommend City approve Hendersonville, and WHEREAS, City Council took up this application at its regular meeting on April 3rd, 2025, and NOW, THEREFORE, BE IT ORDAINED by the City Council oft the City of Hendersonville, North Carolina: 1. Pursuant to Article XI oft the Zoning Ordinance of the City of Hendersonville, North Carolina, the Zoning Map is hereby amended by changing the zoning designation oft the following: Parcel Number: 9568-97-1859, changing the: zoning designation from PID, Planned Institutional Development to PID-CZD, Planned Institutional Development Conditional Zoning District. 2. Development of the parcelj pursuant to this Ordinance is subject to the following. d. Development shall comply with the master site plan submitted by the applicant dated March 6th, 2025, including the conditions listed therein, [and/or as modified and presented to City Council[and/or including modifications approved by City Council which shall be added to the site plan. The updated site shall be submitted to the City at or before the applicant's execution ofthis Ordinance]. e. Permitted uses shall include: i. Public & quasi-public buildings f. Additional conditions that shall be satisfied prior to final site plan approval include: ii. The project shall extend their sidewalks along 4th Ave within the railroad right of REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 261 way up to their property line, or beyond as required. The sidewalk will maintain the same "park street" design of an 8' wide concrete sidewalk and 2' wide utility/planting strip as the existing sidewalk along this property frontage on 4th Ave. 3. Except where modified by the terms oft this Ordinance, development of the parcel(s) shall occur in accordance with the final site plan requirements of Article VII of the Zoning Ordinance of the City of] Hendersonville, North Carolina. 4. Except where explicit relief is granted by the terms of this Ordinance, the development of the parcel(s) shall occur in accordance with all applicable standards within local ordinances and policies. This ordinance shall be notl be effective until the list of use(s) and conditions, established! herein, is consented to in writing by the applicant and all owners of the subject property. Upon such written consent, this ordinance shall be effective retroactive to the date of its adoption. Adopted this 3rd day of April, 2025. Barbara G. Volk, Mayor Attest:/ /s/Jill Murray, City Clerk Approved as to form:/s/Angela S. Beeker, City Attorney D. Rezoning: Standard Rezoning - LBH Property Holdings, LLC (Lyndon Hill) (25- 10-RZO) Sam Hayes, Planner II Sam Hayes explained that the he City of Hendersonville approved an annexation petition from Lyndon Hill (property owners) for one parcel totaling .08 acres located along Upward Road. The applicant did not request zoning, therefore the City is initiating zoning. The County remains in effect until municipal zoning is applied or a period of 60 days has elapsed zoning after annexation. The City is proposing Central Highway Mixed Use as the proposed zoning district for this property. CHMU permits a range of commercial uses and residential uses (up to 12 units/acre) and includes design standards for all uses other than single-family and two-family (per State Statute). As a standard rezoning, all uses would be permitted if approved. In 2011, City planning staff brought forward a proposal for the creation oft the Commercial Highway Mixed Use District. Additionally, City Council created the Upward Road Planning District in line with the City's sewer extension policy. LBH Property Holdings LLC (Lyndon Hill Henderson County CC to CHMU (25-10-RZO) Standard Rezoning City of Hendersonville City Council April 3rd, 2025 Community DevelopmentIF Planning Division Sam Hayes I Plannerll Location: 3 - OUpwardRoad PIN: 9577.89.9886 Applicanv/Owmer Ciyaflenderonunl (Applicant) € TGkogeryHoladins C (Owner) raiF Acreages 08 Acr Project CurrentZoning Hender S Counyccs Backgrouod PropoiedZomingr CHMU Futureland UseDesignstions MixedUses CG ohemercial APRIL 3, 2025 VOLUME 28 PAGE 262 REGULAR MEETING Site Photosas GL 9 )Comprehensive * Plan & LBHF Propertyl Holdingsl LLC Consistency: 25-10-RZO PIN: 9577-89-9886 Future Land Use 7 Acreage:. .08 FuturelandUse + Mixed Use 9 Commercial Futurel Landu Use CharacterA Areas - Conee u E - 9 O Current Land LBHP Property! Holdings! LLC Use & Zoning CHMU 25-10-RZO PINS: 9577-89-9886 Acreage:. .08 + Henderson County Currentl Landu Use andz Zoning Communiy Development Department Community Commercial(CC) Subjet Parcel Dpaceh Hendersonvillez Zoning Surrounding Zoning: CHMU E Zoning CMMU se + Commercial Highway Mixed Use (CHMU) CHM PRD-CZD REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 263 DRAFT: Comprehensive Plan Consistency Statement Thé petition is found to be consistent with the City of Hendersonville Gen H Comprehensive Plan based on the information from the staff analysis and the public hearing, and because: The proposed zoning of CHMU aligns with the Gen H 2045 Comprehensive Plan Future Land Use & Conservation Map and the Character Area designations in the areas adjacent to the subject parcel. DRAFT: 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] Commercial Highway Mixed Use is the zoning district established for the Upward Road Planning Area. The Commercial Highway Mixed Use zoning district is well suited to achieve the goals of the Comprehensive Plan for this area. 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 beçause: [Rationale for Denial] CHMU Zoning is inconsistent with the character of the surrounding area. The public hearing was opened at 8:39 p.m. There were no public comments. The public hearing was closed at 8:39 p.m. City Council member Jennifer Hensley moved that City Council adopt an ordinance amending the official zoning map ofthe City ofHendersonville changing the zoning designation ofthe subject property, PIN: 9577-89-9886from. Henderson County CC to City of Hendersonville Central Highway Mixed Use and designating the Future Land Use classification as "Mixed Use - Commercial" based on thefollowing: 1. The petition is found to be consistent with the City of Hendersonville GenH Comprehensive Plan based on the information from the staff analysis and because: APRIL3, 2025 VOLUME 28 PAGE 264 REGULAR MEETING CHMU aligns with the Gen H 2045 Comprehensive. Plan Future The proposed. zoning of Land Use & Conservation Map and the Character. Area designations in the areas adjacent to the subject parcel. this to be reasonable and in the public interest based on the 2. Furthermore, we find petition information, from the staff analysis, public hearing, and because: 1. Commercial. Highway Mixed Use is the zoning district established, for the Upward Road Planning Area. Mixed Use zoning district is well suited to achieve the goals 2. The Commercial Highway ofthe Comprehensive. Plan for this area. A unanimous vote of the Council followed. Motion carried. Ordinance #O-25-19 AN ORDINANCE OF THE CITY OF HENDERSONVILLE CITY COUNCIL TOAMEND THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSONVILLE: FOR. A CERTAIN PARCEL (POSSESSING PINI NUMBER 9577-99-0735) BY CHANGING THE ZONING DESIGNATION FROM HENDERSON COUNTY CC (COMMUNITY COMMERCIAL) ZONING! DISTRICT TOCITY OF HENDERSONVILLE CHMU (COMMERCIAL HIGHWAY MIXED USE) ZONING DISTRICT IN RE: Parcel Numbers: 9577-99-0735 Upward Road Hill (File # P24-36-RZO) WHEREAS, thel Planning Board took up this application at its regular meeting on July 11th, 2024; voting 7-0 to recommend City Council adopt an ordinance amending the official zoning map of the City of Hendersonville, and WHEREAS, City Council took up this application at its regular meeting on August 1st, 2024, and WHEREAS, City Council has found that this zoning map 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 a public hearing as required by the North Carolina General Statutes on August 1st,2 2024, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City ofHendersonville, North Carolina: 1. Pursuant to Article XI of the Zoning Ordinance ofthe City of Hendersonville, North Carolina, the Zoning Map is hereby amended by changing the zoning designation of the following: Parcel Number: 9577-99-0735 from Henderson County CC (Community Commercial) Zoning District to City of Hendersonville CHMU (Commercial Highway Mixed Use) Zoning District. 2. Any development ofthis] parcel shall occur in accordance with the Zoning Ordinance of the City ofHendersonville, North Carolina. 3. This ordinance shall be in full force and effect from and after the date of its adoption. Adopted this 3rd day of April, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: Is/Angela S. Beeker, City Attorney E. Zoning Text Amendment: BOA Quorum Adjustment (P24-088-ZTA0 - Sam Hayes, Planner II Sam Hayes explained that City staff is proposing changes to the Board of Adjustment's membership structure, reducing the number of regular members from ten to five and establishing five alternate members. These changes would simultaneously limit the number of members required for quorum while maintaining the pool of members that would be eligible to participate. Additionally, staff recommends that the approval threshold for variance requests be set at four- fifths ofthe board, in alignment with state legislation. REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 265 Board of Adjustment Member and Quorum Changes (P24-088-ZTA) Zoning Text Amendment City of Hendersonville City Council April 3rd, 2025 Community Development 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 decrease the number of regular members on the board in Section 10-1 and adjusting the number of mémbérs needed to grant a variance in Section 10-6. Applicant/Staff Reasoning: + City staff has recognized a trend of decreasing board membership and participation over the years. The goal is to lessen the number of members required to hear applications in hopes of enabling fewer applications to be delayed. Staff Recommended Code Revisions Seç/ 10-1. Establishment ofb board ofa adjustment and qualifications ofn members. Al board ofa adjustmenti isl hereby established. Said board ofa adjustment shall consist of tenn shallb mer seven Fourregular members andf foura alternaten members oft the board of adjustments shall members be citizens oft membersa andfivea altemate eI appointedb byc city council, sndlhree City ofHendersonvillea and E ofextrateritorial jurisdiction shall be appointed! byt Board of Commissioners onealtemater ofH Henderson members fliloiofdumes County. who reside in thec city'sarea Terms shall bet threey years: however, city council and the Henderson County Board lofCommissioners in.order.toa achieve ab balanceds system terms. Any vacancy int then memberships shallb be filled fort may thet appoint members foral lesser term mannera ast thei initiala appointment. Memberss servev withoutp pay butn may ber reimbursed for expenses incurred unexpiredt whiler termi representingt in thes same thel board conductt materiallyi Notwithstandingt impairs ors thef seriouslyt foregoing. threatenst thec city the council ability board member oft thel rS ofa adjustment for the exhibition ofap pattern of adjustment toc carry outit its designation functions. Hendersonvilles FheihreemMembers: Jurisdictions tot the shall boardo have ofa adjustment by theb board of county commissioners: as representatives ofthe Cityo of to ther regulation E oft the zoning ordinancei int the city and equalr its extraterritorialj rights, privilegesa jurisdiction. and duties with other members oft the boardi in all matters pertaining int thea absence Ciyeoumeilerd ofany regular thes county members. boardofcommis Alternate members sioners,t ase shallb maya mAlternater members teshalls serve on the board ofa adjustment altemater member, whiles attending anyr regularo or specialt meetingo oft board e ofa adjustment thes samet term and andi serving in thes in samer the manner: of as regular members. Each have andi may exercise allt thep and duties ofar absence any regular member, shall EE powers regular member. + Decrease total membership from 10to 5 members RegularMombers' (5 total) Alternates (5 total) City- - 4 ETJ-1 City-4 ETJ-1 APRIL3, 2025 VOLUME 28 PAGE 266 REGULAR: MEETING Code Revision Staff Recommended Sec. 10-6. Quorum and voting. concurring vote of seven four-fifhs majoritye oft the members oft thel board of Inaccordancev with G.S. 160D-406A.The ofthe members shall be to decide any other quasi-judicial adjustment shall be necessary to grant a variance. A majority requiredt on the an madei in the nature. of certiorari. For the purposes oft this subsection, vacant positions matter or to determine appeal shall not! be considered: members board ofa adjustment andi members who are disqualified from voting on a quasi-judicial matter alternates available to take the ofthe board of adjustment for the calculation oft the requisite majority ift there are no qualified place of such members. Other Changes Residence Current Status Amended Status Name City Regular Member Regular Member ReidE Barwick Regular Member Regular Member Libby Collina City Regular Member Regular Member Laural Flores City Regular Member Regular Member Rhona Reagan City Alteratel Member Alternate Kyleg Gilgis City Alternate Bretty Wemner City Regular Member Regular Member Alternate Steven Collins City Alternate [Vacant) City [New! Position) ETJ Regular Member (ToL bed determined by Henderson Charles Webb County] ETJ Regular Member [Tob be determined by Henderson Emest Mowell County] ETJ Regular Member [To bed determined by! Henderson Mark Russell County] BETNSERIDTON board rship and quorum having requirements to wait several makes months ity very to ET get members heard. in applicants CEESUES to meetings. CEGTRET CET PLANG GOALS (Chapter IV) N N/A andA Natural Environ nt: N/A Com Services: N/A N/A Uses and Services: N/A - EES Communityu Com - 2) Compatibility munity: N/A (Chapter IV) E GUIDINGE PRINCIPLES N/A EEEEGMETANE & Open Spaces:N/A - Housing: N/A & Infrastructure: N/A - Accesible E Whethera and the extent tov which there are changed conditions,t trends ort facts that require an amendment- 3) Changed Conditions Asd developmenta andre edevelopmemtinceases: ink Hendersonville, thel board ofa adjustmentr receivesn more applicants ast there arer requestsf for special use permits and variances. Whethera and towhich! theproposeda amendmentv would resulti ina and development thatb surroundingn neighborhood, isi in thepublici interest g promotes health, EV ands generalw welfare- 4) Public Interest Staffh hasv tot this ordinancet thatwill helpt thel boardo ofa adjustmentr run more smoothly.t thereby creatinga meE a more Eapu Whethera thee extent tov whicha adequate andt transportationa publicf facilitiesa are ands availablet servicessuch. to supportt asv suppb,wastnmtert amendment troatment, RitN andy police protection MP proposed. 5) Public Facilities Thisa amendmentv willh haver noi impact onp publicf facilities. ande the extentt tov whiche thoproposed. amendmenty wouldresulti ins significantly. adversei impacts on but not limited to water, air, noise, stormv water management, streams, - E vegetation, - andv - 6) Effect on Natural Environment Thereisr noi impact on ther natural environment. REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 267 Planning Board H Legislative Committee Décember 17th, 2025 4 4Memberin attendance + Staff + Introduced proposed text amendment +Generally no concerns +One member expressed disagreement with lowering the threshold for a variance from 7 +Planning Board +February 13th, 2025 +Unanimously voted to recommend for approval The public hearing was opened at 8:45 p.m. In Person: Lynne Williams said she was concerned about checks and balances. Right now you have three Planning Board members on the Board of Adjustment and it only takes four in order to have a vote SO I'mj just thinking maybe consider how many Planning Board members can be on the Board of Adjustment. The public hearing was closed at 8:46 p.m. City Council member Gina Baxter moved that City Council adopt an ordinance amending the official City ofl Hendersonville, Zoning Ordinance, Section 10-1. Establishment of board of adjustment and qualifications of members., Section 10-6. Quorum and voting., Section 10-8-2 Preliminary site plan., and Section 10-8-3 Evidentiary hearings on applications for special use permits. based on the following: 1. The petition isj 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 provide efficient government services. 2. We Ifind] 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. Changing the number of members on the Board ofAdjustment will assist with ensuring applications will be heard in a timely manner. A unanimous vote ofthe Councilj followed. Motion carried. Ordinance #O-25-20 AN ORDINANCE OF THE CITY OFI HENDERSONVILLE CITY COUNCIL TO AMEND ARTICLE: X - BOARD OF ADJUSTMENT, SECTIONS 10-1, 10-6, 10-8-2, AND 10-8-3 OF THE CITY OF HENDERSONVILLE: ZONING ORDINANCE TO MODIFY MEMBERSHIP OF THE BOARD OF ADJUSTMENT. WHEREAS, The City of Hendersonville has authority pursuant to N.C.G.S. 160D-302 to appoint a Board of Adjustment; and WHEREAS, Ordinarily, N.C.G.S. 160D-406 requires the concurring vote ofa four-fifths majority oft the Board of Adjustment to grant a variance, however, Session Law 1983-161 permits the City of Hendersonville to authorize the Board of Adjustment to decide matters upon a vote of seven members; and 2025 VOLUME 28 PAGE2 268 REGULAR. MEETING APRIL3, WHEREAS, The authority conferred upon the City of Hendersonville by Session Law 1983-161 is permissive and not mandatory; and WHEREAS, Currently the Board of Adjustment is comprised oft ten seats; and WHEREAS, Due to the availability ofwilling and able Board of Adjustment members, it is often difficult to get seven or more members available for ai meeting; and WHEREAS, the City now desires to amend the size and membership of the Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED by City Council of the City of Hendersonville, North Carolina that: SECTION 1. This Ordinance shall be known as "An Ordinance to Amend the Size and Membership oft the Hendersonville Board of Adjustment." SECTION: 2.. Article X. Board of Adjustment is hereby amended as follows: Sec. 10-1. Establishment of board of adjustment and qualifications of members. A board of adjustment is hereby established. Said board of adjustment shall consist of -five regular members and five alternate members. Four regular members and four alternate members oft the board of adjustment shall be citizens oft the City of Hendersonville: and shall be appointed by city council. One regular member and one alternate member of the board of adjustment who residei in the city's area of extraterritorial, jurisdiction shall be appointed by the Board of Commissioners of Henderson County. Terms shall be three years; however, city council and the Henderson County Board of Commissioners may appoint members for a lesser term in order to achieve a balanced system of overlapping terms. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the board of adjustment. Notwithstanding the foregoing, the city council may: remove any member oft the board of adjustment for the exhibition ofa pattern of conduct that materially impairs or seriously threatens the ability of the board of adjustment to carry out its designation functions. Members appointed to the board of adjustment by the board of county commissioners as representatives ofthe City of Hendersonville's) Extraterritorial Jurisdiction shalll have equal rights, privileges and duties with other members ofthe board in all matters pertaining to the regulation ofthe zoning ordinance in the city and its extraterritorial jurisdiction. Alternate members shall serve on the board of adjustment in the absence of any regular members. Alternate members shall be appointed for the same term and in the same manner as regular members. Each alternate member, while attending any regular or special meeting oft the board of adjustment and serving in the absence of any regular member, shall have and may exercise all the powers and duties ofa regular member. Sec. 10-6. Quorum and voting. In accordance with G.S. 160D-406(1), The concurring vote of four-fifths the board of adjustment shalll be necessary to grant a variance. A majority oft the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes ofthis subsection, vacant] positions on thel board of adjustment and members who are disqualified from voting on a quasi-judicial matter shall not be considered members oft the board of adjustment for the calculation oft the requisite majority ift there are no qualified alternates available to take the place of such members. A member of any board of adjustment exercising quasi-judicial functions pursuant to this article shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but arer not limited to, a member having a fixed opinion prior tol hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. Sec. 10-8-2. Preliminary site plan. The application for a special use permit shall be accompanied by a preliminary site plan showing the following: ** Sec. 10-8-3. Evidentiary hearings on: applications for special use permits. Once the administrative officer is in receipt ofa a complete application and a complete site plan, the administrative officer will schedule the application for an evidentiary hearing before thel board of adjustment. REGULAR MEETING APRIL3, 2025 VOLUME 28 PAGE 269 ** SECTION 3. The membership of the Board of adjustment is amended as follows: Name Residence Current Status Amended Status Reid Barwick City Regular Member Regular Member Libby Collina City Regular Member Regular Member Laura Flores City Regular Member Regular Member Rhona Reagan City Regular Member Regular Member Kyle Gilgis City Regular Member Alternate Brett Werner City Regular Member Alternate Steven Collins City Regular Member Alternate [Vacant] City [New Position] Alternate Charles Webb ETJ Regular Member [To be determined by Henderson County] Ernest Mowell ETJ Regular Member [To be determined by Henderson County] Mark Russell ETJ Regular Member [To be determined by Henderson County] Nothing contained herein shall amend the existing terms of Board of Adjustment members above. SECTION 4. The City Council requests that thel Henderson County Board of Commissioners make appointments to the City of Hendersonville Board of Adjustment consistent with this Ordinance. SECTION 5. Ifany provision of this ordinance or its application is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provisions or application, and to this end the provisions oft this ordinance are severable. SECTION 6. It is the intention oft the City Council and it is hereby ordained, that the ofthis ordinance shall become and be made part ofthe Code of Ordinances, City of Hendersonville, provisions North Carolina, andi the sections ofthis ordinance may be renumbered to accomplish such intention. SECTION 7. This Ordinance shall be effective upon its adoption. Adopted by the City Council oft the City of Hendersonville, North Carolina on this 3rd day of April, 2025. 8. NEW BUSINESS A. Rotary Club Request to Install Peace Pole at Lennox Park - Lynn Marks, Rotary Club. President City Manager Connet said Lynn could not join us tonight SO he would explain the request. The goal of the Rotary Club is to install a large number of Peace Poles around our country with the theme of May Peace Prevail On Earth. They wanted to do one close to the Ecusta Trail and the closest public property would be Lennox Park SO they have requested to put a Peace Pole there which will be similar to the one outside of City Hall and we have one at Patton Park as well. Council Member Lyndsey Simpson moved the City Council to approve the placement ofa Rotary Peace Pole at Lennox Park on S. Whitted, Street.. A unanimous vote ofthe Council followed. Motion carried. B. Medical Insurance Plan Selection - Brian Pahle, Assistant City Manager Assistant City Manager Pahle explained that we have the selection of our new health insurance provider for the city which is Blue Cross. Council Member Jennifer Hensley moved the City Council to approve the Resolution Authorizing the City Manager to. Negotiate a Contract with the FirmSubmitting the. Best Overall Proposal for the City's Health Insurance Plan. A unanimous vote of the Council followed. Motion carried. APRIL 3, 2025 VOLUME 28 PAGE 270 REGULAR MEETING Resolution #R-25-28 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE. A CONTRACT WITH THE FIRM SUBMITTING THE BEST OVERALL PROPOSAL: FOR CITY'S HEALTH INSURANCE PLAN WHEREAS, the City requested proposals on its current health insurance plan in January of2025; and WHEREAS, the City received five (5) proposals, with the low bid being a +14.1% increase and the high bid being a +43.0% increase; and WHEREAS, three (3) oft the bids were all withing one percentage point of each other at +33.0%; and WHEREAS, only one bid received was for aj pooled self-insured option, while the rest were fully insured options; and WHEREAS, based on staff review the Blue Cross Carolina Public Entity Cooperative (CPEC) is the recommended best option for the City of] Hendersonville, at a +33.9% increase, based on its comprehensive proposal andj plan design; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HENDERSONVILLE, NORTH CAROLINA that: 1. The City Manager is authorized to enter into a contract with Blue Cross CPEC for their proposal for the City's health insurance plan for the fiscal year 2026. Adopted by the City Council of the City ofHendersonville, North Carolina on this 3rd day of April, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney 9. CITY MANAGER: REPORT A. March 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 of] Hendersonville: 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 of both NCGS 159-13(b) and 159- 151 by providing City Council a summary of all amendments and adjustments occurring thus far in the fiscal year. FISCALY VEAR2024-20251F25 Completed COrretd ent BUDGETAI AMENDMENTSAI ANDA ADIUSTMENTS Prepose DESCRIPTION APPROVED TYPE MENDI ACCOUNTNUMBER ESCRIPTION EXISTINGE BUDGET INCREASE DECREASE BUDGET yes Adjust s/20 CIOIsGSIEeS uelitiesT Teleghones internet 68.601 51000 5,200 5200 45,800 75.801 Tablets-T Tmoble T-mobile yes Adjustment 3/7/2025 010-1010-534000 Non-CapitalE Equipment DEPADBSIS.CO Contrectedservice 253.000 19,000 234,000 Munlunk yes Adiustiment T Adjustment SAL/02S /1/2025 DEDADASSHZO Permit.,Uicence. Fees 66.000 19,000 85,000 Munilink ye: 0101002-519200 Contracteds SeMie: 45922 5.pc0 0922 Commu icaitonAV ves ves Adjuttment Adjustment 8/19/2025 S/19/2025 010-1002-521001 Suplie:.Materials 415 5.000 5.413 CommuniealtonAv 010-1002-519200 Comtrectedservies 40,922 5095 176,700 35827 EALlyamdlabilicemwe ves yes Adjustment Adjustme 3/19/2025 /19/2025 010-1002-52105 IncentiveProgram 171,605 5085 ElLiyandlbllncemtw 10. CITY COUNCIL COMMENTS Council Member Simpson said that Lew and Ij participated in a meeting with our downtown staff and folks from out of state that are involved in small business incubators and they were working the for us to do some stuff here in our community and I have to say it was a really on fun discussion feasibility to be a part of and I think that there's going to be some really cool stuff that comes out ofit. REGULAR MEETING APRIL 3, 2025 VOLUME 28 PAGE 271 11. ADJOURN There being no further business, the meeting adjourned at 8:53 p.m. upon unanimous assent of the Council. Gablara dlok Barbara G. Volk, Mayor ATTEST: Sio muiauy Jill Murray, City Clerk