REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 404 MINUTES June 5, 2025 REGULAR MEETING OFTHE CITY COUNCIL CITY HALL-2ND FLOOR MEETING ROOM - 160 6" AVE. E. 5:45 p.m. Present: Mayor Barbara Volk; Mayor Pro Tem Dr.Jennifer Hensley and Council Members: Lyndsey Simpson. Melinda Lowrance and Gina Baxter Staff Present: City Manager. John Connet, Assistant City Manager Brian Pahle, City ClerkJill Murray, City Attorney. Angela Beeker, Budget & Evaluation Director Adam Murr, Communications Director AllisonJustus, Communications Coordinator Brandy Heatherly and others. 1. CALL TO ORDER Mayor Barbara Volk called the meeting to order at 5:45 p.m. and welcomed those in attendance. A quorum was established with all members in attendance. 2. INVOCATION. AND PLEDGE OF ALLEGIANCE TO THE FLAG The City Council observed a moment of silence for prayer or reflection followed by the Pledge of Allegiance to the Flag. 3. PUBLIC COMMENT Up to 15 minutes is reserved for comments from the public not listed on the agenda. There was no public comment. 4. CONSIDERATION OF AGENDA City Manager John Connet asked to add a Resolution to Permit the Possession and Consumption ofAlcoholic. Beverages at the 2025 Rhythm & Brews Concert.Series toi the ConsentAgenda. Council Member Gina Baxter moved. that City Council approve the agenda as amended. A unanimous vote of the Councilfollowed. Motion carried. 5. CONSENT AGENDA Council Member Lyndsey Simpson moved that City Council approve the consent agenda as presented. A unanimous vote ofthe Councilfollowed. Motion carried. A. Adoption of City Council Minutes - Jill Murray, City Clerk City Council Regular Monthly Meeting - May 1, 2025 City Council Second Monthly Meeting - May 28, 2025 B. June 2025 Project Ordinances and Reimbursement Resolutions Adam Murr, Budget & Evaluation Director Resolution #R-25-39 HENDERSONVILLE, NORTH CAROLINA DECLARATION OF OFFICIAL INTENT TO REIMBURSE BEI IT RESOLVED by the City Councilofthe City ofHendersonville, North Carolina, this declaration (the "Declaration") is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 and is intended to constitute al Declaration of Official Intent to Reimburse under such Treasury Regulations Section. Thel undersigned is authorizedi to declarei the official intent OFHENDERSONVILLE, North Carolina (the "Issuer") with respectt to the matters contained! herein. Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the Expenditures") for EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE FIRE ENGINE 9-5 REPLACEMENTF PROJECT (#25010), ORDINANCE #O-25-27 (the "Projects"). REGULAR MEETING JUNE 5, 2025 VOLUME 29 PAGE405 Plan of Finance. The Issuer intends to finance the costs of the Project(s) with the grant revenue to be issued by the Issuer (the Borrowing"), the interest on which is to be excluded from gross income for Federal income tax purposes. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance thel Project is $850,000. Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the Expenditures incurred by it prior to the issuance of the Borrowing. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 5th day of June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney Resolution #R-25-40 HENDERSONVILLE, NORTH CAROLINA DECLARATION OF OFFICIAL INTENT TO REIMBURSE BEI IT RESOLVEDI by the City Council ofthe City ofHendersonville, North Carolina, this declaration (the "Declaration") is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 and is intended to constitute al Declaration of Official Intent to Reimburse under such Treasury Regulations Section. The undersigned is authorizedi to declare the officiali intent of HENDERSONVILLE, North Carolina (the "Issuer") with respect to thei matters contained herein. Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the "Expenditures") for EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE FY26 VEHICLE AND EQUIPMENT PROJECT(#VE020). ORDINANCE #025-28 (the "Projects"). Plan of Finance. The Issuer intends to finance the costs of the Project(s) with the debt proceeds to be issued by the Issuer (the Borrowing"), the interest on which is to be excluded from gross income for Federal income tax purposes. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance the Project is $1,192,000. Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the Expenditures incurred by it prior to the issuance of the Borrowing. ADOPTED by the City Council oft the City ofHendersonville, North Carolina, on this 5th day of. June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney Ordinance #O-25-27 CAPITAL: PROJECT ORDINANCE FOR THE EXECUTION, ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE FIRE ENGINE 9-5 REPLACEMENT PROJECT: #25010 BEI IT ORDAINED by the Governing Board oft the City ofHendersonville, North Carolina that pursuant to Section 13.2 of Chapter 159 of the General Statutes ofNorth Carolina, the following capital project ordinance is hereby adopted: Section 1: Thej project authorized is a City project described as thel Fire Engine 9-5 Replacement Project, #25010. Section 2: The following amounts are appropriated for the project(s): Account Codes Account Name Total Budget Fund Dept Account Project 410 1400 550103 25010 Capital Outlay- CIP $850,000 Total Project Appropriation $850,000 Section 3: The following revenues are anticipated to be available for the project(s): Account Codes Account Name Total Budget Fund Dept Account Project REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 406 410 0000 470010 25010 Debt Proceeds (FY28 IFC) ($850,000) Total Project Appropriation ($850,000) Section 4: The Finance Director is hereby directed to maintain within the General Fund and Governmental Capital Project Fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual agreements, if applicable. Section 5: Funds may be advanced from the General Fund and Governmental Capital Project Fund, as necessary for the purpose of making payments as due. Reimbursement requests shall be made in an orderly and timely manner. Section 6: The Finance Director is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and Section 4. Section 7: The Finance Director is further instructed to include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Board. Section 8: Copies of this capital project shall be furnished to the City Clerk, Finance Director, and City Manager for direction in carrying out this project. Section 9: The City Manager, or designee, is authorized to declare the project completed, close the project ordinance, and distribute remaining project funds to the appropriate operating fund or reserve fund. ADOPTED by the City Council oft the City of Hendersonville, North Carolina, on this 5th day ofJ June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney Ordinance #O-25-28 CAPITAL PROJECT ORDINANCE FOR THE EXECUTION, ACQUISITION, CONSTRUCTION,A AND INSTALLATION OF THE FY26 VEHICLE AND EQUIPMENT PROJECT, #VE026 BE IT ORDAINED by the Governing Board of the City of Hendersonville, North Carolina that pursuant to Section 13.2 of Chapter 159 of the General Statutes ofl North Carolina, the following capital project ordinance is hereby adopted: Section 1: The project authorized is a City project described as the FY26 Vehicle and Equipment Project, #VE026. Section 2: The following amounts are appropriated for the project(s): Account Codes Account Description Total Budget Fund Dept. Account Project 410 1300 554002 VE026 C/O-Vehicles (14-47) Marked SUV) $66,750 410 1300 554002 VE026 C/O-Vehicles (14-49 Marked SUV) $66,750 410 1300 554002 VE026 C/O-Vehicles (14-53 Marked SUV) $66,750 410 1300 554002 VE026 C/O-Vehicles (14-54 Marked SUV) $66,750 410 1300 554002 VE026 C/O-Vehicles (14-55 Marked SUV) $66,750 410 1300 554002 VE026 C/O-Vehicles (14-62 Marked SUV) $66,750 410 1502 554002 VE026 C/O-Vehicles (14-78 PW Director) $50,000 410 1521 554002 VE026 C/O-Vehicles (14-14 2500 Truck) $55,000 410 1525 554002 VE026 C/O-Vehicles (14-58 Quad Cab Truck) $55,000 410 1525 554001 VE026 C/O-Equipment (42-04 Tractor) $39,500 410 1555 554001 VE026 C/O-Equipment (22-181 Dump Truck) $150,000 410 1555 554001 VE026 C/O-Equipment (Mini-Excavator) $100,000 460 7002 554002 VE026 C/O-Vehicles $150,000 460 7002 554001 VE026 C/O-Equipment (22-12 Dump Truck) $110,000 460 7002 554001 VE026 C/O-Equipment (44-171 Excavator) $82,000 Total Project Appropriation $1,192,000 Section 3: The followingi revenues are anticipated to be available for the project(s): Account Codes Account Description Total Budget Fund Dept. Account Project 410 0000 470010 VE026 Debt Proceeds (FY26 V&E Loan) ($850,000) 460 0000 470100 VE026 Transfers In (from 060) ($342,000) REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 407 Total Project Appropriation ($1,192,000) Section 4: The Finance Directori is hereby directed to maintain within the General Fund, Water and Sewer Fund, and Capital Project Funds sufficient specific detailed accounting records to satisfy the disclosure requirements of all the contractual agreements, if applicable. Section 5: Funds may be advanced from the General Fund and Water and Sewer Fund as necessary for the purpose of making payments as due. Reimbursement requests shall be made in an orderly and timely manner. Section 6: Thel Finance Director is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and Section 4. Section 7: The Finance Director is further instructed to include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Board. Section 8: Copies ofthis capital project shall be furnished to the City Clerk, Finance Director, and City Manager for direction in carrying out this project. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 5th day of June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as toi form: Is/Angela S. Beeker, City Attorney C. Revision of Personnel Policy Amending Article III, Section 8; Article IV, Section 3, and Article VII Section 8 - Jennifer. Harrell, HR Director Resolution #R-25-41 RESOLUTION BY THE CITY OF ENDERSONVILLE CITY COUNCIL AMENDING THE CITY OF HENDERSONVILLE PERSONNEL POLICY WHEREAS, the City of Hendersonville maintains a Personnel Policy. The purpose of which is to establish a system of personnel administration for recruiting, selecting, employing, developing, and maintaining an effective and responsible workforce; and WHEREAS, the City of) Hendersonville wishes to amend Article III. Section 8 - Salary Effect of Promotions, Demotions, Transfers, and Reclassifications: Promotions: by clarifying when an employee is promoted that in special circumstances the hiring procedure authorizes the Department Head with concurrence from the Human Resources Director may advance an employee's salary upt to 15%. Ita also removes the statement that the employee's annual review will be changed to the date of promotion. Demotions: The statement that the employee's annual review will be changed tot the date of promotion is removed. Reassignments: by clarifying when an employee takes a reassignment, the employee's salary will be decreased by at least 5% and the salary shall not exceed the maximum of the grade. Reclassifications: The statement that the employee's 's annual review will be changed to the date of promotion is removed. WHEREAS, the City of Hendersonville also wishes to amend Article IV Section 3 Recruitment, Selection and Appointment. Selection: Specifies Department Heads or the department hiring manager with the assistance oft the Human Resources department shall make such investigations and conduct such examinations as necessary to assess accurately the knowledge, skills, and experience qualifications required for the position, including criminal history where job-related using the DCI when needed. All selection devices administered by the City shall be valid measures ofj job performance. Appointment: Specifies before any commitment is made to an applicant either internal or external, recommendations by the hiring team should be made to the Department Head and along with the reasons for selecting the candidate over other candidates. WHEREAS, the City of Hendersonville also wishes to amend Article IV Section 5. Promotion. It is specified there are two types of promotions non-competitive and competitive. NOW THEREFORE, BE. IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that from and after the effective date ofthis resolution, Article III. Section 8 and Article IV Section 3 oft the Personnel Policy attached to this resolution, is hereby adopted. This policy will become effective as of the date of adoption. Adopted by the City Council of the City of Hendersonville, North Carolina on this 5th day of June, 2025. Barbara G. Volk, Mayor Attest:/ /s/Jill Murray, City Clerk Approved ast to form: /s/Angela S. Beeker, City Attorney REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 408 D. Approval to Declare and Sell Surplus Logan Hickey, Procurement & Contract Administrator Resolution #R-25-42 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO DECLARE THE TRIPLE WIDE. ASSET AND TO AUTHORIZE ITTO BE SOLD VIA INTERNET AUCTION WHEREAS, The City of Hendersonville has determined that the triple wide building (which temporarily housed part of our Fire Department during the construction of our new. Fire Station) should be declared surplus; and WHEREAS, City Administration has considered options for repurposing the building for other capacities, however, there is not currently ai need at the city for the facility; and WHEREAS, In 2024, the City received an informal estimate that thel building was worth $205,000.00; and WHEREAS, Per the request of City Administration, the Finance. Department is requesting that this asset be declared surplus with the intent to: sell it viai internet auction; and WHEREAS, This is being submitted for Council approval per N.C.G.S. S 265 as the value of the assets is greater than $29,999.99; and WHEREAS, Per the attached Resolution # 11-1051 from October 2011 andj per 160A-270(C), internet auction is legally appropriate provided Council approves this Resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that the City's Public Works Department is authorized to declare the preceding asset as surplus and to proceed with selling this asset via internet auction. Adopted by the City Council of the City of Hendersonville, North Carolina on this 5th day of. June, 2025. Barbara G. Volk, Mayor Attest:/s/Jill. Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney E. June 2025 Budget Amendments Jennifer Floyd TOI MAYOR& COUNCIL FISCAL YEAR2025 APPROVAL: June 05, 2025 FORM: 06052025-01 BUDGET AMENDMENT FUND0101 301 ACCOUNT NUMBER DESCRIPTIONOFA ACCOUNT EXISTINGE BUDGET INCREASE DECREASE REVISEDE BUDGET 010-1502-534000 Non- -CapitalEquipment 28,805 2,750 26,055 010-0000-598901 TransferC Out(to3 301, #G2403) 2,243,298 2.750 2,246.048 FUND010 TOTAL REVENUES GeneralF Fund TOTALI EXPENDITURES 2,272,103 2,750 2,750 2,272,103 301-0000- 470100-G2403 TrmmairihfFiom0i0.25 2.750 2.750 30:-000-20350.62505 Grant Revenue 128,928 - 128,928 301-1565-5 550103-6G2505 CapitalOutlay- Servicesa andFees 128,928 2.750 - 131.678 FUND301 TOTALF REVENUES 128,928 2,750 - 131,678 Ops. Energy Efficiency, TOTALE EXPENDITURES 128,928 2,750 - 131,678 Ana amendmentt toth theOperations Center Energy EfficiencyProject, #G2505- increasingto totalappropriationst by $2,750toa atotalofs $131,678 usingatransferin fromt theG GeneralFund. Thetransferisn neededtooffsetc costincreasesw whichh havec occurreds sincet thei initialgranta application. Thec CityN Managera and City Clerk certifyb budgeto ordinancea amendment 06052025-01v was approved by City Councilon) June 05. 2025. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 409 TOI MAYOR& COUNCIL FISCAL YEAR: 2025 APPROVAL: June 05, 2025 FORM: 06052025-02 BUDGET AMENDMENT FUND199 010 ACCOUNT NUMBER DESCRIPTIONOFA ACCOUNT EXISTINGBUDGET INCREASE DECREASE REVISEDE BUDGET 199- 0000-470900-0001 FundBalance Appropriations 2.314 2.314 199.000.59890.001 Transfer Out(to010) 2.314 - 2.314 FUND: 199: #00001 TOTALF REVENUES - 2,314 - 2,314 Special Revenue Fund TOTAL EXPENDITURES - 2,314 - 2,314 199-000-708000002 FundBalance Appropriations - 2.656 . 2.656 199-0000-5 598901-00002 Transfer Out(to010) - 2.656 : 2.656 FUND1 199 #00002 TOTAL REVENUES - 2,656 - 2,656 SpecialF Revenue Fund TOTAL EXPENDITURES - 2,656 - 2,656 199.000-7090.003 FundB BalanceApropriations 19,928 - 19.928 199-0000-5 598901-00003 Transfer Out(to010) - 19,928 - 19,928 FUND: 199 #00003 TOTAL REVENUES 19,928 - 19,928 SpecialF Revenue Fund TOTAL EXPENDITURES - 19,928 - 19,928 199-0 0000-470900-00005 FundBalanceA Appropriations 2,853 - 2.853 199-0000-5 598901-00005 Transfer Out(to010) 2,853 - 2.853 FUND1 199 #00005 TOTALREVENUES - 2,853 - 2,853 Special Revenue Fund TOTAL EXPENDITURES 2,853 - 2,853 19.000-70900011 FundBalanceA Appropriotions 17.459 - 17.459 199000598901-0011 Transfer Out(to010) - 17.459 17.459 FUNDI 199 #00011 TOTALF REVENUES - 17,459 17,459 SpecialR Revenue Fund TOTALE EXPENDITURES 17,459 - 17,459 010-0000-470100 Transferin(From1 199. #00001) 2.314 - 2.314 010-0000-5 534999 Contingency 94.664 2.314 - 96.978 FUND010 TOTALR REVENUES 2,314 2,314 General Fund TOTALE EXPENDITURES 94,664 2,314 96,978 010-0000-470100 Transferl rin(From1 199. #00002) 2.656 - 2.656 010-0000-534999 Contingency 96.978 2.656 - 99.634 FUND010 TOTALR REVENUES 2,656 - 2,656 GeneralF Fund TOTALE EXPENDITURES 96,978 2,656 - 99,634 010-0000-4 470100 Transferin(From 199. #00003) 19.928 19.928 010-0000-5 -534999 Contingency 99,634 19,928 - 119.562 FUND010 TOTALE REVENUES 19,928 - 19,928 General Fund TOTALE EXPENDITURES 99,634 19,928 - 119,562 010-0000-470100 Transferl In(From1 199.#00005) 2,853 - 2.853 010-0000-534999 Contingency 119,562 2,853 - 122.415 FUND010 TOTAL REVENUES 2,853 - 2,853 GeneralFund TOTAL EXPENDITURES 119,562 2,853 122,415 010-0000-470100 Transferin(From 199. #00011) 17.459 17,459 010-0000-534999 Contingency 122.415 17,.459 - 139.$74 FUND010 TOTALR REVENUES 17,459 - 17,459 GeneralF Fund TOTALE EXPENDITURES 122,415 17,459 139,874 AnamendmentoFunds1 199a and010,transteringr remainingfundb bolancefr fromprojects #00001. #00002. #00003. #00005. and #00011i intot theG GeneralFund. increasingt totala appropriations! bys $45. 210. Thisa amendmento closeslistedprojeetsi int thes SpeiaiRemuFumaisa) Thec CityManager andCityClerko certify ybudgeto ordinance amendment 06052025-02w was approvedbyC City0 Councilon) June 05, 2025. TOI MAYOR& COUNCIL FISCAL YEAR2026 APPROVAL: June 05, 2025 FORM: 06052025-03 BUDGET AMENDMENT FUND410 ACCOUNT NUMBER DESCRIPTIONOFA ACCOUNT EXISTINGE BUDGET INCREASE DECREASE REVISEDBUDGET 410.1010-70:0025001 Tiansterln/from010) 75.000 25.000 100.000 410-1 1010-550103-25001 CapitalOuttayCIP 75.000 25.000 - 100,000 FUND010 TOTALF REVENUES 75,000 25,000 - 100,000 General Fund TOTAL EXPENDITURES 75.000 25.000 - 100,000 Anamendmentt tot thel Downtown CameraP Project, #25001i increasingthet total appropriationbys $25.00toatotalois $100,000u usinga at transferi int fromt the General Fund. TheC CityManagera ando City0 Clerk ccertifyb budgeto ordinancea amendmento 06052025- 03wasa approvedb by City Councilonlume05.2025. F. Construction Contract Award for the Wastewater Treatment Facility HVAC Systems Replacement Project - Devon Owen, Utilities Engineer Resolution #R-25-43 RESOLUTION: BY THE CITY OF HENDERSONVILLE OF AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITY HVAC SYSTEMS REPLACEMENT PROJECT WHEREAS, the City owns and operates a wastewater treatment facility (WWTF) and laboratory that was impacted by Hurricane Helene during the week of September 24, 2024; and REGULAR. MEETING JUNE 5, 2025 VOLUME 29 PAGE 410 WHEREAS, the City intends to replace its heating, ventilation, and air conditioning (HVAC) systems at the WWTF administration building which were flooded during Hurricane Helene; and WHEREAS, once completed the project will restore climate control within the WWTF administration building, allowing the laboratory to accurately ensure that treatment processes at the WWTF are operating as intended; and WHEREAS, on May 15, 2025, formal bids for construction of the project were opened as follows: Cooper Construction Company, Inc.:$624,400.00 Hickory Mechanical, Inc.: $771,676.00 WHEREAS, formal bids were reviewed for completeness and accuracy. Cooper Construction Company, Inc. is the lowest responsive, responsible bidder; and WHEREAS, the project engineer and utility staff are recommending the award of the WWTF HVAC Systems Replacement Project to Cooper Construction Company, Inc. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that: The City Manager is authorized to award and execute a contract for the construction of the WWTF HVAC: Systems Replacement Project to Cooper Construction Company, Inc., the lowest responsive and responsible bidder in the total amount of $624,400.00. The City Manager is authorized to approve change orders which cumulatively do not exceed 10% of the approved contract amount of $624,400.00, provided however that any necessary budget ordinance or project ordinance amendments must bel brought back to the City Council for approval. Adopted by the City Council of the City of Hendersonville, North Carolina on this Sth day of June, 2025. Barbara G. Volk, Mayor Attest:/s/Jill Murray, City Clerk Approved as to form: s/Angela S. Beeker, City Attorney G. Approval of Memorandum of Understanding for Ecusta Trail Operations and Authorization of City Manager to Execute - Brent Detwiler, Public, Services Director Resolution #R-25-44 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO APPROVE THE MEMORANDUM OF UNDERSTANDING FOR ECUSTA TRAILO OPERATIONS WHEREAS, the City Council of the City of Hendersonville considers bicycle and pedestrian transportation to be of utmost importance to the region by providing Western North Carolina with recreation and transportation opportunities as well as thej possibilities of economic and community development; and WHEREAS, the City Council of the City of Hendersonville adopted a resolution on April 5, 2012 supporting a regional recreational greenway along the Ecusta rail corridor linking Henderson and Transylvania counties; and WHEREAS, Henderson County will soon complete the first phase ofthe Ecusta Trail from downtown Hendersonville to the Horse Shoe area; and WHEREAS, staff from the governing jurisdictions in which the trail is contained have drafted a Memorandum of Understanding for operation of the Ecusta Trail in within Henderson County; and NOW, THEREFORE, BE IT RESOLVED by the City Council oft the City of Hendersonville, North Carolina that: 1. The City hereby approves the Memorandum ofUnderstanding for Ecusta Trail Operations and authorizes the City Manager or designee to execute said Memorandum. Adopted by the City Council of the City ofHendersonville, North Carolina on this Sth day of June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form:/ /s/Angela S. Beeker, City Attorney REGULAR MEETING JUNE 5, 2025 VOLUME 29 PAGE 411 H. Construction Contract Award and Sole Source Exception for the French Broad River Intake and Pumping Station Permanent Repairs Project - Adam Steurer, Utilities Director Resolution #R-25-45 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO AUTHORIZE THE CONTRACT AWARD AND SOLE-SOURCE EXCEPTION OF THE FRENCH BROAD RIVER: INTAKE AND PUMPING STATION PERMANENT REPAIRS DUE TO HURRICANE HELENE WHEREAS, prior to completion of construction, the French Broad River intake and pumping station was substantially flooded, including but not limited to the electrical room, as aj result ofHurricane Helene; and WHEREAS, the City originally contracted with Crowder Construction Company for the construction oft the French Broad River intake and pumping station by way of that contracted dated March 10, 2022 which was procured in accordance with the requirements ofNCGS 143-129; and WHEREAS, Crowder Construction Company has previously assessed the: flooding of the French Broad River intake, and then completed immediate measures to dewater and dehumidify the building and facilities and such other actions as were necessary to minimize further damage to the French Broad River intake as a result of the flooding, all of the foregoing being performed under an emergent contract; and WHEREAS, it is necessary to perform additional, permanent repair services for the French Broad River intake in order tor restore itt to its pre-storm condition; and WHEREAS, NCGS 143-129(e) lists the authorized exceptions to the formal bid procedures. NCGS 143-129(e)(6) allows for purchases of apparatus, supplies, materials, or equipment to bej purchasing using sole-source exception when: () performance or price competition for aj product are not available; (ii) a needed product is available from only one source ofs supply; or (iii) standardization or compatibility is the overriding consideration. The governing board ofa political subdivision of the State shall approve the purchases listed in thej preceding sentence prior to the award of the contract; and WHEREAS, NCGS 143-129(e)(4) provides that construction or repair work undertaken during the progress ofa construction or repair project initially begun pursuant to NCGS 143-129 is exempt from the bidding process; and WHEREAS, Crowder Construction Company is the: sole contractor that can perform the permanent repair services as thei intake was currently under construction by Crowder at the time of Helene, and pursuant to the terms ofthe March 10, 2022 contract, the certificate of substantial completion had not been issued by the City, and the intake was and is still under Crowder's possession and control for purposes ofc completing the construction oft the intake, and allowing a third party contractor to perform the repairs to a work in progress would result in substantial duplication of costs that would notl be expected to be recovered through competition; and WHEREAS, the permanent repair services are to repair work that was originally undertaken pursuant to NCGS 143- 129; and WHEREAS, in order to segregate the permanent repair work that is necessary to restore the intake to the stage of construction existing immediately prior to the Helene from the completion of the construction of the intake project under the March 22, 2022 contract, Crowder Construction Company and the City are entering into this separate permanent repair agreement, rather than amending the March 10, 2022 contract by change order. NOW THEREFORE, BEI IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that: 1. As soul-source exception to the formal bid procedures applies as performance or price competition are not available for the permanent repairs ofthe French Broad River Intake and Pumping Station. 2. The City Manager is authorized to award and execute a contract for the construction oft the French Broad Intake and Pump Station Permanent Repairs Due to Hurricane Helene in the total amount of$1,871,961.00. 3. The City Manager is authorized to approve change orders which cumulatively do not exceed 10% ofthe approved contract amount of$ $1,871,961.00, provided however that any necessary budget ordinance amendments must be brought back to the City Council for approval. 4. To the extent that compliance with State or Federal Bidding requirements require that an amendment to the March 10, 2022 contract be entered, the contract entered pursuant to the authority of this Resolution for the permanent repair work (and all change orders entered thereto) shall be considered an amendment to the March 10, 2022 contract. Adopted by the City Council of the City of Hendersonville, North Carolina on this 5th day of June, 2025. Barbara G. Volk, Mayor Attest:/ /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 412 I. Engineering Agreement Amendment for the French Broad River Intake and Pumping Station Permanent Repairs Project - Adam Steurer, Utilities Director Resolution #R-25-46 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO AUTHORIZE AN AMENDMENT TO AN ENGINEERING SERVICES. AGREEMENT TO SUPPORT THE FRENCH BROAD RIVER INTAKE. AND PUMPING STATION PERMANENT REPAIRS PROJECT WHEREAS, prior to completion of construction, the French Broad River intake and pumping station was substantially flooded, including but not limited to the electrical room, as ai result ofl Hurricane Helene; and WHEREAS, the City originally contracted with Black & Veatch International Company for engineering services for the French Broad River intake and pumping station on July 26, 2017; and WHEREAS, Black & Veatch International Company has previously assessed the flooding of the French Broad River intake, and then supported the completion of immediate measures to dewater and dehumidify the building and facilities and such other actions as were: necessary to minimize further damage to the French Broad River intake as a result of the flooding, all ofthe foregoing being performed under an emergent contract; and WHEREAS, iti is necessary to perform additional, permanent repairs requiring engineering support for the French Broad River intake in order to restore itt to its pre-storm condition; and WHEREAS, Black & Veatch International Company can efficiently perform the engineering support of the permanent repairs as the engineer of record of the intake construction, and without substantial duplication of costs that would be expected in allowing a third-party engineer to support the permanent repairs; and NOW THEREFORE, BE IT RESOLVED by the City Council oft the City of Hendersonville, North Carolina that: 1. The City Manager is authorized to execute an amendment to the agreement for engineering services to support thel French Broad Intake and Pump Station Permanent Repairs Due to Hurricane Helene in the total amount of $246,000.00. Adopted by the City Council of the City of Hendersonville, North Carolina on this 5th day of] June, 2025. Barbara G. Volk, Mayor Attest:/ /s/Jill Murray, City Clerk Approved as to form:/s/Angela S. Beeker, City Attorney J. Wilson Tract Restoration Declaration for the Lower Mud Creek Restoration Project = Daniel Heyman, Staff Attorney Resolution #R-25-47 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCILAUTHORIZING THE EXECUTION AND RECORDING OF DECLARATION OF COVENANTS OF LAND-USE RESTRICTIONS FOR THE LOWER MUD CREEK RESTORATION PROJECT WHEREAS, the City of! Hendersonville has been awarded a grant from thel North Carolina Land and Water Fund (the "Fund"), a division oft the Department of Natural and Cultural Resources for the lower Mud Creek Restoration Project; and WHEREAS, the City has entered into a grant agreement with the Fund to govern the City's use and the Fund's disbursement oft the grant; and WHEREAS, to receive reimbursement under the grant, the City is required to execute and record a Declaration of Covenants of Land-Use Restrictions, or Restoration Declaration, for each property owned by the City andj proposed to be improved with grant funds; and WHEREAS, the City owns a tract of land, being all of that property described in a deed from Ken Wilson Ford, Inc. to The City of Hendersonville, said deed recorded in Deed Book 1107 at page 172 oft the Henderson County Registry, and having PIN 9568-73-9214, (the "Wilson Tract"), that will bei improved using grant funds; and WHEREAS, the City must execute and record a Restoration Declaration for the Wilson Tract in order to receive reimbursement under the grant. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that: 1. The Declaration of Covenants of Land-Use Restrictions, (hereinafter the "Restoration Declaration") for the Wilson Tract, attached hereto as Exhibit A and incorporated herein by reference, is approved. REGULAR MEETING JUNE 5, 2025 VOLUME 29 PAGE 413 2. The Mayori is authorized to execute the Restoration Declaration and City staffi is authorized to record the same int thel Henderson County Registry. Adopted by the City Council oft the City of Hendersonville, North Carolina on this 5th day of June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: s/Angela S. Beeker, City Attorney K. Resolution Authorizing the Purchase of Real Property - Angela S. Beeker, City Attorney Resolution #R-25-48 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL APPROVING THE PURCHASE OF REALI PROPERTY WHEREAS, the City of Hendersonville received a grant from Dogwood Trust to fund affordable housing initiatives as contained in the grant agreement dated November 29, 2021, as amended by that document on January 15, 2025 ("Grant. Agreement"); and WHEREAS, certain property became available for sale by the trustee oft that deed of trust recorded in Book 725 at Page 633 of the Henderson County Registry ("Deed of Trust"); and WHEREAS, the City of Hendersonville wishes to purchase the property secured by that deed oft trust (the "Real Property") with grant funds for the purpose of constructing affordable housing; and THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HENDERSONVILLE, NORTH CAROLINA that: 2. The City Manager is authorized to act on behalf of the City of Hendersonville to purchase the Real Property secured by the Deed of Trust in accordance with the procedures outlined in North Carolina General Statutes Chapter 45, Article 2A and within budgeted funds available under the Grant Agreement. 3. The City Manager, City Attorney, City Finance Director and City Staff are authorized to take such other actions as may be necessary to carry out the purchase, including but not limited to bidding and closing on the purchase and payment of all closing costs, attorneys fees, and other expenses required to be paid as part oft the purchase. 4. All actions oft the City Manager, City Attorney, City Finance Director and City Staff taken in furtherance of this property purchase are hereby ratified and approved. Adopted by the City Council of the City of Hendersonville, North Carolina on this 5th day of June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved ast to form: /s/A Angela S. Beeker, City Attorney L. Interlocal Agreement for 911 Fund Allocations Blair Myhand, Police Chief M. Resolution to Permit the Possession and Consumption of Alcoholic Beverages at the 2025 Rhythm & Brews Concert Series Angela S. Beeker, City Attorney Resolution #R-25-52 HENDERSONVILLE, NORTH CAROLINA RESOLUTION TO PERMIT THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE 2025 RHYTHM & BREWS CONCERT SERIES WHEREAS, North Carolina General Statute 18B-300 (c)(3) permits a city or county, by local ordinance, to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys, or parking lots which are temporarily closed to regular traffic for special events, and; WHEREAS, Section 6-2 (d) of the City of Hendersonville Code of Ordinances establishes that it "shall not be unlawful for any person to possess or consume any alcoholicl beverage on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events, ifthe city councill has adopted a resolution making provisions for the possession and consumption of malt beverages or unfortified wine or both at such special event, to the extent permitted by such resolution." NOW THEREFORE BE IT RESOLVEDI by the city council oft the City of Hendersonville, North Carolina, pursuant to the authority granted by general statute and according to the duly adopted local ordinance that, REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 414 Elevents, INC (dba The Friends of Downtown Hendersonville), is permitted to host 5 summer concert events on thei following dates, June 19th, July 17h, August 21s, September 18th and October 16th, 2025. Furthermore, that the possession of alcohol in the form of malt beverages and unfortified wine, be permitted within the event footprint established by the City Special Events Committee and the associated' North Carolina Alcohol Beverage Control Special Event Permit on the dates listed above. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this 5th day of June 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved ast to form: /s/Angela S. Beeker, City Attorney 6. PRESENTATIONS A. Introduction of City Liaison Jeff Miller John Connet, City Manager City Manager John Connet introduced Jeff Miller as the new City Liaison to help us interact with other local governments in Henderson County, as well as a State official and Federal official and I can think of no better person than Jeffto do that. He is a volunteer, it is not a paid position SO Jeff, thank you for the time that you give us. This will be another arm in the city to help us move forward with a strategic vision. So welcome back to our team Jeff. 5. PUBLIC) HEARINGS A. Fiscal Year 2025-2026 Budget Adoption - John Connet, City Manager City Manager John Connet presented the recommended 2025-2026 budget and gave the following PowerPoint presentation. CITY OF HENDERSONVILLE R FY26 BUDGET ADOPTION June 05, 2025 E E 1 1847 City of Hendersonville, NC Our Vision Hendersonville is a vibrant mountain city where the government and citizens work together for a high quality of life. our Mission The City of Hendersonville is committed to providing quality, efficient services to all citizens, visitors, and businesses through open communication, timely responses, and quality results. Recommended Budget FY2025-26 REGULAR MEETING JUNE 5, 2025 VOLUME 29 PAGE 415 BUDGET AT A GLANCE 5 CITYOFI HENDERSONVILLE - - FY26 mlt RECOMMENDED BUDGET ATA GLANCE of 263 GREATPUBLIC SERVICES SOUNDI NFRASTRUCTURE NUMEROUS AMENITIES s STRONGI PARTNERSHIPS ECONOMICVITALITY FINANCIAL SUSTAINABILITY COUNCIL GOALS - The Fiscal Year 2025-2026 (FY26) budget Rank: #7- - Public Safety was developed based upon information presented and discussed during our Rank: City #2- Compensation, Benefits, and Staff Development Council and Staff Retreat on Feb. 27 and 28, 2025. Rank: #3 - Strong Infrastructure We are entering our final year of the 3- Rank: #4 Strategic Housing Plan year plan and will begin developing a scope for the next. 3-year plan during the Rank: #5 Growth Management and Community Character FY27 budget development process. Rank: #6- - Invest in Parks Each goal area to the left is tracked in the City's strategic planning documents, Rank: #7- Enhance Sustainability Citywide which can bet found online at: Rank: #8 Transportation Planning owahvanegaatatastsahn Rank: #9 City Boards and Volunteers Rank: #10 Support Downtown Businesses HELENE RECOVERY AND RESILIENCY - - - City Council and City Staff Developed Eight (8) Priorities for the Resiliency and Recovery Plan: 1. Invest in Redundant & Resilient Critical Infrastructure 5. Financial Resiliency 2. Housing 6. Debris Management 3. Communications & Storytelling 7. Floodplain Mitigation 4. Emergency Response Plan 8. Trained & Right-Sized City Staff Helene Resiliencya andR Recovery Plan = vel Plan 7/01/2025 Morty Invc riorty 07/01/202 17/0 01/2025 12025 Eme 7/0 2025 Fini 7/0 025 Debr 07/01/20 Flo 07/01/2025 Tra REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 416 BUDGET AT A GLANCE TOTAL RECOMMENDED BUDGET: $68,623,860 WHERE IS THE MONEY COMING FROM? GENERAL FUND Restricted Intergovernmental: 3.45% Permits & Fees 2.28% Ad Valorem Sales & Services 1.25% Taxes 61.25% Investment Earnings 0.36% Other taxes & Licenses 0o3o Miscellaneous 0.02% Unrestricted WHERE IS THE MONEY GOING? Intergovernmental Sales Taxes Environmental: Services 3.49% 31.36% General Fund Stormwater: 2.44% 45.65% Parking2.00% Main St. MSD 1.37% 7th Ave MSD 0.31% Water & Sewer Stormwater Capital Reserve 0.22% 44.33% Water & Sewer Capital Reserve 0.15% Governmental Special Revenue 0.05% BUDGET AT A GLANCE - - - - - ert RATES & FEES $0.52 Stormwater: $8.00/month $100ofv $li increase for residential customers Non-residential Stormwater Fee Cap $400 City Wide: $0.52/per $100 No change from the previous rate Environmental Services: Main St and 7th Ave MSD: $0.21/per $100 32-gallon can: $30; 96-gallon can: $32 Main St: No change from the previous rate $7i increase to make fund sustainable 7th Ave: No change from the previous rate & hire 3 workers WATER & SEWER RATES Parking: No increase in parking rates Water: 8% increase Motor Vehicle Fee: Sewer: 9% increase $15i increase for Vehicle Registration Renewal Funding earmarked for maintaining streets/ADA The rate differential between inside & compliant sidewalks in compliance PROWAG outside water customer rates has lowered unfunded federal mandate by 5%1 reflecting City Council's commitment toe equalize rates by 2030 LEARN MORE AT: HVINC.GOV/BUDGET BUDGET AT A GLANCE TOTAL RECOMMENDED BUDGET: $68,623,860 PERSONNEL BENEFITS HIGHLIGHTS 4.0% Cost ofl Living Adjustment Focusing on long-term financial sustainability, the FY26 3.00% 401k Match budget centers on rebuilding from Hurricane Helene and 2.56% Average Merit Increase continuing to offer high-quality services to residents Committing to Compensation/Benefits: requires additional funds to recruit & retain personnel, by covering increasing medical insurance & retirement costs Prioritizing Strong Infrastructure with key Water & Sewer projects including treatment plant, line, and pump station improvements Enhancing Public Safety by funding 911 Software, CPR Device, and Swift Water Rescue Equipment New positions include: 3 Environmental Service Workers, 2 - Water & Sewer Line Maintenance Mechanics, 1Downtown Maintenance Worker &1 1Fleet Maintenance Technician REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 417 GENERAL FUND - - - Setting the Tax Rate: Avg. = $0.5244 FY25 Peer Tax Rates & 82.50 Hendersonville FY26 Recommended 72.50 76.00 64.75 65.00 67.25 55.95 58.40 51.76 52.00 45.50 48.00 48.36 39.54 40.93 42.00 3435 29.00 22.50 / d / / / / / / s A / s / / / / / A / GENERAL FUND - - TAX RATE $0.52/$100 REVENUES Rate = $0.52/$100 (no change) REVENUES 28,194,046) Sales Tax Growth & Development EXPENDITURES 30,969,077 EXPENDITURES (+$3.Im,or1 11.23%) $15.8m Personnel & Benefits (+$2.Om) COLA, Merit, 401k, LGERS, etc. OTHER FINANCING 357,534 Fleet Maint. PositionAdded $7.2m Operating (+$826k) FUND BALANCE Powell BillE Expenditures $297k Capital (+$179K) Critical &1 life-savinge equipment APPROPRIATED (3,132,565) . $4.2m Debt Service (+$118k) Vehicle &6 equipment debt payments FUND BALANCE FUND BALANCE & OTHER FINANCING Estimated FY26 Transfer to Parking FY26 START 11,072,165 = $113,907 Estimated FY26 Total Fund Balance FUND BALANCE = $12,362,795 Estimated FY26 Unassigned City Policy FY26 END 7,939,600 - $7,449,867 25.75% MAIN STREET MSD FUND - TAX RATE $0.21/$100 REVENUES Rate - $0.21/$100 (no change) REVENUES (697,400) EXPENDITURES EXPENDITURES 940,854 $611,320 Personnel & Benefits (+$146k) Salaries and! benefitsi increases DTV Worker Added (7596) OTHER FINANCING (88,434) $267,204 Operating (-$85K) $20,000 Capital (+$20k) FUND BALANCE $42,330 Debt Service (-$1.5k) APPROPRIATED (155,020) FUND BALANCE Budgeted Transfer from GF $88,434 FUND BALANCE Est. Transfer from GF $0 FY26 START 155,020 Est. Fund Bal.. Appropriation = $87,820 Est.E End of Year Fund Bal. - $67,200 FUND BALANCE FY26 END REGULAR: MEETING JUNE5, 2025 VOLUME 29 PAGE 418 7th AVE MSD FUND TAX RATE $0.21/$100 REVENUES Rate - $0.21/$100 (no change) REVENUES (131,750) EXPENDITURES EXPENDITURES 212,967 $171,757 Personnel & Benefits (+$43k) Salaries and benefitsi increases DTWorker Added (259) OTHER FINANCING (16,451) $41,210 Operating (-$625) $0 Capital (no change) FUND BALANCE $0 Debt Service (no change) APPROPRIATED (64,766) FUNDI BALANCE Budgeted Transfer from GF $16,451 Est. Transfer from GF $0 FUND BALANCE Est.F Fund Bal. Appropriation = $64,766 FY26 START 64,766 Est. End of Year Fund Bal. $1,616 FUND BALANCE FY26 END WATER & SEWER FUND - - - USER FEES + 8.5% REVENUES Water Sale Rev. +8.0% REVENUES (28,262,200) Sewer Charge Rev. +9.0% SDFS * 50% Effective Jull 1, 2025 EXPENDITURES 29,904,154 120% Inside/Outside Rate Diff. (-5.0%) OTHER FINANCING 514,940 EXPENDITURES $14.1m Personnel & Benefits (+$1.4m) FUND BALANCE $8.5m Operating (-$40k) $1.2m Pay-Go Capital (-$18K) APPROPRIATED (2,156,894) $6.1m Debt Service (+$774k) $417k Transfer for Vehicles & Equipment $100k Transfer to Capital Reserve Fund FUND BALANCE FUND BALANCE/BOND COVENANT FY26 START 10,757,658 FY25 Est. Bond Covenant (a)=1.47 (b)=1.09 FY26 Est. Bond Covenant (a)=1.46 (b)=1.18 FUND BALANCE Min (a)=1.00, Min (b)=1.00 FY26 END 8,600,764 PARKING FUND USER FEES No Change REVENUES Parking Fee Revenues No Change REVENUES (1,118,575) EXPENDITURES EXPENDITURES 1,371,224 $297,784 Personnel & Benefits (+$18k) $261,490 Operating (+50k) OTHER FINANCING (252,649) $0 Capital $811,950 Debt Service (+$4.5k) FUND BALANCE FUND BALANCE APPROPRIATED Budgeted Transfer from GF $252,649 Est. Transfer from GF $113,907 FUND BALANCE Est.F Fund Bal. Appropriation - $0 Est.E End ofYear Fund Bal.: $0 FY26 START No Fund Balance GF Supported FUND BALANCE FY26 END REGULAR MEETING JUNE 5, 2025 VOLUME 29 PAGE419 STORMWATER FUND - L - USER FEES $8.00/mo. REVENUES Rate = $8.00/Month/ERU (+$1.00) REVENUES (1,676,050) Cap: = $400.00/Month/ERU (+$50.00) +$225k user fee revenue EXPENDITURES 1,526,050 EXPENDITURES OTHER FINANCING 150,000 $1.OM Personnel & Benefits (+$129k) $370,833 Operating (+$17K) FUND BALANCE $0 Capital $75,885 Debt Service (-$6.2k) $150,000 Transfer to Capital Reserve APPROPRIATED FUND BALANCE FUND BALANCE No Fund Balance No General Fund Transfer (In) FY26 START Estimated Increase $109,824 FUND BALANCE FY26 END ENVIRONMENTAL SERVICES FUND L - - L - USER FEES $32.00/mo. REVENUES Rate +$7.00/month REVENUES (2,394,000) $30.00/32gal $32.00/96gal EXPENDITURES 2,394,000 EXPENDITURES OTHER FINANCING $1.5M Personnel & Benefits (+$279k) +3 Environmental: Service Workers $683,666 Operating (+$77k) FUND BALANCE $0 Capital $194k Debt Service (+$14k) APPROPRIATED FUNDI BALANCE FUND BALANCE NoF Fund Balance No General Fund Transfer (In) Estimated Increase $125,685 FY26 START FUND BALANCE FY26 END BUDGET IN TOTAL - - - - - - FY26 MAJOR FUNDS SUMMARY Water &: Sewer Environmentals Services FUND BALANCE 44.33% 34996 FUND EXPENDITURES REVENUES APPROPRI IATION Stormwater 2.44% Ceneral $ 31,326,611 $ 28194,046 $ 3,132.565 Parking Water8 &Sewer 30,421, 154 28,264,260 2156,894 2.00% Environmental Services 2,394,000 2,394,000 Main Street MSD Stormwater 1,676,050 1,676,050 1.37% Parking 1.371,224 1.371,224 7th Mains Street MSD 940,854 785,834 155,020 Avenue 0.31% MSD 7thAvenuen MSD 212,967 148,201 64,766 Stormwater CRF 150,000 150,000 Stormwater CRF Water &Sewer CRF 100,000 100,000 0.22% Cov. Special Revenue 31,000 31,000 Water S Sewer CRF SUB-T TOTAL $ 68,623,860 $ 63,083,615 $ 5540,245 0.15% TOTAL IN BALANCE $68,623,860 Genera al Gov. EEE 45.65% 0.0556 REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 420 THANK YOU COUNCIL & STAFF A Shimmy A Day Keeps the Budget At Bay The City Clerk confirmed this public hearing has been advertised in accordance with North Carolina General Statutes. The public hearing was opened at 6:16 p.m. In Person: Glenn Lange is a member oft the Hendersonville Tree Board and is speaking on behalf ofhimself and the Tree Board. The Tree Board is opposed to the payment in lieu of fee that is included in the budget proposal. We were also opposed to it at the time the Tree Ordinance was being approved by the Council. We are taking this opportunity to explain why this fee should be substantially increased to reflect the true landscape and environmental value of trees in the city. We hope you will allow the Tree. Board and City staff to come up with a more realistic payment in lieu fee calculation method that truly reflects the true value of trees. Via Zoom: Ken Fitch spoke regarding the budget in general and overall praised staff for a balanced budget, The public hearing was closed at 6:26 p.m. Council Member Jennifer Hensley said that she wanted to reiterate that this Council and Councils before us have continued investment in infrastructure and how it paid dividends, not just in our ability to get water and sewer back up to our manufacturing partners and industrial partners, but it really helped keep our local economy afloat because there were people coming into Henderson County to dine and grocery shop and I'mjust proud of us for making these investments. We have State partners that helped us with grant projects and amazing stafft that continue applying for grants and many ofour neighbors are not seeing a no tax increase this time and just by budgeting and being smart with how we. have been, and it paid off. I am just proud of us for being able to do that. City Council Member Lyndsey Simpson moved that City Council adopt an the Fiscal Year 2025- 2026. Budget Ordinance, Fiscal Kear 2025-2026 Water & Sewer Capital Reserve Fund Ordinance, Fiscal Year 2025-2026 Stormwater Capital Reserve Fund Ordinance, Fiscal Year 2025-2026 Resolution ofIntent to Follow the Capital Improvement. Plan and Schedule of Rates and Fees, Fiscal Year 0257026Aaere-Purhase Threshold Resolution, and Fiscal Year 2025-2026 Pay & Classification Schedule with technical correction as noted by the City Manager, increasing the 50% credit maximum amount to $400 to match the stormwater cap.. A unanimous vote of the Councilfollowed. Motion carried. Ordinance #O-25-29 BUDGET ORDINANCE AN ORDINANCE MAKING APPROPRIATIONS FOR CERTAIN EXPENSES, CAPITAL IMPROVEMENTS AND INDEBTEDNESS OF THE CITY OF HENDERSONVILLE, NORTH CAROLINA FOR THE FISCAL YEAR BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026 REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 421 WHEREAS, the City of Hendersonville is approaching the conclusion of its current fiscal year and will enter fiscalyear 2025-2026 (FY26) on July 1, 2025; and, WHEREAS, it is necessary and required that prior to entering a new fiscal year a budget must be passed and adopted for the operation of the city government; and, WHEREAS, the FY26 budget and budget message were submitted to the Hendersonville City Council by the budget officer, the City Manager, on May 20, 2025, as required by N.C.G.S. S 159-17(b); and, WHEREAS, a copy of the FY26 budget was filed with the Hendersonville City Clerk on May: 20, 2025, as required by N.C.G.S. S 159-12(a); and, WHEREAS, a duly advertised public hearing and a work session has been held wherein the public has been notified and invited to be present. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HENDERSONVILLE, NORTH CAROLINA: SECTION 1: That the following amounts are hereby appropriated for the following governmental and oroprietary funds for the fiscaly year beginning July 1, 2025, and ending June 30, 2026, with the estimated, budgeted revenues and other financing for each fund being as stated: GOVERNMENTAL FUNDS General Fund Budgeted Revenues 28,194,046) Ad Valorem Taxes (17,267,500) Other Taxes & Licenses (7,500) Unrestricted Intergovernmental (8,842,500) Restricted Intergovernmental (973,796) Sales & Services (352,600) Permits & Fees (642,150) Investment Earnings (102,000) Miscellaneous (6,000) Budgeted Expenditures 30,969,077 General Government 5,125,416 Community Development 936,675 Fire 7,071,033 Police 8,065,278 Public Works 5,554,812 Debt Service 4,215,863 Other Financing Sources)/Uses (2,775,031) Proceeds of Debt Sale of Capital Assets Transfers (In) Transfers Out 357,534 Fund Balance Appropriated (3,132,565) Sub-Total Revenues & Other Financing (31,326,611) Sub-Total Appropriations 31,326,611 SPECIAL REVENUE FUNDS Main Street MSD Fund Budgeted Revenues (697,400) Ad Valorem Taxes (316,850) Other Taxes & Licenses Unrestricted Intergovernmental (360,000) Restricted Intergovernmental Permits & Fees (2,500) Sales & Services Investment Earnings (100) Miscellaneous (17,950) Budgeted Expenditures 940,854 Downtown Program 898,524 REGULAR. MEETING JUNE5, 2025 VOLUME 29 PAGE 422 Debt Service 42,330 Other Financing Sources)/Uses (243,454) Transfers (In) (88,434) Fund Balance Appropriated (155,020) Sub-Total Revenues & Other Financing (940,854) Sub-Total Appropriations 940,854 Seventh Avenue MSD Fund Budgeted Revenues (131,750) Ad Valorem Taxes (54,650) Other Taxes & Licenses Unrestricted Intergovernmental (72,000) Restricted Intergovernmental Permits & Fees Sales & Services (5,000) Investment Earnings (100) Miscellaneous Budgeted Expenditures 212,967 Downtown Program 212,967 Other Financing Sources)/Uses (81,217) Transfers (In) (16,451) Fund Balance Appropriated (64,766) Sub-Total Revenues & Other Financing (212,967) Sub-Total Appropriations 212,967 Governmental Special Revenue Fund Budgeted Revenues Miscellaneous Budgeted Expenditures 31,000 Fire Historic Preservation 7,500 Police 19,500 Walk of Fame 4,000 Other Financing Sources)/Uses (31,000) Fund Balance Appropriated (31,000) Sub-Total Revenues & Other Financing (31,000) Sub-Total Appropriations 31,000 PROPRIETARY FUNDS Water & Sewer Fund Budgeted Revenues (28,262,200) Sales & Services (26,262,400) Permits & Fees (1,484,500) Water & Sewer Taps (367,300) Investment Earnings (97,000) Miscellaneous (51,000) Budgeted Expenditures 29,904,154 General Business 8,994,373 Water acilities 1,616,180 Water Treatment 2,797,330 Water Operations 1,103,576 Water Distribution 4,106,345 Wastewater Facilities Maintenance 517,299 Wastewater Treatment 2,157,858 Wastewater Operations Support 381,947 Wastewater Collection 2,084,693 Debt Service 6,144,553 Other Financing Sources/Uses (1,641,954) Insurance Proceeds (2,060) Transfers (In) REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 423 Transfers Out 517,000 Fund Balance Appropriated (2,156,894) Sub-Total Revenues & Other Financing (30,421,154) Sub-Total Appropriations 30,421,154 Parking Fund Budgeted Revenues (1,118,575) Sales & Services (1,065,000) Permits & Fees Investment Earnings (2,500) Miscellaneous (51,075) Budgeted Expenditures 1,371,224 Parking 559,274 Debt Service 811,950 Other Financing Sources)/Uses (252,649) Proceeds of Debt Transfers (In) (252,649) Transfers Out Fund Balance Appropriated Sub-Total Revenues & Other Financing (1,371,224) Sub-Total Appropriations 1,371,224 Stormwater Fund Budgeted Revenues (1,676,050) Sales & Services (1,675,000) Permits & Fees (1,000) Investment Earnings (50) Miscellaneous Budgeted Expenditures 1,526,050 Stormwater 1,450,165 Debt Service 75,885 Other Financing Sources)/Uses 150,000 Proceeds of Debt Transfers (In) Transfers Out 150,000 Fund Balance Appropriated Sub-Total Revenues & Other Financing (1,676,050) Sub-Total Appropriations 1,676,050 Environmental Services Fund Budgeted Revenues (2,394,000) Sales & Services (2,393,000) Permits & Fees Investment Earnings (300) Miscellaneous (700) Budgeted Expenditures 2,394,000 Sanitation 2,199,385 Debt Service 194,615 Other Financing Sources)/Uses Proceeds of Debt Transfers (In) Transfers Out Fund Balance Appropriated Sub-Total Revenues & Other Financing (2,394,000) Sub-Total Appropriations 2,394,000 CAPITAL RESERVE FUNDS Water & Sewer Capital Reserve Fund REGULAR: MEETING JUNE5, 2025 VOLUME 29 PAGE 424 Budgeted Revenues Budgeted Expenditures Other Financing Sources)/Uses Transfers (In) (100,000) Transfers Out 100,000 Sub-Total Revenues & Other Financing (100,000) Sub-Total Appropriations 100,000 Stormwater Capital Reserve Fund Budgeted Revenues Budgeted Expenditures Other Financing Sources)/Uses Transfers (In) (150,000) Transfers Out 150,000 Sub-Total Revenues & Other Financing (150,000) Sub-Total Appropriations 150,000 Total Revenues & Other Financing (68,623,860) Total Appropriations 68,623,860 SECTION 2: That the attached detailed budget document reflects the estimated revenues, revenue contributions, and budget appropriations oft the City of Hendersonville, North Carolina, fort the period beginning July 1, 2025, and ending June 30, 2026. A copy of the budget document shall be furnished toi the City Clerk, City Manager and Finance Officer to be kept on file by them for their direction in the disbursement of funds. SECTION 3: That the financial plan supporting the Internal Service Fund as required by N.C.G.S.S 159-13.1 is approved. The Financial Plan for the Internal Service Fund is incorporated herein by reference and shall be placed on file in the office oft the City Clerk. SECTION 4: That no appropriations for salaries shall be changed unless authorized by the Council.. Appropriations between departments, divisions, or projects within one fund, other than salaries, including contingency appropriations, may be transferred therein by the City Manager for the purpose ofe equalizations, when necessary, ifthe original total appropriated balance for the fundi is not changed.. Appropriations within a department, other than salaries, may be transferred by the department head to make equalizations when necessary. SECTION 5: That there is hereby levied a tax at the rate of fifty-two cents ($0.52) per one hundred dollars ($100.00) valuation of property. This rate is based on an estimated total valuation of property for the purpose of taxation of $3,377,651,661 and estimated collection rate of 98.00%. SECTION 6: That there is hereby levied a tax at the rate of twenty-one cents ($0.21) per one hundred dollars ($100.00) valuation of property, for the Main Street Municipal Service District formed upon a petition of some of the property owners, established for the purpose of infrastructure improvements: and special events in the district. This rate is based on an estimated total valuation of property for the purpose oft taxation of $152,785,704 and an estimated collection rate of 98.00%. SECTION 7: That there is hereby levied a tax at the rate oftwenty-one cents ($0.21) per one hundred dollars ($100.00) valuation of property, for the Seventh. Avenue Municipal Service District formed upon a petition of some ofthe property owners, established for the purpose of infrastructure improvements: and special events in the district. The rate is based on an estimated total valuation of property for the purpose oftaxation of $26,319,766 and an estimated collection rate of 98.00%. SECTION 8: That there is hereby adopted an official Fee Schedule listing specific fees, licenses, and utility rates charged by the City of Hendersonville for the use of City facilities and equipment for the purposes of making them available to public, specific utility rates the proceeds of which are for the maintenance and expansion of its utility systems, the reproduction of public records and other miscellaneous services to cover the actual cost of producing these documents and information under the provision of NCGS $132-6.2, and other various fees associated with REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 425 enhanced direct services provided by the City. The Fee Schedule is incorporated herein by reference and shall be placed on file in the office of the City Clerk. SECTION 9: That the City's Position Allocation to Salary Range which provides all jobs and associated pay bands be adopted as the official Pay and Classification Schedule ofthe City of Hendersonville. The Pay and Classification Schedule is incorporated by reference and shall be placed on file in the office oft the City Clerk. SECTION 10: This ordinance shall become effective on and after July 1, 2025. SECTION 11: That all ordinances and parts of ordinances in conflict herewith be and the same hereby repealed. Passed and adopted at the regular meeting ofthe City Council of the City of Hendersonville, North Carolina, held this 5th day of June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney B. Rezoning: Conditional Zoning District Pace Hendersonville (25-11-CZD) Matthew Manley AICP, Long. Range Planning Manager Matt Manley explained that the City of Hendersonville is in receipt of a Conditional Zoning District application from Jacob Glover of Pace Living, LLC for 201 Sugarloaf Rd (PIN 9579-56-1085) totaling 6.72 Acres located along an access: road (SR 1734) at the bend in Sugarloaf Rd. The site also borders Interstate 26. The property is currently split zoned with C-3, Highway Business, and CHMU, Commercial Highway Mixed Use. The subject property is the current site of The Cascades (hotel). Thej petitioner is requesting that the parcel be rezoned to Urban Residential CZD and the use converted to allow for 120 apartment units. Residential, multi-family' is not a permitted use in the C-3: zoning district. While it is permitted under CHMU, that zoning district has a maximum density of12 units / acre. Thej proposed 120 units would resulti in a density of 18 units per acre and Urban Residential Conditional Zoning District has no density cap. The development proposes to convert the two existing buildings on the site to 100 Studio units, 10 one-bedroom units, and 10 two-bedroom units. The existing parking on the site is also proposed to be maintained for the new use. Due to the sitel having existing buildings and parking lots, the developer is proposing a number of conditions granting relief from the design standards found in the Urban Residential Zoning District. If approved, the project would be limited to the stated uses, design and conditions stated on the site plan. The Planning Board voted unanimously to recommend approval of the Conditional Zoning at their meeting on. May 8, 2025. PACE HENDERSONVILLE (25-11-CZD) Conditional Rezoning City of Hendersonville City Council June 5, 2025 Community Development Planning Division Matthew Manley, AICP Long-Range Planning Manager REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE4 426 Location: Project Background 9579-56-1085 201 SugarloafRd (bend) ApplicmOwner 1 JacobGlover PacelunglcoN Hendersonvdlle HosbitliGnan Existing Zoningg C-3 /CHMU Proposed ZoningsUrban Residential Current Land Us SE Locgings Proposed Uses Residentiel Mu ty Fam 1200nits). ceages 6.72Acres Depsity 17.8UDits/Acre Future Land Use Designations Mikeduse Foployment Neighborhood Compatibility Meeting + Datés: March 7th,2025 NEIGHBORHOOD COMPATIBILITY MEETING 4 Attendees: OFFICIALN by7 The Cily NOTIFICATION ofHendersonville for: In-person - 2 CONDITIONAL + Online -2 REZONING + City Staff - 2 For Additional Inform nationCall: + Developer 1 (828) www.hende 697- 3010or Visit ublic-n notices-hearings + Topics Discussed: + Safety & Security Measures + Provision of a community garden + Improvement: to transportation + Affordable housing infrastructure. / access + Safe pedestrian access + Sustainable building practices + Amenities, public VS private. + Site drainage + Provision of a TIA + Preservation of existing vegetation + Property Management Site-Photos REGULAR MEETING JUNE5,2 2025 VOLUME 29 PAGE 427 GENERALS SITENOTES - - - - E M.PROJECTA ANDZ ZONINGI INFORMATION 55 E ATIACKES B I EaSLS SSEEP2NN PARKINGBE BEQUIREMENTS - "ataa - - E E - VI. PROJECT SQUAREDF FOOTAGEI E PAEPAIE 5 LOTAREA - SITEC COVERAGE A AREA Elevations IH Eg Tg TTE E E OMMKENE--E OMHLERE-E mmtIe - A - mp m PERTTTCTEE - a - a mE ETTEEE HETNNNEE OB TITTTTTTTTTE NS OB ) OWN EE O BADN REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 428 Proposed Conditions Developer Proposed Conditions: 1:5-25-5.8A Architectural Details The developer requests a) waiver for this section concerning architectural Details and the 35% réflectivity value requirement on the exterior walls for Thet following building elevations. Building #1,m main building Building #2,rear residential only building (annex) east elevation north elevation . east elevation * south elevation south elevation . west elevation 2.5-25-5.91 Building Walls The developer requests a waiver fort this section concerning' 'Long, Monotonous, uninterrupted walls' for the following building elevations. Building #I, main building Building #2, rear residential only building (annex) east elevation north elevation south elevation south elevation easte elevation . west elevation 3.5 5-25-5.10 Building Entrances The developer requests waiver for this section concerning building Entrances for the following building: Building #2, rear residential only building 4.5-25-5.12b Building Scale The developer requests a waiver for this section concerning building scale for the following building elevations: Building #1, main building Building #2, rear residential only building (annex) east elevation . north elevation - south elevation south elevation west elevation east elevation west elevation Developer Proposed Conditions: 1) 5-25-5.13 Internal Access and Connectivity The developer requests a waiver for this section. Current existing layout of the site does not comply. 2) 5-25-5.15 Pedestrian Zone and Sidewalks The developer agrees to pay fee in lieu of the required 7'-0" sidewalk in accordance with section 6-12-3 and section 5-25-5.15 of the Zoning code. [Staff is agreeableto this condition] Planning Board Proposed Condition: I) TIA to be deferred until after the rezoning but before the final site plan approval [Staffi is agreeable toi this condition] - - CITYOFH HENDERSONVILLE 201 SUGARLOAFF RD- -PIN: 9579-56-1085 USE MIXED USE 5 1) Comprehensive 2015C COMPREMENSIVE PLANIF FUTUREL LANDU USEP PLAN EMPLOYMENT Plan Consistency: Future Land Use 4 + MU-E : * PIS SUGARL OAF RD Ug coN ROAD C35 CHACRER ED + Institutional + Mult-Generational MIXED USE EMPLOYMENT INSTITUTIONAL E MIXEDU USE COMMERCIAL TJ Ciy eve de OPEN SPACE Aprsast RECREATION 200 REGULAR! MEETING JUNE 5, 2025 VOLUME 29 PAGE 429 Land Supply Map - The subject property is not located on the Land Supply Map. Land Suitability - The subject property was not evaluated in LANDSUPPLY, the Suitability Assessment. SUITABILITY: & Development Intensity The subject property is. located. in an area designated as "Moderate" for Development INTENSITY Intensity. Focused Intensity Nodes The subject property is located between: two Focused Intensity Nodes. Focus Area The subject property is not located in or near one of the 5 Focus Areas. FUTURE LAND USE & Character Areal Designation: Mixed Use Employment CONSERVATION MAP Character Area Description: Somewhat Consistent Zoning Crosswalk: Consistent IL CITY OF HENDERSONVILLE PGD-CZD 201 SUGARLOAF RD- PIN: 9579-56-1085 CURERGFS - USE Current Land EXISTING ZONING- EKISTINGL LANDU USE NN Use & Zoning C3-CZD C3 M PCD +C-3 +CHMU C3 + PCD * 2015 PIN: SUGARLOAFR RO BUGARL OAF ROAP 3 O 62HACRES C3 - CHMU C3 - C2 VACAN NT C3 - Civy Apra203s R-15 The subject property is zoned C-3 and CHMU. The site features two existing buildings that have been The Cascades Mountain EXISTING CONDITIONS Resort. They are proposed to be reused. Adjacent land uses to the north include lodging and self-storage. To the east, land uses include whole, storage and restaurant. The proposed multi- family use is compatible with the surrounding land uses. Vibrant Neighborhoods: [Consistent) Abundant Housing Choices: [Consistent RELEVANT GEN H Healthy and Accessible Natural Environment: [Consistent] GOALS Authentic Community Character: [Somewhat Consistent] Safe Streets and Trails: [inconsistent) Reliable & Accessible Utility Services: [Consistent) Mix of Uses: [Consistent] Compact Development: [Consistent] GEN H GUIDING Sense of Place: [Inconsistent Conserved &I Integrated Open Spaces: [Consistent) PRINCIPLES Desirable & Affordable Housing: [Consistent] Connectivity: [Inconsistent) Efficient & Accessible Infrastructure: [Consistent] REGULAR MEETING JUNE5,2 2025 VOLUME 29 PAGE 430 DESIGN GUIDELINES ASSESSMENT N/A Not located in the Downtown Character Area (Chapter V) The area continues to face a housing shortage. The City's recent Housing Needs Assessment found that 10,000 dwelling units are needed in 3) CHANGED Henderson County over the next 5 years and that new construction is not CONDITIONS keeping pace with household growth (p.20-21). Additionally, there have been a number of recent code violations at the subject property. 4) PUBLIC The proposed redevelopment would reimagine and reuse an underutilized, INTEREST property. Conversion of this property would provide needed housing and/ address ongoing code violations. Thes subject property will continue to be served by City of Hendersonville 5) PUBLIC services. Sugarloaf Rdi is NCDOT-maintained: and designated as a Minor FACILITIES Thoroughfare "Needing Improvement". The site is just over % mile (5-6 minute walk) from the intersection of Chimney Rock Rd (US64). 6) EFFECT ON Noi impact on existing vegetation or pervious surfaces is proposed. The, NATURAL renovation of the existing building will trigger compliance with current ENVIRONMENT landscaping standards. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 431 PLANNING BOARD: Comprehensive Plan Consistency Statement 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 requested rezoning to Urban Residential Conditional Zoning District and the associated proposed redevelopment align with the Gen H 2045 Comprehensive Plan Future Land Use & Conservation Map and the Character Area Description for Mixed Use Employment PLANNING BOARD: Reasonableness Statement We find this petition to be reasonable and in the public interest based on the information from the staff analysis and the public hearing, and bécaysé: [Rationale for Approval] The proposed redevelopment would reuse and restore an underutilized property located in close proximity. to a major commercial corridor. The proposed conversion of the subject property would provide needed housing units The proposed renovation of the subject property would result in improved landscaping DRAFT: Reasonableness Statement We do not find this petition to be reasonable and in the public interest based on the information from the staff analysis and the public hearing, and because: [Rationale for Denial] The proposed development would have negative impact on the transportation network The proposed development is incompatible with the surrounding land, uses Jacob Glover, the Director of Operations for Pace Living, introduced himself and said that he believes this project fits the mold for the affordable housing that is needed in Henderson County. Although REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 432 these units are smaller, you're still going to have a community and a safe place to live. We will take the existing structure and add onto it and make it nice, make it affordable and make it safe. We will have a property management group that will run things and we're able to create a high quality but affordable structure. The City Clerk confirmed this public hearing has been advertised in accordance with North Carolina General Statutes. The public hearing was opened at 6:58 p.m. Via Zoom: Ken Fitch spoke and said that occupancy is an issue and how do you as a city handle something like this. The public hearing was closed at 7:00 p.m. Council Member Hensley spoke and said that she does not like this model and do not think it's compatible in the location that it is and I have very serious concerns that people will fall under a predatory situation where they're trying to cramp a bunch of children or small families into smaller units. I have very serious concerns about condensed living spaces like this along a highway corridor with crime and trafficking so I am not going to support this. City Council Member Lyndsey Simpson moved City Council deny an ordinance amending the official zoning map ofthe City of Hendersonville changing the zoning designation of the subject property (PINS: 9579-56-1085from C-3 (Highway Business Zoning District) & CHMU (Commercial Highway Mixed Use) to UR-CZD (Urban Residential - Conditional Zoning District based on the following: 1. The petition is found to be consistent with the City of Hendersonville Gen H Comprehensive Plan, based on the informationfrom the staff analysis and the public hearing, and because: The requested rezoning to Urban Residential Conditional Zoning District and the associated proposed redevelopment align with the Gen H Comprehensive. Plan Future Land Use & Conservation Map and the Character. Area Description for Mixed Use Employment. 3 2. We do not find this petition to be reasonable and in the public interest based on the information from the staff analysis, public hearing and because: 1. The proposed redevelopment would have a negative impact on the transportation network. There are safety concerns regarding connectivity infrastructure that make this proposed redevelopment unreasonable, for this location. Densityofliving units in this location is not appropriate given the level of infrastructure. in place. A unanimous vote oft the Council followed. Motion carried. C. Zoning Text Amendment: Reforms for Missing Middle Housing PRD (25-01-ZTA) - Matthew Manley AICP, Long Range Planning Manager Matt Manley explained that the City ofHendersonville has initiated an amendment to the City's Zoning Ordinance to make changes that would allow for the greater utilization ofland for missing middle housing and walkable, interconnected neighborhoods. These proposed changes are part ofa series of zoning reforms that aim to address a range of issues that will relax density/dimensional standards to increase housing while increasing site design and transportation standards in order to ensure quality outcomes. These proposed changes include reductions in dimensional standards, improving clarity with new and revised definitions, and incorporation of new permitted uses. Revisions specifically overhauling the Planned Residential Development Conditional Zoning District (PRD) and Minor PRD are designed to tailor the district to new mixed housing type neighborhoods and infill development, allowing duplexes, triplexes and quadplexes in addition to single-family detached homes and townhomes. This type of development is in contrast to large apartment developments that have previously utilized PRD. These changes also translate to greater flexibility for minor PRDs. The use of Minor PRD for infill in existing neighborhoods will be REGULAR MEETING JUNE5,2 2025 VOLUME 29 PAGE 433 complimented by the recently adopted provision to allow units that are under 1,200 Sq FT to count as. .5 units in density calculations - creating naturally affordable housing options by removing disincentivizes that restrict the construction of smaller sized units. Thej proposed text amendment was unanimously recommended for approval by the Planning Board at their May 8, 2025, meeting. - REFORMS FOR MISSING MIDDLE HOUSING (25-01-ZTA) Zoning Text Amendment City Council Meeting June 5th, 2025 Community Development Planning Division Matthew Manley Long-Range Planning Manager Project Name: Reforms for Housing (25-01-ZTA) Applicant/Owner: Cityo ofHendersonville + Artides Amended: Zoning Ordinance ArticleV ArticleV ArticleVI ArticleVIII ArticleXII Project Article) XVI Zoning Districts Impacted: Background R4ORZORSRIOR6 C-2/C-3/C-4/-1 MIC Future Land Use Designations: t Rural Residential Family Neighborhoodlwing Multi- Generationalliving * "Housing Affordability" + 30% of Income or Less - BE "Attainable Housing"/ / Dedicated affordable Naturally occurring "Workforce housing: arei income-resticdunisth: affordablel housing (NOAH) Housing" arec createdt throughp publica assistancec or affordable market- basedp programs. levels, + Market Rate / 80%-120% AMI affordabilityr requirements. + Housing Type Needs: Pogpactiehomhuyers needto make at least SiCiaffrallemdan home for salei in + "Starter Home" Hendersorille' 1 + "Empty-Nester"I Home DF/Analysis + Missing Middle Housing REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 434 Project Background 2 Catégories "Low-hanging Fruit" E RPFLs/Small Lots Dimensional Standards Permitted Uses + Definitions + "High-hanging Fruit?" + ADU + Density + PRD (+Minor PRD) + Multi-Family + Corridors + Trail-Oriented Development Espalier Sec. 5-14. PRD Planned Residential Development Conditional: Zoning District Classification. Proposed 5-14-2.F Permissible usess subject tor rezoningt toa PlannedR Residentiall Development Conditionalz Zoning District. Amendments AE buildingo or lands shall be used only for those purposes specifiedi in ther rezoning for the project which may include one orr more oft the following: Accessorys structures --X maricetisinistal 16-.below ETT - Adulto cared centersregisteredw with the NCD Departmento ofHealth and Humans Services (DHSS) 3 - Adult care homes : Camps Childo careo centers: subjectt tos supplementarys standards containedi section 16-4, below Childcareh homes Congregate caref facilities, subject to: supp ntarys star ds con ed in section 16-4, below Customary accessory uses Colfcourses Colldeivingn aR Homec occupations Neirhbs borhood-oriented: Personals services consistent witht then purposesofthisd aiatoschmae andbeavtys hops. medicalandd dentall labs and linics opticiansa ENN Re 4 grthopedics RaaistsEaiw storesc consitentwithther purposess ofthisd dasification.s sucha asriftshons. Residential dwellings, single-family florits shoosa andpharmacies Nursingh homes, subjectt supplemer ntary standardse containedin section1 16-4, below Residentiald dwellings,t two-family Officesl located, designed, andp proposedt tol ec eperated:RAsiabe: compatibley with thep particular Residentiald dwellings three-family neigborhoodinwhiht they aretobel located Residentiald dwellings. four-family Parks lan EbatuorstARSr: --N Sec. 5-14. PRDI Planned Residential Development Conditional Zoning District Classification. Proposed Amendments 5-14-3. Siter requirements. Plannedr residential development conditional zoning districts shall have the following site anddensity requirements: a) Thet totalland ares ofthes district chall st thre ee cessandtesshoul bel loratedinoneofthef following FuturelandUsed MMANSAINAMAcwE.NESENa Residential. Family Neiphborhood! Living. MwlideneatiomallwnE b) Accesst to the plannede residen atial developme ent ha I be bymeansofal boul eva ard lorthorowphiareimajors orminor) designated ass suchinthes comprehensivet transportationg plan-Aliternatively access maybep providedb bymeansof streets-othert ----.- -------- anys suchstreet Basastssdiathas, residentiald developmento conditionalz zoningd i-EEN Thef followingn recommended maximum densitiesa arebaseds ont the Futurelandu Use desipnations ofthesite: Rural Residential=2 units speracre .Family Neighborhoodi IMvingr6unitsperace . Multi- Generationall Living=10unitso peracre REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 435 Sec. 5-14.1 PRD Planned Residential Development Conditional: Zoning District Classification. Proposed Amendments 514 4.1 Density. Thed deneity fora planned residential development- chall be establiched by city.council in consideration efthe comprehensive plan surrounding land uses and the existence ofa adequates private and publie facilities 6 including without limitation, water "aawatasolid -7 parke-te serve the development Ualess planaed ay--g qualifies fora-density bonue as provided n subsection 54 14 6, below the dencity authorised for the disteict chall-aot esceed Hten-uaite 3 pera acre. 4 5-14 5.1 Density bonus A-density bonus eF and abe ve the * sima um density apecified in subsection- 5144 abover maybe approved y city council-e only upon determining that the proposed planned cesidential development emplies with the general coneideratione listedi subsection-s - 4S-pravisiensa aadada Asticle as well as the following- .tww à Thep property onv which thed devalopmenti proposeda to-bes situateda alaisadiadie-e, prosimity e within350 faate boulavard thoroughfare designated ascuch in thes compreh Fanep tie plan; Vahicular ccess for suchd developmente chall bel ed ne boule de ne ough hfare nated as uch in-the comprehe en nsive samportationplan Thes carrying capacity ofthesoadway shall bea adequates to4 hand traffic with the leu lopme at wta hout reducing thel level SeFV V ices srade of such soaduay * The lew velog pment prope be loca at ed within ae os nal b alking ieta an of plae ce of employment andlor hopping facilities nd hall R eF ter de cce ess ue c facilities 4 The deve hall de pen oF the te chall ot pele less thant thes reater fthe eu 6 ne percent the land the deve les ent for ac h dwel d ni er acre roposed. his e ing Sec. 5-14. PRD Planned Residential Development Conditional Zoning District Classification. Proposed Amendments 5-14-64. Development standards. Unless noted otherwise, the following development standards shall apply to all planned residential developments, whether major or minor. In addition, planned residential developments shall meet: all applicable standards contained in article VI, below 5-14-64.1. Opens spaceandf footprintr requirements. Planned residential developments: shall haveamaximum footprinto of204 40p percento ofthes site and: shall have, asaminimum, 60 40 percent ofthes site as opens space. Ina addition, planned: residentiald developmentss shalln meet the common opens space requirements ofsection 6-16. 5-14-64.2.1 DimeiomalSiandari: Setbacks. Alldwellingsand their accescorys structures ailethasdkatw than 40feetfrom theneareste right-ofway-line forany-strestors railroada adjpiningithes siter provided, however such setbackmays bereducedtotent feetu wheng utingiidisdas sideorseare afeistandasmads from iew from publiesi righis-ofway Furthermore, such SaikingramdNENs4 shall besetb backenotlesed than 304 feet froma anyesterior propargylinewhica issstarightofssy Theplanningh boardg pECitys council, asthecacea may-be, shall: requirer reservations ofrights-ofway,: asv wella asi increased setbacks, for roadsi identified int the comprehensivet transportationg plan, including existingr roads tob bev widened as well as corridors ofn new roads. Alldwellingea andu their accescory structure shallbek located-atk least ten feetf from the edge ofihepasingfora any strestor drive andatleast five feet from-t hadgeoflegavinge fora any tppe parking- Carporte challbe situated at least ten feet from the edgeofa thes paving for anys street oF drive andmsy bephyeicallys connestedtothe principale structure which they serve In addition dwellingeanda accessory structures abuttingasiresti intended toserve more than 32 dwelling unite OF intended te e dedicated public street must be-set backa aminimum of3 354 feet from-the center ine of such treet The approved setback liness chall e hown ont theplan-of development and on any recorded subdi ion plat a addition- the foregoing setbacke requiremente a pacing be 41 dinge chall bes provided aef partheNC Statel Building Code Ve UR 7 Sec. 5-14. PRD Planned Residential Development Conditional: Zoning District Classification. Proposed Amendments Minimum Jota area ins square feet: 0 Minimum lot width atbuilding line inf feet: None Misismairsuitmail for Principal Front:40, reduced to 0 when parking is Structuresinf feet: situated to the eide-or rear of the lot and screened from view from public right of way, provided.1 however. tTomtciEEAEE shall barethckAminimum of45feet. Side:0. Ifprovided. setbacks shallbea minimumof5with: exception ofcornerlots MAeresetbackhallb be 7.5f fromsidestreet right-of-way Rear:20 Maximum heightinf feet: 35 Minimum.yardi requirements for Accessory Front:Located to rideerrarafpincisil Structure inf feet: structure Side:Owith exception ofcornerlotiwhers setbackshall be 7.5f froms side streetright-of. way Rear 0 REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 436 Sec. 5-14. PRD Planned Residential Development Conditional Zoning District Classification. Proposed Amendments 5-14-64.3: Subdivision ofp planned residential developments.1 Planned: residential development projects may be subdivided providedt thata arrangements for such subdivision are: made att thet time ofthes planned: residential development application. Zerel lot1 lines maybepmitadons onee OF morel Hotli linese ofeach-leti in accordance withtheses standarde: Anys walle constructedond the-let linechalls beasolid, windowless wall Tftherei is-an offeet ofthewall fromt thelet line the offetmuetb bea at least-six feet. b) Afive foot maintenance easementa and ximu m eave enc eachment ef32 inches within- thes maintenance easements challbee establishedi in the deeds restrictions ande covenants ofthe adjoining lot Thie-willp provide-ready access-to thel let line wall ate a6 se onable periode oft the day for normal maintenance. Sec. 5-14. PRD Planned Residential Development Conditional Zoning District Classification. Proposed Amendments 5-14-64.4. Circulation and access. Internal streets, drives and parking areas shall provide safe and convenient access to dwelling units and recreation facilities, and for service and emergency vehicles Streets shall notbedesigned: toencour ge outside traffie tot ra the plan ed Fes tial dev ment onlocal streets. Sidewalkss shallber requireda along streetsadjacent tothe planned residential development Sidewalks shallf forma alogicalsafe, ande convenientsystem forpedestriana accesst toa alle dwellingunits and appropriate project facilities ands chall be requireda along suchstirests,davesande parkingareas within thes planned residential developm ne ent as necessary toa accomplish this. Pedesteiaa/bicyele pathways-may besubstituted fors sidewalks,ifa appropriate Streetsi intendeds toserver more than 324 dwelling unitsa aswell as those inter ded to be dedica d as public streets shall meet thed designande constructions standardsofthe NCDOTAllothers streets and drives need not com nply wwith NCDOTS4 pavement width andr road aghtokwoysandards but they chall comply withi its pave mer nts e requin eR A 5 Alle dead- end streets andd drivess shallterminate ina cul-de-sae oF other adequater meanse ofreversing vehicular dire ection shallbethe responsibilityo oft thed developert tos submit tothe directorofs public wworks core samplest taken bya alicensed testingfiem demonstratingt that completeds streets-ordrives- meets such pavements structure require ements. Internals streets with ni A setbac ks measuringless- than 35 feet from genter line ha all be rivat e streets anda arenot acceptablef fore dedication to,or maintenancel by, the ciy-Developments4 conta Air 6 such prival te internal streets with-setbacks meas asuring lesst than-3 35 feet from centerlines shall-have-t thef followingd disclaimer A lare e placed- ina prominent position-on thef followinga applicable doc U AR nts forthe developme ent including the site plan, the plat the cove enants, the condominium documents, anda any contracts usedint thes sale of properties Some oF all oft the tre ee at A4 d/or driv es in this devele do4 ot fort the Citye of Hendersonw ville You re notifi ed thatt these nd net pt them for m - 5-14-64.4. Circulation and: access. Internals streets, drives and parkinga areas shallg provide safe andc convenient access tod dwellingu units andr recreationf facilities, andf fors servicea and emergencys vehicles. Cortiiinarmlefa: intemalstrestisvstema "TINT Planned Residential Development Conditionalz Zoning development: shallb beco constructed. i. Thesites ukaIemdtAmmwis ofintemals streets builta accordingtocitvs standards. Intemnalstreets shouldreektoatoide cul-de-sacsand dead-endn roadsa T However. roadsmayt EPINEAEGEEENT: FTESHrEGEEIERIRIcAI Insuchcasesas sidevalkorother connections shallb beprosidedtoensuret thes goalrofcomertitin. I. Intemals streetsshallh lhavesidewalksa andstreettrees. ii. Ifabusl lines serves. AsisasasNesaisI Iargerproiectimay requiren mores shelters as determinedb byatraffici impactanalysis. 95 7 4 iv. Alleysproridinga access tot therearoflotsa aree encouraged. Poblicallevysshall: meetthes specificationsof relevantC Citys standards. Whereir tEEN Driving-only transportation; pattern usedasalleys.int whichs ETTTT conjunctionwitht thes TETET setbacks. One-waya alleysshall EETECE wide. V. TETTEEAEEENT anddriveswheref feribleandpnctical, vi. Allnewd amNIANEAMIMANNT units stsiiesmsastiass onestub-outtoe extendandconnect: streetsa anddrives withfutures streets and drivesona adiacentp property.In FTTTTT withstub-outsp present.t thedevelopers hallcomnecttothe TTETTT threeormorep pointsof accesstotheexiting: FEEREETaMeE maybewaived. vii. Reidmtialdessiopmetiz conhining100srmered dwellingmniterhall, providerequired street connections mimbatantacfen stub-outper1 100dwellingu unitstoe extend lande connects streetsa anddriveswith futures streets anddrives ona adiacentp property. Inthee eventa adjacent landisalready developed withstub- outspresent.t thed developer shall connecttothee existing stub-outf). Walkable connected transporation network REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 437 Proposed Amendments -------- may exceedss feetin heightonly upont --w exemption t the city e ouncil Upon swaadae grantaheighe limitatione exemption upon findingthat: Suchk building wille not block unlight om djacent property et ween the hours of 10:00a and 2:00p pm-from-the months of October Ist toA May-let. Such building sadequately designeda ands servedfrom thes standpoint ofs afety and the city fire chief certiflesthatthe fires afetye equipme ent o bei installedisa adequately designedand that the buildingise sressonably allgadhaaistente thef fire stationsa ande equip RaiRe offer adequate Pre te fe and ase chall the building ed 50 feet height. Thes ide and earyard OF KSASEE 354 eet eight al be reased 4y4 ne foott for each onefootin "aN 5-14-6.6 Buffering seree 6 and land decaping The pplica shall pre and4 plar At ce ructa and makes satisfactony arrangements fort thep Fe ervati e ofal buffer nd/or etbacks to protect adjoining - operties from theimpactsof thes proposed pF nt Parking nd reasa ndd dump 6 be ed from by adjacent single-f family sidences Exist AE vegetations shallbe ed e poscil the de loper chall provide an appropriate landscapines plar withi in e project. $-14 6.7 off treet parking- Off-streetp parking requir for tss chall beas follow VE f ones space perre ait ne ec half spaces per residen atial unit containing threeo ped Sne garages the e At Al parking sp paces challbe Hocated- wi Proposed Amendments 5-14-64.85. Maintenance of common facilities. The developer, project owner, oray properly established homeowners association shall providef for the continuing maintenance ofc common open space, recreational facilities, sidewalks, parking, private streets ando other privately owned but common facilities servingt the project 5-14-4.6. Sitel Design. 1 Itispreferredt thatp primary façades facet thea adiacents streetorc commons space. Amaine entrance shallf facea EEAETNY pedestrianc connectiont tothes street. Wheret themaine entrancedoes notfacet thea adjacent street. buildingss should nonetheless be designedt top provide an attractives streetside façade. ii Buildings shall be situated withr regard topedestrian andv vehicular connectivity.) Itisp preferredt thattheyb be locatedc closet tot thepedestrian: streety with offstreetp tparking! behinda and/or besidet the building. Important mountain vistas and/orviews sofsignificanth historics sites shall beprotected: and laccentuatedt tot thes extent practicable. iti. Front-facing garagess should berecessedf fromt thef front façadeo oft thel house and visually designedt tot forma secondary building volume. Developers aree encouraged tot tum garages andc carports sot thes openingsor doorsa aren notvisiblef fromt thes street. 5-14-75.1 Minor plannedr residential developments. Proposed An applicant may elect to have developmentp processed s: minor planned residential development developmeat, including - Amendments sole E units. VECNESLS anyresidentinl MEECE dintrict longasne may bes developmentn dexelopmenti E minor plaanedr eneor more of thef district R-40, R-20, R-15, R-10, C-2, C-3, following zoning classifications: CE - * 5-14-75.11 Density. - maximum aumber of dwelling units which may be constructedi in a: minor plannedr residential DE shallb be 50 or number computed gn.he.basis.sfu the following table, whichev ver is less. Use District Dwelling Units PerAere R-40 10-2.0 R-20 2.53.0 R-15 3.754.0 R-10 5.5 R-6 S.5 MIC 5585 RCT S535 C-4 5 C-2 10.0 C-3 10.0 1 Bs 5-14-1521 Developments tan ndards forr mino or planned, residentiald developments. Excepta aso otherwiser aoted herein, minory plannedn residentiald developments: shallb be governed by the developments standards for planned: residential develepmeat: coatainedi ins subsections S-14-65, above. 5-14-353F Proceduresf forn reriewing. Unlike other plannedd developments whicht undergor rezoning: toa conditional zoningd district, minor planned: Gresidentiald develepmentsu undergos sitep planr review pursuantt ection 7-3. REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 438 Proposed Amendments: PCD I 5-15-2. Permissible uses. Residentiale dwellings MuLEamily 51546 DensityThed - plonned Fas-part efa-PCD-Planned Cemmercial PevsiepmenicemdNiens Zoninge distriets shall bee ssihetwaywalw ine consideration of thee comprehensive plans surrounding landu uses and the existence ofa adequatep private-and publief facilities ineluding without limita tieny water wastewater,selld wasesermwste-resds endp parks, teservet eesipmestApiwasA commereiale develepment may qualify fora-density benusint the-mamnerspesiRedn subsectiens S1454he-0iherwiew the densitya autherized for thee distriet shall nete exeeed ten units peraerer PID I 5-21-2- Permissible uses. esensideligrNs family Sec. 4-5. Classification ofu uses Proposed Amendments: USE € 8 3 2 I E 3 I I I a 5 Phase 1 + 2 Accessory dwellingu units SS SS Ss SS SS SS SS SS SS Adaptiver reuse Golfc courses Golfd drivingr ranges, par 3golf SU Plannedre residentiald development (minor) Ss SS SS SS SS SS - Residentiald dwellings, single-family Residentialc dwellings, mult-family Residential dwellngs,two-famly Residentiald dwellisthrefamly Residentlaléwellines four-family tsiaN multi-family Personals services S Retailstores Restaurants U U Proposed Amendments: SUBDIVISION ORDINANCE Section 4.03. B. 2. a. ii. ii. Private streets shall not be constructed as part of development within the city's corporate limits.with.the. EEEA bes considered drivesandn notsuhiecttopublic streetstandards. REGULAR! MEETING JUNE5,2025 VOLUME 29 PAGE 439 Zoning Districts Distribution R-40,1 1.1%. GHMU,1.1% UR, 1.7%. Districts Impacted CMU,1.7%. ALL % Land Area: HMU,1 1.7%. Others, 5.8% R-40 = 1.1% C-2,3.1%. R-20 - 14.1% R-10,3.2% R-15 - 35% R-15,35.4% PCD,3.49 R-10 - 3.2% R-6,3.996 R-6 - 3.9% H-1,5.3% Total = 57.7% of City + ETJ Land Area PRD,8.7% R-20, 14.1% C-3, 9.8% Relationship to Gen H Comp Plan Rural tial Far Neighborh hood Uving. 15% Innovation,: 2% Production. % Open Space tutional, 4% Recreation, 3% Open Conservation Space Mixed Use Restrictive, 616 Commercial 8% Mixodu Use Opens Space Employments 5 Conservation,n nse Neighborhood nd Use& Consen tion Map (DRAFD) 4.500 Center. 1% Multi- Living. Cenerational 23% es RR + FNL + MGL = 55% 1 RURAL RÉSIDENTIAL LIVING FAMIV/NEÇHBORHOOD MULT-GENERATIONAL LIVING (RR) LIVING (FNL) (MGL) Characterized byl low-density Thisa areai is characterized by This area is characterized! by mixed residential development, thisa area is moderate-density residential residential development and a comprisedo ofs single-family detached development. Iti is comprised of limited amount of small scaled homes on al lot size ofc one acre single-family detached homes on lots neighborhood- -serving commercial. or greater. Conservation design, typically ranging from 1/3a acret to 18 Itisc comprised ofav variety of homes, which includes more open space in acre. Improved open: spacesi int the mixing detached and attached (e.g. exchange for smaller minimum lot form of pocket and neighborhood townhomes and duplexes) units with sizes, may bea a preferred approach to parks are interspersed, andg greenway a lesser amount ofr multi-family units. : a residential development, especially trails within arel located to connect The combination of housing types are ifhigher gross densities can be such parks as wella as providel links to intended to createi intergenerational achieved. Golf course communities trails and walkwaysi in neighboring neighborhoods. Improved open E cana also be foundi int these areas. development. Conservation design, spaces int the form of greens, pocket which includes more open: space in parks, andr neighborhood parks,aré exchangef for smaller minimum lot interspersed. sizes, may be a preferred approach to Lots sizes ares similar- to-those.in residential development especially FNL, butwithi increased densities ifh higher gross densities can be / REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 440 Supply:7 The Land Supply Map shows an abundance of LAND SUPPLY, "Underdeveloped" landi int the City's zoning jurisdiction. SUITABILITY & Suitability:Land Suitability Maps show that a. majority.oft the land supply INTENSITY is most suitable' for Residential development. Intensity: The proposal aligns with the development pattern of Option 2in Figure 4.9. Alternative Growth Map Designation: Rural Residential, Family Neighborhood Living, Multi- FUTURE LAND USE & Generational Living CONSERVATION MAP Character Areal Description:: Somewhat Consistent Zoning Crosswalk: Consistent Focus Areal Map: N/A COMMITTEE RECOMMENDATION The Planning Board reviewed this item on multiple occasions and provided a recommendation for approval 5.8.2025 The proposed text amendment is not incompatible EXISTING with the existing development pattern in the city. The CONDITIONS proposal allows for "gentle density" and some allowances for small-scale multi-family housing alongside traditional single-family homes. Vibrant Neighborhoods: [Consistent] Abundant Housing Choices: [Consistent) Healthy and Accessible Natural Environment: [Consistent) RELEVANT GEN H Authentic Community Character: [Consistent Safe Streets and Trails: [Consistent GOALS Satisfying Work Opportunities: [Consistent) Welcoming & Inclusive Community: [Consistent) Accessible & Available Community Services: N/A Resilient Community: [Consistent] Mix of Uses: [Consistent] Compact Development: [Consistent) GEN H GUIDING Sense of Place: [Consistent] Conserved & Integrated Open Spaces: [Consistent] PRINCIPLES Desirable &A Affordable Housing: [Consistent] Connectivity: [Consistent] Efficient8 & Accessible Infrastructure: [Consistent] Relationship to Gen H Comp Plan "Guiding Principles" COMPACT DEVELOPMENT MISSING MIDDLE HOUSING DESIRABLE AND AFFORDABLE Alongy with the mix ofland "Missing middle" housing refers HOUSING uses, thei intensity of to small-t to medium-sized The preferences for different types development ina a community homes that are available at of housing vary depending on the can have a significant impact various price points and are localitywithin the community, and oni its abilityt to provide compatible in scale arei influenced by factors such as affordablel housing options, and character with the income, age, household size, and reduce traffic congestion, surrounding neighborhood. available financing. Single-family make efficient use of These homes can be built as homes on large lots ares simply one of infrastructure, deliver services, part ofi infill development many products demanded in today's andg generally create livable projects or used to transition market. Housing diversity can address! communities. between land uses and housing prices and differences in Building upy with taller densities in a new activity lifestyles. It is accomplished first buildings in the appropriate center. Examples of missing byr recognizing the varying needs places is one way to middle housing include: and preferences of the existing and accommodate more uses in duplexes, triplexes, future population, and finding wayis fewer locations quadplexes, courtyard tof facilitate the expansion oft the apartments, live-work units, housing supply (types and quantity) cottage courtyards, to satisfy current and anticipated townhomes, and small-scale demand. apartments. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 441 Public Realm - [Consistent DESIGN GUIDELINES ASSESSMENT Site Design - [Consistent (Chapter V) Building Design = [Consistent The primary changed condition relates to the persistent lack of housing availability in Hendersonville: and throughout the region. In particular, "starter homes" / 3) CHANGED "attainable housing" / "naturally-occurring: affordable housing" supply are lacking CONDITIONS andr needed to accommodate the city's workforce and next generation of city residents. The proposed amendment would allow for a compatible infill development witha 4) PUBLIC mix of housing types and increased" "gentle density" ofr market-rate naturally- occurring affordable housing. Some provisions for interconnectivity. and parking INTEREST placed tot the rear encourages a development patterns that lends itself to creating more walkable neighborhoods: across the City. The proposed text amendment would allow for greater utilization 5) PUBLIC of existing infrastructure without the need for utility expansion and FACILITIES increased cost of maintenance. Therei 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 flexibilityin ENVIRONMENT where structures are located - lending itself to more optionsi in placement to avoid mature canopy trees. REGULAR MEETING JUNE5 5, 2025 VOLUME 29 PAGE 442 PLANNING BOARD: Reasonableness Statement We find this petition to be reasonable and in the public interest based on the information from the staff analysis and the public hearing, and because: Rationale for Approval The proposed amendment creates an opportunity to address the need for additional missing middle housing. The proposed amendment establishes standards to encourage walkable neighborhoods. The proposed amendment compliments existing provisions to incentive the construction of smaller, more affordable dwellings ("starter homes"). RECAP Category 1- + Dimensional Standards - Increased flexibility + Permitted Uses - Clarifications and Mixing of Uses + Definitions - Clarifications and addition of 3 & 4 - Family Uses + Category 2 + ADUS - Scaling size for Principal Structures under 1,200 Sq Ft, Max Size of 1,200 Sq Ftfor Principal Structures over 1,200 Sq Ft. + Density - Units that are 1,200 Sq Ft or less count as .5 unit + PRD - Elimination of Multi-Family and associated standards (making UR & MU Districts the only Multi-Family by-right districts), clarification and adjustments to dimensional standards, and + Minor PRD - Introduction of 3 & 4 - Family Uses in 1 & 2 - Family Zoning Districts, adjustments to Densities for Minor PRD The City Clerk confirmed this public hearing has been advertised in accordance with North Carolina General Statutes. The public hearing was opened at 7:24 p.m. Via Zoom: Ken Fitch spoke in favor oft the zoning text amendment. The public hearing was closed at 7:27 p.m. Council Member Jennifer Hensley said that Matt Manley and staff did a great job on this and you're doing exactly what we asked you to do and streamlining the processes and helping to create infill development which are all goals of the city and thank you for all of your hard work because I know, there are a lot of words. City Council. Member Jennifer Hensley moved that City Council adopt an ordinance amending the official City ofl Hendersonville Zoning Ordinance, Article IV. Establishment of Districts & Article V. - Zoning REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 443 District Classifications and to mend the City of Hendersonville Subdivision Ordinance, Section 4.03. Streets, as presented by staff, based on thej following: 1. The 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 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 need for additional gentle density missing middle housing. 2. The proposed amendment establishes standards to encourage walkable neighborhoods. 3. The proposed amendment compliments existing provisions to incentivize the construction of smaller, more affordable dwellings ("starter homes' "). AI unanimous vote oft the Council followed. Motion carried. Ordinance #O-25-33 AN ORDINANCE OF THE CITY OF HENDERSONVILLE CITY COUNCIL TO AMEND THE CITY OF HENDERSONVILLE ZONING ORDINANCE, ARTICLE IV. ESTABLISHMENT OF DISTRICTS & ARTICLE V. ZONING DISTRICT CLASSIFICATIONS AND TO AMEND' THE CITY OF HENDERSONVILLE SUBDIVISION ORDINANCE, SECTION 4.03. STREETS WHEREAS, the Planning Board reviewed this petition for a zoning text amendment ati its regular meeting on May 8, 2025; voting 8-0 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. June 5, 2025, and WHEREAS, City Council has found that this zoning text amendment is consistent with the City's comprehensive plan, and that iti is reasonable and in the public interest for the reasons stated, and WHEREAS, City Council finds that this zoning text amendment will support the provision of workforce and missing middle housing in the City by providing opportunities for a mix of housing types such as duplexes, triplexes and quadplexes as well as single-family homes, and WHEREAS, City Councill has conducted: a public hearing as required by the North Carolina General Statutes on June 5, 2025, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hendersonville to amend the City of Hendersonville Zoning Ordinance, Article IV. Establishment of Districts & Article V. - Zoning District Classifications and to amend the City of Hendersonville Subdivision Ordinance, Section 4.03. Streets ZONING ORDINANCE Sec. 5-9. C-4 Neighborhood Commercial Zoning District Classification 5-9-1. Permitted uses. The following uses are permitted by right in the C-4 Neighborhood Commercial Zoning District Classification, provided they meet all requirements of this Section and all other requirements established in this appendix: Plannedresidential developments (minor). subjectt tot the requirements ofarticle VIL. below ** Sec. 5-14.) PRD Planned Residential Development Conditional Zoning District Classification. This zoning district classification is designed to accommodate planned residential developments with a rezoning to al Planned Residential Development Conditional Zoning District in accordance with article VII herein. Such rezoning to a Planned Residential Conditional Zoning District is required as a prerequisite to any use or development in the PRD Zoning District Classification, andi no use shall be permitted except pursuant to such permit. The rezoning shall insure that the proposed use or development is consistent with the requirements of this section and may further specify the timing of development, the location and extent ofr rights-of-way and other areas to be dedicated for public use, and other such matters as the applicant may propose as conditions upon the request. In granting the rezoning for a planned residential district, city council may impose such additional reasonable and appropriate safeguards upon such approval as REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 444 itr may deem necessary in order that the purpose and intent ofthis chapter are served, public welfare secured and substantial justice done. 5-14-1. Application. The reclassification of property to PRD Planned Residential Development Conditional Zoning District shall constitute an amendment of the official zoning map which may be initiated only by all ofthe owner(s) of a legal interest in the affected property. Such amendment shall be initiated by means of an application for rezoning to a PRD Planned Residential Development Conditional Zoning District. No permit shall be issued for any development within a PRD Planned Residential Development Conditional Zoning District except in accordance with an approved rezoning. 5-14-2. Permissible uses subject to rezoning to a Planned Residential Development Conditional Zoning District. A building or land shall be used only for those purposes specified in the rezoning for the project which may include one or more of the following: Accessory structures Accessory dwelling units subjectt tos supplementary standards contained ins section 16-4. below Adult care centers registered with the NC Department of Health and Human Services (DHSS) Adult care homes Camps Child care centers subject to supplementary standards contained in section 16-4, below Child care homes Congregate care facilities, subject to supplementary standards contained in section 16-4, below Customary accessory uses Gelfeourses Galariving-ngesaméperlhegifeuses Home occupations Neighbothonarieted: Penomnlsmicscmsistent with the purposes ofiiacihnsifation.ssha barberand bsauty/shopsa.medicalanddemtallabsand, clinics.opticiansando salspisamdansiaks orthopedics wherethe gross floor area of any individual unit does not exceed 2.000 A grientednonesidential. uses may not exceed ai footprint of 8.000 square feetper building. Neighbothood-oriented Retails stores consistent with the purposes of this classification. suchas gifts shops. florist shopsandpharmaciesi wheret the gross floor area of any individual unit does not exceed 2.000 square feet.In MsNsNAaNaNA nonresidential uses may not exceed a footprint of 8.000 square feetper building. Nursing homes, subject to supplementary standards contained in section 16-4, below Neiehborhood-oriented Offices located, designed, andj proposed to be operated so as tol be compatible with the particular neighborhood in which they are to bel located Parks Planmedresidentiale develepmentsmajen) Progressive care facilities, subject to supplementary standards contained in section 16-4, below Public utility facilities, subject to supplementary standards contained in section 16-4, below Religious institutions a, Residential dwellings, single-family Residential dwellings, two-family Residential dwellings. three-family Residential dwellings. four-family Neighboriond-oriented Restaurants. consistent witht thep purposes oft this classification (no drive-thrus)wherethe gross floor area ofa any individual unitd does note exceed 12.000s square feet. In mmihstntlahaukstias nonresidential uses mayi not exceed a footprint of 8.000 square feetper building. Rest homes, subject to supplementary standards contained in section 16-4, below Schools, primary, elementary, and secondary Telecommunications: antennas, subject to supplementary standards contained in section 16-4, below Telecommunications towers, subject to supplementary standards contained in section 16-4, below 5-14-3. Site requirements. Planned residential development conditional zoning districts shall have the following site and density requirements: a) -- be at least three-aeres;and Sites should be locatedi inc one ofthe following-FutureLandi Use designationsasi illustratedi int the Cily'smostrecently: adopted Comprehensive Plan: Rural Residential. Family) Neighborhoodl Living. Muli-Generational ILiving. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 445 b) Asesstolieplammereiemtialdewelepmew Y---ea-p minodesigmatedassueniesampelhemsivetrmmsporationy pla-Aliemmively,aseesmwybeproviaded ymensofsieisalerdmssrierughareswhenit -- ptliarRgees ineeseimaflemanysuehsie.Damsiny htadraamdinsiaalldsimstotiat zoning district shallnotexceed 10 units per acre. The lsasmadadmsinun densities are based on the Future Land Use designation oft the site: i.Rural Residential = 2 units peracre ii.Family Neighborhood Living = 61 units per acre iii. Multi-Generational Living =1 10units peracre 5-14-4.-Density. Fedemsiy-fereplaaeee-w emsideratoneFk-sonrehemsiveplans suFoundingland-useraN-he-MHeNwate Privaieamépwblie-aclies-inchadins ReHE-HateN, water; aeMNe-eaNe, torwatef-readrands-amdparks-teserve the-develpment- Ules-eplamnedesidemialdevelopment walifer-fere-demsiy-ena-Pe-s H6-belew.-lhe-demsiv-authorized-for -daetahalaerweA S-45-Demsity-benus. A-demsivy-bonws-overandaheve-hemaima-demiypesiedisabetieelions-H-4rabeve: "y-ipaysiyswi evelepmenkempe-w.einsw ra.es landardsefihis-A:tesrwela-he-fellowing-ada * E ienal - censiderations: a) Teppymsshldnpmatepet to-besituatedshalbeloemtedinelesepreximity-te wihinsestiafehauiedeigmisdassudhin -- b) Vehaelarases-fersuehdewvelepmentshals -be-limited Hpomeermee-boulewanlseriherogMares --- e) -A--- evsipaswialwiehndefwmieEmtefashay, dy Pe-develepmentispropepeadelelswilhinreasemabiew wallingdasnseafpliaexefemployment and/er-shepping facilesandhaltprew ide-pedestrian amenities inenderiefeserpadesitiamscestesuch facilities; e) edsymaaiponie -open-sp pace-sufficientf feremedofitreidems-wAhahalaet ---- epen-space-required: by subssie6-162,beiow,eromeperemtef af-y foreahdwelingumtPer -aere-propesed -------- 5-14-64. Development standards. Unless noted otherwise, the following development standards shall apply to all planned residential developments, whether major or minor. In addition, planned residential developments shall meet all applicable standards contained in article VI, below 5-14-64.1. Open space and footprint requirements. Planned residential developments shall have a maximum footprint of 20 40 percent oft the site and shall have, as a minimum, 60 40 percent of the site as open space. In addition, planned residential developments shall meet the common open space requirements of section 6- 16. 5-14-64.2. Dimensional Standards Setbaeks. AM-alagmsaa-. back net haee iglsfwwy-line-foranyswepwaas wlt- isimaedie-hesideereroflhe-letand - estamseasthoavyaNw-awhamaaehfNww The plammingloamioseCivy, councl,a-tesemye. shall require reservations of rights-of-way, as well as increased setbacks, for roads identified in the comprehensive transportation plan, including existing roads to be widened as well as corridors of new roads. Al-eligsmahiraseePsNsEsaNN be-lecated-at east e-etfom-lieedgeafhepavingferany Campentshalesiuda wtey paving-forany-s ahwy commestedie-heprinmeialsinerewha hlheyserve-limadéitin-dwelingsand accesser ystucturesabutinga w-ne 32dwelng-uns Fintended - tet he-appre Mehstaaimehalle.lamar espmssdemwywiwiwaapN mallimeieargine: - NCS.ePalaigCNevameFeRwana REGULAR MEETING JUNE 5, 2025 VOLUME 29 PAGE 446 Minimum lot area in square feet: 0 Minimum lot width at building line in feet: None Minimum vardrequirements for Principal Front:40, reduced to 0 when parking is Structures in feet: situated to the side-or rear of the lot and screened from view from public right of way, AaRNANtnNs garages shall besetback: aminimum.of45 feet. Side: 0. mmicaisthadsuaallaa minimum.of 5 withexception ofcornerlots wheresetback shall be 7.5 from side street right-of-way Rear: 20 Maximum height in feet: 35 Minimum.yardi requirements for Accessory Front: Located to side orrear ofprincipal Structure in feet: structure Side: 0 withexception ofcorner lots where setback shall be 7.51 from side street right- of-way Rear: 0 5-14-64.3 Subdivision of planned residential developments. Planned residential development projects may be subdivided provided that arrangements for such subdivision are made at the time of the planned residential development application. Zere-letlinest may-bep permitted-en-ones ermweleinsefeshie: in aecerdance-with-thesestandards: Anywallcomsirueledont the-let line-shall easolid-windowiss-walFAmeismalwofhetefihewal-iom thelo-line,theoflsets must be-at Heast-six-feet b) A-five-fostmainemanees easementandamawimumeneeswdhaeetef2inhewilhint themaintenanee easement-shall -t-asw-pa ready-aceesste-he-le- inewalkatresemalieperhafh-dy-araommalmainemamee 5-14-64.4. Circulation and access. Internal streets, drives and parking areas shall provide safe and convenient access to dwelling units and recreation facilities, and for service and emergency vehicles. Connectivity isagoalo ofthei internals streets system andextemalcommectionst toareasoutsides and adjacentto the Planned Residential Development Conditional Zoning development shall be constructed. i. Thes sites shalll bet traversed by anetwork ofi internalstreets builta according toc city standards. Internal streets should seek to avoid cul-de-sacs and dead-endr roads and other features that hamper connectivity. However. roads mayt terminate atamonumental: structure or greenspace. In suchcases asidewalk or other connection shall be provided to ensure the goals of connectivity. ii. Internal streets shalll haves sidewalks ands streett trees. iii. Ifabus line serves. ori is expectedt tos serve. the district. al buss shelteri ist required. Larger projects may require more shelters as determined by a traffic impacta analysis. iv. Alleys-providing: accesst to therearoflotsaree encouraged. Public alleyss siallmstihepsifaetioms ofrelevant City standards. Wherei individual lots havei frontage on another city street. private drives may be used as alleys. in whicho case they may be constructed within common spaceat therearof lots or. inc conjunction witht the use of cross-access easements. theymay be constructed withina series ofr rear setbacks. One-way alleyss shall be a minimum of8 wide. Two-directional alleys shall beai minimum of 16' wide. V. Allnew developmenty with fewert than 10 dwelling units arer required to provide stub-outs to adjacent property to extenda and connect streets and drives with future streets and drives where feasible and practical. vi. Allnew developmentwithr more than 10 but fewert than 100 dwelling units are required to provideat least ones stub-out to extenda and connectstreets and drives with futures streets and drives.onadiacent property. Int the eventt that adjacent landi is already developed with stub-outs present. the developer shallo connect to the existings stub-out(s). Ini the event thatt the proposed development is ableto providet three or more points of access tot the existing streetnetwork. this provision may be waived. vii. Residential developments containing 100 or more dwelling units shallprovider requiredstreet connectionsand stub-outs ataratioofones stub-outper 100 dwelling unitst to extendand connect streets and drives withf future streets and drives on adjacentproperty. Inthe eventadiacentlandis already developed withs stub-outs present. the developer shall connect to the existing stub-out(s). Streets-shall net be designed to enceurage outsidet traffie te traverse the - leeal-streets REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 447 Sidwalleshalberepainesdaamgsadepimadriesyisaahalfems pwh-ksity-eerptsias asesstealiadwelligunmisamdeppepiseproietariliesand aeryisalag-ahadiesamére parking wiepianikwk yPapihN-M-pePaieaswppi S-wsiwwwewwww-4-----wipli-ae -derteefNN EDOTAH ehersiestsamédivesnmdnsksempywiN NCDOTs-pavementwidHhandroad-road-right-oF-way y siandards-bwutlheyshalleumply-wMHlepavementsewelure puiemes-Allddendsissamsdivess shalemineinaeukde-searstepusemesofrevening veheulardetien-lEalbelerespens ibility ofle-develepertesubitesledinserofpublieworiseore tyHh-eA AdssedNedemapwwws ructureregiremens. ntemaksiess-wilhmininsak-w3S-e from eenter eiw-sie ayeadiutaw ,emaneanceyay-Devepmens containing sehphaseinemalsies h--ee-.dHpPrhw imaprominentposiiont-falb-inePpliceabledouments: riedeveiapmastiselainshaing-esieplm-le ersatheswww4--.aumayeew dinelafppatie. Sameeralloflhe-sietswaisdwehefNayreguiemei-er eciyafHemdewil.e-sratfaaww these areprepesedaspivates setsandhwheChyef w-kl-ae-. PagALNwAMa inheightonlyuporiiesrmingefeheigha wswwiywiwwaA--y5weyw upen-findingthat: a) Swhhnag-lahkwtsatgwades haehdPe fom-hemomtsoFCeieberlsHoe/s 6) --- yS -eiesaywpeatehesalalsw -saw--- eated-in-relation-ethe-firesatioss-andequpment: se-as-t eaferaiepustaele-mdpepv-n msehalehilageNwasPiwtiaeN e) The-se-merurymd-erwh--N -ea ww--w -14-6.6Buffering.seremingand tand S eaping. + he-a P-appeaimaw eP preservationefa-bwsetbasetbaeks-adequates putadeEPee fom-heimpaciseflher prepeseddevelepment AngReRNA ww-taw ysapeamtw esidenes.-ENISHIS vegetation- haepmwnawhwwpl-laaNiww edevelepershallpovideamappropiate idereNe 5-14-6.7Ofstreetparking-o: # - S E etpauingrpiseeNs-haie as-fellews: ----- --e Aeermewehaiso-E-kempersceumtowand A--A serve: 5-14-64.85. Maintenance of common facilities. The developer, project owner, or aj properly established homeowners association shall provide for the continuing maintenance of common open space, recreational facilities, sidewalks, parking, private streets and other privately owned but common facilities serving the project. 5-14-4.6. Sitel Design. i. Itis preferred that primary façades face the adiacent street or common space. Amaine entrance shall faceac connecting walkway withad direct.safe. pedestrian connectiontot thes street. Where themain entrance does not face the adjacents street. buildings should nonetheless be designed to provide an attractive streetside façade. ii. Buildings shall be situated withr regardt to pedestrian and vehicular connectivity. Iti is preferred that they be located closet to the pedestrian street with off-street parking behind and/or beside the building. Important mountain vistas and/or views of significant historic sites shall be protecteda and accentuated to the extent practicable. iii. Front-facing garages should ber recessed from the front façade oft the house and visually designedto formasecondaryl building volume. Developers aree encouraged tot turn garages and carportsso the openings or doors arer not visible from the street. 5-14-75. Minor planned residential developments. An applicant may elect to have a development processed as a minor planned residential development so long as the proposed development, including all phases, isgreaterthan2 dwellingmits-butdoes: not exceed 50 dwelling units. dstaAae .-A under Se.s-li).regardes ofthe underlying REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 448 zoning district.amdse-iongs-me-aeessery No commercial development may be partofaminor plamedraidemtialdevdameL-wweeerepreeet: A minor planned residential development may be located in one or more of the following zoning district classifications: R- 40, R-20, R-15, R-10, R-6, MIC, RCT, C-2, C-3, C-4 1 5-14-75.1 Density. The maximum number of dwelling units which may be constructed in a minor planned residential development shall be 50 or a number computed on the basis of the following table, whichever is less. Use District Dwelling Units Per Acre R-40 +.0-2.0 R-20 2.5:3.0 R-15 3.75-4.0 R-10 5.5 R-6 8.5 MIC 5.58.5 RCT 5.5-8.5 C-4 8.5 C-2 8.5 10.0 C-3 8.5 10.0 1 8.5 5-14-75.2 Development standards for minor planned residential developments. Except as otherwise noted herein, minor planned residential developments shall be governed by the development standards for planned residential developments contained in subsection 5-14-64, above. 5-14-75.3 Procedures for reviewing. Unlike other planned developments which undergo rezoning to a conditional zoning district, minor planned residential developments undergo site plan review pursuant to section 7- 3. Section 5-15 Planned Commercial Development Conditional Zoning District 5-15-2. Permissible uses, subject to rezoning to a Planned Commercial Development Conditional Zoning District. .ts 5-15-4. - Development standards 544-Pay-fe fora a nt EH e evelepmentp te masPaOFAPCDPamnatCommeeint PaweieymwCmsltiaizaewlyd--safeesompahemivepha: sumoumsinglamdussandpepivueamépulis ta eilie-inehwaing-wilhewilhoutimiuiom-wae, aseaersaliévasie-speedaaAP.wkwment ygulif-erademiylnde-Perspeilfidinsubsestiens 5-14-5-abeve.0therwise,the-density-authorized rahediastahalinuteNewktmwmiepersee *** Section 5-21. PID Planned Institutional Development Conditional: Zoning District Classification 5-21-2 - Permissible uses. ** * Residential-dwellings-muli-family REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 449 Sec. 4-5. Classification of uses USE Accessory dwelling units S S S S S S S S S Adaptive reuse P Golf courses P P P Golf driving ranges, par 3 golf S P P P U Planned residential development (minor) S S S S S S P S S S S S S S S ddet (majer) P Residential dwellings, single-family P P P P P P P P P P P L Residential dwellings, multi-family P P P P P Residential dwellings, two-family - P P P P P P P P P Residential dwellings, three-family : : : : : P : P : : = - Residential dwellings, four-family : : : : - P : P : : = - Residential dwellings, small-scaler multi- : : = - - = P P - : = - family Personal services L S P P P L S Retail stores L S S P P L S S Restaurants L S S P P L U U UBDIVISION ORDINANCE Section 4.03. B. 2. a. ii. ii. Private streets shall not be constructed as part of development within the city's corporate limits witht the exception of private alleys. Private alleys shall be considered drivesand not subject to public street standards. Adopted by the City Council of the City of Hendersonville, North Carolina on this 5th day of June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved ast to form: /s/Angela S. Beeker, City Attorney D. Annexation: Public Hearing-Upward Road (Quattlebaum Properties F, LLC) (25-22- ANX) - Tyler. Morrow, Current Planning Manager Tyler Morrow explained that the City of] Hendersonville received a petition from Robert H. Quattlebaum, manager of Quattlebaum Properties F, LLC for satellite annexation of PIN 9588- 40-7325 located on Upward Road that is approximately 2.65 acres. On May 1st, 2025, City Council accepted the City Clerk's Certificate of Sufficiency for the petition and set June 5th, 2025, as the date for the public hearing. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 450 Upward Road (Quattlebaum Properties F LLC) (25-22-ANX) Satellite Annexation Petition City of Hendersonville City Council June 5th, 2025 Community Development Planning Division Tyler Morrow |Current Planning Manager Background uatlebaump Properties FLLC 4 Petitioner: PIN: Robert H. Quattlebaum, atel Acpe2 : ton Map manager of Quattlebaum Properties F, LLC - SubjectProperty + PIN: Municipal Borders + 9588-40-7325 FlatRock Hendersonvile + Acreage: + Approximately 2.65 acres : 07 = Hende ers ville veyfros - REGULAR MEETING JUNE5,2 2025 VOLUME 29 PAGE 451 Wes Hall, Entitlements Project Manager and Sean Poole, Senior Real Estate Site Selector and Devin Stanley, Civil Engineer with Blue Ridge Engineering were all introduced. Wes and Sean gave the following PowerPoint presentation. CITY OF SHEETZ HENDERSONVILLE ANNEXATION PETITION SHEEIZTEAM Madeline J. Trilling Scarbrough, Scarbrough & Trilling, PLLC Land-Use Attorney Devin Staley, P.E. Blue Ridge Engineering Civil Engineer Wes Hall, P.E. - Sheetz, Inc. Entitlements Project Manager Sean Poole Sheetz, Inc. Senior Real Estate Site Selector SHEETZ FLAT ROCK SHEETZ SITE a 6 2 SHEETZ REGULAR MEETING JUNE 5, 2025 VOLUME 29 PAGE 452 FLAT ROCK SHEEIZSITE = - - = 34 - - - = a E EEE B SHEETZ FLAT ROCK SHEETZ SITE M E = -/ Z6SAE E K382S PGI 140 pSCpRISaS Ca eds 000 EHEETZ CITY OF HENDERSONVILLE COMPLIANCE GENHI HENDERSONVILLE COMPREHENSIVE PLAN Adopted Augustl, 1,2024 WAHATISNT NTHECENHPLAN? Cenk cor HPlans provdesguidanoe the ving nd Growth E ry E dH istorie Perouces ural Resources, ilty. andRese end cy arks ecre eation andPublic 5 o andothe dentifiedfo ocus d pr ment EHEETZ REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 453 FAMILY OWNED SINCE 1952! SHEETZ FAMILY TREE 5HEETZ FAMILY TREE Welcome - MTO (TCMP I7 SHEETZ CURRENT STORE LOCATIONS SHEETZ SHEETZ RENDERINGS DE miiit ririii 5HEETZ REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 454 SHEETZ RENDERINGS 9 86666 HEETZ - - - - MTO oGe Qo 1) ERONTELEVATON 36 66 G00 SHEETZ - - - - Ge GG-GG de 9 SHEETZ 2LEFTFIFVATION SHEETZ RENDERINGS 5560 2 I de GRFARFIEVATON o B66e SHE TZ e @BCHTFLEVATON SHEETZ SHEETZ RENDERINGS SHEETZ REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 455 ACCOLADES & COMMUNITY SUPPORT FORTUNE SHEETZ IN THE 3ES COMMUNITY CHARITIES WE CHAMPION: SHEETZ SHE ET & for 3 Make-A-Wish. 7 the < 2024 BE EST KIDZ. PON TOV WORKI FOR de FEEDING a AMERICA EHEETZ The City Clerk confirmed this public hearing has been advertised in accordance with North Carolina General Statutes. Thej public hearing was opened at 7:38 p.m. There were no public comments. The public hearing was closed at 7:38 p.m. City Council member Jennifer Hensley moved that City Council adopt an ordinance of the City of Hendersonville to annex noncontiguous, property owned by. Robert H. Quattlebaum, manager of Quattlebaum. Properties F, LIC, identified as PIN9 9588-40-7325,fimdng that the standards established by North Carolina General Statute 160A-58.1 have been satisfied and that the annexation is in the best interest of the City. A unanimous vote of the Council. Ordinance #O-25-34 AN ORDINANCE OF THE CITY OF HENDERSONVILLE CITY COUNCIL TO EXTEND THE CORPORATE LIMITS OF THE CITY AS A SATELLITE ANNEXATION Re: Petition for Satellite Annexation Petitioners: Robert H. Quattlebaum, manager of Quattlebaum Properties F, LLC File No. 25-22-ANX WHEREAS, The City of Hendersonville has been petitioned by Robert H. Quattlebaum, manager of Quattlebaum Properties F, LLC pursuant to North Carolina General Statutes (NCGS) 160A-58.1, as amended, to an nnex the area described herein below; and, WHEREAS, the City Clerk has investigated and certified the sufficiency ofs said petition; and, WHEREAS, a public hearing on the question of this annexation was held at City Hall at 160 6th Ave East, Hendersonville, NC at 5:45 pm, on the 5th day of June 2025, after due notice by publication as provided by law on May 18th, 2025; and WHEREAS, the City Council further finds the areas described therein meets the standards of N.C. G.S. 160A-58.1(b), to wit; 1. The Petition includes a metes and bounds description of the area proposed for annexation and has attached ai maps showing the proposed satellite area. 2. The nearest] point on the proposed satellite corporate limit is approximately 8,577' from the primary corporate limits ofthe City ofHendersonville, which is less than 3 miles. 3. The Petition includes thei names and addresses and signatures ofa all owners of real property lying in the area described therein, except those not required to sign by G.S.160A-58.1 (a). 4. Nop point on the proposed satellite corporate limits is closer to the primary corporate limits of another city than to the primary corporate limits of] Hendersonville (Village ofl Flat Rock approximately 8,810'). REGULAR: MEETING JUNE5, 2025 VOLUME 29 PAGE 456 5. The area is situated sO the City will be able to provide the same services within thej proposed corporate limits that is provided within thej primary corporate limits. 6. The area proposed for annexation is not subject to subdivision regulation as described N.C.G.S. $ 160D- 802. 7. The total area within the proposed satellite corporate limits, when added to the area within all the other satellite corporate limits oft the City, does not exceed ten (10%) of the area within the primary corporate limits ofthe City. 8. The area for annexation meets all other requirements defined in NC 160A-58.54 regarding the character of the area tol be annexed. WHEREAS, the City further finds that thej petition has been signed by all the owners of real property in the area who are: required by law to sign; and WHEREAS, the City further finds that the petition is otherwise valid, and that the public health, safety, and welfare ofthe City and oft the area proposed for annexation will be best served by annexing the area described; NOW, THEREFORE, BE IT ORDAINED by the City Council oft the City of Hendersonville, North Carolina: 1: By virtue of the authority granted by N.C.G.S. 160A-58.2, as amended, the following described noncontiguous area is hereby annexed and made part oft the City of Hendersonville as of the 5th day ofJ June 2025. Being all of that real property consisting of PIN 9588-40-7325 described in the plat recorded in Book 2025- [to be inserted at recording of the plat] of the Henderson County Registry, said PIN 9588-40-7325 being described by metes and bounds as follows: Being ai tract of land containing 2.65 acres, shown in Plat Slide Book 2025, Page 16149, Tax Parcel PIN 9588-40-7325, located on Upward Road, S.R. 1783, in Blue Ridge Township, Henderson County, North Carolina, surveyed by Jason Wall, PLS of Survey Pros PLLC, Project #24-160, January 17, 2025, with bearings relative to NC Grid, NAD 83. A metes and bounds description of the area tol be annexed taken from said survey is as follows: BEGINNING at a 5/8" rebar found in the southern margin of right of way for Upward Road, at the northwestern corner of a 2.65 acre tract shown in Plat Slide Book 2025, Page 16149, having NC Grid coordinates of N: 580,589.02' E: 984,636.22, and said 5/8" rebar being located, South 78026'59" East, a distance of257.98 feet from a 5/8" rebar found, the northwestern corner of Deed Book 1178, Page 326; thence from the POINT OF BEGINNING, with the southern margin ofright- of-way, and with al new city limits line, the following two courses: (1) South 69057'19" East, 304.16 feet to a 5/8" iron set; (2) with a curve to the right, a chord bearing and distance of, South 68°12'29" East, 30.20 feet to a 5/8" iron set in the southern margin of right-of-way of Upward Road; thence continuing with a new city limits line, and with the 2.65 acre tract shown in Plat Slide Book 2025, Page 16149, the following 3 courses: (1) South 20°10'26" West, 344.34 feet to a 5/8" iron set; (2) North 69°54'45" West, 333.89 feet to a 5/8" iron set; (3) North 20°05'50" East, 345.01 feet to a 5/8" rebar found, the POINT OF BEGINNING, containing an annexation area of2.65 acres, more or less. 2: Upon and after the 5th day of June 2025, the above-described territory, and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Hendersonville and shall be entitled to the same privileges and benefits as other parts oft the City ofHendersonville. Said territory shall be subject to municipal taxes according to NCGS 160A- 58.10, as amended. 3.1 The Mayor oft the City of Hendersonville shall cause to be recorded in the office of the Register of Deeds of Henderson County and at the Office of the State in Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1, above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Henderson County Board of Elections, as required by G. S. 163-288.1. Adopted by the City Council oft the City of Hendersonville, North Carolina on this 5th day of June 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved ast to form: /s/Angela S. Beeker, City Attorney Mayor Volk askedfor a brief recess at 7:40 p.m. and returned to session at 7:46 p.m. - E. Rezoning: Conditional Zoning District-Ronan at Hendersonville (P24-33-CZD) - Tyler Morrow, Current Planning Manager Tyler Morrow explained that the City of Hendersonville is in receipt of an application for a Conditional Rezoning from Paul Aiesi, manager of Graycliff Capital Development, LLC, applicants and Robert O. Camenzind, Peggy C. Cabe, John T Fleming, Enno F. Camenzind, REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 457 Paula Camenzind Carter, property owners. The applicant is requesting to rezone the subject property, PIN 9588-22-1126 and located on S. Allen Road, from CHMU, Commercial Highway Mixed Use to CHMU-CZD, Commercial Highway Mixed Use Conditional Zoning District for the construction ofa a 192-unit multi-family development and associated accessory structures and amenities. The site plan depicts eight multi-family buildings, each comprising of24 units. These buildings are proposed to be three stories tall, slightly, exceeding 39 feet. Additionally, the plan includes five garages, a cabana, a clubhouse with a pool, and various amenities such as a fire pit, community garden, dog park, and playground. Ronan at Hendersonville (Waterleaf at Flat Rock Phase II) (P24-33-CZD) Conditional Rezoning City of Hendersonville City Council June 5th, 2025 Community Development I Planning Division Tyler Morrow I Current Planning Manager E 1126 SAllen Road ant/Ownert Paul Aiesi, manage Grayclff Capital Development LEC Applicant Robert O.Camenzind,Pes gcyC Cabe, John TFleming, EnnoF. Camenzind, Paula Camenzind CarterlOwner ningE CHMU : ning CHMU-CZD 17.13 Acres ResdenaldwAlings multi-fal Project Accessoryusesg structures E Backgroubt 20 ChMulti Family Development: E aUse Desicnation Mixed Use Commerciale Neighborhood Compatibility Meeting + Dates: June 19th, 2024 MECONDNCOACONASTNLT MEETING + Attendees: OFFICIALN byTheCioy NOTIFICATION + In-person - 2 residents CONDITIONAL Online - 2 residents REZONING h Topics Discussed: + The need to conserve as lis notices-hcarings manyt trees as feasible. + Whether the stormwater detention location would + The affordability of the affect tree preservation. housing units. + The absence of Phase 2 + The recommendation for being discussed during conducting a wildlife the Phase I oft the study. Waterleaf Development + Concerns regarding the review loss of agricultural land. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 458 A z Site-Photos + September 2nd, 2021: City Council Rezoning History annexed this parcel and the Waterleaf at Flat Rock Phase I parcel. At the time of annexation, they were both oSouhAllenR Rezoningt P2140.RZO (PIN: 9588:424126) combined into a 32.66-acre parcel. Cum + January 6th, 2022: City Council zoned the subject property CHMU. The applicant/owners of the property originally petition that the parcel be zoned C-3 due to it's I-26 frontage and their desire to have a commercial tenant( (commercial uses are also permitted in CHMU), however, they became agreeable to CHMU after Planning Board recommended denial of the C-3 petition and recommend approval of the property being zoned CHMU. - E - E REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE4 459 EDRMP TRAFFICI IMPACT ANALYSIS WATERLEAF ATI FLATROCK PHASE 2 HENDERSONVILLE, NC 4 nepadRer a LEGEND tudy! seds SiteA Waterleaf at Flatrock Site Location Map 8 SUCYAS BDRMP Henderson, NC EISaN ngure Table E-1: Site Trip Generation (ITE Land Code) Use Intensity (vpd) Daily PH Exit Exit E Rise) E ALENR 192DU 1,306 20 62 65 38 City Staff Proposed Condition (Developer Not Agreed) City Proposed Conditions: oj The development shall provide a roadway connection between the NO LONGER STAFF PROPOSED Slldil OIOW une pupIc network. ou rce: CNU roadway design = = established with the E existing Waterleaf Phase I extension City Staff Proposed Condition (Developer Agreed) City Proposéd Conditions: o! The developer shall record a24 wide cross access ES CROSS easement as shown on sheét C200 between the Ronan at Hendersonville Project (Waterleaf Phase 2) and the Summit at Hendersonville Project DRETNE (Waterleaf Phase 1). Thus, providing permanent a access from the Ronan at Hendersonville Development to S. Allen Road. REGULAR: MEETING JUNE5, 2025 VOLUME 29 PAGE 460 Proposed Conditions (Developer Agreed) Developer Proposed Conditions : I Reqyést condition to remove the requirement of street connectivity & stub-outs per section 5-27-5-2-4 as the proposed project area is surrounded by new development that likewise do not have reciprocated stub outs. 2. An updated boundary survey will be provided for final design. 3. Jurisdictional letter confirmed by Army Corps of Engineers will be soserCL so provided fori final design. Proposed Conditions (Developer Agreed) Developer Proposed Conditions : 4, Acknowledge that the CHMU requires off street parking to be located to the apart side or rear, but due to traffic and Idings à noise levels associated with the -26 interstate, requiring parking be E located adjacent to the interstate as ng shown in the current design to allow & a residents to be further from interstate. - E Future Land Use Ronan atk Hendersonville P24-33-CZD + Mixed Use PIN: 9588-22-1126 Commercial Acreage: 17.1 13 GenHFutureLandu Use + Mixed Use - Employment GENH HFuturelandu Use + Production E Commercal + Intuitional aes - + Open Space- Eo Reste Conservation + Muli-Generational. Living 47 Cmpaton Cor REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE461 VAND SUPPLY, The subject property was not listed on the SUITABILITY & land suitability or supply maps. INTENSITY The subject property is within the focused intensity node of the I-26 Interchange. FUTURE LAND USE & Designation: Mixed Use Commercial CONSERVATION MAP Character Area Description: Somewhat Consistent Zoning Crosswalk: Consistent 9 Current Land A3 Use & Zoning Ronan at Hendersonville enceun P24-33-CZD + CHMU PIN: 9588-22-1126 Acreage: 17.13 CurrentLandusea andZoning + Hendersonville a a + CHMU + CHMU-CZD ng + PCD EyRO + C-3 + PRD-CZD +1-1 CGD + Henderson County dpeDCL dpEc + RC +I CD 5 0& R-1 a Con Whether andti the extentt to which the proposeda amendment is compatible withe existinga and proposed uses surroundingt the subjectproperty. The proposed development follows a design similarto that of the adjacent developments (Summit at Hendersonville 2) Compatibility (Waterleaf Phase I) and Stonecroft (Landings at Flat Rock).If approved and constructed, this development would complete the buildout of the overall parent parcel for these three developments. The development places residents within walking distance of dining, retail, and banking amenities. Whether: andt thee extent to which there are changed conditions, trends or facts thatr require an: amendment. 3) The subject property is currently annexed and zoned Commercial, Changed Conditions Highway Mixed Use. The proposed project aligns with the underlying zoning and design requirements for this district. Itis required to be reviewed as a conditional zoning district due to the number of dwelling units proposed, 7/ 11, REGULAR MEETING JUNES 5, 2025 VOLUME 29 PAGE4 462 Whether and the extent toy which the proposed amendment would result ina logical and orderly development patternt thatb benefitst thes surrounding neighborhood, isint the publici interest and promotes publich health, safetya andg generalv welfare. According to the 2024 Housing Needs Assessment, Henderson County requires an estimated 10,000 new housing units over the next five years. Of these, at least 4) Public Interest 2,000 units are needed in Hendersonville for low-to- moderate income households. Over the past five years, the City of Hendersonville has approved 1,938 multi-family units. Ifthis project is approved, the total number of recently approved multi-family units in Hendersonville would rise to 2,130. However, of the 1,938 units approved, only 1,825 are currently active. Additionally, only 163 ofthe approved active units are affordable for citizens earning between. 30% and 80% of the Area Median Income (AMIy Whether andi thee extent to which adequate public facilities and services such as water supply, wastewater treatment, fire and police protection and transportation area availablet to support thep proposed amendment. 5) Public Facilities -The site will be served with City water and sewer. The whole property was annexed as part of the Waterleaf Phase development. Whether and the extent to which thep proposed amendment would result in significantly adversei impacts ont ther natural environment including but not limited to water, air, noise, storm water management,: streams, vegetation, wetlands and wildlife. : According tot the 2008 floodplain maps, no part of this propertyi is located within the floodplain or floodway. 6) However, the most recent USGS topographic maps, along with Effect on! Natural a wetland and stream delineation conducted by Blueline Environment Environmental, show a blueline stream along the northwestern property boundary and wetlands along the eastern and western boundaries. The delineation by Blueline Environmental does not identify the blueline stream on the southwestern property boundary, which is depicted on the USGS maps. As indicated ini the site plans, the development currently includes 114,631 square feet of tree canopy covering 15.28% of the site. The proposeddevelopmnent will retain 34,389 square feet, or 30%, of the existing trée-canopy. REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 463 Planning Board Recommendation The City 6f Hendersonville Planning Board made a motion recommending approval, finding the petition to be consistent with the comprehensive plan and finding it to be reasonable and in the public interest based on the information from the staff analysis and the public comments presented at their meeting on May 8th, 2025. The Planning Board recommended removing developer proposed condition 4 (Removal of S. Allen frontage sidewalk) and condition 6 (Installing 1.5" caliper trees instead of 3" caliper trees for common space). Both of these conditions have been removed by the developer post Planning Board meeting. The motion carried 7to 1. - - E DF - M E - 8 = - E C200 s E E BFE - E E CRRET - T EET E 1 E CEREE C201 REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 464 E E EE EE = o E - E C301 - E EE E - - - E C601 W € E =n S EF EE - - : a E m - - : - : - E L101 REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 465 - E = a L102 T TEFEGROUP de ma e D3 & cn e oromrwr Type A A-101 e @ ma C 5 6 Ei AD- promatr- Tpen A-104 REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 466 a AD) A-201 DD DE E - EE - E E a C MITELVATON. PAR TMENT NO VPEA. F E - - E - - E - E Em @ FRONTELE CVA A-202 REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 467 - - - - L STEELE GROUP R CHI 04 L La 6 o no - a Not Ce Con on FRCR G6) RIGHTE ELEVATION- GARAGES Da on a 5 * E * a la La DET RAGNSAGE (E6) 1 LEFT ELEVATION- GARAGES a a a la * E - D BDE D D - - ue - E D BE Da u * e 4 6 L 6 a 4 L ET os a Se C6 FRONT ELEVATION. GARAGES a a D e * * 0n30 L 6 6 4 La La a Ees CALE NS- A6) REARE ELEVATION- GARAGES A-206 LE -G - L - - O - 03 - F AD)- w VPHOUSE: a CLUDHOUS A-207 Jay Lee (representing the development team from Graycliff Capital Partners in Greenville, South Carolina. He gave a summary of what their plan was to bring to the community. The City Clerk confirmed this public hearing has been advertised in accordance with North Carolina General Statutes. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 468 The public hearing was opened at 8:02 p.m. In Person: Ken Fitch spoke in favor of the rezoning. The public hearing was closed at 8:05 p.m. City Council member. Melinda Lowrance moved that City Council adopt an ordinance amending the official zoning map ofthe City ofHendersonville changing the zoning designation of the subject property (PIN: 9588-22-1126.from CHMU, Commercial Highway Mixed Use to CHMU-CZD, Commercial Highway. Mixed Use Conditional Zoning District,for the construction ofa 192 unit multi-family development based on the master site plan and list of conditions submitted by and agreed to by the applicant, [dated 5-16-25] and presented at this meeting and subject to the following: 1. The development shall be consistent with the. site plan, including the list of applicable conditions contained therein, and the following permitted uses: Permitted Uses: 1. Residential dwellings, multi-family 2. Accessory uses & structures 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 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. 3. Furthermore, 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 proposed development further. supports the growth ofthis area as a multi- family node along the. I-26 corridor, placing residents in close proximity to I-26, Blue Ridge Community College, a bank, and other commercial amenities. 2. The proposed development adds needed housing to help address local demand. A unanimous vote ofthe Councilfollowed. Motion carried. Ordinance #O-25-35 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: 9588-22-1126 BY CHANGING THE ZONING DESIGNATION FROM CHMU, COMMERCIAL HIGHWAY MIXED USE TO CHMU-CZD, COMMERCIAL HIGHWAY MIXED USE CONDITIONAL ZONING DISTRICT IN RE: Parcel Number: 9588-22-1126 Address: 0S South. Allen Road Ronan atl Hendersonville: (File #1 P24-33-CZD) WHEREAS, the City is in receipt ofa Conditional Rezoning application from applicant, Paul Aiesi, Manager of Graycliff Capital Development, LLC, and property owners, Robert O. Camenzind, Peggy C. Cabe, John T Fleming, Enno F. Camenzind, Paula Camenzind Carter, for the construction of a 192-unit multi-family development on approximately 17.13 acres, and WHEREAS, the Planning Board took up this application at its regular meeting on May gth, 2025; voting 7-1 to recommend City Council approve an ordinance amending the official zoning map oft the City ofHendersonville, and WHEREAS, City Council took up this application at its regular meeting on June 5th, 2025, and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hendersonville, North Carolina: 1. Pursuant to Article XI ofthe Zoning Ordinance oft the City ofl Hendersonville, North Carolina, the. Zoning Map is hereby amended by changing the: zoning designation ofthe following: Parcel Number: 9588-22-1126, changing the zoning designation from CHMU, Commercial Highway Mixed Use to CHMU-CZD, Commercial Highway Mixed Use REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE469 Conditional Zoning District. 2. Development of thej parcel pursuant to this Ordinance is subject to the following. a. Development shall comply with the master site plan submitted by the applicant dated May 16, 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 oft this Ordinance). b. Permitted uses shall include: i. Residential dwellings, multi-family ii. Accessory uses & structures 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 oft the parcel(s) shall occur in accordance with the final site plan requirements of Article VII of the Zoning Ordinance of the City ofHendersonville, 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 of its adoption. Adopted this 5th day of June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to: form: /s/Angela S. Beeker, City Attorney F. Notice of Condemnation Order Lew Holloway, Community Development Director Lew Holloway explained that 201 Sugarloaf Road, known as the Cascades Mountain Resort, was issued a Notice of Violation complaint on December 13th, 2024 wherein a series of violations, observed on a December 4th, 2024 site visit, of Section 12-40 ofthe City's Code ofOrdinances were presented to the property owners. The Notice established an administrative hearing date of January gth, 2025 for the Code Enforcement Officer to determine the validity ofthe complaint. The Administrative Hearing was continued from January gth to February 13th to allow time to begin remediating the violations. No discernable progress being made when the meeting was reconvened, a Findings of Fact and an associated Order to Repair were issued on February 28th. The Order established the documented violations of the code and provided that those violations must be remediated by March 28h. Upon an inspection conducted on March 2gth it was observed that all major violations persisted.. Att this time the Fire Marshall, under the authority granted that position by state statute, closed the facility because ofthe life-safety concerns around the Fire Suppression system. The attached ordinance layers the authority oft the City's Code Enforcement officer onto the Fire Marshall, affirming the condemnation oft the building until all of the violations ofthe City's Code of Ordinance, including but not limited to Fire Code violations, must be remediated to reopen the building. Copies ofthe code, inspection photos, HVAC audit, inspection reports and scope of work are on file in the Planning/Code Enforcement office. REGULAR MEETING JUNE 5, 2025 VOLUME 29 PAGE 470 CASCADES MOUNTAIN RESORT Hendersonville Hospitality LLC 201 Sugarloaf Rd, Hendersonville NC 28792 PINS 9579561085 Nonresidential. Property Maintenance and Repair Nonresidential Property Maintenance Code Non- Authorized under NCGS 160D-1129 . Allowedtoa address" conditionst that ared apublici andi injurioust necessity top éxists publich tm repair, safely, hg Residential E PGES Investigation Complainta andH Hearing Code Review "safety or health ofo occupants orr members ofthe general publici is - E Repairo orv vacate ando close AdoplonandRecorthaton dfanordnanceifrepais: notmade Chapter 12 requires... Ordinance acated andc orderse closed enforcemento officertomaker repairs (flelien)orcauset buildingtobe . Ordinancerecorded.p - A and ans SEROCN ordinancet ifnotr repaired torepair in or a thes withins 90d days (if<50%)orc demolish Nonresidential Chapter 12Article Ill ofH Hendersonville Code of Ordinances Property Section 12-40: "Allr nonresidential buildings and Maintenance Code structures, includingt their premises, shallbe maintainedi in as state of goodr repair that prevents further decayf from wind, rain and external weather ands secures the! buildingt from any. unauthorized: admittance from humans, animals or birds. All nonresidentiall buildingsa and structures and their premises shall bef free of nuisances ands shall bef free ofa hazards to the safetyo ofo occupants, ardg other persons utilizingt the buildings ands structuresi includedt the premises or to pedestrians: and/or vehicles passingt thereby. The nonresidential buildinga and structure andt the premises shall be keptina conditiont thati ist not dangerous andi injurioust to thep public health, safety and welfare. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 471 Chapter 12/ Article IlI ofH Hendersonville Code of Ordinances Dilapidation, decay, unsanitary conditions or disrepair, which is dangerous to the health, safety and welfare of the occupants or other peoplei in the city; Inadequate facilities for egress to such an extent that there does not exist ata a minimum, sufficient operable doors thatt the! building can bee entereds safely ande exited in thes same manneri inc case of fire or panic; Defectss increasing the hazards ofi fire, accident PEANS other calamities; Lack ofa adequate ventilation, light, heating or sanitary facilitiest to such ane to endanger the health, Nonresidential safety or welfare Ee he occupants or other residents SPREC the city; Lack of proper electrical, heatingo or plumbing facilities Property which constitutes a health ora a definite safety hazard. Anyy violation oft the city fire prevention codev which Maintenance constitutesa condition which is unsafe and especially dangerous to life; Code Fire Prevention Code Section 110 - Unsafe Buildings IAI110.2 Evacuation. Thef fire code official or the fire department official in charge of an incident shalll be authorized to order the immediate evacuation of any occupied building deemed unsafe where such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-ent til authorized to dos so byt the fire code official ort thef fire department official inc charge of thei incident. a Enforcement February 14, 2024 o Date of Initial Inspection Timeline o CEO - KI Bragg and Fire Marshal N Young inspected the property ol Inspection prompted by a notice from Cascades' Water Department that all water was to be cut off to the building nitial Inspection o Inspection attended by Debi Smith - General Manager @ time of inspection o Inspection report was provided to the property manager via e-mail on 3/14/24 REGULAR MEETING JUNE5,2 2025 VOLUME 29 PAGE4 472 Enforcement December 4th, 2024 o Following repeated failed efforts to Timeline achieve compliance via a request to remedy approach a second inspection was conducted Cascades o CEO - KI Bragg and Fire Marshal. J. Gillespie inspected the property Re - Inspection o Inspection attended by' Vicky Navlani - General Manager @ time ofi inspection o Inspection identified various violations of City & Fire Code including but not limited too; Unpermitted work Blocked Exits Broken Windows Non-functioning HVAC December1 13, 2024 Enforcement o Aformal complaintv wasi issued byl Lew Holloway, in! his capacity as Chief Code Enforcement Officer Timeline Thec complaint compiledt the conditions observed duringthel Dec. 4thi inspectiona and establishedt that these were deemeda violation of Section 12-40 of the City Code, including! butr not limitedt too; Dilapidationa and! Decay Cascades Lack of adequate ventilation Inadequate egress Fire Code violations Complaint Broken glass Inadequate electrical wiring; improperlyinstalled Ana administrative hearingyv was scheduledf for January 3rd, 2025 toc determinet the validity of these violations. Enforcement January 8th, 2025 o Administrative Hearing held Timeline o Acontinuancet to address the violations wasr requested by the owners Jasmine Budhwani- - Company Officiali for Hendersonville Hospitality LLC requested Cascades a comprehensive site inspection with COH Hearing Fire Marshal and Code Enforcement Officer- this was set for 1/16/2025 The continuance was granted with the understanding that all repairs would be made within 30 days Enforcement e A! 5 hour comprehensive site inspection was performed by AFM Timeline John Gillespie and CEO Kathy Bragg with Jasmine Budhwani 1/16/2025 Inspection REGULAR MEETING JUNE5,2 2025 VOLUME 29 PAGE473 Enforcement February 13th, 2025 No presentation of repair work Timeline completed by owners Parties present: Continued o Daniel Heyman, Staff Attorney o Lew Holloway Community Administrative Development Director o Kathy Bragg - Code Enforcement Officer Hearing o Nathan Young - Fire Marshal OJ John Gillespie Assistant Fire Marshal O Andreu Philips - Counsel for Hendersonville Hospitality LLC Jasmine Budhwani was not present Enforcement February 28th, 2025 Timeline o Orderi issued requiring all corrections made by 3/28/2025. Items which neededt to be addressed: and presented serious life safety concerns included but not limitedt to; Order to Repair Exits chained and/or barricaded; egress eliminated Firea alarm systemi inoperable Sprinkler Systemi inoperable Fire Department Connection (FDC) blocked Smoke Detectors inoperable Electrical code violations (exposed and spliced wiring; including spliced appliance cords) The Ordert tol Repair was not appealed andt therefore establishes the conditions as of February 28th, 2025 3/28/2025 Enforcement Timeline o Site Inspection to reviewi fori full compliance was made byA AFM -John Gillespie and CEO Kathy o None of1 the serious life safety concerns Re-Inspection notedi in the Order tol Repair had been addressed April 11th, 2025 Enforcement o City Fire Marshall issues an Ordert to Evacuate Timeline o "Thef following violations constitute hazardous conditions that present Fire Closure imminent danger to building occupants.... o Notice was given to the Health Department and Building Inspections Department o Health Department Inspected Site ati this time REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 474 Enforcement April 14th, 2025 o Inspection of common areas conducted by Timeline Henderson County Building Inspection Department. Carbon Monoxide monitors missing Somet building permits have been pulled; County Building dates... o Applicants e-mailed scope of work to Inspection Building Inspector provided on Enforcement 6/2/2025 o Hendersonville Hospitaltity/Cascades: Timeline Mountain Resort representatives Chris Rivera - Consultant Vicky Navlani Manager Citys Staff present: Re-Inspection CEO - KathyE Bragg FM- -I Nathan' Young AFM- - John Gillespie Inspection lasted 3.5 hours inspected common areas, guest rooms and roof A site inspection was conducted by the County's Chief Building Inspector, the City's Code Enforcement Officer, the City's Fire Marshal and Assistant Fire Marshal. Chief Building Inspector Crystal Lyda conducted an inspection of the property on the common areas only for over three hours. She showed many issues that give a general overview of the inspection. There needs to be an additional inspection needed to cover all the rooms and to date, we have not received a request for an inspection. Kitchen: Panic Hardware not installed properly. NC General Contractor to evaluate. REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE4 475 Kitehen eet Herminationofwies: NCI Licensed Electrician to evaluate. Kitchen: Water leaking fom-floor: NC Licensed Plumber tolevaluate, REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 476 Kitchens Egress doorb blocked 2x4. NCLicensed General Contractort to evaluate. AVIT a Kitchen: Hole drilled through kitchen equipment. NC Commercial Kitchen to evaluate. ODART) Edge12 Slicer Cle Exercise Room: Room enclosed without proper permits and inspections. NC Licensed Sprinkler, Fire Alarm, Electrician, HVAC contractors to evaluate. a REGULAR MEETING JUNE5 5, 2025 VOLUME 29 PAGE 477 Hot Tub Equipment Room: Unapproved box fan used for ventilation. Drop cord ran at ceiling for box fan. NC Mechanical, Swimming Pool, and Electrician Contractors to evaluate. a Hot Tub Equipment Room: Electrical conduit broken at motor. NC Electrician to evaluate. Entire electrical bondingsypiengest tub equipment to be evaluated by licensed electrician. Equipment Room: Venting signs orr rosion Chemicals stored yt e: of vent. if is y. to E rop NES Licensed MMENT T luate REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 478 Boiler Room: Exhaust pipe offcentered. KO seals missing from 4x4 electrical box. NC Licensed Electrician and Mechanical contracor to evaluate. 2 Boiler Room: Milk crate, PVC pipe supporting pump. NC Mechanical to evaluate. Boiler Room: New electrical panel installed with electrical wiring. NC Licensed Electrician to evaluate. REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 479 7553 a ES Roof above boiler: NCI Mechanical Contractor to evaluate piping for corrosion. - oof: Vacuum cordo connectedt to high voltage electrical wiring. NC LicensedE Electriciant to evaluate. 3 E N 5 - oof: cord to e o 120/277 volt wall pack lights on the terior uSnS RTS Licensed an c poimo 2 E - - REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 480 Maintenanco Room Extension and to urge pro otector. NC Licen nsed oras DOR PES B a Outdoor Gable roof missing felt paper and shingles. NC General Contractor SPLSIS evaluate. Pool Equipment Room: Pump not bonded. NC Licensed Electrician to evaluate. REGULAR MEETING JUNE 5, 2025 VOLUME 29 PAGE 481 - Pool Equipment Room: Disconnect not bonded. NC Licensed Electrician to evaluate. Seth Swift with the Environmental Health Department gave the perspective from their view and some background. The city called us, and we did a quick review ofeverything. On the 11th we did suspend the permits. There were only three. Lodging, the pool/spa and the restaurant. The restaurant had not been open since 2023. They closed it, we did not. We suspended the permits immediately. Theoretically, if they get everything back together again, we could lift the suspension, but we would do new inspections. We do not do electrical or plumbing, we are strictly sanitation. Lew. Holloway explained that after those two inspections, our own staff, Code Enforcement Officer Kathy Bragg and Fire Marshal Nate Young and Assistant Fire Marshal John Gillespie inspected the property. REGULAR MEETING JUNE5,2 2025 VOLUME 29 PAGE 482 Code Enforcement Officer Kathy Bragg showed photos of what she found. - - - - E REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 483 e REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 484 REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 485 REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 486 Bragg Bragg Photos 06 36 REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 487 . Bragg! Photos 06.02.2025 Page39 Bragg Photos 06.02.2025 Page 40 REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 488 Bragg Photos 06.02.2025 Page 52 REGULAR! MEETING JUNE5,2025 VOLUME 29 PAGE 489 Fire Marshal Nate Young said back in November of 2023, I did an annual inspection on the building for which we wrote them up: for numerous violations. Wet tried to work with the manager at the time, Debbie. She continued to go down the same path of "yes we will take care of this" and nothing ever. happened. We did reinspections throughout 2024. On June 3, 2024, I issued a non-compliant to them for their sprinkler system being nonfunctional. The sprinkler system had water on: it but there were SO many deficiencies ini it that it needed to be corrected. Three days later, I gota a work order from Debbie signed saying that Pye Barker was going to start doing the repairs. I then spoke to Pye Barker who said they had never gotten such a document. So, she forged the document and sent iti to: me to get me offt their trail. From that point we did seventeen visits between June oflast year and June of this year trying to get them back into compliance. I worked with the previous manager, the new manager and the new maintenance gentleman SO going back to April 11th, we issued a Notice to Evacuate the building. Some ofthe pictures I am showing you are from earlier this week, andi they will: rebut some ofthe things that Ms. Lyda took pictures of two months ago SO you will see the condition that it'si in now. cg EDALID UM UwDa ls SNLI NEDILRG UPRCOTSSLALET REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 490 This is the backside of the deep fryer hood. This is a sprinkler head and Johson Controls has been in the building replacing sprinkler heads. They are about 90% done correcting sprinkler issues. The problem they ran into with these is that they caulked them andj painted them, which rendered them useless. This situation exists today after the corrections in about 95% of the rooms. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 491 This is their electrical room. Electrical rooms are not used for storage, especially with combustibles. They have a plethora of things inside the electrical room that need to be removed. One of which is the charcoal lighter fluid that is sitting on top of the cabinet. ae @e Picka HR NNE es GWE 8.3 KGS Sny KGS - B PEa y 3 Wp 4 BED Pt, 9 - Reo KGs KGg - REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 492 This condition is throughout the building. The smoke detectors have either been removed or have been replaced and they do not have any power SO as you walk into the building, all you hear is the beep ofa smoke detector. Some that have been replaced are saying "low battery, ?9 SO this condition exists in pretty much every room. This sprinkler has been replaced and there are gaps and holes around it that need to be fixed, and we also found about half a dozen heads that are brand new that are leaking. REGULAR: MEETING JUNE5,2025 VOLUME 29 PAGE 493 This is in the hallway outside oft the boiler room where they have taken the ceiling tiles out to do some work and have not put anything back. Again, if a fire gets in there, it can run up the ceiling and through the entire building. This is outside of the building. These are open wires that are randomly strown out into the air. On the other side, the rest of the light fixture is laid up over the other side ofthe roof with all the wires exposed to the open air. - REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE 494 This egress path, both doors are supposed to have panic hardware on them. On the door that is open, there is panic hardware, but it is not functioning. The other door has throw bolts, SO in the event of an emergency, likely only one door will open. EXIT - : This is in the hot tub room. The spot on the right is water damage and mold. The spot on the left is where they have gone in and put a sprinkler head in that room and completely destroyed the drywall. REGULARI MEETING JUNE5, 2025 VOLUME 29 PAGE 495 This is where the box fan used to be. They removed the box fan and now we. have a gaping hole and that hole opens into the lobby SO any exhaust that is happening in that room is drifting into the lobby. Again, it has been almost two months and none of these conditions have been resolved. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 496 This is an air conditioner that is functioning sitting on the floor inside the room, running and condensating all over the floor SO the carpet is completely saturated. This is in a guest bathroom, exposed wires in the ceiling with no wire: nuts on them. I don't know if it has electricity to it or not and this is happening in about a dozen other rooms on the second floor. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 497 This is in the boiler room. This is open electrical. The cover has been removed and never been replaced. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 498 Ms. Lyda showed you this photo from back in April. This still exists and they are actively running the boilers SO this is just exhausting into the boiler room. REGULAR! MEETING JUNE5,2025 VOLUME 29 PAGE 499 This is in a guest room. This is a propane tank that is hooked up to a heater. I am not sure why this condition exists, but the propane tank and heater need to be removed immediately. I asked the manager three times to remove it while we were standing there and when we left, it was still in there. CRAF N This is a fire alarm panel and it is actively in trouble. It does not dial out. It does not report. Half ofthe devices in the building that are there are not in this panel sO I don't know where they go to. Wej pulled the "pull station" and it did absolutely nothing. So, as of today, I have still not issued ap permit for the fire alarm. We receievd plans that were insufficient. The scope of work that was provided to me by Johnson Controls said on the scope of work that it did not meet the code SO we returned the plans to them and advised them that they would need to give us a full set of engineered plans that would meet code. It has been over a month and a half and I have not received anything. This is in the elctrical room back inside the manager's office. Again we have a rat' s nest of wires just hanging out of an open ceiling where if a fire were to break out, anything could happen. It would run through the ceiling and go through the building. REGULAR MEETING JUNE5,2 2025 VOLUME 29 PAGE500 ilii This is another electrical room with an open ceiling. S 1 OD 1 a a We received a sprinkler inspection report from Johnson Controls. We did not solicite the report. Johnson Controls went out there to do an inspection and to get a baseline for where they were at. They provided us with that report which is in your packet. That report notes about 16 different deficiencies ranging from minor to major. One ofthe major things is because they have enhanced REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE501 and changed things over the years with the sprinkler system. It needs a new hydraulic calc plate which has to be part of this inspection for it to pass. As of yeseteray, Johnson Controls has not been back and has not been asked to sign any work orders. The inspection that we did, we noted mulitiple things such as the manager oft the building was living at the building at the time we went, on Monday. He was actively cooking in the kitchen and he has been adivsed that he will get trespassed if we catch him living in the building from this point forward. This has been an issue since the day we gave the notice of evacuation. We've been back a hand full of times trying to get people removed from the building. One other thing is the building in the back which they consider to be the annex is unsecured. We and the police department have run the unhoused out of there quite frequently. The day we issued the evacuation order, they secured the building and then we were there on Monday and the back door was wide open and anyone can wallk in. There is power and water in the building. That building has never had a certificate of occupancy. The building was] permitted and it went through rough-in inspections and that was where it laid. So historically, that building should never be occupied. Chris Rivera has talked to myself and Lew and has mentioned boarding up the building and we have said "please do" and that was well over a month ago and it still hasn't been done yet. The building needs to be secured and power and utiliteis removed to the point where noboday can get in there and live inside the building. Lew Holloway said based on the information presented and the continued existence of a variety of violations of our commercial maintenance code, you have a draft ordinance which we feel all of the violations contained therein still exist and we are asking city council to adopt an ordinance that recognizes that. In totality, the circumstances that have been shown represent a building that is unsafe and unfit for human habitation and the conditions therein jeopordize the health and safety of occupants or members of the general public if permitted to enter. The ordinance establishes that the building is ordered "closed, vacated and condemned" and that the enforcement office shall cause the note to be posted and remain closed until violations are corrected and abated or alternatively calls for repairs to be made SO the ordinance does authorize the code enforcement officer ofthe city to make repairs after aj period oftime. Repairs made must comply with applicable codes andi inspected by those with jurisdiction. Final inspection by the code enoforcement official. All inspectors must be permitted to enter all parts of the building as needed. Conclusion - Draft Ordinance As oft the date of the Ordinance, repairs haven't' been made Totality oft the Circumstances, Buildingi is unsafe and unfit for human habitation, and the conditions therein) jeopardize the health and safety of any occupants or members oft the generalpublic if permitted to enter Buildingi is ordered closed, vacated and condemned. Enforcement officer shall cause! building to! be closed, posted, and remain closed until violations are corrected and abated, ora alternatively cause repairs to be made. Repairs must comply with applicable codes and be inspected byt those withj jurisdiction Finali inspection by code enforcement official Alli inspectors must be permitted to enter. all parts of the building Building can only be occupied in whole ori in part after City Council adopts ordinance to allow occupancyi in whole or inj part. Costs are al lien. Overlaps Firel Marshall's evacuation order. Mr. Edney spoke on behalf oft the property owners saying that the owners live in Georgia and that is part of the problem, but they committed between $250,000-5300,000 out of their pocket now and then another $60,000 will have to be paid, but at least they're willing to do that. I ask that you postpone your decision until your July 2nd meeting to see how much they can get done in that amount of time. It is going to be shut down until iti is safe to go in there, but we need to get it open as soon as we can, SO they have some income coming back in. They are still making the mortgage payment. If you find the manager still living there, arrest him because he has no business being there. Water and electricity should be turned off. City Council explained that they have had plenty oft time to get things done and they are still not. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE502 The City Clerk confirmed this public hearing has been advertised in accordance with North Carolina General Statutes. The public hearing was opened at 9:16 p.m. There were no public comments. The public hearing was closed at 9:16 p.m. Council MemberJennifer. Hensley moved that City Council adopt an Ordinance to Order the Structure at 201 Sugarloaf Road be Vacated and Closed to Comply with the Standards of Chapter 12. Article II oft the City Code and to allow the Order of Conditions from February 28, 2025, apply to this order. A unanimous vote oft the Council followed. Motion carried. Ordinance #0-25-36 AN ORDINANCE OFTHE CITY OFI HENDERSONVILLE CITY COUNCIL TO ORDER THE STRUCTURE AT 201 SUGARLOAF ROAD BE VACATED AND CLOSED TO COMPLY WITH THE STANDARDS OF CHAPTER 12 ARTICLE III OF THE CITY CODE INRE: Hendersonville Hospitality, LLC 201 Sugarloaf Road Hendersonville, NC 28792 PIN: 9579-56-1085 WHEREAS, Hendersonville Hospitality, LLC (hereinafter the "Owner") is the owner of that real property located at201 Sugarloaf] Road, and! being more particularly described ini that deed recorded in Deed Book 3708 at page 653, Henderson County registry (hereinafter the "Property"); and WHEREAS, The Property is developed as a hotel/resort and includes two commercial structures. The structure with thep property address 201 SugarloafRdhas 62,977 square feet, suchs structurel hereinafter referred to as the "Subject Structure". There is a second structure located on the parcel that is currently vacant and includes 16,129 square feet, hereinafter "Subordinate Structure." WHEREAS, On or about December 4,2 2024, January 17,2025, January 24,2025, and February 12,2025, the Code Enforcement Officer of the City ofHendersonville (hereinafter called the "Code Enforcement Officer") pursuant to Chapter 12; Aliicle III; Sections 12-41 oft the Code of Ordinances of the City of Hendersonville (hereinafter called the. "Code"), and G.S. 160D-1129, conducted a preliminary investigation of the Subject Structure and documented evidence of violations oft the minimum standards contained in Sec. 12-40 oft the Code; and WHEREAS, The Code Enforcement Officer caused a complaint to be served upon the Owner and parties in interest stating the charges and giving notice of an administrative hearing; and WHEREAS, The Code Enforcement Officer held an administrative hearing on January 8, 2025 and) February 13, 2025 and based on the evidence submitted determined that violations oft the minimum standards contained in Sec. 12-40 of the Code exist and issued a written order, dated February 28, 2025, stating findings of fact in support ofthe determination ofthe violations, hereinafter "Enforcement Order"; and WHEREAS, The Enforcement Order further found that the violations of Sec. 12-40 of the Code will jeopardize the safety or health ofthe occupants ofthe Subject Structure ort the general public, and required the ownert toi repair the Subject Structure and the premises or otherwise vacate and close the Subject Structure no later than March 28, 2025; and WHEREAS, No appeal from the Enforcement Order was made pursuant to G.S. 160D-1208; and WHEREAS, The Owner, afterl having! been given ar reasonable oppoliunity to do sO, has failed to complete the remedial actions statedi in thel Enforcement Order, andt therefore the Owner as failed to take prompt corrective action; and WHEREAS, On April 11, 2025, the Hendersonville Fire Marshall ordered the Subject Structure to be immediately evacuated due to the presence of imminently dangerous conditions, hereinafter Evacuation Order"; and WHEREAS, subsequent to1 thei issuance ofthel Evacuation Order, six people were found to be occupying the Subject Structure an had to be ordered to leave by the Hendersonville Fire Marshall; and WHEREAS, the Owner was served with al notice for a public hearing before the City Council; and REGULAR: MEETING JUNE5, 2025 VOLUME 29 PAGE503 WHEREAS, the City Council held a public hearing concerning this matter on. June 5, 2025; and WHEREAS, the Code Enforcement Officer has requested the City Council ofthe City ofHendersonville to adopt an Ordinance ordering the Code Enforcement Officer to: (1) Cause the Subject Structure to be repaired, or otherwise may order the building to be vacated and closed, and (2) Cause to be posted on the main entrance of the Subject Structure, a placard entitled, "Notice of condemnation" with the following words: Notice is hereby given that this building is unfit for any use; the use or occupation of this building fora any purpose is prohibited and unlawful. Such building has been condemned under the building laws oft the State of North Carolina and the City of Hendersonville. "; and WHEREAS, the North Carolina General Statutes and the City of Hendersonville Code of Ordinances authorize City Council to take the legislative action to adopt such an Ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council ofthe,City ofHendersonville, North Carolina: 1. The City Council finds that: As ofthe date ofthis Ordinance, the Owner has not caused repairs to be made to the Subject Structure to comply with the Enforcement Order. In particular, the following conditions exist as oft the date of this Ordinance: a. Dilapidation, decay, unsanitary conditions or disrepair throughout thej property inside and outside the structure. b. Visible trash, soiled linens, soiled carpet, resulting in a foul smell emanating into the common hallway in one or more guest rooms, including room 1249, C. Evidence of bed bugs in one or more guest rooms, d. Broken windows on guest rooms exposing passersby in the common hallways to broken glass, e. Visible organic growth in the second-floor common hallways which appears to be mold or mildew, f. Emergency exit doors being blocked by furniture and debris, doors secured with metal bar, doors barricaded with wood, in particular in the ballroom and the kitchen, g. Lack of adequate heat throughout the commons area ofthe Subject Structure, h. Exposed wiring throughout the Subject Structure, in particular int the kitchen, FDC room, and second floor maintenance room, 1. Evidence ofimproper wire splicing throughout the Subject Structure, including appliance cords spliced onto lamps and secured with electrical tape, J. Numerous violations ofthe city fire prevention code which constitute a condition whichi is unsafe and especially dangerous to life. i. Improper use of extension cords, and extension cords run through walls as permanent wiring, 11. Burned outlets, 111. Inoperable sprinkler system, iv. Sprinkler heads obstructed with drop ceilings, V. No heat in sprinklered areas ofthe Subject Property, including the ballroom and kitchen, posing a freeze risk to the sprinkler heads and system, v1. FDC physically blocked with a locked gate, vii. Improperly wired power to FDC, viii. Inoperable exit signage, ix. Improperly wired exit signage leading to burned out wiring, X. Inoperable emergency lighting, xi. Openjunction boxes, xii. Inoperable fire alarm system, xm. Inoperable smoke detectors in rooms, xiv. Inoperable fire alarm manual pull stations, XV. Missing fire extinguishers and mounts, k. Garbage and solid waste located around the property not contained is approved waste receptacles. 2. Based on the totality ofthe circumstances, the City Council finds that the Subject Structure is unsafe and unfit for human habitation, and the conditions therein jeopardize the health and safety of any occupants or members oft the general public if permitted to enter, and therefore orders the Subject Structure be closed, vacated, and condemned. 3. Pursuant to G.S. 160D-1129, and Section 12-44 ofthe Code of Ordinances for the City of Hendersonville, the City Council hereby REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE504 orders the Code Enforcement Officer to: a. Cause the Subject Structure to be vacated and close or alternatively cause: repairs to be made; and b. Cause a Notice of Condemnation to be placed on the Subject Structure, to read as follows: 'Notice is hereby given that this building is unfit for any use; the use or occupation ofthis building for any purpose is prohibited and unlawful. Such building has been condemned under the building laws ofthe State ofNorth Carolina and the City ofHendersonville: I 4. The Subject Structure shall remain closed in its entirety and ineligible for occupation until all violations of Chapter 12, Aliicle III ofthe Code are corrected and abated. 5. No: repair shall be deemed complete until such time as such repair has been duly inspected by the appropriate City or County official having jurisdiction over such repair. For the avoidance ofdoubt, repairs governed by the NC State Building Code must be inspected and approved by the Henderson County Building Inspections Department; repairs governed by the North Carolina Fire Prevention Code must be inspected and approved by the Hendersonville Fire Marshall; and repairs governed by North Carolina public health statutes and accompanying administrative code provisions must be inspected and receive aj passing grade by the Henderson County Department of Public Health, Environmental Health Division; and all other violations cited in thel Enforcement Order must be inspected and approved by the Hendersonville Code Enforcement Officer. 6. After all repairs have been made, the Owner shall contact the Hendersonville Code Enforcement Officer and other City and County enforcement officials to request inspection for compliance with this Ordinance. The Owner shall permit access to all parts of the Subject Structure, including, without limitation, all rooms and common areas to: the Code Enforcement Officer and staff, Hendersonville Fire Marshall and staff, Henderson County Building Services Director and staff, and Henderson County Environmental Health Director and staff, or their respective designees. 7. The Subject Structure may only be occupied in whole or in part pursuant to an ordinance adopted by the City of Hendersonville City Council lifting or amending the restrictions contained herein. 8. Ifany occupant fails to vacate the Subject Structure, the Code Enforcement Officer may file a civil action in the name ofthe City to remove the occupant in accordance with the terms and requirements contained in G.S. 160D-1129G). 9. Pursuant to Sec. 12-44(e) ofthe Code and G.S. 160D-1129(), the amount of the cost vacating and closing the Subject Structure, and/or making the repairs, shall be a lien against the Property upon which the Subject Structure is situated. Such lien shall be filed, have the same priority and be collected as the lien for special assessment provided in G.S. 160A, Art. 10. The amount ofthe foregoing costs shall also be a lien on any other real property ofthe Owner located within the city limits except for the Owner's primary residence. This additional lien is inferior to all prior liens and shall be collected as a money judgment. Adopted this 5th day of. June 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved ast to form: /s/Angela S. Beeker, City Attorney REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE505 8. NEW) BUSINESS A. Annexation: Analysis and Advisement - Upward Road (4JS Produce and Apples LLC) (Flat Rock Cidery) (00-00-ANX) - Sam Hayes, Planner II Sam Hayes explained that the City ofHendersonville has conducted an annexation analysis for a satellite annexation of] PIN 9588-70-5815 and 9588-71-3183 located on Upward Road that is approximately 9.3 acres. 4JS Produce and Apples LLC (Flat Rock Cidery) (00-00-ANX) Annexation Analysis and Advisement City of Hendersonville City Council June 5th, 2025 Community Development!! Planning Division Sam Hayes/F Planner II Background 9588-70-5815 4JS Produces and PINs: AppleslLC 9588-71-3183 Acreage: 9.3 acres Request: Cidery and Tap Room Comprehensive Plan Analysis Employment and Industry Rural Residential Encourages industries such as Encourages development, low-density comprised residential of single- manufacturing,: agriculture, distribution, family detached homes on lots one acre offices, andr research and development. ors greater. Located along! highways and areas with Located int the eastern and western parts utility access with large available parcels. oft the city and ETJ. Conservation design, which includes more Majority of these areas will be served opens space ine exchanget for smaller by utilities. minimum lots sizes may bea a preferred approach. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE506 Commercial/Mixed Use Examples TII - Zoning Analysis Residential District One (R1) Commercial Highway Mixed Use( (CHMU) Allowable Uses:No retail othert than Manyusesi including light manufacturing with accessory produces stand and open air market. uses. Current production facility andt tap Caps number of residential units per acre depending on roomi is classified as agricultural ther required opens space.1 12 units per acre maximum production with ana accessory use with 60% open space provided + Residential density: 4 units per acre for Otherp properties are Business C-3 and CHMU single family. 12 units per acre for multifamily Adjacent uses include gas station/convenience: store, fasti food restaurants, ABCS Store, hotels Conditionali rezoning when 100 or more multifamily dwellings are proposed Staff Analysis Proposed use in Proposed use is Proposed use is better alignment with allowed by right allowed by rightin Henderson County's given the agriculture the city limits given 2045 use in the county the light Comprehensive Plan. zoning. manufacturing use. REGULAR MEETING JUNE 5, 2025 VOLUME 29 PAGE507 Annexation Options No Annexation Required but City Sewer Provided: + Project proceeds as presented Annexation Required and Sewer Provided and is allowed as an a. Project proceeds as presented under CHMU agricultural use in the R1 zoning district. zoning district. No Annexation with No City Sewer Provided: + Project proceeds as presented and is allowed as an agricultural use in the R1 zoning district. Council Member. Jennifer. Hensley moved Council not to moveforward in reviewing the annexation petition located at 925 Upward Road and owned by 4 JS. Produce Apples LLC (Flat Rock Cidery). The subject property will remain under. Henderson County zoning jurisdiction. Additionally, city sewer can be extended to the. subject property and ifthe applicant wishes to be annexed, he can do SO by petitioning the city for annexation, but it is not a requirement. A unanimous vote oft the Councilfollowed. Motion carried. B. Letter of Support for the City of Saluda Water System Merger Integration Assistance Grant - Adam Steurer, Utilities Director Adam Steurer explained that the North Carolina Department of Environmental Quality (NCDEQ) was previously awarded a MergerRegionalization Feasibility (MRF) study grant to the City of Saluda. The study investigated the challenges, benefits, and implications for the Saluda water system to merge, in part or in whole, to regionalize, or some combination thereof with the partnering utility Hendersonville. The. MRF study identified several needs/projects necessary for a merger of the Saluda water system into the Hendersonville water system. The identified needs/projects will also improve the resilience of the Saluda water system regardless of its ownership. Additional funding administered by NCDEQ is available for local governments for advancing regionalization efforts that improve utility system resiliency. The City of Saluda intends to request funding in an attempt to implement some of the needs/projects identified in the MRF study. A Letter of Support from the partnering utility, Hendersonville, is required for the funding application. The Letter of Support does not commit Hendersonville to act on a merger, in part or in whole, regionalization, or some combination thereof. Council Member Melinda Lowrance moved City Council to adopt the. Resolution by the City Council of Supportfor the City ofSaluda. Merger Integration Grant. A unanimous vote of the Councilfollowed. Motion carried. Resolution #R-25-49 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO SUPPORT THE CITY OF SALUDA MERGER INTEGRATION, ASSISTANCE GRANT WHEREAS, the City of Saluda is a current municipal wholesale Hendersonville water customer; and WHEREAS, the North Carolina Department of Environmental Quality (NCDEQ) previously awarded a MergerRegionalization: Feasibility (MRF) study grant to the City of Saluda. The study investigated the challenges, benefits, and implications for the Saluda water system to merge, inj part or in whole, to regionalize, or some combination thereof with the partnering utility Hendersonville; and WHEREAS, the MRF study identified several needs/projects necessary for ai merger of the Saluda water system into thel Hendersonville water system. Thei identified needs/projects will also improve the resilience of the Saluda water system regardless ofits ownership; and REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE 508 WHEREAS, additional funding administered by NCDEQ is available for local governments for advancing regionalization efforts that improve utility system resiliency. The City of Saluda intends to request funding in an attempt to implement some of the needs/projects identified in the MRF study; and WHEREAS, A Letter of Support from the partnering utility, Hendersonville, is required for the funding application. The Letter ofs Support does not commit Hendersonville to act on a merger, in part or in whole, regionalization, or some combination thereof. NOW THEREFORE, BE. IT RESOLVED by the City Council oft the City ofl Hendersonville, North Carolina that: 1. Authorize the City Manager, John Connet, to execute and submit a Letter of Support for the City of Saluda Merger Integration Grant. Adopted by the City Council of the City of Hendersonville, North Carolina on this 5th day of June, 2025. Barbara G. Volk, Mayor Attest: /s/Jill Murray, City Clerk Approved as to form: s/Angela S. Beeker, City Attorney C. Discussion Regarding N. Oak Street and 5th Avenue Intersection Jennifer Hensley, Mayor Pro Tem City Manager John Connet explained that Mayor Pro Tem Hensley requested a discussion regarding the installation of a traffic signal at 5th Avenue and N. Oak Street due to recent accidents. Public Services Director Brent Detwiler gave the following PowerPoint presentation. 5th and Oak Intersection Issues June. 52 2025 CRASH DATA Date Injury/Damage Cause DirectionTravelins Comments 7/23/2021 Property Damage Failure to Yield from Oak Vehicle stopped! but couldnt see North cross traffic 11/17/2021 Property Damage Failure to Yield from Oak Vehicle stopped but couldn't see South cross traffic 11/20/2021 Property Damage Failure to Yield from Oak Vehicle stopped! but didn't yieldt to North cross traffic 1/19/2022 Property Damage Failure to Yield from Oak South Vehicle didn nots stop at sign 10/13/2022 Property Damage Failuret to Yield from Oak North Vehicle didn not stop at sign 2/15/2023 Property! Damage Failure to' Yield from Oak Vehicle stopped! but didn't yieldt to North cross traffic 6/22/2023 Property Damage Failure to Yield from Oak Vehicle stopped! but didn't realize North cross traffico didnt stop 7/22/2024 Minor Injury Failure to Yield from Oak Vehicle stopped! but couldn't see South cross traffic 12/24/2024 Minor Injury Failure to) Yield from Oak Vehicles stopped but didn't yield to North cross traffic 4/8/2025 Property Damage Failure to Yield from Oak North Vehicle did not stop at sign 5/28/2025 Property Damage Failure to) Yield from Oak North Vehicle didn nots stop at sign REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE509 AC SAFE STREETS FOR WNG STEPS FOR DEVELOPING AS SAFETY PLAN SAFETY tb AFE TREETS COUNTERMEASURE 4 CVFRKC SS MnL LIBRARY E UBLEA ANDLOCAL AETNEEE DEVTLOP ForMorel Informa FRENCHB BRO GADRV -- CRASHTVPEINTERSECTON COUNTERMEASURE TYPE SIGNAGE / MARKINGS / FLASHERS Warnings signage ande enhancedp markinga alertd drivers KEY SELECTIONI FACTORS tochangingr roadwayconditions, PES STOPO controlledor signalizedir intersections. While thesel low-costt treatmentsa alone Visibility or conspicuitye enhancements ont thea approacht toad controlledi intersection: alert donott typically controlt traffic,t theyd doi increasev visibility ofthe thec drivert tos slow downa andpreparet tos stop. Additionalf features.s such as blank outs signs, hazardo orn roadwayf future. tellt the drivery whenc conditionsa arec changingf fora permittedt turning movement, such as restrictingle left orr right turns duringap pedestrianp phase whena actuated. SpecificC Countermeasures UrbanorRural CRF% Severity Cost Provide" "StopA Ahead" Pavement Markingsa at3-Leg! Intersection Rural 67 All SSs Provide" "Stop Ahead" Pavement Markingsa at4-Legl Intersection Rural 64 All $SS Actuated" "Prepareto to Stop" SignsinA Advancec ofUnsignalized Intersectiony with SightD Distancel Issues All 32 All sSS Introduce Stop Ahead pavementM Markingsf for AIIW Way Stop Contrelledintersection Rural 42 KA,B,C SSS Introduces StopA AheadPavementh Markingsf for Minor Roads Stop Controlledl Intersection Rural 8 K,A,B,C $S Installl LeftT Turny VieldB Blank Outs Sign Urban 15 All $s BeMHSPAHAFReeEV Markings Rural 74 All SSS Replaces Standards Stops Signy with Flashingl LEDS Stops Sign All 41 All SSS InstallA ActivatedA AdvanceV Warning Flashersf for Signal All 30 All SSS NCDOT GUIDANCE SUPPLEMENTAL GUIDANCE N/A PMAsASGw--EN: Systemic Appicationollow-Cost CAAEISRcANaNI Intersections (2021) Moony AHEA a STOP STOP STOP AHEAD RAFFIC I Proposed Treatments Consensus of Council is to place "stop ahead" markings on the road and using signs that say, syth Avenue Traffic Does Not Stop" and then doing a traffic study using MUTCD Manual on Uniform Traffic Control Devices to evaluate whether a traffic signal is necessary. Brent Dedtwiler suggested that we look at other intersections as well to make sure everywhere is safe. D. Appointment to the Fireman's Relief Fund - John Connet, City Manager Council Member Jennifer Hensley nominated Council Member Gina Baxter to the Fireman' 's Relief Fund. A unanimous vote ofthe Council followed. Motion carried. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE510 E. FY26 Special Appropriations Jenny Floyd, Management Analyst Council Member Lyndsey Simpson said I want to disclose that. I am currently engaged in performing work for the Boys and Girls Club of Henderson County. I have clarified with them that noj funds from the City can be used to payfor the work that I am doing for them. I would also like to disclose that I have not participated in the special appropriations processfor this non-profit; however, in order to avoid a possible conflict of interest, I request that the City Council permit me to recuse myselffrom voting on the special appropriations. for this non- profit. Council Member Melinda Lowrance moved that the City Council excuse Council. Member Simpson, from voting on the special appropriations for the Boys and Girls Club of Henderson County. Council Member Jennifer Hensley moved that the City Council approves the special appropriations) for the Boys and Girls Club of Henderson County. Council Member Melinda Lowrance. said I would. like to disclose that I have a role in the Henderson County Education Foundation. I have not participated in the special appropriations process. for this non-profit and request that the City Council permit me to recuse myself from voting on the special appropriations for the. Henderson County Education Foundation. Council Member Gina Baxter moved that the City Council excuse Council Member Lowrance from voting on the special appropriations. for the Henderson County Education Foundation. Council Member Lyndsey Simpson moved that the City Council approves the special appropriation, for the Henderson County Education Foundation. Council Member Gina Baxter: said. I would like to disclose that I have a role in the Children & Family Resource Center. I have not participated in the special appropriations process for this non-profit and request that the City Council permit me to recuse myselffrom voting on the special appropriations for the Children & Family Resource Center. Council Member Lyndsey Simpson moved that the City Council excuse Council Member Baxter. from voting on the special appropriations. for the Children & Family Resource Center. Council Member Lyndsey Simpson moved that the City Council approve the special appropriation, for the Children & Family. Resource Center. Council Member Lyndsey Simpson moved that the City Council approve the remaining special appropriation allocations as presented. REGULAR! MEETING JUNE5,2025 VOLUME 29 PAGE511 Special Appropriation) Requests Discretionary! Funding City Manager Appropriation Target S 155,000 Counci Organization 1 FY26Reque V Appropria Appropriation Available (25%0 of Buc 38.750 (1.250) Arts Councilo ofHenderson County. Inc. 14,135 2,600 BlueF RidgeL Literacy Council- Literacy 10,000 10,000 Boy's& Girl's Clubo ofH Henderson County 7,000 4,400 FlatRockF Playhouse Vagabonds School) 2,050 1210 Henderson County Education Foundation 4,000 3,200 Hendersonville Community Theatre 3,500 2,850 Hendersonville ShufleboardClub 1250 1250 Hendersonville Symphony 6,000 3,100 TeamECCO 2,000 1,600 TheH Hope Center ofH Hendersonville 5,000 4,540 YMCAOFW Western North Carolina 5,250 5,250 Sub-Total 60,185 40,000 Appropriation Available (75%0 of Buc 116.250 (1.870) AgribusinessH Hendersono CountylAgHC) 5,000 1800 BlueF Ridge Communityh Health Services 10,000 7,200 BlueF Ridgel Humane 5,000 2,900 Children&FamilyF Resource Center 10,000 4,400 Henderson County Council on Aging 21,000 9,100 Henderson CountyHabitatfor! Humanity 107,000 44,400 Interfaith Assistance! Ministry- Rent Asst. 75,000 20,420 MedicalLoan Closet ofH Henderson County 2,800 2,800 OnlyH Hope WNC 10,000 3,000 Safelight, Inc. 35,000 8,550 SL GerardHouse 3,000 1,750 TheN MediationCenter 1,500 700 Thrive 10,000 6,400 TrueF Ridge 10.000 4.700 Sub-Total 305,300 118,120 Total 365,485 158,120 Special Appropriation Requests- - Full Funding Council Organization FY26F Requests Appropriationl Henderson CountyE Economic InvestmentF Fund 50,000 Henderson CountyPartnershipi for Econ. Dev. 25,000 Henderson CountyF Rescue Squad 15,000 Merchant's andE Business Association 2,500 Mills RiverF Partnership 80,000 Total 172,500 9. BOARDS & COMMITTEES A. Appointment to Various Boards Jill Murray, City Clerk Animal Services Advisory Committee City Council Member Jennifer. Hensley moved that the City Council reappoint Melissa Vazquez to the Animal Services Advisory Board to a three-year term ending June, 2028. A unanimous vote ofthe Councilfollowed. Motion carried. City Council Member Jennifer. Hensley moved that the City Council reappoint Jean Greeson to the Animal Services Advisory. Board to a three-year term ending June, 2028. A unanimous vote oft the Councilfollowed. Motion carried. City Council Member Jennifer. Hensley moved that the City Council appoint. Joy. Edwards to the Animal Services Advisory Board to a three-year term ending June, 2028. A unanimous vote of the Councilfollowed. Motion carried. Blue Ridge ABC Board City Council Member Melinda Lowrance moved that the City Council reappoint Marcia Kane to the. Blue Ridge ABC Board to a three-year term ending June, 2028. A unanimous vote ofthe Councilfollowed. Motion carried. REGULAR MEETING JUNE5, 2025 VOLUME 29 PAGE512 City Council Member. Melinda Lowrance moved that the City Council reappoint Paul Bakke to the Blue Ridge ABC Board to a three-year term ending June, 2028. A unanimous vote of the Councilfollowed. Motion carried. Board of Adjustment City Council Member Lyndsey. Simpson moved that the City Council reappoint Rhona Reagen to the Board of Adjustment to a three-year term ending June, 2028. A unanimous vote of the Councilfollowed. Motion carried. City Council. Member. Lyndsey Simpson moved that the City Council reappoint Libby Collina to the Board of Adjustment to a three-year term ending June, 2028. A unanimous vote of the Councilfollowed. Motion carried. Business Advisory Committee City Council Member Jennifer Hensley moved that the City Council reappoint. Andrea Martin to the Business. Advisory Committee to a three-year term ending June, 2028. A unanimous vote ofthe Councilfollowed. Motion carried. City Council. Member Jennifer Hensley moved that the City Council reappoint Tiffany Lucey to the Business. Advisory Committee to a three-year term ending June, 2028. A unanimous vote of the Council followed. Motion carried. City Council Member Jennifer Hensley moved that the City Council reappoint Sarah Cosgrove to the Business Advisory Committee to a three-year term ending June, 2028. A unanimous vote ofthe Councilfollowed. Motion carried. City Council Member Jennifer. Hensley moved that the City Council reappoint Adam Justus to the. Business Advisory Committee to a three-year term ending June, 2028. A unanimous vote of the Councilfollowed. Motion carried. Downtown Mainstreet Advisory Committee City Council Member Lyndsey Simpson moved that the City Council reappoint Mark Paveo (Main Street) to the Downtown Mainstreet Advisory Committee to a three-year term ending June, 2028. A unanimous vote of the Councilj followed. Motion carried. City Council. Member Lyndsey Simpson moved that the City Council reappoint Phil Wilmot (7th Avenue) to the Downtown Mainstreet Advisory Committee to a three-year term ending June, 2028.. A unanimous vote oft the Council followed. Motion carried. City Council Member Lyndsey Simpson moved that the City Council appoint Sheryl Solomon (Main Street) to the Downtown Mainstreet Advisory Committee to a three-year term ending June, 2028. A unanimous vote ofthe Councilfollowed. Motion carried. City Council Member Lyndsey Simpson moved that the City Council appoint Jenny Breedlove (Main Street) to the Downtown Mainstreet Advisory Committee to a three-year term ending June, 2028. A unanimous vote oft the Councilfollowed. Motion carried. City Council Member Lyndsey. Simpson moved that the City Council appoint Herman Holt (At- Large) toi the Downtown. MainstreetAdvisory Committee to a three-year term ending June, 2028. A unanimous vote of the Councilfollowed. Motion carried. REGULAR MEETING JUNE5,2025 VOLUME 29 PAGE513 Tree Board City Council Member Lyndsey Simpson moved that the City Council appoint. Ariel Williams to the Tree. Board to fill an unexpired term which will expire in June, 2027. A unanimous vote of the Councilfollowed. Motion carried. City Council Member Lyndsey Simpson moved that the City Council appoint Clarence Oakman to the Tree Board to fill an unexpired term which will expire in June, 2027. A unanimous vote ofthe Council followed. Motion carried. 9. CITY MANAGER REPORT City Manager Connet said that we will be cancelling the June 28th meeting due to some vacations, and everyone will need coffee in the morning SO go by Dunkin Donuts between 7:30 a.m. & 9:30 a.m. Tomorrow is National Donut Day and HPD will be there passing out donuts. A. May 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 of budget from one appropriation to another within the same fund as a "budget adjustment. 2> City Council authorizes budget adjustments each year with the adoption ofthe annual budget ordinance (SECTION 4). This agenda item serves to fulfill the reporting requirements of both NCGS 159-13(b) and 159- 15 by providing City Council a summary of all amendments and adjustments occurring thus far in the fiscal year. FISCALY YEAR2024-2 2025/FY25) BUDGETAMENDME ENTSANDA DADJUSTMENTS TE E D ACCOUNTNUMBER ACCOUNTDEGHPTON EMISTINGBUDGET INCREASE DECREASE BUDGET DESCRIPTION APPROVED TYPE NUMBE 010-1300-5 521001 SuppliesandM Materials 131.045 31,400 9985 FOCKeames yes just 010-1500-534000 NenCaplaltavicmer 6500 31,400 37,.900 RoCKcamer:s ves Adjustm 010-1502- 010-0 01 NonCapitalE ransfer OuSOLE Equipm G2 2265.98 28,805 8.000 B000 2.2512 20.805 298 educt E 25) ECCO 8.000 Gran 40000 40,000 E 301-7855-5 102-62403 Capit 40,000 8.000 18,000 150200 150,0 58,000 134855 5.242.33 150000 58,000 58.000 124,835 12483 150.000 150,00 58,000 124835 182,835 852000 260154 832.000 260.15 - 1.040,000 384.989 832,000 592.989 50,000 50.0 000 150,00 150,000 1586926 376,00 686.0 76. - 306,520 306,620 VE 410-1 2.087.580 7,820 150,000 E 58 B 53499 ComtractedSen comtingeney 9464 8150 8.150 86514 PAC- Adm 010-10 34 PolsioniEEEENG 35,000 1.000 34,000 CIDDKESZO Trainine 7,000 1.000 .000 Shanahann 010-15 525 REMEquiom 15,000 1.763 16.765 CATr 01D:535368 REMTIucis 15,000 1,763 13.237 CATrepal 11. CITY COUNCIL COMMENTS 12. CLOSED SESSION City staffi is requesting a closed session to prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or oft the United States, or not considered a public REGULAR: MEETING JUNE 5, 2025 VOLUME 29 PAGE514 record within the meaning ofChapter 132 ofthe General Statutes and to consider the qualifications, competence, performance, character, fitness of an individual public officer or employee. At 10:00p.m. Council Member Lyndsey Simpson moved that City Council enter closed session pursuant to. NCGS S 143-318.11 (a) (1) and (6) to prevent the disclosure ofinformation that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes and to consider the qualifications, competence, performance, character, fitness of an individual public officer or employee. A unanimous vote ofthe Council followed. Motion carried. 13. ADJOURN There being no further business, closed session adjourned at 10:18 p.m. There being no further business, the meeting adjourned at 10:18 p.m. upon unanimous assent of the Council. Barba 1 - phk Barbara G. Volk, Mayor ATTEST: Sia Jill Clerk yuayy Murray, City