Board of Commissioners Meetings

56 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on March 20, 2024 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Wednesday, March 20, 2024, at 4:30 p.m., prevailing time, in the third floor Assembly Room of the Municipal Center, 222 First Street, Henderson, Kentucky. Mayor Bradley S. Staton called the meeting to order and announced the purpose of this public hearing is to consider rezone application #1155 with a revised master plan/development plan for an undeveloped section of Braxton Park. There were present Mayor Bradley S. Staton presiding: PRESENT: Commissioner Austin P. Vowels Commissioner Rodney Thomas ABSENT: Commissioner Robert N. Pruitt, Sr. Commissioner Nicholas E. Whitt ALSO PRESENT: Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. Dylan Ward, Assistant City Manager Mrs. Holli Blanford, Public Relations Director Ms. Megan McElfresh, Human Resources Director (Incoming) Mr. Josh Dixon, Fire Chief Mr. Steve Davis, Code Enforcement Administrator Mr. Matt Anderson, Fire Captain Mr. Doug Boom, Engineer Mrs. Donna Madden, Executive Assistant Mr. Travis Owens, Assistant IT Director Mr. Bill Raleigh, IT Support Specialist; Mr. David Wright, IT Network Administrator II Mr. Dwight Williams, Commissioner Candidate Mr. William L. “Buzzy” Newman, Jr., City Manager Ms. Jennifer Marks, Henderson/Henderson County Planning Commission Asst. Exec. Dir. Mr. Chris Hopgood, Applicant’s Attorney Mr. Brian Bishop Mrs. April Bishop Mr. Greg Billiter Mrs. Holly Billiter Mr. Charles Nunley Dr. Patrick Lake Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. Briscoe Edwards, Police Officer ________________________ MAYOR STATON stated the rules for giving testimony and asked that anyone wishing to speak, please sign in. The attorney/lead representative for each side will not be given a time limit for their testimony. All other parties will have three minutes to present information to the Commission. Commissioners are welcome to ask questions during the proceeding, then at the end after everyone has spoken, there will be time for additional questions. After the public hearing is closed, there will be no further questions or testimony. Please only approach the podium if you are called upon to approach the podium. Everyone who speaks will be sworn in. Each Commissioner has two motions in front of them. One to approve and one to deny the rezoning request. At the conclusion of the public hearing, the Mayor will ask for one of the  57 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on March 20, 2024 Commissioners to make a motion, and for one of the Commissioners to second the motion for a roll call vote. ________________________ DAWN KELSEY, City Attorney, read the special called meeting notice: “Rezone application #1155 with a Revised Master Plan/Development Plan submitted by H. Properties, LLC for the property located in the city of Henderson at Harpeth Glen Trace and Sand Castle Drive (PVA parcel ID #74-83), and contains approximately 12.218 acres per the Master Plan/Development Plan. Applicants have submitted a zoning change/map amendment application to amend the Development Plan originally approved with Rezoning #870. The Planning Commission held a public hearing on December 5, 2023, at the end of which it voted 7-2 to recommend the approval of the zoning map amendment application and instructed staff to prepare formal Findings of Fact supporting the recommendation. Then, on January 3, 2024, the Planning Commission voted unanimously 8-0 to adopt the Findings of Fact to approve Rezoning Application #1155. Afterward, eight effected property owners requested that the Board of Commissioners decide the zoning map amendment. Today’s hearing is for you, the Commission, to decide on the Rezoning Application #1155. Each Commissioner has been provided a copy of the applicant’s zoning map amendment application, the Planning Commission staff report, and KRS 100.213 for reference. The amended Development Plan shows the development of new single-family housing lots at Harpeth Glen Trace and Sand Castle Drive. The original Development Plan allowed for some of the lots to be used for townhouses. The amended Development Plan does restrict the development to single family development. The back section of the property is zoned R-2, which is in orange, and the yellow section is zoned R-1. The section zoned R-2 was rezoned from R-1 with Rezoning #870 with Development Plan in 2003. That section is already zoned R-2. The Development Plan approved with that rezoning consisted of the addition of thirty-four (34) new, single-family home lots at the end of Harpeth Glen Trace and at the end of Sand Castle Drive. The 2003 Development Plan was noted to potentially add townhouses to some of the lots. Although that note has now been removed in the proposed Revised Master Plan/Development Plan, the developer has noted under General Notes #9 that all lots shown are for single-family use only. The proposed revised Plan shows that the lots in the area along what was at the time Essex Drive are smaller than originally approved in the 2003 Plan, but all of the requirements of the R-2 zone will be met, being that all the lot sizes are sufficient for what the zoning ordinance requires for R-2 zoned properties.” ________________________ PUBLIC HEARING: “Rezoning #1155 with a Revised Master Plan/Development Plan” MAYOR STATON declared the Public Hearing to order at approximately 4:43 p.m. CHRIS HOPGOOD, Attorney for the applicant, H. Properties, LLC, presented in favor of the rezoning request: BRIAN BISHOP, (as a private citizen and not representing the Planning Commission) representing several area residents, presented concerns relating to the rezoning. Mr. Bishop submitted Exhibit #1 during the public hearing “Relevant Information Regarding Rezoning with 1155 (Legal Reasons why the Board CANNOT approve).” The following persons spoke of their concerns: Greg Billiter April Bishop Patrick Lake 58 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on March 20, 2024 Mr. Billiter submitted Exhibit #2-an unsigned copy of Protective Covenants, Conditions, Restrictions and Easements Affecting Property of Braxton Park Subdivision. OTHERS CALLED to testify/comment and/or to answer questions: Jennifer Marks Steve Davis William L. “Buzzy” Newman, Jr. WITH NO FURTHER COMMENTS OR QUESTIONS, Mayor Staton declared the public hearing closed at approximately 6:24 p.m. . ________________________ MAYOR STATON requested a motion for either approval or denial of the rezoning. MOTION by Commissioner Vowels, seconded by Commissioner Thomas, to approve Rezoning #1155 with a Revised Master Plan/Development Plan and Narrative Development Plan-submitted by H. Properties, LLC, for the property located in the city of Henderson at Harpeth Glenn Trace and Sand Castle Drive (PID#74-83), containing approximately 12.218 acres, per Master Plan/Development Plan; that the matter be tabled until the next regular meeting; that the public hearing not be reopened at the next meeting (that no additional public comments will be heard at the next meeting)’ that the recommendation will not be reconsidered at the next meeting; and, that this vote not be considered final action. This motion is regarding the Applicant’s request for a Zoning Change/Map Amendment to amend the existing Master Plan/Development Plan approved in 2003, with smaller lots. The amended Master Plan/Development Plan shows the development of new smaller single-family only housing lots at Harpeth Glenn Trace and Sand Castle Drive. The original Master Plan/Development Plan allowed for some of the lots to be used for townhouses. Both the amended Master Plan/Development Plan and the Narrative Development Plan restrict the development to single- family only use/development with the addition of a land use restriction that all houses constructed in the R-2 zone included in this Master Plan/Development Plan will be no smaller than 1400 square feet of livable space. COMMISSIONER VOWELS indicated that it is important to note that the developer desires to develop what the area needs at large. The developer made a lot of concessions, and while he understands Mr. Bishop’s concerns, affordable housing is needed and is within the City’s Code of Ordinances. The concerns about being blocked in due to the location of fire hydrants/fire hoses can be addressed outside of this action. COMMISSION THOMAS indicated that he agrees with Commissioner Vowels and this will be fulfilling a need for the community. He further indicated that he understands the concerns, but believes this will be a good balance and trusts that the developer will follow through and provide nice homes on all of the lots including those eleven smaller lots. MAYOR STATON indicated that before this hearing, he was leaning toward not having a public hearing because he has confidence in our Planning Commission to make good decisions. He indicated that he was glad that we did have the hearing to hear all of this good information presented and he encouraged the Fire Department to look at options for not having to block ingress/egress during a future event. Mayor Staton thanked Mr. Bishop, Steve Davis, Dawn Kelsey and Jennifer Marks for presenting information and answering questions that arose. The vote was called. On roll call, the vote stood: Commissioner Vowels Aye: Commissioner Pruitt Absent: Commissioner Thomas Aye: Commissioner Whitt Absent: Mayor Staton -------------- Aye:  59 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on March 20, 2024 WHEREUPON, Mayor Staton declared the motion passed and ordered that Findings of Fact and appropriate ordinance be presented at a future meeting of the Board of Commissioners. ________________________ MEETING ADJOURN: MOTION by Commissioner Vowels, seconded by Commissioner Thomas, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Vowels Aye: Commissioner Pruitt Absent: Commissioner Thomas Aye: Commissioner Whitt Absent: Mayor Staton -------------- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 6:35 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor April 9, 2024 ______________________ Maree Collins, CKMC City Clerk