Board of Mayor & Aldermen
Regular MeetingHendersonville, TN · April 26, 2022
Minutes
MINUTES OF REGULAR MEETING
APRIL 26, 2022
PAGEl
CITY OF HENDERSONVILLE
BOARD OF MAYOR AND ALDERMEN
MINUTES OF REGULAR MEETING
April 26, 2022, at 7:00 P.M.
101 Maple Drive North, Hendersonville, TN 37075
PRESENT
JANITE CLARY, MAYOR
PEG PETRELLI, VICE-MAYOR
STEVE BROWN, ALDERMAN
RACHEL COLLINS, ALDERMAN
ARLENE CUNNINGHAM, ALDERMAN
KAREN DIXON, ALDERMAN
RUSS EDWARDS, ALDERMAN
JONATHAN HAYES, ALDERMAN
LEEPETERSON,ALDERMAN
EDDIE ROBERSON, ALDERMAN
MARK SKIDMORE, ALDERMAN
JIM WATERS, ALDERMAN
JOHN BRADLEY, CITY ATTORNEY
ANNETTE HUNTER, CITY RECORDER DESIGNEE
ABSENT
LORI PHILLIPS, ALDERMAN
The meeting opened with prayer led by Les Chapman, Senior Minister of Hendersonville
Church of Christ and The Pledge of Allegiance led by Boy Scout Troop 413 from
Hendersonville First Baptist Church.
AGENDA
The April 26, 2022, BOMA Meeting was called to order by Mayor Jamie Clary.
Hayes moved; seconded by Dixon to approve the April 26, 2022, agenda.
Roberson moved; Hayes seconded to amend the agenda by grouping numbers 4, 5 & 6
under Item IX Other Agenda Items and adding a Capital Projects Report under Item X
Reports, Brief Committee Reports.
Clary noted the waiver of the 2-week waiting period on number 3 under Item VIII
Ordinances and Resolutions.
There was a unanimous vote to approve the amendment to the agenda with Phillips
absent.
Clary declared the motion carried.
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APRIL 26, 2022
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There was a unanimous vote to approve the agenda with Phillips absent.
Clary declared the motion carried.
PRESENTATIONS
There was a presentation of a Proclamation to Reid Autry, 8-year-old Team USA BMX
racer, who has excelled at his sport of BMX riding.
• Reid has been riding BMX and racing competitively since the age of three (3).
• Placed first in the USA BMX Carolina Nationals in South Carolina
• Qualified to compete in the UCI BMX World Championship event which is an
annual International Championship Competition to be held in France in July 2022.
• Reid will be representing Hendersonville and the USA in France.
There was a presentation of a Proclamation by Mayor Clary to recognize City Employee
Service. The categories, recognized in increments of five (5) years, ranged from five (5)
years of service up to forty-five (45) years of service. Alana Hibbler was present with
guests to receive her 10-year Service Award Presentation from Mayor Clary and
Administrative Services Director Jason Gallo and to represent all members of staff
receiving the recognition.
PUBLIC HEARING
Public hearing for Resolution 2022-19, to hear comments on a request by Justin Collier
to amend the Drakes Pointe Final Development Plan to reduce the 15-foot Landscape
Buffer Easement along the rear of Lot 36 to construct a pool and spa.
No one signed up to speak. Clary stated it would be considered later in the meeting.
Public hearing for Resolution 2022-21, to hear comments on a request by Cody
Rothwell to appeal the Hendersonville Planning Commission's decision to deny the
addition of Restaurant, Quick Service, Limited to Coffee Shop, to the List of Permitted
Used for Lot D of the Bluegrass Yacht & Country Club Final Development Plan.
Bill Geiger of 107 Apache Court addressed the Board and expressed his support for
Resolution 2022-21 stating he felt it would be a good use for the property. He stated he is a
little confused about the zoning and how it would be consistent with other zonings in
Hendersonville. He checked restrictions for the property recorded at the Register's Office
and found those restrictions do not prohibit a coffee shop.
Dr. Wayne McElhiney of 109 Belmont Circle addressed the Board with non-support for
Resolution 2022-21. His concern is the proximity of the business to the residential area and
the problems it would create for the residents. Concerns included the lights and noise from
the traffic, the outdoor music being played, trash pickup before 6 am, closeness of cars
passing on the access, the daycare nearby (increased traffic) and the name of the coffee
shop not being representative of the community.
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APRIL 26, 2022
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MINUTES
Waters moved; seconded by Cunningham to approve the April 12, 2022, minutes.
There was a majority vote 11-1 to approve the minutes with Phillips absent and Skidmore
abstaining.
Clary declared the motion carried.
CITIZENS' COMMENTS
Mayor Clary read the guidelines for public comments.
Robert Little of 314 Raindrop Lane-addressed the Board with three (3) issues/concerns.
• Drainage problem since 2010. The flood waters in 2010 broke through a rusted
drainpipe. In September of 2010 Mr. Little received an email response stating it was
on the shortlist to be repaired soon. Thirteen (13) years later, the problem has not
been resolved. Mr. Little passed around photos of the drainage issues.
• White line down Creekwood Lane-Why? It is a dead-end street. He was told it was
to slow traffic down. It was brought before Public Works that Scotch Street in front
of Whitten Elementary needs one and does not have it.
• Vietnam Vets and New Shackle has more than three (3) times the accidents than the
rest of the City. Businesses at Glenbrook were given a variance to build even
though they were in the flood plain. Mr. Little's concern is when the City starts
approving Stop 30 rezoning, they will be given a variance as well as it is located in
a flood plain.
CONSENT AGENDA
None
ORDINANCES AND RESOLUTIONS
The caption was read for Resolution 2022-19, resolution to amend the Drakes Pointe Final
Development Plan, to reduce the 15-foot Landscape Buffer Easement along the rear
of Lot 26 to construct a pool and spa.
Peterson moved; Roberson seconded to approve Resolution 2022-19.
The rules were suspended without objection to allow Timothy Whitten of the Planning
Department and the applicant to speak.
Whitten explained that the development of the subdivision was approved with a fifteen
(15)-foot landscape easement to preserve trees. Swim World obtained a permit for the
pool and spa with the fifteen (15) foot setback listed. During construction it was
discovered that the pool substantially encroached on the setback. Staff determined the
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APRIL 26, 2022
PAGE4
only option to move forward was to petition the Planning Commission to obtain a
variance by submitting a Final Development Plan Amendment with the encroachment of
the pool being seven (7) feet into the easement and the spa encroaching an additional
three and a half (3 ½) feet into the easement. The Planning Commission unanimously
approved but required it move on to BOMA. The General Committee recommended
approval to BOMA, and the HOA also approved it.
Brown, Hayes & Roberson voiced their support for the Resolution. Brown requested of
Planning that in the future swim companies be monitored more closely, whether that
was through inspections or otherwise, to follow the rules.
There was a unanimous vote to approve the motion with Phillips absent.
Clary declared the motion carried.
The caption was read for Resolution 2022-21, a resolution to appeal the Hendersonville
Planning Commission's decision to deny the addition of Restaurant, Quick Service,
Limited to Coffee Shop, to the List of Permitted Uses for Lot D of the Bluegrass Yacht
& Country Club Final Development Plan.
Hayes moved; Cunningham seconded to approve Resolution 2022-21.
Clary explained that this resolution would be approving the zoning change.
Upon explanation Hayes was not comfortable with making the motion.
Cunningham moved; Peterson seconded to approve Resolution 2022-21.
Whitten suggested that the motion include to be approved with Staff Comments.
Discussion included on what basis did the Planning Commission deny the zoning
change. Whitten stated what he heard during the discussion evolved around the traffic
and noise from the squawk box generated by the use. The name of the establishment was
not a reason for denial.
The rules were suspended without objection to allow Cody Rothwell, Franchisee of Bad
Ass Coffee of Hawaii to speak.
Rothwell stated he and his wife were franchisee owners. Music would be played outside
on the patio but he had spoken with the HOA President of the bordering property and
asked him to give him a call if the music became a problem. Rothwell stated the
dumpster emptying is on a set schedule, and he will get on the same schedule with
Dollar General to not empty prior to six o'clock (6:00) am. The estimated car count is
250-350 per day. Dollar General has 600-700 per day.
Cunningham stated her support.
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APRIL 26, 2022
PAGES
Waters stated he had never challenged a Planning Commission decision and he would
not be voting against the Planning Commission. He also stated his dislike of the name of
the coffee shop and felt that did not fit the community. Waters stated he would not
support the zoning change.
Hayes expressed his concern for the noise from the microphones and speakers and he
had been back and forth with his stance. As much as he supports business and
commerce, he stated he could not support the zoning change.
Collins inquired how many feet away from Dr. McElhiney's property was the squawk
box. Rothwell stated it was sixty-seven feet. Whitten stated the drive-thru lane would be
closer than that.
Further discussion revealed that the squawk box is on the side of the building facing
Dollar General, not on the back of the building. There were no other examples that could
be recalled of businesses with a drive-thru that is this close to residential areas. There
was no traffic study done, there were only rumors of the daycare opening back up.
Collins supports Rothwell and his business, just not at this location.
Roberson stated he supports the original zoning of the Planning Commission and cannot
support the zoning change.
The motion failed 3-9 with Phillips absent and the following voting:
Aye: Cunningham, Dixon, Peterson
Nay: Brown, Collins, Edwards, Hayes, Petrelli, Roberson, Skidmore, Waters, Clary
Clary declared the motion failed.
The caption was read on first reading for Ordinance 2022-07, an ordinance appropriating
funds for the construction of a fire hall at 1342 Drakes Creek Road (Subject to approval by
the Board pursuant to Ordinance 2002-12).
Brown moved; Petrelli seconded a motion to approve Ordinance 2022-07 on first
reading.
Waters addressed Chief Bush asking how many stations currently have three (3) bays.
Station Three (3) has three (3) bays, Station Five (5) has two and a half (2 ½) bays. The
other four (4) stations have two (2) bays.
Discussion included reasons for having three (3) bays for the new Firehall Seven (7) to
be built. Chief Bush described each current station and how they operated and were
staffed and equipment housed in each. The difference in cost of building only two (2)
bays was $400,000.00. The third bay will allow response time to Autumn Creek,
Fountain Brooke and Durham Farms to be cut in half which would bring it closer to the
national average of four (4) to (5) minutes. Wards Five (5) and Six (6) will be serviced.
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The goal is to aid in safety of the citizens. The third bay would add service and reduce
response time to citizens. Sixty-three (63) % of 8600 calls last year were EMS related.
Cunningham noted that to build a partial bay in 2015 was $600,000.00. An additional
full bay can be built now for $400,000.00. She also noted the City has the funds to do
this as it stands. She supports Ordinance 2022-07.
Roberson supports Ordinance 2022-07 as well. Out of six (6) stations, three (3) house
ambulances. The county does not contribute toward the operation of the EMS. Station
Seven (7) will also service Ward 2 and Stop 30. If a third bay is built it would allow for
the Heavy Rescue truck to be put into service, equipped, and staffed. By utilizing the
Heavy Rescue it will save existing trucks. New trucks cost around $1.3 million. The
Heavy Rescue and Engine would rotate. The ability to move around in subdivisions is
becoming easier due to the engines now being built with shorter wheelbases. Low bid
came in at $5.27 million with a contingency of $75,000.00. The building of a third bay
will not prevent the Rugby restrooms from being built, having an adequate paving
budget nor hinder the ability to meet the Comptrollers suggested General Fund Balance.
Hayes supports the building of the third bay. He stated in the Ward 5 Townhall meeting
held recently at City Hall, the conversations concentrated heavily on the response time
for emergency services.
Peterson inquired if the $2.5 million bond from a couple of years ago was included in
the funds available; it is. He also verified that the City never received a guarantee from
Sumner County to help with the cost. Clary verified there was neither a ''yes" or "no"
answer and he would continue to communicate with the County on that aspect.
Collins stated Ward 5 will be heavily impacted. She supports the third bay. Planning for
what has happened five ( 5) and ten ( 10) years ago needs to be discontinued. Planning
needs to begin for ten (10)- fifteen (15) years ahead.
Petrelli stated Public Safety being the number one priority has been her goal. She called
the question, but no one was in the cue to speak.
There was a unanimous vote to approve the motion with Phillips absent.
Clary declared the motion carried.
OTHER AGENDA ITEMS
The following were considered and voted on as a group.
• The appointment of Ken Franke to the Industrial Development Board.
• The reappointment of Robert "Bubba" Perry to the Board of Parks and Recreation.
• The reappointment of Mike Pike to the Board of Parks and Recreation.
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APRIL 26, 2022
PAGE7
Hayes moved; Dixon seconded to approve the appointment and reappointments to
respective Boards.
There was a unanimous vote to approve the motion with Phillips absent.
Clary declared the motion carried.
REPORTS
Brief Committee Reports:
Finance - Cunningham:
• Met on April 26, 2022
• Reading of Ordinance 2022-07, an ordinance appropriating funds for the construction of
a fire hall at 1342 Drakes Creek Road was recommended two (2)- one (1) to BOMA.
• Reading of Ordinance 2022-08, an ordinance approving the sale of surplus
City property near Fire Hall #5 for its fair market value was recommended unanimously
toBOMA.
• Reading of Resolution 2022-22, a resolution approving the issuance of Senior Living
Revenue Bonds for capital improvements to senior living facilities was recommended
unanimously to BOMA.
• March Sales Tax Analysis Report-Up month over month $250,000.00; Up YTD year
over year $1.67 million; Projections of finishing the fiscal year up $2.8 million over last
year.
• February Hotel Motel Tax Report-Steadily improving. $20,900.00 compared to last
year's $13,000.00
• Fiscal Year 2023 Budget Review-Reviewed only with Finance Director Robert
Manning. No changes were recommended.
• Fund Balance-Reviewed with COO Jesse Eckenroth
• Contingency Funds (Verbal Update)- Reviewed with COO Jesse Eckenroth. Details still
to be discussed.
Public Works - Skidmore-Reported by Roberson:
• Met April 26, 2022
• Fiscal Year 2023 Budget Review-There were a couple of suggestions for utilization
of State Street Aid funds for paving and the Stormwater budget was discussed among
other things. There was a brief report to update the Light Synchronization project. It
has not gone out for bid. The State had changes they wanted to make to the bid
document. The State has assured that will be completed in 2 weeks and will go out
for bid.
Capital Projects-Roberson
• Met on April 18, 2022
• Looked at GNRC funding-source for funding Capital Projects.
• State provides 80%; City provides 20%
• Staff brought recommendations to reprioritize the GNRC funding to the committee.
• The committee moved up four (4) projects in prioritization.
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PAGES
1. The Light Synchronization Project
2. The Sanders Ferry/Drakes Creek Bike Trail & Greenway
3. The Walton Ferry/Old Shackle Island Improvement-straightening
4. The Drakes Creek/Stop 30 Project-raising the intersection out of the flood plain.
• Staff is going back to the GNRC to try to obtain more money which will lower the
cost for the City.
• The Indian Lake widening has been delayed.
• The Rockland Road widening has been delayed.
• Agreed on locating the pickleball courts to be placed at Memorial Parks
• The pickleball courts and Rugby restrooms bids came in greater than expected. The
committee charged the staff to explore options to lower the costs.
Petrelli inquired of the cost of the pickleball project. It came in at over $1 million with
eight (8) courts, lights, and a new parking lot.
The committee wants to see the cost of four (4) courts, no lights, and a reduced size of
the parking lot.
The Rugby restrooms bid came in at $500,000.00
Chief of Operations Report-Eckenroth:
• Reviewed the Fund Balance in Finance Committee meeting
• The City met the Comptroller's recommendation for unrestricted funds according to
the FY 2021 audited financials and was able to put over $1.5 million in the prudent
reserve and $1.5 million in the infrastructure reserve.
• Received word today (4/26/22) from the TN State Comptroller that they concurred
with the ARPA funding plan of spending submitted to them.
Mayoral Report-Included in the packet.
Clary asked the Board members their availability for a Budget Workshop on May 9,
2022, at 5 :00 pm. Several were not available. Clary stated he would send an email.
Upon motion by Waters and second by Dixon there was a majority vote (11-0) for
approval to adjourn with Phillips absent and Edwards not voting. The meeting adjourned
at 8:47 .m.
~ ~g, City Record
Agenda
CITY OF HENDERSONVILLE
BOARD OF MAYOR AND ALDERMEN
April 26th, 2022, at 7:00 p.m.
101 Maple Drive North, Hendersonville, TN 37075
I. Call to Order by the Mayor
II. Acceptance of agenda
III. Presentations
A. Presentation of a Proclamation to Reid Autry, 8 year old Team USA BMX racer
B. Presentation of a Proclamation to recognize City Employee Service
IV. Public Hearing
A. Public hearing for Resolution 2022-19, to hear comments on a request by Justin Collier
to amend the Drakes Pointe Final Development Plan to reduce the 15-foot Landscape
Buffer Easement along the rear of Lot 36 to construct a pool and spa
B. Public hearing for Resolution 2022-21, to hear comments on a request by Cody
Rothwell to appeal the Hendersonville Planning Commission’s decision to deny the
addition of Restaurant, Quick Service, Limited to Coffee Shop, to the List of Permitted
Used for Lot D of the Bluegrass Yacht & Country Club Final Development Plan
V. Minutes
A. Approval of the April 12th, 2022, meeting minutes 3-8
VI. Citizens Comments
VII. Consent Agenda
VIII. Ordinances and Resolutions
Peterson 1. Reading of Resolution 2022-19, a resolution to amend the Drakes Pointe Final 9-25
Development Plan, to reduce the 15-foot Landscape Buffer Easement along the rear
of Lot 26 to construct a pool and spa
Peterson 2. Reading of Resolution 2022-21, a resolution to appeal the Hendersonville Planning 26-51
Commission’s decision to deny the addition of Restaurant, Quick Service, Limited
to Coffee Shop, to the List of Permitted Uses for Lot D of the Bluegrass Yacht &
Country Club Final Development Plan
Brown, 3. First Reading of Ordinance 2022-07, an ordinance appropriating funds for the 52-56
Cunningham, construction of a fire hall at 1342 Drakes Creek Road (Subject to approval by the
Petrelli, Board pursuant to Ordinance 2002-12)
Roberson, and
Skidmore
1
IX. Other Agenda Items
4. Vote on the appointment of Ken Franke to the Industrial Development Board 57
5. Vote on the reappointment of Robert “Bubba” Perry to the Board of Parks and 58
Recreation
6. Vote on the reappointment of Mike Pike to the Board of Parks and 59
Recreation
X. Reports
7. Brief Committee Reports:
1. Finance – Cunningham
2. Public Works – Skidmore
8. Chief of Operations Report
9. Mayoral Report (information included in packet) 60
XI. Adjournment
Information Re: Board/Committee Nominations for Next Agenda
A. Consideration on the appointment of Mahlon Hellman to the Board of Parks &
Recreation
Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822-1016 at least 24 hours
prior to the meeting.
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APRIL 12, 2022
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CITY OF HENDERSONVILLE
BOARD OF MAYOR AND ALDERMEN
MINUTES OF REGULAR MEETING
April 12, 2022, at 7:00 P.M.
101 Maple Drive North, Hendersonville, TN 37075
PRESENT
JAMIE CLARY, MAYOR
PEG PETRELLI, VICE-MAYOR
STEVE BROWN, ALDERMAN
RACHEL COLLINS, ALDERMAN
ARLENE CUNNINGHAM, ALDERMAN
KAREN DIXON, ALDERMAN
RUSS EDWARDS, ALDERMAN
JONATHAN HAYES, ALDERMAN
LEE PETERSON, ALDERMAN
LORI PHILLIPS, ALDERMAN
EDDIE ROBERSON, ALDERMAN
JIM WATERS, ALDERMAN
JOHN BRADLEY, CITY ATTORNEY
ANNETTE HUNTER, CITY RECORDER DESIGNEE
ABSENT
MARK SKIDMORE, ALDERMAN
The meeting was opened with prayer led by Regina Hall, Sr. Pastor of Good Shepherd
United Methodist Church in Hendersonville and The Pledge of Allegiance led by Brian
Davis and Boy Scout Troop 75.
AGENDA
The April 12, 2022, BOMA Meeting was called to order by Mayor Jamie Clary.
Waters moved; seconded by Dixon to approve the April 12, 2022, agenda.
There was a unanimous vote to approve the agenda with Skidmore absent.
Clary declared the motion carried.
PRESENTATIONS
None
PUBLIC HEARING
None
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MINUTES
Waters moved; seconded by Cunningham to approve the March 22, 2022, minutes.
There was a majority vote 11-1 to approve the minutes with Skidmore absent and Petrelli
abstaining.
Clary declared the motion carried.
CITIZENS’ COMMENTS
Mayor Clary read the guidelines for public comments.
Diane Johnson, 143 McKain Crossing addressed the Board with changes that have taken
and are taking place at the Hendersonville Public Library regarding structure of operation
of the library, staffing changes and salary adjustments. Ms. Johnson requested the Board to
protect the integrity of the Hendersonville Public Library.
Waters moved, Petrelli seconded a motion to extend the comment period two (2) additional
minutes for Ms. Johnson.
There was a unanimous vote to approve the motion with Skidmore absent.
Clary declared the motion carried.
Paul Guthrie, 161 East Harbor Drive addressed the Board with his concerns of speeding
in his neighborhood. He requested more Police presence and a speed study to be done.
He also requested that his subdivision roads be paved.
Pat Collins, Chiroc Road addressed the Board regarding early election dates, times, and
locations.
Ronnie Fox addressed the Board regarding the changes taking place in the Sumner
County Library system. He introduced Mr. Alan Morales as the new director of the
Hendersonville Library and explained the conversion of the library system in Sumner
County.
CONSENT AGENDA
The caption of Resolution 2022-12 was read, a resolution accepting the dedication of
streets in Durham Farms, Phase 1, Sections 8-10, Sections 12-14, and Sections 17-21.
The caption of Resolution 2022-15 was read, a resolution accepting the dedication of streets
in Lake Harbor, Section 4.
The caption for Resolution 2022-16 was read, a resolution accepting the dedication of streets
in Durham Farms, Phase 1, Section 22, and Phase 2, Sections 24-25.
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PAGE 3
Robertson moved; seconded by Hayes to approve the items on the Consent Agenda.
There was a unanimous vote to approve the Consent Agenda with Skidmore absent.
Clary declared the motion carried.
ORDINANCES AND RESOLUTIONS
The caption for Resolution 2022-17 was read, a resolution authorizing the City to apply for
state grant funds from “Project Diabetes”.
Brown moved; Cunningham seconded to approve Resolution 2022-17.
There was a unanimous vote to approve the motion with Skidmore absent.
Clary declared the motion carried.
OTHER AGENDA ITEMS
There was a vote on the appointment of Mike Forester to the Deer Herd Monitoring and
Control Committee (Jim Flockencier, a ward 4 resident currently representing Ward 3,
will move into the Ward 4 seat. Mike Forester, a resident of Ward 3, will fill the seat for
Ward 3.)
Cunningham moved; Edwards seconded to appoint Mike Forester to the Deer Herd
Monitoring and Control Committee.
There was a unanimous vote to approve the motion with Skidmore absent.
Clary declared the motion carried.
There was a vote on the appointment of Rita Lea to the Facilities Naming Committee.
Hayes moved; Petrelli seconded to appoint Rita Lea to the Facilities Naming
Committee.
There was a unanimous vote to approve the motion with Skidmore absent.
Clary declared the motion carried.
REPORTS
Brief Committee Reports:
General-Brown:
• Accepted agenda
• Approved March 8, 2022, meeting minutes
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PAGE 4
• Resolution 2022-19, a resolution to amend the Drakes Pointe Final
Development Plan to reduce the 15-foot landscape buffer easement along the rear of Lot
36 to construct a pool and spa passed unanimously.
• Resolution 2022-21, a resolution to appeal the Hendersonville Planning Commission’s
decision to deny the addition of restaurant, quick service, limited to coffee shop, to the
list of permitted uses for Lot D of the Bluegrass Yacht & Country Club Final
Development Plan moved to BOMA in two weeks with a Public Hearing with no
recommendation.
• Reviewed and discussed FY23 Budget
• Discussed City Logo Licensing
Public Safety-Petrelli:
• Discussed FY 23 Police & Fire Department Budgets. Both Chiefs emphasized the 6%
COLA is important for retainage of Public Safety staff.
• Discussed Bid Openings for Fire Station 7-They are in.
Planning-Peterson-Given by Director Keith Free:
• Approved the following Final Plats:
1. Saundersville Station, Phase 8, Section 1 – Final Plat Renewal
2. Stonecrest, Phase 5, Section 2 – Final Plat Renewal
3. Stonecrest, Phase 5, Section 3 – Final Plat Renewal
• Denied the following FDP Add-Use:
1. Bluegrass Yacht & Country Club, Lot D (Bad Ass Coffee) – FDP Add-Use
(Restaurant, Quick Service, Limited to Coffee Shop)
• Recommended approval of the following FDP Amendment:
1. Drakes Pointe, Lot 36 (1046 Gadwall Circle) – FDP Amendment (Easement
Reduction)
• Deferred the following Final Development Plan:
1. Nearwater Place – FDP (requested by applicant)
• Approved the following Site Plans:
1. New Shackle Island Subway – Site Plan
2. Scooter’s Coffee – Site Plan
• Deferred the following Site Plan:
1. Hazel Path Mansion Pavilion – Site Plan Renewal (parking agreements)
• Approved the following Preliminary Plats:
1. Forest Park, Phase 1 – Preliminary Plat
2. Mayfair, Phase 2 – Preliminary Plat
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• Approved the following Resolutions:
1. Resolution 2022-02 – Lake Harbor, Section 4 Street Acceptance
2. Resolution 2022-03 – Durham Farms, Phase 1, Sections 8-10, 12-14, and 17-21 Street
Acceptance
3. Resolution 2022-04 – Durham Farms, Phase 1, Section 22, and Phase 2, Sections 24-
25 Street Acceptance
Finance-Cunningham:
• No Finance Committee meeting this month
• Local Sales Tax Collections through February 2022 (collected January 2022) was
$1.3 million, up by $60,000.00 year over year.
• The overall cumulative is up 27% year over year
• The projection for the end of year is $2.5 million additional.
Capital Projects-Roberson:
• April 18, 2022, at 6:00 pm, there will be a Capital Projects Committee meeting at
City Hall.
• Infinite needs, finite means.
• Staff will be giving options and asking for Committee’s priorities to be submitted in
the budget.
• Firehall 7
• Pickleball Facilities
• Rugby Restrooms
• Sanders Ferry Greenway
• Light Synchronization
Chief of Operations Report-Eckenroth:
• Thanks to Robert Manning for his work on the FY 23 Budget
• Budgets will be discussed at the next Finance and Public Works meetings
• Will try to compile FY 22 estimates before that meeting to disseminate to the whole
group.
• The Parks Department will be having a ribbon cutting at the inline hockey facility
April 16, 2022, at 10:30 am.
Roberson addressed Eckenroth with thanks for the Brookside solution he and City
Attorney John Bradley had worked on to be reported to the Board later.
Roberson read a statement regarding the paving, maintenance of and extending the life of
the roads in the City. He would like to propose a new way to maximize the paving
allocations for the maintenance of roads with multiple potholes and adopt a new
aspirational goal of a no pothole policy. The Public Works committee asked the staff to
bid out a contract for this new repair technique. A contractor has been selected. The
paving allocation for road maintenance and repair for this fiscal year can be used to hire
the contractor. Roberson asked Eckenroth to comment on his remarks, provide the funds
available in the current budget to fund the initiative and comment on the feasibility of
adopting an aspirational goal of a zero tolerance for potholes in the City and whether a
motion is needed to implement this policy immediately.
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Eckenroth responded that State Street Aid has multiple categories with a total operational
expenditure of $815,000.00 for FY 23. Within that, there are special projects for
$135,000.00 and $465,000.00 for maintenance of streets. Eckenroth agreed there was
method better than cold patching. The contract has been bid and is being worked
through, but not executed per Director Lock. If the Mayor and BOMA wants to include
that in the budget, implementation of that policy can begin. Eckenroth shared he feels it
would take 1-2 years perhaps several years to get the City in good shape and can
definitely work toward a no pothole initiative for the City. Eckenroth and Lock will meet
and see how much of FY 22 funds can be utilized toward the initiative. They will report
their findings to the Public Works Committee in two weeks.
Mayoral Report-Included in the packet.
Petrelli noted that Harbortowne was on the extensive list for a speed study. Director
Lock was thanked for the paving and lines on Rockland Road.
Upon motion by Peterson and second by Cunningham there was a unanimous vote for
approval to adjourn. The meeting adjourned at 7:44 p.m.
Approved: Jamie Clary, Mayor
Attest: Robert Manning, City Recorder
8
RESOLUTION 2022-19
Sponsor: Peterson
A RESOLUTION TO AMEND THE DRAKES POINTE FINAL DEVELOPMENT PLAN,
TO REDUCE THE 15-FOOT LANDSCAPE BUFFER EASEMENT ALONG THE REAR
OF LOT 36 TO CONSTRUCT A POOL AND SPA
WHEREAS, an application has been made to amend the Drakes Pointe Final Development Plan,
to reduce the 15-foot Landscape Buffer Easement along the rear of Lot 36 to construct a pool and
spa, owned by Justin Collier; and
WHEREAS, the Hendersonville Planning Commission, on April 5, 2022, recommended
approval of the above-described application and submitted the attached report:
WHEREAS, a Public Hearing has been advertised by mail to property owners within 250 feet of
the subject property and conducted by this Board on April 26th, 2022, and all comments being
noted at said hearing and upon the aforesaid and satisfactory evidence that the Development Plan
can lawfully be amended.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF MAYOR AND
ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE that the attached
Drakes Pointe Final Development Plan Amendment, to reduce the 15-foot Landscape Buffer
Easement along the rear of Lot 36 to construct a pool and spa, is hereby approved as
recommended by the Hendersonville Planning Commission on April 5, 2022.
ADOPTED, this the ________ day of _____________, 2022, in Hendersonville, Sumner
County, Tennessee.
APPROVED:
____________________________
JAMIE CLARY, Mayor
ATTEST:
__________________________________
ROBERT MANNING, City Recorder
Approved as to form and legality:
__________________________________
JOHN R. BRADLEY, City Attorney
9
RESOLUTION 2022-19
10
LEGISLATIVE HISTORY
Resolution 2022-19
Sponsor: Peterson
Committee: General
Date of Committee Reading: April 12th, 2022
Committee Recommendation: Yes
BOMA Reading: April 26th, 2022
11
DATE: April 26, 2022
ORDINANCE/RESOLUTION # Resolution 2022-19
A Resolution to amend the Drakes Pointe Final
SPECIFIC REQUEST/ Development Plan, to reduce the 15-foot Landscape
RECOMMENDATION: Buffer Easement along the rear of Lot 36 to construct a STAFF
pool and spa
REPORT
REPORT PREPARED BY: Keith L. Free, MLA, AICP, Planning Director
BACKGROUND: 1
See attached HRPC Staff Report dated April 5, 2022.
DISCUSSION: 2
The Hendersonville Planning Commission, at its April 5, 2022, meeting, recommended approval (8-0) to
the Board of Mayor and Aldermen of the Drakes Pointe Final Development Plan Amendment.
MOTION AND VOTE:
MOTION BY Evans, seconded by Altizer, to recommend approval to the Board of Mayor and
Aldermen of the Drakes Pointe, Lot 36 (1046 Gadwall Circle) – FDP Amendment, with all staff
comments as listed below. Altizer, Coker, Evans, Hardwick, Hasty, Longmire, Peterson, and
Silkwood voted aye. Nay: None. Abstained: None. Absent: Slatery. Motion carried. (8-0-0)
The project went before General Committee on April 12, 2022, and was approved (3-0):
MOTION AND VOTE:
Waters moved and seconded by Hayes. Majority vote for approval.
FISCAL IMPACT: 3
n/a
12
RESOLUTION #2022-19 2
ADDITIONAL INFORMATION / PHOTOS: 4
This property is located at 1046 Gadwall Circle, east of Harlequin Blvd., and on the north side of Gadwall
Circle, as identified by Sumner County Tax Map 138G A 036.00.
ATTACHMENTS: 5
• Resolution 2022-19
• Drakes Pointe, Lot 36 FDP Amendment (Easement Reduction) – HPC Staff Report
• Drakes Pointe, Lot 36 FDP Amendment (Easement Reduction) – HPC Approved 04-05-22
13
FINAL STAFF REPORT & COMMENTS
SUBMITTED TO: HENDERSONVILLE REGIONAL PLANNING COMMISSION
BY: CITY OF HENDERSONVILLE DEVELOPMENT REVIEW STAFF
AGENDA DATE: April 5, 2022
PROJECT # 22-027-001
PROJECT NAME: Drakes Pointe, Lot 36 (1046 Gadwall Circle)
PROJECT TYPE: FDP Amendment (Easement Reduction)
PROJECT LOCATION: 1046 Gadwall Circle, Parcel 138G A 036.00
WARD: Ward 6
STAFF REPORT
Swim World Pools (Jay Tucker) is requesting that the Planning Commission consider a request
to amend the Drakes Pointe Subdivision Final Development Plan to allow for the construction of
a new pool/spa to be located within the rear yard of 1046 Gadwell Circle (Lot #36).
14
Swim World Pools obtained a Zoning Permit to construct a pool on May 3, 2021, and the permit
listed the correct 15’ setback to keep the pool out of the Landscape Easement; however, the
pool was incorrectly placed on the property (within the Landscape Easement). Construction has
started, and the pool is approximately 60% complete (see letter dated May 14, 2022, from
Swim World Pools explaining the issue).
15
The Applicant is proposing to scale back the currently planned
pool deck to keep it 8’ off the rear property line and to install new
trees to add to the landscape buffer. A portion of the spa would
be located within the 8’ rear setback as proposed.
Drakes Pointe was approved as a Planned Development and Final Plat while it was located
within the Hendersonville Planning Region (2005-2006) and later annexed into the City of
Hendersonville (2008).
16
The Final Development Plan and associated Final Plat records a 15’ Landscape easement along
the rear of 1046 Gadwell Circle (Lot #36).
Drakes Pointe Final Plat (approved 2006)
Image from Drakes Pointe Preliminary and Final Development Plans (2005-2006)
17
On a letter from Planning Staff in October 2013, the following was stated regarding the 15’
Landscape Easement:
The Drakes Pointe HOA has approved the request by the Applicant to allow the proposed pool.
See copy of email, dated March 22, 2022, below:
The following is the Pool Permit Issued on May 3, 2021:
18
Changes to an approved Final Development Plan which exceed the changes listed in Chapter
8.8.4.2.A of the Hendersonville Zoning Ordinance shall require reapproval by the Planning
Commission and Board of Mayor and Aldermen. The following is from the Zoning Ordinance:
8.8.4.2.A | REVIEW BY THE PLANNING DEPARTMENT
The Final Development Plan shall be in substantial compliance with the approved
Preliminary Development Plan. Specifically:
1. The number of residences shall not increase by more than five percent (5%).
2. The square feet of non-residential building area (all floors) shall not increase by more
than fifteen percent (15%).
3. Other lot and building bulk standards shall not be made less restrictive.
4. Dwelling types, including the mix of dwelling types, shall be substantially the same.
5. Land uses (permitted uses) shall be substantially the same.
6. The street system shall be substantially the same or better.
7. Grading and infrastructure shall be substantially the same or better.
8. Open space, amenities, and overall quality shall be substantially the same or better.
9. The phasing plan and schedule shall be substantially the same.
10. For mixed use developments, the mix of commercial and residential shall be
substantially the same.
NOTE: “Substantially the same” or better shall be determined by the Planning
Department Director.
A good question to ask would be why such a seemingly small amendment to a Final
Development involves a Planning Commission and BOMA meeting with a public hearing at each
meeting. The reason is that Staff determined that Item #8 in 8.8.4.2A above could not be clearly
determined within staff authority.
Staff is comfortable if the Planning Commission determines this issue may have been within the
authority of Staff to approve, then this issue could be resolved at the Planning Commission and
not move forward to BOMA for their review. This determination would be helpful to provide
guidance on future similar requests regarding the construction of pools and decks within
identified Landscape Easements located within approved Planned Developments.
19
STAFF COMMENTS
PLANNING DEPARTMENT
1. Show the distance from the proposed spa from the read property line. It is not clear exactly
how far the spa will encroach into the 8’ rear setback line.
Submitted by Keith Free, MPA, AICP, Planning Director (March 29, 2022)
PUBLIC WORKS
1. Demonstrate how stormwater will be managed for the lot.
Submitted by Sarah Lock, PE, Public Works Director; and Stephen Winzenread, PE, Assistant
Public Works Director/Cit Engineer (March 31, 2022)
FIRE DEPARTMENT
1. No comments.
Submitted by Shane Nolan, Fire Inspector (March 31, 2022)
UTILITY DISTRICT
1. WHUD water and sewer.
Submitted by David Brigance, HUD Construction Supervisor (March 8, 2022)
20
211 West Eastland Ave.
Gallatin, TN 37066
(615) 452-POOL (7665)
Fax (615) 452-7111
www.swimworldpool.com
jaytucker@swimworldpool.com
March 14th, 2022
To Whom it may concern,
We are in the process of installing an inground pool and spa located at Elena and Justin Collier’s home at
1046 Gadwall Circle in Hendersonville, Tn. During the process of our normal city inspections, we learned
that the pool was located into the rear setback.
We have been installing pools in Sumner County for over 50 years and have built several of the pools in
this neighborhood. I am normally on the job when the pool is laid out before we dig, however due to some
family and personal health issues, I was not able to be there when the pool was started. I would typically
check these things, but did not. Our company works hard to take care of our customers and do the right
thing. If we make a mistake, we take care of it. I take full responsibility for this setback error.
The pool is currently 60% completed and the spa needs to be installed. The rear neighbors are more than
100’ from the property line. With the existing mature evergreens that are at the rear of the property and the
evergreens that are planned for the sides to screen the pool from each neighbor, I feel like the current
location of the pool would not negatively impact the neighbors. I am humbly asking for some grace and
an exception to allow us to continue to complete the pool and spa as it is located within the setbacks.
Thanks,
______________________
Jay Tucker
Swim World Pools
21
RESUBMITTAL
RECEIVED HRPC
APPROVED
03/17/2022
DATE: 04/05/2022
PLANNING *SEE MINUTES*
22
23
24
25
RESOLUTION 2022-21
Sponsor: Peterson
A RESOLUTION TO APPEAL THE HENDERSONVILLE PLANNING COMMISSION’S
DECISION TO DENY THE ADDITION OF RESTAURANT, QUICK SERVICE,
LIMITED TO COFFEE SHOP, TO THE LIST OF PERMITTED USES FOR LOT D OF
THE BLUEGRASS YACHT & COUNTRY CLUB FINAL DEVELOPMENT PLAN
WHEREAS, an application has been made by Cody Rothwell to add Restaurant, Quick
Service, Limited to Coffee Shop, to the List of Permitted Uses for Lot D of the Bluegrass Yacht
& Country Club Final Development Plan; and
WHEREAS, the Hendersonville Planning Commission, on April 5, 2022, denied (6-1-1)
the above-described application and submitted the attached report; and
WHEREAS, per Chapter 8.9 of the Hendersonville Zoning Ordinance, an Applicant may
choose to appeal the Planning Commission’s decision to the Board of Mayor and Aldermen. An
appeal heard by BOMA should also include a public hearing; and
WHEREAS, the Applicant requested an appeal of the Planning Commission’s decision
on April 7, 2022, in the attached letter; and
WHEREAS, a Public Hearing was advertised by mail on April 11, 2022, and conducted
by this Board on April 26, 2022, and all comments being noted at said hearing.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF MAYOR AND
ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE that the attached
amendment to the Bluegrass Yacht & Country Club Final Development Plan, is hereby
approved.
ADOPTED, this the ________ day of _____________, 2022, in Hendersonville, Sumner
County, Tennessee.
APPROVED:
____________________________
JAMIE CLARY, Mayor
26
R22-21
Page 2
ATTEST:
__________________________________
ROBERT MANNING, City Recorder
Approved as to form and legality:
__________________________________
JOHN R. BRADLEY, City Attorney
27
R22-21
Page 3
RESOLUTION 2022-21
28
R22-21
Page 4
LEGISLATIVE HISTORY
Resolution 2022-21
Sponsor: Peterson
Committee: General
Date of Committee Meeting: April 12th, 2022
Committee Recommendation: Moved forward with no recommendation
BOMA Reading: April 26th, 2022
29
DATE: April 26, 2022
ORDINANCE/RESOLUTION # Resolution 2022-21
A Resolution to appeal the Hendersonville Planning
Commission’s decision to deny the addition of Restaurant,
SPECIFIC REQUEST/
RECOMMENDATION:
Quick Service, Limited to Coffee Shop, to the List of STAFF
Permitted Uses for Lot D of the Bluegrass Yacht & Country
Club Final Development Plan REPORT
REPORT PREPARED BY: Keith L. Free, MLA, AICP, Planning Director
BACKGROUND: 1
See attached HPC Staff Report dated April 5, 2022.
DISCUSSION: 2
The Hendersonville Planning Commission, at its April 5, 2022, denied (6-1-1) a request by Cody Rothwell
to add Restaurant, Quick Service, Limited to Coffee Shop, to the List of Permitted Uses for Lot D of the
Bluegrass Yacht & Country Club Final Development Plan:
MOTION AND VOTE:
MOTION BY Hasty, seconded by Evans, to deny the Bluegrass Yacht & Country Club – FDP Add-
Use (Restaurant, Quick Service, Limited to Coffee Shop), with all staff comments as listed below.
Altizer, Coker, Evans, Hardwick, Hasty, Longmire, and Silkwood voted aye. Nay: Peterson.
Abstained: Hardwick. Absent: Slatery. Motion carried. (6-1-1)
Per Chapter 8.9 of the Hendersonville Zoning Ordinance, an Applicant may choose to appeal the Planning
Commission’s decision to the Board of Mayor and Aldermen. An appeal heard by BOMA should also
include a public hearing.
The property owner requested an appeal of the Planning Commission’s decision on April 7, 2022. Copy
attached.
Mailed notice will be provided to the property owners within 250 feet of the subject property prior to the
first reading at BOMA, per our 15-day public notice requirement.
The project went before General Committee on April 12, 2022, and was sent with no recommendation:
MOTION AND VOTE:
Waters moved and seconded by Hayes. Majority vote for to send with no recommendation.
FISCAL IMPACT: 3
n/a
30
RESOLUTION #2022-21 2
ADDITIONAL INFORMATION / PHOTOS: 4
This property is located east of Brittan Street, and on the south side of East Main Street, as identified by
Sumner County Tax Map 159E A 001.03.
ATTACHMENTS: 5
• Resolution 2022-21
• Bluegrass Yacht & Country Club FDP Add-Use Appeal – HPC Staff Report
• Bluegrass Yacht & Country Club FDP Add-Use Appeal – HPC Denied 04-05-22
• Public Comments via Email
31
Lauren Beery
From: Monte Turner <monte@turnerrealtynash.com>
Sent: Tuesday, April 12, 2022 4:29 PM
To: Lauren Beery; cody@landonbradley.org
Subject: Coffee meeting 6:00 tonight
Follow Up Flag: Follow up
Flag Status: Completed
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe.
Lauren, Cody,
Hope you two are doing well. I intended to attend the meeting tonight, but will be unable to do so. My Tuesday turned
a little crazy.
I was the developer for the Dollar General store adjacent to the subject property and can tell you from a retail synergy
perspective, the Coffee use would be very compatible and a welcome addition to the overall Bluegrass
development. Obviously, as the property owner, I’m biased somewhat but do believe the intended use would add some
life to the development and, assuming the Day Care is re-opened, would provide a great co-use/amenity for the parents
dropping off and picking up at the day care. We feel after reviewing the site plan, there is adequate storage/stacking
and are not concerned with increased traffic; again, from a retail perspective, we welcome it.
Please let me know if you have any questions or need to discuss anything further regarding this matter.
Monte Turner, CCIM
Turner and Associates Realty, Inc.
Development, Brokerage and Management
P.O. Box 150326
Nashville, TN 37215
615-383-7878 office
615-383-9878 fax
615-210-3644 cell
1
32
Lauren Beery
From: Ernie Congdon <m.congdon@comcast.net>
Sent: Saturday, April 16, 2022 9:22 AM
To: Lauren Beery
Subject: Bad Ass Coffee
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hello?
I heard Bad Ass coffee was coming to Hendersonville and would appreciate if it was approved.
Do many people are excited about it.
I am a resident of Gallatin but do most of my shopping In Hendersonville.
Thank you,
Mary Congdon
1136 Cavaletti Circle West
Gallatin Th 37066
Sent from my iPhone
1
33
Lauren Beery
From: carlenedolan@gmail.com
Sent: Saturday, April 16, 2022 8:50 PM
To: Lauren Beery
Subject: Coffee Shop
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
To whom this may concern,
Our family would love to see Bad Ass Coffee shop open here in Hendersonville. We are looking forward to it and hope to
see a shop open soon!
Thank you,
Carlene Dolan and family
Sent from my iPhone
1
34
Lauren Beery
From: Cody Rothwell <cody@landonbradley.org>
Sent: Thursday, April 7, 2022 2:55 PM
To: Lauren Beery
Cc: Lisa Swint; Scott Snyder; Kelly Smith; Bill Geiger
Subject: Appeal
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe.
Please find this notice as a request to file an appeal for the decision that was made on April 5, 2022 in regards to Bad Ass
Coffee of Hawaii.
Thank you,
Cody Rothwell
1
35
RECEIVED
03/04/2022
PLANNING
studio | shop. *HPC Denied 04/05/2022.
See Minutes.*
4 March 2022
City of Hendersonville Planning Department
101 Maple Drive North
Hendersonville, TN 37075
Bad Ass Coffee Final Development Plan Application Request for Additional Use
To Whom it May Concern-
Please accept this letter as a supplement to the above referenced Final Development Plan
Application for a proposed additional Use to the Bluegrass Yacht and Country Club Phase 2
Final Master Development Plan.
Project Description
Located at 537 E. Main Street in Hendersonville, the proposed Bad Ass Coffee will be a new,
stand-alone coffee shop consisting of exterior/interior café style dining as well as a drive-thru;
the site is approximately 0.87 acres and the proposed building is approximately 1,805 SF.
The proposed building design is rooted in the Bad Ass Coffee prototype which recalls the
notion of the Hawaiian island lifestyle where Bad Ass Coffee originated. The goal of Bad Ass
Coffee is to share American-grown, premium Hawaiian coffee as well as the warm hospitality
of the Aloha Spirit.
Proposed Use
Currently, the Bluegrass Yacht and Country Club Phase 2 Final Master Development Plan
permits Restaurant Full Service, up to 10,000 SF, but does not permit the Restaurant
subcategory of Restaurant Quick Serve. Bad Ass Coffee would be included in the Restaurant
Quick Serve category. More specifically, the Restaurant Quick Serve category could be
qualified further as Restaurant Quick Serve, Limited to Coffee Shop.
In terms of anticipated customer/traffic count, Bad Ass Coffee expects daily transactions to be
consistent with other, local quick serve concepts. Upon confirmation of the expected daily
transactions, this additional information will be furnished at a later date.
studio | shop. 1
studioshoparchitects.com
36
Conclusion
With the proposed Use being consistent with the immediate and broader context along E. Main
Street, Bad Ass Coffee respectfully requests the addition of the Restaurant Quick Serve, Limited
to Coffee Shop as an added Use under the subject Master Development Plan.
Please call with any questions.
Sincerely,
Kelly W. Smith, AIA, LEED AP©
Principal | Architect
720 232 6976
ksmith@studioshoparchitects.com
studio | shop. 2
studioshoparchitects.com
37
FINAL STAFF REPORT & COMMENTS
SUBMITTED TO: HENDERSONVILLE REGIONAL PLANNING COMMISSION
BY: CITY OF HENDERSONVILLE DEVELOPMENT REVIEW STAFF
AGENDA DATE: April 5, 2022
PROJECT # 22-024-001
PROJECT NAME: Bluegrass Yacht & Country Club, Lot D (Bad Ass Coffee)
PROJECT TYPE: FDP Add-Use (Restaurant, Quick Service, Limited to Coffee Shop)
PROJECT LOCATION: east of Brittan Street, and on the south side of East Main Street
WARD: Ward 5
STAFF REPORT
This site is located at 537 East Main Street, between Dollar General and Rainbow Daycare. It is
part of the Bluegrass Yacht & Country Club Final Development Plan, which is located between
East Main Street and the Bluegrass Landing residential subdivision. It is zoned General
Commercial, Planned Development (GC-PD).
38
Bad Ass Coffee is classified as Restaurant, Quick Service, which is not a permitted use in this PD.
Permitted uses are shown below:
Bad Ass Coffee is requesting to add “Restaurant, Quick Service, Limited to a Coffee Shop” to the
list of permitted uses for Lot D.
Conceptual Site Layout
39
The proposed building will be approximately 1,800 square feet and single-story.
While there are some aspects of the proposed layout that will need to be revised to conform to
Zoning Ordinance requirements, the proposed site layout generally conforms to the overall
internal street network laid out by the Final Development Plan.
If this add-use is approved by the Planning Commission, it will then have to go through Site Plan
review, where the layout will be refined to comply with the Zoning Ordinance and the FDP. The
FDP also has some specific design requirements pertaining to building design, and the proposed
Bad Ass Coffee building architecture must be refined to meet those standards and those of the
Zoning Ordinance as it goes through Site Plan review.
Conceptual Elevations
40
Conceptual Elevations
The Applicant also submitted a letter agreeing to work with Staff to address these initial
comments. They have also agreed to review possible notice concerns associated with the drive-
thru ordering kiosk location and nearby residential properties.
STAFF COMMENTS
PLANNING DEPARTMENT
1. Site Plan layout shall comply with all requirements of the Hendersonville Zoning Ordinance
and the Bluegrass Yacht & Country Club FDP.
2. Building design and materials shall comply with all requirements of the Hendersonville
Zoning Ordinance and the Bluegrass Yacht & Country Club FDP, including the following:
“All buildings shall be generally brick to grade with gabled roof lines.”
3. Provide minimum 7’ landscape strip at the perimeter of the west parking bay and the east
drive aisle, while maintaining a minimum of 5’ wide landscape bed on the west side of the
building.
Submitted by Timothy Whitten, RLA, AICP, Assistant Planning Director (March 25, 2022)
PUBLIC WORKS
1. Show East Main Street existing frontage improvements including sidewalk, curb/gutter, etc.
2. Label adjacent property owners and uses and shared access drives for Main Street.
3. Show concrete shared drive along frontage as existing.
4. Include a plan for proposed utilities, including proposed connections to existing.
41
5. Show existing detention and outlet structure.
Submitted by Sarah Lock, PE, Public Works Director; and Stephen Winzenread, PE, Assistant
Public Works Director/City Engineer (March 31, 2022)
FIRE DEPARTMENT
1. No comments.
Submitted by Shane Nolan, Fire Inspector (March 31, 2022)
UTILITY DISTRICT
1. No comments.
Submitted by David Brigance, HUD Construction Supervisor (March 8, 2022)
42
City of Hendersonville
101 Maple Drive North Hendersonville, TN 37075 Telephone (615)822-1000
www.hvilletn.org Fax (615)264-5364
April 7, 2022
Studio|Shop.Architects
Attn: Kelly Smith
1864 S. Leyden Street
Denver, CO 80224
RE: Bluegrass Yacht & Country Club Lot 1 FDP Add-Use (Project# 22-024-001)
To whom it may concern:
The FDP Add-Use for Bluegrass Yacht & Country Club Lot 1 was denied by the
Hendersonville Planning Commission on April 5, 2022.
Per Chapter 3.2.8 in the City of Hendersonville Zoning Ordinance, within one (1) year of
the date of denial, a subsequent application shall not be reviewed or heard unless there
is substantial new evidence available, or if a significant mistake of law or of fact affected
the prior denial. Such subsequent application then shall include a detailed statement of
the grounds justifying its consideration.
If you have any questions regarding this project, please feel free to contact us in the
Planning Department at (615) 264-5316.
Sincerely,
Caitlin Shinn
Caitlin Shinn
Planning Technician
cc. Cody Rothwell
Mayor Ward One Ward Two Ward Three Ward Four Ward Five Ward Six
Jamie Clary
Vice Mayor Mark A. Skidmore Lori Phillips Arlene Cunningham Steve Brown Rachel Collins Jim Waters
Peg Petrelli Peg Petrelli Lee Peterson 43
Russ Edwards Karen Dixon Jonathan Hayes Dr. Eddie Roberson
INITIAL SUBMITTAL
BLUEGRASS YACHT AND COUNTRY CLUB PHASE 2 RECEIVED
GALLATIN ROAD (U.S. HWY. 31-E)
03/01/2022
BAD ASS COFFEE
537 E. MAIN STREET, HENDERSONVILLE, TN 37075 PLANNING
*HPC Denied 04/05/2022.
See Minutes.*
PROJECT DIRECTORY
OWNER BAD ASS COFFEE - HENDERSONVILLE
537 E. MAIN STREET
HENDERSONVILLE, TN 37075
CODY ROTHWELL
CODY@LANDONBRADLEY.ORG
ARCHITECT STUDIO | SHOP.
1864 S. LEYDEN STREET
DENVER, CO 80224
KELLY W. SMITH, AIA, LEED AP
PRINCIPAL | ARCHITECT
720 232 6976
KSMITH@STUDIOSHOPARCHITECTS.COM
ZONING SUMMARY
EXISTING ZONING GCS PUD PROJECT SITE
PROPOSED ZONING GCS PUD
PROPOSED BUILDING DATA
PRELIMINARY/CONCEPTUAL SITE PLAN
GROSS FLOOR AREA 1,805 SF
HEIGHT - FEET 22'-6"
HEIGHT - STORIES ONE
PROPOSED PARKING TABULATION
REQUIRED PARKING 1/100 SF GFA (RESTAURANT, FAST AND QUICK SERVICE) = MIN. 19 SPACES
PROPOSED PARKING 31 SPACES
PROPOSED LOADING ONE (LOCATION TBD)
BULK DATA TABLE
PROJECT NORTH
BULK REGULATIONS GC PROPOSED NORTH
MINIMUM LOT AREA 10,000 SF 37,794 SF/0.87 ACRES
MAX. LOT COVERAGE 50% 23,745 SF/63% SHEET INDEX
MAX. BUILDING HEIGHT 45'-0" 22'-6" SHEET 1 OF 8 COVER SHEET
SHEET 2 OF 8 SITE PLAN
SHEET 3 OF 8 FLOOR PLAN
MIN. PERVIOUS 20% 14,049 SF/37% SHEET 4 OF 8 CONCEPTUAL RENDERING - VIEW FROM NORTHWEST
SHEET 5 OF 8 CONCEPTUAL RENDERING - VIEW FROM WEST
SHEET 6 OF 8 CONCEPTUAL RENDERING - VIEW FROM SOUTHWEST
MIN. FRONT YARD 30'-0" 22'-0" SHEET 7 OF 8 CONCEPTUAL RENDERING - VIEW FROM SOUTHEAST
SHEET 8 OF 8 CONCEPTUAL RENDERING - VIEW FROM NORTHEAST
MIN. SIDE STREET YARD 30'-0" N/A
MIN. SIDE YARD 0'-0" 1'-0" WEST/3'-0" EAST
MIN. REAR YARD 20'-0" 62'-0" (VARIES)
28 FEBRUARY 2022
COVER SHEET - SHEET 1 OF 8
44
BLUEGRASS YACHT AND COUNTRY CLUB PHASE 2
GALLATIN ROAD (U.S. HWY. 31-E)
BAD ASS COFFEE
537 E. MAIN STREET, HENDERSONVILLE, TN 37075
125'-3"
10'-0" P.U.D.E
20'-0" P.U.D.E.
60'-0"
MONUMENT SIGN
(11)
ACCESS EASEMENT
22'-0"
(13)
PRELIMINARY/CONCEPTUAL SITE PLAN
VAN
53'-4"
PROPERTY BOUNDARY 1,805 SF PROPERTY BOUNDARY
F.F.=0'-0"
BUILDING SETBACK 34'-0" BUILDING SETBACK
15'-0" 15'-0"
305'-3"
SERVICE COURT
12'-0"
METERS, STORAGE,
ETC. 10'-0"
18'-0" 24'-0" 10'-0"
9'-0"
10'-0"
10'-0"
24'-0" P.U.D.E
18'-0"
(7)
14'-11" TRASH
R2
0'-
0"
75'-3"
R3
4'
-1
1"
UNDIMENSIONED STORMWATER DETENTION EASEMENT
PROPOSED FIRE LANE EXTENSION,
CONNECT TO EXISTING BEHIND
DOLLAR GENERAL; LOCATION TBD
NORTH PROJECT
NORTH
1" = 16'-0"
28 FEBRUARY 2022
SITE PLAN - SHEET 2 OF 8
45
BLUEGRASS YACHT AND COUNTRY CLUB PHASE 2
GALLATIN ROAD (U.S. HWY. 31-E)
BAD ASS COFFEE
537 E. MAIN STREET, HENDERSONVILLE, TN 37075
D C B A
36'-0"
8'-0" 26'-0" 2'-0"
1
8'-612"
CAFE
2
14'-112"
PRELIMINARY/CONCEPTUAL SITE PLAN
CONDIMENT
3
54'-0"
BARISTA DRIVE-THRU
14'-8"
4
TOILET PREP
OFFICE
HALL
16'-8"
TOILET SCULLERY
JANITOR
5
SERVICE
COURT
12'-0"
6 NORTH PROJECT
NORTH
1" = 4'-0"
28 FEBRUARY 2022
FLOOR PLAN - SHEET 3 OF 8
46
BLUEGRASS YACHT AND COUNTRY CLUB PHASE 2
GALLATIN ROAD (U.S. HWY. 31-E)
BAD ASS COFFEE
537 E. MAIN STREET, HENDERSONVILLE, TN 37075
PRELIMINARY/CONCEPTUAL SITE PLAN
VIEW FROM NORTHWEST
28 FEBRUARY 2022
CONCEPTUAL RENDERING - SHEET 4 OF 8
47
BLUEGRASS YACHT AND COUNTRY CLUB PHASE 2
GALLATIN ROAD (U.S. HWY. 31-E)
BAD ASS COFFEE
537 E. MAIN STREET, HENDERSONVILLE, TN 37075
METAL STANDING SEAM ROOF
STRUCTURAL HEAVY TIMBER ROOF FRAMING
WOOD COMPOSITE RAINSCREEN SYSTEM
BRICK VENEER, STACKED
PRELIMINARY/CONCEPTUAL SITE PLAN
PRE-CAST CONCRETE COPING
CAST STONE VENEER PANELS
GALVANIZED CORRUGATED METAL PANEL
VIEW FROM WEST
28 FEBRUARY 2022
CONCEPTUAL RENDERING - SHEET 5 OF 8
48
BLUEGRASS YACHT AND COUNTRY CLUB PHASE 2
GALLATIN ROAD (U.S. HWY. 31-E)
BAD ASS COFFEE
537 E. MAIN STREET, HENDERSONVILLE, TN 37075
PRELIMINARY/CONCEPTUAL SITE PLAN
VIEW FROM SOUTHWEST
28 FEBRUARY 2022
CONCEPTUAL RENDERING - SHEET 6 OF 8
49
BLUEGRASS YACHT AND COUNTRY CLUB PHASE 2
GALLATIN ROAD (U.S. HWY. 31-E)
BAD ASS COFFEE
537 E. MAIN STREET, HENDERSONVILLE, TN 37075
PRELIMINARY/CONCEPTUAL SITE PLAN
VIEW FROM SOUTHEAST
28 FEBRUARY 2022
CONCEPTUAL RENDERING - SHEET 7 OF 8
50
BLUEGRASS YACHT AND COUNTRY CLUB PHASE 2
GALLATIN ROAD (U.S. HWY. 31-E)
BAD ASS COFFEE
537 E. MAIN STREET, HENDERSONVILLE, TN 37075
PRELIMINARY/CONCEPTUAL SITE PLAN
VIEW FROM NORTHEAST
28 FEBRUARY 2022
CONCEPTUAL RENDERING - SHEET 8 OF 8
51
ORDINANCE 2022-07
Sponsors: Brown, Cunningham, Petrelli, Roberson, Skidmore
AN ORDINANCE APPROPRIATING FUNDS FOR THE CONSTRUCTION OF A
FIRE HALL AT 1342 DRAKES CREEK ROAD
WHEREAS, the Capital Projects Committee of the City of Hendersonville, Tennessee
(“the City ”), has recommended that a three-bay fire hall should be constructed on City-
owned property with an address of 1342 Drakes Creek Road;
WHEREAS, the project has been designed and competitively bid for the purpose of
selecting a general contractor to construct the new fire hall;
WHEREAS, as a result of competitive bidding to this project, Boger Construction, Inc.,
has been recommended as the general contractor; and
WHEREAS, the City needs to authorize the funding for this project, and authorize the
Mayor to sign documents necessary for the project:
NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of
the City of Hendersonville, Tennessee, that an amount not to exceed $2,911,800 is hereby
appropriated from the General Fund to pay for the construction of a new fire hall, and
related expenses, on city-owned property at 1342 Drakes Creek Road. Further, the
Mayor is authorized to execute such documents as are necessary for this project,
including the execution of a contract with Boger Construction, Inc.
This ordinance shall take effect at the earliest date allowed by law.
1st Reading:
2nd Reading: APPROVED:
_____________________________
ATTEST: JAMIE CLARY, Mayor
ROBERT MANNING, City Recorder
APPROVED AS TO FORM:
____________________________________
JOHN R. BRADLEY, City Attorney
52
LEGISLATIVE HISTORY
Ordinance 2022-07
Sponsors: Brown, Cunningham, Petrelli, Roberson, Skidmore
Committee: Finance
Date of Committee Meeting: April 26th, 2022
Committee Recommendation:
53
DATE: April 26, 2022
ORDINANCE/RESOLUTION # Ordinance 2022-07
Consider approval of Ordinance 2022-07 to appropriate
SPECIFIC REQUEST/
RECOMMENDATION:
$2,911,800 to award a construction contract for Fire Hall
#7 with three bays
STAFF
REPORT
REPORT PREPARED BY: Jesse Eckenroth – Chief of Operations
BACKGROUND: 1
The city has six (6) fire halls and has developed plans for a 7th fire hall. The building plans for Fire Hall #7
were developed by Wold/HFR and have been reviewed by city staff. A notice inviting bids for the
construction of Fire Hall #7 was posted on multiple platforms, bids were received on April 7th.
DISCUSSION: 2
Six (6) bids were received for the construction of Fire Hall #7. The bids were comprised of a base bid and
an alternate bid. Bids prices, including the alternate option, ranged from $5,270,000 to $6,136,623. The
bid includes minor contingency funding of $75,000 and allows for a 300-day timeline, penalized at $500
per day for every day past 300 days. At the 04/18 Capital Projects Committee meeting a unanimous
recommendation was made to move forward with the construction of Fire Hall #7 with three apparatus
bays.
FISCAL IMPACT: 3
The low bid by Boger Construction is $5,270,000, additional management and materials testing of
$85,000 brings the total construction phase to a cost of $5,355,000. A $2,500,000 capital outlay note
was previously issued for the project and has an available balance of $2,443,200.24 after encumbered
design costs and an additional $51,240.24 from savings on the Fire Engine are accounted for. The FY22
budget will need a budget adjustment of $2,911,800 to fund Fire Hall #7
ATTACHMENTS: 4
Bid Tabs
54
Pursuant to the Invitation to Bid extended for
Bid Tab
Page of Signature required only by Presiding Official.
1 2 Others can be printed or typed.
Hendersonville Fire Station No. 7
Bids opened in How many Hendersonville, TN Presiding
2 Official
Hendersonville, TN addenda issued:
Contract Time bids and modifications must have been received here by Designer
represented by
Beth Meadows / J. Ray
300 days 2:00 p.m. local time, Thursday, April 7, 2022
Liquidated Damages I, thus declare the bidding closed, and now will proceed to open Owner
represented by
Chief Bush
$500 per day and read bids and modifications which have been received.
Drug Add Bid Unit
Regulated Subcontractors Bidders (name, city, license number) Affvt Ack Secur Prices Base Bid ALTERNATE #1 Notes
Plumbing NK Mechanical Name
HVAC NK Mechanical Boger Construction
X X X X 4,875,000.00 395,000.00
Electrical Fast Electrical Contractors
Masonry Music City Tru Line Contractors City Hendersonville
Geothermal N/A License Number Base+A1,2,3,4=
67510
Roofing Meyers Brothers Roofing 5,270,000.00
Plumbing Name
HVAC C & C Contracting, LLC
NO RESPONSE
Electrical
Masonry City Russellville, KY
Geothermal License Number
48661
Roofing
Plumbing Name
R. W. Childrey General
HVAC
Contractor NO RESPONSE
Electrical
Masonry City Franklin
Geothermal License Number
76722
Roofing
Plumbing Doc Air Name
HVAC Doc Air Dowdle Construction Group
X X X X 5,752,000.00 384,623.00
Electrical Fast Electric
Masonry Mark I City Nashville
Geothermal N/A License Number Base+A1,2,3,4=
56735
Roofing Porter Roofing 6,136,623.00
Plumbing Doc Air, LLC Name
HVAC Woods Mechanical Contractors Fellowship Construction
X X X X 5,078,835.00 419,789.00
Electrical Lawson Electric Co.
Masonry R.E. Waller, Inc. City Bon Aqua
Geothermal N/A License Number Base+A1,2,3,4=
49297
Roofing Roof Solutions, LLC 5,498,624.00
Plumbing Parkway Construction Services Name
HVAC Woods Mechanical Contractors Olympian Construction Co.
X X X X 5,533,000.00 531,000.00
Electrical Lawson Electric Co. with letter of exclusions &
Masonry Carney Masonry, Inc. City Hendersonville qualifications
Geothermal N/A License Number Base+A1,2,3,4=
38925
Roofing Roof Choice, LLC 6,064,000.00
Plumbing Parkway Construction Services Name
W. E. O'Neil Construction Co.
HVAC Woods Mechanical Contractors
of TN X X X X 5,542,000.00 573,000.00 bid envelope listed license as
Electrical Extreme Lighting & Sound
City Brentwood
68297 / bid documents and state
Masonry R.E. Waller, Inc.
license list as 68397
Geothermal N/A License Number Base+A1,2,3,4=
68397
Roofing Mid South Construction 6,115,000.00
55 Page 1 of 2
Pursuant to the Invitation to Bid extended for
Bid Tab
Page of Signature required only by Presiding Official.
1 2 Others can be printed or typed.
Hendersonville Fire Station No. 7
Bids opened in How many Hendersonville, TN Presiding
2 Official
Hendersonville, TN addenda issued:
Contract Time bids and modifications must have been received here by Designer
represented by
Beth Meadows / J. Ray
300 days 2:00 p.m. local time, Thursday, April 7, 2022
Liquidated Damages I, thus declare the bidding closed, and now will proceed to open Owner
represented by
Chief Bush
$500 per day and read bids and modifications which have been received.
Drug Add Bid Unit
Regulated Subcontractors Bidders (name, city, license number) Affvt Ack Secur Prices Base Bid ALTERNATE #1 Notes
Plumbing Name
HVAC Southeast Contractors, Inc.
NO RESPONSE
Electrical
Masonry City Brentwood
Geothermal License Number
22182
Roofing
Plumbing White Flag Name
Wright Construction Services,
HVAC Woods Mechanical Contractors
Inc. X X X X 5,548,000.00 402,000.00
Electrical Fast Electric
Masonry Rey Carrillo City Nashville
Geothermal N/A License Number Base+A1,2,3,4=
70220
Roofing Mid South Construction 5,950,000.00
Plumbing Name
HVAC
Electrical
Masonry City
Geothermal License Number
Roofing
Plumbing Name
HVAC
Electrical
Masonry City
Geothermal License Number
Roofing
Plumbing Name
HVAC
Electrical
Masonry City
Geothermal License Number
Roofing
56 Page 2 of 2
57
58
59
Mayoral Report—Use of Car Allowance
April 7 – April 19, 2022
Festival Center Property
Glenbrook
Streets of Indian Lake
Café 393
Chamber office
Gene Brown Elementary School
Bluegrass Country Club
Cash Saver
Drakes Creek Park
Volunteer Park
ECC
Gallatin City Hall
County Administrative Office
ECC
Autumn Creek
Drakes Creek
60
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