Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING January 9, 2024, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT: JAMIE CLARY, MAYOR BOB GARZA, ALDERMAN MARK BURGDORF, ALDERMAN RACHEL COLLINS, ALDERMAN KAREN DIXON, ALDERMAN JANNA GARTON, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN LEEPETERSON,ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT: JIM WATERS, ALDERMAN, VICE- MA YOR; EDDIE ROBERSON, ALDERMAN The meeting opened with prayer and the Pledge of Allegiance led by Alderman Jeff Sasse. AGENDA The January 9, 2024, BOMA meeting was called to order by Mayor Jamie Clary. Garton moved; Skidmore seconded a motion to approve the January 9, 2024, agenda. Dixon moved; Garton seconded an amendment to apply the guidelines for Citizens Comments to the Public Hearing. There was no discussion. There was a unanimous vote to approve the amendment. Clary declared the motion carried. Collins moved approval to waive the two-week rule for Items #3, #4, and #5 . Clary explained since those items were on the agenda, an acknowledgement of the waiver is all that was needed. MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE2 There was a unanimous vote to approve the agenda as amended. Clary declared the motion carried. PRESENT ATIQNS There were presentations from HolidayFest. Larry Phillips presented the awards to the winners of the Cindy Lu Who Essay Contest who wrote about kindness. Those winners were as follows: Fourth Place Honorable Mention: Brinley Palace-Liberty Creek Third Place: Ivy and Natalia Jane-William Burris Elementary Second Place: Holland Merrick-Nannie Berry Elementary First Place: Neyland Sisco-Walton Ferry Elementary The Sleigh Bells Ring Christmas Parade Awards were as follows: Third Place: Masters School of Gymnastics-Hendersonville Second Place: Hickory Hills Alzheimer Special Care Center First Place: Women Supporting Women in Middle Tennessee The Best Performance-Hawkins Middle School Cheerleaders The Boat Parade Awards were as follows: Fourth Place: Jeff and Myrna Bachuran Third Place: Matthew Dunn Second Place: Ron and Wendy Wills First Place: Laura Trantham-TNT Water Sports There was a presentation of the Festival of Lights Awards by Kathy Paschal of the Beautiful HendersonviJle Committee. The winners were as follows: Reason For the Season-Floyd and Barbara Duvall-104 Natchez Drive Traditional-James and Stephanie McCrary-115 Timberline Drive Best Overall-Michael and Leslie Willis-I I I Laurens Way North Most Animated-Mike and Sandra Grogg-176 Luna Lane Honorable Mention- Allen and Stacey McGhan-535 Shute Lane Neighborhood Harmony-Wyncrest There was a presentation by Robyn Yang, Public Affairs Specialist with the Small Business Administration (SBA) regarding impacts of the December 9, 2023, tornado. Ms. Yang shared valuable information regarding the role of the SBA in disaster relief. She highlighted several loan options the SBA offers to homeowners, business owners, renters, and non-profit organizations. They assist with uninsured and under-insured losses. Ms. Yang explained the various types of loans the SBA offers, the interest rates and the corresponding potential amounts of award. She emphasized that FEMA applications should be submitted first as they may offer grants, then SBA applications second which may be MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE3 filled out online at sba. gov/disaster or in person at the temporary local office located at the Hendersonville Chamber of Commerce. PUBLIC HEARING There was continuation of a Public Hearing on Ordinance 2023-26, to hear comments on a proposed rezoning of properties and zoning ordinance text amendments that implements amended zoning requirements to reflect land use standards adopted with the passage of the Westlake at Hendersonville Land Use Plan. The guidelines for public comments were read by Clary. John Prentiss of 111 Airfloat Drive addressed the Board asking the Hendersonville Regional Planning Commission's (HRPC) original version of the Westlake Zoning be passed, not the version to be voted on at tonight's meeting. The biggest concerns for the peninsula is density, high rises, and hotels. Nathan Green of 167 Water's Edge Lane addressed the Board regarding the original HRPC's version of Westlake Zoning, echoing Mr. Prentiss desire to have that version approved as opposed to the version up for a vote tonight. Woods Drinkwater of 101 Spade Leaf Boulevard addressed the Board on behalf of The Grove at Waterford Crossing in favor of the latest version of the Westlake Zoning. Ingrid Korgemagi of 410 Archer Way addressed the Board and spoke in opposition of the zoning changes, specifically the allowance of up to a 45 ft. high structure to potentially be built. MINUTES Sasse moved; seconded by Peterson to approve the December 12, 2023, minutes as provided in the packet. There was no discussion. There was a unanimous vote to approve the minutes. Clary declared the motion carried. CITIZENS' COMMENTS No one signed up to speak during Citizen Comments. CONSENT AGENDA None MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE4 ORDINANCES AND RESOLUTIONS The caption was read for first reading Ordinance 2023-26, an ordinance to amend the Zoning Ordinance of the City of Hendersonville, Tennessee, and the accompanying zoning map to establish the Westlake Zoning Districts and associated Zoning Text Amendments; and other miscellaneous Zoning Text Amendments for the City. Clary noted a conflict of interest as he owns two properties within the area to be rezoned, but he will vote his conscience. Collins moved; Garza seconded a motion to approve Ordinance 2023-26. There was discussion in which Director Free explained Ordinance 2023-26. The Future Land Use Plan (FLUP) was adopted last year by the Planning Commission. The Zoning Ordinance changes are supported by the FLUP. When the Zoning Ordinance came to General Committee, there were questions such as will it create more density? No, it will not. It will in fact decrease potential of higher density residential development and more intense commercial development in general. One proposal that came out of the General Committee as a change to the zoning was the Waterford Crossing/Waterford Point area be changed to Multi-Family zoning from SR3. These are relatively similar in that under Old Town Residential (OTR) what is developed out averages approximately 14.5 units per acre. Multi-Family zoning under the new zoning allows approximately 15 units per acre. The property on which Kinder Heart Academy daycare resides, would be non-conforming based on the Planning Commissions recommended zoning. The proposal is to change it from SR3 to neighborhood commercial. The height of hotels was limited to two stories within an area bounded between Sanders Ferry Road and Walton Ferry Road and from Cages Road to Main Street. Under the HRPC original zoning recommendations, hotels would not be allowed. In the proposed zoning ordinance, the zoning would change to General Commercial in which hotels would be allowed with heights up to 45 feet. What came out of the General Committee proposed to eliminate limitations on hotels. Director Free feels with the proposed plan there will be more re-investment in current homes as SR3 areas will provide more protection for the single-family homes. They will be able to grow within the character of the existing area. The proposed plan does not increase residential development, it adds additional protection. The OTR change a couple of years ago reduced the number of units from 15 to 5. The proposed zoning changes further protects and reduces growth, specifically in the SR3 areas from impacts that could come from substantial growth. Traffic will be impacted as growth occurs, but in a lower-impact way that is more fitting within the area. MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGES Attorney Lance Wray noted that The Grove and The Point which are already multi-family, developed and fully used were affected by the Planning Commisssion's blanket change from OTR to Suburban Residential. Adjacent to that there are some properties that have not been developed and requests came in for those to be made multi-family as well. Due diligence was done and if properties already completely developed were to be changed to SR3 it may not be appropriate to do so. One of the purposes of the Comprehensive Zoning Ordinance is to eliminate non-conforming properties, which are those that have been "grandfathered" in. The same applies to the daycare property. These two changes would not change density and is more consistent with the land use plan. The current OTR is going away. It being currently fully developed, it needs zoning. The next closest thing is Multi-Family Residential. The City met with attorneys and the property owners and all felt like the proposed changes were appropriate. Attorney Wray recommends if the ordinance passes on first reading, and there are changes made to the plan by BOMA, it should go back to the Planning Commission between the first and second reading. Martin questioned why some of these items were not addressed at the time the Planning Commission was developing the zoning and then came up after going to General Committee. Dixon commented that the Westlake Plan never came to BOMA in the first place and now it's being amended. She recommended to cluster the topics so each thing could be broken out. That means there wouldn't be a vote tonight. Martin moved; Peterson seconded an amendment to Ordinance 2023-26 to accept the original Planning Commission recommendation before it went to General Committee with the exception of removing the reclamation facility text. Clary expressed concern that if the ordinance did not pass, he's not sure the City could withstand the legal implications. Martin was in favor of Collins' suggestion to include the daycare property to be Neighborhood Commercial and moved to change his motion. Peterson rejected the change. Martin withdrew his motion to change. Collins moved; Sasse seconded an amendment to Martin's amendment to Ordinance 2023- 26 to include the daycare property to be Neighborhood Commercial. Goodwin expressed concern about picking and choosing certain properties within the plan and where would that stop. Collins and Sasse withdrew the motion to amend the amendment. MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE6 Martin and Peterson's motion to amend Ordinance 2023-26 to accept the original Planning Commission recommendation before it went to General Committee with the exception of removing the reclamation facility text was discussed. There was majority vote of eight (8) to three (3) approving the amendment with voting as follows: Aye: Burgdorf, Collins, Dixon, Garza, Martin, Peterson, Sasse, and Skidmore Nay: Garton, Goodwin, and Clary. The Public Hearing on Ordinance 2023-26 will be continued at the next BOMA meeting. Clary moved; Garza seconded a second amendment to Ordinance 2023-26 to designate the daycare lot Neighborhood Commercial (going from SR3 to NC) and for the Relax Inn property, alter a note in the text to have hotels as an allowable use and exclude the property from the limit of hotels and the height requirement. Findings and fact to base this amendment on include by not changing the current future uses there is no detrimental impact on nearby properties, it is consistent with the spirit of the land use plan and the mission of the Westlake area, and it is not anticipated that the impact of the traffic would be significant. If this amendment passes, the plan will be to send it back to the Planning Commission to consider these two items on February 6th, 2024, to come back to BOMA on February 13 1h, 2024 for second reading. Skidmore called the question on the amendment but took his call back as there was one person left to speak in the cue. The second amendment failed two (2) to nine (9) with voting as follows: Aye: Garza and Clary Nay: Burgdorf, Collins, Dixon, Garton, Goodwin, Martin, Peterson, Sasse, and Skidmore There was a unanimous vote on the original motion as amended. Clary declared the motion carried. Dixon moved; seconded by Garza to take a ten-minute break at 9:12 pm. There was a unanimous vote to approve the motion for a break. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-27, an ordinance amending the Hendersonville Municipal Code Title 12, Chapter 6, to adopt a revised edition of the International Energy Conservation Code; and amending Title 12, Chapter 2, to adopt amendments to the International Residential Code. MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE7 Sasse moved; Garza seconded a motion to approve Ordinance 2023-27. There was no discussion. There was a unanimous vote to approve Ordinance 2023-27. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-28, an ordinance amending Budget Ordinance 2023-11 for appropriations to repair certain City property damaged by Tornado. (Subject to approval by the Board, pursuant to Ordinance 2002-12) Sasse moved; Garza seconded a motion to approve Ordinance 2023-28. There was a brief discussion. There was a unanimous vote to approve Ordinance 2023-28. Clary declared the motion carried. The caption was read for Resolution 2024-01, a resolution to waive permit fees for properties damaged by the December 9, 2023 , tornado (Subject to approval by the Board, pursuant to Ordinance 2002-12) Goodwin moved; Dixon seconded a motion to approve Resolution 2024-01 . Without objection the following were added as sponsors: Burgdorf, Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Sasse, and Skidmore. There was a unanimous vote to approve Resolution 2024-01. Clary declared the motion carried. The caption was read for Resolution 2024-03 authorizing the planning department to create a sign grant program for Westlake plan area (Subject to approval by the Board, pursuant to Ordinance 2002-12). Peterson moved; Goodwin seconded a motion to approve Resolution 2024-03. Without objection, Garza was added as a sponsor. There was a unanimous vote to approve Resolution 2024-03. Clary declared the motion carried. MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGES OTHER AGENDA ITEMS None REPORTS Brief Committee Reports General-Peterson-Report given by Jason Gallo • Met January 9th , 2024. • Discussed Ordinance 2024-01, an ordinance rezoning 32.37 acres located at 0 Music Village Boulevard, on the south side of East Main Street between Bluegrass Commons Boulevard and Caudill Drive, and approving the TBN Music City preliminary development plan to govern the development of said property. The Planning Commission had a split decision of four (4) to four (4). General Committee approved moving it forward to BOMA. • Discussed Resolution 2023-48, a resolution authorizing Silver Fox Stitches, LLC/Elizabeth Storm to use the City's logo on items produced for resale. Referred to BOMA for discussion of fees and compensation. • Discussed Resolution 2024-01, a resolution to waive permit fees for properties damaged by the December 9, 2023, tornado. Moving forward to BOMA with a positive recommendation. • Discussed Resolution 2024-02, a resolution to name the City dog park at Memorial Park "Samson's Dog Park". Unanimously approved to move forward toBOMA. • Discussed Resolution 2024-03, a resolution authorizing the Planning Department to create a sign grant program for Westlake Plan area. Moving forward to BOMA. • Discussed Resolution 2024-04, a resolution authorizing the Handmade Market to renew the use of the grounds of City Hall for its market activities. Approved to move forward to BOMA. • Connect Lance with the Planning Department to review a letter. Planning-Martin • Met January 2nd , 2024. • Approved the Development Plans for Glen Oak Commons Retail -FDP Add-Use (Recreational Training School) • Approved the Bellsford Landing Phase 1 - Final Plat • Moving forward to General Committee/ BOMA is TBN Music City - PDP (negative recommendation - tied 4-4-0). They want to add an assisted living facility (22 memory care units; 58 assisted care units) • There has been discussion on ways to keep Twitty City alive. Twitty Bird and the brick wall will remain. • They will share parking with First Baptist Church. MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE9 Finance-Dixon • Met January 9th , 2024, for a Special-Called Finance Committee meeting. • Discussed Ordinance 2023-28, an ordinance amending Budget Ordinance 2023-11 for appropriations to repair certain City property damaged by tornado. Passed unanimously. BOMA Report-Eckenroth • Graphs in packets were briefly discussed. • Pictures were shown of other agencies' assistance to the City after the tornado. Much appreciation to those that assisted and supported in the days after the tornado. • Casey LaMarr was given the floor to announce the launch of the new City website on January I oth, 2024. • Bradford-Berry house update: o Trees were removed off the house today (1/9/2024). o The tarp will be replaced next week. o The windows have now been boarded. o The downed trees may be a mid-year budget adjustment. • The ability to accept online applications for permits is approximately six months out. • Hometown Jam-Hendersonville Rising-A benefit for businesses and Parks in the City of Hendersonville January 30th, 2024. Upon motion by Collins and second by Garza there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned. ng was adjourned at 9:48 p.m.