Fill - Free fillable May 7 2015 Regular Meeting-agenda PDF form

A G E N D A

CITY OF HENDERSONVILLE CITY COUNCIL – REGULAR MEETING

AY 7, 2015 – 5:45 P.M.

Council Chambers – City Hall

1. Call to Order

2. Invocation and Pledge of Allegiance

3. Public Comment Time:

Up to 15 minutes is reserved for comments from the public

for items not listed on the agenda

4. Consideration of Agenda

5. Consideration of Consent Agenda:

These items are considered routine,

noncontroversial in nature and are considered and approved by a single motion and

vote.

A. Consideration of Minutes:

March 10, 2015 Special Meeting (CIP)

April 2, 2015 Regular

Meeting

Consideration of Interlocal Agreement with Henderson County

for

Development Assistance Department (DAD)

C. Consideration of “Walk of Fame” Committee

Consideration of Special Event Permits fo

i. Music and Dance on North Main Street

ii. Creative Art Demonstrations

E. Consideration of Job Description for Payroll and Benefits Coordinator

F. Consideration of Seventh Avenue Façade Grant Program

Consideration of Seventh Avenue Tax Incentive Program

H. Consideration of a Resolution Adopting the South Mountains Hazard

Mitigation Plan

6. Recognition by Mayor Barbara Volk: Henderson County Robotics Team 1225

Presenters: Mayor Barbara Volk and City Manager John Connet

7. Introduction of Mountain Excellence Principle of the Month; Recognition of Service

Excellence and Achievements

Presenter: City Manager John Connet

A. Finance Department Staff

Presenter: Finance Director Lisa White

B. Police Officers

Presenter: Police Chief Herbert Blake

C. Interim Fire Chief Joseph Vindigni

Presenter: City Manager John Connet

8. Quasi-Judicial Public Hearing – Consideration of an Application from Ingles Markets

for a Special Use Permit to Replace the existing 46,379 square foot Ingles grocery

store Located at 625 Spartanburg Highway with a new 72,000 square foot Ingles

grocery store and a Gas Express and to Rezone Certain Parcels and Portions of

Parcels on/near Spartanburg Highway from C-3 Highway Business to PCD Planned

Commercial Development

Presenter: Planning Director Sue Anderson

9. Quasi-Judicial Public Hearing – Consideration of an Application from Flatiron

Partners for a Special Use Permit for the Development of 80 Multi-Family

Residential Units Known as Cedar Terrace on 10 acres Located Adjacent to Francis

Road, Lakewood Road and Highlands Square Drive and to Rezone the site from I-1

Industrial to PRD Planned Residential Development

Presenter: Planning Director Sue Anderson

10. Public Hearing – Consideration of an Application from the City of Hendersonville for

an Amendment of Zoning Ordinance Article VII Development Re

view, Pertaining to

the Planning Board

Presenter: Planning Director Sue Anderson

11. Consideration of Bee City USA Resolution

Presenters: Kim Bailey, Environmental Sustainability Board and Mac Brackett, Tree

Board Chair

12. Update/Discussion on Parking Study Recommendations

Presenter: City Manager John Connet

13. Discussion of Tethering Ordinance

Presenter: City Manager John Connet

14. Update on Seventh Avenue Municipal Services District (MSD) Expansion

Presenter: City Manager John Connet

15. Discussion of Harper Flooding Issue

Presenter: City Manager John Connet

H:\Clerk\Agendas\01 Y2015\05 May\01 May 07 agenda.doc

16. Discussion of Sewer Collection System and Pump Station for Somersby Park

Presenter: Utilities Director Lee Smith

17. Comments from Mayor and City Council Members

18. Reports fr

om Staff

a. Reminder of Special Meeting for Budget Review on Friday, May 8, 2015, 8:00 a.m.,

City Hall, Second Floor Conference Room

19.

Boards and Commissions

Presenter: City Clerk Tammie Drake

a. Consideration of Appointments:

None

b. Announcement of Vacancies/Upcoming (Re)appointments

20. New Business

21. Request for Closed Session to Discuss Possible Acquisition of Property

22. Adjournment

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

John Connet

dministration

4/18/2015

John Connet

5/7/2015

Council Action

The Henderson County Board of Commissioners has approved the Interlocal Agreement between Henderson County and

the City of Hendersonville for the leasing of space in the King Street Office Building for the establishment of the

Hendersonville Development Assistance Department. I am requesting that the City Council approve the Interlocal

Agreement which includes a lease of $10.00 per square foot for five years.

05b

10,000 +/- per year

Yes

2015/2016 Budget

I move the approval of the Interlocal Agreement between the City of Hendersonville and Henderson County for the leasing

of office space at 100 King Street for the creation of the Development Assistance Department.

Proposed Interlocal Agreement

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

John Connet

dministration

4/28/2015

John Connet

5/7/15

Council Action

Tom Orr made a presentation at the February City Council meeting regarding the establishment of a Walk of Fame

program to recognize key Henderson County citizens. The City Council directed staff to work with Mr. Orr and Henderson

County to develop the program. Assistant County Manager Amy Brantley and I have developed the Charter and Bylaws

for this committee. Therefore, I am requesting approval of the Charter and Bylaws, so we can begin the formation of this

committee.

05c

TBD

Yes

I move that the City Council approve the Charter and Bylaws for the Walk of Fame Committee

Proposed Charter and Bylaws of Walk of Fame Committee

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1

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WALK OF FAME STEERING COMMITTEE

CHARTER

The Walk of Fame Steering Committee is established to recognize outstanding contributors to

the growth and development of Henderson County.

The duration of the committee shall be perpetual.

BYLAWS AND RULES OF PROCEDURE

Pursuant to the Henderson County Code, § 3-31. Bylaws of Boards or Committees. Bylaws

drafted by any board of committee must be presented for approval by the Henderson County

Board of Commissioners prior to adoption, unless otherwise provided by law.

I. N

AME

Walk of Fame Steering Committee

II. PURPOSE

The purpose of this committee is to advise the Board of Commissioners and Hendersonville

City Council on matters related to a Walk of Fame. The Committee shall act in the following

manner:

x Determine the logistics of establishing a Walk of Fame in downtown Hendersonville. The

Walk of Fame will recognize outstanding contributors to the growth and development of

Henderson County.

x Identify the disciplines for which people would be recognized. For example: agriculture,

education, cultural arts, industry, government, health care, commerce and special

services.

x Establish the qualifications for recognition within each of the identified disciplines.

x Determine a procedure for setting up a selection committee

x Establish the means of recognition

x Identify a means of establishing sponsorships/funding mechanisms for expenses related

to the project.

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2

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III. MEMBERSHIP

a. The Walk of Fame Steering Committee shall be comprised of five (5) voting members.

Two (2) appointed by the Board of Commissioners, two (2) appointed by the

Hendersonville City Council and one (1) appointed by the Henderson County Heritage

Museum.

b. Terms shall be for a length of three years. In order to establish a staggering of the terms,

the initial expiration dates of the membership shall be as follows:

1. Position 1 – June 30, 2018 (Heritage Museum)

2. Position 2 – June 30, 2017 (Hendersonville)

3. Position 3 – June 30, 2016 (Hendersonville)

4. Position 4 – June 30, 2018 (Henderson County)

5. Position 5 – June 30, 2017 (Henderson County)

c. Any vacancy on the Committee shall be filled at the earliest convenience by the

appointing authority.

d. Members missing three (3) consecutive regular meeting in a calendar year will be subject

to an appointment review by the appointing authority to determine is removal of the

member is necessary or not, in light of the circumstances that are existing at that time.

e. If for any reason a member must be replaced, the replacement member shall serve for the

remainder of the unfilled term of the departing member.

IV. M

EETINGS AND VOTING

Meetings shall be held at the time and place determined by the Walk of Fame Committee.

Special meetings may be requested by the Chairman, or by a majority vote of the Committee.

Written or phone notice of such a meeting shall be given to members at least three days prior

to the meeting.

A quorum shall consist of the majority of members present at a meeting, and shall be

considered an act of the Walk of Fame Committee.

Each member is entitled to one vote, with voting governed by parliamentary procedure

according to Robert’s Rules of Order.

All meetings shall be open to the general public.

V. O

FFICERS

The appointment of the Chair shall alternate between the City and the County, with the City

making the appointment in odd numbered years, and the County making the appointment in

even numbered years. The governing body making the appointment shall not be limited to

their appointed members, but may select any one of the five members to serve as Chair.

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3



The Chair will preside over all meetings and decide all points of order and procedure. The

Chair will be the official spokesperson of the Walk of Fame Committee.

The Committee will elect a Vice-Chair and other officers as deemed necessary. The Vice-

Chair will carry out the Chair’s duties in case of absence, incapacity, or resignation.

No member shall receive any salary or compensation for his or her services.

VI. D

UTIES OF THE MEMBERS

The Walk of Fame Steering Committee must work within the following parameters:

a. North Carolina Open Meetings and Public Records Laws

b. Projects must ultimately be approved by both the Board of Commissioners and

Hendersonville City Council.

The Committee will report to the Board of Commissioners, Hendersonville City Council, and

Heritage Museum.

The Committee shall have general supervision and control of the business and affairs of the

Committee. Minutes shall be kept at all meetings, and be provided to the appointing authority

upon request.

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

Susan G. Frady

Zoning

4-16-15

Susan G. Frady

5-7-15

Council Action

On April 16, 2015, the Special Events Committee met and reviewed an application from the Green Room Café for the

Music & Dance on North Main event to be held Saturday, May 9 and Saturday May 16, 2015 from 5:00 P.M. to 7:30 P.M.

This is a first time event.

The Downtown Advisory Committee recommended that additional events be approved based on the success of these

events. The applicant had requested every Saturday throughout the summer. The Special Events Committee

recommended that these two events be approved and that the Downtown Advisory Committee and Special Events

Committee review the outcome of these two events at their May meetings and consider the approval of future events. No

events will be approved that conflict with other festivals/events during the same time such as Garden Jubilee. The

applicant is obtaining buy in from other merchants that would be impacted by this event.

The event will be held on the sidewalk on North Main Street and 6th Avenue. The request is to use the sidewalk in front of

the Green Room Café for a live band. In case of rain, it will be held under the patio at the skyland building. The event is to

attract more people to the north end of Main Street where there are very limited events.

The Special Events Committee voted unanimously to recommend approval of a special event permit for Music & Dance

on North Main.

05di

Yes

I move that City Council approve the special event permit for the Music & Dance on North Main.

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

Susan G. Frady

Zoning

4-16-15

Susan G. Frady

5-7-15

Council Action

On April 16, 2015, the Special Events Committee met and reviewed an application from the Green Room Café and the Art

League of Henderson County for the Creative Art Demonstrations to be held on Saturday, May 9 and Saturday, May 16,

2015 from 11:00 A.M. to 3:00 P.M. This is a first time event.

The Downtown Advisory Committee recommended that additional events be approved based on the success of these

events. The applicant had requested every Saturday throughout the summer. The Special Events Committee

recommended that these two events be approved and that the Downtown Advisory Committee and Special Events

Committee review the outcome of these two events at their May meetings and consider the approval of future events. No

events will be approved that conflict with other festivals/events during the same time such as Garden Jubilee.

The event will be held on the sidewalk in front of the Green Room Café at 356 N. Main Street. The request is to use the

sidewalk in front of the Green Room Café for a local artist to demonstrate their art. In case of rain, it will be held under the

patio at the skyland building. This event is to attract more people to the north end of Main Street where there are very

limited events.

The Special Events Committee voted unanimously to recommend approval of a special event permit for the Creative Art

Demonstrations.

05dii

Yes

I move that City Council approve the special event permit for the Creative Art Demonstrations.

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

Jennifer Harrell

dministration

04/15/15

Jennifer Harrell

05/07/15

Council Action

This request is being made by Human Resources Director, Jennifer Harrell and Finance Director, Lisa White to assist the

Human Resources Department. The Senior Accounting Technician is taking on additional responsibilities to ensure that

employee benefits are properly administered and thus updating the position to Payroll and Benefits Coordinator.

05e

Yes

I move that the City Council approve to approve the job description of Payroll and Benefits Coordinator

Payroll and Benefits Coordinator job description

Return to Agenda

Payroll and Benefits Coordinator

Page 1

PAYROLL AND BENEFITS COORDINATOR

General Statement of Duties

Performs responsible paraprofessional and administrative work in the payroll and benefits

programs for the City.

Distinguishing Features of the Class

An employee in this class plans, organizes and administers the payroll and benefits for City

personnel. Work includes administration of payroll and benefits for City employees in accordance

with payroll laws, regulations and City policies.

Work requires an understanding of pay and benefit administration, related accounting activity

and functions, the laws and regulations affecting payroll, and employee benefit practices. Work

requires employee to exercise considerable judgment and accuracy in interpretation, application,

and administration of payroll and benefit policy and practices. Work involves exercising sound

judgment in maintaining confidential personnel records. Work is performed under general

supervision and is evaluated by regular discussion, reports, observation, and feedback from peers

and employees.

Work also includes generating a variety of financial records and reports, performing related

fiscal duties and other accounting clerical duties. Work is performed under regular supervision and

is evaluated through observation, conferences, review of work, and audit of the records by an

external auditor.

Duties and Responsibilities

Essential Duties and Tasks

Manages payroll system software and payroll processing; pays employees in accordance

with payroll laws, regulations and City policies; administers special payrolls (i.e. Longevity Pay).

Administers payroll system to calculate payroll, withholdings and deductions, printing and

distribution earning statements, and transmission of direct deposits.

Manages payroll reporting; prepares and reconciles all reports for tax withholdings;

communicates with federal and state agencies regarding tax withholdings, garnishments, and other

payments.

Coordinates preparations of management reports; assists departments in preparation and

maintenance of special payroll reports.

Assists with completing employee benefit orientations and in coordinating annual open

enrollment for employee insurance.

Administers payroll changes affected by year end, fiscal year, and/or personnel policy.

Audits and reconciles salary and benefit accounts to general ledger.

Assists with maintaining payroll administration software and testing and implementing system

changes and updates as required.

Prepares various financial reports, tax reports, and other reports required by supervisor,

State, or other external agency.

Assists with year-end audit. Prepares annual payroll reports, calculations and accruals for

year-end payroll accounting.

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Payroll and Benefits Coordinator

Page 2

Additional Job Duties

Serves as backup to other staff in finance office.

Performs related duties as required.

Recruitment and Selection Guidelines

Knowledge, Skills, and Abilities

Considerable knowledge of payroll and benefit principles and practices.

Considerable knowledge of the laws, rules, regulations and accounting that apply to payroll

and benefit policies and practices in the public sector.

Considerable knowledge of federal and state tax guidelines.

Considerable knowledge of payroll and accounting software applications.

Considerable knowledge in record management procedures and practices.

Considerable knowledge of computer operations as they relate to assigned tasks.

Ability to compile, evaluate, and reconcile a variety of accounting records and reports.

Ability to make arithmetic computations accurately and with reasonable speed.

Ability to perform a variety of fiscal or accounting functions and to change priorities quickly

and maintain accuracy level.

Some knowledge of employee insurance and retirement plans.

Some knowledge of theory, principles and practices of human resources administration in

the public sector.

Ability to apply basic payroll and accounting principles and practice in problem solving

challenges arising in payroll and/or employee insurances.

Ability to assist Human Resources Director in developing payroll and benefit policy, practice

and procedures.

Ability to maintain the confidentiality of personnel records and discussions.

Ability to establish and maintain effective working relationships with other staff, department

heads, employees, and the general public.

Ability to communicate effectively in oral and written forms.

Skill in using computer hardware and software applications; operating office technology.

Skill in training employees and conducting employee orientations.

Skill in preparing payroll reports for departments and management.

Skill in preparing and transmitting payroll data electronically.

Physical Requirements

Must be able to physically perform the basic operational functions of fingering, talking,

hearing, and repetitive motions.

Must be able to perform sedentary work exerting up to 10 pounds of force occasionally,

and/or a negligible amount of force frequently or constantly to move objects.

Must possess the visual acuity to prepare data and statistics, work with accounting

processes, operate a computer terminal, and do extensive reading.

Desirable Education and Experience

Graduation from a two year college with a major in accounting and considerable experience

in an automated fiscal or accounting environment, preferably in the public sector; or an equivalent

combination of education or experience.

Hendersonville 2015

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

John Connet

dministration

4/14/2015

John Connet

5/7/2015

Council Action

The Hendersonville Main Street and Main Street Local Historic District Programs currently offer facade grants for

properties within their respective districts. The Seventh Avenue Advisory Committee is requesting authority from the City

Council to offer facade grants within the Seventh Avenue MSD. They believe this will provide property owners some

incentive to make improvements to the front of their buildings.

05f

10,000

The first round of funding will be provided by the HSAD non-profit organization.

I move that Seventh Avenue Advisory Committee be granted authority to offer facade grants as part of the Historic

Downtown Facade Grant Program.

Grant Program Guidelines

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CityofHendersonville July1,2015

DowntownDevelopmentProgram  FaçadeGrantGuidelines

HistoricPreservationCommittee

1|Page

Historic Downtown Hendersonville

Façade Grant Program

Main Street & Seventh Avenue Grant Guidelines

Ž Introduction – Purpose of the Façade Improvement Program

The architectural quality of downtown is important to Hendersonville; it contributes

significantly to our economy, our image and our history. The City of Hendersonville’s

Downtown Development Program and Historic Preservation Commission (HPC) have

developed a façade grant program to provide assistance to property owners in the

rehabilitation of historic downtown properties in our Main Street and Seventh Avenue

municipal service districts. Hendersonville’s Façade Improvement Program is a grant based

incentive intended to encourage and provide financial inducement for the:

 Rehabilitation of commercial building facades within the Main Street and 7

Avenue

Municipal Service Districts.

 Implementation of appropriate design standards for the rehabilitation of historic

properties including the Secretary of the Interior’s Standards for Rehabilitation (see

Appendix A) and, as appropriate, the Historic Preservation Commission’s Main

Street Local Historic District Design Guidelines.

 Preservation of the unique architectural and commercial character of historic

downtown Hendersonville.

Each year Hendersonville’s Downtown Development Program and Historic Preservation

Commission set aside limited funds for the Façade Improvement Program. Grants will be

awarded for eligible projects on a funds-available basis. Those interested in the program

can consult with the Downtown Economic Development Director to determine funding

availability. The fiscal year for the program begins July 1 and ends on June 30.

Ž What is a Façade?

A facade is defined as the exterior walls of a building which are adjacent to or front on a

public street. Each storefront of a building can be considered a façade. The rear of a

building may also be considered for a façade grant, with priority given to the front of a

building.

ain Street & Seventh Avenue Grant Guidelines

Seventh Avenue

municipal service districts.

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CityofHendersonville July1,2015

DowntownDevelopmentProgram  FaçadeGrantGuidelines

HistoricPreservationCommittee

2|Page

Ž Who is Eligible?

There are two primary districts which are eligible for Façade Grants in downtown

Hendersonville, the Main Street Municipal Service District and the Seventh Avenue

Municipal Service District. Properties in and around the Main Street Municipal Service

District which fall into the Main Street Local Historic District are eligible for additional grant

funding through the Historic Preservation Commission. A map of these areas is included at

the end of this document and should be referenced to determine if the applicant is eligible

for the Façade Grant Program.

 Any property owner or business tenant in the downtown Hendersonville Main Street

or Seventh Avenue Municipal Service Districts and/or the Hendersonville Main Street

Local Historic District is eligible.

 Only buildings whose current or historic use is commercial are eligible for the Façade

Grant program.

 Only one application may be submitted for each façade. A property owner, a

building’s business tenant or an owner and tenant jointly, may submit a Façade

Grant application.

 If a building has multiple facades, each tenant with a separate entrance may apply.

Where a single tenant occupies multiple facades, the tenant is eligible for one

application per façade.

Ž What is Eligible?

Please note that the following lists are not intended to be all inclusive. Each project will be

reviewed according to the project’s location by the Main Street or Seventh Avenue Design

Sub-Committee on its individual merits.

Activities eligible for a Façade Grant include:

 Removal of false fronts, metal canopies and other additions that detract from a building’s

historical and architectural character

 Safe cleaning of brick or wall surfaces – chemical stripping, scraping and water wash. Power

washing is not recommended

 Exterior painting, including trim and previously painted surfaces

 Historic reconstruction – storefront, door or window repair or replacement, masonry

repointing, etc

 Approved awning installation

 Approved exterior lighting

 Address information – numerals, building name, etc

Activities not eligible for a Façade Grant include:

 Installation or removal of signage

 Roof and Chimney repair

 Installation of any type of inappropriate material that interferes with the historic integrity of the

building

 Sand blasting

 Removal of historic features

 Landscaping

and the Seventh Avenue

Municipal Service District.

Any property owner or business tenant in the downtown Hendersonville Main Street

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or Seventh Avenue Municipal Service Distri

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or the Hendersonville Main

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Local Historic District is eligible.

Seventh Avenue Design

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Sub-Committee on its individual merits.

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CityofHendersonville July1,2015

DowntownDevelopmentProgram  FaçadeGrantGuidelines

HistoricPreservationCommittee

3|Page

Ž Funding.

Funding for the Façade Grant Program is provided through the Main Street Municipal

Service District, the Seventh Avenue Municipal Service District and the Historic Preservation

Commission.

 Facade Grants will provide 50% of approved project costs.

 The minimum grant award is $125; projects with total costs less than $250 are not

eligible for the grant. The maximum award is dependent on building location, see

below for additional details.

 A maximum of up to $3,000 per façade is available for all buildings located within the

Main Street Municipal Service District and the Hendersonville Main Street Local

Historic District.

 A maximum of up to $2,500 per façade is available for buildings within the Main

Street & Seventh Avenue Municipal Service Districts, but outside of the

Hendersonville Main Street Local Historic District.

 A maximum of up to $500 per façade is available for buildings within the

Hendersonville Main Street Local Historic District, but outside the Main Street

Municipal Service District.

 The final award amount is based on documentation of actual labor and material

costs.

Ž Application Guidelines.

Applications will be reviewed in accordance with the following guidelines.

 All façade design proposals shall:

o Meet the applicable zoning and code requirements of the City of

Hendersonville.

o Adhere to the US Secretary of the Interior’s Standards for Rehabilitation.

o Receive Façade Application approval from the appropriate Design

Subcommittee prior to beginning work, either Main Street or Seventh Avenue.

o Include the property owner’s signature.

 Applicants must receive a Certificate of Appropriateness from the Historic

Preservation Commission if located within the Hendersonville Main Street Local

Historic District prior to beginning work.

 Projects within the Hendersonville Main Street Local Historic District are required to

comply with the district Design Guidelines.

 A property does not have to be occupied at the time a Façade Grant application is

submitted.

 A building or rental unit may receive more than one grant award for the same façade.

However no more than one grant award will be given to the same building or rental

unit within one year.

 Only exterior façade renovations are eligible.

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the Seventh Avenue Municipal Service District

A maximum of up to $2,500 per façade is available for buildings within the Main

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Receive

Façade

Application

approval

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ubcommittee prior to be

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work, either Main

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eventh Avenue.

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CityofHendersonville July1,2015

DowntownDevelopmentProgram  FaçadeGrantGuidelines

HistoricPreservationCommittee

4|Page

Ž General Application Review Criteria.

All eligible exterior rehabilitation proposals will be considered for funding, however top

priority will be given to projects which:

 Make highly visible and significant design contributions to historic downtown

Hendersonville.

 Contribute significantly to the program goal of preserving the architectural, historic

and commercial character of historic downtown Hendersonville.

 Comply with the guidelines above in letter and spirit.

 Take advantage of the design assistance available through the City of

Hendersonville’s Main Street Program.

 In the case of multiple applications, deliver the greatest value of work to the

individual building and to Main Street overall.

Ž Application Procedure.

The applicant should seek the assistance of the Downtown Economic Development Director

for guidance in completing the following requirements:

 Submittal of a complete Façade Grant Application which includes the property

owner’s signature to the Downtown Economic Development Director.

 The application shall include:

o “Before” photos (photos of the existing building condition)

o Proposed Plan (sketch, specifications, color choices, etc.)

o Two (2) estimates of project costs covering labor and material

o Detailed written description of proposed project plan

 If the project is located in the Main Street Local Historic District a Certificate of

Appropriateness (COA) application is also required.

 Applications will be reviewed by Main Street program staff for completeness before

being forwarded to the appropriate Design Subcommittee for review.

 The Design Subcommittee will review the proposed project at their regularly

scheduled monthly meeting and decides whether to approve, approve with

conditions, or deny the façade grant application.

 If the project is located in the Main Street Local Historic District, the applicant must

receive approval from the Historic Preservation Commission through the COA

process before proceeding with work.

 Within (5) days of the grant decision the Downtown Economic Development Director

will notify the applicant of the approval or denial of his/her grant application and of

any permits required to complete the project.

o If the project is approved with conditions, the applicant has 30 days from the

date of the notification letter to modify the application.

o If the project is approved without conditions, a contract form will be included

with the notification letter. The applicant must return the contract form to the

Downtown Economic Development Director within 30 days of the date of the

notification letter. A signed contract must be on file before work can

commence.

gpppg

The Design Subcommittee will review the proposed project at their regularly

gpppjgy

cheduled monthl

meetin

and decides whether to approve, approve with

Return to Agenda

CityofHendersonville July1,2015

DowntownDevelopmentProgram  FaçadeGrantGuidelines

HistoricPreservationCommittee

5|Page



Ž Post Approval.

Once a façade grant has been approved and the grant contract is signed, the following

guidelines shall be followed to receive the grant award.

 All work must be completed in a good workmanship manner.

 All approved work must be completed within six (6) months of a signed Façade Grant

contract.

 If additional time is needed, a written request shall be submitted to the Downtown

Economic Development Director providing a compelling reason(s) for the extension.

The Director, in consultation with the appropriate Design Sub-Committee Chair may

grant a 30 day project extension at their discretion.

 The applicant is responsible for ensuring that the project is completed in accordance

with the approved application, design guidelines provided in this procedure, and the

signed contract. The Downtown Development Program reserves the right to deny

payment if the completed work is inconsistent with the contents of the original

application.

 Any deviations from the approved application must be submitted to the Downtown

Economic Development Director prior to construction. The Director will forward the

proposed alterations to the appropriate Design Subcommittee for review at their next

scheduled meeting.

 Once the project has been completed, the applicant will provide proof of project costs

and payment along with photos of the completed work to the Downtown Economic

Development Director. Failure to submit the required documents within 6 weeks of

the project completion date may result in termination of the contract.

 Façade Grants are paid only when the approved project is completed in accordance

with the approved plans and specifications submitted with the application. The

Downtown Economic Development Director will conduct a final on-site inspection

and sign-off on completed work prior to issuance of a grant award and following the

applicant’s final project submission.

 Completed work that differs from the approved application will be disqualified for

reimbursement.

All questions can be directed to:

The City of Hendersonville’s Main Street Program

145 Fifth Avenue East

Hendersonville, NC 28792

Phone: 828-233-3216

Fax: 828-697-3014

www.cityofhendersonville.org

www.downtownhendersonville.org

Return to Agenda

CityofHendersonville July1,2015

DowntownDevelopmentProgram  FaçadeGrantGuidelines

HistoricPreservationCommittee

6|Page



Return to Agenda

CityofHendersonville July1,2015

DowntownDevelopmentProgram  FaçadeGrantGuidelines

HistoricPreservationCommittee

7|Page



APPENDIX A

THE SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION

1. A property will be used as it was historically or be given a new use that requires minimal

change to its distinctive materials, features, spaces, and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of

distinctive materials or alteration of features, spaces, and spatial relationships that

characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place, and use.

Changes that create a false sense of historical development, such as adding conjectural

features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be

retained and preserved.

5. Distinctive materials, features, finishes, and construction techniques or examples of

craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of

deterioration requires replacement of a distinctive feature, the new feature will match the

old in design, color, texture, and, where possible, materials. Replacement of missing

features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest

means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must

be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations, or related new construction will not destroy historic

materials, features, and spatial relationships that characterize the property. The new

work shall be differentiated from the old and will be compatible with the historic

materials, features, size, scale and proportion, and massing to protect the integrity of the

property and its environment.

10. New additions and adjacent or related new construction will be undertaken in a such a

manner that, if removed in the future, the essential form and integrity of the historic

property and its environment would be unimpaired.

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

John Connet

dministration

4/14/2015

John Connet

5/7/2015

Council Action

The Seventh Avenue Advisory Committee has been searching for ways to encourage additional redevelopment on 7th

Avenue. Several similar Downtown MSDs across the state have created and had some success with an economic

development incentive programs for their districts. The Seventh Avenue Advisory Committee is requesting that City

Council establish a tax incentive program for redevelopment or infill projects within the Historic Seventh Avenue Municipal

Service District. They believe this will provide property owners additional incentive to make improvements to their

properties.

05g

TBD

The incentives will be paid based on new taxes created after any development and the taxes are paid by owner.

I move that the City of Hendersonville establish a tax incentive program for redevelopment or infill projects within the

Historic Seventh Avenue Municipal Service District.

Seventh Avenue Municipal Service District Tax Incentive Program

Return to Agenda

Seventh Avenue Municipal Service District Tax Incentive Program

Purpose

The Seventh Avenue Municipal Service District Incentive Program is intended to

encourage the rehabilitation of buildings and/or promote infill growth with new

development in the Seventh Avenue Municipal Service District. Anticipated

benefits of the program include:

x Reduction in blighted buildings;

x Increases in property value of redeveloped properties;

x Support of locally owned businesses;

x Growth of a strong commercial district.

Qualifications for Tax Incentive Program

To qualify for the Seventh Avenue Municipal Service District Tax Incentive

Program, a property owner or developer within the municipal tax district is

expected to:

1. Submit a letter of interest with proposed development plans to the

Hendersonville City Manager for review by the Seventh Avenue Advisory

Committee and the City of Hendersonville Development Assistance

Department.

2. The letter should include a statement from the developer stating the

project would not have been considered had it not been for the Tax

Incentive Program.

3. The developer must meet all other state and local development

requirements.

4. Obtain the tax value of site or building as determined by the Henderson

County Tax Assessor before renovation/construction begins. (tax value at

time of application)

5. Obtain the tax value of site or building as determined by the Henderson

County Tax Assessor after the renovations /construction is completed.

6. Developer pays full amount of newly appraised tax value on property

annually.

Return to Agenda

7. City of Hendersonville “grants back” the amount of Hendersonville property

and Municipal Service District tax paid by the property owner, minus the

original tax value payment before the renovation/construction began.

8. This process will be followed for a grant period of five years or until the

property is sold, whichever occurs first.

9. On the 6

and subsequent years, the developer will pay full amount of the

newly appraised tax value of the property without grant.

Example:

Empty 1 acre of land or vacant building - $50,000 tax value

.44 = $220 Annual City of Hendersonville Tax

.12 = $60 Annual Municipal Service District Tax

_____________

$280 Total Annual Tax (Before Development)

Completed development - $1,000,000 Construction / Development - $750,000 tax

value

.44 = $3,300 Annual City of Hendersonville Tax

.12 = $900 Annual Municipal Service District Tax

___________________

$4,100 Total Annual Tax (After Development)

Grant Proposal

Under the above example, owner pays $4,100 annually in City and MSD Taxes.

Owner is then granted back annually $3,820 ($4,100 - $280) for 5 years = $19,100

Total Grant.

Please submit all inquiries regarding the Tax Incentive Program to :

Hendersonville City Manager

145 Fifth Avenue East

Hendersonville, NC 28792

(828) 233-3201

jconnet@cityofhendersonville.org

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

John Connet

dministration

4/28/2015

John Connet

5/7/2015

Council Action

The South Mountains Regional Hazard Mitigation Plan has been developed in cooperation with Henderson, Polk,

Rutherford and Transylvania Counties along with the municipalities within the region. The planning team has surveyed the

community electronically and held two public meetings to solicit input for the plan. The plan has been reviewed and

approved by North Carolina Emergency Management and the Federal Emergency Management Agency for compliance

with the North Carolina Emergency Management Act and the Robert T. Stafford Disaster Relief and Emergency

Assistance Act. An approved Hazard Mitigation Plan is required in order to receive state and federal disaster assistance.

The plan itself is a very large file and is a separate document in your Dropbox folder.

05h

Yes

I move the City Council approve the resolution to adopt the South Mountains Regional Hazard Mitigation Plan.

Proposed resolution

Return to Agenda

Resolution #15-05__

RESOLUTION TO ADOPT THE

SOUTH MOUNTAINS REGIONAL HAZARD MITIGATION PLAN

WHEREAS, the City of Hendersonville is vulnerable to an array of natural hazards that can cause loss of life

and damages to public and private property; and

WHEREAS, the City of Hendersonville desires to seek ways to mitigate situations that may aggravate such

circumstances; and

WHEREAS, the development and implementation of a hazard mitigation plan can result in actions that reduce

the long-term risk to life and property from natural hazards; and

WHEREAS, it is the intent of the City of Hendersonville City Council to protect its citizens and property from

the effects of natural hazards by preparing and maintaining a local hazard mitigation plan; and

WHEREAS, it is also the intent of the City of Hendersonville City Council to fulfill its obligation under North

Carolina General Statutes, Chapter 166A: North Carolina Emergency Management Act and

Section 322: Mitigation Planning, of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act to remain eligible to receive state and federal assistance in the event of a declared

disaster affecting the City; and

WHEREAS, the City of Hendersonville in coordination with Flat Rock, Fletcher, Henderson County, Laurel

Park, Mills River, Polk County, Columbus, Saluda, Tryon, Rutherford County, Bostic, Chimney

Rock Village, Ellenboro, Forest City, Lake Lure, Ruth, Rutherfordton, Spindale, Transylvania

County, Brevard and Rosman has prepared a multi-jurisdictional hazard mitigation plan with

input from the appropriate local and state officials; and

WHEREAS, the North Carolina Division of Emergency Management and the Federal Emergency Management

Agency have reviewed the South Mountains Regional Hazard Mitigation Plan for legislative

compliance and has approved the plan pending the completion of local adoption procedures.

NOW, THEREFORE, BE IT RESOLVED that the City of Hendersonville City Council hereby:

1. Adopts the South Mountains Regional Hazard Mitigation Plan; and

2. Agrees to take such other official action as may be reasonably necessary to carry out the proposed

actions of the Plan.

Adopted on May 7, 2015.

____________________________________

Barbara G. Volk, Mayor

City of Hendersonville

ATTEST:

______________________________

Tammie K. Drake, MMC, City Clerk

\\Client\G$\Clerk\Resolutions\Res 15\HMPlan_Adoption_Resolution_2015.doc

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

John Connet

dministration

4/28/2015

John Connet

5/7/2015

Presentation Only

Henderson County Robotics Team 1225 recently won the North Regional Competition and represented the State of North

Carolina at the World Championships. We thought it was appropriate to recognize these Henderson County students for

their efforts.

During the 2015 season Team 1225 placed third at the Palmetto Regional and first at the North Carolina Regional where

they also won the Excellence in Engineering Award. The team also competed in the world championship in St. Louis with

other teams from all over the United States and the world including Australia, Israel, Taiwan, and the United Kingdom.

Team 1225 is also active in the community. In 2013 they started a First Lego League in Henderson County and hosted

the Western North Carolina FLL Tournament at BRCC with team members acting as referees. They also do

demonstrations at the public library and local schools including Bruce Drysdale Elementary, Hendersonville Elementary,

North Henderson High School and more.

06a

none

Yes

None

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

John Connet

dministration

4/28/2015

John Connet

4/7/2015

Presentation Only

The Service Excellence Design Team is asking all departments to focus on one of the Service Excellence Principles each

month. I felt it was appropriate to introduce the Principle of the Month during staff reports at each City Council meeting.

After presenting this month's principle, I will update the City Council on other Service Excellence activities.

Yes

Principle of the Month

Employee Recognition Program Guidelines

Return to Agenda

PROACTIVE

Principle of the Month

May 2015

Here is the principle for May to be discussed with your department/team. Use this outline

as a guide and feel free to customize it to ﬁ t your group. Make this a light hearted, brief,

energetic and interactive meeting. Try to engage as many employees as possible.

rofessionalism

• Lead by example

• Take pride in job & appearance

• Be competent & organized

• Apply policies evenly and fairly

Suggested questions/talking points:

1. How does being “professional” apply in your job?

2. How can you and your customers be positively impacted by your applying this principal?

3. Give examples of professionalism your department/team has demonstrated.

Return to Agenda



MVPnominaƟoncardsareapartofthecityͲwideiniƟaƟvemeanttorecognizeandrewardemployeeswhoshowexcellence

incarryingouttheirdaytodayacƟviƟesintheirjobsandthosewhogo“aboveandbeyond”.TheprocessfornominaƟngis

asfollows:



NominaƟonca

rdswillbeavailabletoallemployeesinalldepartments

,includingsupervisorsanddepartmentheads.

NominaƟoncardswillbecompletedbyanemployeeandsubmiƩedasoutlinedbelow.



STEPSFORRECOGNITION

Remember, share posiƟve reinforcement as soon as possible!



Step1:EmployeecompleƟngthenominaƟongivesthewhite

co

pydirectlytotheemployeebeingnominate

dandthe

remainingthreecopies(yellow,pinkandgold)aresubmiƩed:

1. toanyDesignTeamMember,

2. throughinterdepartmentalmailand/ordroppedoīattheDesignTeammailboxatCityHall,or

3. totheirdepartmentheadforsubmissiontotheDesignTeam.



Step2:

 DesignTeamMembersteps:

1. ChecktheCityHallDesignTeammailboxweekly.

2. Conta

ctMVPnominee’sdepartmentheadtoinformthemofthenominaƟonandprovidethemwiththe

yellowcopy.

3. SubmitthepinkcopytoHumanResourcesforinclusionintheemployeespersonnelĮle.

4. SubmitthegoldcopytotheRec

ogniƟonCommiƩeeforreviewandpossiblereco

gniƟon.

5. RecognizenomineesinthenewsleƩerandattheemployeepicnicorChristmasluncheon.



Step3:Departmentheadsteps:

1. ProvideposiƟvereinforcement!RecognizeandcongratulatetheMVPnominee!

2. KeeptheyellowcopyforconsideraƟonduringtheem

ployee’sperformancereview.



Step4: TheRecogniƟonCommiƩeeisresponsibleforreviewing/dis

cussingtheMVPnominaƟonsatleastmonthly,being

aƩenƟvetoanypossiblefalseor“suspicious”nominaƟons(i.e.,peoplefalselynominaƟngeachother) .The

employeewillreceiveanincenƟvegiŌ($5giŌcar

d,logoitem,etc.)giventothemby___________________(tobe

determined

).TherecanbeaninĮnitenumberofnominaƟons.



TheRecogniƟonCommiƩeewillreviewnominaƟonsandchoosethreeemployees(arepresentaƟvesampleof

departmentsifpossible)toberecognizedquarterlyataCityCouncilmeeƟng.Thedepartmenthe

adwillintroduce

theemployeeattheCityCouncilmeeƟngandtelltheir“story”.TheseemployeeswillalsobeinvitedtoaService

ExcellencerecogniƟonmealwiththeirsupervisoranddepartmentheadthatwillbeheldonaquarterlybasis.



TheRecogniƟonCommiƩeewillalsorevie

wnominaƟonsandsubmissionsbydepartm

entheadsand/orsupervisors

foranannual“MVPoftheYear.”TheMVPoftheYearwillreceiverecogniƟonataCityCouncilmeeƟng,a

“HendersonvilleHero”cerƟĮcatesignedbytheMayor,andareward(giŌcard).Th

eannualMVPwillbechosen

fromthosewhoreceivedaquarterlyMVPreco

gniƟon.TheRecogniƟonCommiƩeemayinvolvemembersofthe

respecƟvedepartments,possiblyincludingsupervisorsand/ordepartmentheads,toensureacƟonsare“above

andbeyond”theirnormalduƟesorexpectaƟons.

Service Excellence MVP Nomination Guidelines

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

Lisa White

Finance

04/27/15

Lisa White

05/7/15

Presentation Only

The Customer Service division of the Finance Department undertook and immense project to make the billing and

collection of Water bills more time and cost efficient. The Finance Director will provide some details on the project and

recognize and thank staff members for helping with this project.

07a

Yes

No Action needed.

none

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

Chief Herbert Blake

Police

April 28,2015

Chief Herbert Blake

May 7, 2015

Presentation Only

I am requesting that the City Council recognize the following Police Officers: Cory Payne and Matt Capps; for their actions

of service as noted below:

On April 16, Mrs. Joanne Fain's car stalled and became disabled on Four Seasons Boulevard in front of the Exxon station.

Officer Matt Capps arrived to assist. Mrs. Fain told Capps that her husband was on the way to assist her. Mrs. Fain told

officer Capps that she preferred to have her husband attend to their car in lieu of a wrecker towing it. Officer Cory Payne

arrived on scene to assist Office Capps shortly thereafter. During typical heavy traffic that is experienced on Four

Season's Boulevard, Officer Payne and Officer Capps pushed Mrs. Fain's car over to the Exxon Station out of harm’s

way. At least one of the officers stayed there with Mrs. Fain until her husband arrived on scene to assist her. Mrs. Fain's

husband eventually was able to get the vehicle started. That saved the family the expense and inconvenience of having

their car towed.

I believe that Officer Capps and Officer Payne exemplified the Service Excellence Initiative the city has embraced in their

actions while assisting Mrs. Fain. For their service oriented approach to policing our city, they should be recognized.

07b

Yes

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

Dorian Flowers

Fire

4/23/2015

John Connet

5/7/2015

Presentation Only

Recognize Deputy Fire Chief Joe Vindigni for completing his Executive Fire Officer Program through the National Fire

Academy

The National Fire Academy’s (NFA) Executive Fire Officer Program (EFOP) provides senior fire officers with a broad

perspective on various facets of fire and emergency services administration. The courses and accompanying research

examine how to exercise leadership when dealing with difficult or unique problems within communities.

Selection criteria for the EFOP is divided between two areas:

• Service requirement.

• Academic requirement.

Service requirement:

• Chief of Department or equivalent.

• Chief Officer or equivalent heading a major bureau or division within a fire department/emergency medical services

organization. Examples of functions include suppression, emergency medical, prevention, emergency management and

training.

• Battalion-level chief officer from metro-size fire organization.

07c

0.00

Yes

None Required

Return to Agenda

CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

Sue Anderson, Planning Director

Planning

April 29, 2015

Sue Anderson

May 7, 2015

Council Action

File #P15-8-SUR

The City is in receipt of a Special Use Permit application from Ingles Markets to replace the existing 46,379 ft2 Ingles

grocery store located at 625 Spartanburg Highway with a new 72,000 ft2 Ingles grocery store and a Gas Express. This

project includes the following parcels:

Parcel # 9568-94-0252

Parcel # 9568-83-9870

Parcel # 9568-94-0455

Parcel # 9568-83-9764

An approximate .23 acre of Parcel # 9568-84-7009

This application is for special use review. The preliminary site plan is subject to recommendation by the Planning Board

and approval by City Council. The final site plan is subject to City staff approval.

0.00

Not Applicable

Suggested motions start on page nine.

Memo

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M E M O R A N D U M

TO: Honorable Mayor and City Council

FROM: Susan Anderson

RE: Ingles # 77 Spartanburg Highway

FILE #: P15-8-SUR

DATE: April 29, 2015

PROJECT DESCRIPTION

The City is in receipt of a Special Use Permit application from Ingles Markets to replace

the existing 46,379 ft

Ingles grocery store located at 625 Spartanburg Highway with a

new 72,000 ft

Ingles grocery store and a Gas Express. This project includes the

following parcels:

Parcel # 9568-94-0252

Parcel # 9568-83-9870

Parcel # 9568-94-0455

Parcel # 9568-83-9764

An approximate .23 acre of Parcel # 9568-84-7009

This application is for special use review. The preliminary site plan is subject to

recommendation by the Planning Board and approval by City Council. The final site plan

is subject to City staff approval.

EXISTING LAND USES & ZONING

Two of the parcels currently have a 46,379 ft

grocery store with 254 parking spaces on

5.7 acres and are zoned C-3 Highway Business. All additional parcels to be included in

the Special Use Permit are currently zoned C-3 Highway Business. There are two

vacant buildings located on Parcel # 9368-83-9870. Parcel # 9568-83-9764 is vacant

and Parcel # 9568-84-7009, of which a portion is to be added to this site, includes two

buildings with personal services, offices and retail uses.

The proposed site will include the above mentioned parcels or portions thereof and

have a total of 7.23 acres.

Surrounding zoning districts are shown on the “Zoning Map” on page 24.

COMPREHSIVE PLAN CONSISTENCY

The parcels included in this project are classified as Neighborhood Activity Center on

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the 2030 Comprehensive Plan’s Future Land Use Map. Surrounding parcels are also

classified as Neighborhood Activity Center.

The goal of the Neighborhood Activity Center is to “concentrate retail in dense, walkable

mixed-use nodes located at major intersections in order to promote a sense of

community and a range of services that enhance the value of Hendersonville’s

neighborhoods.”

Comprehensive Plan consistency is addressed under “E” on page seven. The

Comprehensive Plan Future Land Use Map is located on page 25.

PLAN REVIEW

General

The site currently has a 46,379 ft

grocery store with 254 parking spaces on 5.7 acres.

The applicant is proposing to replace the existing grocery store building and two other

buildings with a 72,000 ft

grocery store and a Gas Express. The Gas Express will have

a 5,418 ft

canopy that also includes a kiosk for the attendant. The proposed site will

have a total of 7.23 acres.

Street Closing

On May 2, 2013, City Council adopted an Order to Permanently Close portions of Joel

Wright Drive, Copper Penny Street and an unopened alley surrounding the Ingles

grocery store. Also in May 2013, Gary and Cindy Jones, landowners of an adjacent

property, filed a civil action against the City and Ingles. As it pertains to the City, the

lawsuit asks the court to set aside the City’s closing of the street. This lawsuit is

scheduled for trial in June.

Redevelopment in the Floodway and Special Flood Hazard Area

Section 17-2-4 of the Zoning Ordinance allows redevelopment to occur on existing

developed sites which no longer function as natural flood plain and when such

redevelopment will not result in any further loss of flood-plain functionality. This section

states that “where feasible, redevelopment proposals should demonstrate an

improvement in the site’s functionality as a flood plain. In light of this intent,

redevelopment of existing developed sites shall be permitted within the floodway and

special flood hazard area only when the applicant has satisfactorily demonstrated the

following:

a)The proposal is to redevelop an existing developed site as of the date of this

ordinance evidenced by substantial coverage of the site by buildings, fill, gravel or

paved drives or parking areas or other impervious surfaces.

b)There shall be no loss of flood storage capacity on the site as a result of the

redevelopment.

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c)The applicant, utilizing best management practices, shall reduce the post-

redevelopment rate of stormwater runoff from the pre-redevelopment rate of runoff, if

feasible. In any event, the post-redevelopment rate of runoff shall not be greater than

the pre-redevelopment rate.

d)The project design, including any best management practices (BMPs) will result in a

project which is consistent with the purposes of the Natural Resources Protection

Ordinance as stated in Section 17-1. In this regard, the applicant shall demonstrate the

following:

1) The project shall not degrade the quality of the water in creeks, streams, ponds

and lakes that flow into and out of the City.

2) The project shall not contribute to future flooding problems.

3) The project preserves the water carrying capacity of watercourses and the natural

water storage of the special flood hazard area.

4) The project protects land and watercourses from pollutants, sedimentation and

erosion.

5) The project retains open spaces in order to protect their environmentally-sensitive

character; and

6) The project protects and conserves significant natural resources from degradation

due to urbanization.

e)The applicant shall comply with all relevant provisions of the Flood Damage

Prevention Ordinance including obtaining a no-rise certificate, if needed.

Johnson Ditch

Johnson Ditch runs along the western border of three parcels and the eastern border of

an additional parcel that relates to this special use permit request. Currently a portion of

Johnson Ditch is in a culvert. The applicant has received approval and a permit from the

US Army Corps of Engineers to replace 253 linear feet of existing culvert and to install

300 linear feet of new culvert which will result in an additional 300 feet of Johnson Ditch

being underground.

Stormwater

The applicant will be improving the site’s stormwater management meeting current

Phase II stormwater management requirements.

Sidewalks

In addition to a sidewalk along the parcel boundary fronting Spartanburg Highway, there

will be a sidewalk connecting Spartanburg Highway to the front of the building. There is

also a sidewalk connecting a portion of the rear parking lot which travels along the

western parcel boundary and connects to the front of the building. This sidewalk also

connects the parcel intersections with Copper Penny Street and Joel Wright Drive.

There are currently no sidewalks connecting Greenville Highway with the site along

these streets.

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A condition has been added to the List of Uses and Conditions for the applicant to

provide a minimum five foot wide sidewalk meeting City standards connecting the site to

Greenville Highway along Copper Penny Street, or equivalent location as agreed to by

the City. Staff has reviewed this condition with the applicant and the applicant has

agreed to coordinate with Public Works to construct this sidewalk.

Landscaping

In areas where no bufferyards are required, Zoning Ordinance Section 15-9 (b) requires

a five foot wide planning strip between vehicular use areas and abutting properties.

Those planting strips are shown on the preliminary site plan. Actual plantings are shown

on landscaping plans that are submitted with the final site plan. The applicant is waiting

on additional surveying results and will need to add the five foot wide planting strip

between the proposed sidewalk and the western property boundary. This revision to the

site plan is still pending.

Traffic Impact Analysis (TIA)

Zoning Ordinance Section 6-19 requires a traffic impact analysis whenever a

development generates 100 peak hour or 1000 or more trips daily. A “trip” is a one-

direction vehicle movement entering or exiting a site.

A traffic impact analysis (TIA) has been completed by Mattern & Craig and has been

reviewed by Kimley-Horn & Associates, the traffic consultant for the city. This TIA was

based on a store size of 77,427 ft

. Based on the Institute of Transportation Engineers

Trip Generation manual, a 77,427 ft

grocery store and 8 gas pumps is estimated to

generate a total of 7,923 daily trips. Since the store is reduced in size, staff did not

require that the TIA be amended to reflect a reduction in daily trips.

Since the development of that TIA, an additional change has occurred in the preliminary

site plan. The change includes a full access right in right out driveway being modified to

be a right-in only driveway. This proposed additional driveway on Spartanburg Highway,

which the applicant has requested a variance to allow, was reviewed by Kimley- Horn &

Associates and is addressed below under “Variance Requests.”

Variance Requests:

Parking

Table 6-5-2 of the Zoning Ordinance requires one space for each 200 ft

of gross floor

area. Based on 72,000 ft

, 360 parking spaces are required.

The applicant is requesting a variance from the parking requirements reducing the

number of required parking spaces from 360 to 237. The applicant has supplied a

parking analysis comparing actual parking needs at two other sites. Those sites include

an Ingles store in Fletcher and an Ingles store in Arden. Based on that parking analysis,

peak parking needs resulted in a parking ratio of one space for each 426 ft

of gross

floor area. The requested variance results in a parking ratio of one space for each 304

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of gross floor area.

Driveway

Zoning Ordinance Entry Corridor Overlay Section 5-18-4.3 Driveways limits the number

of driveways on any road frontage to not more than two and limits the total number of

driveways serving a site to three. The purpose of this provision is to limit the number of

curb cuts (driveways) along major highways in order to improve traffic flow.

The proposed site plan shows three driveway access points along Spartanburg

Highway, one driveway access from Copper Penny Street and one driveway access

from Joel Wright Drive. Currently, the site has two driveway access points along

Spartanburg Highway, one driveway access from Copper Penny Street where Copper

Penny Street dead ends at the parcel boundary and one driveway access from Joel

Wright Drive where Joel Wright Drive dead ends at the parcel boundary.

The applicant is requesting a variance from Zoning Ordinance Section 5-18-4.3 to allow

an additional driveway along Spartanburg Highway. A variance is also necessary to

allow the project to exceed the maximum number of driveways which is currently limited

to three total.

Section 5-18-4.3 allows that additional driveways may be permitted when they are

necessary to improve traffic movement, increase sight distances or for other safety

reasons. Kimley Horn & Associates has provided the following comments:

Considerations

The US 176 corridor remains one of the high accident corridors within the City of

Hendersonville. Consistent efforts have been made by the City through development

code requirements, small area plan studies, TIA ordinances and site plan review to

improve the access management along the corridor. The purpose of these efforts has

been to create a coordinated strategy for improved traffic operations and safety.

Findings

Based on direction provided in the City of Hendersonville Zoning Ordinance and the

NCDOT Driveway Manual, the following points are offered for consideration in the

evaluation of the proposed three driveways.

 The NCDOT Driveway Manual provides direction regarding the number and

spacing of driveways along a corridor. US 176 is a corridor with heavy traffic

volumes and a history of documented safety concerns. According to the

Driveway Manual, a minimum of 1,000 feet should be provided between

driveways. Currently, the site has approximately 400 feet of frontage along US

176.

 Under these circumstances, three driveways along US 176 is inconsistent with

the City of Hendersonville Zoning Ordinance.

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 The City of Hendersonville Zoning Ordinance sites reasons to consider a

variance regarding the maximum number of driveways:

a) Traffic Operations – when the addition of a driveway is determined as

needed to mitigate unfavorable traffic operations on the public street.

b) Safety Ǧ when the addition of the driveway is demonstrated to significantly

improve a documented safety concern.

The current variance application has excluded information that would demonstrate how

the proposed third driveway would address or enhance existing and proposed traffic

operations and safety along US 176 corridor. Nor has the application documented the

operational need for a third driveway. The traffic study performed for the proposed

development only considered an access configuration that included the third driveway.

The lack of analysis for conditions that exclude the third driveway eliminates the

possibility of an objective comparison of operations and safety. Therefore, there is no

evidence demonstrating that a third driveway is necessary to maintain adequate levels

of service and there is no evidence presented suggesting that the addition of a third

driveway enhances safety.

Building Setback Variance

Zoning Ordinance Section 5-15-4.1 Setbacks require that Planned Commercial

Developments shall have a minimum setback of 25 feet from any exterior property line.

The applicant is requesting a variance from this requirement to allow approximately 333

square feet of the northwest corner of the building to encroach into the 25 foot setback.

ANALYSIS

Section 7-4-10.1 of the Zoning Ordinance states, “no special use permit shall be

approved by City Council unless each of the following findings is made.”

(A) The use or development is located, designed, and proposed to be operated so as

to maintain or promote the public health, safety, and general welfare.

Based on comments from Kimley Horn & Associates, the applicant has not

shown any evidence that adding an additional right-in driveway on

Spartanburg Highway is necessary to maintain adequate levels of service

or enhance safety.

(B) There are, or will be at the time they are required, adequate public facilities to

serve the use or development as specified in Section 7-11.

The property is currently served by water and sewer.

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the Zoning Ordinance or with variances thereto, if any, granted pursuant to

Section 7-4-14, and with all other applicable regulations. Section 7-4-14 allows

that City Council may authorize variances in specific cases from the dimensional

and improvements standards of the Zoning Ordinance upon finding that a literal

enforcement of such standards will result in practical difficulty or unnecessary

hardship.

The applicant is requesting the following variances:

#1 A variance from Zoning Ordinance Table 6-5-2, reducing the number

of required parking spaces from 360 to 237.

#2 A variance from Zoning Ordinance Section 5-18-4.3 increasing the

number of driveways a development parcel may have on any given road

from two to three. A variance is also necessary to allow the project to

exceed the maximum number of driveways which is currently limited to

three total.

#3 A variance from Zoning Ordinance Section 5-15-4.1 Setbacks

allowing 333 square feet of the northwest corner of the building to

encroach 22 feet into the required 25 foot setback.

Variance request applications and justifications begin on Page 17.

(D) The use or development is located, designed, and proposed to be operated so as

to be compatible with the particular neighborhood in which it is to be located.

A neighborhood compatibility meeting concerning the application was held

on March 16, 2015. Notice was provided by U.S. mail to the owners of

record of all property situated within 400 feet of the subject property.

Approximately 10 members of the general public attended the meeting. The

general public asked questions regarding the following:

Access to the property

Parking & the reduction of

parking

Location of the parking spaces

Deceleration lane

Brownfield contamination

Gas pumps

Stormwater

Johnson Ditch

A copy of the neighborhood compatibility report accompanies this

memorandum.

(E) The use or development conforms to the general plans for the physical

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development of the City as embodied in this Ordinance and in the

Comprehensive Plan and the Comprehensive Transportation Plan.

The 2030 Comprehensive Plan’s Neighborhood Activity Center category is

intended to “concentrate retail in dense, walkable mixed-use nodes located

at major intersections in order to promote a sense of community and a

range of services that enhance the value of Hendersonville’s

neighborhoods.”

The Comprehensive Transportation Plan does not indicate any

improvements to Spartanburg Highway.

PLANNING BOARD

The Planning Board took this matter up at its regular meeting of April 13, 2015. The

Planning Board made the following recommendations:

The Planning Board voted five in favor and one opposed to recommend City Council

approve a variance from Zoning Ordinance Table 6-5-2, reducing the number of

required parking spaces from 360 to 237 because of the need for Ingles in that area.

The Planning Board voted five in favor and one opposed to recommend City Council not

approve a variance from Zoning Ordinance Section 5-18-4.3 Driveways, increasing the

number of driveways a development parcel may have on any road from two to three due

to safety reasons on this particular road.

The Planning Board voted unanimously to recommend City Council approve a variance

from Zoning Ordinance Section 5-18-4.3 Driveways, increasing the maximum number of

driveways a development parcel may have from three to four.

The Planning Board voted four in favor and two opposed to recommend City Council

approve a variance from Zoning Ordinance Section 5-15-4.1 Setbacks allowing

approximately 333 square feet of the northwest corner of the building to encroach 22

feet into the required 25 foot setback to allow construction of the new building.

The Planning Board voted unanimously to recommend City Council adopt an ordinance

amending the official zoning map of the City of Hendersonville changing the zoning

designation of Parcel #’s 9568-94-0252, 9568-83-9870, 9568-94-0455, 9568-83-9764

and an approximate .23 acre portion of 9568-84-7009 from C-3 Highway Business to

PCD Planned Commercial Development, as shown on Exhibit A, finding that the

rezoning is consistent with the Comprehensive Plan, the rezoning is reasonable and in

the public interest for the reason of a new Ingles. The Planning Board also voted

unanimously to recommend that City Council approve the application of Ingles Markets

for a Special Use Permit based on the site plan submitted by the applicant and subject

to the limitations and conditions stipulated on the published List of Uses and Conditions

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SUGGESTED MOTIONS

Variance Request #1

Approval: I move City Council to approve a variance from Zoning Ordinance Table

6-5-2, reducing the number of required parking spaces from 360 to 237.

[

PLEASE STATE YOUR REASONS]

Denial: I move City Council to not approve a variance from Zoning Ordinance

Table 6- 5-2, reducing the number of required parking spaces from 360 to

237.

[

PLEASE STATE YOUR REASONS]

Variance Request #2a

Approval: I move City Council to approve a variance from Zoning Ordinance Section

5-18-4.3 Driveways, increasing the number of driveways a development

parcel may have on any road from two to three.

[

PLEASE STATE YOUR REASONS]

Denial: I move City Council to not approve a variance from Zoning Ordinance

Section 5-18-4.3 Driveways, increasing the number of driveways a

development parcel may have on any road from two to three.

[

PLEASE STATE YOUR REASONS]

Variance Request #2b

Approval: I move City Council to approve a variance from Zoning Ordinance Section

5-18-4.3 Driveways, increasing the maximum number of driveways a

development parcel may have from three to (four or five).

[

PLEASE STATE YOUR REASONS]

Denial: I move City Council to not approve a variance from Zoning Ordinance

Section 5-18-4.3 Driveways, increasing the maximum number of

driveways a development parcel may have from three to (four or five).

[

PLEASE STATE YOUR REASONS]

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Variance Request #3

Approval: I move City Council to approve a variance from Zoning Ordinance Section

5-15-4.1 Setbacks allowing approximately 333 square feet of the

northwest corner of the building to encroach 22 feet into the required 25

foot setback.

[

PLEASE STATE YOUR REASONS]

Denial: I move City Council to not approve a variance from Zoning Ordinance

Section 5-15-4.1 Setbacks allowing approximately 333 square feet of the

northwest corner of the building to encroach 22 feet into the required 25

foot setback.

[

PLEASE STATE YOUR REASONS]

Special Use Permit and Rezoning

Approval: I move City Council to adopt an ordinance amending the official zoning

map of the City of Hendersonville changing the zoning designation of

Parcel #’s 9568-94-0252, 9568-83-9870, 9568-94-0455, 9568-83-9764

and an approximate .23 acre portion of 9568-84-7009 from C-3 Highway

Business to PCD Planned Commercial Development, as shown on Exhibit

A, finding that the rezoning is consistent with the Comprehensive Plan, the

rezoning is reasonable and in the public interest for the following reasons:

[

PLEASE STATE YOUR REASONS]

I further move City Council to approve the application of Ingles Markets for

a Special Use Permit based on the site plan submitted by the applicant and

subject to the limitations and conditions stipulated on the published List of

Uses and Conditions.

Denial: I move City Council to not approve the application of Ingles Markets for

issuance of a Special Use Permit.

[

PLEASE STATE YOUR REASONS]

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AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP

OF THE CITY OF HENDERSONVILLE

IN RE: Ingles # 77

(File # P15-8-SUR)

Be it ordained by the City Council of the City of Hendersonville:

1. Pursuant to Article XI of the Zoning Ordinance of the City of

Hendersonville, North Carolina, the Zoning Map is hereby amended by

changing the zoning designation of the following:

Rezone Parcel # 9568-94-0252 from C-3 Highway Business to PCD

Planned Commercial Development;

Rezone Parcel # 9568-83-9870 from C-3 Highway Business to PCD

Planned Commercial Development;

Rezone Parcel # 9568-94-0455 from C-3 Highway Business to PCD

Planned Commercial Development;

Rezone Parcel # 9568-83-9764 from C-3 Highway Business to PCD

Planned Commercial Development;

Rezone an approximate .23 acre of Parcel # 9568-84-7009 as shown on

Exhibit A from C-3 Highway Business to PCD Planned Commercial

Development.

2. This ordinance shall be in full force and effect from and after the date of its

adoption.

Adopted this 7

day of May 2015.

Barbara Volk, Mayor

ATTEST:

_________________________

Tammie K. Drake, CMC, City Clerk

Approved as to form:

________________________ _

Samuel H. Fritschner, City Attorney

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Exhibit A

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IN RE: Ingles #77 (File # P15-8-SUR)

List of Uses & Conditions

I. Stipulated Uses:

Only the following uses are authorized for the referenced development:

Retail Stores

II. Conditions:

(1) Shall Be Attached to the Special Use Permit and Satisfied Prior to

Issuance of Final Site Plan Approval:

Add the five foot wide planting strip between the proposed sidewalk and

the western property boundary.

Submittal and approval of a site plan for Parcel #9568-84-7009.

Recombination of all parcels or portions thereof included in this Special

Use application.

(2) Shall Be Attached to the Special Use Permit:

Provide a minimum 5 foot wide sidewalk meeting City standards

connecting the Ingles site to Greenville Highway along Copper Penny

Street, or equivalent location as agreed to by the City, prior to issuance of

a Certificate of Occupancy.

Final plans for the project shall comply with approved plans, the conditions

agreed to on the record of this proceeding and applicable provisions of the

Zoning Ordinance.

Ingles Markets

Signature: _______________

Printed Name:

Date: ________ _____

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Planning Director’s Report

Neighborhood Compatibility Meeting

Application for a Special Use Permit and Rezoning

Ingles Spartanburg Highway File #P15-8-SUR

Monday March 16, 2015 1:30 p.m.

Sue Anderson, Planning Director, convened the compatibility meeting at 1:30 pm in the

Assembly Room of the City Operations Center. The following were in attendance:

Name

Address

Name

Address

John Cox

(applicant)

Lancaster SC

Preston Kendall

(applicant)

Candler, NC

Robert Billings

(applicant)

Mt. Holly, NC

Samia Coker

(applicant)

Milton, GA

Dan Hicks

(applicant)

Alpharetta , GA

Stephanie Ambrose

(applicant)

Fairview, NC

Ken Youngblood

240 3

Ave. West

Gary & Cindy

Jones

619 Spartanburg

Hwy

Tony Baron

640 Greenville

Hwy

Edward & Shirley

Jones

323 Lawn Ave

Don Cheatham

173 Thrashing

Rock Dr.

Sam Winfield

3675

Spartanburg

Hwy

Alvin Bishop

629 Market Street

Ken Gordon

140 Sultana

Drive

Sue Anderson

City of

Hendersonville

Lu Ann Welter

City of

Hendersonville

Ms. Anderson opened the meeting explaining this is the first step in a three step

process. Minutes of this meeting will be forwarded to Planning Board and City Council.

Preston Kendall, with Ingles Markets said this is the second time this project has had a

neighborhood compatibility meeting. He added that concerns brought up before have

now been addressed so he hopes to have more answers for the public. He said a

neighbor of the project has filed a lawsuit against Ingles and the City of Hendersonville

so not all questions may be answered as there are legal concerns. Mr. Kendall then

gave a slide presentation on the project site, elevations as compared with the Mills

River store, floor plans, the look of the gas station, energy star rating system and the

proposed site plan. He added they have now received a floodplain permit and

permission from the Army Corp of Engineers to pipe the creek on the site.

Ms. Anderson added there are three variances requested with this application. The first

is for encroachment into a side setback. The second is to reduce the number of parking

spaces. The third variance is to add a third driveway from Spartanburg Highway as the

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Entry Corridor requirements limit a site to two driveways.

Don Cheatham asked if access to his property on Joel Wright Street will change. John

Cox, of Ingles, said no. Gary Jones disagreed saying Joel Wright Drive will now end at

the store. Mr. Jones said he is opposed to the project as they are building a bigger store

but proposing fewer parking spaces than they have now. He asked if they have planned

for a Brownfield clean up on their property. Mr. Cox said the phase one study did not

show evidence of contamination. Mr. Jones said he recently had to do a clean-up on his

property which is adjacent to this site and is sure there will be problems. Mr. Jones

asked about the water running to the Johnson Ditch. Mr. Cox said they will be required

to use an adequate sized pipe to hold the water. Ms. Anderson clarified that all

stormwater plans will be reviewed and approved as part of the final site plan process.

Mr. Jones stated that Ingles is encroaching on his roadbed with their plans.

Ken Gordon asked about the parking reduction. Mr. Cox said they are asking to go from

250 spaces to 237. He said they have studied two other stores and, in comparing the

numbers, figure they only need 186 at this store but are adding 40 more. Ms. Anderson

clarified this site plan actually requires 360 parking spaces per the City’s zoning

ordinance and Ingles is proposing 237. Cindy Jones questioned how many parking

spaces are actually in front of the store but not beyond the gas pumps. Mr. Cox said he

did not know. Mr. Jones answered 145. Mrs. Jones said her concern all along has been

the large amount of parking behind the building and beyond the gas pumps.

Mr. Gordon asked if the food Co-op up the road required a variance. Ms. Anderson said

she did not think so but would have to check the file. Tony Baron of Century 21 asked if

the current retention pond would be changed or reduced. Mr. Cox said there is no

retention pond currently on the site but they will be adding one. Mr. Baron asked about

covering the creek. Mr. Cox said those plans will be reviewed.

Mr. Jones asked if a certain percentage of parking can be reduced through a variance.

Ms. Anderson said City Council reviews each project on its own and can approval or

deny a variance request. Mr. Baron asked where the determination of parking space

requirements comes from. Mr. Cox said parking studies are done nationwide giving

numbers to certain uses and size buildings. Cities then review these numbers and make

their own parking space requirements. He went on to say the trend for many years has

been very large parking lots in which most spaces were not in use but once or twice a

year. Ingles does a review of their needs and that’s what they are asking for. He added

they don’t want to have too few spaces or people will go elsewhere.

Mr. Baron asked if the gas pumps are in the middle of the front parking lot. Mr. Cox said

they are closer to Spartanburg Highway with parking beyond. Mr. Jones asked if there

will be a deceleration lane turning into the site. Mr. Cox said no. Mr. Jones asked the

parking ratio at the Mills River store. Mr. Cox said one space to 300 sq. ft. of store. Mr.

Jones commented with the one access from Joel Wright and Copper Penny, there are

really five entrances. Mr. Jones asked about fire access. Mr. Cox said they have met

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with the fire marshal and a plan is worked out.

Mr. Baron said currently from his office on Greenville Highway, he can cut up Copper

Penny or Joel Wright and get out to Spartanburg Highway without going thru the red

lights. Will that still be possible? Mr. Cox said yes but thru the Ingles site.

With no further comments or questions, Ms. Anderson closed the meeting at 2:12.

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APPEAL OF DEVELOPMENT DECISIONS

Section 7-13 of the Zoning Ordinance outlines the process for appeal of development

decisions by City Council. The following Sections of the Zoning Ordinance apply

specifically to Special Use Review:

Section 7-13-2 (b): Preliminary site plans. Decisions of the City Council regarding

appeals from development decisions concerning applications for preliminary site

plan approval may be appealed to the Superior Court by any aggrieved party. Such

appeals shall be in the nature of certiorari and must be filed within 30 days after the

filing of the decision in the office of the City Clerk or after a written copy thereof is

delivered to every aggrieved party who has filed a written request for such copy with

the Clerk at the time of the hearing, whichever is later. The copy of the decision of

the Council may be delivered to aggrieved parties either by personal service for by

registered mail or certified mail return receipt requested.

Section 7-13-2 (d): Special use review. Judicial review of decisions regarding

applications processed under the provisions of special use review, established in

Section 7-4, above, require special treatment due to the fact that they involve two

separate applications which, though processed simultaneously, require Council to

make two separate decisions exercising two different types of decision-making

authority. One application requests enactment of an ordinance amending the Official

Zoning Map, and the other requests issuance of a special use permit. The first

application involves a legislative decision on the part of Council, and the second a

quasi-judicial decision. The quasi-judicial decision, that is, the one concerning the

application for a special use permit, may be appealed to the Superior Court by any

aggrieved party in the manner prescribed in paragraph b), above. Such appeal shall

be in the nature of certiorari. The legislative decision, which is the one concerning

the request for rezoning, may be contested, in accordance with NCGS Section

160A-364.1, by a cause of action commenced within two months of the date of the

decision.

The validity of the ordinance may be challenged in accordance with North Carolina

General Statute Section 160A-364.1.

§ 160A-364.1. Statute of limitations.

A cause of action as to the validity of any zoning ordinance, or amendment thereto,

adopted under this Article or other applicable law shall accrue upon adoption of the

ordinance, or amendment thereto, and shall be brought within two months as provided

in G.S. 1-54.1. (1981, c. 891, s. 3; 1995 (Reg. Sess., 1996), c. 746, s. 7.)

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CITY OF HENDERSONVILLE

AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $_________________ Is this expenditure approved in the current fiscal year

budget? If no, describe how it will be funded.

Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

Sue Anderson, Planning Director

Planning

April 15, 2015

Sue Anderson

May 7, 2015

Council Action

File # P15-5-SUR

The City is in receipt of a Special Use Permit application from Hollis Fitch of Flatiron Partners for the development of 80

multi-family residential units on 10 acres. The project is proposed on a portion of Parcel # 9579-29-5777. The proposed

parcel will have frontage on Francis Road, Lakewood Road and Highlands Square Drive. The density for this project is

7.54 units per acre. The applicant is also requesting to rezone a portion of this parcel from I-1 Industrial to PRD Planned

Residential Development.

This application is for special use review. The preliminary site plan is subject to recommendation by the Planning Board

and approval by City Council. The final site plan is subject to City staff approval.

Not Applicable

See page five of the attached memo for the suggested motions.

Memo

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M E M O R A N D U M

TO: Honorable Mayor and City Council

FROM: Susan Anderson

RE: Cedar Terrace

FILE #: P15-5-SUR

DATE: April 15, 2015

PROJECT DESCRIPTION

The City is in receipt of a Special Use Permit application from Hollis Fitch of Flatiron

Partners for the development of 80 multi-family residential units on 10 acres. The project

is proposed on a portion of Parcel # 9579-29-5777. The proposed parcel will have

frontage on Francis Road, Lakewood Road and Highlands Square Drive. The density for

this project is 7.54 units per acre. The applicant is also requesting to rezone a portion of

this parcel from I-1 Industrial to PRD Planned Residential Development.

This application is for special use review. The preliminary site plan is subject to

recommendation by the Planning Board and approval by City Council. The final site plan

is subject to City staff approval.

EXISTING LAND USE & ZONING

Parcel # 9579-29-5777 is currently zoned I-1 Industrial and is vacant. The parcel to the

north across Highlands Square Drive is zoned PCD Planned Commercial Development

and includes Sam’s Club. The parcel located to the east is zoned PRD Planned

Residential Development and includes the Cedar Bluff Apartments with 64 units. Parcels

to the south across Francis Road are zoned C-2 Secondary Business and include

residential uses. Surrounding zoning districts are shown on the “Zoning Map” on page 14.

COMPREHSIVE PLAN CONSISTENCY

The parcel included in this application and parcels located to the north, east and south

are classified as Regional Activity Center on the 2030 Comprehensive Plan’s Future Land

Use Map. The goal of the Regional Activity Center classification is to “meet the large-

scale retail needs of Hendersonville residents while encouraging mixed-use, walkable

design through redevelopment and infill projects.”

The parcel located to the west is classified as Business Center and Natural Resource/

Agricultural. The goal of the Business Center classification is to “create an employment

corridor along I-26 that supports the growth of Hendersonville as a business destination

and to create a campus like mixed-use environment that includes office, research and

low-impact industrial uses, as well as supportive retail amenities.” The goal of the Natural

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Resource/Agricultural classification is to “create an interconnected network of green

infrastructure that preserves environmentally sensitive areas, protects water resources

through low-impact stormwater management, provides floodwater storage, provides

community open space and recreational opportunities, and preserves agricultural

resources.”

The Regional Activity Center lists multi-family residential as a secondary use. The

Comprehensive Plan recommends that secondary uses such as this one may be

permitted through the planned development and special use procedures. This project is

a planned development and is being processed through the special use permit

procedures.

The 2030 Comprehensive Plan’s Future Land Use Map is located on page 15.

Comprehensive Plan consistency is addressed under “E” on page three.

PLAN REVIEW

Buildings

The site plan includes the following:

x Five two story multi-family buildings with a total of 80 units

x A 2,091 ft

Community Building

x Common areas including an playground and gazebo

The site plan and an elevation drawing are included with this memorandum. The elevation

drawing shows proposed façades.

Parking

The site plan shows 160 parking spaces for the proposed multi-family residential

development. The minimum required by the Zoning Ordinance based on number of

bedrooms is 132.

Stream

Allen Branch runs within the property boundary along Highlands Square Drive. Adjacent

to and to the west of Allen Branch is a steep bank that rises approximately 30 feet. The

site plan does show the required 30 foot stream buffer and 20 foot transition zone.

Greenway

When the Wal-Mart project was approved by City Council in 2000, a condition was placed

on that project that stated “dedication of a thirty-foot right-of-way along Allen Branch for

the purpose of developing a public greenway.” Staff has added a condition to this Special

Use request for an easement for the continuation of that greenway alignment and the site

plan has a note stating “greenway easement for continuation of greenway easement by

Wal-Mart along Allen Branch.”

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Stormwater

The applicant will be providing stormwater management plans to the Engineering

Department as part of the final site plan submittal requirements.

ANALYSIS

Section 7-4-10.1 of the Zoning Ordinance states, “no special use permit shall be approved

by City Council unless each of the following findings is made.”

(A) The use or development is located, designed, and proposed to be operated so as

to maintain or promote the public health, safety, and general welfare.

Staff has not identified any issues relating to public health, safety or general

welfare.

(B) There are, or will be at the time they are required, adequate public facilities to serve

the use or development as specified in Section 7-11.

Water and sewer are available to the site.

the Zoning Ordinance or with variances thereto, if any, granted pursuant to Section

7-4-14, and with all other applicable regulations.

No variances are requested.

(D) The use or development is located, designed, and proposed to be operated so as

to be compatible with the particular neighborhood in which it is to be located.

A neighborhood compatibility meeting concerning the application was held

on February 13, 2015. Notice was provided by U.S. mail to the owners of

record of all property situated within 400 feet of the subject property as

required by Section 7-4-4.1 of the Zoning Ordinance.

Approximately seven people representing the general public attended the

meeting. The public raised concerns about the traffic and trucks on Francis

Road, driveway location, criminal activity in the area, income level of tenants,

property maintenance, site lighting and construction time frame.

A copy of the neighborhood compatibility report accompanies this

memorandum.

(E) The use or development conforms to the general plans for the physical

development of the City as embodied in this Ordinance and in the Comprehensive

Plan and the Comprehensive Transportation Plan.

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The 2030 Comprehensive Plan’s Regional Activity Center classification is

intended to “meet the large-scale retail needs of Hendersonville residents

while encouraging mixed-use, walkable design through redevelopment and

infill projects.”

The Regional Activity Center lists multi-family residential as a secondary

use. The Comprehensive Plan recommends that secondary uses such as

this one may be permitted through the planned development and special

use procedures. This project is a planned development and is being

processed through the special use permit procedures. Therefore, this

proposed development is consistent with the 2030 Comprehensive Plan’s

Land Use and Development recommendations.

The Comprehensive Transportation Plan does not indicate any

improvements to Francis Road or Lakewood Road. Highlands Square Drive

is a private road and is not included in the Comprehensive Transportation

Plan.

TREE BOARD

The Tree Board met on April 7

to review this project. The Tree Board did not have any

recommendations or additional comments for the project.

PLANNING BOARD

The Planning Board took this matter up at its regular meeting of March 9, 2015. The

Planning Board voted unanimously to recommend City Council adopt an ordinance

amending the official zoning map of the City of Hendersonville changing the zoning

designation of a portion of Parcel # 9579-29-5777 from I-1 Industrial to PRD Planned

Residential Development, finding that the rezoning is consistent with the Comprehensive

Plan, the rezoning is reasonable and in the public interest to provide more affordable

housing.

The Planning Board also voted unanimously to recommend City Council approve the

application of Flatiron Partners for a Special Use Permit based on the site plan submitted

by the applicant and subject to the limitations and conditions stipulated on the published

List of Uses and Conditions.

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SUGGESTED MOTIONS

Special Use Permit and Rezoning

Approval: I move City Council to adopt an ordinance amending the official zoning map

of the City of Hendersonville changing the zoning designation of a portion of Parcel #

9579-29-5777 from I-1 Industrial to PRD Planned Residential Development, finding that

the rezoning is consistent with the Comprehensive Plan, the rezoning is reasonable and

in the public interest for the following reasons:

[

PLEASE STATE YOUR REASONS]

I further move City Council to approve the application of Flatiron Partners for a Special

Use Permit based on the site plan submitted by the applicant and subject to the

limitations and conditions stipulated on the published List of Uses and Conditions.

[

ADD, IF APPLICABLE, “AND THE FOLLOWING ADDITIONAL CONDITIONS”]

Denial: I move City Council to not approve the application of Flatiron Partners for

rezoning and issuance of a special use permit.

[

PLEASE STATE YOUR REASONS]

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IN RE: Cedar Terrace (File # P15-5-SUR)

List of Uses & Conditions

I. Stipulated Uses:

Only the following uses are authorized for the referenced development:

Residential Dwellings Multi-family

II. Conditions:

(1) Shall Be Attached to the Special Use Permit and Satisfied Prior to

Issuance of Final Site Plan Approval:

Recorded subdivision plat creating this parcel

Annexation application for this parcel for sewer extension

Dedication and recordation of a thirty-foot easement along Allen Branch for

the purpose of developing a public greenway

(2) Shall Be Attached to the Special Use Permit:

Final plans for the project shall comply with approved plans, the conditions

agreed to on the record of this proceeding and applicable provisions of the

Zoning Ordinance.

Cedar Terrace

Signature: _______________

Printed Name:

Date: ________ _____

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AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP

OF THE CITY OF HENDERSONVILLE

IN RE: Cedar Terrace

(File # P15-5-SUR)

Be it ordained by the City Council of the City of Hendersonville:

1. Pursuant to Article XI of the Zoning Ordinance of the City of Hendersonville,

North Carolina, the Zoning Map is hereby amended by changing the zoning

designation of the following:

Rezone a portion of Parcel # 9579-29-5777, as shown in Exhibit A, from I-

1 Industrial to PRD Planned Residential Development.

2. This ordinance shall be in full force and effect from and after the date of its

adoption.

Adopted this 7

, day of May 2015.

Barbara Volk, Mayor

ATTEST:

_________________________

Tammie K. Drake, CMC, City Clerk

Approved as to form:

________________________ _

Samuel H. Fritschner, City Attorney

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Exhibit A

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Planning Director’s Report

Neighborhood Compatibility Meeting

Application for a Special Use Permit and Rezoning

Cedar Terrace Apartments File #P15-5-SUR

Friday February 13, 2015 3:00 p.m.

Sue Anderson, Planning Director, convened the compatibility meeting at 3:00 pm in the

Council Room of City Hall. The following were in attendance:

Name

Address

Name

Address

Hollis Fitch (applicant)

Charlotte NC

Paul Fitch (applicant)

Hendersonville

Bobby Bennett

Sam’s Club

David & Jayne Cohen

104 Dublin Lane

Clint Case

129 Francis Road

Mr. & Mrs. Shannon McMinn

125 Francis Road

Fabiola Hernandez

Garcia

119 Francis Road

Sue Anderson

City Hall

Lu Ann Welter

City Hall

Ms. Anderson opened the meeting explaining this is the first step in a three step process.

Minutes of this meeting will be forwarded to Planning Board and City Council. Ms.

Anderson said this project could go before the Planning Board March 9 and City Council

could hold a public hearing on it April 2.

Hollis Fitch of Flatiron Properties of Charlotte explained the proposed housing

development will be the third they have done in western North Carolina with the closest

of these on Old Hendersonville Highway in Brevard. This project will have 80 units in five,

two-story buildings.

David Cohen asked is these would be low income housing. Mr. Fitch said yes explaining

this will receive money from a federal program, not HUD, that gives incentives to private

investors toward affordable housing. Mr. Fitch said the apartments would be available to

citizens that make less than 60% of the area medium income, or less than $30,000.

Shannon McMinn asked if there would be management on site 24 hours a day. Mr. Fitch

said typically management will be there 40 hours a week. Clint Case, 129 Francis Road,

said he has major traffic concerns as Francis Road is already a very busy street with cut-

thrus to Sam’s Club and Wal Mart, speeders that live in Cedar Bluff and tractor trailers

going to the post office facility. He added the crime and drug problems are major factors

as well. Mr. Fitch said a Traffic Impact Analysis has not been done but could be. Ms.

Anderson said the trips generated do not warrant a study.

Wanda McMinn asked about the entrance. Mr. Fitch said it would be on Francis Road.

Ms. McMinn agreed there is already too much traffic on Francis Road and theft from

people walking. Also, the car lights from this project would go right into her house. She

asked if the entrance could be on Lakewood Drive. Mr. Fitch said that is a possibility. Mr.

McMinn said the drug problems from Cedar Bluff Apartments cause a lot of problems in

the area. Mr. Fitch commented that by developing this land, the higher visibility could help

the crime problems. Mr. Case said he was told by a sheriff’s deputy they call this area

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cocaine alley.

Mr. Fitch said a TIA could give suggestions on improving the traffic problems. He asked

about calling the management at Cedar Bluff. Mr. Cohen said he only gets an answering

machine. Mr. Case said Francis Road was a dead end when he moved there thirty or so

years ago and he never would have bought there if he knew they were going to open it

up for the post office facility.

Mr. Fitch said housing is needed here and it has to go somewhere. Ms. McMinn asked

about the creek along the edge as it is a nice creek area. Ms. Anderson said the City has

a 50 foot stream buffer that limits the disturbance in that area. Mr. Fitch said they would

plan to leave that as a buffer except where they may need to run the sewer line. Mr. Case

asked if this land would be annexed. Mr. Fitch said yes to hook up to the sewer. Mr. Case

said when there are crime or drug problems, he can’t get the city or county law

enforcement to come out as they each say it’s the other’s jurisdiction. Ms. Anderson said

she would follow up with the chief on the situation.

Mr. Cohen expressed more concern with this income element coming in with drugs and

crime and asked if his real estate taxes would go up to pay for this housing. Mr. Fitch said

no, this money comes from private investors that get a tax benefit. Bobby Bennett, Sam’s

Club, agreed there is crime in this area and some people use the trails through these

woods. Mr. Fitch said at the Brevard housing project, they worked with the police and

installed a video system to help with protecting the neighbors’ concerns. Mr. Fitch

explained they do a full credit and criminal background checks on all applicants. He said

they are very thorough. A current resident cannot add someone without that person going

through the process. If drugs are found, immediate eviction and the units are inspected

quarterly. The buildings are no smoking and there are other tenant restrictions. Mr. Case

asked the impact on his property taxes. Ms. Anderson said there is no way of knowing.

Mr. Cohen expressed concern of them bringing in a certain element of people that won’t

be breaking in those units but in houses in the neighborhood.

Ms. McMinn asked how long they will be managing the property. Mr. Fitch said this is a

federal program and money is set aside each year for physical maintenance of the

property and buildings. He added there is a third party management company that deals

with the tenants. Mr. McMinn asked if the units would have sprinklers. Mr. Fitch said yes.

Mr. Cohen asked if they would consider having this property be for people 55 and older

with no children. Mr. Fitch said they are looking to fill a vital need of housing for limited

income people.

Ms. McMinn reiterated that her big concern is with the traffic. Mr. Fitch asked if it would

be better to have the driveway come off Lakewood Drive instead of Francis Road. (There

was a some consensus that it would.) Ms. Anderson added that a drive from either road

would require a driveway permit from NCDOT.

Mr. Fitch said the complex lighting would be full, cut-off lighting so it won’t shine off the

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site. It was asked when construction would begin. Mr. Fitch said if all the approvals come

through, April 2016 with one year of construction. Mr. McMinn asked if there would be a

construction entrance. Mr. Fitch said they usually use the main entrance. Ms. McMinn

asked if they could put up a fence or buffer. Mr. Fitch said a fence would be too expensive

but buffer plantings would be possible.

With no further comments or questions, Ms. Anderson closed the meeting at 3:39.

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APPEAL OF DEVELOPMENT DECISIONS

Section 7-13 of the Zoning Ordinance outlines the process for appeal of development

decisions by City Council. The following Sections of the Zoning Ordinance apply

specifically to Special Use Review:

Section 7-13-2 (b): Preliminary site plans. Decisions of the City Council regarding

appeals from development decisions concerning applications for preliminary site plan

approval may be appealed to the Superior Court by any aggrieved party. Such

appeals shall be in the nature of certiorari and must be filed within 30 days after the

filing of the decision in the office of the City Clerk or after a written copy thereof is

delivered to every aggrieved party who has filed a written request for such copy with

the Clerk at the time of the hearing, whichever is later. The copy of the decision of the

Council may be delivered to aggrieved parties either by personal service for by