Hendersonville Planning Commission - Regular Meeting

welcome thank you for being here i'm gonna call this meeting to order very first thing we have on the agenda is the opening prayer so will everybody please bow dear lord thank you for all of our blessings watch over us and protect us tonight help us all to get along and make all of us speak our minds let everybody come to this meeting with an open mind and discuss this business before us and make good judgments lord all this we pray and your sweet and holy name amen All right. Thank you, everyone. Roll call, please.

Altizer.

Here.

Cundiff.

Here.

Evans. Here. Hardwick.

Here.

Hastie.

Here.

Martin. Here. McMurray. Here. Slattery. Here. Wessel.

Here.

All right. The next thing I wanted to do is take the time right now to introduce two new people that are now on our Hendersonville Planning Commission. And the first one I'll introduce is to my right, your left. His name is Jamie McMurray. Thank you. We appreciate you being here. And the next one's to my left, and that is Jeff Cundiff. Jeff, you'll sway. Thank you for being here, too. And that's all of our new people on the commission tonight. Next thing we have is a public hearing. So it's requested by 615 Design Group to annex 32.8 acres into the city limits with a plan of services and to rezone the property to suburban residential plan development SR1PD and to approve a comprehensive development plan for the property. The property is located on the west side of Avant Lane, south of Old Drake's Creek Road, as identified in Sumner County Tax Map 138 Parcel 036.00. So, let me make sure, yeah, put it here. So the first one that we have up is John F. Colwell, did I say that right? If you'll step up to this microphone over here. Tell us your name and your address. Thank you.

Name's John Colwell at 101 Championship Place, right on Adventland.

Thank you.

Okay. The only comments I have, I'm not necessarily for or against the development, just as a General comment, because I can be hurt or helped, depending on your perspective. First of all, I looked at the property, and already, at least under current FEMA maps, it's already in an AE flood zone. So the property development, I think, based on what I see, would require large amounts of fill, which I already have dump trucks coming up and down for fill for every development. It takes the shortcut on Avant Lane. which is a park road at 15 miles an hour, which raises the other issue. It's a current park road, it says. What I read is apparently that's the purview of the council to either change it back or whatever they're going to do, but we already have a problem with Avant Road as it is. It floods constantly. The whole rugby park's flooded a couple times in 2025. I question narrowing the base of the flood zone to force it into and not be able to absorb into the property. So it's just a question. Has it been looked at as to the flood impact? There's only a two foot difference on the FEMA maps between the flood level on an AE and then two feet down to the rugby park. So it's a two foot elevation apparently for flooding. If I understand how that map's read. I just question that. I also question is there a traffic study? This is a cut through that already cuts Whenever there's a traffic problem, everybody comes down that road 80 miles an hour, and we've tried to get the police to fix it. I don't know whether the improvements of the road will slow it down. At one time, that road was supposed to be a dead end, and it was apparently overridden by the fire department, I heard. The other is I question, this is a good opportunity for the council to consider expansion of their parks. It's a flood zone. Great. perception as to whether you might want to consider that as an alternative to it. My neighbor, Mr. Avant, I'm not trying to hurt him. I hope he sells if it can work. I like bigger houses next to me. That would be fine. I just question all these issues that it has a far-reaching effect downriver to whoever is going to be downriver, and you're just funneling more and more water, I think, to make it worse. That's my opinion. The other is the expansion of the sewer line. Is there going to be an expansion of the sewer line? If it is, is it going to be on my side of the road or is it going to be on the development side of the road? Because we have a lot of really expensive homes that have beautiful landscaping and sod up and down. Our hope would be it would be on the other side of the road so that we're not dealing with that problem. And I know I have a utility easement so they can do it, but it's going to take out a lot of stuff in the process. and cost me where I just put sod down in my yard, which is that part. And the other is this is already a big park area. We have the Veterans Park on that road. We have the Rugby Complex Park. It just seems a natural part of it. I understand the city owns behind, over on the other side of the creek, a big, vast land. At least it says on the property records, the city of Hendersonville. And I question why Hendersonville doesn't connect at all. Now, it may turn it all into developments. I don't know. But that was my two cents worth, and I just question the validity of the plan as it currently exists in terms of the flood zone. Thank you.

Thank you. Next is Gary McCarney. If you'll do the same thing, step up, say your name, your address.

Yeah, Gary McCarney, 109 Championship Place. I was a strong opponent to the previous and very vocal opponent to the previous plan that had been discussed and rejected. I support this one for a number of reasons. Number one, Mr. Avant is a veteran who moved to that property when I'm sure he was surrounded by absolutely nothing. We're the interlopers. And I think we tend to forget that when we get self-absorbed and what's best for us. He has a right to sell his property, and I told him when I voiced my objections the last time that I would do something, hopefully, that could help him sell it. And I don't know whether Shell decided to look at it after I spoke to them and my daughter spoke to them or not, but I am going to stand up and say I had no problem with them doing it because I absolutely accept that that property is going to be developed. And I would rather have homes that are coming in at about $1.2 million and increasing my property value if I have to deal with all these issues that are going to happen anyway than I did in the last homes that were coming in and folks that went up and looked at their homes were not pleased with what they saw in other developments. We're going to have issues, but I think that there are questions as to the lesser of all evils. And to have a $1.2 million home go in next to our neighborhood I don't believe is as bad and evil as some of the alternatives. I moved here from Hilton Head, and we went through a lot of this in Hilton Head. And I can tell you that sometimes you end up with things that can be much worse than you ever anticipated. I lived in a closed golf course community. A developer bought a small piece of land within it, and it was actually tried to annex the driving range and turned it into an assisted living facility. And we actually had to go fight it, as ludicrous as it sounds. During that time, we did a lot of studying on what happens to communities that have similar issues as we're having right now. I'm a firm believer that it can get a lot worse, and I can give people all the paperwork that we studied to see how bad it can be. The man deserves to sell his property. He deserves to get some peace. Unless we're prepared to buy the property, which actually also happened in Hilton Head, And we can't do it as a community, unfortunately, because we're not organized as an HOA, but that was a tact that was used in Hilton Head. But something's going to happen to that property, and you've got to decide whether you want a community with $1.2 million homes or do we want a community that is the unknown. And we've already seen that there's been proposal for 65 homes. If this doesn't go through, what's next? That property is not going to be a farm for long, and that's the one thing I'd be willing to argue all day. And I think we've got an opportunity here to do the best that we're going to do with the proposal that's in front of us. Are there issues? I absolutely agree with what was stated. Let the developer address them, or at least give the developer the chance to address them. And then let's see where we stand. But I very much support this if they're able to overcome those issues.

Next is Verlin Hardin.

Good afternoon. I'm Verlin Hardin for 110 Edinburgh Drive. I came here tonight not to go against the proposal. Much like the gentleman before me, it's going to happen. It's just a matter of time. My only request is that we delay this decision until the intersection at New Shackle and Drake's Creek is completed. Once we add more homes, it's going to make it worse. The little traffic circle that we all dreamed of, of course, is probably not going to be a reality, so at least let's fix the back door of the intersection at New Shiloh and Drake Street, which I understand has been approved and funded. I would just ask that you delay this decision until that is completed. Thank you.

Thank you. Now, forgive me, I'm not going to pronounce this right. John Cahoon. I can't read it all. It's K-E-H, and then I lose it after that. Sorry about your writing, man.

That's all right. Sorry about it. John Kemna, 115 Edenburg. As some of our other friends here, I'm not opposed or against it, but I agree. Mr. Avant will sell this property, and I think the town annexing it and controlling it Closer to what the county would do because County has different rules, but we were here last year It was 60 some homes at a different quality of homes. This is 36 homes at a kind of better quality home So I think they're gonna do a better job, but I do want to bring the the paperwork that was put out there It's not really how it was communicated to us that these streets are going to be maintained by the town that's how this paperwork reads and The developer is pretty clear that this is going to be a closed community gated community And they would be responsible for these streets and the sewers and everything that's a huge burden on the town That's a big difference, so I'd ask you to keep that in mind as we go forward with this but It's good that the town gets it. They'll get the taxes look at the Impact phase and can control what it is, but please do look at closely how your paperwork was submitted and what the builder does.

I think this is just for annexing today, correct? You're right now. This public hearing is for the annexation and the plan of services.

Okay. Thank you.

And the combined development plan. And the what? The combined development plan.

I don't know what that means, but it sounds impressive.

Well, it's the initial plan that they're putting forth. It's not a guarantee that it will all come out this way. It will come out at a minimum of what they're presenting to you.

So let's look at the combined development plan, both of which you had, because you said the streets are by the town, and it doesn't sound like they're going to dedicate these streets over from what the plan was to what I understood. So let's make sure that these things are aligned.

More of that will be discussed tonight, but I believe your understanding is right on.

Thank you very much. Thank you for your services.

The next one is, I believe this is Lance Holdor.

Is it Lars?

Okay. We'll skip that one. Next is Patrick Mazey. I appreciate your nice, clear printing. It helped me.

Good evening. Yes. My name is Patrick Mazey. I'm 143 Jones Lane in Oak Creek Estates. Thank you for giving me the opportunity to speak tonight. Like many in our community, I care deeply about Hendersonville's growth. Growth is not just inevitable. It's something we have a responsibility to shape thoughtfully. What stands out to me about this project is that it reflects intentional residential planning rather than just another development and unchecked expansion, very important key. This project, like others that this developer has completed, represents an awareness of infrastructure, layout, and livability, characteristics to set them apart from the other developers in the housing industry. These attributes are critical as our city continues to grow. No project goes without questions, and it's right that those be discussed openly. But after reviewing what's been proposed, I believe this housing development moves us in the positive direction. It balances progress with responsibility, and it continues a vision of Hendersonville as a place that continues to thrive without losing what makes us special. Thank you very much.

Thank you very much. Next is Terry Dottie.

Thank you. Terry Doty, 760 Westchester Circle. I would just like to say that I support this project. I live in Durham Farms. I live in a Shell home. And as has been mentioned, the development is unfortunately inevitable everywhere this is going to happen. I would much prefer to see it done by a builder like Shell who I can tell you has First of all, they're in the community. I go to the market, I run into the guys. I mean, they're not some faceless builder that is going to disappear. I can also speak to their integrity on my own home. With anything, with the smallest issue we've had, they are on it, and they're there to take care of problems. I can't say enough about this builder, and I think that this project should go forward. Thank you.

Thank you. Paul Vandekamp.

Good evening. Paul Vandekamp, 211 Catalina Way. Again, I do support this progress and this development. The important thing that we have is an opportunity to control what we have and not end up with another 630-unit multifamily development that keeps happening down the road a bit. So if we can control this and maintain this, It's much better for those of us that live in the neighborhood there by Durham Farms. Thank you very much for your time.

Thank you. Robert Rayburn. Yeah, Robert Rayburn, 138 Ashington Circle in Durham Farms. I'm in favor of this proposal. If this proposal is rejected, there's no guarantee that what comes next will be smaller, more attractive, or generate less traffic. In fact, it could be, it could well be the opposite. Um, so that's why I'm in favor of it. And, uh, yes. Thank you. Next is Paul town.

Thank you. Uh, my name is Paul town. I live at two Oh eight Catalina way. which is a part of Durham Farms. I just have two short points I want to make. While the Avant property adjacent to Durham Farms has been enjoyed by many of us for years as a beautiful thing to look at and walk by and watch the sunsets over, development's inevitable. And I'm a firm believer in property rights, and Mr. Avant has every right to sell this property for the best he can possibly sell it for his family. With that in mind, and knowing that development is inevitable, it would be much more desirable to see something that's developed on this property that maintains the feel of the neighborhood, that is of high quality, and of high aesthetic, and is of high value. And as you've heard from many people tonight, the developer and the builder associated with this maintain those standards. The proposed development seeking your consideration meets all of the objectives of the things we want to do in Hendersonville. Larger lot sizes, attractive roadside presentation, higher value homes, and therefore, because of the limit to the property, fewer of them. I see this development as a plus for the Durham-Farb neighborhood. It's a win for the city of Hendersonville, and it's certainly a win for the Avant family. Thank you.

Thank you. Melinda Beaver.

I thought I was coming to karaoke tonight, but here I am.

You go on. We're not stopping you.

Okay, here we go.

We just don't have a screen with the words. You've got to do it from your memory.

I've got them right here. My name is Melinda Beaver, and I live at 109 Emerson Court. I am a Durham Farms resident, and I'm also a Shell Brothers employee. I can speak on behalf of, you know, I would love to see something like this come adjacent to the community. But also I'd like to speak on behalf of Shell Brothers. We set up our business in the Hendersonville area. We chose to be here. We live here. We work, play, and we love being a part of this community. So that and also just the integrity. Like I moved here five years ago to work for the company. I've seen time after time people just do the right thing. make the right choices, do right by homeowners and the community. So I very much support the project. I think it will be something unique, something different that Hendersonville doesn't have, and I would love to see it go through.

Thank you.

Afterward, I can sing if anybody wants to.

We're waiting for the encore.

All right.

Kaylee Austin.

My name is Kaylee Austin. I am at 451 Abington Drive, also in Durham Farms. I, too, have the unique perspective of standing here tonight as both a resident of Durham Farms and the sales director of Shell Brothers. I want to acknowledge that Mr. Avant has the right to sell his property, and I believe he should be able to do so. The question isn't whether the property will be developed. It will be who will develop it. My family chose to move to Hendersonville because there's a reason so many people want to live here. It's an incredible community with wonderful neighbors, beautiful neighborhoods, and a genuine sense of pride. Like everyone here, I care very deeply about protecting what makes this place so special. One of the things that sets us apart is that we're intentional about the communities we build. We do not just build homes. We invest in the communities we serve by volunteering, supporting local organizations, giving back, and creating neighborhoods that complement the areas around them. When homes are built on this property, I want them to be built by Shell Brothers, not simply because I work here, but because as a resident, I trust the quality care and thoughtfulness we bring to every community. This project represents responsible growth. It creates opportunities for local construction workers, skilled trades, real estate professionals, and the many small businesses that support new home construction. Because of the types of homes we build, it brings balanced growth to Hendersonville rather than simply maximizing density. I do not want to see a higher density development that changes the character of this area or negatively impacts neighboring properties. I want to thank the many Durham Farms residents who have publicly voiced their support, both here tonight and on social media. That support reflects the trust our team has worked hard to earn. Even if I didn't hold the job description that I do, I would still be standing here tonight. I'd be standing here as a Durham Farms resident, as a neighbor who cares deeply about the community, and as someone who wants the very best for this community. In my opinion, the very best outcome for this property is that for Shell Brothers to have the opportunity to build Avalon. Thank you.

Thanks. Last name is Hickman. I can read that. What's the first name? Shannon.

Shannon.

I can't see all of it. Sorry, Shannon.

Sorry about my writing. I'm Shannon Hickman, 200 Saunders Ferry Road, number 1311. I sell land, and I represent Mr. Avant. in this transaction and also in the prior transaction with Century. BOMA made it clear that the high density housing was not what you wanted and so we have partnered with another company that builds fine homes, beautiful homes. I was born here in 1966, and I've grown up with this place for decades, and I've seen a lot of good things and bad things, but what we have before you is very good. Big homes, big yards, nice surroundings, wonderful landscaping, and this is the type of thing that I think all Hendersonvillians want. So with that, I want to respectfully ask that you annex the property, that you approve the development, and keep Hendersonville beautiful. Thank you.

Thank you. Cynthia Williams. I think I got that right. Did I misread it? The last name is Williams. Anybody here? You did not? No. Did you get drafted to speak? Is there a Richard? Oh, okay. You didn't have to sign in. You did not have to sign in to be here. All right.

You can also offer a karaoke song. Mike Darnell.

Hello, Mike Darnell, 104 Catalina Way, I don't know my address, in Durham Farms. I've been here a long time. I was one of the early residents of Durham Farms. I really love the community. You know, the density of our community has increased probably more than we thought it would. I'm in favor of the new development and plan. I love Shell, what I've seen, the people, the quality. You know, I think it will help our property values a great deal over in Durham Farms. And I just like the low density and the high quality. And I would think in this process they would improve any infrastructure concerns, flooding concerns, any of that, you know, I would hope the developer and the city would take it on

their own to do that so thank you thank you I have two more that are way down at the bottom here and its name is Bob Avant is that right okay did you want to speak all right

My name is Bob Avant. I live at 1765B Avant Lane. That address has been in the Avant name for over 110 years. My grandfather bought it going through the Bank of Goodlethful, and he made one payment a year when he sold his tobacco. He took that money and went to the Bank of Goodlethful and paid on his loan. I am not totally sure about this. I heard he gave $17 an acre for almost 200 acres. What's left in the Avant name now is down to about 45 acres. I want to sell. One of the main reasons is my health. I've got Parkinson's and trying to run a farm with one hand. is difficult sometimes. I think it would be advantageous to the city for the homes that they're planning on building. There's a lot of negative alternatives that would come in. I've had several people call me on the phone wanting to know, is it for sale? What's the price of it? I don't give them much information I'd give them to my real estate agent. But I'm thankful for this opportunity. I like that the people like looking at the goats. But when they run across the road with a treat for the goats, And then tomorrow they call me and say, your goat got out. Well, that's because you taught him to get out. Like I said, I think there's a lot of negative avenues for this to take. I hope that in 10 years or whatever it is, I can be proud of what got put on the land that I once owned. I talk to people riding up and down Avant Lane, checking fences and all that all the time. I don't think I have too many enemies out there, so I wish the developers and the people who are going to buy homes the best of luck. I'm impressed with what I've seen on what they're going to build, and I hope the people who sit on this, who are going to buy a home, sitting in the audience. I wish them all the best of luck. I hope they're extremely satisfied with what they've got. And I'm going to buy me a little RV in two of the country. Thank you. Thank you, Mr. Avett. Thank you, Mr. Avett.

Last person on the list is Mark Evans.

How do you even follow that? Yeah. My name is Mark Evans. I'm an alderman for Ward 6, which represents this area. I live in Durham Farms as well at 1567 Drix Creek Road. First of all, I want to welcome Jamie and Jeff to the commission. Congratulations, and thank you all for the service that you provide to our city. I think what I want to say first and foremost at the very beginning is thank you to my neighbors and friends for getting up and speaking. It's never easy to get up and speak in front of people. You get nervous. I get nervous still. And I always am. I'm not surprised, but thankful that I have great neighbors who can eloquently get up and speak and share their thoughts and concerns. You know, sometimes we do, um, have different opinions and that's fine. That's what we need to have. We need to be able to have a conversation with one another and share different views. And I appreciate, um, you all for being here tonight and it's an honor to call you a neighbor and a friend. Um, I also want to applaud the group, the developer, for how they approached this. You all know that we've had some others who have come before and wanted to develop this land and I think overwhelmingly our neighborhood did not want that land for various reasons. what was different about this one is the fact that they sought the neighbors and tried to find out, well, okay, well, what are the issues? What are the problems? What can we resolve? What can we take care of before we even go before, um, the planning commission? I appreciate the work that they did, the homework that they did in bringing a product that I think is worthy of the city of Hendersonville. I know we're looking at two different things here. One is the annexation. Being a member of BOMA, we have not had many opportunities in annexation over the years, but This in my opinion is something that's worthy of being annexed into the city. My fear is that if this doesn't get annexed that it will, it could turn over and that the county will develop something there and I wanna have a say about what's gonna go there. I think it's a great product. I know that Shell, I've seen their product and they do a wonderful job and you've heard a lot of comments about the quality of the homes that they do provide. So I appreciate the fact that they've done their homework and they've looked into this. This is a project and a product that's worthy of being annexed into the city and I hope that you all see that it is. Yeah, there's some things that we need to address. Yes, traffic is an issue out there, but when you're talking about 35 homes, possibly 70 cars in a day, that's nothing compared to what already exists out there. But I think this is a great product, and I'm happy for the Avant family. And that's the reason why Mr. Avant and I were the last on the list at the very bottom. We wanted to make sure that we were the last people to speak, and I'm honored to follow him. It is difficult to follow what he said. So we are in favor of this, and I hope that you'll see that through. Thank you.

Thank you. Was there anyone that wanted to speak that did not get a chance to sign up? All right. I'm going to turn it over to Director Free now. He wants to say a few things.

Yes. I wanted to jump in since we've got such a big crowd this evening and kind of explain the process moving forward. A little bit later in the meeting, the issue of the request for annexation and the plan development, and that's basically the subdivision. But it's a particular kind of subdivision. Plan development means everything that is approved, they're held accountable to all the specifics of that. So what will happen is this evening, if the planning commission chooses, then they'll make two separate recommendations. One recommendation would be for the annexation and the plan of services. And then secondly, they'll do a separate vote that'll be for the development plan. And then they make a recommendation to our Board of Mayor and Alderman. And then next week at the Board of Mayor and Alderman General Committee, it's kind of like a small meeting of the Board of Mayor and Alderman. It's a committee. And they review it, and then they move it forward. And then it goes to the next BOMA meeting. And then at that BOMA meeting, then that's when the plan of services will be accepted, and then possibly a first reading of the plan development. And then a few weeks after that, it comes back to BOMA for the final reading of the annexation and then the final reading and decision on the development. So that's kind of the process that works. This plan development process, it's conceptual, but it's got a lot of specifics tied to it. And so later, if that gets approved at BOMA, then basically the property gets annexed in and it's rezoned with that specific plan. Then based on that plan, then the developer could then move forward to do what we call preliminary plats and then construction plans. The preliminary plat will come back to this body. And then construction plans will be done by staff. And then final plat, before they could actually start selling properties and things like that, then that'll be the final stage of it. Then it's getting permits for actual constructing homes. But I kind of wanted to explain what that process was. And I also, I wanted, somebody brought up a good point about the plan of services that was kind of out there in the box and the stuff. That's a boilerplate thing, just saying, hey, if the city is annexing the property then these are the kind of things that we take care of. But in regards to, I can't remember who said it, but in regards to, okay, in regards to the issue about public or private streets, if this particular development is saying that it's going to have private streets and it's approved to have private streets, that's what it's going to be. And if they wanted to change that for whatever reason in the future to be public streets before the development was built, it would have to come back to the Planning Commission to get that done. So I just kind of wanted to to explain that. There's multiple things going on because there's a request for annexation contingent upon getting the development, the rezoning or the development approved. So it's two things going on simultaneously. But it can be a little bit confusing, but I just kind of wanted to explain that so everybody sort of understood what the process was. Thank you, Mr. Chairman.

All right. The next public hearing we have scheduled tonight is a request about Hendersonville Planning Department for the purpose of receiving public comment on proposed revisions to the zoning ordinance for the city of Hendersonville. We have two people that want to speak at this public hearing. Jay Ritterback.

evening chair commission my name is jay ritterbeck i'm the economic development and community planner in the planning department for the city of hendersonville what i'm going to be speaking on tonight right now is a little bit different than some of the other things that this position with the city economic development is inside the planning department so it's really unique for hendersonville to have that an economic development person that that works closely with with planning staff usually it's a separate department And we don't really have that line of communication to have that direct access for the business community. So as the ECD for the city being the liaison between the business community and many times being their advocate for planning processes or if a project is coming in and it has a large impact to the city, I will kind of give that ECD representation. In this instance, many people, many businesses in the community have gone through, had site plans approved with planter beds that had a mulching requirement. The Chamber of Commerce also was receiving some of those comments. They were trying to be here tonight. Costco wanted to be here, weren't able to. Lincoln Properties, which is up on Molly Walton, used to be the Music City Studio site that's being developed. Our Public Works has indicated that this is an issue with the historic Rock Castle, where mulch, with these heavy storms that we're having, our zoning ordinance currently, it's a mandatory. where the mulch requirement, where it be wood, and what the business community is asking for is that there be a consideration for an alternative of black river rock that has a mulch appearance but is heavy and it won't get washed away, and in particular in mulch beds that are irrigated in recognition that the rocks can absorb a little bit more of the heat than a wood product would. So if it's an irrigated bed, that kind of mitigates that negative consequence. So we wanted to just raise the storm, the stormwater issue, the aesthetic after a rainstorm where it's just the entire parking lot is filled with wood chips, the ongoing maintenance that that requires for these businesses, and then just the cost to constantly be replenishing that mulch. So I have proposed language when it's appropriate that that be passed out. It's one line in this Chapter 11 site development standards just for consideration. And the reason I'm bringing it up here is because it didn't make it into the amendment, kind of the errata sheet that staff had passed out. But I just wanted to bring that up. And I believe Ms. Kathleen from Rhythm. which is one of those impacted, Rhythm, Chrysler, Dodge, Jeep, Fiat, all of the above, also has something for you. Thank you.

All right. Next on the list is Kathleen Farrell.

Yes. Thank you so much, Jay, for your assistance and expertise. I'm a representative of Rhythm CDJR at 1221 West Main Street. newish we're built from the ground up um 33 million dollar uh building and um around 60 000 square feet and we had i see some familiar faces thank you for coming by the building to check it out we've had some people come in from your staff here and help help me try to figure things out there. As you can see in your packet, what we're proposing is just a small portion of mulch to be replaced with river rock. You can see when the wind blows after a storm, the mulch blows into our entryway, into our storefront, all over the parking lot. It also blows and exposes the irrigation pipes, and so that It doesn't look good and also causes a tripping hazard because a lot of these, the places where the pipes are exposed are where customers are walking over the beds into the stores. Even though we do have sidewalks, they still walk over those areas. So you can see, these were just some that I took without knowing that I was going to be coming here. I just, these were some I took in the past just, so we're constantly cleaning up after and having to replace the mulch that's been blown away. So, and you can, I just took some larger view pictures, so you can see just, we're just asking for a small, a small bit of our property, small bit of our property to be changed from the initial plans. The river rock would ultimately cost us, you know, more, it's a more expensive product, but we think it would improve the aesthetics. you know, for the city, for the customers that are coming in. We think it's more fitting of the $33 million facility that we've built. So we're hoping that you'll look into this and consider it for us.

Thank you. Thank you. Okay. All right, that closes that public hearing. Next we have public comment, and no one signed up for the public comment, so that's closed. Okay. All right, next we have the acceptance of the agenda. So I know that I'm going to go ahead and stop right there. Barry, I know you've brought up earlier that you have a couple of issues that you would like to discuss before we accept the agenda.

My question to the director and to you is... Sorry, I thought it was on.

It's not coming on, Barry. I guess... There we go. Okay. And so everybody in the audience knows what he is wanting to talk about is on the consent agenda. There is one item there he wants a couple of questions answered before we move forward.

So on the consent agenda, I'm not looking to – it's the imperial point development. I'm not looking to pull it off, but I do have a couple of questions. Would you like for me to ask those when we get to that section, or how would you like for me to address that?

I think we ask the questions now, and then we do the rest of the acceptance of the consent agenda. Okay. Go ahead and ask your questions.

So for staff, I read that – You were looking at some type of material on the back of the building, and the applicant is agreeable to that. I was just curious, what is that material that you guys are talking about? And then if I could ask some questions to Mr. Ely, I believe.

Yeah, we'd have to remove it from the consultation.

I can answer that question. So, yeah, so initially the proposal was to do metal on the rear. So the back of that building faces a split wall face. There's like a natural wall there. And that wall ranges from about 12 to 14 feet in height. So the back of this building is not going to be very visible at all. In addition to facing that cut wall, the property that abuts that is an open space attached to those that's in your living facility that has to remain open space, basically. So it's kind of a wooded area. It's got some open area, but also trees in it. So as far as visibility, it's going to have very limited visibility. But because that property that it abuts is zoned residential, our regulations don't allow it to be considered a remote wall. If it was a remote wall, it would be eligible for metal. But because it faces a SR1 zoned property, it can't be considered a remote wall, even though it's not that visible. So what that means is that metal can't be approved there unless they were to ask for a waiver. So the applicant agreed to, you know, if this gets approved, to do a compliant material. And that might be hardy board or maybe split-face block or something like that that would comply with our regulations. And what I kind of envision is, even though it's not going to be visible, in order to comply with our regulations, it's probably like maybe a brick water table. and their hardy board above that is what I'm envisioning. But the applicant has agreed to work with staff to bring that into compliance.

I was hoping that you were going to tell me it would be some type of masonry block because I'd really hate to see hardy board on a building back there, even if it's not visible because it's a maintenance issue and it's just long-term health of the building.

Yeah, and I have talked to Len about that. He has a similar concern about the – The longevity of fiber cement board, I think they're going to look at, they're going to weigh those factors. It may end up being some kind of masonry unit. It could. It might end up being brick. I don't know.

I'd hate to see them spend brick back there, but a masonry would be good. How big is the drive back there? I'm assuming it'll be box truck type units.

It's a 24-foot wide drive.

24-foot wide drive. Will all the doors be grade level? The overhead doors back there.

I believe so. Yeah.

And then will it be a steel frame building?

I don't know the answer to that. Yes.

I'm hearing yes. And then that's really everything else I'll just ask after the meeting. But those were the ones that I was most curious about.

I will note that this particular property is actually in our Dockside neighborhood just

I think it's a great product. I'm excited about it. Just had some questions, and what I'll ask after the fact will be how tall will the building be, kind of what ratios are you expecting to be office to warehouse, and what is the column spacing, but I can get those after the fact. You've answered the ones I really wanted to know, but I'm excited about it and looking forward to voting for it.

All right, thank you. Now, with the comments that we just made, everybody else look at your consent agenda. Remember, if there's anything that you have that you want to discuss with it, it's open right now. Otherwise, we pull it and we have further discussion. If nobody objects, then I'll accept a motion to accept the agenda. Second. I have a second. And we can do this by voice. All in favor say aye. Aye. Any opposed? Aye. All right. Thank you. Next is the minutes of July the 7th. I'm sure all of you have had the opportunity to read the minutes. Do I have a motion to accept? So moved. Do I have a second? Second. We can do this by voice also. All in favor say aye. Aye. Any opposed?

Two members abstained.

Okay. Two. How many? We have two members that abstained and also Mike. So we have three people abstained. Did you get that down there? No. Three, Mike Martin has abstained also. Thank you. So now we're on the consent items. We've already had the discussion about Imperial Point. All of these were agreed upon by the applicants. So do I have a motion to accept? So moved. Do I have a second? Second. We'll do this one electronically. So everybody use your electronics.

Motion passes with nine yeses.

Thank you very much. Okay, next we're to the development plans. Avalon Annexation Plan of Service. Owners Robert Avant, location 1765 Avant Lane, parcel 138036.00. Lead planning staff Caitlin Shin and Zachary Coleman. So.

It's me this time. Yes, sir.

We can discuss both of these at the same time.

Okay, that's fine.

Do you want to do both at the same time? Yeah.

Since we're doing that, let me go on and read the next one. Sure. We're going to discuss both of these simultaneously. So, Avalon CWD, but that's the Combined Development Plan, owner Robert Avant, location 1765 Avant Lane, parcel 13803600. Again, same two people, Caitlin Shen and Zachary Coleman. Go ahead, Zach. Sorry about that. Sure thing.

We'll start with the annexation and plan of services. So the applicant 615 Design Group, on behalf of the developer Shell Brothers Nashville LLC, requests voluntary annexation of the Avant property at 1765 Avant Lane, contingent upon rezoning from Rowe Residential RR in Sumner County to planned unit development SR1PD in the city of Hendersonville. Property is located along the western side of Avant Lane. to the south of Old Drake's Creek Road. The site is identified as parcel 36 of tax map 138 and is approximately 32.8 acres. The surrounding area consists of a mixture of zoning types and land uses. The property is currently surrounded to the north and west by large residential tracks zoned RR in Sumner County and zoned ER in Hendersonville. The city of Hendersonville rugby fields are adjacent to the south. The Durham Farm subdivision is directly to the east and is zoned MXRPD in Hendersonville. On the north side of Old Drake's Creek Road sits Drake's Point, which is a subdivision consisting of one- to two-story single-family detached homes featuring side entry garages and full brick and cement board exteriors. Adjacent to the southwest of the property is the planned Falcon Ridge subdivision, which is also zoned SR1PD. The areas to the north and northwest of the site along Old Drake's Creek Road are a mixture of single family detached homes on large rural tracks. The property lies within the city of Hendersonville's urban growth boundary and is within an area identified in chapter three of the city of Hendersonville's future land use and transportation plan as mixed use neighborhood. So that was it for the annexation plan of services. Moving on to the comprehensive development plan. In conjunction with the annexation request, the applicant has submitted a comprehensive development plan application to rezone the property from rural residential RR in Sumner County to suburban residential plan development SR1PD in Hendersonville. The gated residential development will consist of 36 single family detached home lots on 32.8 acres for a density of 1.09 dwelling units per acre. Minimum lot size will be 16,000 square feet and all homes will be for purchase, no rentals. The proposed homes will range in size from 2,400 square feet to 3,200 plus square feet. All homes will have a minimum of three bedrooms and a minimum two car front or side entry garage with decorative garage doors. The home elevations will be constructed of a mixture of masonry and cement board materials. Each lot and home will have foundation, landscaping, and sided front yards. The Avant Lane entrance into the community will feature landscape development signage and shall be gated with private internal streets. An additional emergency access entrance will be provided with a crash gate and signage. Additionally, common open spaces will be maintained by the HOA A dedicated open space will be established along the western lots of the development on the east side of Drake's Creek. This area will create a natural buffer between the new project and adjoining properties while preserving the existing woodland trees and vegetation within the floodplain area. Within the community, there will be decorative streetlights and sidewalks on both sides of the street to create character and continuity throughout the neighborhood. Proposed improvements along Avant Lane include adding an 18-inch curb and gutter along the east side of the street along the existing Durham Farms development and adding trees and a fence along the west side of the street along Avalon to create a cohesive streetscape. In addition, the applicant has agreed to provide an eight-foot-wide multi-use path on Lots 1 and 2 to tie into the existing multi-use path in Durham Farms along Avant Lane. A raised crosswalk to match the crosswalk at the rugby fields is also proposed near the entrance of Avalon to tie this path into the existing network along with a five-foot sidewalk along the southern property boundary along the entrance driveway of the rugby fields. The applicant also prepared and provided a flood study and traffic impact statement. The flood study was used to determine minimum finished floor elevations for the proposed homes. Based on the trip generation developed as part of the traffic impact statement, the development is anticipated to generate 556 daily trips with 30 a.m. peak hour trips and 37 p.m. peak hour trips, which is consistent with the development of that size. Based on the zoning ordinance, all residential plan development shall conform to the design standards as prepared by the developer and approved by the Planning Commission in conjunction with approval of the development plan The developer provided design standards and architectural characteristics in response to the design standards, excuse me, that align with those provided in the zoning ordinance. The applicant also included renderings of potential home elevations. Any new and future elevations shall be submitted and approved by planning staff in advance prior to receiving a building permit. These elevations could only be approved if staff feels that the homes meet the character, style, and size of the new development and the surrounding area. impact fees per ordinance 2025-25. The proposed development would be subject to impact fees of $6,000 per single family dwelling. Impact fees are collected at the time of building permit issuance for each dwelling. The breakdown of potential impact fees generated would be $216,000 in total impact fees based on 36 single-family residential dwellings. This is then further broken down, both a third going to parks and two-thirds going to roads based on the ordinance. So that would be $72,000 towards parks and $144,000 towards roads. And that concludes the staff report.

Thank you.

You talked about some of the traffic controls. Okay. And sewer expansion, of course, will occur to handle all of this.

Yes, it would have to.

Right. And the one thing that I did hear him talk is to delay this project until the new Shackle Island-Drakes Creek intersection can be addressed. I don't think. I know that we would all love to do that, but those are two different projects altogether, and I don't think it's a fair thing to ask the developers to wait for that.

That's also a county project. The city is working in conjunction with the county. The funding has been dedicated towards it, but it's the coordination that would need to occur between the state, the city, and the county.

So I just wanted to hit on all those highlights because some of you folks in the audience, you brought those up as we went through. So I think most things that you've asked have been addressed.

One additional thing, Mr. Chairman.

Go right ahead.

Thank you. There was one additional question about the sewer line and expansion. Which side of the road is it going to be on? There's some sod that may be at risk. There was a question asked about it.

Wait for the developer. Okay. Thank you. All right. So now we have heard all that from our side of the table. Does anybody here have questions from the staff? All right. I don't see any questions anywhere. So now the next thing is we have to vote on this as two different events. One is the annexation, and then the second one would be the combined development plan. So first do I have a – You want to talk to the vote?

Yes.

Okay. Let's do that. All right. Will the developer step up if they would like to? Well, hold on one second.

You have your song picked out?

Now you're lit up.

Oh. I said I was sad thinking that maybe I wasn't going to get called up. I spent all day working on this. You prepared. Now I'm going to butcher it. My name is Bill Charles. My address is 357 Riverside Drive, Franklin, Tennessee. Suite 210 in case anybody wants to visit. I've been developing for 36 years in and around Nashville. I'd like to... If you guys are okay, I'd like to go off script for a second. Instead of presenting the project, which quite frankly I don't know what to add to what Zach's already done, but I would like to take a step back and do this a little differently. I like what you did, Chairman. You brought up comments from the residents of things that we should be looking at. We tend to do things a little differently in land development. When we get engaged in a project, we typically go and try to engage the residents first. What I've learned, Lart, very many hard lessons is that we go in to do a development. We don't live out there. I don't necessarily see what happens, and so we don't experience it. I don't know if a property is flooding. I don't know what the traffic is like. We just don't. We get consultants to help us understand those things, but we don't live it every day. So we did meet with quite a few of the residents on multiple occasions. And I think the way I'd like to flip this is that there are about 12 things that I have heard from the residents that they've asked me to address. So I'd like to add on to the list that was presented tonight with additional things that I've also heard that were on top of those that were already discussed. Some may be a little redundant, but if you don't mind, bear with me. Once I finish with that, if you don't mind, Chairman, I did bring my consultants with today. This is probably one of the best team of consultants I've had on a project. I'm very pleased. And I'm going to go ahead and introduce them if I could. So we have C.J. Mural, who's our civil engineer. He is helping make sure it keeps me straight. I also have Rob Mulchon, which is, he is the landscape architect. He was heavily involved with the landscape architecture for Westhaven and Franklin. He now works at SEC in Murfreesboro, so he's joined us here tonight from Murfreesboro. We have Lance, who's actually a longtime personal friend. He was the city engineer for Spring Hill for a long time. He specializes in hydrology, floodplain. That's his world. And then I have another longtime friend, Jerry Gammon, Jerry is our geotechnical engineer. We have done a lot of exploration of this property to make sure we understand what we have. So if there's any questions that come out about floodplain, hydrology, the land plan, the sewer that came up earlier, and the vision for the project, all that will be handled by them. I think I'd just like to stay focused on the questions that residents have brought to my attention. And I've got a couple of residents here. John, particularly, if I miss something, John, and you bring something else up, I'm happy for more thoughts. One is the speeding on Avant Road. Where this became more of a prevalent comment was from a lady that lives on Avant Road. She lives in one of the villas, and she backs out of her driveway directly onto Avant. Her mother lives right next door, and then they also have another very close friend of hers that lives one unit down from that, so they all three back out. It wasn't about the traffic, it wasn't about the, let me back up, it wasn't about the volume of cars on Avant Road, for them, it was about the speed in which people traveled. And having stood in the middle of Avant Road when we were checking to see what the pavement sections were, how well-built Avant Road was, so we core-drilled that road with six holes to see what the depth was, to see how well that road could hold up. Surprisingly, and our geotech can speak to that, there is about six to eight inches of asphalt that had been paved over time over and over and over again that have created a really thick layer. We've submitted that to the city engineer, or we will be submitting that to the city engineer. So while I was out there standing in the middle of the road while they're core-drilling, wasn't about how many cars but they were is such a flat straight road people fly down the road regardless of it being 15 mile an hour speed limit it's just people are driven to drive fast because it's flat and it's straight so what we're asking as part of our proposal is to put an additional speed table to match the one that's at the entrance to the rugby field so to accommodate what Emily and her mom were asking for and quite frankly other residents We've put in our package to say, hey, we want to make that commitment on top of the Avant Road improvements. I know that's not a big commitment, but it was something that people asked us for, so we're doing that. The other thing that was really big, and I understand why. I'm sorry, John, I keep picking on you. He's actually got one of the best sense of humor. If you guys haven't met John, you really need to meet him sometime. He's hilarious. But when we first started sitting down with John and some of the other neighbors that live in Durham Farms, the previous proposal had shown connection roads that would line up directly with Durham Farms. So they were coming directly out of this project and they were lining up to go across the street. So to be able to tackle that concern with adding additional traffic down their driveways where their kids are playing in the street, particularly John's, why he would send his kids into the street. We actually decided to turn this into private streets, which was the purpose of this. That's what this evolved to, turn it into private streets and a gated community. What that did is that we ended up creating hammerheads. So all those are dead end streets. The only access in and out of this community is through the gated community. The second one, at the very bottom close to the rugby fields, looks like it connects to Avant Road. But that's going to be an emergency access gate only. It will not be open for open traffic. So our intent was to try to accommodate one of the comments that actually came from several of the comments. How do we solve trying to keep a lot of traffic coming through their streets that they currently have? So that was our solution. The flooding area was a big comment that came back. I'm going to leave that to our hydrologist. That's his specialty. Home style architecture, so all the homes in here will be built by Shell Brothers. They're a local home building company. We showed everyone some of these color renderings. These are actually pictures of our houses. We have a PowerPoint slide that I was wondering if I could key up our PowerPoint. He's working on it. I'll show you some actual houses. What we're proposing to do in this project will match exactly the same type of homes to a very large degree. Not exactly, but pretty darn close to what we did right around the corner here called Oak Creek off of Stop 30 Road. It's a small little 40 lot subdivision. It'll have a very similar architecture, Actually, a lot of them will be the same homes. Those homes will range in size from the smallest house, which we allow people in Oak Creek to buy this house, but people haven't. It's a 2,400-square-foot house. The largest house that we have in Oak Creek is 5,222 square feet. That's the same lineup that we're going to be putting in this project. Our average sales price in Oak Creek is about $1.1 to $1.2 million. The last house we sold in there was at $1.6 million. That so far is the highest selling home that we've sold. Our expectation of this project coming out of the ground, which is probably 18 to 24 months from now before lots will be ready for the home builders to start building on, I'm guessing, we expect those home prices to be easily $1.5 to $1.7, $1.8 million is kind of where our expectation is. Those are pictures of actual houses in Oak Creek. A large portion of the houses, over 50%, I think it's 70% of the homes will all be side entry garages. There is a caveat in the pattern book, just to make sure everybody's aware. We have people that like optioning a third car garage that would still be face fronting. But when we say side entry, the two primary garages will be side entry. One garage may be set back a little further, and it'll still be facing the street. The other thing that came up in conversation was the density. There's a, what's his name? Jason, there's a slide in there, if you would please, that shows a comparison, a map that shows all the density, the zoning density that has happened around our project. It may have been at the very top of the slide. If it's not there, yeah, perfect, you found it. This is going to be wrong, guys, because I did this myself, and I promise you I make mistakes. But Drake's Point subdivision ended up having a density of about 1.47 lots per acre. Drake's Falcon Creek was about 1.8 units per acre. Durham Farms was at about 2.54 units per acre. Autumn Creek was 2.19. Norman Farms was 1.53. Anderson Park was 2.33. Actually, it should be Norman Creek. I know Paul is cringing over there because he told me that earlier. I made a mistake on that. And then you have Avalon, which is what we're proposing. We're at 1.09. So we're wildly – of course, it makes it easy for me to say that. We're a lower density than all these new subdivisions that were zoned around us. So one of the things that the community has asked us, Chairman, was to lower our density. The original plan that came before you guys last year with the previous applicant, was about 61 lots, we're proposing 36. We know that there's an opportunity to take this and stay in the county that we're in, but I would like to ask for annexation tonight. We would like to be a part of the city, we'd like to have the police, we'd like the EMS, the fire department, we'd like to be a part of what you guys have. On top of that, I have been working with the city. Some of you probably don't know me, but I've been around since 2013. It's about 16 years I've been working with you guys on different projects. Um, I care a lot about the city. I care a lot about the people in the city. Uh, I care about what people think about how we do things and what we do and how we do them. It all matters very much to us. Uh, that's why we, um, Going to traffic, I think I've addressed that. There's nothing I can do about the goats. That was point number 11. And at one point, I asked Mr. Avian if we could give away the goats to see. And some of the residents that came up to speak positively about our project tonight, you think they're going to walk away with a goat tonight? Apparently, he's not willing to give those up. One of the other things that we had as a comment was that the people that park on Avant Road, when there's like a big rugby tournament or a flag football deal, we have been working with staff to try to come up with solutions to try to keep people from parking on the grass and tearing up the look and the feel of the streetscape of Avant Road so we don't leave dead grass and things. So we actually, as part of our proposal, and I won't get into the detail, but there is some things in there that were very intentional. that we'd work closely with staff to try to solve before in the project. If I could, the last thing that came up in tonight's comments, there was a couple added ones that I think you mentioned, Chairman. Let me go to the dump truck first. We will have to import into this site. That gentleman was correct. The difference is that we're going to be using on-site material to raise the grades to get to the FFE that we're required by the city rules and regulations and by the state. And what that does to us is we actually end up creating a, we're going to create a large stormwater area in the back close to Drake's Creek that should be of a benefit to the residents and to the, the people around in the community. So as far as bringing in a lot of material to the site with dump trucks, we're not intending to do that. We will have dump trucks that come out to the site. That's not what I'm saying. But as far as importing a lot of dirt to the site, that is not what we're intending to do. That would be too expensive, to be frank with you. One thing that did not come up tonight that should have probably is that a lot of people talk about rock and us having to blast and what it's like to have the vibration. The good news is that we've done our geotechnical tests on this property already, and we get like eight, nine feet before we hit anything. In fact, a lot of times we dug down and we never even hit rock. We just couldn't reach any further. Okay. The sewer line expansion, which was actually a really smart question by somebody. We actually have vetted everything with the water and sewer utility, which is White House Utility District. And our solution is, I'm going to leave CJ to respond to that more specifically. But the manhole that we're tying our sewer into actually is in the road of Avant and close to the rugby field. It's going to be that manhole. So we're not planning to go on one side of the road or the other. We're literally going through our project, and we'll be tying into that manhole. If I could, I know this was long. Sorry about that. I'm going to turn it over to my landscape architect and see if he has any additional comments, and then he'll answer any kind of point out the rest of the consultants.

Thank you.

Good evening, Chairman and members of the Planning Commission. Rob Moulton of the SEC. I think between Bill and Jake, I think we've got pretty much everything covered across the board. But I did want to add a little bit about the aesthetics of the entrance to the neighborhood. You've seen some of the renderings on the cover of the book and the other renderings in the pictures inside the book in regards to what this entrance is going to look like with that gated feel. It's going to be very aesthetically pleasing to the development and to the neighborhood that surrounds it. We're going to be very proud of how it looks at the end of the day. That wet pond out front with the fountains is going to really add some character and charm to the entrance to this development for these 36 homes on that side. Kind of a little bit more about the density side of things. I think when you look at the plan, you can definitely see the size and scale of these lots are tremendously larger than the Durham Farms lots next door, actually more than twice the size of the Durham Farms properties next door on that side. On average, you're looking at about lots around 17,000 square feet. So you're actually very much in a rural kind of setting in regards to scale of lots on that side. So that's just a couple of things I want to talk about on that side, and I think we'll turn to CJ and talk a little bit about the sewer system on that side.

Good evening. C.J. Murrow with 615 Design Group. I think a lot of the items that I was going to touch on have already been stated, but as Rob was mentioning and as the gentleman in the audience was asking about the sewer extension, with every project that we get involved in, we're required to submit for availability through the local utility municipality. We did just that. We received our availability letter from White House Utility District for both water and sewer projects, We have a 12-inch water line that's on the west side of Avant that we will be tying to, and we'll be installing an 8-inch line that loops through the development, so nothing will cross the street there. And then the sewer line, as Bill was mentioning, there is a manhole that's in the right-of-way just south of the rugby entrance. We have a small extension that will go up the west side of Avant Lane and then come into our development. We believe that we can gravity feed everything to that manhole that goes down to the active pump station that's there on the west side of Avant Lane. So from a utility standpoint, we feel very comfortable with where things are heading. Everything should remain on site with the exception of the short sewer extension that's on the west side. From a traffic standpoint, obviously that I feel like has already been covered. We met with staff early on during this process. And what they wanted us to do was fill out a pre-scoping form that actually determines whether or not we would have to go through the full traffic impact study. We weren't even close to meeting the thresholds for that study. So I believe in the PM peak hour or the AM peak hour and the PM peak hour, you're seeing roughly 30 cars during that hour from our development. We're not asking for the speed limit to change. As Bill mentioned, we are proposing a speed table. But outside of that, happy to answer any other questions you all may have on the development in the surrounding area. But I'll turn it over to Lance to discuss the flood study.

Lance Woolworth Hello. I'm Lance Woolworth with Hydrawise Engineering. I'm here to do a crash course on floodplain and flood studies and hydrogeology and all of that stuff. I went ahead and put together about 12 slides. I'm going to try to go through this really quick, and I might skip a few topics just because of that. But I really wanted to hit the stormwater runoff and detention. So this site is going to be utilizing detention. It is a requirement that the existing conditions be regulated or the proposed conditions be regulated back to the existing conditions so that there is no increase in runoff from the site. So there's a lot of talk about volumes, and that's not going to have to – that doesn't necessarily equate to additional stormwater runoff from the site. for impact on the floodplain. The Drake's Creek has been studied and mapped by FEMA, and these maps divide the 100-year flood zone into two distinct areas, the floodway and the floodplain, which is also called the floodway fringe. The floodway is the deep, fast-moving center of the stream where water is actively transported, and this development is proposed to completely keep out of or stay out of that regulatory floodway. So all proposed work is restricted to that floodway fringe, which comprises the shallow, slower moving outer edges of the floodplain. The existence of a mapped floodway means the regulatory agencies, primarily FEMA, have established that if development is kept outside of that active zone, the floodway outside of that, the stream will continue to function properly without obstructing flow. Development within the fringe is proposed to be permitted through the city floodplain development process and through FEMA's via a conditional letter of map revision based on fill. So we're going to go through that regulatory process, and it's going to be heavily reviewed. To ensure reasonable safety, every home will be built with its lowest floor at a full two feet above the established 100-year water surface elevation. These elevations are not guessed. They are based on the existing FEMA study of Drake's Creek and a study conducted on the unmapped tributary along the northern property. Floodplain management is built on the concept of equitable treatment, stating that property owners should be allowed to develop their land provided they do not obstruct flood flows, cause damage, or create a nuisance to others. The National Floodplain Insurance Program establishes that development within the flood fringe is permissible because it is cumulatively managed by the floodway boundaries. This specific encroachment is a fraction of the allowable area, If you want to go back to my first slide, I'm sorry. I'm all over the place on the slides. I did say first. I'm sorry. Fifth slide? That one. Yeah. The specific encroachment is a fraction of the allowable area. because we are allowed to encroach on both sides within that floodway fringe as long as you don't encroach upon that floodway, which is that center area. We are not encroaching all of it. We're only encroaching a fraction of it and allowing the area to adhere strictly to the flood fringe boundaries established by the FIS or the Flood Insurance Study, complying with the engineering standards designed to protect the adjacent properties. So that FIS and the way that that all works is that this isn't, shooting from the hip or anything. This is something that has been established and is a long drawn out process to allow development within flood plains and flood ways if you meet strict regulatory requirements, which we are in the process of addressing. Stream protection. The Corps of Engineers and TDEC do not actively maintain stream banks on private property. Instead, they rigorously regulate anyone who tries to alter them. The approach of this site is a combination of avoidance and protection, which includes maintaining the required stream buffers along the creek. So we're not encroaching within TDEC's buffer requirements, and we're also staying a little bit further away from that. allowing that area to be more natural or at least greenscape so that it's not encroached upon. By keeping the development back from the banks and controlling the speed of the water leaving the site through the use of the detention ponds and the water quality aspect thereof that's required by TDEC, the natural channel geometry is protected without triggering invasive stream alterations. There are valid community observations regarding the erosion of Drake's Creek, driven by growth over the last 10 to 15 years, combined with the natural stream geomorphology. Some of that erosion and meandering is natural. Natural channels are not stagnant. They are dynamic. They do move. It is just the way streams and rivers function. Today, under current TDEC water quality mandates and modern local practices, developments must capture the first flush of that first runoff. and reduce the runoff rates to the pre-existing conditions for both small and large storm events, which this development is proposing to do. Because this development proposes to meet these higher modern standards and detention and TDEC runoff reduction, it should perform significantly better environmentally than sites built years ago that did not have those TDEC requirements in place at the time. If we want to jump to, man, I didn't do my slides at all. Okay, that was the flood stuff. Let's go to the next one. Hydrogeology. So groundwater and streams. So I went ahead and threw in a quick discussion about hydrogeology and groundwater because there was a comment in the past regarding the aquifer and what an aquifer is and how that drains and how that flows. So an aquifer is a layer of rock or sediment under the ground that holds water and allows it to flow easily. One thing I want to comment on is if you look at the map, groundwater is everywhere. Unless it is a confined aquifer, which is usually on top of an additional unconfined aquifer, it is not a local thing. It is regional. It's everywhere. You will find groundwater if you dig far enough down. Instead of a giant underground lake, the water actually lives in tiny empty spaces between the dirt and the rocks, which scientists call porosity. The very top of this underground water is called the water table, and it is found almost everywhere beneath our feet, gently copying the shape of the hills and the valleys on the surface. The groundwater is always moving, and it naturally flows from the higher areas down to the lower areas because of gravity and water pressure. And these are all fancy engineering diagrams to kind of show that. In the valley, the underground water travels toward the lowest point and actually empties into the bottom of the stream channel. Because the aquifer is consistently draining into the creek, it will not push backward or spill out of the ground into the neighborhood. So just by simply developing on top of ground does not force the aquifer to spill out of the ground. It still naturally flows to the creek and the stream. To make the area even safer, the development plans adds a layer of new soil called fill over the ground to, again, raise those lots up higher to get out of the floodplain. Building up the ground creates a taller, drier barrier between the surface and the natural water table, protecting that. So that was a quick crash. I know that was probably a lot. Sorry, but I was told to talk.

Will it work if we say, don't talk?

It can, yeah. All right. Thank you, guys. If you have any questions, I'm more than happy to answer.

Thank you for the crash course. We're just playing with you, OK?

The request of don't talk does work with me. I promise you. My name's Jerry Gammon. I run UES, formerly Geo Services. Been with them for 19 and a half years. We provided a report of geotechnical exploration for the owner for the development. I really don't have anything to talk about because what we provide is we provide information back to the owners and developers for them to understand what their risk and development, what's that added cost going to be potentially, or no added cost. And then we also work with the design team, which CJ and his team have implemented in their plans, the recommendations or the concerns that we have found. I can tell you that Bill has put the team together to provide the owner and the developer the plans that can be successful. for this development and everything that we have found they have incorporated in their design. As we continue to go through this, you know, we're going to continue to help them. We'll help them through the development phase and provide recommendations at that time. But just wanted to step up here and talk and just who I am, where I've been for the last 15 years, and Bill and I have been working together, you know, probably 15 years now. So if you have any questions, I'd be happy to answer them. Thank you.

Commissioner Cundiff, I see you're in the queue. Go ahead.

Yeah, thank you. I appreciate your explanation. I actually have a flood-related question I'd like to ask.

You're actually done, new guy. You get to come back and speak again.

No, first, thank you for taking into account the land and the floodplains and everything else as you all approach this development. As you go through the Colomer process, will you be updating the models to reflect the fill that you're proposing to be placed in the floodplain to validate what those flood elevations will be? I know you've looked some at the tributary and things, but I'm just curious if that will be taken into account.

So we currently are not going to take Drake's Creek flood model because the model has already been completed and the floodway has already been established. So once the floodway has been established, it basically says that if you – If the whole area outside of that floodway, that floodway fringe area or that floodplain outside the floodway is developed, that encroachment will not cause greater than one foot of rise anywhere within the whole mapped area. And so that study has already been completed, and we're adhering to that study. We're not encroaching to the floodway. So if you encroach into the floodway, that area that is designed over the middle of the river or the creek If you encroach into that designated area, you have to then show either no rise through modeling it, or you have to go through the conditional letter of map revision and letter of map revision change to show what you've done holistically on that. So we are currently not going to be revising the map through that process. What we're going to be doing is the conditional letter of map revision based on fill. So that one basically shows FEMA that we are adhering to their study. and we're going to build everything up appropriately. And then through the elevation certificates of the homes established, that will then go back to the building department to say we have actually accomplished that. And then that's how that regulatory action gets held. So that forces us to actually adhere to it. We can't move forward without those checks and balances being completed. So to answer the question, no, because the study's already been done. on Drake's Creek. The unstudied is being studied. That one has been studied. And I believe there's staff comments on that that are being addressed. Basically, it was about existing conditions versus proposed conditions, which we weren't going to show the comparison because it wasn't an encroachment upon twice the top banks originally. If we are encouraging the top banks, we are showing that, and that study will be revised and presented at that appropriate time. But I've already done it. It's within regulatory limits. Okay. Thank you for clarifying.

Okay.

Thank you. Commissioner Slattery.

Thank you, Mr. Chairman. I don't have a particular question. I just would like to compliment all of you. It is unusual in my, I think, four and a half years of being on the Planning Commission to have the number of neighbors present and to speak unanimously in favor of a project of developing homes on undeveloped land. I think that speaks volumes about the communication with the community and about the commitment of the development to be pleasing to the community and not simply to be shoving a bunch of houses onto property. So I applaud the work you've done. It is, like I said, this is the first that I've seen in my time, and I'm going to remember this one for a long time. You've set a standard that I think other projects should look at very carefully before coming before us with a development. So thank you. And thank you all for being here tonight.

Thank you. Commissioner Hardwick. One more quick flood question and then I promise to leave that horse alone. So the finished floor elevations for the homes will clearly be above the floodplain. What about the lots themselves and specifically the lots on the back piece of the subdivision where you're going to be collecting all that water?

I'm going to defer a little bit of that to CJ as the site civil engineer who's going to be ultimately grading the site. However, the lots themselves, around in the area does not, per the NFIP and state and federal regulations, National Floodplain Insurance Program, NFIP, does not require that earth to be filled up. It requires the insurable structure to be protected, not the ground necessarily around it. And so I believe that the back area of the lots are sloping down to limit or reduce the amount of fill that's going to be required for the site. CJ, I'm going to defer to that part of it.

Okay. Yeah, to actually answer your question, so we have this site is rather long. We actually have two cross sections from FEMA that affect this site. At the very bottom, the cross section elevation is 498. At the very top, the cross section elevation is 500. So basically a two-foot difference between, and when you say the top, you're talking about the road? No, what I mean, like the northern boundary of the site has a cross-section elevation with FEMA of 500. Yes, roughly there. And that cross-section elevation is associated with Drake's Creek, not the tributary that follows the northern boundary. But if you look at the grading plan on sheet C4.0 of the CDP, our bottom leftmost lot, which is lot number 20, the back of the lot is sitting at 498. That's pad elevation. And then if you look at the lot 10, which is at the top left, you have a pad elevation towards the rear of the lot of 500. So our proposed grading is going to be right at those cross sections, and then the actual finished floor elevation of the home is two foot above that or more.

Okay. And the road, what will be the elevations for the road?

So the road, we are showing an elevation of, I think, the cul-de-sac at the very bottom. The finished road elevation is 499. And the elevation of the cul-de-sac up in the top left elevation is roughly 502. So that's two foot. Again, two foot? Yeah. Okay, thank you. Yes, sir.

All right, any other commissioners with questions? Okay, then I'll entertain a motion for the first one, which is the annexation and the plan of service. Do I have a motion?

So moved.

Okay, and I have a second, so we will vote for this one electronically. Okay.

Motion passes with nine yeses.

Yeah. Thank you very much. Okay. The next is the Avalon Combined Development Plan. Now, on this one, it's going to be a little more complicated because in your motion, whoever makes the motion needs to refer to the findings of fact, the conformance with the future land use plan, okay, needs to be included in your motion.

Also, one other thing... What were those two lines? One and two? Yeah. Up here. Bikeway along lots one and two. Okay. That as well.

All right. Well, I'm going to make this motion because it is a little different, and I've sat in on an earlier meeting. So with this motion, I'm going to make the motion of accepting the combined development plan with the findings of fact, of the conformance with the future land use plan and in the lots one and two, which is the northernmost lots on this plat, we have a, it's a right of way for a eight foot sidewalk? For an eight foot constructed sidewalk at the top of this. So on the northern sidewalk at lots one and two. Is that clear as mud for you ladies? All right, now do I have a second?

You have a second.

All right. We have a second. Now we'll vote for this one electronically as well.

Motion passes with nine yeses.

Thank you. Applicants. Thank you very much. We appreciate everything. Mr. Avant. I know he's left. I hope the best for him and all of you people that are neighbors. Thanks for being here tonight. We appreciate you all and how civil you were and how well you addressed the situation.

Thanks for all of that.

We get an hour of special training for tonight. Yeah.

for a flood drain.

I've got new flood words to use, fringe and hinge. We even use aquifer.

We're about to go Roman civilization aqueduct here.

All right. I'm going to keep on going along with the meeting.

Okay.

For the next one is the other, number nine. Okay, this is Degtie Hendersonville Wall Mural Site Plan. Owner is Tamara Knipp, location 750B, West Main Street, parcel 1600B003.01. And, Caitlin, this one's yours.

Thank you, Chairman. The applicant, Jay Jenneratha, I don't know if I said that right or not, is requesting approval for two wall murals at 750B West Main Street, the site of the new Thai restaurant, Deck Thai. The proposal includes a lotus flower on the front and a Thai dragon on the side. The current... The building was previously painted a burnt orange with ivory on the side, the lotus flower on the front. Let's see. They are complying with all the standards and guidelines that we have in the zoning ordinance for wall murals, and that's all I have.

Okay. Okay. So we're voting to approve this wall mural. It meets all of the expectations and the guidelines. So do I have a motion? It's by right and it meets all of the expectations from my understanding. So move. Okay, we have a motion. Do I have a second? Second. We'll vote for it electronically.

Motion passes with eight yeses and one no.

Thank you very much. Okay, next we have a little business for us to take care of, and that is we need a new secretary because Vanessa has left us. So now, do I have anyone?

Mr. Chairman, I would like to propose... Commissioner Hardwick be elected as our secretary. And I was told you've spoken to him, and he's not going to come over you at me for suggesting that.

So is that true, Commissioner?

We'll have comments in the parking lot.

Oh, God.

Yes, I'd be happy.

Okay, so now we do need to do an official vote on this. Is there anybody else that would like to offer their name? I don't want to cut anybody out. Charles is already putting it forth. Okay, we have a motion, we have a second. We have a nomination, we have a second to this. So now can we vote for Barry Hardwick to be the secretary for our planning commission? Lookie there, Mr. Hardaway, he abstained. How nice of you.

Motion passes with eight yeses and one abstention.

Thank you very much. So welcome aboard. Now we're going to work you to the bone.

Yeah.

Okay, next on the agenda is the Zoning Ordinance Text Amendments. Lead Planning Staff is Keith. And I think Caitlin, you had a little bit to offer on this.

She did. Yes, she did. She's very, very helpful. The whole staff was very helpful. I went through a very detailed, lengthy explanation of everything at the last meeting. I won't do that this time. Certainly I can answer anything anybody would have any questions. I do want to point out a couple of things. I do have some things I want to address, including what Jay brought up earlier for consideration. But the things that were in the draft that I want to just highlight that we kind of cleaned up from the last meeting. One of the things that we discussed, we discussed the whole thing on the proposal on the used car sales, and we talked about 500 feet and all of that. I went ahead and changed it to where it stays like it is at 1,000 feet, but it does draw that boundary or bubble. where they could only locate within that West Main Street area. The other things we were talking about, we just pulled those things out. Let's see if there's something else. We put I put some language in there regarding data centers. You know, that's been an issue. And actually, data centers were allowed in a lot of different areas. So we cleaned up the language there and made it where it's still possible in industrial now industrial and heavy commercial. But you've got to go through a conditional use permit. And we put some specific criteria in there if we had a project that we would be considering. important things to consider. Also, one other thing, while we were looking at that, one of the things that popped out to us is that concrete and asphalt plants are also allowed by a conditional use permit in heavy commercial and industrial, which there's no problem with that, but we did not have really good, we didn't have any language in there that if we were looking at a project like that, what to consider. So we went ahead and added some language in there that I think would be beneficial in the future if we, we're not anticipating any projects like that, but if we did, it would be helpful. Added some information in there that I think we had in there last time, but I kinda cleaned it up a little bit, about added community amenity structure language. This deals with the blessing boxes, and you may have heard some of that stuff, but the Board of Mayor and Aldermen did, at their last meeting, waive fees for those types of things. So this language kind of bookends what BOMA did with waiving the fees, just to provide clarity with staff and to give us a great amount of flexibility as we're dealing with those. Yeah, so it added quite a bit of discretion for the planning department in kind of determining some of those things, which, you know, is fine. Also, one other thing that I want to... Let's see, that takes care of that. A couple of things that I wanted to be considered where if we move this recommendation forward this evening, I'll just start with what Jay was talking about and what the Jeep dealership was talking about as well. The considerations of the dark black riverbed rock. Everybody has that before them. Actually, I would encourage that to be added. I think it's reasonable. I think one of the concerns that we've had with rock in the past had been it can kind of heat up and can actually damage the landscaping. But I think in this case where we're allowing only the black rock, which will look about the same as black mulch really as far as visually, but only allowing it where we've actually got irrigation kind of backs away from the concern. with it overheating. But especially in the rains, I mean, everybody probably, mind on my house, you know, I've got mulch and it washes out and I've got to put it all back. So I certainly concern that. I can understand that. I don't really see that every, you know, if we pass this, I don't see a lot of people, businesses utilizing this, but it would give them an option to do it because it is quite expensive. costly because we're not just saying any kind of rock work. We're being pretty specific with that.

Just one question on that. Yes. Mr. Director, I think I heard the representative from the dealership I think just talking about the beds that are up around the building and not beds out along Main Street. Are there going to be some restrictions because I'm just envisioning I know it says a minimum five feet in width, but I'm thinking about some of the planted medians, maybe over in Indian Lake, maybe on Saundersville Road coming off of Indian Lake. Are there any concerns with any areas like that where rock could be used and it becomes a problem in the roadway? Because rock does move. Unless it's glued down, rock can move.

Yeah, one thing we can do, and maybe Jay can comment on it if it's okay, Mr. Chairman, for him to come to the podium. But one thing we can do, we can add some language to this that would give it at the discretion of the planning staff. And then it just gives that opportunity and where we think that's not a good place for it. We could add that language in there or something to that effect if everybody's comfortable with that. Is that something, Jay, that would still fit in with what the business interest would be where that basically what it really would be is the planning staff, which would really in this case be Timothy, you know, would, would kind of make that call about where it would be allowed.

Yes. Chair commissioners. That was the intent. I thought the, I think the draft language actually says that the discretion of the director, um, anything that's outside of that would be a planning commission. So it was a narrow allowance that where the director, um, or in this case his proxy, would be able to make that decision.

Okay. Thank you, Jay. Thank you, Jay. I think that's good that you brought that up, Commissioner, because I think like with that, Timothy, with what she's sharing and I think everyone's acknowledging, that kind of gives us some direction on as we're, you know, if this all passes, on how we're going to manage it.

Yeah, I think generally speaking, the reason that restriction is in there is because, yeah, mainly because of the heating issue. especially in landscape islands that are completely surrounded by asphalt. It really doesn't matter if it's irrigated or not. It's going to heat up. And then adding rock, especially on top of that, the rock is like a heat sink and contributes to the sterility of the soil, which is not a great planting environment. A little bit less of a concern, like up around buildings where you have more soil volume. So, you know, if I were looking at it, I would be more inclined to say yes to something around a building, less inclined to approve that for a landscape island that's surrounded by asphalt.

Okay, thank you.

I hope this applies for Walmart that uses dirt for landscaping.

Good point, Charles.

Commissioner Cunda, if you wanted to speak.

Yeah, I guess, Timothy, maybe a question for you. Like, do we really want to limit it to just black?

I mean, well, the black is... and Jay can correct me if I'm wrong, just an aesthetic consideration. I do agree. The other thing, the other consideration why that rock mulch provision is in there is for the aesthetic consideration. The whole reason we require landscaping within a parking lot is to interrupt a vast blacktop with an oasis of green, not just green color, but something that's alive. If that's like a tan rock or white rock or red rock with the black top, visually it's very striking and not in a good way. So I do think the black is probably, if you're going to have it, it's probably the best option, even though it, you know, from a heating standpoint, not that great. But that's my opinion about that.

Just one more comment from me. I've noticed there's some areas around town where they already have regular river rock out along the roadway in these same areas. So are they doing this by exception or are they doing this by just flagrantly breaking the rules?

Most of them, well, it's hard to say. So the rock restriction is relatively recent. So I would say most of the ones you see, they've just taken it upon themselves to put it out there. I can name some businesses that I know of right now. I do, too. That have done that.

And it's not a real recent, I mean, it's not a very old business.

And that's not because they've come to the Planning Commission and asked permission.

Okay. All right. Well, you know, and that's where I have a little issue is we're making the exception for black river rock and not other river rock because these that I see are river rock. And I heard what you said. You know, it breaks the monotony of the blacktop, okay, but, you know, and beauty is always in the eyes of the beholder. Some people think that that tan breakup is better, you know, than seeing all black also. So I don't know. I just have an issue of saying one rock's okay, but the other river rock's not okay.

And the staff, I think, we're certainly open to just saying river rock. I mean, actually, we could take out.

That's not river rock.

Huh? White's not river rock. No. Right. We could take that out, the dark black, and just. say River Rock, and then it's still going to be at the discretion of the planning director?

Yes. Does that sound good, Tim? Yeah, I like it that way because then you're making it at the discretion of the planning director, and if you can't agree there, then the next line says it goes to the planning commission. So I think that's the best way to do it.

Okay. And what I'll do, I've got a couple more, and then I'll just kind of recap them. And then whenever there's a motion to approve, then you can just refer to what I just surmised. And then we'll, we'll incorporate that, uh, as it moves forward, uh, to Boma, you know, I talked about data centers, everybody's got this sheet that's got the red on it, but data centers, uh, in looking at that, what we realized was when we were in, In the zoning ordinance under purpose, we actually were defining data centers, and then really we've already defined it under the definition. So this just cleans it up so that the definition is fully within the definition section, and we're not defining it within the body of the text. A little simple thing, but we just wanted to clean that up. We just kind of caught that. So that's that.

I'm sorry. I know we've been here a long time, but Can we go back a minute on the concrete facilities, concrete plant? Yes. Does it say 20 feet from any other zoning districts or public right away, 100 feet from any residential zoning district or existing residential use 100 feet. So if there were two acres available, someone could put a concrete plant within 200, 100 feet of a residential property.

Well, it would have to be rezoned, and then you'd have to also get a conditional use permit. Okay. So it would be, you know.

As long as there are a lot of gates to control that.

Yeah, it would not be anything by right that you'd be able to do.

All right, thank you.

There's a path forward, potentially, but not by right.

Okay, thank you.

I had a quick question regarding data center. Go ahead. You had it has to be heavy industrial or industrial.

Yes.

So... Help me on the industrial district. If you Rockland Road, once you passed free hill for the water treatment plan and the new Lincoln property, all of that is owned industrial, correct?

I think it's most not all of it. Some of it's heavy commercial. and some of it's industrial, but other, there's a little general commercial, I think back there too.

So I guess my question would be if a data center showed up and wanted to go in that area in the Lincoln properties building or something similar in that area, that would probably be a good fit for it. I just didn't want it to kill it because it's not industrial. It's, it's heavy commercial.

Yeah, let's look at that real quick. What is that where Lincoln Rockland is? What is that zone? Timothy, what is that?

Industrial PD.

Yeah, it's industrial plan development. So basically, I don't know if that's an allowed use right now, is it? Yeah, so that's already allowed.

So we're okay there?

We're okay there. So it could go there.

What's the orange behind it?

That is MXPD. MXCPD. MXCPD. It's an old festival center. It's like a mixed-use development. It's mostly what would have been like a 1980s strip center.

Would we have an issue if it showed up and that's where it went?

Well, it would have to get rezoned and probably extend that industrial plan development. Yeah, that would be. Which makes sense.

So it wouldn't be something we would necessarily dig our heels in.

And I think it would be compliant with our future land use plan, too, if that was industrial through there. But we just had, you know, we had it. I changed it. We had data centers that were allowed in commercial and office, like by right. And so this change, you know, changes that. I think data centers can be appropriate, but they need to be, you know, any community looking at it when there's an ask, you know, it's not already allowed by right. I mean, they need to answer certain questions to make sure it's to the benefit of the community and not the detriment of the community. So that's kind of what this does. Plus, in addition, you know, we really don't have a lot of available vacant places. industrial property or heavy commercial for large data centers. If we did have anything in the already areas that it's approved, they would probably be on the smaller scale. Okay. is probably what would happen. Thank you. Also on data center, this sheet here that's got all the red on it says data centers on the top. This is just a simple change. On item number 5C, we had their connection to public utilities shall be underground where feasible. We caught that. We want to cross out where feasible. It's got to be underground. That's our requirement. Anyway, so that's what we want to do right there. Also, one other thing that we want to do is the one here that says by Planning Commissioner, Board of Mayor, and Aldermen. Got that little box right there. On that one, on successful applications, we wanted to make clear that within one year of the date of denial by the planning commission or the board of mayor and alderman, you can't submit something unless the planning director approves it. You can't resubmit it if it got denied. We're fixing to, you know, I talked about it last month. Some of the state laws are changing. on the timeframes that we've got to act on applications within 30 and 60 days or it's automatically approved. So what's basically going to happen is we're, you know, chances are us and all other Tennessee communities are going to be denying more things at the staff level. than they have ever done before and so in doing that we didn't want to create a situation by leaving this unchanged where if i deny something then oh it's got to wait another year before we could submit it we don't want that confusion to happen this this really only relates to planning commission and board of mayor and alderman decisions mostly it would be like um It'd be like the planned development for Avalon, for example. If it failed, then they couldn't submit that same exact thing. It would have to be something different. So we don't get communities, neighbors worn out by things failing and just keep getting resubmitted and they're not really even different. So that's kind of what that's for. So we want to make that correction. And then this last thing I think I have Is this one here that's got the yellow on it? Everybody kind of sees that. This is just in the definition section on community residence. We want to add under the definition of community residence facilities, meaning the definition of family as per Tennessee state law shall not be considered. as a community residence. What happened there is, and then we want to remove it under community residence small. That's where that language was. And it needed to be under community residence, not just community residence small. Because we have community residence, and then it's broken into small and large. So this is just kind of moving this language where it's appropriate. These different things, we wanted to clean this up because these are going to be more specific challenges. that we're going to face with group homes and community residents and things like that. There's several of those things that are by right allowed depending on the makeup of it. and it depends on whether it's for-profit or if it's non-profit. So there's a lot of different factors on that, and we just want to clean that language up so there's no confusion. And this is everything that I have, and I'm just going to surmise it here real quick. The one thing would be... One second here. would be on the planning beds with the river rock, just excluding the dark black and just making it river rock, saying basically except that river rock may be used in planning beds that are provided with permanent irrigation, subject to approval by the planning director. Okay, that's the one item. The next item is under data centers, chapter 10. We're just on 10.3.2 and on chapter 16 definitions. We're just flipping some things around to provide clarity to what is a definition. and not defining data centers in the body of the proposed tax. Additionally, on data centers, on item number 5C, where it says connect to public utilities shall be underground where feasible, we're going to strike where feasible under that proposed thing, so it has to be underground. The other item is under Successive Applications 3.2.8, and we're adding... within one year of the date of denial by the planning commission or board of mayor and alderman to clarify that so it's not confused with when staff denies something and then the final item that i have is that definition on community residents and community residents small moving that facilities meaning the definition of family per tennessee state law shall not be considered as community residents under the actual community residents and move it from Community residents small those are the items that I would kind of consolidate as to being additional planning director items to add to this revision if there was a Motion to approve and I can I can answer any questions or the staff can assist and answer any questions as well on these Any of these proposed changes any questions from anybody on the Commission?

Well, I'll make a motion I'll make the motion to accept Let's see. All of the major zoning ordinance executive summary changes and all of the recommendations proposed tonight and summarized by the planning director and all staff comments. Second. And I have a second. We will vote for this electronically. Did that cover everything? Yes, sir. Okay.

Motion passes with nine yeses.

Thank you very much. Next, we have staff level projects approved. I'll go real quickly through this. Drake's Plaza Facade, Our Lady of the Lake Prayer Garden, and this is the, I always struggle with this word, columbarium. And then the Pate subdivision, lots 49, 50, 51. Any questions anybody want to ask before we move forward off that one? Next is the staff level projects pending. That's CLPAL addition, lot 17 and 18 resub. That's 134 Powell Drive, Forest Park Phase 1 model home. Anybody have questions there for the director or the staff? All right. Keep moving along. TBN, Millennia Cottages, Final Platte. How's that looking? Does it look pretty good to you guys? Yeah. All right. Planner Director, comments?

I have no comments this evening, Mr. Chairman. All right.

Thank you. I'll accept a motion for adjournment.

So moved.

Thank you, everybody. I have a second. Me, I'll second it. Everybody say, in a favor, aye. Anybody opposed? Thanks for being here tonight. To the two new guys, you've got a long meeting under your belt.

Thank you, Jason.