Hendersonville Planning Commission - Regular Meeting

Getting to order. Welcome everybody. Thank you for being here. Everything good back there? All right, I'll do the opening prayer tonight. I forgot to ask anyone, so you're stuck with me. Please bow. Dear Lord, thank you so very much for all of our blessings. Bless us tonight. Watch over us as we make decisions here in Hendersonville and help us to do the right thing for this community. Lord, uh right now, our nation is in a time of turmoil. Be with them. Be with our soldiers. be with all of those people that we have scattered around the Middle East and even into Europe. Watch over those people and protect them. Lord, watch over our soldiers. And Lord, please bless our leadership and make sure they make the right decisions for our country and for us. All this we pray in Jesus sweet and holy name. Amen.

Amen. Roll call. Zack Altiser here. Evans here. Hardwick here. Hasty here. Kerr here. Wessle here. Martin here. Silkwood here. Slatterie here. That makes nine present. Thank you very much. Next is public comments agenda items only and we have no one signed up. Did anybody overlook it and want to speak? All right, we'll pass over that. Thank you very much. Next is the acceptance of the agenda. Everybody on this side good with what they have in front of them? Yes.

All right. Thank you everybody. I'm sure you saw the minutes from last week. Any questions? Any comments? Do I have a motion to accept? Second. Have a motion and a second. All in favor say I. I. Any opposed? All right. We have one abstension.

Oh, you're right. I'm so sorry. So move. Do I have a motion? We have a motion. We have a second. All right. Do all in favor say I. I. Any opposed? I went way too quick on that. Thank you, Zach. I'm excited tonight.

All right. Next is the consent agenda and it's an agreement on the consent agenda and it is the Forest Park phase 5 preliminary plat owner Gen 10 Gen TN2 LLC Beaser Homes LLC location 1685 Saundersville Road parcel 137038.0 O the lead planning staff is Zachary. Want to tell us a little bit about it, Zach, before we move on?

Uh, sure. Yeah. So, this is phase five of Forest Park. Um, we have seen previously we've seen phases 1, three, four, and six. So, phase 5 has 32 single family homes. Um, altogether the development has 612 housing units across 269.7 acres and nine phases. So, we're still waiting on phases 2, seven, eight, and nine to come through. Um, but yeah, uh, they agreed to all staff comments. So, all right. On this side, anybody got comments, questions? Nothing. All right. So, do I have a motion? Do I have a second? Second.

All right. We'll vote this one by electronic just to make it official. Motion to approve pass with nine yeses. Thank you. Next we have site plan and there is exactly one on the site plan and it's Rogers Group Hendersonville shop site plan. Owner is Rio Stone LLC. Location 244 Station Camp Creek Road parcel 137013.0. 0 lead planning staff is Timothy.

Thank you, chairman. Um, Rogers Group is requesting approval of the site of a site plan to construct a 11,000 square foot maintenance facility. Um, this is on the the east side of their property adjacent to Big Station Camp Creek Boulevard where uh I think it's Oakfield intersects there. Um the blue rectangle shows the location of the of the building. This is zoned industrial. Um they are requesting a waiver. So for industrial our building design standards allow metal on the sides and the rear. Uh for the front of a building though it um doesn't allow metal. It allows split face block brickstone um other materials. Um, so they are requesting a waiver to allow metal uh on the side that would face Big Station Camp Creek Boulevard. Um, I'm sure you all all know what that property looks like as you drive by it. There is a um significant tree buffer um along Big Station Camp Creek Boulevard and they're proposing to extend that uh further uh further southwest to help screen this uh eventually from from the rest of Big Station Camp Boulevard. So they're requesting that waiver. Um and then um so going back to 2015, Rogers Group got approval for the relocation of their asphalt plant um from the west side of lower station uh to the to the east side. Um, as part of that, they were required to comply with the city's uh bike ped transportation plan, which showed a

greenway running through through their property, which is shown on that blue line on the screen. Um, and the the planning commission approval stipulated that if they could not obtain core of engineers approval for that greenway because it runs through their their property, um, that they would then do a payment in lie of for sidewalk curb and gutter along big station Camp Creek Road along the portion of the asphalt plant relocation only. So again their options were either build that greenway if you can't build it permission of the core of engineers then do a payment in lie of for sidewalk curb and gutter on on big station. Um, so after they they spent I think a couple years doing the relocation um at the time I think we let Rogers Group know that before we accept any more projects that they would have to get that greenway built or resolved in some way. Um so now with this site plan um Rogers group is requesting to instead of building the greenway or doing the payment in lie of along big station they're requesting to do a payment in lie of the greenway um and remove that obligation. Um the uh we've also been in in um in talks with Rogers group about um potentially providing an easement along the um along the back side of Milstone which is the west side of of the quarry property. providing an easement there where the city could if it wanted to build we could build a greenway which might be an alternate route for the

planned greenway along Saundersville Road. So again, they're requesting to do a payment in lie of for for that greenway. That concludes my report. All right. Does everybody understand what Timothy said? All right. Well, we have the applicant. Do you mind stepping up to the mic over here? That way, if there's questions on this side, they can start asking you.

All right. Do we have any questions for the Will you state your name? Yes. Austin Gamble. Austin, tell who you're with. I'm with Rogers Group. I'm sorry. All right. Thank you. Anybody questions for him? Go ahead. let up your Go ahead, Vanessa.

Uh, thank you, Mr. Chairman. Thank you for being here tonight. Um, so, you know, typically I'm not in a fan necessarily of waivers, but I tend to agree with you all um, in this instance. I really feel like a dark metal building is actually going to be less obtrusive um, than what the zoning ordinance would require. I think would actually fade into the background, especially if we have that evergreen buffer. But I do have a question. Would you be willing to extend that evergreen buffer along the entirety of that property line? You know, I saw on Google Maps where it extends almost to the entrance of your facility and then there's a bit of a gap and then on the other side of the entrance there, no evergreen over there. Would you be willing to extend it on both sides along your property line? So, if you just to make sure I'm I'm clear, you're looking at the map here. We have the entrance road that's I guess technically Gallatin. Um right there next to the blue area and then so to the right of that or to the south of it.

Hold on. If you go back probably one more. Yeah, right there. Right there. Yep. So to the south on Big Station Camp. Correct. Okay. Uh so that property is actually owned by Aly Cassidy. Um that is something though. I mean, if we can we could talk to them and see if they would they'd allow us to do that, but we we don't own that property right along the road. But as do you own the property on the other side of the entrance set back, not that little slice that's right at the road frontage. Oh, I wish I had a pointer. I'm sorry. Uh we I open to we're open to extending trees. I'm not exactly sure where it is you're talking about, though. Um Um

I'm sorry. Okay. So right here in that yellow line, you see that you've got this little sliver right there that's right along the road and then you've got that yellow portion right there. That is or is not your property. I believe that's owned by Alic Cassidy. Um but if that is if we own it, we can put trees there. That's

okay. Because that's what I'm asking. I think it would be, you know, a perfect scenario to have a dark metal building, you know, that is set back from the road, although it's rather large. um it would really fade into the background and create a much better visual visual from the road and also from that new subdivision that's across there. If you guys would be willing to put those nice evergreens on either side of that entrance, I think that would really make a a huge improvement there. Yeah, we can I'll check into that and then like I said, if we as long as we do on that, I've we don't have a problem doing that. Okay. So, thank you. Next, Commissioner Martin.

Thank you. I just wanted to share with the board with the commission. Um I talked to parks. Um they're not really interested in this greenway at this moment. Um they've they've got other uses, other greenway projects that um if we did do the payment in L that they would be more interested in in in doing. So just wanted to share that with everybody. And I if I could I did leave out one part of my staff report which I meant to mention that is the existing conditions uh that this this greenway would run through and that is the route that it has to go. It has to go underneath a couple of conveyor belts that that carry rock from the quarry to the asphalt plant um with the potential for overhead drop there and then it would also have to cross a a hall road which um is you know a pretty major hall road. So those are two very um kind of limiting factors there plus the um just the conduciveness of the you know all the rock dust and all that that just you know always covers everything around there. So you can imagine walking down the greenway and having those conditions around you might not be too too palatable

to pay attention. Commissioner Slatterie you're on there.

Thank you Mr. Chairman. Thank you for being here tonight. My comments are are not so much about your particular project, but as we talk about increasing the evergreen buffer, and I think those are are valuable. The thought occurred to me that in the last three weeks, we've seen a lot of evergreen buffer hit the ground with ice storms and with damage and obviously tornadoes. So, it it's causing me to pause about overly utilizing planting commitments to overcome a waiver request because those can come down very quickly and it's very difficult to replace a 20-year tree, a 10-year tree. I um I don't think I have a problem with the the all metal building. The color is good. It does fade in. That's definitely an industrial area because of the the quarry and the work you're doing. But I just would would like to say to my fellow commissioners, I'd like us to think very carefully going forward as we look at projects about planting and buffers being used as a way to get around a requirement and as a way of getting a waiver because we learned, as I said just in the last three weeks, how easily those buffers can disappear. But I have no problem with your project. Thank you. Commissioner,

did they agree to that other possible easement for possible greenways in the future? We we have not yet. Uh that's something that came up kind of towards the end of this discussion. Uh it's something we're working with on our legal team just to kind of define and make sure that's that's something we definitely want to commit to. Um but it is in discussion quite a bit right now. Yeah, I don't think you need to have a greenway underneath a rock quarry conveyor belt, but if there is a an area that's a future potential, right,

that's not going to impact what Rogers group has planned for the future, you know, just have it just in case. Yes, sir. No, I I agree. I think, like I said, we've we've discussed that or I've discussed that with our legal team. We just haven't made a a final decision and kind of outline exactly where that is, but we're still working with with Timothy and them to to work on that. Commissioner Martin, I was just wondering, we talk about payment and Lou, if we had a a number that that you guys have been talking about or how we derive what that value is.

Well, and just a followup to that too, you're you're offering a payment in lie on the greenway. What was the payment for the curbon gutter along the roadway? So, I would like to see the comparison because personally I'd rather see the city get the larger of the two. Yes. So, um I did ask public works to sort of do an estimate on those two things. The estimate on the sidewalk criminal gutter was $137,200. Um on the greenway that was 216,800. That's just a kind of rough estimate.

Cool. Well, it looks like you all were ahead of us on that one. Sorry, Rogers group, but you get you can sell some more gravel, right? Understandable. Understandable. There's more mountain you can. Yeah. There you go. All right. Any other commissioners with questions? If not, I'll entertain a motion. And if I if I could, did y'all want to just leave that the payment loo amount to be determined by staff's public works metrics? Yes, we would. Okay, we have a motion. And in that motion, if you do try to include what Timothy just said, is there anything else that we need to be explicit about?

Just which uh which of those payment l amounts we're talking about? The greenway or the curbon gutter? Correct. All right. and the future easement. Yes. Okay. Well, again, on the easement, I think we're Rogers Group is not committed to that. That's something they're still pursuing through their legal team if that's something they can do. Yeah. That's just an ongoing discussion we've had. So, I don't know if y'all prepared to Not right now. Like I said, we're right now we're not prepared to to fully commit to that. Um I don't see it being a huge issue, but we're just haven't had enough discussion internally to to make that decision yet. So, we're just leaving that off.

Well, you could leave it off or you may be creative and at least keep the, you know, force them to keep the continuation of the conversation. Yeah. Doesn't mean it has to come to a fruitful end, but at least they have to have the conversation with the city. All right. Here we go. All right. Everybody contribute when I leave the path. So I move that we accept the proposal with the waiver requested for the building materials that we approve the waiver request on the greenway that's currently outlined the greenway payment in lie of

in the greenway with payment in lie of to be finalized by the planning department in their discussions and leave open the discussion um around future greenway development in other locations on the property, especially the west side. Especially the west side. There you go. There you go. All right. I'll second that motion. Thank you. Did we leave anything off, Timothy?

Zachary, did you get it all? All right. So, I'll second that motion. Now, we will vote electronically. Motion to approve pass with nine yeses. Thank you. Thank you. Appreciate it.

Okay. Next we're to our other category. It's Winstar Bay section 1A lot 73 setback deviation final plat owner Philip Breen. Location 107 Fairlake Court, parcel 170 Ka017.0. Lead planning staff is Caitlyn Shin. Do you mind telling us about it?

Yes, sir. So, uh, the applicants are the Brezins. They are requesting a setback deviation for the property located at 107 Fair Lake Court, which is subject, uh, situated within the Winstar Bay section 1A cluster development. The applicants are seeking to reduce um their rear setback from 20 feet to 10 feet to facilitate a new home addition that they're adding to their home. The two-story edition will uh be featured a therapy pool with a sauna on the lower level, a laundry room and half bath and studio on the upper level. There will also be an open deck on top of the lower level therapy pool. As you can see on the image on the screen, it shows the layout of the with the new addition where the 20 foot would not allow them to do the therapy pool. If this was not in a cluster development, the zoning ordinance actually allows due to the property being against core property, it would allow them to have a 10-ft set back in the rear instead of that 20. See, the HOA um has given approval for the project and that letter as you can see on the screen and they if approved a three-page plat amendment will be submitted for review and then recorded. That's all I've got. All right. Is the applicant here? Do you mind coming up to the microphone?

If you'll just state your name and your address. Phil Breesen, 107 Fairly Court. Thank you. You're welcome. All right. Anybody up here have questions for the applicant? No questions, no comments. Wow, you're a lucky man. I'm telling you. I feel very lucky. I'm glad. I'm telling you, usually on a a setback deviation, it is full of questions. Well, I guess no Army Corps person's here. So, they're they're the ones I see one from Mr. Hasty. Go ahead. I don't think anybody from the core is going to complain. Fishermen are not going to complain about that setback there. But I think it's good that in lie of what we saw at Manskers farm at least they come and ask on the front end for any deviation. So

there you go. I'll make a motion that we approved their request. Second. Okay, we have one more person in the queue for comments. So can we hold that for just a second? Commissioner Evans,

I've got to make a comment here. uh having lived two different places on the lake and uh questioning I guess why do we even have a setback next to the core property. That's a rhetorical question. Uh third and in two places that I've lived previously the setback to me is uh I guess a deterrent to impediment of neighbors view of the lake. Uh I've seen both of those problems. the the unique not unique but the shape of this lot on the back end kind of negates that problem. I I see where that might uh see if you look at the at the shape of the lot on the on the core side it it uh fails to uh impede the view of the neighbors on either side. So from that perspective it's okay. I wouldn't vote for it if if there were a view problem because part of the reason that you're on the lake and uh uh near the lake is so that you can see the lake because sometimes you can't use the lake from your your lot. You can you can only see it. So I I'm hesitant to continue to grant waiverss on setback lines. I I know of three we've done lately that uh that have created problems in my view and uh we we voted for them. But I think if we willy-nilly do this and ignore our setback lines consistently, I I think we're doing a disservice. I'm going to vote for this one because of the unique way it sits. But we we do need to look at those in the future. If we don't need setback lines, let's don't put setback lines. If we do need them, uh let's let's be careful about about waving those because it does hurt neighbors. neighbors get excited about that, but they don't want to go to war with their neighbor over the uh over something that they're they're not adamantly opposed to. So, I I think it's up to us to use a little more care and uh avoiding the

setback lines that are there for an obvious reason. Thank you. All right. Understood. All right. We have a motion. We have a second. If we have no other comments, then we will move ahead with the vote. Motion to approve pass with nine yeses. Thank you, Philip. Thank you.

Okay. Next, we have staff level projects approved. Um, anybody have comments directly about any one of these? Otherwise, I won't read through them. All right. Good. Then we'll skip ahead. Staff level projects pending. Same thing. Anybody have specific questions here and we'll jump right on ahead. Assistant planning director comments. Timothy, you told me in the pre premeating that you were going to speak for hours now. Well, you're right. I've I've never gotten to do this before, so I've got at least 20 years of backlog to get there.

Timothy's got a lot to say. No, I I don't. This will be very short. Um, y'all may have noticed the Chick-fil-A on your way in as a sharpl looking site and building. It is incredible looking. So, really proud of how that turned out. Um, they did a great job on that. Um, and then the uh the gateway sign that we had talked about last time or a couple of months ago, I think it was. Um, we are continuing to work on that. met with the um design team uh day or yesterday. Um so we're working through that. Uh that's progressing and we're excited to see that come to fruition. Um that's all I've got.

All right. Well, now entertain a motion to adjourn. Does anybody really want to leave this early? Do I have a motion? So move. Do I have a second? All in favor? I. Any opposed? Thanks everybody. Y'all have a great night. That's a record.