Council - Regular Meeting

At this time, I'd like to call the March 30th uh town special call uh town meeting to order. Could we please stand for the pledge and the I pledge algiance to the flag of the United States of America and to the republic for which it stands one nation under God indivisible with liberty and justice for all. Let us pray. Heavenly Father, again we thank you so much for leading us and guiding us tonight that we make the right decisions for all the citizens of Nashville. Amen. Amen. Okay. Okay. Mayor, I'd like to make a motion that we continue two of the items on our agenda. Okay.

Um the shipping container ordinance and the economic development agreement for Brazville Farms. Do I? All those in favor? I. Motion carries. Uh at this time, next on our item is the um the uh meeting minutes for March 12th. Did you special call council me? Did you find any corrections to those minutes? If not, do I hear a motion to approve? Move to approve. There's second. Second. All those in favor, let it be known by saying I. I.

The next minutes were approval for March 3rd, 2026, the Senate, the uh regular council meeting. Did you find any corrections that need to be made on those minutes? If not, do I hear a motion to approve? So moved. Second. All those in favor, let it be known by saying I. I.

Uh we have uh one that would like to speak for co uh public um comments and then we have some for the when we have our um open public hearing. Um Mr. Chris Sandy Sandy 720 South Body Street, Nashville. Um, we postponed the uh shipping and container ordinance thing. Once again, I'm just curious of why we It's It takes a lot of time and energy on my part to arrange people to be here, um, people to be viewing the meeting and all that sort of thing. So, it's a lot of cost for me to to arrange that and then unarrange it and all that sort of thing. So, I'm just just curious what's going on there.

Can I can I legally tell him? Yes. our um our attorney that was reviewing it and everything had a family emergency Saturday. Mhm. So that's why we had to. All right. Well, anyway, that's all I was saying is it adds a lot of cost to me to keep going again. I'm sorry. And I was dragged out till May, but we can't control that and I hope we'll be able to do it in May. Thank you. Um then we'll move on to our new business, the conditional res.

Hey, mayor and council. That's page 66 in your packet. And once again, good evening to everybody up there on the council chamber podium. Tonight, we have conditional zoning 2022603. Mr. Michael her has submitted on behalf of her LLC the request to reszone the property located at 608 Western Avenue from our attend the conditional zoning non-residential O and I the subject property is 9.47 47 acres track with road access off West Avenue. The property once was a 2,12 ft 3bedroom one bath single family dwelling. Those require public hearing were put in the town of Nashville graphic on May 12th, 19th, and 26. Informative letters were also mailed out to 92 property owners in the 500t radius.

March. If you flip over, you said March. Say you said May. I'll be March. I'm a mother.

Yes, sir. May it's a good month. That's my birthday book. That's probably why. If you turn to page number 68 in your packet, you will see that Mr. Her and his staff also presented the resing map for the property which is 9.47 acres. You will see on 69 the meets and bounds as we request. Mr. Her staff also presented to us for the this evening the list of everybody who received a letter. If you turn to 72 in your packet, that is the letter that did go out on March the 9th. And in 73 in your packet is the letter certification of notice delivered from the plan director stating that on March the 9th, 2026, we did mail out letters to inform the public of the planning board meeting and town council. 7475 is the application and we've already gone to application before. So we'll jump right over to number 78 as we stated. Mr. Michael Herz here to request a conditional reszoning of the property 608 Western Avenue from R10 to CZN and II for two uses. Those use are office and financial service. We classify that as professional office space and government land use. If you look north of the property, it is R10 multifamily and R six. South of the property is B1 vacant wetland area which is Stony Creek Park. East of the property is R10, a residential neighborhood. West of the property heading back towards to the town hall and the Nashville junction is R10 and R six residential neighborhood. The council knows the definitions of R10 and conditional zoning non-residential. So, as we always say every month, there's no need for us to go back down those roads. In our 2021 Nashville comprehensive plan, this property was slated for neighborhood services. Leverage of hood services prefer us is retail, professional service, restaurants, offices, institutional uses and government facilities.

As we stated earlier, Mr. Herd is asking for only office and financial service professional office space and government land use for the 9.47 acre track. If you turn to page number 80 in your packet, you will see a picture of the former three-bedroom, one bath single family dwelling. Page 81, you see the Nash County GIS of the property stating that it is R10. If you look at your notes above that, you will see that the property was stated for neighborhood service in the comp plan and this property will be contiguous with the adjacent zoning district of the zoning map and will be consistent with the future land use if we decide to reszone it. If we jump over to page number 82 for the project history, right under the future land use map, as we stated, Matt Gos on behalf of Michael Hurt who is here tonight, Mr. her to represent her LLC is LLC submitt application on Tuesday January the 20 from R10 to the town Nashville planning board held a public hearing on this matter on February 24th during the public hearing three residents came up to speak against the resoning request that evening board member Walter Harper made a motion to approve the resoning request with board member Dennis Evans seconded the motion passed absolute 30 the town Nashville planning board voted in favor of the resoning request and prepared to stay consistently for the approval approval stating that this resoning does align with the town of Nashville future land use map and comprehensive plan and improvement it would follow the recommendations of all applicable plans the town has on file for resoning that evening on March 3rd 2026 this came before the town council five residents came up and spoke against the resoning request at that night at that meeting the town council asked the applicant Mr. Mike Tolson, would he withdraw the request and refile for conditional resoning, which he did do? The property can be served by town warden sewer. As we stated earlier, 92 property owners received a letter within 500 radius on Saturday, March 9th. The original was 105, but 14 of those properties were owned by the town of

Nashville. The reasoning sign was posted on the property February the 4th. Legal notes advertised again for March 12th, 19th, and 26 for the planning board special calling town hall meeting. the front door poster of the new announcement for March 9th at the town hall and the Harold Doug Culie Library and the parks recreation center. The town TRC did meet on the conditional reser request on January 27th, 2026. As we stated, the subject property front portion is not located in the flood plane. The rear portion that bumps that abs to the Talon Asheville land is in the 5001year flood plane. The subject is not located in the Stony Creek upper Stony Creek wershed. These such property is not located in North Carolina DEEQ water supply wershed. We said it earlier. This such property is slated for neighborhood services. During the February 24th, 2026 public hearing for the planning board. Three residents came up to speak out against the resone this property request to speak against reszoning request. The planning board had even voted to approve the reser request for RTO and II. March 3rd hearing was held again on this matter in the town council and it was withdrawing. The town of Asheville planning board held another public hearing on March 24th. During the public hearing, five members of the public came up and spoke against the apartments but were okay with the request used for the requested by Mr. Her again to clear and send those uses. Boardman Walder Harper made a motion that night to approve the conditional reser request with the development additional conditions. It was also second that evening by board member Ross Strickland and they asked me tonight to prepare the state consistent to give to the town council. Also that evening, Mr. Hurt did verbally commit to the development conditions imposed by the staff. As we say, this is not spot zoning because such property will be reszone to CZ N O and I where the town for future land use and conference plan use is allowed. The only use the property will be asked for right now is office financial service professional office space government land use. Any other use would have to come back before the

planning board and town council for the amendment and the subject property is in harmony with the use request as the property has road fringe off the western avenue. As we stated TRCDM January 27th they recommend approval of the red of the conditional zoning with the staff recommend staff development conditions and we will go over those conditions that the staff decided to put on this property. The subject problem shall be only be requested for the use applied for office financial service government land use. They will be required the applicant be required to get a zoning permit issued by the town of Nashville for the change of use. Significant or substantial modifications or revisions to the approved site plan may require additional review by the town Nashville TRC. Any new use change will be brought back to the town of Asheville planning board and town council for the amendment purpose where the approval vote will be needed and the conditional zoning map amendment shall be invalid unless or until the applicant practitioner consents to the attached development conditions. Mayor and council that is the town staff's agenda report. Mr. Hurt is here to entertain or answer any questions that you may provide to him. I will yield back to you mayor. You can bring up Mr. Hurt then we can open up the public hearing. Mayor

Okay, Mr. Hart. Do you would you like to come and council? Do you have any questions to Mr. Hart? Mr. Hurt, do you contest that the general report was given to the best of your knowledge by staff, sir? Yes, sir. Thank you, sir. Any questions? Pretty straightforward. So, it is. It really is. Yeah. But I appreciate you coming anyway. Yes, ma'am. Nice to see you. Nice to see you. Um, at this time, do I hear a motion to open the public hearing? Public hearing. Is there a second? Second.

At this time, um, Kenneth Fly. Kenneth Fly, 728 Westview Court. Um, just want to state the record here. I'm very happy with the compromise we've come up with. Um, one thing I would like to see, I know you said in the future if he wants to come up with um different land uses, he still has got to come. I would like to see that put in writing about like no three stories apartments with this um current one here. But um as far as the harm in the neighborhood, as long as he sticks to the guidelines and the um ones that he's trying to do now, I don't see no problem with it.

Okay. Thank you, Mr. Fly. And then Patrick Good evening. Good evening. Patrick Butler, 525 Westwood Circle. I don't remember how many times I've been here, but goes all the way back to 2000 to this year. Um I'm happy with where we're at, but just like Mr. Fly, um I really am opposed to the uh multi- um apartments that were initially proposed. And I know uh I mean this is a good compromise. Um I just feel like I'm going to be back here in a little while to talk about those apartments again because uh this opens the door, you know, with O and I conditional. So then there'll be a request later to remove those conditions and put those apartments back and uh that'll cause a big hub with the community and it should be a lot of folks here from my area, but I think they're just suffering from meeting fatigue at this point. Um, but with that said, uh, with everything represented the way it is tonight, I'm fine with that. I'm just very opposed to, uh, to the apartment type stuff that was initially proposed with this.

Thanks for sharing. Yes, ma'am. Thank you. Anybody else would like to speak? If not, do I hear a motion to come out of the public hearing? So moved. Second. All those in favor? I I Do I hear a motion to approve? deny, table, or take no action on this ordinance 2026-07. We would ask also, council, if you're going to approve the reszoning, we will ask you to also adopt the development conditions that we imposed on the that he has agreed to. Now, the development conditions are 1 through five which are listed in here. That is correct. Can you possibly read those just for the record?

That is no problem. We will ask the applicant. The subject property shall be only the requested use that has been applied for office and financial service professional office space and government land use prior to any change of use. The applicant must comply with the following permits. A zoning permit issued by the town of Nashville. Significant or substantial modifications or revisions to the approved site plan may require additional review by the town of Nashville TRC technical review committee. Any new use or change will be brought back to the town Ash Nashville planning board and town council for an amendment where approved vote will be needed and the conditional zoning map amendment shall not shall be invalid unless or until the predator consents to all detached development conditions. Yeah.

And Sean, can we clarify for the record that government land use does not include housing? That is correct. Government land use is if the county wants to use it for a park and recreation center. If the sheriff department wants to use it for a substation, fire department wants to use it, the town wants to use it. If anybody uh federal government, he can rent it to any one of those. Any other questions? I just have a correction. Um in the What page are you on? Oh, 85. Okay.

And 86. So, in either one of those approvals, um it says that our future land use map has this property slated for medium density residential, but the reasoning um would allow growth in and in in a controlled manner. So, I think we just have to correct that to slated for neighborhood services and the reasoning of the property in this conditional way would allow for growth in a controllable manner. That's correct, Councilwoman Burns. I did miss that on my end right now, but that's correct. This is neighborhood service, not medium density. Okay. In that case, I'll make a motion um that we approve this and based on the fact that um our future land use map shows that the property is slated for neighborhood services and uh the resoning of this property would be allowing for growth in a controllable way.

Is there a second? A second. All those in favor, let it be known by saying I. I. Motion carries. And Mr. Herd, you do condition approve those conditions as always. Thanks, sir. Um I think that um concludes everything on our agenda since uh we had um couldn't cover some things tonight due to so uh do I hear a motion to adjourn? Motion to adjurnn. Second. All those in favor let it be known by saying I. I think this is the shortest meeting we ever have. Mr. I need to see more.