Regular Meeting Agenda Tuesday, June 15, 2021 6:00 PM Nashville Town Council Chambers
1. Call to Order by Mayor Brown
2. Approval of Meeting Minutes
a May 4, 2021 - Regular Meeting Minutes Agenda Report May 4, 2021
3. Public Comments
• 3 minutes per speaker • See Public Comments Policy for more information
a Public Comments Policy Public Comments Policy
4. Old Business
a Decision on granting RBD Investments, Inc. a special use permit, SU 2021-02, for a residential planned unit development (PUD) on 110-acres of the former Birchwood Golf Course along Birchwood Drive in Nashville. Agenda Report Updated Concept Plan & Layout - as of May 27, 2021 Quasi-Judicial Rules Staff Report Special Use Permit Application
b Review and discuss the Forest Hills Cemetery rules and regulations, and devise a plan for enforcement. Agenda Report Forest Hill Cemetery Map Chapter 10 Cemetery Codes
5. New Business
a Review and discuss submitting an Economic Development Administration (EDA) grant for the Cooke Road Water Extension Project. Agenda Report Golden Leaf Denial Letter Extension Looping Route Engineer's Water Extension Cost Est
b Notification to utility customers of rate & fee increase effective July 1, 2021. Agenda Report - Html Council's Utility Fee Rate Increase Notice
Page 1 of 68 6. Town Manager's Report
7. Council Comments
8. Adjourn
Page 2 of 68 TOWN OF NASHVILLE 499 S. BARNES STREET NASHVILLE, NC 27856 WWW.TOWNOFNASHVILLE.COM (252)459-4511 AGENDA REPORT
MEETING DATE: June 15, 2021 PREPARED BY: Sarah Tinkham, Clerk ISSUE CONSIDERED: Approval of meeting minutes SUMMARY OF ISSUE: The following sets of minutes are up for approval at tonight's meeting:
May 4, 2021 - Regular Meeting Minutes
MANAGER’S Recommend approval. RECOMMENDATION: ATTACHMENTS: May 4, 2021 - Minutes REVIEWED BY TOWN Randy Lansing MANAGER:
Page 3 of 68 Regular Meeting Minutes Tuesday, May 4, 2021 The Town Council of the Town of Nashville held a Regular Meeting on Tuesday, May 4, 2021 at 7:00 PM in the Nashville Town Council Chambers, 114 W. Church Street, Nashville, NC.
Members Present: Brenda Brown, Mayor Kate Burns, Mayor Pro Tem Larry Taylor, Council Member Louise Hinton, Council Member Lynne Hobbs, Council Member Absent: None Randy Lansing, Town Manager Samantha Sanchez, Finance Director Sherry Moss, Planning Director Staff Present: Anthony Puckett, Police Chief Chris Joyner, Fire Chief Koy Worrell, PRCR Director J.T. Winstead, Captain
Amanda Clark of The Nashville Graphic was present from the media.
1. CALL TO ORDER BY MAYOR BROWN Mayor Brown called the Regular meeting to order at 7:00 PM. Mayor Brown led the Pledge of Allegiance and Prayer. 2. APPROVAL OF MEETING MINUTES The following sets of minutes are up for approval at tonight's meeting: March 30, 2021 - Strategic Planning Session Minutes
Mayor Pro Tem Burns clarified that a statement by Council Member Hinton was inadvertently attributed to her about the state of the public education system in Nash County, and how it was difficult to attract young families to Town. Mayor Pro Tem Burns noted she would like the statement to be correctly attributed to Council Member Hinton, in addition she wanted it noted in the minutes that this problem is a state-wide problem, and not just a Nash County issue.
Upon there being no other suggested changes, Council Member Hobbs made a MOTION to approve the Strategic Planning Session Minutes for March 30, 2021. Council Member Taylor SECONDED the motion. The MOTION PASSED unanimously (4-0).
April 6, 2021 - Regular Meeting Minutes
Council Member Hinton asked about a $32,000 figure that was listed as being received by the Town for the “Elm Street property” and how that funding could possibly be used to aid in parking enforcement on Washington Street. It was clarified that this should have been attributed to a sale of Town property on S. Boddie Street instead several years ago. Mrs. Hinton also noted that this
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funding had been spent in a previous budget year. Next, she noted there were several places where Drake Street should be noted in place of Boddie Street regarding parking Downtown. There was some confusion about the Nashville Junction project details that were listed related to leasing the property back to the Town for “$1.00 per year.” Mayor Pro Tem Burns felt that this is already clarified, but the parking lot, greenspace, and stage area of the Junction will be leased for $1.00 per year, and the farmers’ market venue leased for $1,200-$1,700. Mrs. Hinton also noted that a dollar figure should be corrected related to lost revenues in the Town’s water and sewer. She noted the corrected figure of $1,066,000 and it was attributed to the closure of CIFI. She also asked for a corrected dollar figure to be noted in the minutes related to the Town’s Unrestricted Net Position of the Fund Balance, which should be correctly noted as $1,682,000.30.
Mayor Pro Tem Burns noted she would like to see an addition to her comments related to the Nashville Junction project and the rezoning of Mr. Hurt’s property on the westside of Barnes Street to O&I. She wanted it noted that the Town could not speak to a specific use but only to all of those uses available under the Office and Institutional zoning designation.
There were no other corrections to the minutes.
Upon there being no additional changes, Council Member Hinton made a MOTION to approve the Regular Meeting Minutes for April 6, 2021. Council Member Hobbs SECONDED the motion. The MOTION PASSED unanimously (4-0).
3. PUBLIC COMMENTS Al Hyde of 117 W. Washington Street, Nashville, NC noted that he planned to submit an article to The Nashville Graphic and he wanted to verify his facts before doing so. He said that even though he is not paid by the taxpayers to take minutes, he does take notes and he supposed the Town Clerk was charged to do that. He felt it was a lapse that minutes from April 6th had not already been approved before today’s date. He also asked two (2) questions of Town Manager Lansing related to the Enterprise Fund Balance and the General Fund Balance. He referenced an email he sent to the Town Manager on April 3rd where none of those amounts were known at that time, and Mr. Lansing had replied that Mr. Hyde would have those amounts submitted to him the next morning. Mr. Hyde noted that this did not happen. He noted that he was just told that the Enterprise Fund Balance was less than $100,000 and the General Fund Balance was $4.8 million.
Jo Anne Cooper, business owner at 203 W. Washington Street, Nashville, NC, and resident of 17261 Old White Road, Nashville, NC. She wanted to thank those involved working with the County to resolve the parking situation on Washington Street. She felt that she and the other business owners has seen a difference in the parking situation. She felt that a continued dialogue would be necessary to maintain those positive changes especially on heavy court days. She did express reservation about the possibility of converting Boddie Street to a one-way especially related to semi-trucks making deliveries. She felt that there is no room for traffic to pass by a semi-truck making a delivery if the street is made a one way. She felt there would be severe traffic issues for extended periods. She asked that the Town keep all these things in mind when studying this issue, and find a effective solution that is safe for citizens, and still allows semi-trucks to make their deliveries.
4. REPORTS/SPECIAL PRESENTATIONS
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a FORMAL INTRODUCTION BY DR. LEW HUNNICUTT, PRESIDENT OF NASH COMMUNITY COLLEGE Dr. Lew Hunnicutt, President of Nash Community College, came forward to formally introduce himself as the fifth president of Nash Community College. He recognized Isaac Anderson, Nash CC graduate, for his international recognition for his broadcasting talents. He noted that he took over as President a few months prior to COVID-19. He noted that 55% of his staff were present at work during COVID-19 and he was working diligently with his team to maintain a 0% transmission rate, and work to make as many college courses as possible available online. He also briefly discussed his professional background and how he came to work for Nash CC in November 2019. Dr. Hunnicutt noted that Nash CC serves 12,000 students per year, and the College also offers events at Brown Auditorium. He stated that 1 out of 38 jobs in Nash County was affected by Nash Community College. He discussed the benefits of a community college, trade education, and how students transition to the workforce with less debt at higher starting salaries. He wanted to know what the Town of Nashville needed from Nash Community College and as available to answer any questions.
Council Member Hinton asked how the Nash-Rocky Mount Early High School was doing, and Dr. Hunnicutt noted that the school could have up to 100 students per class. He said this year the school will have 412 students, and he felt this was a promising figure. He stated that about a third of the Community College’s enrollment consists of students from area high schools. He encouraged those looking to pursue 4-year degrees should begin in a community college for a fraction of the cost.
Council Member Taylor noted that he was a Nash Community College graduate and noted he would like to change Dr. Hunnicutt’s Nash County stories should be changed to Nashville stories.
Mayor Brown thanked Dr. Hunnicutt for his presentation.
5. OLD BUSINESS a 2ND PUBLIC HEARING - RECEIVE PUBLIC COMMENT ABOUT CONVERTING SOUTH BODDIE STREET BETWEEN W. WASHINGTON STREET AND W. CHURCH STREET TO A ONE-WAY STREET TO ACCOMMODATE ADDITIONAL STREET PARKING.
The Town consistently receives concerns from business owners in the area about the limited parking availability. As an attempt to provide a solution, the enclosed proposal prepared by the Town Manager recommends converting South Boddie Street between Washington Street and Church Street to a one-way street to accommodate additional street parking. Motorists and potential patrons traveling south in this area would have access to additional on-street parking on South Boddie Street. Per NC General Statutes, a public hearing was scheduled for April 6, 2021 at 7:00 PM in the Town Council Chambers, 112 W. Church Street, Nashville. For additional transparency, the Council voted to table the meeting until additional citizens in the area were notified of the proposed change.
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Additional notice of a 2nd public hearing was published in the April 22nd edition of The Nashville Graphic. Surrounding property owners with mailing addresses listed in the Nash County GIS system also received a letter and corresponding aerial photos. The photos serve as a rough model depiction of the two (2) proposed new layouts of South Boddie Street with the additional on-street parking spots.
Currently, parallel parking is only available on the west side of South Boddie Street. Even without appropriately striped parallel parking spaces, the existing area between Washington and Church Streets can only accommodate 12 vehicles. Two (2) options are up for consideration featuring angled and parallel parking. If the Council were to move forward with the angled parking proposal, the conversion of this section of Boddie Street to a one-way street would provide an additional 21-angled, fully striped, on-street parking spaces. Stocks Engineering has also provided an alternative plan which would create an addition 19-parallel, fully striped, parking spaces for citizens and visitors looking to patronize the businesses in the Downtown/MSD District. This would also require the approval and passage of Ordinance #2021-03.
Christian Collins of 206 S. Boddie Street, Nashville, NC asked how the follow up went with the needed parties to address the parking issues on Washington Street before discussing potential changes to Boddie Street. Mr. Collins said that some new questions may arise from that discussion. Mr. Lansing noted that the Council received some new information in his weekly report about how Nashville Police Chief, Anthony Puckett, had reached out to Judge Sumner about notifying court personnel about not parking directly on Washington Street. Mr. Lansing noted that Judge Sumner had done so, and the changes were being seen on Washington Street. He referred the Council to two items in tonight’s agenda packet which would add additional parking to Boddie Street in either an angled or parallel style. Mr. Lansing also noted that he had put together cost estimates for a part time employee that would be charged with parking enforcement Downtown. He also checked into a technology recommended by Council Member Hobbs that could be installed in each parking spot Downtown that would monitor the amount of time a vehicle was present in that space. Once the time limit is reached, a notification would be sent to the appropriate individual who could then issue a parking ticket. Mr. Lansing noted he was working with the vendor on a cost estimate for this technology. It had also been discussed with Chief Puckett to assign officers to that area during court days to enforce parking even though uniformed officers do walk the area now for a period. Mr. Lansing mentioned that the Town simply did not have the resources at this time to permanently assign someone to this task which is why he investigated hiring a part time officer specifically for this task. Mayor Pro Tem Burns also recalled the idea of placing a video camera in the area and the feed could be viewed in the Police Department.
Mr. Collins continued his objection to the idea of converting Boddie Street to a one-way and he took issue with the fact that tonight’s agenda packet includes a “second” letter which he said was not true since he and some others never received a first letter. He said that the Council needs to think about how this could affect the business owners in the area related to their deliveries. He also felt that the new Recreation Center on Boddie Street was a great addition, but it did create additional traffic. He felt the Town should continue to research other methods to address the parking issue on Washington Street instead of moving forward with converting Boddie Street to a one-way.
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Council Member Taylor stated that he agreed with Mr. Collins comments, and he felt that Town Manager Lansing should have the opportunity to keep moving forward with other alternatives for Washington Street. He felt the letter that was sent by Judge Sumner was making a difference, and he felt that the Town should back off this issue for now. He did not think business owners should be charged with monitoring the deliveries of their semi-trucks as it presents a safety hazard. Mayor Brown asked if there was a motion to be made on the matter.
Council Member Hinton made a MOTION for the Town to maintain Boddie Street as a two- way street. Council Member Taylor SECONDED the motion. The MOTION PASSED unanimously.
6. NEW BUSINESS a Z 2021-02 & Z 2021-03: REQUEST BY PRIME 1 BUILDERS, LLC TO REZONE APPROXIMATELY 2.03 ACRES AT 797 COOKE ROAD, ALONG WITH 1.127 ACRES ON AN ADJACENT VACANT LOT, NASH COUNTY PIN #3800 13 14 3646 AND #3800 09 14 5670, IN THE TOWN OF NASHVILLE, FROM A-1 (AGRICULTURAL) DISTRICT TO I-1 (LIGHT INDUSTRIAL) DISTRICT, PER DIVISION 9 OF THE NASHVILLE ZONING ORDINANCE.
Planning & Development Director, Sherry Moss, noted that a request was received by Prime 1 Builders, LLC to rezone approximately 2.03 acres at 797 Cooke Road, along with 1.127 acres on an adjacent vacant lot, Nash County PIN #3800 13 14 3646 and #3800 09 14 5670, in the Town of Nashville, from A-1 (Agricultural) District to I-1 (Light Industrial) District, per Division 9 of the Nashville Zoning Ordinance. The purpose of the rezoning is to allow contiguous I-1 zoning with the existing surrounding properties for future development for Nashville Industrial Park.
The subject properties consist of a single-family dwelling and an adjacent vacant lot. The subject properties are surrounded by I-1 and A-1 zoning districts. Rezoning the properties from A-1 to I-1 would allow the properties to be better utilized and redeveloped to be in harmony with the existing surrounding land uses and the industrial zoning district in the area.
The Planning Board met April 28th, reviewed the rezoning request, and is recommending the properties be rezoned to I-1. The Planning Board consistency statement is attached.
Council Member Taylor asked if Mr. Ballance would be satisfied with this arrangement. Mr. Lansing noted that Mr. Balance wanted this property rezoned industrial now so that he would not have to rush to rezone the property when he has a prospective business ready to relocate. Mayor Brown asked if there was anyone in the audience that would like to speak about this rezoning. She noted this was the property across from Cooke Road and called for a motion if there were no public comments.
No members of the public came forward to provide comments.
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Council Member Hinton made a MOTION to move forward with the rezoning as requested. Council Member Hobbs SECONDED the motion. The MOTION PASSED unanimously (4- 0). b RESOLUTION OPPOSING SB349 / HB401 OF THE 2021 NORTH CAROLINA LEGISLATIVE SESSION
Mr. Lansing reported that legislation has been introduced in the North Carolina Senate and House that would eliminate single-family zoning statewide and wipe out other aspects of local zoning. According to the North Carolina League of Municipalities, Senate Bill 349 and House Bill 401 called Increase Housing Opportunities represents a radical, one-size-fits-all approach to zoning and land use, in the guise of increasing affordable housing. The bill’s overall effect would be to usurp local control, further eroding the rights of local homeowners and property owners to work through their locally elected officials to determine how development should occur in their communities and neighborhoods. The League is advising municipal officials to contact their state legislators and urge them to oppose this bill that will effectively eliminate local zoning control and destroy local property rights. The following are talking points for talking with our legislators.
While Oregon has adopted similar radical measures, even its state legislature did not go so far as to eliminate single-family zoning and other forms of zoning to the degree that this legislation proposes. From start to finish, SB 349 represents a broad and comprehensive attack on local land-use decision-making and the ability of local property owners to weigh in on what is and is not appropriate development in their neighborhoods and communities. SB 349 would obstruct the ability of locally elected officials to consider all interests when making land-use decisions, including those of existing homeowners and property owners, who stand to lose the most when incompatible uses are allowed adjacent to their property. The legislation would likely slow commercial and mixed-use development due to ill-conceived attacks on conditional use zoning. Many North Carolina cities have led the way when it comes to making investments and policy changes designed to encourage affordable housing options but have done so with community involvement and neighborhood-appropriate measures. This bill is a blunt instrument that does neither.
Council Member Hinton stated she would be interested in knowing who sponsored these bills. Council Member Taylor asked if public input would even be needed if this passed, and the Council said it would effectively take control away from municipalities. Mayor Pro Tem Burns noted an addition be made to the final paragraph where the Council formally requests several items of the General Assembly and Town Manager regarding this matter.
Council Member Hobbs made a MOTION to pass Resolution #2021-10 as presented with the one change submitted by Mayor Pro Tem Burns. Council Member Taylor SECONDED the motion. The MOTION PASSED unanimously (4-0).
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The resolution reads as follows:
RESOLUTION OPPOSING HOUSE BILL 401 AND SENATE BILL 349 OF THE 2021 NORTH CAROLINA LEGISLATIVE SESSION
WHEREAS, recognizing the importance of zoning to the peace, prosperity, and happiness of North Carolina's municipalities, for generations the State of North Carolina has allowed municipalities to regulate local development, which in turn, residents have relied upon in making their most important financial investments, the purchase of their homes; and
WHEREAS, the City of Nashville has responsibly exercised the zoning and land use authority granted to it by the State of North Carolina; and
WHEREAS, the Town of Nashville explicitly considers choice in housing and social and economic diversity as part of its existing zoning and land use authority; and
WHEREAS, the Town of Nashville’s housing choices and zoning plans have been approved with extensive community involvement and neighborhood-appropriate measures; and
WHEREAS, municipalities in the State of North Carolina have their own unique characteristics and challenges so that "one size" does not "fit all," and statewide zoning mandates thus may have unintended negative consequences for the residents of the State; and
WHEREAS, HB401/SB349 is now pending in the North Carolina General Assembly, and would force municipalities to allow duplexes, triplexes, quadplexes, and townhouses into all residential zoning districts, including all low-density zoning districts, for the stated purpose of expanding housing opportunities in cities; and
WHEREAS, HB401/SB349 will most harm those it purports to help, as it exempts residential areas in which private restrictive covenants apply, thus differentiating between subdivisions such as gated communities and the neighborhoods without such protections, in essence protecting the wealthy by exposing middle- and low-income residents to the uncontrolled and incompatible development dictated by state government; and
WHEREAS, HB401/SB349 likewise mandates the allowance of "one accessory dwelling," which can consist of a duplex, on each lot on which there is a single-family residence, circumventing all usual approval processes such as conditional district zoning, and overriding all local parking requirements and utility approval protocols without regard to the impacts of a potential tripling of density; and
WHEREAS, HB401/SB349 prohibits a municipality from even examining a traffic impact analysis which has satisfied the North Carolina Department of Transportation, whether or not the local officials who live and work in the community believe that the traffic generated by the project poses a danger to public safety and whether or not they believe that ratification by the Department is prudent; and
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WHEREAS, although HB401/SB349 has reportedly been endorsed by "affordable housing" proponents to increase supply and decrease costs, in actuality there is nothing in the bill which actually controls costs or ensures affordability; and
WHEREAS, HB401/SB349 is a radical and comprehensive attack on local land-use planning and the ability of local government, the government closest to the people, to hear from and respond to the needs of our citizens in the long-standing planning and zoning forums granted by law.
NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Nashville, North Carolina formally requests the following:
1. That the General Assembly does not adopt either HB401 or SB349;
2. That if passed, the Governor, the Honorable Roy Cooper, veto these measures;
3. That a copy of this resolution be sent to our elected State representatives and the Governor;
4. That the Town Manager take whatever additional steps he deems prudent in opposing this legislation.
PASSED and APPROVED this 4th day of May, 2021.
c KIDS TO PARKS DAY PROCLAMATION
Parks, Recreation, and Cultural Resources Director, Koy Worrell, reported that for the past several years, the Town of Nashville has recognized Kids to Parks Day organized and launched by the National Park Trust, encouraging families to be active and visit local parks on the third Saturday each May. This year’s Kids to Parks Day will be held on May 15, 2021.
Mayor Pro Tem Burns asked if any types of events were planned on that day or if it was just a general day for kids to go out to a park and play. Mr. Worrell noted this would be a social media campaign and that no actual event would be held.
Council Member Hinton asked about parking she had seen at the lot located at Church and Boddie Streets and asked if Mr. Worrell had an agreement with the property owner for Recreation Center participants to park there. Mr. Worrell said that he did not have an agreement, but Mrs. Hinton reiterated that she had seen cars in the parking lot. Mr. Worrell said that to his knowledge, there was no agreement or permission given by the owner for participants of the Recreation Center to park there.
Mr. Worrell also announced that the Town’s next movie night would be this Friday, May 7th and the Town would be showing The Mighty Ducks.
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Mayor Brown read the following resolution into the record:
PROCLAIMING MAY 15, 2021, AS KIDS TO PARKS DAY IN THE TOWN OF NASHVILLE
WHEREAS, May 15, 2021, is the eleventh Kids to Parks Day organized and launched by the National Park Trust held annually on the third Saturday of May; and
WHEREAS, Kids to Parks Day Day empowers kids and encourages families to get outdoors and visit local parks, public lands, and waters; and
WHEREAS, we should encourage children to lead a more active lifestyle to combat issues of childhood obesity, diabetes, hypertension, and hypercholesterolemia; and
WHEREAS, Kids to Parks Day will broaden children's appreciation for nature and outdoors; and
WHEREAS, Kids to Parks Day will recognize the importance of recreating responsibly while enjoying the benefits of the outdoors; and
NOW THEREFORE, we, the Nashville Town Council do hereby proclaim May 15, 2021, as Kids to Parks Day.
Council Member Taylor asked for Mr. Worrell to get back in touch with the owner of the above referenced parking lot to use this for parking after hours. Mayor Brown recalled Mr. Taylor asking this question, and she felt that the owner had said it would be okay. Council Member Hinton wanted to make sure the Town had permission for Recreation Center participants to park there and if there was an agreement out there that she was not aware of. Mr. Worrell noted that to his understanding, the owner did allow vendors to park there during the Blooming Festival, but that was the only circumstance. Council Members Taylor and Hinton asked for Mr. Worrell to double check with the owner and to encourage his class participants to not park in that area unless permission can be obtained.
7. TOWN MANAGER'S REPORT
Town Manager Lansing gave no remarks at this time.
8. COUNCIL COMMENTS
Mayor Pro Tem Burns gave no remarks at this time.
Council Member Hinton wanted to confirm that the Town’s Enterprise Fund was quoted at
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being “less than $100,000.” Finance Director, Samantha Sanchez, confirmed that this was expected, and she wanted to clarify a point made by Al Hyde. She stated that Mr. Hyde noted his email was sent on April 3rd, but she believed he meant the email was sent yesterday, May 3rd. She noted that she had been reviewing all the outstanding purchase order requests and compiling up to date reports to submit to Mr. Hyde that would include all the final Town purchases. She noted this made a 26 hour turn around on his request and not a 1 month and 26 hours turn around.
Council Member Hobbs gave no remarks at this time.
Council Member Taylor gave no remarks at this time.
Mr. Hyde came back to the podium to state that if he said April 3rd instead of May 3rd that it was his mistake. He stated his point that he did not think it would take 24 hours to provide answers to questions. Ms. Sanchez noted she wanted to be sure the numbers she would provide to him included as much current information as possible which is why she did not fulfill his request until compiling the last needed reports.
9. ADJOURN
Mayor Brown ADJOURNED the meeting at 7:55 PM.
Brenda Brown, Mayor
Sarah Tinkham, Town Clerk
Nashville Town Council Meeting May 4, 2021 Page 13 of 68 PUBLIC COMMENT POLICY
The Town of Nashville Town Council is committed to allowing members of the public an opportunity to offer comments and suggestions for the efficient and effective administration of government. In addition to public hearings, a public comment period is set aside for the purpose of receiving such comments and suggestions. All comments and suggestions addressed to the Town Council during the public comment period shall be subject to the following procedures: 1) The public comment period shall be held at the beginning of the Town Council’s Regular and Agenda Meetings. The comment period will be limited to a maximum of thirty (30) minutes. At the discretion of the Council, this time may be extended as circumstances warrant. 2) Persons who wish to address the Council during the public comment period will register on a sign-up sheet located on the Clerk’s desk at the front of the Council Chambers. Speakers will provide contact information and the topic of their comments on the sign-up sheet. Sign-up sheets will be available twenty (20) minutes before the start of the meeting. No one will be allowed to have their name placed on the list by telephone or email request to town staff. 3) If a person arrives after public comment has begun and desires to address the Council, they may do so after those who have signed up have addressed the Council, assuming time is available. 4) Each speaker will have three (3) minutes to make their remarks. Speakers may not yield time to another person. 5) It is recommended that groups or delegations select their spokesperson in advance of the meeting. 6) Speakers will be acknowledged by the Mayor in the order in which their names appear on the sign-up sheet. Speakers will address the Council from the podium at the front of the room and will begin their remarks by stating their name and address. 7) Public comment is not intended to require the Council to answer impromptu questions. Speakers will address all comments to the Council as a whole and not to one individual Councilmember. Discussions between speakers and members of the audience will not be allowed. Discussions between speakers and members of the Council will not be allowed. However, the Council reserves the right to ask questions of the speaker for clarification. 8) Speakers shall be courteous in their language and presentation and must be respectful in their remarks, refraining from personal attacks and the use of profanity. 9) One speaker will be acknowledged at a time. If the time period runs out before those signed up have spoken, those names will be carried over to the next public comment period at the next regularly scheduled meeting. At the discretion of the Council, the public comment time period may be extended as circumstances warrant. 10) Speakers who have prepared written remarks or supporting documents are encouraged to leave a copy of such remarks and documents with the Town Clerk.
Page 14 of 68 11) Speakers from the floor may address agenda or non-agenda items, provided that the item is not already on the agenda for public hearing. Any comments on matters of public hearings shall be made at the public hearing. 12) By law, individual personnel issues are confidential, and neither Town elected officials nor Town employees may discuss such matters in open session. Citizens should not discuss any of the matters which concern the candidacy of any person seeking public office, including the person addressing the Council; matters in current or anticipated litigation; matters which are closed session matters, including but not limited to matters within the attorney-client privilege, personnel, property acquisition, or other matters which are made confidential by law. 13) Information sheets outlining the process for the public’s participation in Council meetings will be available at the Clerk’s desk in the Town Council Chambers. 14) Action, responses, or comments on items raised during the public comment period will be at the discretion of the Council.
Amended this 7th day of May, 2019.
Page 15 of 68 TOWN OF NASHVILLE 499 S. BARNES STREET NASHVILLE, NC 27856 WWW.TOWNOFNASHVILLE.COM (252)459-4511 AGENDA REPORT
MEETING DATE: June 15, 2021 PREPARED BY: Sherry Moss, Planning and Development Director ISSUE CONSIDERED: Decision on granting RBD Investments, Inc. a special use permit, SU 2021-02, for a residential planned unit development (PUD) on 110-acres of the former Birchwood Golf Course along Birchwood Drive in Nashville. SUMMARY OF ISSUE: On May 4, 2021, the Town Council held a public hearing on RBD Investments, Incorporated's request for a special use permit, SU 2021-02, for a residential Planned Unit Development (PUD) on 110-acres of the former Birchwood Golf Couse along Birchwood Drive in Nashville. At this quasi-judicial public hearing, the Council heard testimony and received evidence from the applicant and other experts on how the applicant's planned unit development meets the residential PUD requirements in Sections 18-113, 18-115, and 18-116 of the Nashville Land Use Ordinance. A decision on granting the special use permit was tabled until June 1, 2021 to allow time for the applicant to revise its concept-plan to better label and show the required open space areas. The extra time also allowed the Town Attorney to render a legal opinion on seemingly conflicting lot size requirements in Section 18-113 and 18-115, and for Council Members to consider the testimony and the submitted evidence.
Attached is the applicant's revised concept-plan. Staff will email the Town Attorney's legal opinion on the Land Use Ordinance's conflicting lot size requirements as soon as it is received.
In granting or denying a special use permit, the Council shall make the following findings-of-fact. 1) That the proposed use will not materially endanger the public health or safety. 2) That the use meets all applicable required conditions and specifications - specifically Sections 18-113, 18-115, and 18-116 of the Nashville Land Use Ordinance. 3) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. 4) That the location and character of the use will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Town.
The Council may require additional conditions to ensure that the use will be harmonious with the surrounding area, and in keeping with the spirit and the intent of the Land Use Ordinance.
A decision to deny must state the reasons for the denial. The decision must be based on the testimony and evidence given at the public hearing and the above findings-of-fact. Not all four findings-of-fact need to be met to deny a special use permit request.
Page 16 of 68 On June 1, 2021, the Council voted to table this decision until their next Council meeting on June 15, 2021. There was a desire from Councils members to have additional time to digest new information about the project, as well as to receive further opinions from the Town Attorney and an additional engineer.
MANAGER’S The Town's planning staff is recommending approval of SU 2021-02. Staff RECOMMENDATION: believes the proposed Birchwood Preserve will not endanger public health and safety, that it meets the requirements of Sections 18-113, 18-115, and 18-116 of the Nashville Land Use Ordinance, that it is in harmony with the surrounding residential areas, and that it is in conformity with the Town's Land Use Ordinance.
ATTACHMENTS: Updated Concept Plan & Layout - as of May 27, 2021 Quasi-Judicial Rules Staff Report Special Use Permit Application REVIEWED BY TOWN Randy Lansing MANAGER:
Page 17 of 68
Page 18 of 68 of 18 Page TROON COURT plan has 123 dwelling units proposed within the watershed area. property. Section 18-113; Note 15. B.1. allows developments within the proposed 651,578 SF. dwelling on 7.15 acres or 11% impervious. surfaces within the watershed area. The proposed impervious area is approximately SF lots or 35% impervious. The 19 Townhomes have 1,800 of impervious per watershed area. The 104 Single Family will average 3,500 SF of impervious on 10,000 watershed regulations allowing for a maximum of 134 dwelling units. The current watershed without curb and gutter to have 3 dwellings per acre as stated in the Watershed Area Calculation: At 36% Built Upon, the development is allowed 701,601 SF (16.11 Ac.) of impervious There are approx. 104 Single Family Homes and 19 units of Townhomes within the The ordinance references a maximum of 36% built upon within the watershed area. There is approximately 1,948,892 SF (44.74 Ac.) of watershed area within the
BIRCHWOOD DRIVE
CLUB DRIVE
BIRCHWOOD DRIVE BIRCHWOOD
OPEN SPACE PROPOSED: ±35 Acres
PROPOSED ZONING: R-10 PUD
EXISTING ZONING: R-10
NOTE: ALL OPEN SPACE IS TO OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
HOUSING TYPE
PROPOSED MAX IMPERVIOUS: ±39.6 Acres (36%) UNITS
GOLFERS LANE
CE-01 PLANNED UNIT DEVELOPMENT FOR BIRCHWOOD PRESERVE NASHVILLE, NORTH CAROLINA SU 2021-02 - Quasi-Judicial Rules
The following rules apply to the quasi-judicial public hearing (2021- 02, Special Use Permit, Planned Unit Development- Townhomes/Duplexes/Single-Family Dwellings):
This application for a special use permit requires an evidentiary hearing on the application, which will be heard by Council acting as a quasi- judicial board. The purpose of the hearing is to gather legally acceptable evidence in order to establish sufficient facts to apply the applicable ordinance. The purpose is not to gather public opinion about the desirability of the project. Council should not discuss or receive information about the merits of the case from the parties, or members of the public, before the hearing. All testimony before Council must be “sworn” testimony. All persons wishing to speak on this matter must be sworn in. Applicants may elect to be represented by legal counsel.
The applicant has the burden of producing sufficient substantial, competent, and material evidence for the Council to conclude that the criteria of the applicable ordinance(s) have been met.
Staff will not provide a recommendation on denial or approval of the case until after the evidentiary hearing is closed. All evidence must be presented and considered before a recommendation can be submitted. After the hearing is closed, staff will be prepared to make their recommendation to the Board.
PROCEDURE FOR THE HEARING
The procedure for hearing this case is as follows: Anyone who wants to speak at this quasi-judicial public hearing should sign in with the town clerk and be sworn in to speak. The hearing is open and preliminary matters are addressed. A staff representative presents a preliminary statement. The applicant is called on to present the argument and evidence in support of the application, followed by others who wish to speak in support or opposition of the application. Town Council may pose questions to the applicant and the speakers who spoke in support or opposition of the application. Both sides are permitted to question the other side and present rebuttals. The Mayor closes the period for public discussion. Town Council deliberates. In the course of the deliberation, the members of the council may ask questions of the staff, the applicant or others who have testified, but beyond that, additional comments from the floor will be admitted only at the discretion of the Mayor. Additional cross-examination and rebuttals may be made only on new evidence presented. The hearing is closed and staff may present their recommendation to the Council at this time.
Page 19 of 68 The town council will render a decision.
RULES FOR PUBLIC HEARING SPEAKERS
All speakers should speak from the podium. The applicant should present their argument and evidence to show that the standards of the applicable ordinance(s) have been met as concisely and efficiently as possible. All speakers should address the approval criteria and must avoid inflammatory, irrelevant or repetitious testimony. Groups are encouraged to select a spokesperson to speak about general matters for the group. Speakers may introduce exhibits only to support their testimony at the hearing. Letters from individuals who do not appear at the hearing and petitions are considered unsworn testimony or hearsay, and cannot be considered by council. All speakers should ensure their testimony (i) is relevant to the criteria, (ii) consists of statements and facts about which the speaker can personally testify, and not the statements or words of others who are not testifying and (iii) is not speculative opinions or generalized objections without supporting facts. Only speakers who are qualified as experts in the appropriate field should testify about (i) how the use of property in a particular way would affect the value of other property, (ii) how the increase of vehicular traffic resulting from the proposed development would pose a danger to the public safety, or (iii) other matters that would require expert testimony under the rules of evidence. All speakers should direct their testimony to the criteria that must be met for the particular application. For this special use permit approval the criteria are:
A. Use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. B. Use meets all required conditions and specifications. C. Use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. D. Location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development for the Town.
QUASI-JUDICIAL REQUIREMENTS FOR VOTING
The Town Council should motion on the approval or denial of SU 2021- 02. 1. If approved, the Board need not make findings of fact. 2. If denied the Board must vote on each specific finding and state a reason as to why the finding was denied. Only one finding must be denied to oppose the permit. The findings of fact are as follows:
Page 20 of 68 a. Use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; b. Use meets all required conditions and specifications; c. Use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; d. Location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development for the Town. 3. If approved, any conditions should be stated in the motion to approve. Choices: Zoning denial with specific finding and stated reasoning for such. Zoning approval without conditions (acceptance of project as submitted). Zoning approval with a selection of conditions provided by staff, Board Members and/or applicant. Table for further study.
Page 21 of 68 TOWN OF NASHVILLE PLANNING DEPARTMENT 499 S. Barnes Street / Nashville, NC 27856 / 252.459.4511 www.townofnashvillenc.gov STAFF REPORT Special Use Permit Case: SU 2021-02 Report By: Sherry N. Moss, Planning Director Hearing Date: Town Council – May 11, 2021
ADDRESS OF THE SPECIAL USE PERMIT PROPOSAL: Birchwood Drive
PROPERTY OWNER: APPLICANT: RBD Investments, Inc Same as owner PO Box 8925 Rocky Mount, NC 27804
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST: SU 2021-02: This is a request by RBD Investments, Inc. for a Special Use Permit to allow a residential Planned Unit Development to be developed off Birchwood Drive (the former Birchwood Golf Course), +/- 110 acres, R-10 (Medium-Density Residential) Zoning District, Nash County PIN #3800 09 06 8689, in the Town of Nashville, per Division 4 of the Nashville Zoning Ordinance. The subject property was formerly a golf course, and now proposing to be developed as a residential planned unit development with approximately 367 units, including +/-190 single-family dwellings, +/- 65 townhomes, and +/- 112 duplexes. The first phase of the proposed PUD would be to construct townhomes and duplexes. The proposed Birchwood Preserve Planned Unit development does comply with R-10 zoning and land use requirements. With regards to the existing comprehensive plan, the proposed development will consist of open space, low density residential, and medium density residential. ZONING & LAND USE: North South East West Adjacent/Nearby Zoning Designation R-10 R-10 R-10 R-10 Adjacent/Nearby Land Uses Single-Family Single-Family Single-Family Single-Family Residential Residential Residential Residential
Section 18-113 allows Residential PUD in the R-10 zoning district with a special use permit. The R-10 district is defined as medium-density residential areas of mostly single-family dwellings and certain open areas where similar residential development will likely occur. The uses permitted in this district are designed to stabilize and protect all activities of a residential nature except certain home occupations controlled by specific limitations. The purpose of a residential planned unit development (PUD) is to provide desirable open space, tree cover, recreation areas, scenic vistas, and variety in residential properties by allowing certain lot variations, so long as the overall density of dwelling units is no greater than that permitted by any applicable zoning requirements.
This proposal is inconsistent with the 2011 Future Land Use Map, which shows the property as open space. The Town is in the process of updating its Comprehensive Plan and Future Land Use Map. The upcoming Future Land Use Map will change the open space classification to medium density residential.
Page 22 of 68 Zoning Map Future Land Use Map
R-10 Medium Density Open Space Residential Classification
The Technical Review Committee (TRC) met on 4/12/2021 and reviewed the Birchwood Preserve concept plan. The TRC comments are as follows: TRC COMMENTS – Proposed Birchwood Preserve Concept Plan
Discussed concerns with traffic that the proposed development would create as it is fully developed. Discussed a center left turn lane in the Washington Street/Club Drive intersection, which Bobby Liverman (DOT District Engineer) will require when traffic counts reach a certain level. Discussed a roundabout at the triangle Birchwood Drive and Club Drive intersection, which can safely accommodate the projected 3,600 vehicle trips per day when fully developed. The developer is willing to construct a roundabout at Birchwood and Club Drive. Informed the applicant that the concept plan needs to indicate the following for submittal for a special use permit: o Requirements of a Planned Unit Development (residential), per Section 18-116.16 o Existing road names o Identify the residential land uses (duplex, townhomes, single-family, etc.) o Open space o Number of units o Indicate the width of the reserved buffer area Informed the applicant that a construction plat is required once the concept plan and special use permit is approved by the Town Council, and it will be reviewed by the TRC for compliance with the Town’s subdivision ordinance. STAFF NOTES The application was completed correctly by the owner. Letters of Public Hearing Notification was mailed out to approximately +/-360 property owners in the Birchwood Community on 4/28/2021.
Page 23 of 68 The Public Hearing Notice was published for two consecutive weeks in the Nashville Graphic (on 4/29 & 5/6) prior to the May 11th Town Council meeting. The property was posted with Special Use Permit/Public Hearing signs on 4/29/2021. The subject property is approximately +/-110 acres. The subject property is not located in a flood hazard zone. The south portion of the subject property is located in the NCDEQ Water Supply Watershed; and shall comply with Note 15 in Section 18-113. A cluster development (Planned Unit Development) is allowed in the Watershed overlay district, provided that the following attached conditions of section 18-113; Note 15.c are met. The Planned Unit Development, townhomes, and duplexes shall comply with the attached special use regulations in Sections 18-116.16.18.33 respectively. The proposed single-family lot will not decrease in square footage. The minimum lot size requirement of the R-10 zoning district is 10,000 square feet. As with any special use permit, the Town Council must make the following finding of facts: a. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; b. The use meets all required conditions and specifications for a residential planned unit development; c. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and d. The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Town. The application and its contents meet all the requirements and staff recommends approval: o The subject property is +/-110 acres. The dwelling units per acre for medium density allows 4 dwelling units/acre. The applicant is proposing 3.5 dwelling units/acre with a total of 385 (3.5 x 110) allowable units that can be placed on the subject property. However, out of the 385 dwelling units, the applicant is proposing to construct a total of +/- 367 dwelling units as shown on the concept plan verses the maximum allowance of 440 dwelling units (4 x 110). o PUDs, townhomes, and duplexes are allowed in the R-10 zoning district by special use permit, with single-family dwellings allowed as a matter by right. o The proposed single-family lots will be in harmony with the existing lots within the Birchwood Community, which are also single-family dwellings. o The proposed townhomes and duplexes are also in harmony because they are residential dwellings and they are within the R-10 density limits. o The two entrance points to and from the Birchwood Community are Club Drive and Troon Drive The Council may place additional restrictions or conditions as deemed necessary. Important limitations on imposing conditions: o The ordinance must provide authority and set a process to impose conditions. o The ordinance must include standards the conditions will address. o Substantial evidence in the record must support conditions actually imposed. o Conditions that impose an exaction must be reasonably related and proportionate to the impact of the development. o A condition cannot be imposed just because the Council thinks it would be a good idea or because it is desired by neighbors. o Any condition that is imposed must be purposed to bring the permit into compliance with standards that are included in the ordinance. o All conditions must be based on meeting a relevant standard in the ordinance and the conditions must reasonably relate to that standard.
Page 24 of 68 APPLICATION FOR A SPECIAL USE PERMIT TOWN OF NASHVILLE, NORTH CAROLINA
T Date submitted: i IQ.0 Case #2 T O1 (To be comp eted by Town staff) (To be assigned by Town staff)
1 (we), the undersigned, being the owner(s) of the property, do hereby make application for a Special Use Permit as herein requested.
1. The property where the request is to be located has the following street address (or description if no street address has been assigned): old C The property is identi?ed by the following map, block, and parcel number ¢PlN) UNI.” 3 L I of the Nash County property ownership map (tax records) and contains approximately 7-! [0 acres‘ A map of the property boundaries is attached to this application. Note: If any plans or details are required for the special use request, they must be submitted for this application to be complete. Single - Eamilq ".l>w¢Il.'n3s, 2. This special use permit is requested for the following reason or purpose: TQ, 955849, 8 I e 5 L0. IL la ' clcvzlop Based on Division 4, Section 18-115 & 116 of the Nashville Zoning Ordinance, the speci?c special mzf use category that is being requested is T2>L.o\I\c~AA2_S?g D; 93 3 §r2£$ld¢?i1.al The zoning district of the property where the special use is being requested is E1 0 . um [For residential uses, indicate the number of dwelling units per acre being propose¢?3;$du/acre).]
3. The special use permit fee ($ 2%) is included with this application.
4. The following are all individuals, firms, or corporations owning property within 100 feet of the property where the special use is being requested. (Attach an additional sheet(s) if needed.) Tax Id # (Parcel) Name Mailing Address Ea; 43¢/=x;;:§.;§
I certify that all information furnished in this application is accurate to the best of my knowledge. In addition, 1 give the Town permission to visit the property where this special use is being requested, prior to action by the Town Council.
Propergg Ownerlsl Owners representative (if applicable: Printed Name(s): BO Signatures): ‘ 5.. QMo Mailing Address(s): '?o M 8% A-4.¢~.n-(I ,,( L 2'7 Sogf Phone number(s): 2 -7'7 ’[;Q &
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