Public Hearings Scheduled for December 2nd City Council Meeting - Notices

The following notices have been published in the Times-News. 

Public Hearing Scheduled for Closure of Street: 

RESOLUTION OF INTENT TO CLOSE AN UNOPENED,

UNIMPROVED PORTION OF BEECH STREET (AKA RICHLIEU AVENUE)

WHEREAS, NC General Statute (G.S.) 160A-299 authorizes the City Council to close public streets and alleys; and

WHEREAS, Marie H. Flowers and Willie Lee Brown Jr. have petitioned the City of Hendersonville City Council to close an unopened and unimproved portion of the street known as Beech Street (AKA Richlieu Avenue), located between PIN 9578-09-0813 and PIN 9568-99-9737; and

WHEREAS, NC General Statute 160A-299 requires that City Council conduct a public hearing for the purpose of giving consideration to the petition; and

WHEREAS, At the public hearing, any person may be heard on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual; and

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that:

  1. City Council herewith calls a public hearing to be held at 5:45 p.m. (or as soon thereafter as it may be heard) on the 2nd day of December 2021, in the Assembly Room of the City Operations Center to consider closing an unopened and unimproved portion of the street known as Beech Street (AKA Richlieu Avenue), located between PIN 9578-09-0813 and PIN 9568-99-9737.  Persons shall be allowed to attend and comment in person or via Zoom at the following address:

https://zoom.us/join   

Dial-in by phone: (646) 558-8656
Meeting ID: 957 4684 6396
Passcode: 28792

Digital public hearing comments may be submitted prior to the public hearing on the City’s webpage at www.hendersonvillenc.gov/public-comment or directly to the City Clerk, Angela Reece, areece@hvlnc.gov, 160 6th Avenue East, Hendersonville, NC  28792.

  1. The legal description for the portion of Beech Street (AKA Richlieu Avenue) proposed for closing is as follows:

Beginning at a 1 inch diameter open top iron pipe found recessed 0.6 feet below grade at the intersection of the Eastern margin of the right-of-way of Jonas Street with the Northern margin of an unopened section of Beech Street, said pipe being the most Westerly corner of the property of Willie Lee Brown Jr. (see Estate File 2020/1082), as described in Deed Book 481, page 85 of the Henderson County Register of Deeds, said pipe also being located at North Carolina State Plane Grid coordinates of Northing: 589907.42 US Survey feet and Easting: 970023.36 US Survey feet, said pipe being further located South 45°42'55" West a distance of 93.77 feet from a ½ inch diameter open top iron pipe found recessed 0.2 feet below grade in the Eastern margin of Jonas Street; thence from the Beginning thus established South 46°53'25" West a distance of 40.34 feet to a #4 rebar found recessed 0.8 feet below grade at the intersection of said margin of Jonas Street and the Southern margin of the unopened section of Beech Street, said rebar being the most Northerly corner of the property of Marie H. Flowers as described in Deed Book 1215, pages 129 & 131 of said Register; thence with Flowers’ line and the margin of the unopened section of Beech Street South 44°17'05" East a distance of 86.30 feet to a point, the intersection of said street margin with the controlled access right-of-way of Martin Luther King Jr. Boulevard (US-64), said point lying North 53°56'06" East a distance of 4.74 feet from a concrete right-of-way monument found projecting 0.5 feet above grade; Thence, 3 calls with the controlled access right-of-way of US-64: (1) North 53°56'06" East a distance of 20.37 feet to a point at the intersection of the centerline of the unopened section of Beech Street ; (2) North 53°56'06" East a distance of 15.02 feet to a concrete right-of-way monument found projecting 0.5 feet above grade; (3) North 52°36'49" East a distance of 5.34 feet to a point in the Northern margin of the unopened section of Beech Street and the Southernmost corner of the aforementioned property of Willie Lee Brown Jr., said point also lying South 52°36'49" West a distance of 95.71 feet from another concrete right-of-way monument found in the margin of US-64; thence with the Northern margin of the unopened section of Beech Street and the line of Willie Lee Brown Jr. North 44°17'05" West a distance of 91.18 feet to the Beginning, containing 3582 square feet.

Subject to an easement, twenty feet in width for drainage and other utilities, reserved by the City of Hendersonville within the closed street as provided for in NCGS 160A-299, further described as follows: Beginning at a point, the intersection of the centerline of the unopened portion of Beech Street with the Eastern margin of Jonas Street, said point lying South 46°53'25" West a distance of 20.17 feet from the Point of Beginning of the previously described street closure area; thence with the Eastern margin of Jonas street, South 46°53'25" West a distance of 20.17 feet to a #4 rebar found recessed 0.8 feet below grade, a corner of said closure area; thence with the margin of said closure area, South 44°17'05" East a distance of 2.82 feet to a point; thence through said closure area 2 calls: (1) South 61°07'27" East a distance of 17.83 feet; (2) South 44°16'49" East a distance of 67.16 feet to a point in the margin of said closure area in the controlled access right-of-way of US-64; thence, with the line of the closure area and the with the margin of US-64, North 53°56'06" East a distance of 20.21 feet to a point, said point lying South 53°56'06" West a distance of 9.97 feet from a concrete right-of-way monument found; thence through said closure area 2 calls: (1) North 44°16'49" West a distance of 73.01 feet; (2) North 61°07'27" West a distance of 17.26 feet to the Beginning, containing 1781 square feet.

The above-described portion of Beech Street (AKA Richlieu Avenue) to be closed will also be shown on a plat to be recorded in the Henderson County Registry if approved by City Council.

  1. The City Clerk is hereby directed to publish this Resolution of Intent once a week for four successive weeks.
  2. The City Clerk is further directed to transmit by registered or certified mail to each owner of property abutting upon that portion of said street a copy of the Resolution of Intent.
  1. The City Clerk is further directed to cause adequate notices of the Resolution of Intent and the scheduled public hearing to be prominently posted in at least two along the portion of Beech Street (AKA Richlieu Avenue) proposed for closure as required by G.S. 160A-299.
  1. The City Council herewith declares its intent to close the street as described above.

_____________

PUBLIC HEARING NOTICE
Notice is hereby given that the City of Hendersonville City Council will hold four public
hearings on Thursday, December 2, 2021, at 5:45 p.m., or as soon thereafter as possible in the
City Operations Assembly Room located at 305 Williams Street, Hendersonville NC to consider
the following:
I. Zoning Map Amendment– Shepherd Street – vacant lot (P21-59-RZO) -
Application for a standard rezoning from the City of Hendersonville. The applicant is
requesting to rezone the subject property, PIN 9578-51-3579 and located on Shepherd
Street, from R-15, Medium Density Residential to C-4, Neighborhood Commercial
District. This property is a vacant lot and is approximately 2.1 acres.


II. Conditional Zoning District – Landings of Flat Rock (P21-50-CZD) - Application
for a conditional zoning district amendment from Carolina Commercial Contractors,
LLC. The applicant is requesting to amend the conditional zoning district on the
subject property, PIN 9588-12-4337 and located on S. Allen Road. The subject
property was rezoned from Henderson County I, Industrial and OI, Office
Institutional District to PRD CZD, Planned Residential Development Conditional
Zoning District by City Council in December of 2020 for the construction of a onestory,
58 bed, 32,000 sq. ft. assisted living facility and a three-story, 95 bed, 85,000
sq. ft. independent living facility. The proposed amendment is to allow the subject
property to be subdivided into two parcels.


III. Zoning Map Amendment– 0 South Allen Road (P21-60-RZO) - Application for a
zoning map amendment from Robert O. Camenzind, ETAL. The applicant is
requesting initial zoning from the City of Hendersonville for C-3, Highway Business
District for the subject property, PIN 9588-22-1126 and located on S. Allen Road.
The property was recently annexed into the City Limits. It was previously zoned
under Henderson County as OI, Office Institutional. Staff is proposing the property to
be zoned CHMU, Commercial Highway Mixed Use. Planning Board is
recommending that the property be zoned CHMU, Commercial Highway Mixed Use.


IV. Zoning Text Amendment - Private Clubs (P21-58-ZTA) – Application from Sam
Souhail of Casablanca Cigar Bar located at 411 N. Main Street for an amendment to
Article XVI Supplementary Standards for Certain Uses, Article 16-4-20(a) Private
Clubs: to remove the separation requirements regarding Private Clubs.
Digital/written public hearing comments will be accepted until twenty-four hours prior to the
scheduled public hearing. Public hearing comments will be accepted during the meeting from
those attending in person and also from those participating live via ZOOM at the designated time
at this meeting. For security reasons screen sharing will not be allowed. Anyone wishing to
submit written/digital public comment for this public hearing prior to the meeting may

visit https://www.hendersonvillenc.gov/comment to submit their comment. It is not necessary to
submit digital comments if you are planning to address City Council during the meeting.
Digital/written public hearing comments must be received twenty-four hours prior to the meeting
(by 5:45 p.m. on Wednesday December 1st ) to be considered by the City Council and must
comply with security criteria in the Council’s Public Comment Policy, available on the City’s
website by visiting https://www.hendersonvillenc.gov/public-comment.
The meeting instructions to join by Zoom will be available on the City’s website by
visiting https://www.hendersonvillenc.gov/events-calendar and as follows:
Zoom information for the meeting is:
https://zoom.us/j/95746846396?pwd=YmlXdXdHcjRFVlM2VElqcEVwT1ZLZz09#success
Dial-in by phone: (646) 558-8656
Meeting ID: 957 4684 6396
Passcode: 28792
Contact information for the City Clerk, Angela Reece, is: 160 6th Avenue East, Hendersonville,
NC 28792; areece@hvlnc.gov; (828) 697-3000.
The City of Hendersonville is committed to providing accessible facilities, programs, and
services for all people in compliance with the Americans with Disabilities Act (ADA). Should
you need assistance or a particular accommodation for this meeting please contact the City
Clerk, Angela Reece at 697-3000 no later than 24 hours in advance of the meeting.
Run two times: Sunday, November 21, 2021
Sunday, November 28, 2021