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Committee sends neutral recommendation on Nearwater Place amendment amid access, rental-condition concerns
Summary
The General Committee voted Aug. 12 to forward Resolution 2025-28 with a neutral recommendation; the resolution would remove an owner-occupancy restriction from the Nearwater Place final development plan at 220 Nearwater Place.
The Hendersonville General Committee on Aug. 12 voted to forward Resolution 2025-28 with a neutral recommendation. The resolution requests an amendment to the Nearwater Place final development plan at 220 Nearwater Place (behind the Waffle House) to remove a prior condition that limited units to owner occupancy.
Keith Free, Planning Director, said the Planning Commission recommended approval by a 5-3 vote to remove the rental restriction and that the change now must go to the Board of Mayor and Aldermen (BOMA) for final action because it alters a final development plan. He also said Tennessee Department of Transportation (TDOT) had emailed the developer's representative that the developer may use the Waffle House entrance and exit but should pursue an additional site access in the future; TDOT did not set a deadline for the alternate access.
Developers and some committee members raised concerns about precedent and enforcement. Committee members noted several other planned developments that include owner-occupancy conditions, and staff said enforcement of such a restriction is primarily governed through homeowners association bylaws and can be administratively difficult.
Lance Reyes, City Attorney, cited U.S. Supreme Court precedents on exactions and takings, saying a court would examine whether a condition has an "essential nexus" to a valid government purpose and whether the condition is "roughly proportionate." "There has to be an essential nexus between the condition and a legitimate government purpose, and it has to be roughly proportionate," Reyes said.
A public hearing on the Nearwater Place amendment is scheduled for Aug. 26 at 7:00 p.m., the committee confirmed. The committee moved and passed a motion to forward the resolution to BOMA with a neutral recommendation.
Next steps: The amendment will appear on BOMA's agenda for a final determination; staff and the applicant can provide additional documentation, including TDOT correspondence, for BOMA to review.
