Cleveland City Council

p. 346 REGULAR SESSION MARCH 27, 2017 3:00 P.M. MINUTE BOOK 28 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, MARCH 27, 2017 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Tom Rowland. Also present were Vice Mayor Avery Johnson, Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager/Operations Melinda Carroll; City Attorney John Kimball; Sue Zius, Assistant to the Mayor/Legislative Liaison; Christy Bryant, Support Services Manager, Beverley Lindsey, Executive Secretary II; Fire Chief Ron Harrison; Jonathan Jobe, Director of Development and Engineering Services; Tommy Myers, Director of Public Works; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Brian Moran; Social Media Coordinator; Marshall Stinnett and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Doug Berry and Gary Farlow with the Chamber of Commerce; City Reporter Randall Higgins; Scott Rymer; Sharon Marr with Mainstreet Cleveland; Preston Goforth; Charlotte Peak; Jeanie Lipke; Judy and Kenneth Gaston; John Corum; Jeff Cocks; Miley Rutledge; Stacia Crye Shahan; Jason Tickel; Louann Wright; Tom Gibson; Rebekah Chaffin; David Chaffin; Mickey Gaston; School Board Members Dawn Robinson and Charlie Cogdill; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on February 27, 2017 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland stated today we are swearing-in two new Police Officers to the Cleveland Police Department. He stated officers sometimes can be the first line of greeting someone in our community and you never get a second chance at a first impression. He reminded each officer that he, as well as the City Council and department managers support the police officers and wished them well and safety. Mayor Rowland then administered the Oath of Office to Police Officers Jesse Jones and Dax McGowan and welcomed them to the Cleveland Police Department. Chief Gibson introduced each officer and gave a brief background of their qualifications and welcomed them to the department. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone approximately 74.3 acres located at Paul Huff Parkway and North Lee Highway from CH Commercial Highway Zoning District to Planned Unit Development PUD Zoning District (Tax Map 34 Parcel 64.03). Mayor Rowland asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition to the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone approximately 0.98 acres from R1 Single Family Residential Zoning District to R2 Low Density Single & Multi-Family Residential Zoning District located on Stephens Rd NE (Tax Map 42K Group K Parcel 18.00 & 21.00). Mayor Rowland asked if anyone would like to speak in favor of the rezoning. Charlotte Peak stated she purchased the two lots last year, which was zoned R1. In the County you can build a duplex on R1 so she didn’t think anything of it when she bought them and she was not aware of the p. 347 REGULAR SESSION MARCH 27, 2017 PAGE -2- MINUTE BOOK 28 previous zoning requests. The Planning Department was not opposed to the rezoning of the lots, even the two previous time this occurred. In 1992, the subdivision was submitted and approved by the City and to be zoned R1, which at the time you could build duplexes or triplexes. One end of the road has multi-family and the other end has single family and multi-use in between. In her opinion it was zoned incorrectly. In 2015, the new state law on vested property rights, which is not retroactive but we had to create this law to keep things like this from happening again. Once a subdivision is approved you can’t go back in and change it. The Planning Commission realized there is really no reason why this shouldn’t have been rezoned to begin with. She applied for a permit on August 1 for both lots and received permits to build duplexes. Then a few weeks later she received a stop-work order. She is asking for the lots to be rezoned so she can build, not rental property, but duplex townhouses. She has an agreement with the Clairmont neighborhood, who were concerned about the density of the area and rentals. She understands their concerns and is willing to work with them. Our goal is not to create something ugly to bring the property value down. She has a reputation to uphold in the community. These are to be duplex townhouses and will be sold, as stated in the agreement with the residents. She then thanked the City Council for their consideration. Jeff Cocks stated they have been opposed to the two previous attempts to rezone the property. There was some confusion as to what takes precedence in zoning as far as subdivision zoning or city planning zoning and it was a pretty close vote at the Planning Commission but since that time he has communicated with Charlotte numerous times and with the residents of Clairmont. He appreciates her listening and agreeing to some of their terms. Their civil agreement states she will build single duplex townhomes, with a total value to exceed $300,000. Townhomes have strict construction regulations and as previously stated she will not rent them but they will be sold as individual homes. This is compatible with that section of Stephens Road and after looking at Charlotte’s previous construction, it is high quality and feel it will be a match along Stephens Road. Clairmont, for the most part, is 100% in agreement with supporting the rezoning for the intent for townhouses to be built on the two lots and it will fit with the longterm goal of resident style housing on Stephens Road. He’s been asked about the difference in this request from others and previous attempts were for rentals. These will be sold and feels a better quality and less density. He then thanked the Mayor and Council for listening to his concerns over the years. Again, he is in support of building duplex townhomes on these lots. Mayor Rowland stated 22 names have been submitted in support of the agreement. Ms. Peak then stated contrary to what some of the Council has been told she did speak with previous land owners of the lots and they seek no retribution again the City Council. Mayor Rowland asked if anyone would like to speak in opposition to the rezoning. Tom Gibson of 3800 Stephens Road stated he didn’t see any changes from four years ago, except they took down all the trees and put a big sign up about mobile home for rent. He feels it should stay single family residential. Mayor Rowland declared the public hearing to be closed. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda. • Final Passage - Ordinance No: 2017-06 – heretofore passed on first reading February 27, 2017 and found in Minute Book 28, Page 337; amending Title 2 of the Municipal Code to add a new chapter to create the Senior Citizen Advisory Committee. • Final Passage - Ordinance No: 2017-07 – heretofore passed on first reading February 27, 2017 and found in Minute Book 28, Page 338; amending Title 7, Chapter 2, Section 7-201 through 7-211 of the Municipal Code relating to Fire Codes. • Resolution No: 2017-10 - Authorizing the Mayor to sign a grant application for the High Visibility Enforcement Grant ($5,000; to purchase in-car camera systems). p. 348 REGULAR SESSION MARCH 27, 2017 PAGE -3- MINUTE BOOK 28 RESOLUTION NO: 2017-10 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR A GRANT THROUGH THE GOVERNOR’S HIGHWAY SAFETY PROGRAM WHEREAS, the Cleveland Police Department would like to apply for the Governor's Highway Safety - High Visibility Enforcement Grant; and WHEREAS, the grant is for one year beginning October 1, 2017, and based upon the grant’s program requirements, the City, if approved, would be eligible for up to a maximum of $5,000 of grant funding which would be used by the Cleveland Police Department to purchase in-car camera systems; and WHEREAS, the City Council desires to apply for this grant, and to authorize the Mayor to sign all documents that may be necessary or appropriate in connection with the grant application. NOW, THEREFORE, BE IT RESOLVED that the City of Cleveland is hereby authorized to apply for funding through this grant program, and the Mayor is hereby authorized to sign all documents that may be necessary or appropriate for the completion of the grant application. Approved this 27th day of March, 2017. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by Councilman May; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman McKenzie asked if bids had been received for Fire Station 6. Mr. Fivas replied he had a discussion this morning with Chief Harrison and Ms. Carroll. We are going forward with putting the notification out this week, with the full understanding that at the Budget Retreat there could possibly be further discussion. Mayor Rowland stated his opinion was even thought we wouldn’t be able to staff it immediately we would have a building there that would send a strong message to potential tenants in the area and to those who are there now. Councilman Cassada asked for an update on the new elementary school. Dr. Dyer stated the project is on pace and moving along as it should. Currently they are finishing the drawing and the School Board should be updated next week. Mayor Rowland then asked if he spoken with Dr. Cash concerning the American Uniform building. Dr. Dyer stated yes he had. Councilman May inquired about the stated of a 4-way stop on Blueberry Hill Road. Mr. Jobe stated an all-way stop was not warranted but they did recommend reducing the speed limit to 25, improving the signage in the area and encourage more speed enforcement. Councilman May then moved to try the three recommendations on Blueberry Hill Road. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Councilman Hughes stated previously we discussed enhancing the egress at Mouse Creek and Paul Huff Parkway and asked about the status of a project. Mr. Jobe stated the developer that is interested in the property is in the process of developing their design and when that’s completed we will meet with them for a possible partnership at that intersection. Councilman p. 349 REGULAR SESSION MARCH 27, 2017 PAGE -4- MINUTE BOOK 28 Hughes then stated on the sign at Exit 25, if we add the words Welcome To then it needs to be the same color and texture, so we don’t have two different finishes to take care of yearly. Possibly the brushed aluminum would be a good fit. He would like it to just be Cleveland but he’s just one vote. Councilman Hughes then moved to begin the bidding process to tear down the Moore Building for additional parking spaces. The motion died for a lack of a second. Councilman Hughes restated his motion to follow through with what we approved on May 9, which was to tear the building down for additional parking. Vice Mayor Johnson stated he understands the building is unsafe to even get inside to inspect. Mayor Rowland stated yes. Vice Mayor Johnson stated it is our building however. Councilman Cassada stated we have one more payment to make. Mr. McKay concurred. The motion was then seconded by Vice Mayor Johnson. Councilman Estes stated it was discussed we have to remove the asbestos before doing anything else. Mr. Fivas stated yes, all the asbestos will have to be removed and we’ve already received a quote. Councilman Estes asked if we were moving forward with tearing it down then. Ms. Carroll stated the asbestos has to be removed no matter what you decide to do with the building. Councilman McKenzie asked if there were funds to tear the building down. Ms. Carroll stated no, not at this time. Councilman May stated he understands the estimate for asbestos removal is about $45,000. Mayor Rowland stated the last motion was to tear down the building so no further action is needed. Councilman May stated Mainstreet came before us, wanting us to renovate the building, correct. Sharon Marr with Mainstreet then asked the Council to look at additional options before moving forward. There is an option for 27 spaces behind the Museum, which is far better than 12-13 at this historic building site. If we could focus energy and money to help the Museum to gain additional spaces that will help more people and gives us a chance to put this building back on the market and on the tax rolls. It is important to keep these buildings. That is the uniqueness of downtown, the buildings and once they are gone, we can’t replace it. Mayor Rowland asked what could the building be used for. Ms. Marr stated we have more than one person willing to purchase the building and turn it into apartments with retail space on the bottom. The building is sound structurally. It is in need of a roof. There is space for additional parking right off Edwards Street, right behind the emergency monument. She felt making a parking lot there would be a minimal cost compared to taking down the building. Also that additional parking is in the master plan. Councilman May stated it would be parking the café could use. Ms. Marr replied absolutely. We have a lot of parking that is just not being utilized and the City could partner with the Museum to help construct this parking lot. Councilman May asked if we could move forward and look into partnering with Bradley County Emergency Services and the Museum for additional parking. Ms. Marr stated she would begin working on it. Councilman Hughes and Vice Mayor Johnson withdrew their motion. Councilman May asked about the dry cleaners on Inman and possible use of their parking. Mayor Rowland stated if the family offers it for sale the City has first right of refusal. Councilman Banks asked Charlotte Peak about the two prior owners of the property and if there is a written agreement or release about them not suing the City. Ms. Peak stated she only received a verbal agreement. She stated presented a new plan with lower density for duplex townhomes with no rentals for this zoning request. Councilman Banks then asked if all residents in Clairmont was aware of today’s meeting. Mr. Cocks stated yes. Councilman Banks stated these are not to be used for rental purposes but if you sell to a third party this would not be binding. Ms. Peak stated correct, but she can put something in the restrictions. Judy Gaston, who lives at 3860 Stephens Road which is directly across from lot 4 stated her concerns is what the homes will look like. Ms. Peak stated it will be brick and rock, one level with garages in the front. She then gave Ms. Gaston a photo. Councilman McKenzie asked about the other side of Stephens Road. Mr. Jobe stated it is already zoned R2. Mayor Rowland asked Ms. Gaston if she was okay with the picture. Ms. Gaston stated it looks alright. Her concern is a mixed use with apartments and making the area unsafe. Councilman Hughes asked Ms. Peak the cost of her townhomes. Ms. Peak stated the estimated cost to build is $160,000 each side and she could sell for $340,000. Councilman Hughes asked Ms. Gaston if that changed her opinion. Ms. Gaston stated it does. Councilman Hughes stated she is going to sell these and the purchaser would not p. 350 REGULAR SESSION MARCH 27, 2017 PAGE -5- MINUTE BOOK 28 be able to rent them, does that statement help. Ms. Gasteon stated yes that is a big concern. Councilman Banks asked Mr. Gibson if he agreed with that statement. Mr. Gibson stated yes. Councilman Estes asked Mr. Kimball to speak to the agreement. Mr.Kimball stated it is a private agreement and if Ms. Peak puts a restriction in the deed, the City cannot change a private deed. That would be up to Ms. Peak. He continued this has come before you twice, with different owners and denied. Now the entire neighborhood is for the rezoning. Before they were going to be rented and now they will be sold. Ms. Gaston stated that was acceptable. Councilman Banks clarified with Ms. Peak she is going to include a restriction to run with the land that you or any future owner of the property would have to be there as owner occupied. Ms. Peak stated yes. Councilman Banks then asked about the timeline on LIC North. Mr. Jobe stated we are still under condemnation with one property owner. TDOT is trying to relocate the owners and if that doesn’t happen they will set a court date and then the owners will have 90 days from the court date to vacate the property. He feels we are at least 120 days from bidding the project. Councilman Banks asked if the process could be expedited. Mr. Jobe replied the 90 days is federal law but we could possibly speed up the relocation time and get a court date set. Mayor Rowland stated we don’t need to hold up the interchange. Mr. Jobe then stated it takes TDOT 21 days to bid a project and then it could be 30-40 days for a contract and notice to proceed. Councilman Banks asked about the funds, since we borrowed funds from the south side. Mr. Jobe stated we are good but would like to get started soon since costs will continue to go up. Councilman Banks then asked about the shoulders on the south side which have never been put in, whose responsibility is it. Mr. Jobe stated he thought the shoulders were in. They aren’t paved and will be gravel. It was designed for when the industrial park has a tenant that, if needed, that would become a third lane and it would get paved. It was never designed to pave the shoulders originally. Charlotte Peak stated Todd Duggan was on the phone and verbally agreed on speaker phone to the City Council to waive rights to sue the City of the property was rezoned R2. Vice Mayor Johnson stated he received a call about Woodcrest Drive, the property with the fence easement. The neighbor is complaining the owner is parking work vehicles on the City’s property. Mr. Kimball stated the easement you gave them has a clause that states he cannot adversely possess the property by using the easement and you have a right to take the easement away. He is not adversely possessing the property by leaving the fence there. Vice Mayor Johnson asked if staff would look at the property. Councilman Hughes stated that is a continuation of a barb between two neighbors and he doesn’t think they will ever be completely satisfied. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO: 2017-08 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 SO AS TO ESTABLISH A PLANNED UNIT DEVELOPMENT (PUD) TO BE KNOWN AS “PUD 13” ON PROPERTY DESCRIBED AS TAX MAP 34 PARCEL 64.03, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 13; MAKING VIOLATIONS OF THE ORDINANCE UNLAWFUL AND PROVIDING FOR PENALTIES; ESTABLISHING LISTS OF PERMITTED USES AND PROHIBITED USES; ESTABLISHING DEVELOPMENT STANDARDS AND PROCESSES AND RELATED REQUIREMENTS; STATING RESPONSIBILITY FOR COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS; PROVIDING FOR ERRORS AND OMISSIONS; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE p. 351 REGULAR SESSION MARCH 27, 2017 PAGE -6- MINUTE BOOK 28 WHEREAS the City of Cleveland, Tennessee, hereinafter “City”, desires orderly land development in furtherance of the public welfare and has adopted the Planned Unit Development, hereinafter “PUD”, process as an alternative development standard whereby to accomplish such development; and whereas it is intended that the developers of the property or any subsequent owners, shall hereinafter be referred to as “Developers” and; and whereas the City desires to establish a unique zoning district with special use restrictions and development standards for the property described herein through the adoption of this PUD, NOW THEREFORE BE IT ORDAINED: Section 1. ZONING PLAN AND MAP AMENDMENT. The zoning plan and map are hereby amended so as to zone the property described in Section 2 herein as “PUD 13” subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 13 zoning district are those uses outlined in this ordinance. The location of existing facilities and the next phase of proposed redevelopment within the PUD 13 Bradley Square development will comport with the descriptions of the constituent parts of the development which are conceptually described within Exhibit A. There are no conditional uses within the PUD 13 district. The development standards for the PUD13 district are those outlined in this ordinance, including requirements for plan approval, and compliance with applicable permitting requirements. Section 2. VIOLATIONS UNLAWFUL AND SUBJECT TO PENALTIES. Any development or use of the property described herein in manner contrary to the terms of this ordinance is a zoning violation and is unlawful, subject to the penalties prescribed by the Cleveland Municipal Code and the laws of Tennessee. Section 3. PROPERTY DESCRIPTION. 3. OVERALL 3.A PROPERTY DESCRIPTION. PUD 13, Bradley Square, includes property generally identified as Tax Map 34 Parcel 64.03. The subject property contains 74.28 acres, more or less, and is generally located between Paul Huff Parkway and North Lee Highway. The property is more particularly described in deed book 2007 page 995 as recorded in the Bradley County Register of Deeds. Property is further illustrated in Exhibits A and B. 3.B EXISTING CONDITIONS AND PURPOSE. PUD13 is intended to facilitate the redevelopment of a portion of the existing Bradley Square Mall facility. The portion of the building which housed the former K-Mart facilities and approximately an additional 80’ of the existing mall building will be demolished. This area will primarily be redeveloped into a parking area while the existing parking area directly to the west of the former K-Mart facility will be redeveloped into a new retail complex. This entire area will be located on a separate 15.17-acre parcel. Section 4. PERMITTED USES. 4.A PERMITTED USES. The following uses are permitted with exceptions as noted: Except as otherwise provided, commercial and residential uses allowed by right within the CH Commercial Highway Zoning District are permitted within PUD13. p. 352 REGULAR SESSION MARCH 27, 2017 PAGE -7- MINUTE BOOK 28 For any future phases which may include residential uses, accessory structures and amenities ordinarily and customarily associated with residential developments including garages, carports, storage sheds, recreational amenities (swimming pools, shuffleboard courts, basketball courts, and similar facilities intended for the enjoyment of residents and their guests), walking trails or sidewalks, landscape and garden areas, community buildings or club houses, driveway and parking facilities, mail boxes, community message boards, entry signs and other types of signage ordinarily permitted in the R2 zoning district, streets, utilities, and drainage structures are permitted. Home occupations may be permitted subject to the requirements of the zoning ordinance regarding home occupations; however, nothing herein is to prohibit the Developer from further restricting the type and character of home occupations allowed. Uses other than those described above are not permitted in the PUD13 zoning district. 4.B PROHIBITED USES. No use shall be permitted in Bradley Square which is inconsistent with the operation of a first-class development. Without limiting the generality of the foregoing, the following uses shall not be permitted: a. Any “second hand’ store, “surplus” store, or pawn shop. b. Any mobile home park, trailer court, labor camp, junkyard, or stockyard; provided, however, this prohibition shall not be applicable to the temporary use of construction trailers during periods of construction, reconstruction or maintenance. c. Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building. d. Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation. e. Any automobile or truck body shop repair operation. f. Any veterinary hospital or animal raising or boarding facility with outdoor facilities; provided, however, this prohibition shall not be applicable to pet shops. g. Any establishment selling or exhibiting “obscene” material as determined by final decree of a Court of competent jurisdiction or any establishment classified as a sex outlet by City ordinance. h. Any establishment selling or exhibiting illegal drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially clothed dancers or wait staff. i. Any gambling facility or operation, including but not limited to: off-tract or sports betting parlor; table games such as blackjack or poker; slot machines, video poker/blackjack/keno machines or similar devices; or bingo hall. Notwithstanding the foregoing, this prohibition shall not be applicable to government sponsored gambling activities or charitable gambling activities, so long as such activities are incidental to the business operation being conducted by the Occupant. j. Except home occupations described in the City of Cleveland’s zoning regulations where these are not otherwise prohibited by private restrictions. Section 5. PLATTING AND DEVELOPMENT PLAN. A Conceptual Development Plan (“CDP”) prepared by Hodges Architecture is shown as Exhibits A, C and D and the PUD will be developed in accordance with that plan. PUD13 will utilize the existing infrastructure where feasible including, but not limited, to existing drainage and storm water facilities as approved by the City Engineer. In addition, existing utilities and internal street networks will be utilized to access internal lots and provide cross access with appropriate recorded easements as necessary. The major lots shown on the CDP will be platted in accordance with City regulations. Future redevelopment of other areas within the PUD boundary which are not shown on the site plan but consistent with this ordinance will be reviewed and approved by the Planning Commission. p. 353 REGULAR SESSION MARCH 27, 2017 PAGE -8- MINUTE BOOK 28 Section 6. FLOOD PREVENTION. The proposed development is not within a 100-year floodplain or regulatory floodway per FIRM Community Panel Number 47011C0136E dated February 2, 2007. Section 7. UTILITIES. Any changes to water, sanitary sewer, and electric utilizes are to be designed and installed as approved by Cleveland Utilities who are to receive all necessary easements for the maintenance of these utilities and these easements are to be indicated on the plat(s). Street lighting will be as approved by Cleveland Utilities in accordance with normal City standards. Any additional or upgraded lighting will be at the cost of the Developer for installation, maintenance, and operation. Other utilities may be provided as planned by the developer and accommodated within utility easements. Section 8. TRANSPORTATION FACILITIES AND RELATED ISSUES. Primary traffic circulation will be addressed by the existing ring road illustrated on Exhibits A & B. The site will maintain access to the public street network through the existing access locations onto North Lee Hwy and Paul Huff Parkway. Future ingress or egress points which are not contemplated by the attached site plans will be reviewed by staff and approved by the Planning Commission consistent with existing City policy. No other street improvements from the Developer are required. The developer and subsequent owners are to keep the “ring road” free from obstruction by parked vehicles or other obstructions at all times such that accessibility for emergency vehicles can be maintained. On-site parking shall be provided for in accordance with the attached site plan. Any future redevelopment within the PUD13 boundary must provide adequate parking through evidence provided by the developer and approved by the City Transportation Engineer. Any future redevelopment of the site which may include residential uses shall provide pedestrian facilities including sidewalks or bicycle lanes as appropriately feasible. Section 9. IMPERVIOUS AREAS, STORMWATER MANAGEMENT, LANDSCAPING & GENERAL APPEARANCE. T 9.A STORMWATER MANAGEMENT The PUD13 development is to be carried out in a manner that allows the City to remain in compliance with federal and state stormwater requirements. All construction within PUD13 will be carried out in a manner that complies with the City's stormwater regulations and approved by the City Engineer. All design or re-design of drainage facilities is to be performed by a Tennessee registered engineer. 9.B IMPERVIOUS AREA. Total impervious area within the PUD13 boundaries shall not to exceed 75% of the total land area. 9.C LANDSCAPING. Landscaping in PUD13 must be continuously maintained in good repair by the developer and subsequent owners. Developer or designee is to provide for a program of regular maintenance for the common areas including mowing, pest/weed control, removal of litter and debris, and regular maintenance and replacement of dead or diseased plants. Landscaping will be in accordance with a City- approved landscape plan consistent with the requirements of City ordinances as to the types and amounts of plant materials, and taking into account the overall project design and the developer’s proposals for tree preservation and replacement. GENERAL APPEARANCE All areas within the boundary of PUD13 shall be developed aesthetically consistent with the renderings shown in exhibit C. All facades shall be developed with high quality materials including brick or stone and no metal buildings shall be allowed. All areas for refuse collection must be constructed of material consistent with the primary structures. p. 354 REGULAR SESSION MARCH 27, 2017 PAGE -9- MINUTE BOOK 28 Section 10. BUILDING SETBACKS. Buildings shall maintain a setback minimum of 50’ from property lines adjoining either Paul Huff Parkway or North Lee Highway right- of-way. Building setbacks on internal lot lines, including lines along internal drives and private roads, may have a zero lot line but must meet all requirements applicable within the adopted building code. In addition, any structure with a setback of less than 15’ must be approved by the City Transportation Engineer to ensure safe and adequate sight distances. Setbacks for property lines adjoining all other external lot lines shall maintain a 20’ setback. Section 11. TREE PRESERVATION. The existing tree growth adjoining residential areas including Sequoia Grove to the north shall be maintained in its current condition and shall not be disturbed or removed. The tree preservation and replacement for the project will be consistent with the requirements of the City’s tree preservation ordinance. Section 12. SIGNAGE. All future ground sounds must be consistent in size and scale with the existing signage as approved by permit number 13-721 recorded in the records of the office of the City of Cleveland Building Inspections Division. Any lighting of the aforementioned sign shall be installed so as to minimize glare and light on the surrounding roadway and other property. This does not preclude the installation of decorative features, such as decorative pillars, with small decorative signs of four square feet or less bearing the name or emblem of the development. This also does not preclude informational kiosks or other small signs less than four square feet inside the development. No sign advertising a business shall be placed inside the development so as to be visible from outside the development but this prohibition is not intended to preclude otherwise lawful real estate signs advertising the properties within the development. Wall signs shall not exceed 30% of the area of the façade they are located on. Section 13. COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS. The Developer, and its assigns or successors in title, is responsible for obtaining all federal, state, and local permits required for the construction of the proposed PUD. The Developer and its assigns or successors in title shall carry out the construction on the project site in compliance with all applicable ordinances of the City of Cleveland, Tennessee, and also in compliance with applicable federal and state laws. Buildings shall be designed and constructed in accordance with adopted building codes and shall not be occupied until final inspections are complete and certificates of occupancy have been issued. Failure to develop, use, or maintain the subject property other than in conformity with all of the requirements of this ordinance is unlawful and shall be deemed a violation of the City's zoning ordinance and a nuisance subject to the penalties described in the zoning ordinance and any increased fine as may be allowed by state law. Section 14. ERRORS, OMISSIONS, AND POSSIBLE FUTURE REVISIONS TO THE PUD. This ordinance may be amended from time to time as necessary after review by the Planning Commission and approval by the City Council subsequent to a public hearing. Revisions to plans and drawings which are consistent with this ordinance and attached exhibits, and that yield improved or substantially similar quality of results affecting the public, can be approved by review of City staff without amending the PUD ordinance or review by the Planning Commission. Future revisions or redevelopment of the site not contemplated within the attached exhibits but consistent with the ordinance may be approved by a simple majority vote of the Planning Commission. Other minor errors and omissions in this ordinance can be corrected or resolved as necessary by the Planning Commission to substantially comply with ordinance. Where not addressed specifically in this ordinance, the property shall comply with the CH Commercial Highway development standards. p. 355 REGULAR SESSION MARCH 27, 2017 PAGE -10- MINUTE BOOK 28 Section 15. BINDING UPON OTHERS. This ordinance is a law and not a contract, and as such it is generally binding upon all development and use of property in the PUD13 zoning district and is binding upon City's regulation of these activities in this location. This ordinance shall be binding upon the Developer and its assigns, lessees, tenants, or successors in title unless amended by a future ordinance. Compliance with this ordinance and Development Order shall be a condition of all deeds, leases, or other instruments that convey a right to own or occupy all or a portion of the subject property. Moreover, it shall be the duty of the Developer to ensure compliance with all terms of this ordinance affecting construction or maintenance. Section 16. CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Where this ordinance is in conflict with existing ordinances with respect to the development of this property the terms of this ordinance shall prevail unless stated otherwise herein. In the event that any portion of this ordinance is determined to be invalid by any court of competent jurisdiction, the remaining portions of this ordinance shall remain in full force and effect. This ordinance shall take effect upon after passage and upon the execution of the development order as described above, the public convenience and necessity requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 356 REGULAR SESSION MARCH 27, 2017 PAGE -11- MINUTE BOOK 28 Exhibit B Exhibit C Exhibit D p. 357 REGULAR SESSION MARCH 27, 2017 PAGE -12- MINUTE BOOK 28 Councilman May moved that Ordinance No: 2017-08 be voted for passed on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ZONING ORDINANCE NO: 2017-09 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R1 Single Residential to R2 Low Density Single & Multi-Family Residential Zoning District. Approximately .98 acres, more or less, located at Stephens Rd as shown on the attached map. For reference, see Book 345 Page 178 in the Register’s Office of Bradley County, Tennessee, and being shown on Tax Map 42K Group K Parcels 18 & 21, in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Councilman Hughes moved that Zoning Ordinance No: 2017-09 be voted for passage on first reading. The motion was seconded by Councilman Cassada. Councilman McKenzie asked if everyone was happy. Ms. Gaston replied if she does what she says. Councilman Banks stated it is on the record what Ms. Peak has said she’d do and anyone that wants a copy of the minutes to see Ms. Carroll after the meeting. Upon roll call the motion unanimously passed. p. 358 REGULAR SESSION MARCH 27, 2017 PAGE -13- MINUTE BOOK 28 The following Ordinance was then presented in full: ORDINANCE NO: 2017-10 AN ORDINANCE AMENDING TITLE 15, CHAPTER 1 OF THE CLEVELAND MUNICIPAL CODE TO ADD A NEW SECTION TO BE NUMBERED 15-142 REGULATING THE USE OF ENGINE COMPRESSION BRAKING DEVICES WHEREAS, City engineering staff have been in contact with representatives of the Tennessee Department of Transportation about the issue of obtaining appropriate signage for Compression Brake Signage on appropriate streets within the City of Cleveland; and WHEREAS, City engineering staff have also obtained information from the Municipal Technical Advisory Service (MTAS) concerning municipal regulation of engine compression braking devices; and WHEREAS, the City Council desires to adopt an ordinance consistent with the sample ordinance provided by MTAS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED, THAT: Section 1: TITLE 15, CHAPTER 1 OF THE CLEVELAND MUNICIPAL CODE IS HEREBY AMENDED TO ADD A NEW SECTION DESIGNATED AS SECTION 15-142: 15-142: ENGINE COMPRESSION BRAKING DEVICES (a) All truck tractor and semi-trailers operating within the City of Cleveland shall conform to the visual exhaust system inspection requirements, 40 C.F.R. 202.22, of the Interstate Motor Carriers Noise Emission Standards. (b) A motor vehicle does not conform to the visual exhaust system inspection requirements referenced in Section (a) if inspection of the exhaust system of the motor carrier vehicle discloses that the system: (i) Has a defect that adversely affects sound reduction, such as exhaust gas leaks or alteration or deterioration of muffler elements. (Small traces of soot on flexible exhaust pipe sections shall not constitute a violation.); or (ii) Is not equipped with either a muffler or other noise dissipative device, such as a turbocharger (supercharger driven by exhaust by gases); or (iii) Is equipped with a cut out, bypass, or similar device, unless such device is designed as an exhaust gas driven cargo unloading system. (c) Violations of this section shall subject the offender to a civil penalty of $50 per offense, plus applicable litigation taxes and court costs. Section 2. This section shall be supplemental to other noise control ordinances and regulations of the City of Cleveland. Section 3. This Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. p. 359 REGULAR SESSION MARCH 27, 2017 PAGE -14- MINUTE BOOK 28 /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Vice Mayor Johnson moved that Ordinance No: 2017-10 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2017-11 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 12, CHAPTER 1, SECTION 12-106 BE AMENDED SO AS TO MODIFY CERTAIN REGULATIONS CONCERNING TENTS WHEREAS a significant weather event occurred in the City of Cleveland on March 21, 2017 involving large hail; and WHEREAS, several residents of the City of Cleveland are believed to have suffered significant hail damage to their automobiles and other property; and WHEREAS, subsequent to March 21, 2017 the City Manager has been contacted by representatives of the automobile insurance industry, specifically State Farm Insurance Company, about setting up a tent where they can perform auto inspections for hail damage and process claims relating to the same; and WHEREAS, according to State Farm, the tents are needed to perform the hail inspections because of the use of ultraviolent light; and WHEREAS, State Farm's representative has advised the City Manager that these tents need to be in place for more than ten (10) days as currently allowed by the Cleveland Municipal Code; and WHEREAS, Section 12-106 (e) of the Cleveland Municipal Code currently limits transient vendor tent permits to ten (10) days, which permits cannot be renewed for the same property until six (6) months have passed; and WHEREAS, the City Council desires to amend the Cleveland Municipal Code to allow for these specific type of tent permits to remain at the same location for a period of time not to exceed 30 days to allow for these type of auto inspections and claim resolutions to occur for the benefit of the citizens of Cleveland; and WHEREAS, in light of the foregoing, the City Council desires to amend Title 12, Chapter 1, Section 12-106 to add a new subsection to be numbered 12-106 (k). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 12, Chapter 1, Section 12-106 of the Cleveland Municipal Code be amended to add a new subsection which will read as follows: 12-106 (k). A tent used by a properly license insurance business solely for the otherwise lawful inspection of motor vehicles with potential hail damage and the resolution of claims relating to the same; and further provided that the size of the tent does not exceed 30% of the size of any permanent structure located on the same property; and further provided that the tent shall not be located within 100 feet of any roadway edge of pavement on any urban interstate, freeway, or expressway, or within 50 feet of the roadway edge of pavement of any other public roadway; and further provided that the use, location, and installation of the tent must comply with all other applicable laws, policies, and procedures for the protection of public health, safety, and welfare, p. 360 REGULAR SESSION MARCH 27, 2017 PAGE -15- MINUTE BOOK 28 including any orders of the building official or fire inspector. Tents installed under this paragraph require a permit and that permit is valid for up to 30 days. Section 2. In the event that any part of this Ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 3. This Ordinance shall take effect immediately upon passage on final reading, the public necessity requiring it. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Ordinance No: 2017-11 be approved on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. A representative with Cleveland Tent Company stated the hail damage guys are asking for up to 90 days. Mr. Kimball stated the only person that contacted the City Manager wanted 30 days. The Ordinance can be amended before first readings to add a sentence that simply states they can be renewed once or twice if you’d like to extend the timeframe. The following surplus equipment request was presented: MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: March 21, 2017 SUBJECT: Surplus Equipment I respectfully request the City Council declare the playground equipment located at the Blythe Old Field which is part of the Parks & Recreation Department, surplus and to be donated to the Boys & Girls Club. The original request was for the satellite location on Lay Street. This location is currently being renovated and is not ready for any playground equipment, therefore, this will be utilized at their location in Dayton. The City is in the process of removing this playground equipment and replacing new with funding from Community Development Block Grant. Councilman Estes moved that the surplus equipment request be approved. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Jeff Cocks asked that the Council and Planning Commission consider making a change to zoning request to extend the timeframe something can be brought back, if denied, to at least three years. It takes a lot of effort to mobilize an opposition and at 3:00 you have a great number of us that are working and it definitely favors the person making the zoning request. Councilman Banks moved that the Planning Commission come up with a proposal consistent with Mr. Cocks’ request. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. There being no future business the meeting was adjourned at 4:25 p.m. _________________________________ ______________________________ Mayor City Clerk