Cleveland City Council

p. 226 REGULAR SESSION MAY 10, 2021 3:00 P.M. MINUTE BOOK 30 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, MAY 10, 2021 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson, Councilmen Tom Cassada, David May, Jr., Dale Hughes, Ken Webb and Councilwoman Marsha McKenzie. Councilman Bill Estes was absent from the meeting. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; Corey Divel, Assistant to the City Manager/Communications Coordinator/Downtown Coordinator/Senior Planner; Beverley Lindsey, Beverley Lindsey, Assistant to the City Manager; Sue Zius, Assistant to the Mayor; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Patti Pettit, Parks and Recreation Director and Tim Siniard 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: Mayor Brooks introduced Jr. Mayor for the Day Piper Merrill, who attends Black Fox Elementary School. Mayor Brooks then asked for a moment of silence for the family of Larry Presswood, who recently passed away. Councilman Cassada moved to excuse Councilman Bill Estes from the meeting. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. 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 April 26, 2021 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Commander Daniel Koob introduced Bradley County Flag Sentry Ella Kidd, who is Second Lieutenant has been the Flag Sentry for three years. She is responsible for lowering the US Flag at half-staff throughout Bradley County. Soon she will be promoted to First Lieutenant and aspires to join the Air Force. Ms. Kidd stated it has been an honor to be the Flag Sentry and serving the community. Mayor Brooks then presented the following Certificate of Recognition to Civil Air Patrol Cadet Second Lieutenant Ella Kidd. In Special recognition and appreciation for her service to the City of Cleveland by volunteering to lower and raise flags on all half-staff days at the City Municipal Building, County Courthouse and Courthouse Annex for 2020/2021. We wish to thank her for her willingness to serve her city and county in this capacity. This is truly an outstanding service for Governmental offices. Michelle Goldson addressed the City Council concerning three items: 1) a possible amendment to the City Code pertaining to landowners with more than five pieces of property in the Second District disposing of bulk debris are required to take debris directly to the landfill. There has been an ongoing issue with residents setting bulk debris at the street after Public Works has been through for the week. Those items then sit for another week. People are also bringing items in from the County to take advantage of the service. When Public Works is called, they will make a special trip, but that is not always available during the weekends. This has been an ongoing issue. 2) When will the public recreation facilities and pools be opened back up to the public? 3) What is the Ordinance pertaining to farm animals inside the city limits? Currently, we have goats, chickens and sheep that get out. Codes Enforcement and Animal Control have been contacted and they are aware of the issues the neighbors are facing. Councilman Hughes asked why she would like to limit landowners with multiple properties. Ms. Goldston stated one p. 227 REGULAR SESSION MAY 10, 2021 PAGE -227- MINUTE BOOK 30 property is not bad, but it has become a problem with certain landlords, that have multiple properties and have an abundance of trash, which will sit for a whole week before it is picked up. The landlords should be responsible for their tenants abiding by the rules. Vice Mayor Johnson stated sometimes it is not the tenant but the property owner who use the site to bring materials for debris pickup. He has seen firsthand it is a problem. Ms. Goldston stated it is unfair to the residents to look at debris for a week before Public Works can pick it up. Vice Mayor Johnson inquired about the farm. Ms. Goldston stated it is located on 2nd Street, where the animals roam the neighborhood, as they know how to open their cages. She understands people are trying to make due but she has to keep her dogs leashed and vaccinated. Councilman Cassada asked Mr. Fivas to address the park issues. Mr. Fivas stated when school gets out the pools will be open. Of course, we are still waiting on Tinsley. We are going all out to find lifeguards. Summer camps will be conducted at College Hill, when school is out and currently all the parks are wide-open. Mayor Brooks stated Mr. Fivas will follow up with Codes Enforcement and Animal Control to get answers. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owners to rezone 1.87 acres, more or less, located on Hiwassee Ave NE (Tax Map 42G Group B Parcels 18.00,19.00 & 20.00 and Tax Map 42G Group C Parcel 9.00 & 11.00 ) from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District. Corey Divel stated he would give a brief summary. We did have a request to rezone a portion of this property a year ago from R1 to R3 and it was denied by the City Council and Planning Commission. Now they have added an additional lot to the north of Hiwassee Avenue and two lots on the south side of Hiwassee Avenue. The current request is from R1 to R2. Our understanding is the only intent is to redevelop the two parcels that were originally considered. They would like to build some townhomes or apartments on the site. Mr. Fivas asked how many units. Mr. Divel stated he believe four but the zoning would allow up to eight based on the size. One of the reasons for denial a year ago was input from the neighbors. The applicant did solicit input from the neighbors and only one person opposed it. We did receive a letter from someone a block further down in opposition. Councilman May stated at one time these lots were deed restricted and asked if it has been lifted. Mr. Divel stated he didn’t recall these were restricted. Mr. Kimball stated there was no discussion about restrictions on these. Mr. Divel added the entire street is R1. Councilman Cassada asked if this sets a pattern for the rest of the neighborhood in the future. Mr. Divel replied it potentially could for this section. This block is currently R1. Councilman Cassada asked if this would be considered spot zoning. Mr. Divel stated potentially, all zonings are unique but this one, you have to articulate your judgement. There are different things about this zoning from the previous request. It was R1 to R3 before now it is R1 to R2. It has additional property owners, so it is larger. Those are all contributing factors and you could at least make an argument that it is. Councilwoman McKenzie clarified that eight units are allowable. Mr. Divel stated yes, there is enough area. Currently, there is an abandoned single-family home on the site, they will demolish and redeveloped . He doesn’t believe the developer is anticipating building eight but doesn’t know that for sure. Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the rezoning. Mr. Divel stated the following email in opposition was received. -----Original Message----- From: Shari Horton <sharihorton@gmail.com> Sent: Tuesday, April 20, 2021 7:28 AM To: Corey Divel <cdivel@clevelandtn.gov> Subject: Rezoning of 205 Hiwassee Avenue NE Mr. Divel, Per our conversation April 16. Please see that the members of the Cleveland Municipal Planning Commission have a copy of this email on or before the regular of the commission meeting, April 20, 2021. Tricia Pennington, Clark Taylor, Alma p. 228 REGULAR SESSION MAY 10, 2021 PAGE -228- MINUTE BOOK 30 Dodson, Maryl Elliott. Larry Presswood, Blake Allison, Benn Berry, Jamie Creekmore, Bill Estes. The requesting of rezoning of the property 205 Hiwassee Avenue, NE by Southeast Land Trust for approximately 1.87 acres from R1 to R2 should never happen. The saturation of traffic on this street (Hiwassee Avenue) is heavy and dangerous, more traffic would only compound the present problem. The traffic of the 150+ apartments and the single family dwellings is an overload plus add the detouring traffic from Stuart Road to North Ocoee Street (detouring traffic is from Stuart Road to avoid the traffic light at Keith Street and Stuart Road) make it dangerous to exit any side street or driveway. The litter caused by this pass through traffic is horrific and is not manageable. Please reconsider this problem and others before this property is allowed to be R2. Small children and senior adults travel, walk and play in this already overloaded area. I have been a resident of 450 Hiwassee Avenue NE since 1977 and have experienced the growth of this area good and bad. I will answer any questions about this request for denial at anytime. I am NOT the only local resident to oppose this, just the only one that is stepping forward. Thank you, Shari Horton 423-476-3766 450 Hiwassee Ave, NE Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owners to rezone 4.11 acres, more or less, located at 184 Durkee Rd NE (Tax Map 58F Group D Parcels 19.00, 20.00, 21.00, 22.00, 23.00) from IL Light Industrial Zoning District to IH Heavy Industrial Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 6-0 with 3 members absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the rezoning. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone 6.02 acres, more or less, located at Benton Pike and Durkee Rd (Tax Map 58 Parcel 78.00) from IH Heavy Industrial Zoning District to MU Mixed Use Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 6-0 with 3 members absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the rezoning. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning an amendment to section 2.12 of the zoning ordinance concerning the development standards within the CBD Central Business District Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 6-0 with 3 members absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the amendment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the amendment. No one spoke. Mayor Brooks then declared the public hearing to be closed. Councilman Hughes inquired about the RA zoning on North Lee Highway at King Den Drive. The house is no longer apart of the farm, but the zoning remains RA. Can the person who lives in the house have to ask or can the community ask for rezoning. Mr. Divel stated someone p. 229 REGULAR SESSION MAY 10, 2021 PAGE -229- MINUTE BOOK 30 with vested rights would have to make the application for rezoning. Councilman Hughes stated the house is zoned RA but the adjoining lots are zoned R1; numerous structures on the lot could devalue the surrounding properties. Mr. Kimball replied there are restrictions but not the number of structures, mainly location on the property but residents can check to see if any subdivision regulations could apply. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Webb; and upon roll call, the consent agenda unanimously passed. Councilman Cassada stated he was in favor of the CDBG Action Plan and pleased to see the future funding for parks in the community. • Resolution 2021-34 - Approval of the 2021-2022 CDBG Annual Action Plan. RESOLUTION 2021-34 RESOLUTION FOR APPROVAL OF THE 2021-2022 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the City of Cleveland, Tennessee will be receiving a CDBG annual allocation of $363,964 for FY 2021-2022; and WHEREAS, public hearings were held on December 14, 2020, February 16, 2021 and April 5, 2021 to hear comments and input from the public. A draft was available on April 7, 2021 which began a thirty-day comment period ending on May 7, 2021. A copy of the Plan was made available at the Development and Engineering Services Office as advertised in the Cleveland Daily Banner on April 7, 2021; WHEREAS, comments made during public hearings regarding the Action Plan were received and reviewed by City staff; NOW, THEREFORE, BE IT RESOLVED, the 2021-2022 Action Plan be approved by the City Council, and be it further resolved that City staff authorized to submit the plan to the United States Department of Housing and Urban Development (HUD), and be it resolved that the Mayor is authorized to sign all grant agreements, contracts and certifications with HUD that are required to carry out the CDBG program described in the Action Plan. Approved this 10th day of May 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-35 – Authorizing the Mayor to sign a sewer easement in connection with the Durkee Road Sewer extension project. RESOLUTION 2021-35 WHEREAS, in connection with the Durkee Road Sewer extension project, Cleveland Utilities needs to obtain the attached sewer easement from the City; and p. 230 REGULAR SESSION MAY 10, 2021 PAGE -230- MINUTE BOOK 30 WHEREAS, the City Council desires to approve of this sewer easement to Cleveland Utilities and to authorize the Mayor to execute the same on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached sewer easement to Cleveland Utilities. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the easement on behalf of the City of Cleveland. This 10th day of May, 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-36 – Authorizing the Mayor to sign the FY2022 TDOT State Highway Maintenance contract. RESOLUTION 2021-36 WHEREAS, the State of Tennessee Department of Transportation has submitted the attached contract for maintenance of State Highways through the City of Cleveland, Tennessee, to the City Council of the City of Cleveland for the purpose of providing for approval of said Contract; and WHEREAS, the City Council of the City of Cleveland desires to approve said Contract. NOW, THEREFORE, BE IT RESOLVED that the Mayor be, and hereby is, authorized to sign the Contract on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] Adopted this 10th day of May, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Report – Street Paving. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: May 10, 2021 RE: Bid Summary – Paving SUMMARY: Sealed bids were received on April 30, 2021, for Major Street Paving. The bids are listed below: • Talley Construction Co., Inc. Rossville, GA $1,337,525.00 p. 231 REGULAR SESSION MAY 10, 2021 PAGE -231- MINUTE BOOK 30 • Wright Brothers Construction Co., Inc. Charleston, TN $1,585,575.00 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Recommendation is to award the contract to Talley Construction Company, Inc. The initial term of this contract will be for a one-year period beginning July 1, 2021 and ending June 30, 2022. • Motion – Approving Change Order #2 with East TN Construction Services, Inc for the Blythe to Blythe Sidewalk Fence project. TO: Mayor and City Council FROM: Brian Beck, City Engineer DATE: May 5, 2021 RE: Blythe to Blythe Sidewalk Project Fence Contract agreement SUMMARY: This item authorizes the Mayor to sign an agreement for East Tennessee Construction Services, Inc to provide all equipment, materials and labor necessary to remove and replace 315 LF of 48” chain-link fence including 8 gates along the Blythe to Blythe Sidewalk project from Chippewa Ave SE to 18th St SE for $5,300.00 COMMITTEE FINDINGS: No Committee or Board action FISCAL ANALYSIS: The cost for the removal and replace of the chain-link fence is funded by a project grant. RECOMMENDATION: City staff recommends approval. • Motion – Issuing a new Certificate of Compliance to I-75 Wine & Spirits, LLC due to change in the ownership interest of members [Tom Robertson and Carey Robertson] UNFINISHED BUSINESS No unfinished business. p. 232 REGULAR SESSION MAY 10, 2021 PAGE -232- MINUTE BOOK 30 REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Brooks stated he was good to have Officer Jonathan Prince and Chief Gibson back with us today. This week is National Police Appreciation Week and he thanked all our officers for their service. Councilman Hughes stated Crystal Rose contacted him regarding a possible amendment to builders’ construction hours and possibly lowering the decibels in the noise ordinance. Councilman Webb stated 17th Street off and west of Georgetown Road there are several blind spots on the street. He received a resident request to look at enforcing the speed limit in the area. Vice Mayor Johnson stated he received a call concerning use of the recreation centers to issue Covid vaccines for elderly residents close to the centers. Mr. Fivas stated if we were contacted for that purpose, we would open them up immediately and make them available for vaccinations. Please have them reach out to Patti Petitt and we will work through it. Vice Mayor Johnson continued that Larry Presswood served on the Planning Commission for 17 years and grew up in the east Cleveland area and really appreciated his service to the community. Councilwoman McKenzie stated she has received a call from residents who are not receiving mail, for several days at a time. It could be due to a shortage of employees. Mayor Brooks stated he noticed the phone number on the blue mailbox was disconnected and asked if someone could reach out to USPS directly. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was presented in full: • Zoning Ordinance 2021-10 – Rezoning 1.87 acres, more or less, located on Hiwassee Ave NE (Tax Map 42G Group B Parcels 18.00,19.00 & 20.00 and Tax Map 42G Group C Parcel 9.00 & 11.00 ) from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District (Planning Commission: Approved 5-1; 3 absent). ZONING ORDINANCE 2021-10 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 Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District. Approximately 1.87 acres, more or less, located at 200, 204, 205, and 215 Hiwassee Ave NE as shown on the attached map. For reference, same property is being shown Tax Map 42G Group B Parcel 18.00, 19.00 & 20.00 and Tax Map 42G Group C Parcels 9.00 & 11.00, 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. p. 233 REGULAR SESSION MAY 10, 2021 PAGE -233- MINUTE BOOK 30 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Mayor Brooks stated the Ordinance dies for lack of a motion. Mr. Kimball stated since there was no motion to approve Mayor, you may want to ask for a motion to deny. It is a zoning matter and any applicant for zoning, through a legal process, has a right to seek judicial review of a zoning determination and that way it will be known by the reviewing body, if there is such a request, that it was denied. Mayor Brooks asked for a motion to deny. Mayor Brooks stated again the Ordinance dies for lack of a motion. The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2021-11 – Rezoning 4.11 acres, more or less, located at 184 Durkee Rd NE (Tax Map 58F Group D Parcels 19.00, 20.00, 21.00, 22.00, 23.00) from IL Light Industrial Zoning District to IH Heavy Industrial Zoning District (Planning Commission: Approved 6-0; 3 absent). ZONING ORDINANCE 2021-11 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 IL Light Industrial Zoning District to IH Heavy Industrial Zoning District. Approximately 4.11 acres, more or less, located on Durkee Rd as shown on the attached map. For reference, same property is being shown Tax Map 58F Group D Parcels 19.00, 20.00, 21.00, 22.00 and 23.00, 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. p. 234 REGULAR SESSION MAY 10, 2021 PAGE -234- MINUTE BOOK 30 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman May moved that Zoning Ordinance 2021-11 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2021-12 – Rezoning 6.02 acres, more or less, located at Benton Pike and Durkee Rd (Tax Map 58 Parcel 78.00) from IH Heavy Industrial Zoning District to MU Mixed Use Zoning District (Planning Commission: Approve 6-0; 3 members absent). ZONING ORDINANCE 2021-12 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 IH Heavy Industrial Zoning District to MU Mixed Use Zoning District. Approximately 6.02 acres, more or less, located at Benton Pike and Durkee Rd as shown on the attached map. For reference, same property is being shown Tax Map 58 Parcel 78.00, 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. p. 235 REGULAR SESSION MAY 10, 2021 PAGE -235- MINUTE BOOK 30 BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman Hughes moved that Zoning Ordinance 2021-12 be approved on first reading. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Ordinance 2021-13 – Amending Section 2.12 of the Zoning Ordinance concerning the development standards within the CBD Central Business District Zoning District (Planning Commission: Approved 6-0; 3 absent). ORDINANCE 2021-13 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 2.12 SO AS TO ESTABLISH STANDARDS FOR DEVELOPMENT WITHIN THE CENTRAL BUSINESS DISTRICT ZONING DISTRICT; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, has considered the comments of the Cleveland Municipal Planning Commission considering the limited design guidelines currently in place within the Central Business District Zoning District, and WHEREAS, downtown Cleveland is experiencing an unprecedented level of investment in both public and private dollars and it is in the City’s interest to promote high quality urban development, and p. 236 REGULAR SESSION MAY 10, 2021 PAGE -236- MINUTE BOOK 30 WHEREAS, the Planning Commission has become aware that the existing Central Business District description and requirements are not adequate to provide appropriate urban development, and WHEREAS the City Council has determined that the existing ordinance should be revised to address current inadequacies in the Central Business District Zoning District and should promote quality urban development; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 2.12 to read as follows: 2.12 CBD District (Central Business District). Intent, goals and definitions. (1) It is the intent of the Central Business District to promote traditional urban development with multi-story buildings built close to the sidewalk and a mix of uses within each site and within individual buildings. For instance, residences can be integrated with non-residential development in the form of condos, townhouses, or loft apartments. Such urban places are intended to provide a concentration of goods and services that attract commerce — all within a walkable environment. (2 The Central Business District is also intended to promote higher density development that supports transit and multimodal transportation including automobile, bicycle, and pedestrian traffic. The intent is to reduce the need for parking as these urban areas are generally serviced by a well-connected street grid and transit system. Pedestrian and bicycle facilities also play an important role in reducing parking needs by reducing the number of vehicular trips. Parking reductions may also be used in conjunction will all shared parking options to further reduce the number of spaced required. (3) For the purposes of the Central Business District, it is intended that use of existing buildings be considered "redevelopment" and if a conflict occurs with standards for height, setback, and building footprint square footage, proposed redevelopment shall be considered legal, non-conforming when proposed changes meet the urban character intent as stated in (1). For example, strict compliance should not necessitate the demolition of buildings or removal of facades to meet a sidewalk or building height requirement. (4) Definitions for use in this zone only: Auto-Oriented Uses — A use heavily influenced by and primarily dependent on the automobile for its viability, including but not limited to the following examples, or other similar uses as determined by the Chief City Zoning Official. Examples are: (A) Gas Stations (B) Convenience Stores (C) Any business with a drive through facility Building — Any walled and roofed structure used or built for the shelter or enclosure of persons, animals or chattels. Canopy — Any architectural projection that provides weather protection, identity or decoration and is supported by the building to which it is attached or by support extending to the ground directly under the canopy and at the outer end by not less than one (1) stanchion. A canopy is comprised of a rigid structure over which a covering is attached. Parapet — The extension of the main wall(s) of a building above the roof line. Building — Any walled and roofed structure used or built for the shelter or enclosure of persons, p. 237 REGULAR SESSION MAY 10, 2021 PAGE -237- MINUTE BOOK 30 Street Edge or “Street Edge Treatment” --- For the purposes of this zone, a street edge or "street edge treatment" shall include an improvement to delineate between the public and private space and be a minimum height of three (3) feet and a maximum height of four (4) feet above grade and shall consist of i. Brick or stone walls (concrete block is permitted if faced with said materials); or ii. A decorative metal fence with landscaping to be maintained at a minimum of three (3) feet in height at maturity, providing a year-round, near opaque screen; or iii. An evergreen hedge, to be maintained at a minimum of three (3) feet in height at maturity; or iv. Highway-style guardrails, chain link, or other security fencing shall not be permitted. 2.12.1 Uses allowed. The CBD includes the following uses: A. All uses allowed by right in CN, PI, and CG Districts, except veterinary offices and clinics with outside kennels or runs; B. Multi-family dwellings allowed by right in the R-3 District; C. Residential uses located above the first floor; D. Home occupations, subject to 3.10. 2.12.2 Conditional uses. A. Automobile sales provided no more than 50 percent of the automobile inventory is located outside of a permanent building. In no case shall any parts be stored outdoors nor any repair or body work be conducted outdoors. (As replaced by Ord. #2018-22, July 2018) 2.12.3 Building setbacks. (1) Minimum Building Setback: Zero feet. (2) Maximum Building Setback: Five (5) feet: however, a maximum building setback of fifteen (15) feet may be permitted if an intentional public space or pedestrian activity space is provided between the building and right-of-way such as a park, plaza, outdoor dining, or sculpture garden. (3) Front setbacks are measured from the right-of-way on the primary street with the most vehicular traffic. (4) Side Yard Building Setback: Ten (10) feet where permitted use adjoins any Residential Zone or existing single-family use. (5) Rear Yard Building Setback: Twenty-five (25) feet where permitted use adjoins any Residential Zone or existing single-family use. (6) Canopies: For the purposes of this zone, canopies, whether attached or detached: (a) Are not considered part of the "building" or eligible as part of the calculations for setback requirements. "Setback" is defined as the distance between the primary (principle use) building and any lot line. 2.12.4 Building Height and Mass. 1) Minimum Building Height: Two (2) stories (as defined by the Building Code) or an eighteen (18) foot minimum height. 2) Maximum Building Height: Fifty-Five (55’) feet. 3) Building Mass: Although there are no maximum residential density requirements, in order to regulate building mass and scale to be in keeping with urban commercial centers, building footprints for new construction shall not exceed twelve thousand (12,000) square feet. p. 238 REGULAR SESSION MAY 10, 2021 PAGE -238- MINUTE BOOK 30 4) Building Height and Mass Exceptions: A deviation from the height and mass requirements may be granted by the Cleveland Municipal Planning Commission based on one (1) or more of the following criteria: (a) The applicant presents an alternative that complies with the stated intent, goals and general standards of the Zone. (b) The deviation from the standard is consistent with adopted plans and principles for the area. (c) The deviation is compatible with the character of the area where it is proposed, and with the size and location of the buildings in the vicinity. (d) The physical conditions of the property, such as steep slopes, drainage, easements, or small or irregular lot shape make compliance to this specific requirement impossible. 2.12.5 Parking Requirements. 1) Off-street parking shall not be permitted between the building and the primary street. Parking shall be located to the rear of the building. If it is physically impossible to locate parking to the rear of the building, parking to the side of the building may be allowed. If parking fronts any street (excluding alleys), a street edge shall be provided to screen the parking. This street edge shall meet the requirements of "street edge treatment" and landscaping as described in this section. 2) Parking Lot Lighting. a) All parking lot lighting shall be equipped with full cut-offs to direct light downward and to minimize glare, shadows, night sky pollution, and excessive light levels. b) Maximum mounting height of light fixtures in parking lots shall be twenty (20) feet. 3) For the amount of parking required or allowed see section 3.4 of the Zoning Ordinance. 3.12.6 - Landscape Requirements. 1) A landscaped street edge shall be provided at the right-of-way for all portions of the lot not fronted by buildings. In addition, a tree planting area with a minimum depth of five (5) feet shall be required along the street edge where parking, drive aisles, or parking surfaces abut the right-of-way. 2) The other requirements of section 3.3 of the Zoning Ordinance shall apply where applicable. 3.12.7 Signage Wall signs on any one side of the building cannot exceed 1.5 sf pr linear ft of building, with a maximum of 48 sf. Signs on wall, awnings, windows, etc are all considered sigs and included in the calculation. One projecting sign (sidewalk sign) with a maximum sign area of 12 square feet is allowed per storefront facing a public street, maximum width of 2’, maximum height of 7’, placed 8’ above the sidewalk. Pole mounted signs not allowed. Monument signs allowed for existing buildings with a setback of greater than 18’. Larger Skyline signage may be considered for buildings 4 stories or greater. 3.12.8 Additional Requirements. (1) There shall be provided at least one (1) primary pedestrian entrance (door) from the primary street. Additional curb-cuts shall not be incorporated on major streets. Side streets and alleys should be used for access. If it is physically impossible or unsafe to locate vehicular access anywhere but a major street, the City Transportation Department may approve a curb-cut onto a major street. p. 239 REGULAR SESSION MAY 10, 2021 PAGE -239- MINUTE BOOK 30 (2) Placement of all dumpsters to the rear of the property is required. In addition dumpsters should also be placed away from residential areas. In all cases, dumpsters shall be screened from any public right-of-way. (3) There shall be a percentage of openings (doors and windows) on the ground floor primary street facade of no less than thirty percent (30%). (4) No security-type roll up metal doors shall be permitted on the primary street. (5) A minimum of seventy-five percent (75%) of the street level façade must be of brick, stone or glass material. No large blank walls are permitted and mechanical equipment must be screened from the street view. Not metal buildings or vinyl siding allowed. (6) Highway-style guardrails, chain link, or other security fencing shall not be visible from the public right-of-way. 3.12.9 Auto-Oriented Uses. 1) Auto-oriented Uses may seek a deviation to the minimum setback requirements stated in section 2.12.3 but will require a street edge treatment that is the equivalent of or greater than the required zone standards as described herein and in the applicable landscape regulations. Furthermore, the applicant must demonstrate that the project meets the general intent of the Central Business District Zone. A deviation from the setback requirements of the CBD Central Business District Zone may be granted by the Cleveland Municipal Planning Commission under the following conditions: (a) The applicant presents an alternative that complies with the stated intent, goals and general standards of the Zone. (b) The deviation from the standards is consistent with adopted plans and principles for the area. (c) The physical conditions of the property, such as steep slopes, drainage, easements, or small, irregular lot shape make compliance to specific requirements impossible. 2) General Restrictions for Auto-Oriented uses: (a) The only off-street parking allowed between the primary building frontage and the primary street is for temporary parking (for drop-offs, etc.) and/or handicapped spaces. (b) When a setback deeper than fifteen (15) feet is proposed, in addition to requiring street trees planted along a sidewalk, an additional a street yard, buffer plantings or other landscape treatments is required. (c) Small scaled, stand alone drive-throughs or "drive-ups" are not allowed. (d) Canopies should be designed as secondary (in size, scope and use) to the primary building. (e) Roof signs, billboards and/or other off premise signs are not permitted. (f) The sides and tops of canopies cannot be illuminated or include additional signage. (g) Lighting must be directed downwards to reduce excessive glare and light pollution. (h) All mechanical equipment, whether on the ground or rooftop, excluding small scale alternative energy systems, shall be screened from all public rights-of-way. (i) The display and/or sale of vehicles (excluding scooters, bicycles and other non- motorized craft) requires a street edge treatment at the public right-of-way as described in herein. The following shall be screened from view from all public rights-of-way: the outdoor storage of equipment and products, other apparatus related to vehicular sales and/or repairs; and loading and parking areas for large, heavy-use vehicles, dump trucks, repair vans and/or fleets. . (j) Garage doors and loading docks shall not front or be visible from the primary street. 3.12.10 Site Plan Requirements p. 240 REGULAR SESSION MAY 10, 2021 PAGE -240- MINUTE BOOK 30 A master site plan is required to be submitted and approved by the Cleveland Municipal Planning Commission for any new construction within the Central Business District for any work affecting the public realm requiring a building permit. Site plans shall be prepared by a design professional licensed within the State of Tennessee (architect, engineer or surveyor) and shall include. (a) A legal description of the total site with an accurate representation of the boundary of the property and statement of present and/or proposed ownership. (b) The location and floor area size of the proposed building, accessory structures or other improvements including lot lines, building setbacks, building height, adjacent properties by use and ownership, open spaces, on-site parking spaces, streets and utilities. (c) The location and dimension of all point of proposed vehicular and pedestrian access, exits and circulation. (d) Building elevations with details showing proposed materials for all exterior walls of the building. (e) Identify the location, intensity and direction of all proposed lighting. (f) Identify the location of all planting areas and type of vegetation or fencing planned for landscaping and buffers. Requirements of the City’s adopted building codes, fire codes, stormwater regulations and other ordinances affect the development, use and maintenance of the property shall apply. Section 2. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 3. 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 4. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Webb moved that Ordinance 2021-13 be approved on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: • The next City Council meeting will be held on Monday, May 24, 2021. There being no future business the meeting was adjourned at 3:59 p.m. _________________________________ __________________________________ Mayor City Clerk