Cleveland City Council

p. 392 REGULAR SESSION SEPTEMBER 13, 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, SEPTEMBER 13, 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 Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Ken Webb and Councilwoman Marsha McKenzie. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Corey Divel, Assistant to the City Manager/Communications Coordinator/Downtown Coordinator/Senior Planner; Beverley Lindsey, Assistant to the City Manager; Sue Zius, Assistant to the Mayor; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Cathy Andrews, CDBG Coordinator; Paul Garner; Carol and Doug Dunsmore; Frank Walker; Doug Berry and Mike Griffin with the Chamber of Commerce and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Frank Walker with First Baptist Church, 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 August 23, 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 Paul Garner addressed the City Council concerning a noise disturbance near his residence on Mouse Creek Road. He called the dispatch number and the dispatcher was short with him. A noise permit was issued by the Cleveland Police Department until 1:00 a.m. in error. He thanked the Cleveland Police Department for their quick response and handling the situation. Councilman Hughes stated he followed up with Mr. Fivas and it was realized the permit had been issued for the incorrect time. CITY MANAGER REPORT Mr. Fivas announced that City Offices will be closed on October 11 in observance of Columbus Day and added the City Council meeting would be cancelled. Also, the Redistricting Committee will be scheduling a meeting and will announce the date soon. Third, the census data has been received and indicates our city population has increased to 47,356, which is a little less than a 15% increase. Additional information will be distributed to the Council. The county population increased to 108,620. Lastly, a draft of what a roundabout would look like at Georgetown and Westside Drive has been distributed. This project could potentially cost $1 million plus and is not a part of our current project list. Councilman Hughes asked if the census number was accurate, as he feels we have more than 47,000. Mr. Fivas stated it was a hard year but from a staff prospective it is an undercount, but we have nothing to support that thought. There are people that can come in for a recount and through a process. Councilman May stated he would like the numbers to be reviewed. Mr. Fivas continued that shirts were distributed to the Council for the Five Points Race Series, which the City is a sponsor. He thanked Beverley Lindsey for working on the design. He then reviewed the meeting agenda. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone 13.9 acres, more or less, located on Pleasant Grove Church Rd SW (Tax Map 56 Parcel 62.00) from CH Commercial Highway Zoning District to PUD 31 Planned Unit Development Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 9-0. Mayor Brooks asked if anyone would p. 393 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -393- MINUTE BOOK 30 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 of the approval of the rezoning. No one spoke. Mayor Brooks 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 the Consolidated Annual Performance Evaluation Report (CAPER) for the 2020-2021 Community Block Grant Program. Cathy Andrews, CDBG Coordinator stated the report has been available in their office for public review as required. Also, a copy was provided in your packet today. Mayor Brooks asked if anyone would like to speak in favor of the approval of the CAPER. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the CAPER. No one spoke. Mayor Brooks 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 the FY2022 Annual Action Plan for Community Block Grant Program. Cathy Andrews, CDBG Coordinator stated this public hearing is to gain input for the annual action plan. We will hold several public hearings in the Blythe Bower Community and before the Planning Commission. Councilman Estes asked if the term ‘food desert’ would fit into the scope of the plan since there is not a full-service grocery store in the area. Ms. Andrews replied possibly, but she would look into it further. Mayor Brooks asked if anyone would like to speak in favor of the Action Plan. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the Action Plan. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Councilman Estes; and upon roll call, the consent agenda was unanimously passed. • Resolution 2021-83 – Authorizing the submission of the Public Entity Partners Driver Safety Grant. RESOLUTION 2021-83 Authorizing the City of Cleveland to participate in the James L. Richardson “Driver Safety” Matching Grant Program * * * * * * * * * * * * * * * * * * * WHEREAS, the safety and well-being of the employees of the City of Cleveland is of the greatest importance; and WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace for the City of Cleveland employees; and WHEREAS, Public Entity Partners seeks to encourage the establishment of a safe workplace by offering a “Driver Safety” Matching Grant Program; and WHEREAS, the City of Cleveland now seeks to participate in this important program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE the following: SECTION 1. That the City of Cleveland is hereby authorized to submit application for a “Driver Safety” Matching Grant Program through Public Entity Partners. p. 394 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -394- MINUTE BOOK 30 SECTION 2. That the City of Cleveland is further authorized to provide a matching sum to serve as a match for any monies provided by this grant. Resolved this 13th day of September, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-84 - Approval of the 2020-2021 Consolidated Annual Performance Evaluation Plan (CAPER) for the CDBG Program. RESOLUTION 2021-84 A RESOLUTION APPROVING THE 2020-2021 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT(CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM WHEREAS, the City Council of the City of Cleveland, Tennessee passed a Resolution approving the 2020 Annual Action Plan; and WHEREAS, the 2020-2021 Consolidated Annual Performance Evaluation Report (CAPER) has been prepared by City Staff and, and a summary of the same has been made available; and WHEREAS, the City Council desires to approve the 2020-2021 Consolidated Annual Performance Evaluation Report; and NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the 2020-2021 Consolidated Performance Evaluation Report (CAPER) and authorizes the submission to the United States Department of Housing and Urban Development (HUD) Approved 13th day of September, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-85 – Accepting Innovation Drive in the Spring Branch Industrial Park as a city street. RESOLUTION 2021-85 WHEREAS, Spring Branch Industrial Park is located in the City of Cleveland and is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 36 Page 95; and WHEREAS, Innovation Drive is a street located within this development and is depicted on this Plat; and p. 395 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -395- MINUTE BOOK 30 WHEREAS, the developer has requested that the City accept Innovation Drive (approximately 4,000 LF in length) as a City street; and WHEREAS, the City's engineering staff has inspected Innovation Drive, is now recommending that the City accept this portion of Innovation Drive as a City Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Innovation Drive as a city street. This 13th day of September 2021 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2021-86 – Authorizing the Mayor to sign an Interlocal agreement with Bradley County for Pleasant Grove Trail SW. RESOLUTION 2021-86 WHEREAS, the City has presented Bradley County with the attached Interlocal agreement between the City and the County in connection with the annexation of a parcel of property owned by ACTH Properties, which parcel is located off Pleasant Grove Trail SW, and which is generally described as Tax Map 056, Parcel 035; as well as the annexation of another parcel of property owned by Douglas Paul Dunsmore, which parcel of land is also located off Pleasant Grove Trail SW, and which is generally described as Tax Map 056, Parcel 035.04; as well as the annexation of a portion of Pleasant Grove Trail SW ( +/- 1,508 feet of roadway) as described in the interlocal agreement; and WHEREAS, the Bradley County Commission approved of this Interlocal agreement at its voting meeting on September 7, 2021; and WHEREAS, the City Council desires to approve of this Interlocal Agreement with Bradley County; and WHEREAS, the City Council further desires to authorize the Mayor to execute the Interlocal agreement with Bradley County on behalf of the City of Cleveland. 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 Interlocal Agreement between the City of Cleveland and Bradley County. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Interlocal agreement on behalf of the City once it has been approved by the County Mayor on behalf of the County. The County Commission requested that the City Council consider that a ‘waiver’ be considered. The City Council has considered this request for a ‘waiver’ and with an approval vote of this Annexation Agreement is considered a ‘no’ vote on giving a ‘waiver’ as requested by the County Commission. This meets the conditions of the motion of the County Commission. The rationale for a ‘no’ vote is it likely that only the private property owner, not a governmental entity, could ask for a ‘waiver’ of this policy as predicated by the principle’s outlined in the state law. Moreover, in our research, the County Commission discussed three perceived ‘waivers’. All p. 396 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -396- MINUTE BOOK 30 three of these past votes of the Council were to fix miscalculations from Cleveland Utilities in properties that should have been originally grandfathered after the state implemented this new law. This 13th day of September 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Report – Avery Johnson Park Landscaping TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: September 13, 2021 RE: Bid Summary – Avery Johnson Park Landscaping SUMMARY: The City advertised to receive sealed bids on September 3, 2021, for landscaping Avery Johnson Park. One bid was received and is listed below: • Triple E Construction Cleveland, TN $102,113.75 ______ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Exceeds budget. RECOMMENDATION: The proposal received exceeds the funds allocated for this project. Staff recommends rejecting this bid. • Final Passage - Zoning Ordinance 2021-21 – heretofore passed on first reading August 23, 2021 and found in Minute Book 30, Page 382; Zoning 70.00 acres located on Tasso Ln NE from the unincorporated county to PUD29 Planned Unit Development Zoning District (Planning Commission: Approved 7-0; Absent-2). • Final Passage - Zoning Ordinance 2021-25- heretofore passed on first reading August 9, 2021 and found in Minute Book 30, Page 349; Zoning of about 23.5 acres located on Pleasant Grove Trl from the unincorporated county to PUD28 Planned Unit Development Zoning District (Planning Commission: Approved 7-0, 1 Absent, 1 unfilled position). • Final Passage - Ordinance 2021-28 – heretofore passed on first reading August 23, 2021 and found in Minute Book 30, Page 389; Amendment to the development standards outlined in section 7 of PUD26 Planned Unit Development Zoning District located on Freewill Rd NW (Planning Commission: Approved 9-0). • Motion – Authorizing City Staff to erect signs on Blythe Ferry Road from Tasso Road to North Ocoee Street prohibiting certain commercial vehicles. p. 397 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -397- MINUTE BOOK 30 TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: September 13, 2021 RE: Blythe Ferry Commercial Vehicles SUMMARY: City staff has received complaints about commercial vehicles on Blythe Ferry Road. On those complaints, City staff reviewed the traffic and noticed a decent amount of commercial truck traffic on this winding road. It would be City staffs recommendation to post this section street as a “Commercial Vehicles Prohibited’ area. This would still allow exceptions for school buses, emergency vehicles, garbage trucks, commercial delivery vehicles doing business in this area, and City-owned street construction vehicles. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff recommends to the City Council approval for City staff erect signs on Blythe Ferry Road from Tasso Road to North Ocoee Street. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Cassada inquired about signage, markings and paving update for Candies Lane. Mr. Fivas stated contractors are working to finalize the project. The goal is to have paving start the first week of October. We will add additional speed signs as well. Councilman Cassada then announced the Hwy 60 project was awarded by the State last week and we should begin seeing activity soon. Councilman May stated he received a call concerning dump trucks on Stephens Road. He then asked if Chief Gibson could have his staff monitor speeding along Stephens Road as well. Mr. Fivas stated staff has spoken to the developer in the area and we do have empathy for the neighbors. The area will eventually be a cul-de-sac when the road to the school is finished and traffic will be moved onto Stuart Road. We observed the situation there and have spoken to the developer about trucks in the neighborhood. We will place the electronic speed sign and anything else we can do to help with the heavy volume of traffic. Councilman Hughes thanked Chief Gibson for the additional police presence along North Lee Highway slowing drivers down. Also, he thanked Mayor Brooks’ wife, Kim Brooks for today’s lunch and tour with Avail Senior Living facility. Councilman Webb asked for an update on the intersection improvements at APD40 and Blackburn Road. Mr. Fivas stated new signal heads have been ordered and once received they will be installed. Vice Mayor Johnson asked for an update on Avery Johnson Park. Mr. Fivas stated we anticipate the opening for the end of October/early November. Covid has caused some delays with the finalization of the pavilion and groundwork. p. 398 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -398- MINUTE BOOK 30 Councilwoman McKenzie thanked city staff and office employees for working on problems and issues that arise in a timely manner. Also, to the Cleveland Fire Department for their participation in remembering the loss of lives on 9/11. Councilman Estes stated the community is already using Avery Johnson Park and the new dog park. He then asked about the grass at Blythe Old Field, where soccer is played daily, what will happen there. Mr. Fivas stated there is a tremendous amount of play and the plan is to rehab the grass in the spring, with possibly shutting down the fields during May and June to allow grass to root. Councilman Estes then asked about the old Vest Grocery location. Mr. Jobe stated staff has sent notice to the owner to appear before the Building Board of Adjustments and Appeals. Councilman Estes then thanked Cathy Andrews for intergrading the Federal CAPER dollars into the Action Plan. Next, he stated he has seen the progress on the Wildwood/Dalton Pike sidewalk project. It will help the draining in the area among other things. Lastly, Dr. Walker will be speaking at the Mainstreet meeting this month. Sharon Marr will be inviting all the City Council. Dr. Walker is a gracious and positive person and encourages everyone to attend to hear him speak. Mayor Brooks inquired if there was a code file for the old IGA building on Wildwood. Mr. Jobe stated he will have to check and report back. Mayor Brooks then announced he is reappointing to the Tree Board Amy Banks, Clark Taylor, Jo Benjamin, Councilman Dale Hughes and Will Jones for additional two-year term to expire August 2023. Mayor Brooks also thanked the Cleveland Fire Department First Responders for their participation in the 9/11 Memorial. There were 23 Firefighters, Engineers and a Battalion Chief, representing Cleveland in Nashville that did the 110 flights stair climb. He is grateful for their participation in remembrance of those lost on 9/11. Lastly, he would like to begin the conversation to have an overall review of what is being built within the City and allowed in zones because the current zoning allows it. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2021-29 – Rezoning 13.9 acres, more or less, located on Pleasant Grove Church Rd SW (Tax Map 56 Parcel 62.00) from CH Commercial Highway Zoning District to PUD 31 Planned Unit Development Zoning District (Planning Commission: Approved 9-0). ZONING ORDINANCE 2021-29 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 PLEASANT GROVE CHURCH RD SUBDIVISION SW PROPERTY “PUD 31” ON PROPERTY DESCRIBED AS TAX MAP 56 PARCEL 62.00, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 31; 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 POSSIBLE FUTURE REVISIONS TO THE p. 399 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -399- MINUTE BOOK 30 PUD; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE 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 3 herein as “PUD 31” subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 31 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 31 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. PUD 31, Pleasant Grove Church Rd Subdivision (name may be revised during the platting process with approval of the Cleveland Municipal Planning Commission, includes property generally identified as Tax Map 56 Parcel 62. Exhibit B illustrates the overall Pleasant Grove Church Rd Subdivision Conceptual Plan for the subject property. Section 4. GENERAL PROJECT DESCRIPTION AND DEVELOPMENT DENSITY. This section is intended to provide a general description of the Pleasant Grove Church Rd Subdivision Development. The project consists of detached single-family homes on small lots. Exhibit B shows the general location of proposed infrastructure and common areas. In terms of total allowable density, the project shall not exceed fifty dwelling units. The developer shall include common open space designed within the development, including any permanent retention or detention pond areas and other landscaped and common areas described herein. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 31 Subdivision allows for the construction of up to 50 dwelling units in detached single family house. Streets, sidewalks, drainage structures, fire hydrants, utilities, and the like are allowed. Residential amenities such as a community pool, clubhouse, etc. are allowed in the event that the developer wishes to amend the conceptual plan through the Cleveland Municipal Planning Commission. Nothing herein should be construed as prohibiting the Developer from making further refinements to the development plan of PUD 31 that would further restrict the allowable uses within a particular part of the development or from excluding a particular use from the development altogether through the operation of private restrictions or covenants. The location of particular residential uses within the Pleasant Grove Church Rd Subdivision development will comport with the descriptions of the constituent parts of the p. 400 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -400- MINUTE BOOK 30 development which are conceptually described within Exhibit B unless modified by agreement of the Cleveland Municipal Planning Commission. Home occupations permitted in Cleveland’s zoning ordinance are allowed unless prohibited by the Developer. There are no conditional uses within the PUD 31 district. Uses other than those described as permitted or allowed herein are prohibited. Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN. A conceptual plan (Exhibit B) for PUD 31, Pleasant Grove Church Rd Subdivision Development was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on August 17, 2021. The conceptual plan consists of a site plan for the overall development however additional drawings, documents, and permits routinely required for a subdivision are expected for review and approval prior to construction. All development within PUD 31 must be consistent with this Conceptual Plan with regard to development standards and general layout unless subsequently modified by agreement of the Cleveland Municipal Planning Commission. Plats must be reviewed by the Planning Commission however any modification may not increase the total number of dwelling units beyond 50 without a revision to the PUD ordinance approved by the City Council. Additional plans, plats, and other development-related documents and permits will be necessary to carry out the construction of this project. It is recognized that the plats and site plans for The Pleasant Grove Church Rd Subdivision development may ultimately reflect some alteration in the conceptual plan such as the exact location of infrastructure or open space relative to the residential areas. Other variations may include the width or alignment of streets, or the precise placement of buildings, but these will be generally consistent with the conceptual plan, mutually consistent with one another, and not violate any features of this ordinance as these relate to adjoining properties and infrastructure (e.g. external intersection locations and traffic improvements, buffers with external properties, etc.). All streets within the PUD 31 Pleasant Grove Church Rd Subdivision development shall be constructed with adequate ROW to accommodate the installation of sidewalks which shall be installed at the expense of the developer. The developer shall dedicate right-of- way adequate to serve a deceleration lane as well as a center turn lane if determined to be necessary by the City’s Transportation Department. If required, the build out of the center turn lane and/or deceleration lane shall be completed in conjunction with the proposed subdivision streets. The developer shall dedicate any right-of-way necessary and shall be responsible for construction of said improvements. 6.B. PLATS. One or more plats will be prepared for the PUD 31 property by the Developer for approval in accordance with the City of Cleveland, Tennessee subdivision regulations. These plats will describe and dedicate public streets any other public properties; identify lots; and identify easements that are necessary for various purposes within the development such as utilities, access, maintenance, and conservation, etc. These plats shall be consistent in general layout with the conceptual site plan. The City and the developer shall consider exact street designs and locations which facilitate slower traffic speeds which shall be approved during the platting process. p. 401 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -401- MINUTE BOOK 30 6.C. PRIVATE DEVELOPMENT DOCUMENTS. The Developer shall prepare and implement such master covenants, restrictions, condominium association documents, common area agreements, and the like which the Developer determines are necessary to carry out the development of PUD 31 as envisioned herein. It is a requirement of this ordinance that such documents are in place and enforced by the Developer (or Developer’s heirs, successors, or assigns) to the extent necessary for PUD 31 to function as described herein. The City of Cleveland assumes no responsibility to review these documents, or to determine their adequacy to these purposes, or to enforce any of their provisions, or to otherwise be a party to them. Section 7. DEVELOPMENT STANDARDS The development standards for PUD 31 shall be those established in this ordinance or incorporated herein. Where development standards are not otherwise included in this ordinance, the standards shall be those in the R2 zone, from the City of Cleveland’s zoning regulations. For residential areas units of identical elevation types must be separated by at least two different elevations. This will result in at least three different elevation plans per cluster. No two adjacent structures shall be built with the same building size or orientation (reverse elevations do not count as different building elevations), facade, materials, or colors. Residential areas must also incorporate a variety of building elements and treatments for single family detached dwellings. Structures must include articulation, change in materials or texture, windows, or other architectural features. All foundations must be made of brick or stone. Not including any dormer or gables, the front façade of all structures shall be of brick, stone or cement fiber board materials. Twenty-five percent of the aggregate square footage of the front facades of all homes must be of a brick or stone material, exclusive of all garages, doors and windows. No blank walls along street elevations are allowed. A two-inch caliper hardwood shade tree which is determined acceptable to the City’s Urban Forester shall be installed within each front yard area. All lots shall be serviced by sidewalks within the subdivision. Sidewalks should be illustrated on all plats and site plans for review by city staff and any required for review by the Cleveland Municipal Planning Commission. Utilities must be placed within the dedicated right-of-way but not underneath any paved roadway. A monument style ground sign shall be installed at all entrances to the site. A landscaped area shall be installed along Pleasant Grove Church Rd and one row of evergreens on a 10’ center shall be installed along the line adjoining the parcel described as 56 parcel 26.01. Community facilities, including a swimming pool with clubhouse, playground or other community area determined acceptable to the Planning Commission shall be provided by the developer once 75% the buildable lots in the development are established or under construction. The area around any community area must include a double buffer with a minimum 6’ tall privacy fence where it adjoins any area not included in this PUD ordinance. All common areas, facilities and landscaping shall be kept in good repair by the developer, future owners or an established homeowners association. Requirements of the City’s adopted building codes, fire codes, stormwater regulations and other ordinances affecting the development, use, and maintenance of property shall apply. p. 402 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -402- MINUTE BOOK 30 7.A. Building Setbacks & Minimum Lot Standards The minimum lot width requirements for all single-family detached home sites is 50 feet. Setback requirements within PUD 31 shall be 25’ for front property lines, side setback requirements are 5 feet, and rear setbacks shall be no less than 15’ from the property line. Individual site plans are required for all single-family residential structures in the development prior to construction and corners must be pinned by a surveyor at the foundation stage for review by the Cleveland Building Inspections Office. Storage sheds, detached garages and similar accessory structures, if allowed by the Developer shall be limited to yard areas behind the primary structure and are not to encroach within five feet of any rear or side property line. Covered porches, sunrooms, and other covered additions to the primary structure, if allowed by the developer are to maintain the required setbacks for the primary structure. Open patios and decks, if allowed by the Developer, may extend to within 10 feet of a rear property line or a lesser distance if required by the developer. The guidelines for approval of a minor encroachment as established within the Cleveland Zoning Ordinance may be utilized to establish variations in setbacks subsequent to any Planning Commission approvals. The development standards for the R2 Low Density Single and Multi-family Residential Zoning District shall apply for any standards this ordinance does not address. Section 8. 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 31 Pleasant Grove Church Rd Subdivision Development. 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 (permission for limited use of building after substantial completion by the City’s Building Official). 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 9. 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. Where this ordinance contemplates the future approval of a site plan or the future approval of a plat by the Cleveland Municipal Planning Commission, and where this ordinance contemplates the future refinement of plans to conform with permitting requirements or conditions of approval necessitated by staff review, and where the Developer and the City of Cleveland may enter into future agreements regarding possible public facilities, infrastructure, and/or services within PUD 31, an amendment to this ordinance is not required to implement such detailed block plan, site plan, plat, refinement to plans necessitated by permitting or review requirements, or agreement pertaining to public facilities, infrastructure, or services. If the overall development layout differs greater than 20% from the site plan shown in exhibit B then a revised conceptual plan must be reviewed by the Cleveland Municipal Planning Commission. p. 403 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -403- MINUTE BOOK 30 Section 10. 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 PUD 31 zoning district and is binding upon City’s regulation of these activities in this location. Moreover, it shall be the duty of the Developer to ensure compliance with all terms of this ordinance affecting construction or maintenance. Wherever this ordinance establishes a duty, responsibility, or right for the Developer, the term “Developer” is intended to encompass the current owners, or any heirs, assigns, or successors in title, or any owners of record of the subject property as of the effective date of this ordinance and their heirs, assigns, or successors in title. The term “Developer” is also intended to include any holding company or other entity established for the ongoing operation and maintenance of the development of the subject property including, but not limited to, common areas, joint use or joint access areas, and undeveloped portions of the property that are intended for development. Section 11. 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. Approved this ___ day of ____, 2021. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 404 REGULAR SESSION SEPTEMBER 13, 2021 PAGE -404- MINUTE BOOK 30 Exhibit B Conceptual Plan Councilman May moved that Zoning Ordinance 2021-29 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Councilwoman McKenzie added she was happy to see new growth on the south end. ANNOUNCEMENTS Mayor Brooks announced the following: • The next City Council meeting will be held on Monday, September 27, 2021. • A Redistricting Committee meeting will be scheduled for Monday, September 27, 2021. • City Offices will be closed Monday, October 11 in observance of Columbus Day. • The City Council meeting for Monday, October 11 will be cancelled. There being no future business the meeting was adjourned at 3:57 p.m. _________________________________ __________________________________ Mayor City Clerk