Cleveland City Council

p. 550 REGULAR SESSION FEBRUARY 14, 2022 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, FEBRUARY 14, 2022 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 and Councilwoman Marsha McKenzie. Councilman Webb was absent from the meeting. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Corey Divel, Assistant to the City Manager; Beverley Lindsey, Assistant to the City Manager; Christy Brandon, Assistant City Clerk; City Attorney John Kimball; Kris Miller, IT Director; Police Chief Mark Gibson; Fire Chief Bobby Gaylor; Doug Berry with the Chamber of Commerce; Sharon Marr with Mainstreet Cleveland; Brandon Gibson; Theresa Evans and Anand Patel with Elxr; Charlie Boothe; Dennis Duggins; Steve Morgan; Jennifer Samples; Mike Price; Alex Staup 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: 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 January 24, 2022 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 Mayor Brooks stated today we are hearing any public comments concerning a change in the ownership interest of members for Elxr Wine & Spirits, LLC located at 640 Inman St W. Mayor Brooks asked if anyone would like to make any comments. No one spoke. Mayor Brooks closed the hearing. Mayor Brooks welcomed members of the Cleveland Fire Department and those involved in the 303 Project. Today began the 303 Project walk to Nashville to raise awareness for PTSD among Firefighting families. He also thanked the Cleveland Police Department and Bradley County Sherriff’s Office for providing protection and support along the route. 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 69.1 acres located on Old Powerline Rd NE and Durkee Rd NE (Tax Map 58 Parcels 34.00, 34.01, 4.00 & 5.00) from IL Light Industrial Zoning District to PUD33 Planned Unit Development Zoning District (Planning Commission: Approved 6-0; 3 absent). Mayor Brooks asked if anyone would like to speak in favor of the amendment to the rezoning request. Mike Price with MAP Engineers who represents the developer for the proposed development off Durkee Road. They are planning for a single- family and townhouse development which has gone through staff review, as well as the Planning Commission. They feel it will be a great addition to the area and providing housing needs. They have set aside a community lot, which is 35% of the property. They will provide protection related to the stream that runs through the property and utilizing the space as an open area. The downstream neighbors should not have any impact due to stormwater runoff. They feel is it a good use of the land. Mayor Brooks asked if anyone would like to speak in opposition to the rezoning request. No one spoke. Mayor Brooks then declared the public hearing to be closed. p. 551 REGULAR SESSION FEBRUARY 14, 2022 PAGE -551- MINUTE BOOK 30 CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda. The motion was seconded by Vice Mayor Johnson; and upon roll call, the consent agenda was unanimously passed. • Resolution 2022-06 – Authorizing the Mayor to sign a contract with TDOT related to the I75 Northbound ramp traffic signal equipment (PIN 130011.00). RESOLUTION 2022-06 WHEREAS, the City has received the attached general maintenance agreement from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Description of Project: Signal Maintenance of Signal Installed on the I-75 Northbound Ramp at Paul Huff Parkway, LM 10.92 Agreement Number: 220018 Project Identification Number: 130011.00 Federal Project Number: HSIP-I-75-1 (151) State Project Number: 06001-3184-44 WHEREAS, the City Council desires to enter into the attached general maintenance agreement with TDOT and to further authorize the Mayor to execute the attached general maintenance agreement 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 general maintenance agreement with TDOT for the project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 14th day of February 2022 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-07 – Authorizing the purchase of Personal Protective Equipment (PPE) for the Cleveland Fire Department through a Master Intergovernmental Cooperative Purchasing Agreement. RESOLUTION 2022-07 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PURCHASE FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE) THROUGH A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT #PS20065, AS AMENDED, WHICH IS ADMINISTERED BY NATIONAL PURCHASING PARTNERS, LLC dba PUBLIC SAFETY GPO, dba FIRST RESPONDER GPO, dba LAW ENFORCEMENT GPO and dba NPPGOV, A NATIONAL COOPERATIVE PROCUREMENT ORGANIZATION FOR THE LEAGUE OF OREGON CITIES. __________________________________________________________________ WHEREAS Tennessee Code Annotated § 12-3-1205 provides that any municipality may participate in, sponsor, conduct, or administer a “cooperative purchasing agreement” for the procurement of any supplies, services, or construction with one (1) or more other local p. 552 REGULAR SESSION FEBRUARY 14, 2022 PAGE -552- MINUTE BOOK 30 governments in accordance with an agreement entered into between the participants, including governmental entities outside this state; and WHEREAS, the Master Intergovernmental Cooperative Purchasing Agreement (“MICPA”) to provide fire fighter personal protective equipment between LION (“Company”) and League of Oregon Cities (“Lead Public Agency”) in cooperation with National Public Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov, a National Cooperative Procurement Organization on behalf of the Lead Public Agency and any Participating Public Agency, which may include the City of Cleveland, Tennessee, meets the authorized public bidding requirements for the State of Tennessee and allows governmental purchases of fire fighter personal protective equipment (PPE) pursuant to this MICPA at discounted contract prices, as permitted by Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City of Cleveland is authorized to participate in this Master Intergovernmental Cooperative Purchasing Agreement provided that it adopts a resolution accepting the terms of the Master Agreement and the City of Cleveland as a participant acquires and maintains documentation that the purchasing entity that procured the bid complied with the purchasing requirements for the City of Cleveland pursuant to Tennessee Code Annotated § 12-3-1205; and WHEREAS, the City Manager has determined that the Master Agreement shall be construed in accordance with and governed by the laws of the State in which the City of Cleveland exists as a participating agency and that the City of Cleveland has registered on-line with NPPGov which allows the City of Cleveland to enter into this MICPA and which is intended to allow the City of Cleveland to meet applicable legal requirements and facilitate access to the Master Agreement and the Company under Contract #PS20065, as amended, held by the League of Oregon Cities as required by Tennessee Code Annotated § 12-3-1205 (a)(1). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE that the City of Cleveland be and is hereby authorized to purchase fire fighter personal protective equipment (PPE) as a participating public agency under MICPA Contract #PS20065, as amended, held by League of Oregon Cities as required by Tennessee Code Annotated § 12-3-1205 (a)(1) through NPPGov, to be used by the Fire Department for the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-08 – Endorsing the Freewill Road SR306 Corridor Study. RESOLUTION 2022-08 RESOLUTION TO ENDORSE THE FREEWILL ROAD SR 306 CORRIDOR STUDY WHEREAS, Ragan Smith Associates (RSA) have completed the Freewill Road SR 306 Corridor Study pursuant to an Urban Transportation Planning Grant from the Tennessee Department of Transportation (TDOT) to the City of Cleveland, Tennessee; and WHEREAS, the TDOT Urban Transportation Planning Grant application required that the Freewill Road SR 306 Corridor Study document be endorsed by the City when complete; and WHEREAS, whereas the Freewill Road SR 306 Corridor Study was developed with input from the public, stakeholders, and officials from TDOT, the City of Cleveland, and Bradley County; and p. 553 REGULAR SESSION FEBRUARY 14, 2022 PAGE -553- MINUTE BOOK 30 WHEREAS, the Freewill Road SR 306 Corridor Study sets forth findings, recommendations, and other information concerning transportation, land use, economic development, the environment, and quality of life; and WHEREAS, the Freewill Road SR 306 Corridor Study documents the importance of the I-75 Exit 20 and Tom Rowland Interchange area as a major community gateway and economic development area, while supporting the need for improved connectivity of this area to other parts of the community for which general route concepts are addressed; and WHEREAS, the Freewill Road SR 306 Corridor Study documents the importance of improved connectivity and traffic flow for Freewill Road and Harrison Pike SR 312 near Prospect Elementary School and the I-75 bridge, while providing information relevant to further discussion of potential bridge and interchange improvements; and WHEREAS, the Freewill Road SR 306 Corridor Study documents the importance of improvements to the existing Freewill Road conducive to its long-term use as a major urban corridor with multi-modal, traffic flow, and safety-related enhancements while leaving open the question of its possible future designation as a state route; and WHEREAS, the Freewill Road SR 306 Corridor Study provides information to be further refined through local planning processes for land use and economic development, and adapted to coordinated transportation project planning and implementation at local, state, and federal levels NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. As provided in the Urban Transportation Planning Grant application requirements, it is the intent of the City Council to endorse the Freewill Road SR 306 Corridor Study. The City Council recognizes the Freewill Road SR 306 Corridor Study as a supporting document for future transportation planning and coordination with local planning bodies and others on matters of land use, infrastructure, and economic development; 2. With the support and leadership of the Mayor on behalf of the City Council to coordinate across political boundaries and among varied interests, City staff are to work with local elected officials, local planning bodies, TDOT, land owners, and others to adapt the Freewill Road SR 306 Corridor Study to plans and programs for development that can be implemented to achieve the public benefits described in the Study with such adaptation including, but not being limited to, proposals for refinements to the scope and location of roadway improvements and other facilities and infrastructure within the Freewill Road SR 306 Corridor Study area. Approved this 14th day of February, 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-09 – Authorizing the Mayor to sign an agreement with Cleveland Utilities for a utility pole relocation at Paul Huff Parkway/Peerless Road Intersection. p. 554 REGULAR SESSION FEBRUARY 14, 2022 PAGE -554- MINUTE BOOK 30 RESOLUTION 2022-09 WHEREAS, the City of Cleveland is preparing for improvements at the intersection of Paul Huff Parkway and Peerless Road; and WHEREAS, in connection with these public improvements, a large utility pole located on the south side of Paul Huff Parkway, approximately 100 feet West of Peerless Road, needs to be relocated; and WHEREAS, City engineering staff contacted Cleveland Utilities about the pole relocation and the estimated cost for the same; and WHEREAS, Cleveland Utilities has presented the City with a cost estimate which has been incorporated into the attached agreement between the City and Cleveland Utilities for this pole relocation; and WHEREAS, the City Council desires to enter into the attached agreement for this pole relocation with Cleveland Utilities, and to further authorize the Mayor to execute the same 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 agreement with Cleveland Utilities for the utility pole relocation, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 14th day of February 2022 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-10 – Authorizing the Mayor to sign an agreement with Habitat for Humanity regarding the American Rescue Plan Act Funds. RESOLUTION 2022-10 WHEREAS, on March 11, 2021, the United States Congress passed the American Rescue Plan Act of 2021 (“ARPA”), which provides fiscal relief funds to State and Local Governments, and other program areas aimed at mitigating the continuing efforts of the COVID- 19 Pandemic; and WHEREAS, Habitat for Humanity of Cleveland seeks to develop and construct 16 new homes for low-income families in Morelock Meadows located at 20th Street/Foster Lane across from Blythe-Bower Elementary School impacting approximately 60 residents in our community; and WHEREAS, the City Council finds that affordable housing is essential to building a more sustainable City of Cleveland and to ensure a competitive workforce to meet the needs of our community and region; and WHEREAS, the City Council further finds that services in this category will help alleviate the immediate economic impacts of the COVID-19 pandemic on housing insecurity in lower income neighborhoods; and WHEREAS, the City Council finds that an investment of local fiscal recovery fund dollars to Habitat for Humanity of Cleveland will prioritize helping transform City of p. 555 REGULAR SESSION FEBRUARY 14, 2022 PAGE -555- MINUTE BOOK 30 Cleveland’s lack of affordable homeownership, and Section 602(c)(3) of the ARPA permits use of funds from local fiscal recovery funds to respond to the negative economic impacts of the COVID-19 public health emergency ; and WHEREAS, the U.S. Department of the Treasury’s Interim Final Rule identified an eligible use as, “Building Stronger Communities through Investments in Housing and Neighborhoods” finding that economic impacts have been most pronounced in lower-income neighborhoods, including concentrated areas of high unemployment, limited economic opportunity, and housing insecurity with services in this category alleviate the immediate economic impacts of the COVID-19 pandemic on housing insecurity, while addressing conditions that contributed to poor public health and economic outcomes during the pandemic; and WHEREAS, the Interim Final Rule specifically states that increasing the supply of affordable and high-quality living units is an eligible service; and WHEREAS, on December 13, 2021, City of Cleveland appropriated three hundred thousand dollars ($300,000.00) for affordable housing to Habitat for Humanity of Cleveland, Inc. to develop and construct sixteen (16) new homes for low-income families in Morelock Meadows as allowed by the conditions and terms of the American Rescue Plan Act; and WHEREAS, the City Council desires to approve of the attached agreement with Habitat for this project and the use of American Rescue Plan Act Funds, and the City Council further desires to authorize the Mayor to execute this agreement 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 agreement with Habitat regarding American Rescue Plan Act Funds for this project. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the attached agreement with Habitat on behalf of the City for this project. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2022-11 – Supporting the principles of the 303 Project and the James Dustin Samples Act (Requested by Councilman Webb). RESOLUTION 2022-11 A RESOLUTION IN SUPPORT OF THE 303 PROJECT, ALSO KNOWN AS THE “JAMES ‘DUSTIN’ SAMPLES ACT” WHEREAS, the City Council supports the 303 Project, in breaking the silence and reducing the impact of mental health issue disorders and their results, related to Post- Traumatic Stress Disorder (PTSD), such as suicide and substance abuse among first responders and their families, and WHEREAS, Dustin Samples devoted 22 years of his life to public service, serving first as a Cleveland Police Officer and then Captain for the Cleveland Fire Department, and WHEREAS, In 2014 Captain Dustin Samples was diagnosed with PTSD and began a path of treatment and understanding, becoming a huge advocate for those around him to remove the stigma of mental health issues, and p. 556 REGULAR SESSION FEBRUARY 14, 2022 PAGE -556- MINUTE BOOK 30 WHEREAS, Suicide has become an epidemic in fire service in the United States, and tragically, on December 11, 2020, Dustin took his own life, and WHEREAS, The City Council supports legislative efforts, and the principals outlined in the 303 project, named after Dustin’s badge number (303), and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Cleveland, Tennessee, in regular session assembled this 14th Day of February, 2022 as follows: The City Council supports the principles of the 303 project and the “James ‘Dustin’ Samples Act.” Passed and adopted this 14th day of February, 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Street Light Recommendation – 4th Street NW (Cleveland Utilities does not recommend any additional lighting but if desire by the Council the existing fixtures to be upgraded to a LED fixture at a cost of $140.87). [Council requests that the city parking lot be reviewed to add additional lighting.] • Motion – Declaring K9 Aries to be retired from the Cleveland Police Department and permitting adoption by Officer Tyler McGuire. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Cassada asked if the privacy wood fence along the development on Paul Huff, next to Harbor Freight, would be extended. Mr. Jobe stated yes, it will go the entire length of the back property. Councilman May thanked staff for working on a plan for Michigan Avenue Road. The quicker we get started, the better it will be for everyone due to the number of developments planning over the next year to eighteen months. Councilman Hughes moved to excuse Councilman Webb from today’s meeting. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman Hughes then stated the Caywood Farm on North Lee Highway has sold. Mr. Harry Patel is the purchaser. It could be developed in the future and personally, he will miss seeing the old barn. Vice Mayor Johnson asked for an update on the streetlight for Octavia Blair at 528 15th Street NE. Mr. Fivas stated it has been submitted and we will follow up with Cleveland Utilities. Councilwoman McKenzie congratulated Cleveland City School system in recognition as Best for All School District in the State of Tennessee. This recognizes school districts that are investing in initiatives to benefit students and raising student academic outcome and achievements. The Cleveland City Schools will also receive $250,000 in funding for continued programs. Well done to Dr. Dyer and the Cleveland City School System. Secondly, Councilwoman McKenzie stated the streetlight is out at 1306 Golf Dr SW. p. 557 REGULAR SESSION FEBRUARY 14, 2022 PAGE -557- MINUTE BOOK 30 Councilman Estes stated he has received a lot of praise from citizens concerning Avery Johnson Park. Also, praising the Public Workers who run the knuckleboom picking up debris, and the care and ease they use. Lastly, the residents of 21st Street would like to see some increase police presence to try to slow traffic. Mayor Brooks read the following statement from Councilman Webb: Mayor Brooks and Fellow Cleveland City Council Members: Re: Tennessee State House Bill 1356 and Senate Bill 1023 amends TCA, Title 7, Chapter 51, Part 2; Title 50, Chapter 6 and Title 68, Chapter 102, relative to firefighters. As introduced, the bills enacted the “James Dustin Samples Act.” I requested City Manager Joe Fivas place on today’s agenda a resolution for your consideration the purpose of which is to show our support for the effort to have under certain conditions Post-Traumatic Street Disorder (PTSD) experienced by firefighters recognized as a compensable injury under the Workers’ Compensation Law in the State of Tennessee. The bills introduced in the State of Tennessee Legislature are in memory of Cleveland Firefighter Dustin Samples. Known as “303 Project” the effort to amend the current law refers to Dustin’s badge number 303. I ask you to join me in supporting the concept of the 303 Project by approving the resolution and asking our local delegation in Nashville to do the same. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2022-05 – Rezoning 69.1 acres located on Old Powerline Rd NE and Durkee Rd NE (Tax Map 58 Parcels 34.00, 34.01, 4.00 & 5.00) from IL Light Industrial Zoning District to PUD33 Planned Unit Development Zoning District (Planning Commission: Approved 6-0; 3 absent). ZONING ORDINANCE 2022-05 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 401 DURKEE ROAD SUBDIVISION NW PROPERTY “PUD 33” ON PROPERTY DESCRIBED AS TAX MAP 58 PARCAL 034, 034.01, 004, 055, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 33; 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 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 p. 558 REGULAR SESSION FEBRUARY 14, 2022 PAGE -558- MINUTE BOOK 30 “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 33” subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 33 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 33 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 33, 401 Durkee Road Subdivision Development (name may be revised during the platting process with approval of the Cleveland Municipal Planning, includes property generally identified as Tax Map 058 Parcel 034,034.01, 004, 005. Exhibit A illustrates the overall 401 Durkee Road 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 401 Durkee Road Subdivision Development. The project consists of a mixture of detached single-family homes on small lots and attached single-family dwellings in multi-unit townhome structures. Lots for attached multi-unit townhome units may constitute no more than 55 percent of the overall subdivision lots within the greater development. Exhibit A shows the general location of proposed infrastructure and common areas. In terms of total allowable density, the project shall not exceed one unit per 4000 square feet for lots containing single-family detached homes; two units per 7500 square feet; three units per 10,000 square feet, and four units per 12,500 square feet. The developer shall include common open space designed within the development, including any permanent retention or detention pond areas or landscaped common area. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 33 Subdivision allows for the construction of up to 315 dwelling units in detached single family houses and multi-unit townhome structures with up to four dwelling units per building. Streets, sidewalks, drainage structures, fire hydrants, utilities, and the like are allowed. Residential amenities, outlined by developer in site plan, such as community pool, clubhouse, playground, walkways, and greenspace are required and must be approved by Planning Commission. Nothing herein should be construed as prohibiting the Developer from making further refinements to the development plan of PUD 33 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 401 Durkee Road Subdivision development will comport with the descriptions of the constituent parts of the development which are conceptually described within Exhibit A unless modified by agreement of the Cleveland Municipal Planning Commission and City Council. Home occupations permitted in Cleveland’s zoning ordinance are allowed unless prohibited by the Developer. There are no conditional uses within the PUD 33 district. Uses other than those described as permitted or allowed herein are prohibited. p. 559 REGULAR SESSION FEBRUARY 14, 2022 PAGE -559- MINUTE BOOK 30 Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN. A conceptual plan (Exhibit B) for PUD 33, 401 Durkee Road Subdivision Development was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on January 18, 2022. 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 33 must be generally 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 for any multi-family residential units must be reviewed by the Planning Commission however any modification may not increase the total number of dwelling units beyond 315 units 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 401 Durkee Road Subdivision development may ultimately reflect some alteration in the conceptual plan such as the exact location of each specific residential development typology within 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 33 401 Durkee Road Subdivision development shall be constructed with adequate ROW to accommodate the installation of sidewalks which shall be installed at the expense of the developer. 6.B. PLATS. One or more plats will be prepared for the PUD 33 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. 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 33 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 33 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 33 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 single family residential units of identical elevation types must be separated by at least two different elevations on the same side of the street. This will result in at least three different elevation plans per cluster. No two adjacent single family residential p. 560 REGULAR SESSION FEBRUARY 14, 2022 PAGE -560- MINUTE BOOK 30 home structures shall be built with the similar elevations, façade, or similar color schemes. (reverse elevations do not count as different building elevations). Repair to the roof of any townhome with a common roofline of any adjoining unit must be addressed within the private covenant restrictions. Residential areas must also incorporate a variety of building elements and treatments for single family detached and townhome style housing. Structures must include a minimum of three articulations, change in materials or texture, windows, or other architectural features. All foundations must be made of brick on 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 and townhomes must be of a brick or stone material, exclusive of all garages, doors and windows. No blank walls along street elevations are allowed. One two-inch caliper hardwood shade tree, which is determined acceptable to the City’s Urban Forester, shall be installed within each front yard area, and three for each townhome. Due to the topography of the property any area with a slope greater than 2 ½ to 1 shall be reforested with trees made up of 75% evergreens and 25% deciduous species. Trees shall be provided every 25’. Plantings shall be a minimum of 3’ in height at the time of installation and the developer shall ensure a minimum survivability rate of at least 80% over two years from the original planting. No steep slopes shall be within 15’ of any structure. The developer shall dedicate right-of-way adequate to serve as a 75-foot deceleration lane as well as a center turn lane on Old Powerline Road entrance and Durkee Road entrance. Build out of the center turn lane and deceleration lane shall be required before acceptance of any new street within the subdivision. The developer shall dedicate any right-of-way necessary and shall be responsible for construction of said improvements. The deceleration lane shall be curbed to City standards. The street area adjacent to the acceleration lane and deceleration shall be repaved when constructing these lanes and entrances. 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. 7.A. Building Setbacks The minimum setbacks and lot width requirements single-family detached home sites is 46 feet (townhome sites shall comply with existing city townhome regulations for lot width), front setback requirements are 20 feet, side setback requirements are 10 feet and 3 feet on the remaining side with no less than 13’ between all principal structures. Rear setbacks shall be no less than 25’ from the property line adjoining external lot lines and 15’ for all other rear setbacks. 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; townhome must follow the City’s established process requiring a site plan for construction and a final plat subsequent to construction. Storage sheds 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 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. p. 561 REGULAR SESSION FEBRUARY 14, 2022 PAGE -561- MINUTE BOOK 30 7.B Sidewalks and Amenities 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. A monument style ground sign shall be installed at all entrances to the site. The areas adjoining Durkee Road shall either be provided with a tree preservation plan or a type B buffer for any area not adequate for preservation. Open space shall be maintained at proportion no less than 15% of the total buildable area. 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 clubhouse and pool must include a double buffer with a minimum 6’ tall privacy fence if adjoining any residential areas not within the PUD 33 boundary. All common areas, facilities and landscaping shall be kept in good repair by the developer, future owners or an established homeowners association. A centralized cluster mailbox unit shall be provided for the United States Postal Service. The area around the cluster mailbox unit shall be landscaped and four off street parking spaces shall be provided. A school bus area that includes a small shelter and safety area at the Durkee Road entrance shall constructed for children waiting for school bus. 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 33 401 Durkee Road 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 33, 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. 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 33 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 p. 562 REGULAR SESSION FEBRUARY 14, 2022 PAGE -562- MINUTE BOOK 30 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 Trust Homes of 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 Councilman Cassada moved to approve Zoning Ordinance 2022-05 with staff recommendation of 46’ instead of 40’ lot size. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 563 REGULAR SESSION FEBRUARY 14, 2022 PAGE -563- MINUTE BOOK 30 Mayor Brooks stated Councilman Webb requested the next item to be on the agenda. Discussion of timelines and implementation of the Paul Huff Parkway intersection projects. He has submitted the following statement since he was unable to attend today, which Mayor Brooks read aloud. Mayor Brooks and Fellow Cleveland City Council Members: Several months ago, we discussed upwards of 10 projects designed to alleviate safety and congestion concerns on Paul Huff Parkway. All of the projects hold potential to address many of the concerns we all hear about Paul Huff. I remember we discussed having these projects done in two years from that time. Some of them are in various stages of completion. I recall us making that commitment to the public. Recognizing we have delays with materials and other issues related to Covid, I am asking Manager Fivas and his staff to provide us at the next meeting with a timeline of the design, funding and completion status of each of these projects. I trust we are still anticipating their completion on the previously announced timeline and would like to get an update to that commitment. Councilman Hughes moved to accept Councilman Webb’s request. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Councilman May moved to issue a new Certificate of Compliance to Elxr Wine & Spirits, LLC due to change in the ownership interest of members. The motion was seconded by Councilman Cassada. Councilman Estes asked if staff would review the city ordinance to compare and know where state law supersedes [concerning moving existing locations]. Upon roll call, Councilman May, Councilman Cassada, Councilman Hughes, Councilwoman McKenzie and Vice Mayor Johnson voted aye. Councilman Estes voted no. The motion carries 5:1. ANNOUNCEMENTS Mayor Brooks announced the following: • City offices will be closed on Monday, February 21 in observance of Presidents’ Day. • The next City Council meeting will be held on Monday, February 28, 2022. There being no future business the meeting was adjourned at 3:29 p.m. _________________________________ __________________________________ Mayor City Clerk