Cleveland City Council

p. 595 REGULAR SESSION MARCH 28, 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, MARCH 28, 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, 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; 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; Jonathan Jobe, Development and Engineering Director; Mark Lay; Alex Staup; Charlie Boothe; Elize Goldston; Paulette Pugh and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson, a moment of silence was held for retired city employees Larry Bryant and Engineer Ron “Smokey” Davis who both recently passed away. 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 March 14, 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 No special presentations and public comments. 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 owner to rezone 12.4 acres, more or less, located on King Den Drive (Tax Map 34 Parcel 029.00) from R1 Single Family Residential Zoning District to PUD35 Planned Unit Development. Robert Varnell gave a brief summary of the rezoning request. The item was approved by the Planning Commission 5-0; with 1 recused and 3 members absent. This development will be single-family homes as well as townhomes and will be consistent with the feel of existing neighborhoods. Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning. Ben Berry with Berry Engineering stated he was representing the developer and was available for any questions. Councilman Hughes stated initially he received calls concerning townhomes and after speaking with Mr. Sheehan, he spoke with resident Mitch Long, who was not in agreement with the rezoning. The townhomes will not be seen by King Den Drive. He then asked if the developer considered a gated community. Mr. Berry stated the townhomes will be located in the back of the development, so yes, they will not be seen from King Den Drive. The developer has not discussed a gated community. The biggest challenge with gated communities is the road remain private and maintenance obligations are passed to the homeowners. This development is an expansion of the surrounding neighborhood. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the rezoning. 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 unanimously passed. p. 596 REGULAR SESSION MARCH 28, 2022 PAGE -596- MINUTE BOOK 30 • Street Light Recommendation – Octavia Blair located at 528 15th Street NE (Cleveland Utilities states the fixtures along 15th Street NE comply with city guidelines. The existing fixtures can be upgraded to 41-watt LED fixtures at a cost of $146.70 and an additional 41-watt fixture be installed on an existing pole in the alleyway. Tree trimming is recommended around the pole as well). • Bid Report – Laundry & Dry Cleaning. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: March 28, 2022 RE: Bid Summary – Laundry & Dry Cleaning SUMMARY: Sealed bids were received on March 22, 2022, for Laundry & Dry Cleaning Services. The bids are listed below: VENDOR: Champion Cleaners DRESS PANT 3.50 SPORT COAT (CIVILIAN) 3.50 DRESS SHIRT 3.25 SUIT - 2 PIECES (CIVILIAN) 6.75 EISENHOWER JACKET 4.00 BLACK FATIGUES - 2 PIECES 6.75 SERVICE JACKET, FUR LINED 4.00 JEANS 3.50 DRESS SHIRT, LAUNDRY 1.75 SHORTS 3.50 DRESS PANT, LAUNDRY 3.50 DRESS 5.40 KNIT SHIRT 2.80 BLOUSE 3.50 BROWN FATIGUES, LAUNDRY 3.50 RAINCOAT 5.70 KNIT PULLOVER, LAUNDRY 2.75 SUIT JACKET 3.50 TIES 2.00 VEST 2.70 BULLET PROOF VEST (CARRIER) 3.00 SEWING OF INSIGNIAS 6.00 SWEATER (CIVILIAN) 3.25 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funds are available. RECOMMENDATION: Staff recommends award to Champion Cleaners. The initial term of this contract will be for a one-year period beginning May 1, 2022. • Surplus Property – Declaring SCBA’s from the Fire Department as surplus property and to be sold to a Volunteer Fire Department and/or placed for sale on Tennessee Fire Mutual Aid group. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: March 28, 2022 RE: Surplus Property SUMMARY: The Fire Department has requested the City Council declare the following SCBA’s as surplus property. To be sold to a volunteer fire department and/or placed for sale on Tennessee Fire Mutual Aid group: p. 597 REGULAR SESSION MARCH 28, 2022 PAGE -597- MINUTE BOOK 30 Serial #’s 35008666, 17001649, 3026474, 808003581, 8004977, 210068880, 21006874, OO428596, 2020312, 2020316, 2020320 ,2020376, 2020457, 2020379, 2020313, 2020464, 2020456, 2020304, 2020310, 2020322, 2020307, 301036, 51002510, 2030383, 2020381, 2020303, 2020454, 2020460, 2020375, 2021179, 2020461, 2020451, 2021178, 2020465, 2020470, 2020452, 2020305, 2020368, 2020468, 2020369, 2020994, 2020319, 2020306, 2020366, 2020372, 2020462, 2020378, 2020573, 2020455, 2020314, 817001639 To be donated to Cleveland Utilities: Serial #’s 2020377, 2020463 COMMITTEE FINDINGS: None. FISCAL ANALYSIS: None. RECOMMENDATION: City staff recommends approval of this item. • Reappointment – Building Board of Adjustment and Appeals - Donald Humes for an additional 3-year term to expire January, 2025. UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Webb asked for an update on the potential signal at Stuart Crossing and North Lee Highway. Mr. Fivas stated that was one of two projects submitted to the State for Local Safety Programs and we have not received a response yet. Councilman Webb asked for staff to follow-up and request a timeline. He continued that on Saturday he participated in another tire cleanup event off Exit 20 and Councilwoman McKenzie will have an additional update. Vice Mayor Johnson stated he received a call from Robert Martin on Peerless Road concerning the drainage washing out his front yard. It has been reported to Mr. Myers and he will take a look at the property. Councilwoman McKenzie updated everyone on the last tire cleanup event at Exit 20. Bradley High Football team helped with this event, which we collected 700+ tires. To date we have cleaned up 4,400 tires and still have approximately 2,700 tires left to clean up at this location. Keep America Beautiful has worked hard with organizing the events and we have several additional sites to clean up as well. Secondly, she asked if there is plan from the State to repave South Lee Highway. Mr. Fivas stated it was last repaved in 2016 but staff will reach out for an updated paving list. Councilman Webb added he just received a text from Amanda Peels and the next cleanup will be April 9 and volunteers are needed. Councilman Estes stated Coach Mark Brew who coaches the men’s baseball team at Lee University stopped by during the break and distributed invitations to the Military Appreciation Day annual fund raiser for local veterans. It is a wonderful annual event. Councilman Cassada asked when paving cycles would begin. Mr. Myers stated typically around May. He then thanked Mr. Myers and his staff for taking care of a situation in his neighborhood. Lastly, he asked about where we stand with Jim Sharp Park. Ms. Petitt stated they have a meeting scheduled this week to finalize the contracts. p. 598 REGULAR SESSION MARCH 28, 2022 PAGE -598- MINUTE BOOK 30 Councilman Hughes stated a word of wisdom for Jim Sharp Park would be to follow the design plan of Deer Park. Also, on the April 11 meeting he would like the State Champions Cleveland High School Wrestling Team to be present. We are fortunate in Cleveland and Bradley County to have our high schools win it every year. Several years ago, all three high schools placed First, Second and Third. The students and coaches are committed to the program. They have been invited to attend on April 11, along with the Director and Principal. Councilman Cassada asked if a cake can be provided as well. Mayor Brooks thanked Ms. Petitt and her crew for the repairs to the late-night water leak on the Greenway. Staff responded immediately and had it quickly fixed. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance 2022-06 – Rezoning 12.4 acres, more or less, located on King Den Drive (Tax Map 34 Parcel 029.00) from R1 Single Family Residential to PUD35 Panned Unit Development (Planning Commission: Approved 5-0; 1 recused, 3 absent). ZONING ORDINANCE 2022-06 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 KING DEN "PUD 35" ON PROPERTY DESCRIBED AS TAX MAP 34 PARCEL 029, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 35; 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"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 inSection 3 herein as "PUD 35" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 35 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 35 district is those outlined in this ordinance, including requirements for plan approval, and compliance with applicable permitting requirements. p. 599 REGULAR SESSION MARCH 28, 2022 PAGE -599- MINUTE BOOK 30 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 35, King Den Road Development (name may be revised during the platting process with approval of the Cleveland Municipal Planning, includes property generally identified as Tax Map 34 Parcel 29. Exhibit A illustrates the overall King Den 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 King Den 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. The attached multi-unit townhome units may constitute no more than 44 percent, or 22 units of the of the 50 overall units within the greater development. Exhibit A shows the general location of proposed infrastructure and common areas. The developer shall include common open space designed within the development, including any permanent retention or detention pond areas, or landscapedcommon area. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 35 Subdivision allows for the construction of up to 50 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 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 35 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 King Den 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. Home occupations permitted in Cleveland's zoning ordinance are allowed unless prohibited by the Developer. There are no conditional uses within the PUD 35 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 A) for PUD 35, The King Den Development was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on February 15, 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 PUD35 must be consistent with this Conceptual Plan with regard to development standards and general layout unless subsequently modified by agreement of the Cleveland p. 600 REGULAR SESSION MARCH 28, 2022 PAGE -600- MINUTE BOOK 30 Municipal Planning Commission. Any modification through the platting process 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 developmentrelated 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 King Den 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 PUD35 King Den development shall be constructed with adequate ROW to accommodate the installation of sidewalks which shall be installed atthe expense of the developer. Where and if the Right of Way along King Den Drive is narrow adjacent to PUD 35 and the intention is that the King Den ROW be at least 50 feet in width; therefore, the developer grants additional ROW to the City of Cleveland such that the ROW is at least 25 feet from the existing center line of King Den along the entire property so as to make room for future city improvements to the King Den roadway including sidewalks. Exhibit A shall be modified to reflect any additional ROW needed along King Den. 6.B. PLATS. One or more plats will be prepared for the PUD35 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. 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 35 as envisioned herein. It is a requirement of this ordinance that such documents are in placeand enforced by the Developer (or Developer's heirs, successors, or assigns) to the extent necessary for PUD 35 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 PUD35 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. All Single Family Detached Residential 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 and townhome style housing. Structures must p. 601 REGULAR SESSION MARCH 28, 2022 PAGE -601- MINUTE BOOK 30 include articulation, change in materials or texture, windows, or other architectural features. The front facade of all structures shall contain a minimum of at least 50% of either brick, stone materials, or cement fiber materials. Vinyl Siding is prohibited on the front elevations except when used for soffits and similar accents. 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. The driveways and parking areas for each Townhome shall be separated by a minimum of 3- foot planted landscape strip, therefore allowing for placement of trees and other landscaping. 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. A vertical curb and gutter should be extended along King Den Drive to the development property line. If a ground sign installed it should be a monument style sign. Open space shall be maintained at proportion no less than 20% of the total buildable area. All common areas, facilities and landscaping shall bekept in good repair by the developer, future owners, or an established homeowner’s association. In coordination with Cleveland City Schools, a bus shelter must be placed on the property. A centralized cluster mailbox unit shall be provided, if required by the United States Postal service, and shall include a minimum of 2 off-street parking spaces. This may be combined with site amenity as provided. 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. The minimum setbacks and lot width requirements for single-family detached home sites is 46 feet (townhome sites shall comply with existing city townhome regulations for lot width), front setback requirements are 25 feet, Minimum side setback for single family lots is 3’ on one side and 10’ on the remaining side. Each 3’ side setback must be joined by a 10’ setback on the adjoining lot. Minimum side setback for townhomes is 10’. No setback is required for shared walls of townhouse units, 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; 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. 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 PUD35 King Den 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 p. 602 REGULAR SESSION MARCH 28, 2022 PAGE -602- MINUTE BOOK 30 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 thisordinance 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 PUD35, 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 A 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 PUD35 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 11Developer'' is intended to encompass Kings Den JMINV, LLC 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 ________, 2022. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 603 REGULAR SESSION MARCH 28, 2022 PAGE -603- MINUTE BOOK 30 Councilman May moved that Zoning Ordinance 2022-06 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: • The next City Council meeting will be held on Monday, April 11, 2022. There being no future business the meeting was adjourned at 3:28 p.m. _________________________________ __________________________________ Mayor City Clerk