Cleveland City Council

p. 219 REGULAR SESSION MARCH 10, 2025 3:00 P.M. MINUTE BOOK 32 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, MARCH 10, 2025 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 Councilwoman McKenzie, Councilmen David May, Tom Cassada, Duane Goff, Ken Webb and Dan Moore. Councilman Bill Estes was absent from the meeting. Others in attendance were City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Beverley Lindsey, Assistant to the City Manager; Seth Sumner, Assistant to the City Manager; Assistant Police Stacy Smith; Fire Chief Chris Bates; Dustin Roberts, IT Administrator; Tommy Myers, Assistant City Manager/Transportation and Environmental Services; Jonathan Jobe, Assistant City Manager/Development and Recreation Services; Kim Miller, HR Director; Garrett Frye with Congressman Fleischmann’s Office; Jeff Elliott and Jodi Riggins with Cleveland City Schools; Warbrit Lowery; Matthew Schaler; Ben Berry with Berry Engineers; Sarah Evans; Adam Hammond; Ben MacGowan; Sharon Marr with Mainstreet Cleveland; Bassam Issa and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag, prayer by Vice Mayor Webb, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Webb moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on February 24, 2025 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. Vice Mayor Webb moved to excuse Councilman Estes from today’s meeting. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS There were 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 Charles Pitner for consideration of an ordinance to zone about .16 acres, more or less, for property located at Fair Street from CG General Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group C Parcels 031.00 (Planning Commission: Approved 8-0; 1 absent). Mr. Varnell stated this is a lot that is zoned general commercial, but the size and location is suited for single/multi family homes. The Planning Commission and staff recommends approval. Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the request. 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 a request by Real Life Village Inc. for consideration of an ordinance to amend PUD 47 to remove the 50-foot right of way dedication requirement (Planning Commission: Approved 8-0; 1 absent). Mr. Varnell stated this is a property we did preliminary engineering and review of a possible roadway connecting through the PUD but didn’t seem reasonable. We will have Greenway easements for future expansion of the Candies Creek Greenway along Real Life Village. The Planning Commission and staff recommends approval. Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor p. 220 REGULAR SESSION MARCH 10, 2025 PAGE -220- MINUTE BOOK 32 Brooks asked if anyone would like to speak in opposition to the request. 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 a request by multiple property owners for consideration of an ordinance to zone about 3.73 acres, more or less, for property located at Valley Head Rd. from R-1 Single Family Residential Zoning District to PUD 63 and includes Tax Map 034I Group D Parcels 002.00-007.00 (Planning Commission: Approved 7-0; 1 absent, 1 recused). Mr. Varnell stated this PUD development will be townhome style, and the density is fairly in line to what is consistent for the area. The Planning Commission and staff recommends approval. Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the request. 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 a request by Dennis Botts for consideration of an ordinance to abandon a section of unopened right-of-way located along Johnson Boulevard and ending at the city limits along Tax Map 058I Group C Parcel 005.00 (Planning Commission: Approved 8-0; 1 absent). Mr. Varnell stated all property owners have agreed with the abandonment and will be utilized as part of the lot, which will return to the tax roll. The Planning Commission and staff recommends approval. Mayor Brooks asked if anyone would like to speak in favor of the request. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the request. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Mayor Brooks stated the Consent Agenda was presented to the Council during the Work Session. Councilman May moved to approve the following items from the Consent Agenda. The motion was seconded by Vice Mayor Webb; and upon roll call, unanimously passed 6-0. • Resolution 2025-18 – Authorizing the Mayor to sign a letter agreement to be considered a holdover licensee with TDOT until a License Agreement to construct and maintain sidewalks can be renewed. RESOLUTION 2025-18 WHEREAS, the City Council previously approved a license agreement with the Tennessee Department of Transportation (“TDOT”) dated February 23, 2015; and WHEREAS, a copy of the license agreement dated February 23, 2015, is attached to this Resolution, and incorporated herein by reference; and WHEREAS, TDOT recently sent a letter to the City dated March 4, 2025, indicating that the license has expired; and WHEREAS, the letter provides the City with the opportunity to be considered a holdover licensee until a new license agreement can be prepared by TDOT and the license can be renewed for a new term; and WHEREAS, the City Council desires to enter into the attached letter agreement dated March 4, 2025, with TDOT and to further authorize the Mayor to execute the attached letter agreement dated March 4, 2025, 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 letter agreement with TDOT dated March 4, 2025, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. p. 221 REGULAR SESSION MARCH 10, 2025 PAGE -221- MINUTE BOOK 32 This 10th day of March 2025. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution 2025-19 – Authorizing the Mayor to sign a request for consent to assignment with APAC-Atlantic, Inc. from Talley Construction. RESOLUTION 2025-19 WHEREAS, the City of Cleveland and Talley Construction Company, Inc. (hereafter “Talley”) previously entered into two paving agreements which are currently active agreements; and WHEREAS, one current agreement with Talley is for Paul Huff Parkway resurfacing, and the other agreement with Talley is for annual street paving; and WHEREAS, APAC-Atlantic, Inc. has notified the City by the attached letter February 21,2025, that Talley has sold substantially all of its assets to APAC-Atlantic, Inc.; and WHEREAS, APAC-Atlantic, Inc. is requesting that the City execute the attached letter dated February 21, 2025, consenting to the assignment of the rights and responsibilities under the existing agreements with Talley from Talley to APAC-Atlantic, Inc.; and WHEREAS, there will be no changes to the terms of the existing agreements with Talley, except that APAC-Atlantic, Inc. will assume the rights and responsibilities of Talley under these agreements; and WHEREAS, the City Council desires to approve of this request for consent to assignment with APAC-Atlantic, Inc. and to authorize the Mayor to execute the consent to assignment letter dated February 21, 2025, 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 request for consent to assignment with APAC-Atlantic, Inc., and the City Council further authorizes the Mayor to execute the consent to assignment letter dated February 21, 2025, on behalf of the City of Cleveland. This 10th day of March, 2025. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Motion –Approving a Conflict Consent for Miller Martin Law Firm. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilman Cassada inquired about the dirt/debris pile on Georgetown Road next to the church. Mr. Fivas stated we are not directly involved but we understand they are looking for permits from the State for the ability to move the dirt around. At the end of the project, the owners would like to redevelop the property. Councilman Cassada then requested the following letter be placed in the minutes concerning his recent experience at Bradley Medical Center. p. 222 REGULAR SESSION MARCH 10, 2025 PAGE -222- MINUTE BOOK 32 Councilman May had no report at this time. Councilman Goff inquired about the parking lot lighting at the soccer fields. Mr. Fivas replied yes, we have had ongoing conversations and as part of an agreement the Council will have in the next thirty days, we have improvements included and will be put on a schedule to be addressed. p. 223 REGULAR SESSION MARCH 10, 2025 PAGE -223- MINUTE BOOK 32 Vice Mayor Webb had no report at this time. Councilman Moore had no report at this time. Councilwoman McKenzie stated over the weekend was the annual Tinsley Park clean up by the American Heritage Girls. They did a wonderful job. Also, the annual luncheon for Bradley/Cleveland Keep America Beautiful will be held on March 21. NEW BUSINESS AND ORDINANCES Councilman Goff moved to send the Modification of PUD Minimum Lot Requirements Memo from Robert Varnell back to the Planning Commission for further discussion. The motion was seconded by Councilman Moore. Mr. Fivas clarified to staff or the Planning Commission; as the memo came from staff for Council direction on how to proceed with PUD minimum lot requirements. The Council does not need to do anything with the policy. If the Council wants 42’ lots, then do it. If you want to keep 46’, keep it. Councilman Cassada stated it should be sent back to Robert Varnell and his discretion to send it to Planning Commission. Councilman Goff amended his motion for the memo go back to Mr. Varnell and the Planning Staff. Councilman Moore amended his second. Upon roll call, the motion was approved 6:0. TO: Mayor and City Council FROM: Robert W. Varnell, Director of Planning and Community Development DATE: March 10, 2025 RE: PUD Standards SUMMARY: City staff focus on providing solid information for development proposals to applicants which allow for as seamless a process as feasible. The utilization of PUD oriented development over the past 20 years has provided a high level of commercial and residential developments. These options are continually evolving based on market dictated terms. RECOMMENDATION: While the central them of doing a PUD development is to provide for areas of flexibility on both the City and applicants side, some consistent standards are useful in planning development impacts on future service delivery for City departments. Staff recommends the following in relation to lot size discussions moving forward: Typical Greenfield Development: allow for a minimum of a 50’ wide lot average (lot sizes counted in the average cannot be under 46’ or over 75’ in width). This grants flexibility in lot placement and design. Mixed-use developments which have a minimum 25% commercial component and are situated with infrastructure that can sustain increased density: allow for a minimum 42’ lot width where the following criteria are met: 1. Rear-loaded lots only with use of alleys and which provide for a minimum of 4 off-street parking spaces (not including garages). 2. No overnight parking on the street, unless the design includes specific parallel on-street parking options to be approved on a case-by-case basis; 3. Pedestrian network – is included on both sides of the road and provides connectivity to the commercial component, open space(s), and other amenities throughout; p. 224 REGULAR SESSION MARCH 10, 2025 PAGE -224- MINUTE BOOK 32 4. Open Space/Amenity – Usable space which meets or exceeds 15% of the developable area, cannot include stormwater facilities, slopes in excess of 4:1, or wetlands and have some usable amenities included; 5. Architectural standards – Provide an array of housing options which break-up the standard facades, utilize brick/stone/cement fiber options only; 6. Unit count – does not exceed 115 total units and is at least 60% single-family detached housing options….. The following Ordinance was then presented in full: b. Zoning Ordinance 2025-07 - Concerning a request by Bassam Issa for consideration of an ordinance to zone about 36 acres, more or less, for property located at APD-40 from IH Heavy Industrial Zoning District to PUD 60 and includes Tax Map 065 Parcel 001.00 (Planning Commission: Approved 7-2). ZONING ORDINANCE 2025-07 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 APD 40 AT HOLLOWAY CORNER "PUD 60" ON PROPERTY DESCRIBED AS TAX MAP 065 PARCEL 001.00, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 60; 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 in Section 3 herein as "PUD 60" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 60 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 60 district are outlined in this ordinance, including requirements for plan approval, and compliance with applicable permitting requirements.  p. 225 REGULAR SESSION MARCH 10, 2025 PAGE -225- MINUTE BOOK 32 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 60, Holloway Corner Development (name may be revised during the platting process with approval of the Cleveland • Municipal Planning) includes property generally identified as Tax Map 065 Parcel 001.00. Exhibit A illustrates the overall APD 40 at Holloway Road 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 APD 40 at Holloway Roa development. The project consists of a Townhome neighborhood which includes a clubhouse, pool, and other amenities. The developer shall include any permanent retention or detention pond areas or landscaped common areas. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 60 Subdivision allows for the construction of up to 115 residential units in single-unit or townhouse units not exceeding four stories. Streets, sidewalks, drainage structures, fire hydrants, utilities, and the like are allowed. Residential amenities such as a community clubhouse, park shelters, benches, or tables, are allowed in the common area and will be reviewed by the Planning Director for consistency with the approved plan. Nothing herein should be construed as prohibiting the Developer from making further refinements to the development plan of PUD 60 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 residential uses within the PUD 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 Developer covenants and restrictions. Commercial uses to include restaurants, with or without drive-thru services, retails services such as multi-tenant structures, offices, and the like. Specifically excluded uses are climate controlled and mini-warehouse storage units, auto, tire and oil change facilities, all sex-outlet related uses, and car washes. Billboards are prohibited. Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN. A conceptual plan (Exhibit A) for PUD 60, The APD 40 at Holloway Corner Development PUD was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on November 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 PUD 60 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. However, any modification may not increase the total number of dwelling units beyond 115 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 PUD development may reflect some alteration in the conceptual plan such as the exact location of each specific residential unit and type within the designated 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  p. 226 REGULAR SESSION MARCH 10, 2025 PAGE -226- MINUTE BOOK 32 these relate to adjoining properties and infrastructure (e.g., external intersection locations, buffers with external properties, etc.). All streets or access drives within the PUD 60 development shall be constructed with adequate width to accommodate the installation of sidewalks which shall be installed at the expense of the developer. Further specification of intersection design requirements and other infrastructure standards will be specified prior to platting. PLATS. One or more plats will be prepared for the PUD 60 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. PRIVATE DEVELOPMENT DOCUMENTS. The Developer shall prepare and implement such master covenants, restrictions, homeowner association documents, common area agreements, and the like which the Developer determines are necessary to carry out the development of PUD 60 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 60 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 60 shall be those established in this ordinance. Where development standards are not otherwise included in this ordinance, the standards shall be those in the R2 Townhome residential zone from the City of Cleveland's zoning regulations. 7.A. Building Lot Size & Setbacks Townhouse building setbacks shall be 25’ for the front, 15’ rear setback, and 5’ side setback. The front setback may be reduced to 15' for the side yard of corner lots and for units with side or rear yard parking/driveways. No setback is required for shared walls of townhouse units. Storage sheds and similar accessory structures, if allowed by the Development restrictions, 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 development restrictions, are to maintain the required setbacks for the primary structure. Open patios and decks may extend to within 10 feet of a rear property line. 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. Single family Detached Lots; Setbacks: Front: 25' Side: 5' Rear: 15' Min Lot Width: 42' Section 7.B Sidewalks, Common Area, & Amenities 1. Sidewalks shall be provided on both sides of all new streets within the subdivision, where shown on the conceptual plan. Sidewalks connections shall be made to the commercial section fronting APD40. 2. A front yard landscaped area shall be provided along the interior drive separating the commercial and residential areas of the development. This shall include landscaping throughout and a sidewalk.  p. 227 REGULAR SESSION MARCH 10, 2025 PAGE -227- MINUTE BOOK 32 3. All utilities shall be placed outside of the street except for required crossings, any crossing shall be approved by the City. 4. The minimum open space provided shall be a minimum of 20%. A portion of the open space shall be easily accessible and usable by the residents and shall include a dog park, passive parks, and walking trails. 5. A centralized cluster mailbox unit shall be provided, if required by the United States Postal service, and shall include a minimum of two off-street parking spaces per 50 units. 6. Additional overflow parking shall be provided with the mail kiosk and amenities which is in an off-street parking area. 7.C Miscellaneous Standards 1. The exterior façades of all structures shall be comprised of brick, stone, or fiber cement board materials (no vinyl siding except for accents such as soffits & fascia). All foundations shall be brick or stone. 2. Residential buildings must incorporate a variety of building elements and treatments for single family detached and townhome style housing. Structures must include articulation, change in materials or texture, windows, or other architectural features. Repair to the roof of any townhome with a common roofline of any adjoining unit must be addressed within the private covenant restrictions. 3. All residential structures shall have a minimum one car garage and 3 of street parking spaces. 4. A two-inch caliper hardwood shade tree which is determined acceptable to the City's Urban Forester shall be installed at the property lines between freestanding buildings of townhomes and in the front yard of each single-family detached home. Front driveways/parking areas of townhomes shall be separated by a minimum of one 3' planted landscape strip (not grass or stone). 5. Attempts shall be made to preserve existing trees where possible along the outer edges of the development. 6. On-street parking shall be limited to guest and temporary parking. The parking of commercial vehicles, tractor-trailer cabs, commercial equipment, mobile homes, recreational vehicles, ATVs, boats and other watercraft, trailers, stored vehicles, or inoperable vehicles is not allowed. Parking is prohibited between the hours of 12:00am and 6:00am. 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 60 APD 40 at Holloway Road 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. p. 228 REGULAR SESSION MARCH 10, 2025 PAGE -228- MINUTE BOOK 32 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 PUD44, 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 PUD 60 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 APD 40 at Holloway Road Developers 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 no 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 state 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 AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilwoman McKenzie moved that Zoning Ordinance 2024-07 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, Councilwoman McKenzie, Councilman May, Councilman Goff, Councilman Moore, and Vice Mayor Webb voted aye. Councilman Cassada voted no. The motion carried 5:1. p. 229 REGULAR SESSION MARCH 10, 2025 PAGE -229- MINUTE BOOK 32 The following Ordinance was then presented in full: c. Zoning Ordinance 2025-10 - Concerning a request by Charles Pitner for consideration of an ordinance to zone about .16 acres, more or less, for property located at Fair Street from CG General Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group C Parcels 031.00 (Planning Commission: Approved 8-0; 1 absent). Zoning Ordinance 2025-10 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, rezoned from CG General Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District Approximately .16 acres, more or less, located on Fair Street as shown on the attached map. For reference, the same property is being shown on Tax Map 058H Group C Parcel 031.00 in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman May moved that Zoning Ordinance 2024-10 be voted for passage on first reading. The motion was seconded by Councilman Moore; and upon roll call, unanimously passed. p. 230 REGULAR SESSION MARCH 10, 2025 PAGE -230- MINUTE BOOK 32 The following Ordinance was then presented in full: d. Ordinance 2025-11 - Concerning a request by Real Life Village Inc. for consideration of an ordinance to amend PUD 47 to remove the 50-foot right-of-way dedication requirement (Planning Commission: Approved 8-0; 1 absent). ORDINANCE 2025-11 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 TO ESTABLISH A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT KNOWN AS "PUD 47" ON CERTAIN PROPERTY LOCATED NEAR LEGACY PARKWAY (TAX MAP 041 PARCEL 005.30) AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 47; MAKING VIOLATIONS OF THE ORDINANCE UNLAWFUL AND PROVIDING FOR PENALTIES; ESTABLISHING A LIST OF PERMITTED USES; ESTABLISHING CONDITIONS FOR MITIGATION OF NOISE AND VIBRATION; ESTABLISHING SITE PLAN REQUIREMENTS; ESTABLISHING REQUIREMENTS FOR TRAFFIC CIRCULATION ON AND ADJACENT TO THE SITE AND PARKING, FIRE LANES, AND SERVICE AND DELIVERY VEHICLES; ESTABLISHING REQUIREMENTS FOR IMPERVIOUS AREAS, STORMWATER MANAGEMENT, LANDSCAPING, TREE PRESERVATION, BUFFERING, LIGHTING; ESTABLISHING REQUIREMENTS FOR GENERAL APPEARANCE, SIGNAGE AND OUTDOOR DISPLAYS; ESTABLISHING REQUIREMENTS FOR LITTER AND SOLID WASTE CONTROL AND DRAINAGE STRUCTURE MAINTENANCE; STATING RESPONSIBILITY FOR COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS; REQUIRING PROPER SUBDIVISION AND SITE PLANNING; REQUIRING A PUD DEVELOPMENT PLAN; PROVIDING FOR TIME LIMITS AND POSSIBLE REVERSION TO THE FORMER ZONING CLASSIFICATION; PROVIDING FOR ERRORS AND OMISSIONS AND POSSIBLE FUTURE REVISIONS TO THE PUD; COMMUNICATING THE BINDING EFFECT OF THE ORDINANCE UPON OTHERS; 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; whereas the City desires to establish a unique zoning district with special use restrictions and development standards for the property described herein through the adoption of this PUD, NOW THEREFORE BE IT ORDAINED: Section 1. ZONING PLAN AND MAP AMENDMENT. The zoning plan and map are hereby amended so as to zone the property described in section 2 herein as "PUD 47" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 47 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for PUD 47 district are 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 a 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. p. 231 REGULAR SESSION MARCH 10, 2025 PAGE -231- MINUTE BOOK 32 Section 3. PROPERTY DESCRIPTION. PUD 47, Legacy Parkway Development (name may be revised during the platting process with approval of the Cleveland Municipal Planning) includes property generally identified as Tax Map 041 Parcel 005.30. Exhibit A illustrates the overall Legacy Parkway 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 Legacy Parkway Development. The project consists of a mixture of residential and public institutional uses associated with the non-profit entity that will be located on site as well as future residential uses not associated with the non-profit entity. The developer shall include any permanent retention and detention pond areas or landscaped common areas. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 47 development allows for the construction of residential and general commercial entities with uses specified in within R-2 Low Density Single and Multi-Family Zoning District and allowable uses within CG General Commercial Zoning District. Specifically prohibited uses include outdoor firing ranges, racetracks, car washes, storage facilities, and adult businesses or sex outlets as defined by the City's Zoning Ordinance. Section 6. CONCEPTUAL PLAN AND RELATED REQUIREMENTS. 6.A. CONCEPTUAL PLAN A conceptual plan (exhibit A) for PUD 47, Legacy Parkway Development, was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on September 19th, 2023. The concept 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 47 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. However, any modification may not increase the total number of dwelling units beyond 35 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 PUD development may reflect some alteration in the conceptual plan such as the exact location of each specific building and type within the development area. 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 on another, and not violate any feature of this ordinance as these relate to adjoining properties and infrastructure (e.g., external intersection locations, buffers with external properties, etc.) All streets or access drives within the PUD 47 development shall be constructed with adequate width to accommodate the installation of sidewalks which shall be installed at the expense of the developer. Further specification of intersection design requirements and other infrastructure standards will be specified prior to platting. 6.B PLATS One or more plats will be prepared for the PUD 47 property by the Developer for approval in accordance with the City of Cleveland, Tennessee subdivision regulations. These plats will describe and dedicate public streets and 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, homeowner association documents, common area agreements, and the like which the Developer determines are necessary to carry out the development of PUD 47 as envisioned herein. It is a requirement of this ordinance that such documents are in place and enforced by the Developer (or Developer's p. 232 REGULAR SESSION MARCH 10, 2025 PAGE -232- MINUTE BOOK 32 heirs, successors, or assigns) to the extent necessary for PUD 47 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 party to them. Section 7. DEVELOPMENT STANDARDS The development standards for PUD 47 shall be those established in this ordinance. Where development standards are not otherwise included in this ordinance, the standards shall be those in the R-2 Low Density Single and Multi-Family residential zone for residential development and CG General Commercial zoning for commercial development from the City of Cleveland's zoning regulations. A 25' buffer shall be established between the non-profit development and associated amenities and the greenway right-of-way for mutual enhancement. The general appearance for all development within the PUD 47 development area shall be in accordance with the IGC Interstate Gateway District Standards outlined in section 2.20 of the Cleveland, TN Zoning Ordinance. A monument style ground sign shall be installed at the primary entrance(s) to the site. All common areas, facilities, and landscaping shall be kept in good repair by the developer, future, owners, or an established homeowner's association. Once established, the homeowner's association shall enforce a no overnight parking within the Rights-of-way for emergency service access. Centralized cluster mailbox units shall be provided, if required by the United States Postal Service, and shall include a minimum of 3 off-street parking spaces per. These may be combined with site amenities 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. All stormwater detention/retention areas will be screened from public ROW. Each single-family residential lot must provide a minimum of 2 off-street parking spaces, therefore reducing on-street parking and traffic congestion. The minimum lot width requirements for single-family detached home sites are 60 feet and the depth requirements are 100 feet. The front setback requirements are 15 feet, side setback requirements are 5 feet, and rear setbacks shall be no less than 15' from the property line. Site specific 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. Townhomes must follow the City's established process requiring a site plan for construction and a final plat after 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 5 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. Retaining walls as needed for the grading of building pads should maintain a 5-foot setback. Walls greater than four feet in height must be reviewed and approved by the City of Cleveland Director of Development and Engineering Services prior to the issuance of a building permit. 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 Residential Zoning District shall apply for any standards this ordinance does not address concerning residential development and CG General Commercial zoning for commercial development. The developer shall dedicate a 50-foot-wide strip of unopened right-of-way along the front of the parcel which borders Interstate 75 Right-of-way for future road development by the City of Cleveland. p. 233 REGULAR SESSION MARCH 10, 2025 PAGE -233- MINUTE BOOK 32 The developer shall dedicate a 20’ wide easement which borders Interstate 75 right-of-way for future greenway expansion. Public Utilities shall be designed outside of the curb-to-curb area, except for reasonable crossings where necessary. The Director of Planning and Community Development, or their assigns, may allow deviations to utility locations when given a reasonable explanation for the deviation. Section 8. COMPLIANCE WITH OTHER APPLICABLE LAWS AND PERMITTING REQUIREMENTS. The Developer, and its assigns or successor in title, is responsible for obtaining all federal, state, and local permits required for the construction of the Proposed PUD 47 Legacy Parkway 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 structed 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 47, 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 PUD 47 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 Real Life Village 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 passage and upon the execution of the development order as described above, the public convenience and necessity requiring it. p. 234 REGULAR SESSION MARCH 10, 2025 PAGE -234- MINUTE BOOK 32 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Vice Mayor Webb moved that Ordinance 2024-11 be voted for passage on first reading. The motion was seconded by Councilman Goff; and upon roll call, unanimously passed. The following Ordinance was then presented in full: e. Zoning Ordinance 2025-12 - Concerning a request by multiple property owners for consideration of an ordinance to zone about 3.73 acres, more or less, for property located at Valley Head Rd. from R-1 Single Family Residential Zoning District to PUD 63 and includes Tax Map 034I Group D Parcels 002.00-007.00 (Planning Commission: Approved 7-0; 1 absent, 1 recused). ZONING ORDINANCE 2025-12 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 VALLEY HEAD ROAD PROJECT "PUD 63" ON PROPERTY DESCRIBED AS TAX MAP 034I GROUP D PARCELS 03.00-07.00, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 63; 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 in Section 3 herein as "PUD 63" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 63 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 63 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. p. 235 REGULAR SESSION MARCH 10, 2025 PAGE -235- MINUTE BOOK 32 Section 3. PROPERTY DESCRIPTION. PUD 63, Valley Head Road Project (name may be revised during the platting process with approval of the Cleveland Municipal Planning, includes property generally identified as a portion of Tax Map 034I D Parcels 002.00-007.00. Exhibit A illustrates the overall Valley Head Road Project 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 Valley head Road Project. The project consists of townhomes homes, detached single family homes, and duplexes with central common areas. Exhibit A shows the general location of proposed infrastructure and common areas. In terms of total allowable density, the project shall not exceed 38 total units. The common open space designed within the development may include any permanent retention or detention pond areas or landscaped common area. Section 5. PERMITTED USES AND PROHIBITED USES. The PUD 63 Subdivision allows for the construction of up to 38 residential units in triplex and quadplexes without amending this ordinance. 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 63 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 Valley Head Road 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 63 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 63, Valley Head Road was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on February 18, 2025. 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 63 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. 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 development may ultimately reflect some alteration in the conceptual plan such as the exact location of each specific feature within the development. 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.). Units will only be accessible from interior drives with a maximum of 2 driveway/access way cuts along Valley Head Road. Sidewalks are required along the Valley Head Road frontage in accordance with the sidewalk ordinance for the City of Cleveland. Where Valley Head Road Right-of-way does not meet the minimum 50’ width needed for collector streets, right-of-way shall be provided that equals 25’ from the centerline of the existing road. 6.B. PLATS. One or more plats will be prepared for the PUD 63 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 p. 236 REGULAR SESSION MARCH 10, 2025 PAGE -236- MINUTE BOOK 32 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. Townhomes may be platted with frontage onto a private drive in lieu of a public street. The private drive shall contain an access easement allowing for shared use by the townhomes that it abuts. 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 63 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 63 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 63 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 and townhouse regulations from the subdivision ordinance. 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 Lot Size & Setbacks Setbacks shall be governed by R-2 zoning requirements. Storage sheds and similar accessory structures, if allowed by the Development restrictions, 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 development restrictions, are to maintain the required setbacks for the primary structure. Open patios and decks may extend to within 10 feet of a rear property line. 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. Section 7.B Sidewalks, Common Area, & Amenities 1. Sidewalks are required along the property frontage along Valley Head Road. 3. The minimum open space provided shall be a minimum of ¼ acre. A portion of the open space shall be easily accessible and usable by the residents. 4. A centralized cluster mailbox unit shall be provided, if required by the United States Postal service, and shall include a minimum of two off-street parking spaces. 5. Central dumpsters shall be utilized in lieu of individual trash cans and shall be placed in areas accessible to all units. 7.C Miscellaneous Standards 1. The exterior façades of all structures shall be comprised of brick, stone, or fiber cement board materials (no vinyl siding except for accents such as soffits & fascia). All foundations shall be brick or stone. 2. A minimum of two- and one-half parking spaces per dwelling unit is required. 3. A two-inch caliper hardwood shade tree which is determined acceptable to the City's Urban Forester shall be installed between freestanding buildings. Front driveways/parking areas for each structure shall be separated by a minimum of one 3' planted landscape strip (not grass or stone). 4. Attempts shall be made to preserve existing trees along the perimeter of the development however, the city tree preservation requirements are not otherwise applicable. An additional 10’ buffer shall be required along the single-family structures to the south and west and must include a single row of evergreen trees and one shade tree per 50 linear feet. p. 237 REGULAR SESSION MARCH 10, 2025 PAGE -237- MINUTE BOOK 32 5. A landscape street yard no smaller than 5' in width shall be installed along Valley Head Road to provide privacy and to maintain a high-quality appearance. This street yard shall include various trees and shrubs as approved through staff site plan review. 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 PUD63 Valley Head Road. 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 PUD46, 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 PUD63 zoning district and is binding upon the 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 owner 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 passage and upon the execution of the development order as described above, the public convenience and necessity requiring it. p. 238 REGULAR SESSION MARCH 10, 2025 PAGE -238- MINUTE BOOK 32 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Moore moved that Zoning Ordinance 2024-12 be voted for passage on first reading. The motion was seconded by Councilman Goff; and upon roll call, unanimously passed. The following Ordinance was then presented in full: f. Ordinance 2025-13 - Concerning a request by Dennis Botts for consideration of an ordinance to abandon a section of unopened right-of-way located along Johnson Boulevard and ending at the city limits along Tax Map 058I Group C Parcel 005.00 (Planning Commission: Approved 8-0; 1 absent). ORDINANCE 2025-13 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of-way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed right-of-way abandonment has bee properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right- of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OC CLEVELAND, TENNESSEE: 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: Beginning at the northwest corner of Tract 4 of the lands of Dennis and Marcia Botts, as recorded in BCROD deed book 3050 page 459, said point also being located in the eastern right of way of Johnson Blvd; thence with the eastern right of way of Johnson Blvd in a northerly direction along a curve Delta=2 degrees 41 minutes 28 seconds, T= 5.99’, R=255.00’, L=11.98’, Chord=north 11 degrees 40 minutes 57 seconds west, 11.98 feet to a point; thence south 68 degrees 18 minutes 3 seconds east, 153.38 feet to a point; thence south 20 degrees 41 minutes 52 seconds west, 10 feet to a point; thence north 68 degrees 18 minutes 3 seconds west, 146.97 feet to the point of beginning. 2. RETENTION OF EASEMENTS: The City shall retain an easement to maintain access to public electric facilities as long as they remain in place. p. 239 REGULAR SESSION MARCH 10, 2025 PAGE -239- MINUTE BOOK 32 3. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 4. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 5. EFFECTIVE DATE: This ordinance shall take effect from and after its passage on final reading and after the time that any parcel which does not currently have road frontage is re-platted to obtain the necessary frontage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance 2024-13 be voted for passage on first reading. The motion was seconded by Councilman Moore; and upon roll call, unanimously passed. p. 240 REGULAR SESSION MARCH 10, 2025 PAGE -240- MINUTE BOOK 32 The following Resolution was then presented in full: RESOLUTION 2025-20 WHEREAS, the Tennessee Department of Transportation is proceeding with the TDOT Highway 60 road widening project (TDOT Project No. 06009-2218-14, Federal No. NH-60(13), PIN # 101430.01); and WHEREAS, TDOT needs to obtain a permanent drainage easement and a temporary construction easement from the City of Cleveland across the parcel of land generally described as Tax Map 033 122.00, which parcel is located on Georgetown Road, and which parcel is titled to the City of Cleveland, Tennessee for the use and benefit of the Cleveland Board of Education, and which parcel is the location of Cleveland Middle School; and WHEREAS, the proposed easements and the compensation to be paid by the State of Tennessee for these easements is described in the attached documents; and WHEREAS, the City Council desires to grant the requested easements to TDOT for the Highway 60 project and accept the compensation offered by TDOT for these easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City Council hereby consents to and grants approval of the easements described in the attached documents, and the City Council hereby accepts and approves of the compensation offered by TDOT for these easements, and the City Council hereby authorizes the Mayor to execute any and all documents which may be necessary or appropriate in connection with the granting of the easements described herein. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution 2025-20 be accepted as presented. The motion was seconded by Councilman Goff; and upon roll call, unanimously passed. Mr. Fivas stated our financial consultant was slated to be here on March 24 but one Councilmember will be out. He then asked for two suggested dates on rescheduling the Budget Planning Session. After a brief discussion, it was determined to check availability for dates March 26, 27 or April 2, 3. ANNOUNCEMENTS Mayor Brooks announced the following: a. The next City Council meeting will be held on Monday, March 24, 2025. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 4:22 p.m. _________________________________ _________________________________ Mayor City Clerk