Cleveland City Council

p. 422 REGULAR SESSION JUNE 23, 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, JUNE 23, 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 Bill Estes, Tom Cassada, David May, Duane Goff, and Dan Moore. Vice Mayor Webb 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; Sue Zius, Administrative Coordinator; Beverley Lindsey, Assistant to the City Manager; Police Chief Mark Gibson; Fire Chief Chris Bates; Coty Smith, IT Technician; Tommy Myers, Assistant City Manager/Transportation and Environmental Services; Jonathan Jobe, Assistant City Manager/Development and Recreation Services; Officer Jon Prince; Cathy Andrews, CDBG Coordinator; Jeff Elliott; Cindy Geren, Hal Taylor, Cody Raper, Jessica Bigham, Christy Duncan, Sara Whitener, Kellye Bender, Kelly Kiser, Cliff Eason, Kim Bradford, Randall Stephens, Valery Taylor; Michael Chai, Brandi King, and Autumn O’Bryan with Cleveland City Schools; Doug Berry with the Chamber of Commerce; Chris Berry with Berry Engineers; Lucy Rymer with the Museum Center; Garrett Frye with Congressman Fleischmann’s Office; Joel Lyon, Ken Bausch and Tim Siniard with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag, prayer by Fire Chief Bates, who held a moment of silence for Steve Bivens, the following business was then entered into: Councilman Cassada moved to excuse Vice Mayor Webb from today’s meeting. The motion was seconded by Councilman Goff; and upon roll all, the motion carried 6:0. WAIVE READING OF MINUTES Councilman May 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 June 9, 2025 and approve them as written. The motion was seconded by Councilman Estes; and upon roll call, the motion carried 6:0. 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 Benny Casteel for consideration of an ordinance to zone about 6.65 acres, more or less, for property located at Old Tasso Road from R-2 Low Density Single and Multi-Family to PUD 66 and includes Tax Map 050 001.01 (Planning Commission: Approved 7-0; 2 absent). Robert Varnell stated this request is for single family detached homes and have minimized the lot depths. The PUD does require an open space playground and a right- turn deceleration lane. 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 Berry Properties LLC to amend PUD 46 to allow a 34-foot- wide lot minimum for rear loading lots along Hardwick Way and a minimum lot size of 3,100 square feet (Planning Commission: Approved 6-0; 1 recused, 2 absent). Robert Varnell stated he would like the following staff report, which he reviewed in depth, to be included in the minutes. p. 423 REGULAR SESSION JUNE 23, 2025 PAGE -423- MINUTE BOOK 32 SUMMARY: Applicant: Berry Properties LLC Site Address: Hardwick Way and Belcourt Dr. Tax Map: 042 058.02 Area: 1.12 acres Current Zone: PUD 46 Request: Approval of PUD amendment Sewer/Water: Yes Council District: District 4 – David May Jr. The PUD amendment request is to allow a minimum lot width of 34-feet with a square footage total of 3,100 square feet. This is in reference to the single-family homes located along Hardwick Way. The concept plan which was approved in November 2023 did show the homes on individual lots but the measurements were not included. The approved PUD language reflects a minimum of 46-foot-wide lots for 20% of the lots—the other 80% is required to be 50-feet wide which is consistent with development standards across the city. Subsequently, submitted and approved site plans reflected all of the units currently in question to be located on one lot and followed the approved PUD standards. The proposed changes to the PUD are not consistent with any standards approved in the recent past. Staff works hard with developers, elected and appointed officials, and the general public to put forth the best development outcomes for the benefit of the City and its residents. Items such as lot size, setbacks, and other specific requirements should ideally be set and agreed upon by both the developer and the City before any construction begins. When that does not occur, situations arise such as a developer of a 4 unit “quadplex” attempting to come back and subdivide the units individually, and in many cases, this can be difficult to accomplish if not impossible. Staff agrees that there is benefit in each home being on its own lot for future ownership purposes, however, it does not change that we have an approved, designed, and built development area that is now requesting a change. Staff can support the request if the Planning Commission and City Council support policy standards on certain aspects which are specific to this request. Therefore, the City can then utilize these standards under certain conditions moving forward. These homes are “rear-loaded” with private alley access and overflow parking, have sidewalks to be built along the public road frontage and create an urban neighborhood feel which is unlike many of the developments we see around the City. Density, when designed correctly, can work to the benefit of area. Most importantly, this type of development design, when utilized, must be the plan from the beginning moving forward. COMMITTEE FINDINGS: The Planning Commission voted 6-0; Recused 1, 2 absent, to approve the PUD amendment. RECOMMENDATION: City staff recommends approval under the specific development conditions listed above Mayor Brooks asked if anyone would like to speak in favor of the request. Chris Berry with Berry Properties stated he is present to answer any questions and wanted them to be aware the design they have proposed is to maximize the view along Hardwick Way. 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. p. 424 REGULAR SESSION JUNE 23, 2025 PAGE -424- MINUTE BOOK 32 Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request by City of Cleveland for consideration of an ordinance to amend PUD 63 (located along Valley Head Rd.) unit count maximum from 38 to 50 due to a clerical error and includes Tax Map 034I Group D Parcels 003.00-007.00 (Planning Commission: Approved 7-0; 1 recused, 1 absent). Robert Varnell stated this is an effort to clean up the ordinance and the unit count is the only thing changed in the ordinance. 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 City of Cleveland for consideration of an ordinance to amend the Cleveland City Municipal Code, Appendix C, to add section 2.4 UR-1 Urban Single Family Residential Zoning District as a zoning designation and to renumber the affected sections for clarity and consistency (Planning Commission: Approved 7-0; 2 absent). Robert Varnell stated this was discussed two weeks ago on the new zoning destination that will primarily be used in our urban corridor. The minimum lot size mirrors R2 zoning and presently it just restricts the type of development, single family type development without conditional uses having to be achieved. 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 City of Cleveland for consideration of an ordinance to amend the Cleveland City Municipal Code, Appendix C, to delete section 2.21 ISE District and replace with section 2.22 UMUC Urban Mixed-Use Corridor Zoning District as a zoning designation (Planning Commission: Approved 7-0; 2 absent). Robert Varnell stated this replaces the Inman Street Zoning Designation and creates more opportunities throughout the urban area. He is very excited about the future of this zoning and the type of development we can see and some of the requirements will benefit the neighborhoods. 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 Councilman Estes; Upon roll call Councilman May, Councilman Estes, Councilman Cassada, Councilman Moore and Councilwoman McKenzie voted aye. Councilman Goff recused himself. The motion passed 5-0-1. • Final Passage - Ordinance 2025-21 – heretofore passed on first reading June 9, 2025 and found in Minute Book 32, Page 335; Amending the FY2025 Budget. • Final Passage - Ordinance 2025-22 – heretofore passed on first reading June 9, 2025 and found in Minute Book 32, Page 338; Adopting the FY2026 Budget. • Final Passage - Zoning Ordinance-2025-23 – heretofore passed on first reading June 9, 2025 and found in Minute Book 32, Page 342; Concerning a request by Duane Goff and Oasis Subdivision GP for consideration of an ordinance to zone about 13.43 acres, more or less, for property located at Pleasant Grove Church Rd. from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 056 Parcels 062.03, 060.00, and 062.04 (Planning Commission: Approved 7-0; 2 absent). • Final Passage - Ordinance 2025-24 - heretofore passed on first reading June 9, 2025 and found in Minute Book 32, Page 344; Concerning a request by Jason Farmer and Mesana Investments to amend PUD 23 to allow a ROW connection between the two developments (Planning Commission: Approved 7-0; 2 absent). p. 425 REGULAR SESSION JUNE 23, 2025 PAGE -425- MINUTE BOOK 32 • Final Passage - Ordinance 2025-25 - heretofore passed on first reading June 9, 2025 and found in Minute Book 32, Page 350; Concerning a request by Jason Farmer and Mesana Investments to amend PUD 41 to allow a ROW connection between the two developments (Planning Commission: Approved 7-0; 2 absent). • Final Passage - Ordinance 2025-26 - heretofore passed on first reading June 9, 2025 and found in Minute Book 32, Page 356; Concerning a request by Joe Moore to amend PUD 44 to remove the pool/club house amenity requirement (Planning Commission: Approved 7-0; 2 absent). • Final Passage - Zoning Ordinance 2025-27 - heretofore passed on first reading June 9, 2025 and found in Minute Book 32, Page 364; Concerning a request by Donald Ledford for consideration of an ordinance to zone about 31.45 acres, more or less, for property located at Sequoia Rd. NW from CG General Commercial to MU Mixed Use Zoning District and includes Tax Map 034 Parcel 031.00 (Planning Commission: Approved 7-0; 2 absent). • Final Passage - Zoning Ordinance 2025-28 - heretofore passed on first reading June 9, 2025 and found in Minute Book 32, Page 380; Concerning a request by Chase Family Investments, LLC for consideration of an ordinance to zone about 5.45 acres, more or less, for property located at Lewis Street and Old Powerline Rd from FAR unincorporated county to PUD 67 and includes Tax Map 058B Group D Parcel 020.00 (Planning Commission: Approved 7-0; 2 absent). • Final Passage - Zoning Ordinance 2025-32 – heretofore passed on first reading June 9, 2025 and found in Minute Book 32, Page 412; Amending PUD63 to correct a clerical error in the number of total residential units from 38 to 50 as approved by Planning Commission. • Resolution 2025-53 – Authorizing the Mayor to sign Change Order 2 with Black Construction related to the Central Avenue Sidewalk Improvement Project. RESOLUTION 2025-53 WHEREAS, the City’s development and recreation department is requesting that the City Council approve the attached Change Order #2 to the City’s existing contract with Black Construction LLC for the Central Avenue NE Sidewalk improvement project; and WHEREAS, the City Council desires to enter into the attached Change Order #2 with Black Construction LLC, and to further authorize the Mayor to execute this Change Order 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 Change Order Number 2 with Black Construction LLC for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 23rd day of June, 2025. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Reappointment - Cleveland Utilities Authority – Councilwoman McKenzie for an additional 3-year term ending June 30, 2028. • Reappointment – Cleveland Utilities Authority - Mayor Kevin Brooks for an additional 4-year term ending June 30, 2029. • Reappointment – Cleveland Utilities Authority – Aubrey Ector for an additional 4-year term ending June 30, 2029. p. 426 REGULAR SESSION JUNE 23, 2025 PAGE -426- MINUTE BOOK 32 • Bid Report - Tinsley Park Improvements. TO: Mayor and City Council FROM: Kristi Powers, Budget/Purchasing Coordinator DATE: June 23, 2025 RE: Bid Summary – Tinsley Park Improvements SUMMARY: The City received sealed bids for improvements at Tinsley Park on June 17, 2025. These improvements include the construction of a pickleball pavilion, softball pavilion, restroom and storage buildings, monument sign and the renovation of two existing pavilions. Bids are listed below: • Croxall Commercial Construction $940,857.55__________ • BP Construction Company $1,749,886.00_________ • Bulba Builders $1,695,000.00_________ • Chazler, Inc. $1,290,000.00_________ • Phillip Daniel dba Worth Construction $1,140,133.00_________ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Staff recommends award to low bidder, Croxall Commercial Construction. • Motion – Declaring the service weapon of Captain Robert Harbison as surplus property and given to him as a token of the City’s appreciation for his 30+ years of dedicated service to the Cleveland Police Department. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF COUNCIL MEMBERS Councilwoman McKenzie had no report at this time. Councilman Estes congratulated Captain Harbison on his retirement and stated at the reception last Friday, it was good to hear all the law enforcement from the area come and listen to what was said, not only speaks of Captain Harbison, but the Cleveland Police Department. Captain Harbison deserved all the things that were spoken. Secondly, he thanked Tabatha Doulka and Michelle Goldston for their work in the Second District Community Gardens. They are amazing and have brought the community together. Councilman Cassada stated he understands the City has received the TML Achievement Award for Economic and Community Development for Inman Street and Johnston Park. Mr. Fivas stated yes, the city has been awarded the Best Project in Tennessee, as far as community development for Johnston Park and Inman Street by TML Mayor Brooks stated the conference is in August and will be held in Chattanooga this year and the award will be given at that time. He encouraged everyone to attend the conference. Next Councilman Cassada stated he’d like to take a moment to thank Officer Jordan Martin for assisting a mother and child who were trapped against a beaver dam and other debris, with rising flood waters. Officer Martin got them to shore and stated life-saving measures until other First Responders arrived. It happened in the County, but was close and able to respond. Councilman Cassada added there was a need, and we don’t put lines out there. We are a community and here to support each other. p. 427 REGULAR SESSION JUNE 23, 2025 PAGE -427- MINUTE BOOK 32 Councilman May had no report at this time. Councilman Goff stated the paving on Paul Huff Parkway looks fantastic and he has received a lot of compliments. Secondly, he noticed the traffic light at Bobby Taylor/Broad Street, the green light was removed in the opposite direction, but others remained. Mr. Fivas stated yes, Cleveland Utilities, due to the age of the lights, had to order special equipment and they are waiting on delivery. Lastly, Councilman Goff stated he received a call concerning overgrowth along the Greenway at 17th Street. The overgrowth is pushing water over the sidewalks. Councilman Moore inquired who owns the property at the Welcome to Historic Downtown Cleveland sign at the split of Inman and 1st Street at the Island Oasis gas station. Mr. Varnell stated it belongs to the gas station. Mr. Fivas stated it has been turned in for a citation of high grass. It is private property and city staff has met several times in attempt to purchase the property or an easement so we can maintain it but have been unsuccessful. We will follow up with the owners. Mayor Brooks stated he has received resignation letters from Dr. Tiffany Sherlin and Jamie Creekmore from the Planning Commission. He then appointed Walt Vineyard from Cleveland Utilities and Bonnie Cretton to the Planning Commission both with three-year terms to expire January 2028. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: • Zoning Ordinance 2025-33 - Concerning a request by Benny Casteel for consideration of an ordinance to zone about 6.65 acres, more or less, for property located at Old Tasso Road from R-2 Low Density Single and Multi-Family to PUD 66 and includes Tax Map 050 001.01 (Approved 7-0; 2 absent). ZONING ORDINANCE 2025-33 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 OLD TASSO ROAD "PUD 66" ON PROPERTY DESCRIBED AS TAX PARCEL 050 001.01, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 66; 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: p. 428 REGULAR SESSION JUNE 23, 2025 PAGE -428- MINUTE BOOK 32 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 66" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 66 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 66 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 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. Section 3. PROPERTY DESCRIPTION. PUD 66, Old Tasso Road (name may be revised during the platting process with approval of the Cleveland Municipal Planning) includes property generally identified as Tax Map 050 Parcel 001.01. Exhibit A illustrates the overall Old Tasso 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 Old Tasso Road. The project consists of detached single-family homes. Exhibit A shows the general location of proposed infrastructure and common areas. In terms of total allowable density, the project shall not exceed 45 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 66 Subdivision allows for the construction of up to 45 residential units without amending this ordinance. Permitted uses are single family detached dwellings. Nothing herein should be construed as prohibiting the Developer from making further refinements to the development plan of PUD 66 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 Old Tasso 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 66 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 66, Old Tasso Road was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on May 20, 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 66 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 Old Tasso Road 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.). p. 429 REGULAR SESSION JUNE 23, 2025 PAGE -429- MINUTE BOOK 32 6.B. PLATS. One or more plats will be prepared for the PUD 66 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 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 66 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 66 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 66 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 Single family Detached Lots; Setbacks: Front: 25' From Old Tasso Rd: 30’ Side: 5' Rear: 15' Min Lot Width: 46' Min Lot Size: 4,000 sq. ft. 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 shall comply with the sidewalk ordinance and shall include installation along Old Tasso Rd. Additional Right-of-way may be required to ensure that the road meets the required 60' width (30' from centerline). A deceleration lane will be required and must be designed to City standards. A right-turn deceleration lane is required based on standards required in the Subdivision Regulations. 2. No driveways can access Old Tasso Road directly. 3. A playground shall be provided by the developer once 50% the buildable lots in the development are established or under construction. 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 per 50 units. 5. A bus stop shelter shall be placed in cooperation with Cleveland City Schools and can be included with cluster mailbox units. p. 430 REGULAR SESSION JUNE 23, 2025 PAGE -430- MINUTE BOOK 32 7.C. Miscellaneous standards 1. The exterior primary (front) facades of all structures shall be comprised of 50% brick, stone, wood, composite, 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 housing. Structures must include articulation, changes in materials or texture, windows, or other architectural features. 3. A 10’ Street yard with a decorative fence along Old Tasso Road is required to provide strong aesthetic and screen detention ponds from view. This street yard shall include various trees and shrubs as approved through staff site plan review. 4. A minimum of two off-street parking spaces per dwelling unit is required. 5. A two-inch caliper hardwood shade tree which is determined acceptable to the City's Urban Forester shall be installed in the front yard of all single­ family detached structures. 6. Attempts shall be made to preserve existing trees along the perimeter of the development and along stream buffers, however, the city tree preservation requirements are not otherwise applicable. 7. All utilities shall be placed outside of the street except for required crossings, any crossing shall be approved by the City. 8. Right-of-way width shall be 40' in width for all internal roads. 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 66 Old Tasso 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 PUD 66, 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 66 zoning district and is binding upon City's regulation of these activities in this location. Moreover, it shall be the duty of the Developer to ensure compliance with all terms of this ordinance affecting construction or maintenance. Wherever this ordinance establishes a duty, responsibility, or right for the Developer, the term "Developer" is intended to encompass the current owner or any heirs, assigns, or successors in p. 431 REGULAR SESSION JUNE 23, 2025 PAGE -431- MINUTE BOOK 32 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 432 REGULAR SESSION JUNE 23, 2025 PAGE -432- MINUTE BOOK 32 Councilman May moved that Zoning Ordinance 2025-33 be voted for passage on first reading. The motion was seconded by Councilman Moore; and upon roll call, the motion carried 6-0. The following Ordinance was then presented in full: • Zoning Ordinance 2025-34 - Concerning a request by Berry Properties LLC to amend PUD 46 to allow a 34-foot-wide lot minimum for rear loading lots along Hardwick Way and a minimum lot size of 3,100 square feet (Approved 6-0; 1 recused, 2 absent). ZONING ORDINANCE 2025-34 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 HARDWICK FARMS­ URBANE "PUD 46" ON PROPERTY DESCRIBED AS A PORTION OF TAX MAP 042 PARCEL 058.00, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A DESCRIPTION OF THE PROPOSED DEVELOPMENT; AMENDING THE ZONING PLAN AND ZONING MAP FOR PUD 46; 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 46" subject to the provisions described in each section of this ordinance. The permitted uses in the PUD 46 zoning district are those uses outlined in Section 5 of this ordinance. The development standards for the PUD 46 district are those outlined in this ordinance, including requirements for plan approval, and compliance with applicable permitting requirements. Section 2. VIOLATIONS UNLAWFUL AND SUBJECT TO PENALTIES. Any development or use of the property described herein in manner contrary to the terms of this ordinance is a zoning violation and is unlawful, subject to the penalties prescribed by the Cleveland Municipal Code and the laws of Tennessee. Section 3. PROPERTY DESCRIPTION. PUD 46, Hardwick Farms-Urbane (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 042 Parcels 058.00. Exhibit A illustrates the overall Hardwick Farms-Urbane 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 Hardwick Farms-Urbane. The project consists of townhomes homes, detached single family homes, and duplexes with central p. 433 REGULAR SESSION JUNE 23, 2025 PAGE -433- MINUTE BOOK 32 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 140 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 46 Subdivision allows for the construction of up to 140 residential units 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 46 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 Hardwick Farms-Urbane development will comport with the descriptions of the constituent parts of the development which are conceptually described within Exhibit B & C 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 46 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 (Exhibits B) for PUD46, Hardwick Farms-Urbane was prepared for submission to the Cleveland Municipal Planning Commission for consideration in the regular meeting on July 18, 2023 and a revised to the PUD language was presented at the regular meeting on May 20, 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 PUD46 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 Hardwick Farms-Urbane 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.). All streets within PUD 46 shall be constructed with adequate ROW to accommodate the installation of sidewalks where shown on the conceptual plan, which shall be installed at the expense of the developer and/or home builder. The ROW shall be a minimum of 40' for all public roads within the PUD except where parking is on the street. Where parking is present as "on-street" the minimum ROW shall be 45'. Private drives may be contained in narrower easements or private right of way and must include a cul-de-sac or turnaround acceptable to the city Traffic engineer. 6.B. PLATS. One or more plats will be prepared for the PUD46 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. 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. p. 434 REGULAR SESSION JUNE 23, 2025 PAGE -434- MINUTE BOOK 32 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 46 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 46 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 46 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 “The minimum lot width for detached single family homes is 50’ except that lots with alley access (rear loaded) may be reduced to 34’. Single Family lots shall have a minimum lot size of 5000 sf except that lots without front driveways may be reduced to 3100 sf. The minimum setback requirements for all structures are 30' from Urbane Road, front setback is 25 feet, side setback is 5 feet, and rear setback is 15 feet. The front setback may be reduced to 20' 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. Section 7.8 Sidewalks, Common Area, & Amenities 1. Sidewalks shall be provided on one side of all new streets within the subdivision, where shown on the conceptual plan. Sidewalks shall be provided along the property frontage of Urbane Rd and Hardwick Way. 2. All utilities shall be placed outside of the street except for required crossings, any crossing shall be approved by the City. 3. The minimum open space provided shall be a minimum of 1.0 acres. 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. 6. Additional parking shall be provided as on street parking for the townhouses and additional spots in coordination with the mail kiosk. 7. A monument style ground sign shall be installed at each entrance to the site. 7.C Miscellaneous Standards 1. The exterior facades 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 p. 435 REGULAR SESSION JUNE 23, 2025 PAGE -435- MINUTE BOOK 32 of any townhome with a common roofline of any adjoining unit must be addressed within the private covenant restrictions. 3. Townhomes with front driveways shall have a garage. 4. A minimum of two parking spaces per dwelling units is required. 5. 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. Front driveways/parking areas shall be separated by a minimum of one 3' planted landscape strip (not grass or stone). 6. Attempts shall be made to preserve existing trees along the perimeter of the development however, the city tree preservation requirements are not otherwise applicable. A Type B buffer is required along the single-family homes to the north or a 6' wooden screen fence may be used to reduce the required buffer plantings by 50%. 7. A landscape berm no smaller than 2.5' in height shall be installed along Urbane Road to provide privacy and to maintain a high-quality appearance. This berm shall include various trees and shrubs. 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 PUD46 Hardwick Farms-Urbane. 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 B then a revised conceptual plan must be reviewed by the Cleveland Municipal Planning Commission. Section 10. BINDING UPON OTHERS. This ordinance is a law and not a contract, and as such it is generally binding upon all development and use of property in the PUD 46 zoning district and is binding upon City's regulation of these activities in this location. Moreover, it shall be the duty of the Developer to ensure compliance with all terms of this ordinance affecting construction or maintenance. Wherever this ordinance establishes a duty, responsibility, or right for the Developer, the term "Developer" is intended to encompass the current 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. p. 436 REGULAR SESSION JUNE 23, 2025 PAGE -436- MINUTE BOOK 32 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 437 REGULAR SESSION JUNE 23, 2025 PAGE -437- MINUTE BOOK 32 Councilman Goff moved that Zoning Ordinance 2025-34 be voted for passage on first reading. The motion was seconded by Councilman Cassada; and upon roll call, the motion carried 6-0. Councilman Estes stated because this are rear-loading lots, it makes perfect sense. Councilman May moved that the request by multiple property owners for consideration of an ordinance to zone about 22 acres, more or less, for property located at Williams Street from R-1 Single Family Residential Zoning District to PUD Planned Unit of Development Zoning District and includes Tax Map 050I Group E Parcel 004.00, 020.00, 021.00, 023.00, and 025.00,be sent back to the Planning Commission as the applicant is amending the site plan and has requested item be sent for additional review. The motion was seconded by Councilman Goff; and upon roll call, the motion carried 6-0. ANNOUNCEMENTS Mayor Brooks announced the following: a. City Offices will be closed Friday, July 4 in observance of Independence Day. b. The next City Council meeting will be held on Monday, July 14, 2025. ADJOURNMENT There being no further business, Mayor Brooks adjourned the meeting at 3:30 p.m. _________________________________ _________________________________ Mayor City Clerk