Planning Commission

1 of 38 AGENDA CLEVELAND MUNICIPAL PLANNING COMMISSION TUESDAY, FEBRUARY 20, 2018 AT 6:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes November 21, 2017 Regular Meeting p. 3 December 5, 2017 Special Called Meeting p. 5 January 30, 2018 Special Called Meeting p. 7 2. Public Hearings a. Public Hearing to hear comments on the 2018-2019 Community Development Block p. 11 Grant Consolidated Plan/Annual Action Plan. 3. Consent Agenda a. Request by Dennis Epperson, Clint Epperson, and Blake Allison for preliminary plat p. 13 approval of Fulbright Crossing Townhomes and Apartments located on Shady Ln and Fulbright Rd. Property is currently zoned IL Light Industrial Zoning District and is pending a rezoning to R2 Low Density Single and Multi-family Residential Zoning District. Plat by Cleveland Surveying Company. b. Request by Cate Brothers Development for preliminary plat approval of The Grove p. 15 at the Farm, Phase II and is located on North Lee and Tasso Ln. Property is zoned PUD Planned Unit Development Zoning District. Plat by Cleveland Surveying Company. c. Request by Ted C. Moss for preliminary plat approval of Ocoee Landing p. 16 Townhomes, lots 7, 11, and 15 located on Emmyllie Court. Property is zoned PUD Planned Unit Development Zoning District. Plat by Brown Surveying Company. d. Request by Four Star, LLC for final plat approval of the Haven at the Grove, Lot 1. p. 19 Property is located on Tasso Ln NE and is zoned PUD Planned Unit Development. Survey by Brown Surveying Company.  2 of 38 4. Old Business 5. New Business a. Review of the 2018-2019 Community Development Block Grant Consolidated p. 19 Plan/Annual Action Plan. b. Request to allow change of one non-conforming use to a less offensive non- p. 20 conforming use at 880 Euclid Ave SE. c. Request by adjoining property owners to abandon a portion of 7th St. SE located p. 23 between Cincinnati Ave SE and Wildwood Ave SE. d. Consideration of a rezoning request by Gilbert Real Estate for approximately 1.22 p. 26 acres of property (described as Tax Map 49E Group G Parcels16.00 & 16.01) located on Church St NE and 20th St NE from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District. e. Consideration of a rezoning request by Ben Nelson for approximately .66 acres of p. 30 property (described as Tax Map 49E Group B Parcels5.00 & 6.00) located at 2020 Harle Ave NW and 20th St NW from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District. f. Consideration of a rezoning request by DCP Properties for approximately .37 acres p. 34 of property (described as Tax Map 42G Group D Parcels 27.00) located at 3910 N. Ocoee St from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District. 6. Chairman’s Report 7. Director’s Report 8. Adjourn  3 of 38 MINUTES CLEVELAND MUNICIPAL PLANNING COMMISSION TUESDAY, NOVEMBER 21, 2017 AT 6:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE The regular meeting of the Cleveland Municipal Planning Commission was called to order by Dee Burris, Chairman, at 6 P.M. Members present included Larry Presswood, Dee Burris, David May, Jr., Tricia Pennington, Bill Hamilton, Maryl Elliott, Clarke Taylor and Gary Dennis. There were no members absent. Legal Counsel present included John Kimball, Attorney for the City of Cleveland. Staff present included Corey Divel, Senior Planner, Jonathan Jobe, Director of Development and Engineering Services, Darla Jenkins, Executive Secretary, Shawn McKay, Assistant City Manager/CFO, and Melinda Carroll, Assistant City Manager/Operations. Others present included Randy Brown of Brown Surveying, Vicki Williams, Jeannie Callaway Cracco, Travis Henry, Larry Bowers of The Cleveland Daily Banner, Randy Ball, and Charlie McKenzie. The minutes of the October 17, 2017 regular meeting were presented for approval. Maryl Elliott made a motion to approve and Gary Dennis seconded the motion. A vote of 9-0 passed the motion. There were no Public Hearings. In the Consent Agenda, a. Request by Lois Davila for final plat approval of Lois Davila Property located on Gaut St NE and 8th St NE. Property is zoned R3 Multi-family Residential Zoning District. Plat by Cleveland Surveying Company (pg1). b. Request by Phillip E. McManus for preliminary plat approval of Fleeman Place Phase II. Property is located on Foxfire Rd NE and is zoned R1 Single Family Residential Zoning District (pg2). c. Request by Phillip E. McManus for final plat approval of Fleeman Place Phase II, lots 5-13. Property is located on Foxfire Rd NE and is zoned R1 Single Family Residential Zoning District (pg3).  4 of 38 David May, Jr. made a motion to approve subject to staff comments and Tricia Pennington seconded the motion. A vote of 9-0 passed the motion. There was no Old Business. In New Business, d. Consideration of a rezoning request by Alan Cates Trustees of approximately 2.10 acres from R1 Single Family Residential Zoning District to R3 Multi-family Residential Zoning District. Property is located on Harrison Pk and Georgetown Rd (Tax Map 49k Group C Parcels 20.00, 21.00, 21.01, 22.00, 23.00) (pg4). Maryl Elliott made a motion to deny the rezoning request and Larry Presswood seconded the motion. A vote of 9-0 was made to deny the motion. There was no Chairman’s Report. In the Director’s Report, the planning commission decided to have the December meeting on Tuesday, December 5, 2017 at noon. The meeting adjourned at 6:16 P.M.  5 of 38 AGENDA SPECIAL CALLED CLEVELAND MUNICIPAL PLANNING COMMISSION TUESDAY, DECEMBER 5, 2017 AT 12:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes 2. Public Hearings 3. Consent Agenda a. Request by LeConte Development for preliminary plat approval of Graystan Square. Property is located on Paul Huff Parkway and Mouse Creek Rd NW and is zoned PUD Planned Unit Development. Plat by Richmond Surveying Company (pg1). b. Request by Thomas C. Cate, Tim S. Posey, William F. Jenkins, Edward M. and Franklin E. Stiles, Sea Largo, LLC and Thomas W. Clower for preliminary plat approval of a re-subdivision of The Commons. Property is located on North Lee Highway and Commons Ln and is zoned PUD Planned Unit Development. Plat by Cleveland Surveying Company (pg2). c. Request by Charlotte Peak for final plat approval of Stephens Place Townhomes, lot 4. Property is located on Stephens Rd and is zoned R2 Low Density Single and Multi-Family Residential Zoning District. Plat by Brown Surveying Company (pg3). d. Request by Phillip E. McManus for final plat approval of Phase I of Fleeman Place Townhomes, lots 1- 4. Property is located on Michigan Ave Rd and Foxfire Rd NE and is zoned R2 Low Density Single and Multi-Family Residential Zoning District. Plat by Brown Surveying Company (pg4). e. Request by Tennessee Christian Preparatory School for final plat approval of Villa Landing. Property is located on Georgetown Rd and is zoned Planned Unit Development. Plat by Brown Surveying Company (pg5). f. Request by Birdie Properties for final plat approval of Birdie Properties Townhomes. Property is located on Clemmer St and is zoned R2 Low Density Single and Multi- Family Residential Zoning District. Plat by Brown Surveying Company (pg6).  6 of 38 g. Request by Becker Company, INC final plat approval of Becker Company Property. Property is located on Old Tasso Rd and is zoned IL Light Industrial Zoning District. Plat by Southeast Tennessee Land Surveying Company (pg7). 4. Old Business 5. New Business a. Request by Marquis and Alma Dotson and Cleveland Housing Authority for abandonment of a portion of right-of-way just west of Lang St NE (pg8). 6. Chairman’s Report 7. Director’s Report 8. Adjourn  7 of 38 Page 1 of 4 MINUTES CLEVELAND MUNICIPAL PLANNING COMMISSION TUESDAY, JANUARY 30, 2018 AT 12:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE The special called meeting of the Cleveland Municipal Planning Commission was called to order by Dee Burris, Chairman, at 12 Noon. Members present included Larry Presswood, Dee Burris, David May, Jr., Tricia Pennington, Bill Hamilton, Maryl Elliott, Clarke Taylor and Gary Dennis. There were no members absent. Legal Counsel present included John Kimball, Attorney for the City of Cleveland. Staff present included Corey Divel, Senior Planner, Jonathan Jobe, Director of Development and Engineering Services, Darla Jenkins, Executive Secretary, and Joe Fivas, City Manager. Others present included Clifford Plemmons, Tom Cates, Jim and Glenda Richmond of Richmond Surveying, Max Phillips, Michael Mullen, Daniel McKinney, Dustin Hawkins, Blake Allison, Dennis Epperson, Clint Epperson of Epperson Homes, and Taylor Phillips. There were no minutes to approve as this was a called meeting. There were no Public Hearings. In the Consent Agenda, a. Request by Epperson Homes, LLC for preliminary plat approval of Stone Creek Subdivision, lots 5-61 located on New Murraytown Rd NW. Property is zoned R1 Single-family Residential Zoning District. Plat by Cleveland Surveying Company (pg1). b. Request by Joseph Richmond for final plat approval of Taylors Village, revised lots 2, 4, 11, 12, 14. Property is located on 13th ST SE and Pond St SE and is zoned R2 Single and Multi-family Residential Zoning District (pg5). c. Request by Greg Calfee Builders, LLC for final plat approval of Linda Drive Townhomes. Property is located on Linda Dr SE and is zoned CH Commercial Highway Zoning District (pg7).  8 of 38 Page 2 of 4 d. Request by LeConte Development, LLC for final plat approval of Graystan Square. Property is located at Paul Huff Parkway and Mouse Creek Rd and is zoned PUD Planned Unit Development (pg9).’ David May, Jr. made the motion to approve the consent agenda subject to staff comments. Tricia Pennington seconded the motion. A vote of 9-0 passed the consent agenda. Dee Burris stated he had an interest in a nearby property and voted yes. There was no Old Business. In New Business, a. Request by Marquis and Alma Dotson and Cleveland Housing Authority for abandonment of a portion of right-of-way west of Lang St NE (pg10). David May, Jr. made a motion to approve this item subject to staff comments and Gary Dennis seconded the motion. A vote of 9-0 passed the motion. b. Consideration of a rezoning request by Steve and Linda Williams for approximately 1.7 acres of property (described as Tax Map 50G Group I Parcels 6.00,7.00,8.00) located on Shady Ln and Fulbright Rd from IL Light Industrial Zoning District to R2 Low Density Single and Multi-family Residential Zoning District (pg18). David May, Jr. made a motion to approve subject to staff comments and Tricia Pennington seconded the motion. A vote of 9-0 passed the motion. c. Request by the Estate of Joe Corn Stuart for consideration of a resolution to adopt a Plan of Service for about 5.3 acres, more or less, for property located on Tasso Ln NE (pg22). David May, Jr. made a motion to approve subject to staff comments and Bill Hamilton seconded the motion. Voting 9-0, the commission passed this item. d. Request by the Estate of Joe Corn Stuart for consideration of a resolution to annex about 5.3 acres, more or less, for property located on Tasso Ln NE (pg30). Tricia Pennington made a motion to approve subject to staff comments and Maryl Elliott seconded the motion. A vote of 9-0 passed the motion.  9 of 38 Page 3 of 4 e. Request by the Estate of Joe Corn Stuart for consideration of an ordinance to zone about 5.3 acres, more or less, for property located on Tasso Ln NE (pg32). Walt Vineyard made a motion to approve subject to staff comments and Bill Hamilton seconded the motion. A vote of 9-0 passed the motion. f. Request by the Dustin Hawkins for consideration of a resolution to adopt a Plan of Service for about 15.68 acres, more or less, for property located at 861 Old Chattanooga Pike SW (pg34). David May, Jr. made a motion to approve this item subject to staff comments and Gary Dennis seconded the motion. A vote of 9-0 passed the motion. g. Request by Dustin Hawkins for consideration of a resolution to annex about 15.68 acres, more or less, for property located at 861 Old Chattanooga Pike SW (pg42). Tricia Pennington made a motion to approve this item subject to staff comments and Gary Dennis seconded the motion. A vote of 9-0 passed the motion. h. Request by Dustin Hawkins for consideration of an ordinance to zone about 15.68 acres, more or less, for property located at 861 Old Chattanooga Pike SW (pg44). Tricia Pennington made a motion to approve this item subject to staff comments and Clarke Taylor seconded the motion. A vote of 9-0 passed the motion. i. Request by Steve and Linda Williams for consideration of a resolution to adopt a Plan of Service for about 36.70 acres, more or less, for property located on APD40 and Holloway Rd (pg46). David May, Jr. made a motion to approve this item subject to staff comments and Walt Vineyard seconded the motion. A vote of 9-0 passed the motion. j. Request by Steve and Linda Williams for consideration of a resolution to annex about 36.70 acres, more or less, for property located on APD40 and Holloway Rd (pg54). Bill Hamilton made a motion to approve this item subject to staff comments and David May, Jr seconded the motion. A vote of 9-0 passed the motion.  10 of 38 Page 4 of 4 k. Request by Steve and Linda Williams for consideration of an ordinance to zone about 36.70 acres, more or less, for property located on APD40 and Holloway Rd (pg56). David May, Jr. made a motion to approve this item subject to staff comments and Walt Vineyard seconded the motion. A vote of 9-0 passed the motion. There was no Chairman’s Report. There was no Director’s Report The called meeting was adjourned at 12:22 P.M.  11 of 38 STAFF REPORT CLEVELAND MUNICIPAL PLANNING COMMISSION TUESDAY, FEBRUARY 20, 2018 AT 6:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes November 21, 2017 Regular Meeting December 5, 2017 Special Called Meeting January 30, 2018 Special Called Meeting 2. Public Hearings a. Public Hearing to hear comments on the 2018-2019 Community Development Block Grant Consolidated Plan/Annual Action Plan. Input in identifying housing and community development needs in the City as well as suggested activities for consideration during this planning period. All proposed activities must be located within the designated CDBG target area (see below) and included in the listing of eligible activities and must meet a national objective to be considered. Examples of past projects include drainage/sidewalk improvements, recreational improvements, down payment assistance, infrastructure, acquisition and code enforcement.  12 of 38 CDBG PROJECTS 2004-2018 DRAINAGE Dalton Pk/20th St Area $20,000 RECREATION COLLEGE HILL Shepard Field Multi-purpose field with walking track/irrigation and lighting Parking Lot/restrooms and concession stand/bleachers Purchase of land for parking/construction of parking lot Mosby Park Playground equipment Outdoor basketball court/fenced and lighted Splash pad/swimming pool College Hill Community Center - 3,500 SF addition and gym accessib $ 1,244,120 BLYTHE OLDFIELD PARK Blythe Oldfield Park Renovation $ 343,901 SOUTH CLEVELAND COMMUNITY CENTER Playground equipment/splash pad Storage building for pool/outdoor basketball court $ 230,650 TOTAL RECREATION $ 1,818,671 SIDEWALKS East St from Inman St to 6th St Inman St from East St to Fair St $ 174,300 14th St from Wildwood Ave to Lay St $ 100,700 TOTAL SIDEWALKS $ 275,000 HOUSING AQUISITION FOR AFFORDABLE HOUSING 8 Infill lots donated to Habitat for Humanity $ 60,012 Victory Cove Subdivision in partnership with Habibat for Humanity- $ 100,000 Foster Ln/20th St SE 2.5 acres donated to Habitat for Humanity-6 lot $ 61,037 TOTAL AQUISITION FOR AFFORDABLE HOUSING $ 221,049 DOWNPAYMENT ASSISTANCE - 33 families assisted $ 198,000 INFRASTRUCTURE FOR AFFORDABLE HOUSING Century Village- Phase I & II - 40 lots $ 315,000 Victory Cove infrastructure-24 lots $ 150,000 TOTAL INFRASTRUCTURE FOR AFFORDABLE HOUSING $ 465,000 Energy Efficiency Retrofits - 3 families assisted $ 15,000 TOTAL HOUSING $ 860,049 CODES Code Enforcement inspector from 2005-2018 $ 633,263 TOTAL $ 3,610,983  13 of 38 3. Consent Agenda a. Request by Dennis Epperson, Clint Epperson, and Blake Allison for preliminary plat approval of Fulbright Crossing Townhomes and Apartments located on Shady Ln and Fulbright Rd. Property is currently zoned IL Light Industrial Zoning District and is pending a rezoning to R2 Low Density Single and Multi-family Residential Zoning District. Plat by Cleveland Surveying Company. Author: Brian Beck 1. Provide a grading and drainage plan for the site. Being at the top of the hill, the existing property drains in two different directs with the flow pattern split near the middle... keep the post-development runoff patterns consistent with the pre- development runoff flow patterns. As much as possible, grade and drain the site to sheet flow the stormwater runoff to the grass surface areas from the proposed impervious surfaces. 2. The proposed development measures 56% impervious surface (please confirm), which exceeds the allowable impervious surface limit for the site. Author: Christopher Broom 73338.84 sq ft  14 of 38 1. Please submit a copy of the City of Cleveland Notice of Intent (NOI) and full stormwater pollution prevention plan (SWPPP) for review. The SWPPP shall include a two phase erosion control plan set. The NOI can be found on the City’s Stormwater website at www.clevelandtn.gov/stormwater. Please use the SWPPP checklist to ensure a complete submittal. 2. If the proposed plan contains stormwater infrastructure, please submit a signed as- built AND inspection and maintenance agreement from the City of Cleveland's website. NOTE: An as-built survey will be required before a certificate of occupancy is given. 3. Based on the current plans the Stormwater Utility Fee will be approximately $1.30/unit per month. For additional information or to view the Stormwater Utility Fee Credit and Adjustment Manual please visit our website at www.clevelandtn.gov/stormwater. Author: Corey Divel Label setback on Fulbright side of lot 6. Subject to rezoning. Confirm impervious requirements are met. Set for Feb PC review. Author: Dan Hartman Please submit a Landscape Plan showing location and species of trees to be planted. Ordinance requires 1 tree for every 40 feet of perimeter distance be planted somewhere on the property. Ordinance states that one species can not make up more than 60% of the total number of required trees and small ornamental species can not make up more than 40% of the total number of trees. A Buffering Plan will be required if adjoining property conflicts with proposed development. Example is single family adjoining proposed multi-family or commercial. If trees are present on the property a Tree Preservation Plan is required. Ordinance requires 10 trees, 6 inches or greater be preserved per acre. Plan must show location, diameter, and species of preserved trees. Author: David Sheely Please note that Shady Lane is TDOT ROW. For frontages 200'-400', only 2 entrances are allowed. Commercial border area clearance shall be at least 3'. If border clearance area is less than 6', a raised curb shall be required. Author: Mika Vaughn Show proposed Hydrant locations and distances Author: Tonya Young Per Kenney Longley, CU Electric: Any relocation of CU electric facilities will be at the developer's expense. Per Brian Sells CU Water/Sewer: Submit sewer plan for Lots 6-15.  15 of 38 b. Request by Cate Brothers Development for preliminary plat approval of The Grove at the Farm, Phase II and is located on North Lee and Tasso Ln. Property is zoned PUD Planned Unit Development Zoning District. Plat by Cleveland Surveying Company. Author: Amber Staton COMMENT BY Brian Sells, CLEVELAND UTILITIES, WATER DIVISION: Need to submit water and sewer plans for the proposed development. Author: Brian Beck 1. Provide the proposed grading plan. 2. Provide a drainage plan along with drainage calculations. 3. Provide detention and detention calculations or if the intent is to utilize the existing detention facilities, provide a documentation illustrating the proposed drainage plan with calculations. 4. Provide centerline stationing along the proposed street centerline. Author: Christopher Broom 1. Please submit a copy of the City of Cleveland Notice of Intent (NOI) and a full stormwater pollution prevention plan (SWPPP) for  16 of 38 review. The SWPPP shall include a three phase erosion control plan. The NOI can be found on the City’s Stormwater website at www.clevelandtn.gov/stormwater. Please use the SWPPP checklist to ensure a complete submittal. 2. Please address the 1” first flush requirement of the stormwater ordinance (available at www.clevelandtn.gov/stormwater) for this new phase. The first 1” of rainfall must be treated prior to discharge with a technology documented to remove 80% total suspended solids (TSS). The treatment technology must be designed, installed and maintained to continue to meet this performance standard. 3. Submit a signed as-built AND inspection and maintenance agreement from the City of Cleveland's website. If green infrastructure is proposed, please submit the preliminary infiltration test results. Final infiltration test results must be reviewed and approved by the site engineer or landscape architect. NOTE: An as-built survey will be required before a certificate of occupancy is given. 4. The Stormwater Utility Fee is based on impervious area. The fee will be billed on the Cleveland Utilities monthly water bill. For additional information or to view the Stormwater Utility Fee Credit and Adjustment Manual please visit our website at www.clevelandtn.gov/stormwater. Author: Corey Divel ( Subject to annexation. Correct zoning to reflect PUD. Label development typology as described in PUD. Set for PC review. Author: Dan Hartman Ordinance requires a Landscape Plan to be submitted with site plan for all developments except single family structures. If multi-family is constructed a Landscape Plan must be submitted showing species, location, and number of each species to be planted. Ordinance requires 1 tree for every 40 feet of  17 of 38 c. Request by Ted C. Moss for preliminary plat approval of Ocoee Landing Townhomes, lots 7, 11, and 15 located on Emmyllie Court. Property is zoned PUD Planned Unit Development Zoning District. Plat by Brown Surveying Company. Author: Kenny Longley, CLEVELAND UTILITIES, ELECTRIC DIVISION: Any relocation of CU electric facilities will be at developer's expense. Author: Brian Gilbert Ensure positive drainage between existing and proposed structures. Author: Christopher Broom 1. Based on the current plans the Stormwater Utility Fee will be approximately $1.30/unit per month. For additional information or to view the Stormwater Utility Fee Credit and Adjustment Manual please visit our website at www.clevelandtn.gov/stormwater. 2. Once site plan review committee has granted approval please contact me for a pre- construction meeting. 3. The land disturbance permit fee will be $50.00 per building.  18 of 38 Author: Corey Divel (cdivel@clevelandtn.gov) Number: 4 Page: 3 Subject: Sticky Note Date: 2/12/2018 9:55:00 PM Set for PC review. Please show lot dimensions. Author: Dan Hartman The Landscape Plan for lots 7-8-9 is approved. Lots 10 - 11 require 11 trees which it has but the percentage is incorrect. Ordinance states that one species can not make up more than 60% of required number of trees and small/Ornamental species can not make up more than 40% of the total number of required trees. The plan can have a 7 of one species and 4 of another. It is showing 20 Leyland Cypress of which 7 can be counted toward the required number of trees and 2 Crape Myrtle. There is a need of 2 more trees other than Leyland Cypress. Lots 15 - 16 - 17 require 11 trees which it has but the percentage is incorrect. Ordinance states that one species can not make up more than 60% of required number of trees and small/Ornamental species can not make up more than 40% of the total number of required trees. The plan can have a 7 of one species and 4 of another. It is showing 29 Leyland Cypress of which 7 can be counted toward the required number of trees and 3 Crape Myrtle. There is a need of 1 more tree other than Leyland Cypress.  19 of 38 d. Request by Four Star, LLC for final plat approval of the Haven at the Grove, Lot 1. Property is located on Tasso Ln NE and is zoned PUD Planned Unit Development. Survey by Brown Surveying Company. Author: Brian Beck For future development on Lot 2 as shown on this plat, construction shall be completed in accordance with the approved site plan for proposed units labeled 2A - 4C, prior to approval of the final plat. Don't hesitate to contact me at 593-6432 if there are any questions. Author: Corey Divel Planning Commission review. Label development typology as outlined in PUD. 4. Old Business 5. New Business a. Review of the 2018-2019 Community Development Block Grant Consolidated Plan/Annual Action Plan.  20 of 38 b. Request to allow change of one non-conforming use to a less offensive non- conforming use at 880 Euclid Ave SE. This property is bounded on the east by the recently vacated Whirlpool property and on the north by the former American Research and Knitting factory which recently burned down. There is a commercial building to the south and a vacant lot to the west. The site is zoned R2 Low Density Residential Zoning District as is much of the property to the west. Much of the area to the north and east is zoned IH Heavy Industrial Zoning District. The structure on this property was constructed in 1920 had been used for various industrial uses since that time. The applicant was approved in March of 2017 to use the property to disassemble and store parts for Jeep vehicles. All activity for that use was to be operated behind the closed walls of the property and out of the view of the public. The applicant would now like to obtain a dealer’s license and operate a car sales business on the site. The intent of the zoning provision is to essentially amortize undesired uses with less intensive and less offensive uses out of non-conforming zones. 21 of 38 22 of 38  23 of 38 c. Request by adjoining property owners to abandon a portion of 7th St. SE located between Cincinnati Ave SE and Wildwood Ave SE. Several years ago, prior to the re-location of the Whirlpool plant, the owners of Beatty Hardware requested and the Planning Commission recommended the abandonment of this portion of 7th Street SE. The City Council approved a resolution on the abandonment contingent upon the “release” of some unidentified property by Whirlpool and the Industrial Development Board. Beatty Hardware would now like to re-pave their parking lot with grant assistance from City Fields Community Development Corporation. It would be difficult to pave their parking without also paving the street at least where it is between the parking area which is separated from the hardware building by the street. Staff is uncertain about the intent of the contingencies and if these have been met but more importantly an ordinance is needed to effectively abandon the necessary portion of the 7th Street ROW. Signatures of property owners, a survey, and a draft ordinance are forthcoming. 24 of 38 25 of 38  26 of 38 d. Consideration of a rezoning request by Gilbert Real Estate for approximately 1.22 acres of property (described as Tax Map 49E Group G Parcels16.00 & 16.01) located on Church St NE and 20th St NE from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-family Residential Zoning District. The subject property already contains apartments which have been in place for a number of years, records indicate construction in 1998 so they could have pre-dated the single-family only R1 zoning which was adopted in July of that year. Apartments are located to the north of the subject property on the same side of Church Street. Other property on both sides of Church Street and adjacent to the subject property is zoned R3 already. Other property to the west of the subject property to North Ocoee Street is zoned PI. Property to the east is zoned R1. The proposed R3 zoning seems reasonable and consistent with the surrounding uses and zoning patterns. 27 of 38 28 of 38 29 of 38  30 of 38 e. Consideration of a rezoning request by Ben Nelson for approximately .66 acres of property (described as Tax Map 49E Group B Parcels5.00 & 6.00) located at 2020 Harle Ave NW and 20th St NW from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District. The property that is the subject of this re-zoning request is a house with an adjacent corner lot in the historic district. Other surrounding properties are zoned R1 and used for residential purposes. The character of the properties in this block of Harle Avenue is residential. Given the surrounding R1 zoning pattern and residential uses, a spot zoning challenge against the proposed re-zoning could be mounted. Staff has received at least one-call in opposition to the request. Staff is not recommending approval of this re-zoning request. 31 of 38 32 of 38 33 of 38  34 of 38 f. Consideration of a rezoning request by DCP Properties for approximately .37 acres of property (described as Tax Map 42G Group D Parcels 27.00) located at 3910 N. Ocoee St from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District. The property is a contains a house on a corner lot fronting on a busy arterial street, North Ocoee Street, with a driveway entrance on the side street Savannah Drive The requested PI zoning does not appear to be out of character with the transitioning zoning and land use pattern in the area but the adjoining property to the north and the east remains zoned R1. Entering traffic would need to turn onto Savannah Drive. Staff has discovered a private deed restriction on the property that appears to limit it to residential use and it has not been the policy of the City to knowingly zone property contrary to such a restriction. Staff cannot recommend in favor of the re-zoning request. 35 of 38 36 of 38 37 of 38  38 of 38 6. Chairman’s Report 7. Director’s Report 8. Adjourn