Planning Commission

AGENDA REGULAR MEETING CLEVELAND JANUARY 17, 2023, 6:00PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes November 15, 2022 December 13, 2022 (special called) 2. Consent Agenda a. request by City Fields for approval of a Final plat for property located at Wilson Avenue SE (part of Tax Map 057E Group Q Parcel 21.00) and located within R-2 Low Density Single and Multi-Family Zoning District. b. request by Riverstone Construction, LLC for approval of a preliminary plat for property located at Old Powerline Lane (also described as part of Tax Map 058 Portion of Parcel 025.02) and located within PUD 41 Zoning District. c. request by Riverstone Construction, LLC for approval of a preliminary plat for property located at Minnis Road (also described as Tax Map 058 portion of Parcel 025.02) and located within PUD 41 Zoning District. 3. Old Business None 4. New Business a. request by J. Paul Wagner, Ronald Locke, Patrick Chapman, Daniel Bowles, and Cynthia Dees for consideration of a plan of service for about 2.28 acres, more or less, for property located at Benjamin Circle and includes a portion of Tax Map 033 Parcel 008.00. b. request by J. Paul Wagner, Ronald Locke, Patrick Chapman, Daniel Bowles, and Cynthia Dees for consideration of an ordinance to annex about 2.28 acres, more or less, for property located at Benjamin Circle and includes a portion of Tax Map 033 Parcel 008.00. c. request by J. Paul Wagner, Ronald Locke, Patrick Chapman, Daniel Bowles, and Cynthia Dees for consideration of an ordinance to zone about 2.28 acres, more or less, from unincorporated county to R-1 Single Family Residential and includes a portion of Tax Map 033 Parcel 008.00. d. request by Marilyn Workman for consideration of a plan of service for about 6.78 acres, more or less, for property located at Cove Lake Drive and includes Tax Map 033G Group A Parcel 034.01. e. request by Marilyn Workman for consideration of an ordinance to annex about 6.78 acres, more or less, for property located at Cove Lake Drive and includes Tax Map 033G Group A Parcel 034.01. f. request by Marilyn Workman for consideration of an ordinance to zone about 6.78 acres, more or less, from unincorporated county to R-1 Single Family Residential and includes Tax Map 033G Group A Parcel 034.01. g. request by Joel Simpkins for consideration of an ordinance to zone about .46 acres, more or less, for property located at 10th Street NW from R1 Single Family Residential to R3 Multi-Family Residential and includes Tax Map 049F Group M Parcel 002.02. h. request by City of Cleveland for consideration of an ordinance to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 2.10.1 Uses allowed, and 2.11.1 Uses allowed to remove Mini-warehouse facilities and include them in section 2.10.2 Conditional Uses, and 2.11.2 Conditional Uses. 5. Chairman’s Report 6. Director’s Report 7. Adjourn  MINUTES REGULAR MEETING CLEVELAND MUNICIPAL PLANNING COMMISSION TUESDAY, NOVEMBER 15, 2022, 6:00PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE The regular meeting of the Cleveland Municipal Planning Commission was called to order by Tricia Pennington, Chairman at 6:00 P.M. Commissioners present included Ben Berry, Maryl Elliott, Clarke Taylor, Tiffani Sherlin, Tricia Pennington, Alma Dotson and Blake Allison. Members absent included Bill Estes and Jamie Creekmore. Staff present included Robert Varnell, Planning Director, Erica Bevis, Planner, Darla Jenkins, Administrative Coordinator, Joel Prince, Planner/Codes Enforcement Supervisor, Jonathan Jobe, Director of Development and Engineering Services, and Joe Fivas, City Manager. Legal Counsel present included John Kimball, Attorney for the City of Cleveland. Others present included Randy Brown of Brown Surveying, Tony Richmond of Richmond Surveying, Duane Golf, Dwight Golf, Max Phillips, Paul Ramsey, Tome Cate and Steve Drummer of LDA Engineering. The minutes of the October 18, 2022, regular meeting were presented for approval. Ben Berry made a motion to approve the October 18, 2022, minutes and Tiffani Sherlin seconded the motion. A vote of 7-0 passed the motion. Yes- 7 No-0 Absent-2 In the Consent Agenda, a. request by Dennis Botts for approval of a final plat for property located at Cliff Drive (also described as Tax Map 065F Group B Parcels 022.00 and 023.00) and located within the R2 Multi-Family Residential Zoning District. Robert Varnell stated this final plat has four lots on Cliff Drive. A couple lots, size wise are only big enough for single family homes even though it’s zoned R2. Comments have been clean up and this is good to go. Page 1 of 7 b. request by CTP Properties for approval of a final plat for property located at Freewill Road. (also described as part of Tax Map 033 Parcels 113.03 and 113.04) and located within the PUD 26 Zoning District. Robert Varnell stated this is phase one (1). This is 4.11 acres of the eventual bigger development of PUD 26. This phase is the front section. There are a few comments regarding site work which will be addressed before the final signature is given. These aren’t too problematic for staff. They should be organized and cleaned up fairly soon. c. request by Duggan Development for approval of a final plat for property located at Norman Chapel Road (also described as 041D H 001.00) and located within the PUD 30 Zoning District. Robert Varnell stated it’s the townhomes of Parkstone lot one (1). It’s 4.2 acres, and three (3) lots as a part of PUD 30. He believed this plat was resubmitted with no comments. d. request by Riverstone Construction for approval of a final plat for property located at North Lee Hwy (also described as Tax Map 034 Parcel 025.10) and located within the PUD 27 Zoning District. Robert Varnell stated this plat is 20.93 acres and part of PUD 27. We had several comments on this item but he believed they had got it down to just a few comments concerning work issues that need to be tidied up. Planning had one (1) comment about labeling tax map & parcel number correctly. It’s fairly straightforward and we expect it back at any time. e. request by McCoy Homes, LLC for approval of a final plat for property located at Pleasant Grove Trail SW (also described as Tax Map 056 Parcels 034.00 and 035.00) and located within the PUD 28 Zoning District. Robert Varnell stated that this is Hillcrest Landing, final plat, 23.45 acres and part of PUD 28. This is off Pleasant Grove Trail and near the Tom Rowland Interchange. Just to be clear on this item, all the PUD comments about Right of Way (ROW), have been addressed on the Plat. A couple of comments about site work and utilities easements and complete construction based on the site plan. Page 2 of 7  f. request by Eagle Bend Development for approval of a preliminary plat for property located at Durkee Road (also described as Tax Map 058 Parcel 028.00) and located within the PUD 23 Zoning District. Pulled from meeting. Robert Varnell stated that Powell Meadows was pulled this afternoon. There are some questions about TVA (Tennessee Valley Authority) easements about this one. But it was ready to go otherwise. g. Request by Dustin Hawkins for approval of a preliminary plat and site plan for property located at King Street (also described as Tax Map 065D Group F Parcel 002.00) and located within the R-2 Low Density Single and Multi-Family Residential Zoning. Robert Varnell stated this is the last item on the consent agenda. It’s .44 acres and R2 with five (5) proposed lots for townhome development. There was some confusion on this item. It was thought that this was apartments and keep it one (1) lot but it’s townhomes. The document had slipped though but was submitted in time. So it’s now in front of you. The comments are a little bit more substantial but nothing an updated version won’t take care of about buffering, tree preservation. Transportation has a comment and we as planning needs some labeling and also needs some buffering. Maryl Elliott made a motion to approve the Consent Agenda and Blake Allison seconded the motion. A vote of 7-0 passed the motion. Yes-7 No-0 Absent-2 There was no Old Business. In New Business, a. request by TTL, Incorporated for approval of architectural renderings and landscaping in relation to regulations for Interstate Gateway Corridor Overlay approval for property located at Pleasant Grove Church Road (also described as Tax Map 0056 Parcels 051.10) and located within the CH Highway Commercial Zoning District. (Withdrawn by applicant) This item was withdrawn by the applicant. Page 3 of 7 b. request by Pursuit Investments, LLC for approval of a final plat for property located at Arbor Hills Drive. (also described as part of Tax Map 066h Group B Parcels 025.00 and 025.01) and located within the CH Highway Commercial Zoning District. (Withdrawn by applicant) This item was withdrawn by the applicant. c. request by Duane Goff for approval of a plat and site plan for property located at Pleasant Grove Church Road (also described as Tax Map 0056 Parcels 060.00 and 062.02) and located within the CH Highway Commercial Zoning District. Robert Varnell stated this parcel is 13.28 acres and currently zoned for CH Highway Commercial. He hopes the applicant would rezone in the near future more in accordance with what is being built there. It’s the preliminary plat and site plan for twenty (20) lots. It’s being developed to townhome regulations except for two (2) lots in the corner which will stay as single lots with quadplexes on them. The site plan as being a townhome development, provides you a preliminary plat as well as site plan. It’s got the sidewalks and streets. Our only comment is from a staff perspective in regard to preliminary plat is plans still has some comments that have to be approved. The site plan is reflective of what the final product will be. We recommend approval. Blake Allison made a motion it to approve item c subject to staff comments. Clarke Taylor seconded the motion. A vote of 6-0 passed the motion. Bent Berry recused himself. Yes-6 No-0 Absent-2 Recused-1 d. request by Grouse 78, LLC for consideration of an ordinance to annex about 24.5 acres, more or less, for property located at Westland Drive and includes Tax Map 057 Parcel 011.00. (Withdrawn by applicant 11.14.2022) This item was withdrawn by the applicant. Page 4 of 7 e. request by Grouse 78, LLC for consideration of a Plan of Service for about 24.5 acres, more or less, for property located at Westland Drive and includes Tax Map 057 Parcel 011.00. (Withdrawn by applicant 11.14.2022) This item was withdrawn by the applicant. f. request by Grouse 78, LLC for consideration of an ordinance to zone about 30 acres, more or less, for property located at Westland Drive from unincorporated County and MU Mixed Use to PUD 42 and includes Tax Map 057 Parcel 011.00. (Withdrawn by applicant 11.14.2022) This item was withdrawn by the applicant. g. request by Joe Moore for consideration of an ordinance to zone about 16.54 acres, more or less, for property located at Westside drive from CH Highway Commercial and R-2 Low Density Single and Multi-Family Residential to PUD 44 and includes Tax Map 041F Group D Parcel 006.00. Robert Varnell stated this was 16.54-acre piece of land zoned R2 and CH and is adjacent to a PUD which had a plat approved this evening. It’s surrounded by the Cleveland Community Hospital along Westside Drive. Interstate 75 is across the street. The proposed PUD exhibit includes six (6) total structures with maybe going up to a possible four (4) floors. It is a multifamily complex with a club house and things like that. The PUD itself included language for Westside Drive improvements as well as Raven Drive improvements. On Westside Drive, we did request a left turn lane in. Some improvement on Raven Drive up to the proposed development’s second driveway. He believed there would be two (2) driveways. The development is not proposed to access directly to Westside Drive but would use Raven Drive. The proposed three hundred thirty-six (336) units would be in an multifamily style apartment complex. Alma Dotson asks what are they going to do about Raven Drive. Is it going to expanded? Going to be fortified? Two (2) lanes? Sidewalk, curbing? Robert Varnell stated they are going to improve it to what a city standard is for a road for a road that serves that area. Two (2) lanes. That’s correct for sidewalk and curbing. Alma Dotson stated right now two (2) cars can’t go by there. Page 5 of 7 Robert Varnell stated that’s correct. In fact, we are also going to have a little bit of an easement, a property donation so the city can come back and finish the section that goes back to the existing duplexes and other structures. After that is finished, you may remember the PUD next to it had to do some improvements on their side. So, they are going to take the other side and improve it. It’s a similar type of development, similar language involving the infrastructure. The proposed style of development will be to the same standard. Close proximity to the interstate and Cleveland State Community College. There’s certain areas in town where apartments may not work but this is one of them where you look at it and say it works. Improvements to our existing infrastructure to handle any as development changes to handle the traffic. Blake Allison stated so as far as our traffic questions were addressed on Adkisson, like a left turn lane. You said earlier and it’s hard to see, there’s a left turn going in. Robert Varnell stated that’s correct. Traveling from Norman Chapel back toward 25th Street, there will be a left turn lane into Raven Drive for not just our apartment but any other residents that might live in the area. Blake Allison stated and there’s a decel on the right? Robert Varnell stated yes, that’s correct. It’s not drawn that way but yes. It’s in the document. Blake Allison stated you’ve already touched on the sidewalks and the roads going twenty-four (24) foot. Robert Varnell stated yes it will be to the standard. The sidewalk ordinance is now official. Blake Allison stated that schools have been notified. Robert Varnell stated they have. We are looking at a number of options for the school system. We are comfortable at where we are at but we know in the future we have to start planning. Blake Allison stated due to the density. And Cleveland Utilities? Robert Varnell stated yes, and they are good to go. Alma Dotson stated there are roadways that are cut in. Are they turnarounds or just dead ends? Page 6 of 7 Robert Varnell stated Are you talking about this? Those are utility easements. Pipelines, yes. The only road except internal drives will be the widening of Raven here. The road will remain open for any existing residents. Blake Allison stated as far as renderings we haven’t seen anything yet. Ben Berry stated that the PUD requires fifty (50%) percent stone and brick on the first floor and no vinyl siding. On the second to fourth floor, some type of hardy like material alternating with different styles. You will see a lot of this in last month’s commercially zoned piece of property, probably more commercial than there’s need to fill in, with the change in the ordinance where you could do residential in commercial. Now you can’t. Last month and this month are kind of similar to that where you have a commercial piece of property, with an apartment complex so you are not going through a rezoning process. Blake Allison stated Adkisson was elevators and walk up. Ben Berry stated these are four (4) story and elevator served as well. Adkisson was a mix of the two (2). But this on all the buildings are the same. Blake Allison made a motion to approve item subject to staff comments. Alma Dotson seconded the motion. A vote of 6-0 passed the motion. Ben Berry recused himself. Yes-6 No-0 Absent-0 Recused-1 There was no Chairman’s Report. In the Director’s Report, December Meeting Date and Time Robert Varnell presented the date and time for the December called meeting as Tuesday, December 13, 2022, at 1:00 PM. Lunch will be served. Blake Allison made a motion to approve the December meeting date and Maryl Elliott seconded the motion. A vote of 7-0 passed the motion. Yes-7 No-0 Absent-2 The meeting adjourned at 6:23 PM. Page 7 of 7  Jonathan Jobe Development & Engineering Director Services jjobe@clevelandtn.gov 185 Second Street NE Cell: (423) 593-3821 Cleveland, TN 37311 (423) 479-1913 Fax: (423) 559-3373 Memo TO: Joe Fivas FROM: Jonathan Jobe DATE: December 19, 2022 RE: Cleveland Municipal Planning Commission Special Called Meeting Tuesday, December 13, 2022 The regular meeting of the Cleveland Municipal Planning Commission was called to order by Clarke Taylor, Vice-Chairman at 1:00 P.M. Commissioners present included Maryl Elliott, Clarke Taylor, Bill Estes, Jamie Creekmore, Alma Dotson and Blake Allison. Members absent included Tricia Pennington, Tiffani Sherlin and Ben Berry. Staff present included Robert Varnell, Planning Director, Erica Bevis, Planner, Darla Jenkins, Administrative Coordinator, Joel Prince, Planner/Codes Enforcement Supervisor, Jonathan Jobe, Director of Development and Engineering Services, and Joe Fivas, City Manager. Legal Counsel present included John Kimball, Attorney for the City of Cleveland. Others present included Randy Brown of Brown Surveying, Tom Cate of Cate Development, Rob Renner, Paul Ramsey and Max Phillips of Crye-Leike Realty, and Jack Fennell and Bryan Richardson of Richardson Group. There were no minutes for approval as this is a called meeting. There was no Old Business. In the Consent Agenda, a. Request by Pursuit Investments, LLC for approval of a final plat for property located at Cypress Lane SE (described as part of Tax Map 066H Group B Parcel 025.00) and located within the CH Highway Commercial zoning district. Page 1 of 3  Robert Varnell stated this is .2 acres with four (4) lots using townhome standards. There are a few existing comments to be addressed before staff has approval but it’s nothing that prevented it from coming to planning commission. But it will be held until the comments are addressed. b. Request by Dennis Botts for approval of a final plat for property located at Cliff Drive (also described as Tax Map 065F Group B Parcels 022.00, 023.00, and 024.00) and located within the R-2 low density single and multi-family zoning district. Robert Varnell stated this is 1.01 acres with six (6) lots. This one was adjusted slightly from the original submittal. He believed there were one(1) or two (2) lots that only allowed for single family construction detached as opposed to the possibility of a duplex. We have no more comments on this item. c. Request by Westmore Church of God, Christopher and Paula Knipp, and James Allison for approval of a final plat for property located at Inverness Drive NW (also described as Tax Map 041G Group F Parcels 005.00, 006.00, and 007.00) and located within the R-2 low density single and multi-family zoning district. Robert Varnell stated this is a three (3) lot subdivision located on .78 acres. This is pretty much a line adjustment for existing lots. There were a couple of comments that were addressed. d. Request by Duggan Development for approval of a preliminary plat/site plan for property located at Norman Chapel Road (also described as 041D Group H Parcel 003.00) and located within PUD 30 Zoning District. Robert Varnell stated we have a three (3) lot subdivision in lot thirty (30). All staff comments have been addressed. e. Request by Tom Cate for approval of a revised final plat for property located at Parkstone Drive (part of Tax Map 041F Group D Parcel 01.00) and located within PUD 30 Zoning District. Robert Varnell stated Parkstone is a four (4) lot subdivision. All staff comments are addressed as well. It’s in great shape. f. Request by John Sheehan for approval of a final plat for property located at King Den Drive (also described as Tax Map 034 Parcel 029.00) and located within PUD 35 Zoning District. Robert Varnell stated this is a thirty-seven (37) lot subdivision in King’s Den. This one has a couple of comments that need to be addressed on the final plat before signatures. Page 2 of 3  Blake Allison stated on Inverness, did we have language in there about the driveways? I didn’t see (David)Sheely comments. Robert Varnell stated that will come from transportation. And, when they pull a permit for construction, we will make sure it’s in the right spot. Blake Allison made a motion to approve the Consent Agenda subject to staff comments. Alma Dotson seconded the motion. With a vote of 6-0, the motion passed. Yes-6 No-0 Absent-3 In New Business, a. Request by City of Cleveland for consideration of an ordinance to amend the Cleveland, Tennessee Subdivision Regulations, Section 6.10 to refer to the City of Cleveland Municipal Code Title 16 Chapter 5 “Sidewalks”. (Removed by staff for further review) Item a was removed by staff for further review before the meeting. b. Request by City of Cleveland to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 1.6 Definitions to amend dwelling and associated definitions. After a short discussion, staff withdrew item b for further review. There was no Chairman’s Report. There was no Director's Report. The meeting was adjourned at 1:24 P.M. Page 3 of 3  Consent Agenda Staff Report Case: SUB 2023-01 City Fields Final Plat (see Appendix for case materials) January 17, 2023 City of Cleveland Municipal Planning Commission Applicant: City Fields Site Address: Wilson Avenue Tax Map: 057E Q 021.00 Area: 0.5 Acres Current Zone: R-2 Low Density Single and Multi-Family Residential Request: Approval of Final Plat Sewer/Water: Yes Council District: District 2-Bill Estes PLANNING & DEVELOPMENT 1. Analysis The final plat in question includes a total of 3 lots which are to be developed utilizing standards for R-2 Low Density Single and Multi-Family Residential Zoning. 2. Staff Recommendation APPROVE PENDING STAFF COMMENTS The submitted version of the Final Plat will meet the requirements of the City of Cleveland Subdivision regulations and Zoning Ordinance once comments are addressed.  Consent Agenda Staff Report Case: SUB 2023-02 Deer Ridge Subdivision Preliminary Plat (see Appendix for case materials) January 17, 2023 City of Cleveland Municipal Planning Commission Applicant: Riverstone Construction, LLC Site Address: Old Powerline Lane Tax Map: 058 Portion of 025.02 Area: 8.38 Acres Current Zone: PUD 41 Request: Approval of Preliminary Plat Sewer/Water: Yes Council District: District 4-David May Jr. PLANNING & DEVELOPMENT 1. Analysis The final plat in question includes a total of 28 lots which are to be developed utilizing standards for PUD 41 Zoning Ordinance. Each buildable lot will contain a detached single-family dwelling. 2. Staff Recommendation APPROVE PENDING STAFF COMMENTS The submitted version of the Preliminary Plat will meet the requirements of the City of Cleveland Subdivision regulations and Zoning Ordinance once comments are addressed. BSC  Consent Agenda Staff Report Case: SUB 2023-03 Fairview Hills Preliminary Plat (see Appendix for case materials) January 17, 2023 City of Cleveland Municipal Planning Commission Applicant: Riverstone Construction, LLC Site Address: Minnis Rd NE Tax Map: 058 024.00 Area: 1.01 Acres Current Zone: PUD 41 Request: Approval of Preliminary Plat Sewer/Water: Yes Council District: District 4-David May Jr. PLANNING & DEVELOPMENT 1. Analysis The preliminary plat in question includes a total of 93 lots which are to be developed utilizing standards for PUD 41. Each buildable lot will contain a single family detached dwelling. 2. Staff Recommendation APPROVE PENDING STAFF COMMENTS The submitted version of the preliminary Plat will meet the requirements of the City of Cleveland Subdivision regulations and Zoning Ordinance once all comments are addressed. BSC Staff Report Case: ZON 2023-01 Benjamin Crest Annexation and Rezoning (see Appendix for case materials) January 17, 2023 City of Cleveland Municipal Planning Commission Applicant: Rex Wagner Site Address: Property south of Benjamin Crest Tax Map: 033 008.00 Area: 2.28 acres Current Zone: FAR/Unincorporated County Request: Approval POS, Annexation, and Rezoning to R1 Sewer/Water: Yes Council District: District 5 – Dale R. Hughes PLANNING & DEVELOPMENT 1. Analysis The request considers the annexation and rezoning of approximately 2.28 acres from FAR/unincorporated county to R-1 Single Family Residential. The property owners of lots 10-13 in Benjamin Crest Subdivision will each absorb .57 acres, more or less, of the land into their current parcel as shown on the revised plat provided. 2. Staff Recommendation APPROVE  15 71 156 1 155 1 155 6 Ben 154 1 jam in C 154 ir N 4 W 153 1 153 4 100 152 3 1 C ro ssi n gW ay NW 151 1 150 1 1510 1016 149 1 1492 4719 4729  JANUARY 17, 2023 BENJAMIN CREST-REX WAGNER ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 2.28 acres located south of Benjamin Circle as described in this report, along with a corresponding plan of service and zoning plan for the area. The area is inside the existing Urban Growth Boundary (UGB). The proposed annexation is proposed to occur in 2023. This report begins with a brief overview of the annexation process and the report then turns to a proposed Plan of Services (POS) for the annexation area. The services described are those that would be necessary for the City to provide under Tennessee law. This area is proposed to receive city services in accordance with the POS. Introduction Public Chapter 1101 (PC 1101), adopted as Tennessee law in 1998, required cities to work cooperatively with other local governments to determine an urban growth boundary (UGB) in which annexations could occur. Cleveland has a twenty-nine square mile UGB that was based on a study of urbanization and service requirements in a fifty square mile urban fringe area. The UGB was amended in January 2010, expanding it near I-75 Exit 20 and in the vicinity of the new airport site near Dry Valley Road. Cleveland can annex property within its UGB by resolution. PC 1101 Section 19 requires a “Plan of Services” (POS) prior to annexation and these services must include: police and fire protection: water, electrical and sanitary sewer services; solid waste collection; road and street construction and repair; recreational facilities and programs; street lighting; and zoning services. Public Chapter 225 adopted by the Tennessee General Assembly and signed by Governor Bredesen on June 2, 2003, amended TCA 6-51-102 to include impact on school attendance zones. The property consists of one parcel with one portion of a parcel, approximately 2.28 acres. The annexation would zone the property as R-1 Single Family Residential and Lots 10-14 will each absorb approximately .57 acres of the annexation as shown on a provided plat. The property is described as Tax Map 033 Parcel 008.00. Benjamin Crest Annexation Map Legal Description [Place Holder] Plan of Services 1. Police Protection Patrolling, radio response to calls and other routine police services using the City’s personnel and equipment will be provided on the effective date of the annexation.  There is no additional cost expected from this annexation. 2. Fire Protection The Cleveland Fire Department could service this area immediately with our existing Station 2 without any impact to the budget. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water---The annexed area will be absorbed by 4 lots in Benjamin Crest Subdivision. Domestic water service is presently available to this parcel via a 6” water main along Benjamin Circle. See Figure 1—Existing Water and Sewer Locations. B. Sanitary Sewer--- The annexed area will be absorbed by 4 lots in Benjamin Crest subdivision. Sewer service is presently available to the parcel via an 8-inch gravity sewer main along Benjamin Circle. See Figure 1—Existing Water and Sewer Locations. C. Fire Protection--- Benjamin Circle currently has fire protection SUMMARY OF COSTS Domestic Sanitary Fire Location Total Water Sewer Protection Near Benjamin $0 $0 $0 $0 Circle (033 008.00) 4. Electric Service The electric division has power to the property and can serve customers as needed. 5. Public Works A. Refuse Collection a. Current city policies regarding residential, commercial, and industrial refuse will apply in all proposed areas per the terms of the City’s contract with Waste Connections of Tennessee, Inc. b. The City no longer provides curbside recycling, and this service will not be provided in the proposed areas, unless the City Council initiates a program in the future. B. Route Collection Services a. Current city policies regarding residential debris, brush, and white good collections will apply in all proposed areas and will begin at the time of annexation. Each residence will be included in the City’s ten route collection system. No additional equipment or manpower will be needed at this time. b. The current city policies regarding residential leaf collection will be provided annually for a period of approximately three months and will apply in all proposed areas. C. Street Repair and Maintenance a. Emergency maintenance of city streets (i.e. repairing hazardous potholes) within the proposed areas will begin at time of annexation. b. Routine maintenance of local streets in the proposed areas will be scheduled on the same basis as such maintenance in the rest of the City. c. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such substantial improvements in the proposed areas (where identified as needed by the governing body) will be accomplished in accordance with the priorities and policies established for the entire city. d. It appears that no street name signs or street striping/painting is needed at this time for the proposed areas.  D. Stormwater and Drainage Services Emergency drainage maintenance (i.e. cleaning catch basins, unstopping tile, installing drainage tile and/or catch basins) within these areas will begin at time of annexation. E. General Rights-of-Way Maintenance (i.e. street sweeping, snow removal) a. Current city policies for routine street sweeping will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. b. Current city policies for snow removal and salting will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. 6. Schools This annexation will have no impact on the City School System. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently zoned FAR Forestry/Agricultural/Residential Zoning in the unincorporated County. The property is proposed for a PUD Planned Unit Development Zoning District as its post-annexation zoning. C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include  pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. 9. Voting Rights and City Elections A. If an eligible voter’s permanent place of residence is located in an annexed area, that voter is automatically eligible to vote in City elections. B. If an eligible voter is in the category of a property rights voter, then that voter must register at the Election Commission Office prior to voting in a City election. C. This annexation is expected to add approximately 310 residents to the 3rd City Council District. 10. Stormwater I. The City of Cleveland Stormwater Utility Fee is based on impervious area. The fee is 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. II. All new development will need to adhere to the City of Cleveland Stormwater Ordinance. It appears that there may be a stream located on this site. Please review the City of Cleveland stream buffer requirements for any new development. Any modifications to the stream will require an Aquatic Resource Alteration Permit (ARAP). This permit is issued by the Tennessee Department of Environment and Conservation. III. The City of Cleveland is now a Qualified Local Program (QLP). All development needing the Tennessee Department of Environment and Conservation (TDEC) Construction General Permit coverage will submit all required documentation and fees to the City of Cleveland only. IV. According to our maps there appear to be the possibility of hydric soils and streams on this site. A hydrological determination will be required and will need to be approved by TDEC. If it is determined that a wetland and/or stream is located on site, and work is proposed in those features, an Aquatic Resource Alteration Permit (ARAP) will be required before a Notice of Coverage can be issued. Please include Cleveland Stormwater staff in all communications. Revenue Total revenue generated per lot as a result of this annexation would be approximately $176.50 Total revenue generated by this annexation is $706.00  RESOLUTION 2023- A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT PROPERTY SOUTH OF BENJAMIN CREST (Portion of 033 008.00) WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries by owner consent; and WHEREAS, a Plan of Services for the territory proposed for annexation by owner consent has been reviewed by the Cleveland Municipal Planning Commission; and WHEREAS, the governing body desires to conduct a public hearing on the proposed annexation and plan of services; NOW THEREFORE BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A. That a public hearing is hereby held at 3:00 pm on February 13, 2023, at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: [place holder for legal description] B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. APPROVED AS TO FORM: ______________________________ _____________________________ John F. Kimball, City Attorney Kevin Brooks, Mayor ______________________________ Shawn McKay, City Clerk  RESOLUTION 2023- A RESOLUTION TO ANNEX CERTAIN TERRITORY UPON WRITTEN CONSENT OF THE OWNERS AND TO INCORPORATE THE SAME WITHIN THE BOUNDARIES OF THE CITY OF CLEVELAND, TENNESSEE ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on April 11, 2022. NOW, THEREFORE, BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A.That the following territory is hereby annexed and incorporated into boundaries of the City of Cleveland, to wit: [place holder for legal description] B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. D. That a copy of this Resolution shall be sent to the Tennessee Comptroller of the Treasury and the Bradley County Assessor of Property. E. That a copy of this Resolution, as well as the portion of the Plan of Services related to emergency services and a detailed map of the annexed area, shall be sent to any affected emergency communication district. WHEREUPON, the Mayor affixed a signature and date thereto and directed that the same be recorded. EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning for the aforementioned property within the City of Cleveland. APPROVED AS TO FORM: ______________________________ ______________________________ John F. Kimball, City Attorney Kevin Brooks, Mayor ______________________________ Shawn McKay, City Clerk  Zoning Ordinance No. 2023- 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, re-zoned from County FAR Agriculture District to R-1 Single Family Residential Zoning District. Approximately 2.28 acres, more or less, located south of Benjamin Circle as shown on the attached map. For reference, same property is being shown on a portion of Tax Map 033 Parcel 008.00, 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: John F. Kimball, City Attorney SIGNED: Kevin Brooks, Mayor Shawn McKay, City Clerk Exhibit A Staff Report Case: ZON 2023-02 Cove Lake Drive Annexation and Rezoning (see Appendix for case materials) January 17, 2023 City of Cleveland Municipal Planning Commission Applicant: Marilyn Workman Site Address: Cove Lake Drive Tax Map: 033G A 034.01 Area: 6.78 acres Current Zone: FAR/Unincorporated County Request: Approval of POS, Annexation and rezoning to R-1 Sewer/Water: Yes Council District: District 3 – Tom Cassada PLANNING & DEVELOPMENT 1. Analysis The request considers the annexation and rezoning of approximately 6.78 acres, more or less, from FAR/unincorporated county to R-1 Single Family Residential. The property owner proposes to build a single-family home in conformity with the existing homes in the subdivision. 2. Staff Recommendation Plan of Service: APPROVE Annexation: APPROVE Rezoning: APPROVE  3531 Trl NW 3611 ood 3511 urw So 3619 3629 6 35 6 3583 35 97 1 358 Co ve La ke Dr NW NW Cir 7 ak 57 wO 3 illo W  JANUARY 17, 2023 COVE LAKE DRIVE-MARILYN WORKMAN ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 6.78 acres located on Cove Lake Drive, as described in this report, along with a corresponding plan of service and zoning plan for the area. The area is inside the existing Urban Growth Boundary (UGB). The proposed annexation is proposed to occur in 2023. This report begins with a brief overview of the annexation process and the report then turns to a proposed Plan of Services (POS) for the annexation area. The services described are those that would be necessary for the City to provide under Tennessee law. This area is proposed to receive city services in accordance with the POS. Introduction Public Chapter 1101 (PC 1101), adopted as Tennessee law in 1998, required cities to work cooperatively with other local governments to determine an urban growth boundary (UGB) in which annexations could occur. Cleveland has a twenty-nine square mile UGB that was based on a study of urbanization and service requirements in a fifty square mile urban fringe area. The UGB was amended in January 2010, expanding it near I-75 Exit 20 and in the vicinity of the new airport site near Dry Valley Road. Cleveland can annex property within its UGB by resolution. PC 1101 Section 19 includes “Plan of Services” (POS) prior to annexation and these services must include: police and fire protection: water, electrical and sanitary sewer services; solid waste collection; road and street construction and repair; recreational facilities and programs; street lighting; and zoning services. Public Chapter 225 adopted by the Tennessee General Assembly and signed by Governor Bredesen on June 2, 2003, amended TCA 6-51-102 to include impact on school attendance zones. The property consists of one parcel. The annexation would zone the property as R-1 Single Family Residential. The property is described as Tax Map 033G Group A Parcel 034.01. Cove Lake Drive Map Legal Description [Place Holder] Plan of Services 1. Police Protection Patrolling, radio response to calls and other routine police services using the City’s personnel and equipment will be provided on the effective date of the annexation. There is no additional cost expected from this annexation.  2. Fire Protection The Cleveland Fire Department could service this area immediately with our existing Station 5 without any impact to the budget. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water---A 2-inch water main is existing along Cove Lake Road. See Figure 1—Existing Water and Sewer Locations. B. Sanitary Sewer--- An 8-inch gravity sewer main is existing along Cove Lake Drive. Figure 1—Existing Water and Sewer Locations C. Fire Protection--- There is an existing fire hydrant along Cove Lake Drive. SUMMARY OF COSTS Domestic Sanitary Fire Location Total Water Sewer Protection Cove Lake Drive $0 $0 $0 $0 (033G A 034.01) 4. Electric Service The electric division has power to the property and can serve customers as needed. 5. Public Works A. Refuse Collection a. Current city policies regarding residential, commercial, and industrial refuse will apply in all proposed areas per the terms of the City’s contract with Waste Connections of Tennessee, Inc. b. The City no longer provides curbside recycling, and this service will not be provided in the proposed areas, unless the City Council initiates a program in the future. B. Route Collection Services a. Current city policies regarding residential debris, brush, and white good collections will apply in all proposed areas and will begin at the time of annexation. Each residence will be included in the City’s ten route collection system. No additional equipment or manpower will be needed at this time. b. The current city policies regarding residential leaf collection will be provided annually for a period of approximately three months and will apply in all proposed areas. C. Street Repair and Maintenance a. Emergency maintenance of city streets (i.e. repairing hazardous potholes) within the proposed areas will begin at time of annexation. b. Routine maintenance of local streets in the proposed areas will be scheduled on the same basis as such maintenance in the rest of the City. c. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such substantial improvements in the proposed areas (where identified as needed by the governing body) will be accomplished in accordance with the priorities and policies established for the entire city. d. It appears that no street name signs or street striping/painting is needed at this time for the proposed areas.  D. Stormwater and Drainage Services Emergency drainage maintenance (i.e. cleaning catch basins, unstopping tile, installing drainage tile and/or catch basins) within these areas will begin at time of annexation. E. General Rights-of-Way Maintenance (i.e. street sweeping, snow removal) a. Current city policies for routine street sweeping will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. b. Current city policies for snow removal and salting will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. 6. Schools This will cause no impact to the City School System. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently zoned FAR Forestry/Agricultural/Residential Zoning in the unincorporated County. The property is proposed for a PUD Planned Unit Development Zoning District as its post-annexation zoning. C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include  pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. 9. Voting Rights and City Elections A. If an eligible voter’s permanent place of residence is located in an annexed area, that voter is automatically eligible to vote in City elections. B. If an eligible voter is in the category of a property rights voter, then that voter must register at the Election Commission Office prior to voting in a City election. C. This annexation is expected to add approximately 310 residents to the 3rd City Council District. 10. Stormwater I. The City of Cleveland Stormwater Utility Fee is based on impervious area. The fee is 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. II. All new development will need to adhere to the City of Cleveland Stormwater Ordinance. It appears that there may be a stream located on this site. Please review the City of Cleveland stream buffer requirements for any new development. Any modifications to the stream will require an Aquatic Resource Alteration Permit (ARAP). This permit is issued by the Tennessee Department of Environment and Conservation. III. The City of Cleveland is now a Qualified Local Program (QLP). All development needing the Tennessee Department of Environment and Conservation (TDEC) Construction General Permit coverage will submit all required documentation and fees to the City of Cleveland only. IV. According to our maps there appear to be the possibility of hydric soils and streams on this site. A hydrological determination will be required and will need to be approved by TDEC. If it is determined that a wetland and/or stream is located on site, and work is proposed in those features, an Aquatic Resource Alteration Permit (ARAP) will be required before a Notice of Coverage can be issued. Please include Cleveland Stormwater staff in all communications. Revenue The total income from annexation would result in approximately $2,650.50 in property tax revenue.  RESOLUTION 2023- A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT COVE LAKE DRIVE (033G A 034.01) WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries by owner consent; and WHEREAS, a Plan of Services for the territory proposed for annexation by owner consent has been reviewed by the Cleveland Municipal Planning Commission; and WHEREAS, the governing body desires to conduct a public hearing on the proposed annexation and plan of services; NOW THEREFORE BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A. That a public hearing is hereby held at 3:00 pm on February 13, 2023, at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: [place holder for legal description] B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. APPROVED AS TO FORM: ______________________________ _____________________________ John F. Kimball, City Attorney Kevin Brooks, Mayor ______________________________ Shawn McKay, City Clerk  RESOLUTION 2023- A RESOLUTION TO ANNEX CERTAIN TERRITORY UPON WRITTEN CONSENT OF THE OWNERS AND TO INCORPORATE THE SAME WITHIN THE BOUNDARIES OF THE CITY OF CLEVELAND, TENNESSEE COVE LAKE DRIVE ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on February 23, 2023. NOW, THEREFORE, BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A.That the following territory is hereby annexed and incorporated into boundaries of the City of Cleveland, to wit: [place holder for legal description] B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. D. That a copy of this Resolution shall be sent to the Tennessee Comptroller of the Treasury and the Bradley County Assessor of Property. E. That a copy of this Resolution, as well as the portion of the Plan of Services related to emergency services and a detailed map of the annexed area, shall be sent to any affected emergency communication district. WHEREUPON, the Mayor affixed a signature and date thereto and directed that the same be recorded. EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning for the aforementioned property within the City of Cleveland. APPROVED AS TO FORM: ______________________________ ______________________________ John F. Kimball, City Attorney Kevin Brooks, Mayor ______________________________ Shawn McKay, City Clerk  Zoning Ordinance No. 2023- 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, re-zoned from County FAR Agriculture to R-1 Single Family Residential Zoning District. Approximately 6.78 acres, more or less, located at Cove Lake Drive as shown on the attached map. For reference, same property is being shown on Tax Map 033G Group A Parcel 034.01, 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: John F. Kimball, City Attorney SIGNED: Kevin Brooks, Mayor Shawn McKay, City Clerk Exhibit A Staff Report Case: ZON 2023-03 10th Street Rezoning (see Appendix for case materials) January 17, 2023 City of Cleveland Municipal Planning Commission Applicant: Joel Simpkins Site Address: 10th Street Tax Map: 049F M 002.02 Area: .45 acres Current Zone: R-1 Single Family Residential Request: Consideration of rezoning from R-1 to R-3 Sewer/Water: Yes Council District: District 3 – Tom Cassada PLANNING & DEVELOPMENT 1. Analysis The request considers the rezoning of approximately .45 acres from R-1 Single Family Residential to R-3 Multi-Family Residential. Surrounding properties consist of a mixture of R-1 Single Family Residential and R-3 Multi-Family Residential. The property owner is proposing to build a quadraplex on the property that meets all setbacks and density requirements. 2. Staff Recommendation APPROVE  Zoning Ordinance No. 2023- 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, re-zoned from R-1 Single Family Residential Zoning District to R-3 Multi- Family Residential Zoning District. Approximately .45 acres, more or less, located 10th NW as shown on the attached map. For reference, same property is being shown on Tax Map 049F Group M Parcel 002.02, 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: John F. Kimball, City Attorney SIGNED: Kevin Brooks, Mayor Shawn McKay, City Clerk Exhibit A  Staff Report Case: ZON2023-05 Zoning Ordinance Amendment (see Appendix for case materials) January 17, 2023 City of Cleveland Municipal Planning Commission Applicant: City of Cleveland Request: Amendment to Title 14 Zoning Ordinance, Section 2.10.1 Uses allowed, and 2.11.1 Uses allowed to remove Mini-warehouse facilities and include them in section 2.10.2 Conditional Uses, and 2.11.2 Conditional Uses. PLANNING & DEVELOPMENT 1. Analysis Mini warehouses are relegated in CH and CG districts in regard to building orientation. Staff believes that placing them as a conditional use allows for more thoughtful submissions in effort to ensure that property being developed is of the highest and best use for the neighborhood. 2. Staff Recommendation APPROVE  2023- AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTIONS 2.10.1 L AND 2.11.1 L SO AS TO AMEND THE PERMITTED USES WITHIN THE CG GENERAL COMMERCIAL AND CH HIGHWAY COMMERCIAL ZONING DISTRICTS; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has evaluated the intent of the language in the existing zoning resolution concerning the permitted uses within the CG General Commercial and CH Highway Commercial Zoning Districts; and WHEREAS, the current uses permitted within the CG General Commercial Section L and CH Highway Commercial section L referenced within the zoning ordinance is no longer in effect; and WHEREAS the City Council has determined that the existing ordinance should be revised to clarify that the Mini-warehouse facilities uses currently permitted within CG General Commercial and CH Highway Commercial Zoning Districts shall be Conditional Uses; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 2.10.1 L be deleted and 2.10.2 D be amended as follows: D. Mini-warehouse facilities provided that storage units are accessed internally from within the building and that the facilities meet the following criteria: 1. Any façade facing the public right-of-way must be composed of a minimum 50% brick or stone or similar and meet or exceed the commercial development elements of the surrounding properties. Section 2. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 2.11.1 L be deleted and 2.11.2 C be amended as follows: C. Mini-warehouse facilities provided that storage units are accessed internally from within the building and that the facilities meet the following criteria:  1. Any façade facing the public right-of-way must be composed of a minimum 50% brick or stone or similar and meet or exceed the commercial development elements of the surrounding properties. Section 3. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 4. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: ____________________________ John F. Kimball, City Attorney SIGNED: _______________________ Kevin Brooks, Mayor