Planning Commission

AGENDA REGULAR MEETING CLEVELAND APRIL 18, 2023, 6:00PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes March 21, 2023 2. Public Hearings None 3. Consent Agenda a. Request by CT Properties for approval of a final plat for property located at Westover Drive (also described as Tax Map 057C Group B Parcel 001.00). b. Request by Todd Duggan for approval of a final plat for property located at Norman Chapel Rd. (also described as Tax Map 049F Group M Parcel 002.02). 4. Old Business None 5. New Business a. Request by Duane Goff for approval of a final plat for property located at 4100 North Ocoee St. (also described as Tax Map 042G Group C Parcel 109.00) b. Request by Duane Goff for approval of a final plat for property located at 4100 North Ocoee St. (also described as Tax Map 042G Group C Parcel 119.00) c. Request by Tom Gibson Jr. for approval of a final plat for property located at Gibson Drive and Stephens Road (also described as Tax Map 042N Group B Parcel 004.00). d. Request by Betty Owen for consideration of an ordinance to zone about 10.76 acres, more or less, from IH Heavy Industrial to MU  Mixed Use Zoning and includes Tax Map 058 Parcels 006.00 and 008.00. 6. Chairman’s Report 7. Director’s Report 8. Adjourn  Jonathan Jobe Development & Engineering Director Services jjobe@clevelandtn.gov 185 Second Street NE Cell: (423) 593-3821 Cleveland, TN 37311 Memo TO: Joe Fivas FROM: Jonathan Jobe DATE: March 22, 2023 RE: Cleveland Municipal Planning Commission Regular Meeting Tuesday, March 21, 2023 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 Maryl Elliott, Clarke Taylor, Bill Estes, Jamie Creekmore, Alma Dotson, Tricia Pennington, Tiffani Sherlin, Ben Berry, and Blake Allison. There were no members absent. Staff present included Robert Varnell, Planning Director, Erica Bevis, Planner, Darla Jenkins, Administrative Coordinator, and Joel Prince, Planner/Codes Enforcement Supervisor. Legal Counsel present included John Kimball, Attorney for the City of Cleveland. Others present Tony Richmond of Richmond Surveying and Duane Knight. The minutes of the February 21, 2023, regular meeting minutes were presented for approval. Bill Estes made a motion to approve the February 21, 2023, minutes and Blake Allison seconded the motion. A vote of 9-0 passed the motion. Yes-9 No-0 Absent-0 There was no Public Hearings. There was no Consent Agenda. There was no New Business. In New Business, Page 1 of 3 a. request Simpkins Group for approval of a preliminary plat for property located at 10th Street NW (also described as Tax Map 049F Group M Parcel 002.02) and located within R-3 Multi Family Zoning District. Robert Varnell stated this is a recently rezoned piece of property. It’s a preliminary plat for a straightforward townhome following the townhome ordinance. It’s R3 and at the corner lot at 10th and Zius Circle. We had a couple of comments. One was the site review and it needs to be labeled correctly as the zoning is now R3. So that’s it. Once the new plat comes in, we are good to go. Ben Berry made a motion to approve item a subject to staff comments and Blake Allison seconded the motion. A vote of 9-0 passed the motion. Yes-9 No-0 Absent-0 b. request by Dustin Hawkins for consideration of an ordinance to zone about 1.40 acres more or less, from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning and includes Tax Map 065D Group F Parcel 002.01. Robert Varnell stated this is kind on a corner and one of them is an unopen right of way. The property was originally zoned R2 and requested the rezoning of CH for one reason or another. There’s R2 all around it except for the unopen right-a-way is R3 across the street. They have a development plan in this site and have already developed the existing part in R2. It’s a townhome development. Jamie Creekmore made a motion to approve the item b and Blake Allison seconded the motion. A vote of 9-0 passed the motion. Yes-9 No-0 Absent-0 c. request by Joseph Ownbey for consideration of an ordinance to zone about .41 acres, more or less, from R-1 Single Family Residential to R-3 Multi-Family Residential and includes Tax Map 049C Group B Parcel 021.00. Robert Varnell stated this is one of those situations where the applicant is Joseph Ownbey but the applicant is actually Duane Goff who will move forward with the property if it is rezoned. You have a TVA (Tennessee Valley Authority) easement in the front part of the property. The front piece is already zoned R3 and owned by the same owner. And the back piece…it’s really one (1) property in two (2) separate parcels. You have the R1 property to the east. Their intent is to develop this Page 2 of 3  piece. Of course, we will recommend through site review to keep part of those trees and keep the existing buffer in place for the R1. The area of the neighborhood is apartments and townhomes and that’s what they are hoping to do. Bill Estes asked what’s allowed under the TVA powerlines? Robert Varnell stated parking, road access, very little landscaping, and no structures. It will go with the consisting theme on Ohio right there. There will be one (1) driveway coming in back to that parcel. Blake Allison made a motion to approve the item a subject to staff comments and Clarke Taylor seconded the motion. A vote of 9-0 passed the motion. Yes-9 No-0 Absent-0 There was no Chairman’s Report. There was no Director’s Report The meeting was adjourned at 6:07 P.M. Page 3 of 3  Consent Agenda Staff Report Case: SUB 2023-11 Westover Drive Townhomes Final Plat (see Appendix for case materials) April 18, 2023 City of Cleveland Municipal Planning Commission Applicant: CT Properties Site Address: Westover Drive Tax Map: 057C B M 001.00 Area: .26 Acres Current Zone: CH Highway Commercial Request: Approval of Final Plat Sewer/Water: Yes Council District: District 1-Marsha McKenzie PLANNING & DEVELOPMENT 1. Analysis The final plat in question includes a total of 2 lots which are to be developed utilizing standards for townhome subdivision regulations. The preliminary plat was approved during the March 2022 Planning Commission Meeting. The variances were approved at the March 2022 BZA meeting. 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. Outstanding Comments Stormwater - Please label the buffer as “undisturbed Stream Buffer.” -Please complete site work as shown on the approved plans. This includes landscaping, ground stabilization, Etc. -Please show the floodplain as shown and labeled on the approved site plans.  Consent Agenda Staff Report Case: SUB 2023-12 Townhomes at Parkstone Final Plat (see Appendix for case materials) April 18, 2023 City of Cleveland Municipal Planning Commission Applicant: Todd Duggan Site Address: Norman Chapel Road Tax Map: 041D H 002.00 Area: .42 Acres Current Zone: PUD 30 Request: Approval of Final Plat Sewer/Water: Yes Council District: District 5-Dale R. Hughes PLANNING & DEVELOPMENT 1. Analysis The final plat in question includes a total of 3 lots which are to be developed utilizing standards for PUD 30 Zoning and townhome subdivision regulations. 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. Outstanding Comments  Agenda Staff Report Case: SUB 2023-13 4100 North Ocoee Lot 50 Final Plat (see Appendix for case materials) April 18, 2023 City of Cleveland Municipal Planning Commission Applicant: Duane Goff Site Address: 4100 North Ocoee St. Lot 50 Tax Map: 042G C 109.00 Area: .23 Acres Current Zone: R-3 Multi-Family Residential Request: Approval of Final Plat Sewer/Water: Yes Council District: District 4-David May Jr. PLANNING & DEVELOPMENT 1. Analysis The final plat in question includes a total of 3 lots which have been developed utilizing standards for R-3 Multi-Family Residential Zoning and townhome subdivision regulations. The development received a BZA variance approval prior to construction due to the drainage easement noted for a future stormwater project. The units only equal 18’ in width due to the needed easement. 2. Staff Recommendation APPROVE The submitted version of the Final Plat meets the requirements of the City of Cleveland Subdivision regulations and Zoning Ordinance with BZA variance approval.  Agenda Staff Report Case: SUB 2023-14 4100 North Ocoee Lot 65 Final Plat (see Appendix for case materials) April 18, 2023 City of Cleveland Municipal Planning Commission Applicant: Duane Goff Site Address: 4100 North Ocoee St. Lot 65 Tax Map: 042G C 119.00 Area: .23 Acres Current Zone: R-3 Multi-Family Residential Request: Approval of Final Plat Sewer/Water: Yes Council District: District 4-David May Jr. PLANNING & DEVELOPMENT 1. Analysis The final plat in question includes a total of 4 lots which have been developed utilizing standards for R-3 Multi-Family Residential Zoning and townhome subdivision regulations. The development received a BZA variance approval prior to construction due to the drainage easement noted for a future stormwater project. The units only equal 18’ in width due to the needed easement. 2. Staff Recommendation APPROVE The submitted version of the Final Plat meets the requirements of the City of Cleveland Subdivision regulations and Zoning Ordinance with BZA variance approval.  Consent Agenda Staff Report Case: SUB 2023-15 Gibson Drive Final Plat (see Appendix for case materials) April 18, 2023 City of Cleveland Municipal Planning Commission Applicant: Tom Gibson Jr. Site Address: Stephens Rd. and Gibson Dr. Tax Map: 042N B 004.00 Area: 4.72 Acres Current Zone: R-2 Low Density Single and Multi-Family Request: Approval of Final Plat Sewer/Water: Yes Council District: District 4-David May Jr. PLANNING & DEVELOPMENT 1. Analysis The final plat in question includes a total of 3 lots. Lots 1 and 2 have existing structures on them. The 3rd lot is intended to be developed using R-2 Low Density Single and Multi-Family Zoning District. 2. Staff Recommendation APPROVE PENDING STAFF COMMENTS The submitted version of the Final Plat is necessary for the settlement of an estate. Lot 3 currently does not meet the requirements regarding street frontage. While the northern property line touches Gibson Drive, it does not meet the minimum threshold. The Plat references a variance request which can only be approved by the Board of Zoning Appeals. Staff recommends approval pending the approval of the BZA. Lot 3 is intended to be developed in the future, and Gibson Drive would be extended to access and accommodate any future development at the expense of the property owner. Staff Report Case: ZON 2023-10 2540 Benton Pike Rezoning (see Appendix for case materials) April 18, 2023 City of Cleveland Municipal Planning Commission Applicant: Betty Owen Site Address: 2540 Benton Pike NE Tax Map: 058 006.00 and 008.00 Area: 10.76 acres Current Zone: IH Heavy Industrial Request: Approval of Rezoning to from IH to MU Sewer/Water: Yes Council District: District 4 – David May Jr. PLANNING & DEVELOPMENT 1. Analysis The request considers the rezoning of approximately 10.76 acres from IH Heavy Industrial Zoning to MU Mixed Use Zoning. The site, which sits in close proximity to the new Whirlpool Industrial Campus as well as several residential PUD’s, is planned to have some level of commercial uses to serve the surrounding area. The property to the west is already zoned Mixed Use and both sites are planned for similar commercial uses. 2. Staff Recommendation APPROVE