Planning Commission

AGENDA CLEVELAND MUNICIPAL PLANNING COMMISSION REGULAR MEETING TUESDAY, DECEMBER 12, 2023, 1:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes November 21, 2023 2. Public Hearings 3. Consent Agenda a. request by CT Properties for approval of a final plat for property located at New Murraytown Road (also described as Tax Map 040 Parcel 078.00) and located within PUD 34 Zoning District. b. request by Duane Goff for approval of a final plat for property located at Pleasant Grove Church Road (also described as Tax Map 056 Parcels 060.00 and 062.02) and located within CH Highway Commercial Zoning District. c. request by Pleasant Grove Properties for approval of a preliminary plat for property located at the corner of McNabb Drive NW and Woodlawn Ave. NE (also described as Tax Map 042 Group J Parcel 005.00) and located within PUD 19 Zoning District. d. request by Andrew Thompson for approval of a preliminary plat for property located at Mikel Street NW and located within the R-2 Low Density Single and Multi-Family Zoning District (also described as Tax Map 042P Group J Parcel 024.00).  Old Business 4. New Business a. request by Phoenix Cleveland TN Industrial Investors for consideration of an ordinance to zone about 3.37 acres, more or less, of property located on Inman Street East from CBD Central Business District to CG General Commercial and includes Tax Map 057D Group E Parcel 020.00. b. request by Phoenix Cleveland TN Industrial Investors for consideration of an ordinance zone about 1 acre, more or less, of property located on Cincinnati Ave. SES from CBD Central Business District to IL Light Industrial and includes Tax Map 057E Group B Parcel 013.00. c. request by Larry Eskew for consideration of a Plan of Service for 23.54 acres, more or less, of property located at Waterlevel Highway and includes Tax Map 058J Group F Parcels 014.00, 014.02, and 014.03. d. request by Larry Eskew for consideration of a resolution to annex 23.54 acres, more or less, of property located at Waterlevel Highway and includes Tax Map 058J Group F Parcels 014.00, 014.02, and 014.03. e. request by Larry Eskew for consideration of an ordinance to zone 23.54 acres, more or less, of property located at Waterlevel Highway from FAR to CH Highway Commercial and includes Tax Map 058J Group F Parcels 014.00, 014.02, and 014.03. f. request by the City of Cleveland for consideration of an ordinance to amend Title 14, Chapter 2, Section 3.8 Accessory Structures to amend standards for accessory structures and accessory dwellings. g. request by Bank of Cleveland for consideration of a proposed plan of service for a requested annexation by referendum for about 4.93 acres, more or less, of property located at Frontage Rd. and includes Tax Map 014 Parcel 051.00 h. request by Jerry Suits for consideration of a proposed plan of service for a requested annexation by referendum for about 113.42 acres, more or less, of property located at Dry Valley Rd. and includes Tax Map 028 Parcel 048.00. i. request by Trent Henry, Tonya Wilson, Tommy Haun, and Mary Ann McCamey for consideration of a proposed plan of service for a requested annexation by referendum for about 160.15 acres, more or less, of property located at Dry Valley Rd. and includes Tax Map 028 Parcel 048.03. j. request by Lynn Jones for consideration of a proposed plan of service for a requested annexation by referendum for about 5.59 acres, more or less, of property located at South Lee Highway and includes Tax Map 056 Parcel 092.00. 5. Chairman’s Report 6. Director’s Report 7. Adjourn  Agenda Staff Report Case: SUB 2023-49 Three Creek Townhomes Final Plat (see Appendix for case materials) December 12, 2023 City of Cleveland Municipal Planning Commission Applicant: Site Address: CT Properties Tax Map: Part of 040 078.00 Area: 8.71 Acres Current Zone: PUD 34 Request: Approval of Final Plat Sewer/Water: Yes Council District: District 3-Tom Cassada PLANNING & DEVELOPMENT 1. Analysis The final plat in question shows 17 lots for proposed townhome development. Once townhomes are built, final plats will be revised using the townhome regulations outlined in the Cleveland, TN Subdivision Regulations. 2. Staff Recommendation APPROVE PENDING STAFF COMMENTS The submitted version of the final plat meets the requirements of the City of Cleveland Subdivision regulations and the PUD 34 Zoning Ordinance. Outstanding Comments Stormwater- “The new Army Corps of Engineers flood study shows a floodway and floodplain along the “unnamed stream” along the north property line. Please show and label the floodway. Please contact me for this information.” “Finish site work including but not limited to roads and stabilization.” Engineering- “Complete sitework per approved site plans.” “Provide property owner phone number.” “Provide at least two (2) permanent property corner pin and note them on LEGEND. Permanent property corner can be a property pin with concrete placed around it.” Site Review: “Please provide street names on plat.” Transportation:“Provide 90-degree connection to Freewill Rd.”  Agenda Staff Report Case: SUB 2023-48 The Oasis Final Plat (see Appendix for case materials) December 12, 2023 City of Cleveland Municipal Planning Commission Applicant: Duane Goff Site Address: Pleasant Grove Church Rd. Tax Map: 056 060.00 and 062.02 Area: 5.98 Acres Current Zone: CH Request: Approval of Final Plat Sewer/Water: Yes Council District: District 1-Marsha McKenzie PLANNING & DEVELOPMENT 1. Analysis The final plat in question shows 20 lots. Final lots will be revised as townhomes are built using the Townhome Regulations outlined in the Cleveland Tennessee Subdivision Regulations. 2. Staff Recommendation APPROVE PENDING STAFF COMMENTS The submitted version of the final plat meets the requirements of the Townhome section of City of Cleveland Subdivision regulations. Outstanding Comments Stormwater- “Finish site work including but not limited to roads, stabilization, stormwater structures, and remove of tires.” Engineering- “Complete site work per approved site plans.” “Provide at least two (2) permanent property corner pin and note them on LEGEND. Permanent property corner can be a property pin with concrete placed around it.”  Agenda Staff Report Case: SUB 2023-47 Sunset Drive Townhomes Preliminary Plat (see Appendix for case materials) December 12, 2023 City of Cleveland Municipal Planning Commission Applicant: Pleasant Grove Properties Site Address: McNabb Dr. and Woodlawn Ave. Tax Map: 042P J 005.00 Area: 1.60 Acres Current Zone: PUD 19 Request: Approval of Preliminary Plat Sewer/Water: Yes Council District: District 4-David May Jr. PLANNING & DEVELOPMENT 1. Analysis The preliminary plat in question shows 16 proposed lots for proposed townhome development. In addition to townhome development, this PUD requires upgrading McNabb Drive to City Standards. 2. Staff Recommendation APPROVE PENDING STAFF COMMENTS The submitted version of the preliminary plat meets the requirements of the City of Cleveland Subdivision regulations and the PUD 19 Zoning Ordinance once comments are addressed. Outstanding Comments To be updated for meeting 12/12/2023  Agenda Staff Report Case: SUB 2023-51 Mikel Street Townhomes (see Appendix for case materials) December 12, 2023 City of Cleveland Municipal Planning Commission Applicant: Modern Home Builders Site Address: Mikel Street Tax Map: 042P J 024.00 and 025.00 Area: 0.34 Acres Current Zone: R-2 Low Density Single and Multi-Family Request: Approval of Preliminary Plat Sewer/Water: Yes Council District: District 4-David May Jr. PLANNING & DEVELOPMENT 1. Analysis The preliminary plat in question shows 4 proposed lots for proposed townhome construction. These lots will be developed using the R-2 Low Density Single and Multi-Family Zoning Regulations and the townhome regulations outlined in the Cleveland, TN Subdivision Regulations. 2. Staff Recommendation APPROVE PENDING STAFF COMMENTS The submitted version of the preliminary plat meets the requirements of the City of Cleveland Subdivision regulations and the Zoning Ordinance once comments are addressed. Outstanding Comments To be Updated for meeting on 12/12/2023 Agenda Staff Report Case: ZON2023-50 Inman Street Rezoning (see Appendix for case materials) December 12, 2023 City of Cleveland Municipal Planning Commission Applicant: Phoenix Cleveland TN Industrial Investors Site Address: 455 Inman Street E Tax Map: 057D E 020.00 Area: 3.37 acres Current Zone: CBD Central Business District Request: Approval of Rezoning from CBD to CG Sewer/Water: Yes Council District: District 2 – Bill Estes PLANNING & DEVELOPMENT 1. Analysis The request considers the rezoning of approximately 3.37 acres from CBD Central Business District to CG General Commercial Zoning District. The property owners have requested a zoning change as the business in operation does not comply with the current zoning. 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 CBD Central Business District to CG General Commercial Zoning District. Approximately 3.37 acres, more or less, located at 455 Inman Street as shown on the attached map. For reference, same property is being shown on Tax Map 057D Group E Parcel 020.00, 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 Agenda Staff Report Case: ZON2023-49 Cincinnati Ave/8th Street Rezoning (see Appendix for case materials) December 12, 2023 City of Cleveland Municipal Planning Commission Applicant: Phoenix Cleveland TN Industrial Investors Site Address: 601 8th Street Tax Map: 058H C 027.00 Area: 1.00 acre Current Zone: CBD Central Business District Request: Approval of Rezoning from CBD to IL Sewer/Water: Yes Council District: District 2 – Bill Estes PLANNING & DEVELOPMENT 1. Analysis The request considers the rezoning of approximately 1.00 acre from CBD Central Business District to IL Light Industrial Zoning District. The property owners have requested a zoning change as the business in operation does not comply with the current zoning 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 CBD Central Business District to IL Light Industrial Zoning District. Approximately 1.00 acres, more or less, located at 601 8th Street as shown on the attached map. For reference, same property is being shown on Tax Map 057E Group B Parcel 013.00, 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 Agenda Staff Report Case: ZON2023-48 Waterlevel Highway Annexation (see Appendix for case materials) December 12, 2023 City of Cleveland Municipal Planning Commission Applicant: Larry Eskew Site Address: Waterlevel Highway and Durkee Rd. Tax Map: 058J F 014.00, 014.02, and 014.03 Area: 23.54 acres Current Zone: FAR (Unincorporated County) Request: Approval of POS, Annexation, and Rezoning to CH Sewer/Water: Yes Council District: District 4 – David May Jr. PLANNING & DEVELOPMENT 1. Analysis The request considers the approval of a Plan of Service, Annexation, and rezoning of the property to CH Highway Commercial. The property is currently zoned FAR in the county. The property owner would like to annex into the city to provide citizens with a quality commercial business in the future. Staff Recommendation APPROVE  RESOLUTION 2023- A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT WATERLEVEL HWY AND DURKEE RD. (058J F 014.00, 014.02, 014.03) 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 January 8, 2024, at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: [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  OCTOBER 17, 2023 WATERLEVEL HWY and DURKEE RD. (058J F 014.00, 014.02, 014.03) ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 23.54 acres located at Waterlevel Hwy and Durkee Rd. 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 2024. 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 two parcels, approximately 2.16 acres total. The annexation would zone the property as CH Highway Commercial. There is an existing commercial building, and no new development is proposed at this time. The property is described as Tax Map 026G Group D Parcels 024.00 and 025.00. Waterlevel Hwy 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 without any impact to the budget. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water---Domestic water service is presently available to these parcels via a 6’’ water main along the west side of Durkee Road. See Figure 1 – Water Service. B. Sanitary Sewer--- Plans of Service for the parcel at the southeast quadrant of the Waterlevel Highway and Durkee Rd intersection (Tax Parcel 058K-F-001.00) were prepared on July 3, 2023 and August 7, 2023. The plans of services for that parcel depicted an approximately 700 LF of 2” to 4” sewer force main is required to be installed, size to be determined by a consultant. The proposed fore main will connect into a future 8” gravity sewer main (currently under construction). To provide sewer service to the parcel (058K-F-001.00), the Opinion of Probable Cost is $129,200. For these three tax parcels (058J-F-014.00, 014.02, and 014.03), it is assumed that the sewer infrastructure described above has been constructed. To extend sewer infrastructure from the southeast quadrant of Durkee Road and Waterlevel Highway to the northeast quadrant of Tax Parcel 058J-F-014.03, approximately 600 LF of 2” to 4” sewer force main is required to be installed along Durkee Road. A road crossing of Durkee Road is required. It is assumed that this road crossing can be constructed by open cutting Durkee Road. To provide sewer service to the parcel (058K-F-001.00), the Opinion of Probable Cost is $49,750. The maximum capacity of the new force main will be 200 gpm across Waterlevel Highway. As was mentioned in the Plans of Service for the parcel at the southeast quadrant of the Waterlevel Highway and Durkee Road intersection (Tax Parcel 058K-F-001.00), the maximum flow is the maximum flow from all parcels south of Waterlevel Highway flowing into the existing gravity sewer mains along Durkee Road. The sewer main can be completed within 8 years. See Figure 2-Sewer Service.  C. Fire Protection--- There is an existing fire hydrant on the northeast corner of Tax Parcel 058J-F-014.00, 250’ from Tax Parcel 058J-F-014.02, and 300’ north of Tax Parcel 058J-F-014.03. See Figure 1 – Water Service. SUMMARY OF COSTS1 Domestic Sanitary Fire Location Total Water Sewer Protection Georgetown Road NW (026G D $0 $90,750 $0 $90,750 024.00 & 025.00) 1The information provided represents a level of project definition of less than 2 percent, consistent with a Class 5 estimate as defined by the Association for the Advancement of Cost Engineering. A Class 5 estimate has an accuracy range of +100 percent to -50 percent. Year 2023 Dollars.  4. Electric Service Cleveland Utilities electric division has existing facilities in place to serve the proposed annexation with no issues. 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 not impact City School Systems. 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 FAR in the unincorporated County. The property is proposed for a CH Highway Commercial 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 0 residents to the 4th 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. Revenue Total revenue generated by this annexation is approximately $27,357.50  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 WATERLEVEL HWY 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 November 13, 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: [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 FAR to CH Highway Commercial Zoning District. Approximately 23.64 acres, more or less, located at Waterlevel Hwy and Durkee Rd. as shown on the attached map. For reference, same property is being shown on Tax Map 058J Group F Parcels 014.00, 014.02 and 014.03, 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  Agenda Staff Report Case: ZON2023-42 Accessory Structure and Dwelling Amendment (see Appendix for case materials) December 12, 2023 City of Cleveland Municipal Planning Commission Applicant: City of Cleveland Request: Approval of ordinance to amend section 3.8 accessory structures PLANNING & DEVELOPMENT 1. Analysis Accessory structures have increasingly become a desired asset for property owners in Cleveland, TN. The current ordinance is somewhat evasive when it comes to ensuring that an accessory structure is clearly subordinate in use, size, etc. to the principle structure. The purpose of this amendment is to isolate accessory structures into 2 parts (minor, major,), give more specifics in terms of size, setbacks, and other requirements. This amendment will additionally add specific terms for accessory structures in appropriate zoning designations. Staff Recommendation APPROVE  ORDINANCE # AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, AMEND CHAPTER 2 OF TITLE 14 ZONING AND LAND USE CONTROL, BY AMENDING SECTION 3.8 ACCESSORY STRUCTURES AND USES TO REMOVE ACCESSORY DWELLINGS AND DELINEATE BETWEEN MAJOR AND MINOR ACCESSORY STRUCTURES AND AMENDING TABLE 3 BUILDING SETBACKS, HEIGHTS, AND IMPERVIOUS SURFACES. WHEREAS, the City Council has determined that the existing Code should be revised to regulate accessory structures and remove accessory dwellings as an allowable use. WHEREAS, the requirements, restrictions, and permitting of accessory structures are set forth in The Cleveland Municipal Code to ensure the health, safety, and welfare of the public. NOW THEREFORE BE IT ORDAINED, by the City Council of the City of Cleveland, Tennessee: Section 1: The Cleveland Municipal Code, Title 14 Zoning and Land Use Control, Chapter 2, Section 3.8 Accessory Structures and Uses is hereby amended: 3.8 Accessory Structures and Uses 3.8.1 General Provisions: A. Accessory uses and structures are permitted in conjunction with a permitted principal use. B. Accessory uses and structures are permitted by district as listed in table 1 in Subsection 2.1 Permitted Accessory Uses and Structures by Zoning District. C. Accessory uses and structures shall be subject to approval by the Department of Community Development. D. Accessory Dwellings are permitted under specific requirements listed in section 3.8.4. 3.8.2 Accessory Uses: A. Clearly incidental and subordinate to a permitted principal use in terms of area and function; B. Located on the same lot as the principal use; and C. Owned or operated by the same person as the principal use. 3.8.3 Major Accessory Structures: Accessory Structures such as large Storage buildings, Garages, Pool Houses without Bedrooms or Kitchens shall: A. Comply with the maximum number and setback of the principal structure in the applicable zoning district; B. Not be within platted or recorded easements or over underground utilities C. Have a building footprint no greater than 40% of the primary structure footprint; D. Have a building square footage no greater than 40% of the primary structure or 750 square feet, whichever is greater; E. Not be located within platted or recorded easements or over underground utilities; F. Be subordinate in area and size to the principal building (except for agricultural structures approved by the Community Development Director on parcels larger than 2.5 acres); G. Meet all other applicable standards of this Ordinance when taken together with the principal building or use; and H. Not to be constructed prior to the time the principal building is constructed (except for community gardens and agricultural uses). I. May not be used as an accessory dwelling. 3.8.4 Accessory Dwellings: 1. Accessory Dwellings may be permitted in all residential zoning designations where lots meet or exceed 12,500 square feet and contain a single-family residence. Accessory Dwelling units may not be permitted in any other zoning designation or in addition to multifamily structures. 2. Accessory structures shall be used for human habitation as an extension of the residential use of the principal building for residential habitation, for clearly residential, non-income producing occupancy by a family member or temporary houseguest. The use of an accessory structure as a continually occupied, income producing, separate dwelling unit for lease, rent, or trade is strictly prohibited. 2. A maximum of one accessory dwelling is permitted on a lot. 3. May not be within platted or recorded easements or over underground utilities 4. The detached accessory dwelling shall maintain a proportional mass, size, and height to ensure it is not taller than the principal structure on the lot. The detached accessory dwelling height shall not exceed the height of the principal structure as measured to the eave line. 5. Comply with the maximum number, setback, and height requirements of the principal structure in the applicable zoning district; 7. The building’s square footage shall not exceed 400 square feet or exceed 50% of the primary structure square footage. 8. Accessory dwellings shall comply with the principal building type standards for materials, material changes, colors, and roof elements and must be placed on a permanent foundation. 9. Any dormers shall be set back a minimum of one foot from the exterior wall. 10. Exterior stairs, decks, entry doors, and major windows shall face the principal building, the alley, the street, or the interior of the lot, and away from adjacent properties. 11. Accessory dwellings may be converted from an existing accessory structure, as long as the conversion does not increase any dimensional nonconformity and meets all applicable codes. 12. Off-street parking shall be provided pursuant to Subsection 3.4.4 Table 5 “Minimum Parking Spaces.” 13. Parking spaces shall be included as part of the primary driveway unless alternate road frontage is utilized for a second driveway location to be approved through site review. The parking areas must be finished with concrete, asphalt, pavers, or other permanent surface. 14. Permitting is required with a full survey displaying primary structure, square footage, parking, impervious, and all other applicable requirements. 15. If the Accessory Dwelling Unit is co-located within or as a part of an Accessory Structure as defined in subsection 3.8.3, the maximum square footage shall apply as described for accessory dwellings for the entire structure. 3.8.5 Minor Accessory Structures: Minor accessory structures, such as storage or potting sheds, workshops, or greenhouses, shall: A. Comply with the maximum number and setback in the applicable zoning district for accessory structures; B. Have a building footprint of less than 200 square feet; C. Not be within platted or recorded easements or over underground utilities; D. Not to be constructed prior to the time the principal building is constructed (except for community gardens and agricultural uses). E. May not be used as an accessory dwelling. Section 2: The Cleveland Municipal Code, Title 14 Zoning and Land Use Control, Chapter 2, Table 3 Building Setbacks, Heights, and Impervious Surfaces is hereby amended: Table 3 Building Setbacks, Heights, and Impervious Surfaces Zoning Minimum Setbacks (feet) Maximu Minimum Maximum District m Green Impervious Buildin Space Surface Front Yard Side Rear g Yard Yard Height R-A 25 ft 10 ft 15 ft 35 feet 0.65 0.35 (principal, (principal, ADU & ADU & Major Major Accessory) Accessory) 5 ft (minor 5 ft ( Minor accessory) accessory) R-1 25 ft 10 ft 15 ft 35 feet 0.40 0.45 (principal, (principal, ADU & ADU and Major Major Accessory) Accessory) 5 ft (minor 5 ft (Minor accessory) accessory) R-2 25 ft 10 ft 15 ft 35 feet 0.40 0.50 (principal, (principal, ADU & ADU and Major Major Accessory) Accessory) 5 5 ft (minor ft ( Minor accessory) accessory) R-3 25 ft 10 ft 15 ft 70 feet 0.25 0.70 (principal) (principal, (principal, ADU & ADU & Major Major Accessory) Accessory) 5 5 ft (minor ft ( Minor accessory) accessory) R-4 Sec 4.6 Section 4.6 Section 4.6 Section Section 4.6 Section 4.6 4.6  NOW, LET IT BE FURTHER ORDAINED, that this ordinance shall take effect following final reading by the City Council of the City of Cleveland, Tennessee the welfare of the City requiring it. PUBLIC HEARING DATE: Section 3. 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  Annexation by Referendum I. INTRODUCTION The City of Cleveland is considering an option to explore Annexation by Referendum. Tennessee Code Annotated 6-58-111 states that a municipality may annex within a county's planned growth area or rural area, but the annexation must be by referendum only and not by ordinance. The municipality must follow the referendum process as provided for in §§ 6-51- 104 and 6-51-105. As an initial step in this process, the following documents will provide a Planning Area Study which examines the current and future development possibilities of the locations which have requested to be annexed. It also presents the estimated costs and revenue projections of these properties becoming a part of the City of Cleveland via a draft Plan of Service. The Study will also look at future growth questions in each area beyond the specific properties in question in an attempt to analyze service needs and future growth patterns. To date the City has received 4 total requests which require annexation by referendum. Each of these requests will be analyzed independently: 1. 9227 Frontage Road Approximately 3.5 miles from the current city limits at its northern most point, this 4.93-acre piece of property is poised for redevelopment. The property lies within an area that has seen and is anticipated to continue to see significant growth. Exist 33 provides access to several existing large employers with the possibility of expansions and further industrial development on the horizon. With future job growth comes the need for more housing options and opportunities, business, and related growth. Previously, the City of Cleveland began to evaluate the Mouse Creek Corridor which includes Mouse Creek Road, Interstate 75, and Frontage Road and the related development it contains. This property is the first in this area to request annexation and municipal services, and with the anticipation that more will follow. Currently approximately 2,000 people are employed in various industries in the vicinity with another 2,000 expected within a ten-year period. While the distance and present location should be considered in the short term, a long-term analysis of the area and the future development lends itself to a positive step for City leaders to consider. Industrial development requires residential development and commercial services to be successful. To have all of those components present a higher level of service is required, and the City would need to be present to achieve success.  2. 872 Dry Valley Road This property consists of approximately 113 acres and has requested annexation while maintaining the RA zoning designation at this time. Sitting just to the north of the Cleveland Jetport, and therefore Cleveland City Limits, this area lends itself to residential and industrial development. Recent developments in this area include a re-investment to an industrial site to the south of the airport and a PUD residential development which is providing new construction of homes. Much of this area has been evaluated for annexation on several occasions over the past 20 years. As the area continues to grow and higher level of service is needed to provide industrial, residential, and commercial development. The City of Cleveland and the Cleveland MPO recently completed an analysis of Michigan Avenue and the possibility of a future connection to North Lee Highway. With the City already providing a considerable investment in infrastructure and services in the area, this property should be considered for annexation.  3. Dry Valley Road This property consists of approximately 160 acres and has requested annexation while maintaining the RA zoning designation at this time. Sitting just to the north of the Cleveland Jetport, and therefore Cleveland City Limits, this area lends itself to residential and industrial development. Recent developments in this area include a re-investment to an industrial site to the south of the airport and a PUD residential development which is providing new construction of homes. Much of this area has been evaluated for annexation on several occasions over the past 20 years. As the area continues to grow and higher level of service is needed to provide industrial, residential, and commercial development. The City of Cleveland and the Cleveland MPO recently completed an analysis of Michigan Avenue and the possibility of a future connection to North Lee Highway. With the City already providing a considerable investment in infrastructure and services in the area, this property should be considered for annexation.  4. South Lee Highway This property consists of approximately 5.59 acres and has requested annexation. Sitting just to the south of the existing city limits and just outside of the existing Urban Growth Boundary, this property is primed for residential development. The requested annexation includes a PUD zoning designation which would allow for residential development of single-family homes. While originally being placed outside the UGB by the referenced committee, this property, like many others, is a prime example of what should be within the UGB. Fronting a Federal Highway and being within approximately 475’ of the existing City Limit, this property is destined for redevelopment to a higher level of use, and therefore requiring a higher level of service.  DECEMBER 12, 2023 9227 FRONTAGE Rd. (014 051.00)) ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 4.93 acres located at Frontage Rd. as described in this report, along with a corresponding plan of service and zoning plan for the area. The area is outside the existing Urban Growth Boundary (UGB). The proposed annexation by referendum is proposed to occur in 2024. 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 outside the UGB with a formal request by the property owner. 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, approximately 4.93 acres total. The annexation would zone the property as CH Highway Commercial. The land holds a commercial building and would allow for future commercial development with no residential components. The property is described as Tax Map 014 Parcel 051.00. Frontage Rd. Annexation Map [Place Holder] 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 without any impact to the budget. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- B. Sanitary Sewer--- C. Fire Protection--- SUMMARY OF COSTS1 Domestic Sanitary Fire Location Total Water Sewer Protection South Lee $TBD $TBD $TBD $TBD Hwy (056 092.00) 4. Electric Service 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 cost Cleveland City Schools xx per year. 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 C-1 in the unincorporated County. The property is proposed for a CH Highway Commercial 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 xx residents to the 1st 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. Revenue Total revenue generated by this annexation is approximately $xx.xx.  DECEMBER 12, 2023 872 DRY VALLEY RD. (028 048.00) ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 113.42 acres located at Dry Valley Rd. as described in this report, along with a corresponding plan of service and zoning plan for the area. The area is outside the existing Urban Growth Boundary (UGB). The proposed annexation by referendum is proposed to occur in 2024. 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 outside the UGB with a formal request by the property owner. 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, approximately 113.42 acres total. The annexation would zone the property as RA residential agricultural. The land is vacant and proposed development would include single family residential homes with lot size minimums of 1 acre and 100 feet of road frontage. The property is described as Tax Map 028 Parcel 048.00. Dry Valley Rd. Annexation Map [Place Holder] 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 without any impact to the budget. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- B. Sanitary Sewer--- C. Fire Protection--- SUMMARY OF COSTS1 Domestic Sanitary Fire Location Total Water Sewer Protection South Lee $TBD $TBD $TBD $TBD Hwy (056 092.00) 4. Electric Service 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 could cost Cleveland City Schools $55,665.63 per year based on an additional 57. 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 FAR in the unincorporated County. The property is proposed for a xx 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 xx residents to the 1st 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. Revenue Total revenue generated by this annexation is approximately $xx.xx.  DECEMBER 12, 2023 DRY VALLEY RD. (028 048.03) ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 113.42 acres located at Dry Valley Rd. as described in this report, along with a corresponding plan of service and zoning plan for the area. The area is outside the existing Urban Growth Boundary (UGB). The proposed annexation by referendum is proposed to occur in 2024. 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 outside the UGB with a formal request by the property owner, which is what this process is following. 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, approximately 113.42 acres total. The annexation would zone the property as RA residential agricultural. The land is vacant, and the proposed development may include single family residential homes with lot size minimums of 1 acre and 100 feet of road frontage. The property is described as Tax Map 028 Parcel 048.03. Dry Valley Rd. Annexation Map [Place Holder] 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 without any impact to the budget. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- B. Sanitary Sewer--- C. Fire Protection--- SUMMARY OF COSTS1 Domestic Sanitary Fire Location Total Water Sewer Protection South Lee $TBD $TBD $TBD $TBD Hwy (056 092.00) 4. Electric Service 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 the 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 could cost Cleveland City Schools $37,110.42 based on an additional 28 students per year. 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 FAR in the unincorporated County. The property is proposed for a xx 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 xx residents to the 1st 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. Revenue Total revenue generated by this annexation is approximately $xx.xx.  DECEMBER 12, 2023 SOUTH LEE HIGHWAY (056 092.00) ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 5.59 acres located at South Lee Highway as described in this report, along with a corresponding plan of service and zoning plan for the area. The area is outside the existing Urban Growth Boundary (UGB). The proposed annexation by referendum is proposed to occur in 2024. 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 outside the UGB with a formal request by the property owner. 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, approximately 5.59 acres total. The annexation would zone the property as PUD Planned Unit of Development. The land is vacant, and the proposed development would allow a residential neighborhood with a maximum of 30 single family homes. The property is described as Tax Map 056 Parcel 092.00. South Lee Highway Annexation Map [Place Holder] 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 without any impact to the budget. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- B. Sanitary Sewer--- C. Fire Protection--- SUMMARY OF COSTS1 Domestic Sanitary Fire Location Total Water Sewer Protection South Lee $TBD $TBD $TBD $TBD Hwy (056 092.00) 4. Electric Service 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 cost Cleveland City Schools xx per year. 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 FAR in the unincorporated County. The property is proposed for a PUD Planned Unit of 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 xx residents to the 1st 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. Revenue Total revenue generated by this annexation is approximately $xx.xx.