Planning Commission

Minutes CLEVELAND MUNICIPAL PLANNING COMMISSION REGULAR MEETING JUNE 18, 2024 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: Tricia Pennington, Clark Taylor, Blake Allison, Bill Estes, Jamie Creekmore, Tiffiani Sherlin, and Ben Berry Commissioners absent included: Alma Dotson and Maryl Elliot Staff present included: Robert Varnell, Planning Director, Joel Prince, Planner II/Codes Supervisor, and Laura Duncan, MPO Billing Coordinator. Legal Counsel present included: John Kimball, Attorney for the City of Cleveland. Others present included: Aruns Malrea of Jack’s Family Restaurant, Caleb Glafenhein of Greenbrier Real Estate Advisors, LLC, Brandon McDonald, of Robin Hood Drive, Tony Richmond, of RSC, and Christian Medders of Medders Surveying. The minutes of the May 21, 2024, regular meeting were presented for approval. Bill Estes made a motion to approve the May 21, 2024, minutes and Jamie Creekmore seconded the motion. A Vote of 7-0 passed the motion. Yes-7 No-0 Recused-0 Absent-2 In Public Hearings, Tricia Pennington: All right, public hearings. We are opening a public hearing for anyone who would like to speak to anything that's not on the agenda. Is there anyone here who would like to speak? There's not any. Close the public hearing and move to the consent agenda. In the Consent Agenda, a request by JDC Holdings for approval of a preliminary plat for property located at 13th Street (also described as Tax Map 058I Group D Parcel 022.00) and located within the R-2 Low Density Single and Multi-Family Zoning District. b request by Riverstone Construction for approval of a final plat for property located at Arthur Lane (also described as Tax Map 034F Group J Parcel 002.00 and 003.00 and located within the PUD 35 Zoning District. c Request by Ronald Barker for approval of a final plat for property located at Campbell Bridge Road (also described as Tax Map 033J Group B Parcels 014.00 and 015.00) and located within the R-2 Low Density Single and Multi-Family Zoning District. Robert Varnell: The first item is a preliminary plat. JDC Holdings on 13th St. Preliminary Plat R2 zoning. This is a total of 3.6 acres. It's a townhome-style development. This is the preliminary plat they've submitted. I believe there are a few comments, and labeling issues that stand out. That's about it. And those may have even been addressed by today. On the second item. Bill Estes: Is this 13th St. what Southeast? Robert Varnell: Southeast OK. Yes, Sir. The second item is Chuck Williams on Arthur Lane as part of PUD 35. These are townhomes that are being further subdivided, which as of tomorrow, hopefully, you won't see these again. There's a labeling issue and site work looks like stabilization and the rear slope. The next item is Ron Barker, Campbell Bridge Road. He's got three lots with multifamily development. I don't believe that these lots will be further subdivided with the GIS showing that they could be, but at this point, our understanding is it's a complex development. We've got a premier client. There were no outstanding comments left as of today. That’s it for the consent agenda if there are any questions on any of them? Bill Estes: 13th St. It didn't come out well can you show me where on 13th Southeast? Robert Varnell: Let's see, this is it, then it goes back into development back here. This was a piece that was originally cut in half for what's being built on North Ocoee. Now, if you're familiar with those homes there, they were going to do that here, but they switched. This was the remainder. There was a piece here that was originally part of this development that was included, and I believe going this way you get out towards Ben Berry: It's like 11th St? Robert Varnell: It would be really difficult for me to try to pull the map up on the screen right now or I would do it. Bill Estes: 13th and yeah, I know. I'm there. I know the field, right, its field, right and yes, and the grade is OK. Do I know grade is OK? Robert Varnell: Yeah, it's. Most of these will be. Yeah, yeah. I mean, he's got some work, he's got to do.  Bill Estes: OK. Robert Varnell: This is the preliminary plan. So, this starts that process. The way it's planned right now, most of these are townhomes coming off that main drive. There are two apartment buildings back in that back corner where it drops down. Blake Allison: Those were two. Bill Estes: I got it. That's it. I see it now. Thanks. Ben Berry: So, I've got. Some involvement in item A, but I'll make a motion to approve pending staff comments. Ben Berry made a motion to approve the Consent Agenda pending staff comments, seconded by Blake Allison. The motion passed 7-0. Yes – 7 No -0, Absent – 2 Recused - 0 Old Business There was no Old Business In New Business, a. request by Jack’s Family Restaurants for approval of site plans and architectural renderings based on the requirements in PUD 8 Zoning Ordinance and includes a portion of Tax Map 050A Group P Parcel 002.03. Robert Varnell: For those who may not be familiar, PUD 8 is obviously an older PUD. Now that we're up to 53, I think. And so, PUD 8 is the southern part of Spring Creek, where the apartment complex is currently the only part of that that's been. So those out parcels in the front, that's kind of one section of that is where we're talking about. As a part of that part, as well as any commercial part, the Planning Commission gets approval on the architectural renderings and the site plan that includes landscaping. So, I know we do have some representatives here from Jack’s as well. If you've got questions that you may want to ask them. The site plan itself is still going through staff review, but this is pretty close to where it is. As you can see, the access point, which is an easement at this time will be, I believe, three-point access. It's right out, but you can get right in and left in and then you can follow this road around to the traffic light that way. They do need the approval of the site plan with the idea that there are two parking spaces less than required, that is due to the turning radius and some discussions with our traffic engineer and it's our fault in the sense that parking reduction occurs, but it still has adequate parking for them, which I believe it has adequate for us as well. Architecturally, they've got a fairly consistent model, but they use good architectural details of stone and siding mix. I don't know if anybody's familiar with them. This will be their first one in Cleveland. There's one in Collegedale, and there are a few others, and they typically look pretty good from an architectural standpoint. There's the front and the rear of the structure. The landscaping plan, Erica was out today, so she didn't get a chance to look at it, but I believe we were pretty close on getting that to a staff level of approval as well. Do you all have any specific questions on this site for staff or the applicant? Bill Estes: Was the right out, right in part of the original PUD? Robert Varnell: The curb cut was there and has been there since I was a kid. The original plat included an easement to that, but it was full access at that. Bill Estes: What is directly across from that cut? Robert Varnell: The road that goes between Jenkins and Lasseter’s. TDOT has stated that they are looking at doing a similar idea to what they're doing up closer to the new Jimmy John's with the J turns and things like that. A little bit of access control. As things continue to develop, I don't know if they're doing that, but they have mentioned it. Correct me if I'm wrong. Ben Berry: Yeah. So, I've got some involvement with the seller, not Jack’s directly, but the seller is doing the access point. There are left turn lanes already on 25th St. TDOT was a little bit hands off, they said the City took a stand that left turns out were kind of dangerous, right? The median is not wide enough for you to make that 2-point turn. Robert Varnell: Can't stop in the median. Ben Berry: And so, there's already a left turn lane. So, there's a safe movement to get left and safe to get right out right in. But then if you're coming out, you know, just that right out movement is really what they wanted to limit it to. Robert Varnell: We've got the luxury of a traffic signal one block up. Ben Berry: And yeah, you want all left turns to use the traffic signal. You have the expense of a traffic signal; you might as well use that for safety. Go to the traffic signal and their site plan. They rearranged it to put their driveway closer to the traffic signal to try and encourage customers to just go that way as opposed to putting it on the other side of the site where we would use that driveway, more so. That was kind of city driven. We don't need left turns out of that driveway when you have access to a traffic signal. Robert Varnell: Then you know the applicants have done a good job in my opinion and through discussions early on, it was like once we get here and get situated, people are going to know where we are and how to get to us. It's that first initial step that they were a little bit worried about, but they did a good job. Bill Estes: Paul Huff across from Publix, where you've got right in right out, is that working? Robert Varnell: What do you mean? Is it working? Do you still see people turning left in? Is that what you're saying? Bill Estes: Not just that… Ben Berry: This one is more like the one at Dairy Queen. Robert Varnell: You can do just right in, right out, but this one. If it was a pull-up, you can imagine, you know, envision, you could still make that left in which we couldn't do there, but people still do it. I think it does work overall. Bill Estes: And this isn't about Jack’s. This is more about the code. The PUD itself. And now the crossroad has been placed between Lasseter’s and Jenkins so you’re not going to have the road come across from the north? Robert Varnell: It would be a difficult task. Bill Estes: I am only voicing one person’s opinion as we go forward with other PUDs and other Paul Huffs and other APD 40s. Clarke Taylor: We need an access ordinance in place. Clear all of that up. Where else does this where we should be? Robert Varnell: There are other components where we can do this without just applied that we're talking about as well that might end up in front of you guys at some point anyway. Tricia Pennington: Any other discussion? Blake Allison made a motion to approve the request by Jack’s Family Restaurants for approval of site plans and architectural renderings based on the requirements in PUD 8 Zoning Ordinance and includes a portion of Tax Map 050A Group P Parcel 002.03, seconded by Clarke Taylor. The motion passed 7- 0. Yes – 7 No – 0 Absent – 2 (Ben Berry stated for the record he was involved with the seller) b. request by John Porte for consideration of an ordinance to zone about .49 acres, more or less, of property located at Old Tasso Rd from R-2 and IL Zoning District to CG General Commercial Zoning District and includes a Tax Map 050 Parcel 001.09. Robert Varnell: The applicant in this case is requesting a zoning change to build a single-tenant commercial structure. GC was probably the best fit because there is some GC in the area, not directly next to it, but it's the closest as well as the lot size limits itself to general commercial zoning. I don't consider Tasso a highway and would not recommend a highway commercial zoning, but the GC seems to fit. Based on lot size as well as the desired use, you know this is a situation. Much like 20th St. Just to the South, where a blanket zoning was given, and then nobody cared for a long time about what was actually going on, what the use was, it was just, it was zoned industry. On this individual has a commercial business they'd like to run, me being the stickler that I am said well, then you've got to be zoned correctly, so they've requested the GC zoning designation. Of course, I'll recommend approval of it. I do support that. I think it's that it lends itself to a mix of use. Clarke Taylor made a motion to approve the request by John Porte for consideration of an ordinance to zone about .49 acres, more or less of property located at Old Tasso Rd from R-2 and IL Zoning District to CG General Commercial Zoning District and includes a Tax Map 050 Parcel 001.09, seconded by Jamie Creekmore. The motion passed 7-0. Yes – 7 No – 0 Absent - 2 c. request by Brandon McDonald for consideration of an ordinance to zone about 2.8 acres, more or less, of property located Robin Hood Dr. NW from RA/R3/IGC Zoning District to PUD 14 and includes Tax Map 034H Group M Parcel 008.00. Robert Varnell: This is a parcel that is currently split-zoned R3 and RA. It was at one time all part of 1115 Robin Hood Drive has since been subdivided in discussions with the applicant. You know he's got part of it. That's R3. His initial thought was I'd like the entire parcel to go R3. PUD 14 includes these parcels, these parcels, and some in the middle. So, I shared PUD 14 with the applicant and said this might be a path that would give you a little bit more open-ended options for, you know if your intention is to sell the property down the road, it gives the city stronger standards on landscaping, lighting and architectural renderings. So, it was a win-win for both in my opinion, and I do believe the applicants here and there may be some other folks who may want to speak to this as well. I want you to pay attention for a moment. There's a flag stem that goes out to Robin Hood Drive. Through discussions with the applicant, I believe he's agreeable that that flag stem will actually be absorbed by 1115 and there will be no access from the future development to Robin Hood Drive. That would be a concern if it is to remain because we don't want any commercial traffic going out that way. Bill Estes: Does that need to be part of our motion here? Robert Varnell: I would recommend it. I've had several discussions with some neighbors today who could not make it. It was difficult for them to make it, but they wanted to express to you all that that is their wish, that this traffic does not come out on Robin Hood. That said, I think the applicant is amicable to do that, staff is going to work hard to make that happen. Clarke Taylor: Where's it going out again? Robert Varnell: So, here's Robin Hood, and we can look at it on the bigger there's a flag stem here. The second part I'm going to get to this is Callen Lane, where it touches right there and that's Ellis Circle, so in discussions with the applicant as well, the city has requested a 50 foot right away be a part of being included in this fund that will run across the Southern property line. To connect Ellis to Callen Lane, where we now have more interconnectivity off of Paul Huff. Where people don't necessarily have to get back out on pull up, it's a better connection that will tie itself to us. Improving that section of Ellis Circle once in the future. That connection this applicant gets in the PUD, we get the right of way, they get new frontage. The donation of the right of way through the PUD, the city builds the road. That's how that kind of works out. I know the applicant is here. If you've got questions for him or any questions for me, I'm happy to answer them and there may be some other folks who wish to speak to this zoning request. Tricia Pennington: Do we have any more questions from the Commission at this point? Is there anyone who would like to speak to this? OK. Bill Estes: With that, I have questions for staff to the homes at Robin Hood. Tell me about the buffering. I don't see Robert Varnell: So yeah, the buffering in PUD 14 lanes on the fence plus the buffer and not the option. Bill Estes: All right, defensive, go down to the east of there, there is no fence. Robert Varnell: And you know that part is a little bit different. The language in that PUD is different than this language, but not by much, but I will place some level of blame on a bunch of different factors with the one. Below. Well, it's. Bill Estes: Not about that one. I'm just thinking about Robin Hood at the Council level has been a hot button issue. Yes, and you don't. We don't want to send this up without having thought through that and having that sorted. And not we'll try to fix it down the road. We need to sort that out, right? Robert Varnell: I fully agree. Yeah, yeah. Blake Allison: Now as far as traffic Bill Estes: Not traffic. It's the buffer to Robin Hood because they've been mistreated by the PUD which is part of this and so Clarke Taylor: One more reason to release PUDs. Bill Estes: Well, now I'm a fan of PUDs they just need to be done right from the beginning. Ben Berry: PUD this I mean it shows all put this was being added to the PUD on Callen Lane or it's being added to the other one. Robert Varnell: PUD 14 Ben Berry: So, it’s being added to that. Robert Varnell: One thing I've been talking about with GIS is I'd like to distinguish between these things on the map, but it’s going to be added to the one. So, this property here is currently listed for sale, and it's that's PUD 14. This is PUD 14, that is, and that's. Ben Berry: So, I think where it would and I've heard these discussions, City Council. I think where the needs end up is that a fence plus the normal buffer would be put in at the time the lot is cleared. That's been the hang up is that… Bill Estes: I'm not being clear, sorry. OK. I want the homes on Robin Hood to have as much break up as well as a fence. And the discussion up here on City Council certainly was before land disturbance and before building, you know, if that was that was that's where it got to it once. Yeah. But I also think Robin Hood should be treated fairly, you know. We are putting something right next door. And so, it deserves. Whatever I would think Commercial Highway next or one whatever that regular buffer is. OK, it's a PUD. There's you don't have to do the extent, but it needs to be done well to protect those three homes. Ben Berry: So, the normal buffer is evergreens 10 ft on the center and then shade trees 35 feet on the center. Bill Estes: Because buffers are depending on the CH to R1 Ben Berry: And then you can add the fence to it, which is the medium, right because trees take forever to grow. That’s a healthy buffer that the only step up from that is shrubs, but once you have the fence you can’t see the shrubs. I'll motion to approve with conditions that the flag stem was excluded from the zoning and absorbed into one of the properties on Robin Hood Drive. That. Buffer be provided standard buffer and our zoning code, plus an 8- foot fence installed at time of land disturbance. Ben Berry made a motion to approve the request by Brandon McDonald for consideration of an ordinance to zone about 2.8 acres, more or less, of property located at Robin Hood Dr. NW from RA/R3/IGC Zoning District to PUD 14 and includes Tax Map 034H Group M Parcel 008.00, pending the flag is absorbed into 1115 Robinhood Lane and they include the buffer + an 8ft fence, seconded by Blake Allison. The motion passed 7-0. Yes – 7 No – 0 Absent – 2 d. request by Joel Simpkins for consideration of an ordinance to zone about 1.02 acres, more or less, of property located on North Ocoee Street from CH Highway Commercial to MU Mixed Use and includes Tax Map 050A Group O Parcel 002.10. Robert Varnell: This is kind of across from the hospital in that way. This parcel is in this area of town. As you may have read in my report, in my opinion, lends itself to an urban feeling. We've got very urban use already in place. A large hospital with a large employment base, and restaurants next door they went two floors up. It's retail and office, but it's still a general idea. Just applicants looking. 'm going to go back. So, they're proposing to have a retail on the 1st floor with apartment use above it. In our ordinance, there's not many mechanisms outside of the cloud where I can create mixed. Mixed-use also has a lot of other options in it, which is kind of a drawback of the zone. That's where I have had some conversations as well. You know this is an application for zoning, but if they don't do that, we've opened ourselves up to something else now. Clarke Taylor: We’ll see mixed-use, there’s several. You can do without throwing for residential. Robert Varnell: Apartments above CH? That’s not Ben Berry: What are the negatives from PCH to mixed-use like? Is there industry? Robert Varnell: It depends. As you know it. Suits mixed-use allows R1 R2 R3 R5 uses. R5 is high-rise for if you don't know, that's anything above 3/4. It allows uses by right in CG Pi and neighborhood commercial. That's not concerning. The conditional uses are. Highway commercial uses by right and light industrial. So, they would have. There's a step. There is a guard for that light industrial but would go to the DCA if they applied. And that could be approved. Now, one of the other things I'm looking at among the 450 is how to make this mixed-use work better for us, because right now it's too broad. Or, you know, divide it into two different types of mixed-use whatever it is. I don't know yet, but I support the request because it gets the style of development where you have, in a sense what is that 5007? 150 square foot first-floor retail with 24 apartments on three floors above. So that's eight per floor. That's not overdoing it. That's not extreme, and it's the kind of development that an urban center needs to see. We need to focus on, and we need to have better tools to allow it to happen. Right now, this is one of the only tools I've got. Bill Estes: So, I like this at the bottom right. What it's lacking is beyond this, but what it's lacking is a David Lewis Lane down to CVS, there's no sidewalk. The other side of the street has a sidewalk, but the walkability is not there for this and these people. Robert Varnell: Fortunately, the state of Tennessee is spending close to $20 million to redo the intersection down at CVS, and it doesn't look like sidewalks, but it gets us something we can connect to. Bill Estes: But again, I just as a Planning Commission Member, I got to throw my opinions out to you and staff as you guys go forward. It needs sidewalks because they stop at David Lewis Lane and we're going to make this walkability in urban and downtown next. Robert Varnell: With the sidewalk ordinance, it would require this development to have it. The one we passed last year. Bill Estes: Yeah. Even the PUDs are this mixed-use OK. Robert Varnell: That's correct. Bill Estes: Do we have right of way? Robert Varnell: Yeah, I don't know exactly what the width is, but It's got to be at least 80 feet. You know, I think so, especially with the sidewalk having been constructed with the site. Bill Estes: Will be interesting to see how the state designs the intersection right first. Robert Varnell: I've seen where we're headed. It's looking good.  Bill Estes: And David Lewis Lane is not that far up or old 23rd Street is not that far up. Robert Varnell: It's not. A fairly quick gap filler could be done. But this kind of development is what I would like to see more of in urban areas. They are core, whether it's downtown, what I consider this to be kind of midtown in a sense kind of going up. There are places where it lends itself to this type of development. Clarke Taylor: I can't think of a lot of town that doesn't get any better than that lot right there. Robert Varnell: The applicant is here. If you've got questions for him and some of his folks. Blake Allison made a motion to approve the request by Joel Simpkins for consideration of an ordinance to zone about 1.02 acres, more or less, of property located on North Ocoee Street from CH Highway Commercial to MU Mixed Used and includes Tax Map 050A Group O Parcel 002.10, seconded by Clarke Taylor. The motion passed 7-0. Yes – 7 No – 0 Absent – 2 e. request by the City of Cleveland for the approval of a resolution amending the City of Cleveland Subdivision Regulations Section 7 and Section 8.4 to allow plat approval at the staff level based on specific criteria approved by the City Council of Cleveland, Tennessee. Robert Varnell: I'm not going to get like rail on about this thing forever. I think we've talked about it for 300 months in a row, but I will say the process was cumbersome. I appreciate everybody's involvement who was involved in the discussions about it. It started here, went to council, came back here, went to council again, this is it. You guys make a decision today. It's official. Today we're done. This becomes the thing. I got a call from several Realtors over the past week. They're very excited about the possibility of what we're doing here. I feel like staff and the Planning Commission and the City Council all kind of came together to agree. Call on certain criteria that we should follow that whether it's me or someone down the road to help kind of contain this a little bit. The most important being if I want to bring it here, I'm going to. If I feel like I need to, and the applicant has that same right. That's important. So, any questions on this? Ben Berry made a motion to approve the request by the City of Cleveland for the approval of a resolution amending the City of Cleveland Subdivision Regulations Section 7 and Section 8.4 to allow plat approval at the staff level based on specific criteria approved by the City Council of Cleveland, Tennessee, seconded by Blake Allison. The motion passed 7-0. Yes – 7 No – 0 Absent – 2 f. request by the City of Cleveland to amend the Cleveland, TN Zoning ordinance section 2.10.2 to include vehicle sales as a conditional use. Robert Varnell: Yes, this is one. We have a lot of GC zoned property that has vehicle sales that is their current use. If they sell it. Or closes for six months or whatever it may be there. It becomes a situation where I can't write them a letter to open a new business. Because there's no option for them to do that in the zoning. It's auto sales. I think there's going to be situations where you look at a piece of property and say it doesn't lend itself to that. But there are situations where it does, and I want to give people that ability. Putting it as a conditional use. At least put some level of constraint on where it goes. We have people that do, you know, I mean there's open business and our objective needs to be to make sure we can work with our business owners and some of these cases like this. This will  be followed by a few other zones that you guys may be familiar with where this will be completely removed. CBD would be one. Ben Berry: I think it is removed in CBD. Robert Varnell: There's some kind of auto-oriented stuff in there. Ben Berry made a motion to approve the request by the City of Cleveland to amend the Cleveland, TN Zoning Ordinance section 2.10.2 to include vehicle sales as a conditional use, seconded by Bill Estes. The motion passed 7-0. Yes – 7 No – 0 Absent – 2 Chairman’s Report: No Report Director’s Report: No Report Adjourn 6:38 P.M.