Planning Commission

Minutes CLEVELAND MUNICIPAL PLANNING COMMISSION REGULAR MEETING AUGUST 20, 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, Blake Allison, Bill Estes, Jamie Creekmore, Ben Berry, Clark Taylor, Tiffiani Sherlin, and Maryl Elliot Commissioners absent included: Alma Dotson Staff present included: Robert Varnell, Planning Director, Erica Bevis, Planner II, Joel Prince, Planner II/Codes Supervisor, Laura Duncan, Planning Assistant, Joe Fivas, City Manager, and Jonathan Jobe, Assistant City Manager/Development and Recreation Legal Counsel present included: John Kimball, Attorney for the City of Cleveland. Others present included: Tony Richmond of RSC, K. Martin of DRH, Gina Allison of 402 Bell Crest Dr, Ben Sickman of 409 Bell Crest Dr, Dan Allison of 402 Bell Crest Dr, Charles Sickman of 409 Bell Crest Dr, Matt Whitmire of KW Cleveland, Reed Allison and Chelsa Allison of 3142 of Kinders Way, Dennis Epperson of Epperson Allison Homes, Lexi Haney or Pratt Home Builders, Peter Goodwin of 5749 North Lee Hwy, John Norwood of Norwood Surveying, Rob and Bernadette Douglas of 2510 Cumberland Trace NW The minutes of the July 16, 2024, regular meeting were presented for approval. Blake Allison made a motion to approve the July 16, 2024, minutes and Maryl Elliot seconded the motion. A Vote of 8-0 passed the motion. Yes-8 No-0 Recused-0 Absent-1 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 Berry Development for approval of a final plat for property located at Hardwick Way (also described as Tax Map 042 Parcel 058.00) and located within the PUD 46 Zoning District. b request by Jonathan Dip for approval of a preliminary plat for property located at Johnson Boulevard (also described as Tax Map 058H Group J Parcel 001.00) and located within the R-2 Low Density Single and Multi- Family Zoning District. c request by Tennessee Property Management, LLC for approval of a preliminary plat for property located at Westland Drive (also described as Tax Map 057 Parcel 11.00) and located within the PUD 42 Zoning District. d request by CTP Properties for approval of a final plat for property located at Freewill Road (also described as Tax Map 033 Parcel 113.04) and located within the PUD 26 Zoning District. e request by Mesana Investments LLC for approval of a final plat for property located at Durkee Road (also described as Tax Map 058 Parcel 028.00) and located within the PUD 23 Zoning District. f request by Michael Williamson for approval of a preliminary plat for property located at Michigan Avenue Road (also described as Tax Map 050 Parcel 12.02 and located within the R-2 Low Density Single and Multi- Family Zoning District. g request by Kace General Partnership for approval of a preliminary plat for townhome development for property locate at Pinecrest Avenue (also described as Tax Map 033J Group K Parcel 004.00-006.00) and located within the R-2 Zoning District.  h request by Kace General Partnership for approval of a preliminary plat for townhome development for property locate at Pinecrest Avenue (also described as Tax Map 033J Group G Parcels 007.00 and 008.00) and located within the R-2 Zoning District. Clarke Taylor made a motion to approve the Consent Agenda pending staff comments, seconded by Jamie Creekmore. The motion passed 7-0. Yes – 7 No -0, Absent – 1 Recused – 1 Old Business There was no Old Business In New Business, a. request by Don Jacobsen for consideration of an ordinance to zone about .18 acres, more or less, of property located at 150 Lowery Street from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi- Family Zoning District and includes Tax Map 058H Group F Parcel 003.00. Robert Varnell: On the first item we have this evening is from Don Jacobsen, tempting to rezone from Highway Commercial to R2, this is the area off of Inman Street, where it intersects with APD 40 at the Cloverleaf Interchange. The gas station there. This is up behind, as you can see, there's a property there. They have a zoning request. Next will be the other side of the street. But this is one of those areas that would be residential in use but previously zoned commercial for one reason or another. Staff recommendation is approval. I did receive a couple of calls about soil and water concerns on this one. What I mentioned in those conversations was that through site development we can enhance the situation, the situation, and as it is zoned now commercial, the impervious would be considerably different from instance back to the matter of result for those issues. Bill Estes: Those are single-family homes. Would it be worth looking to rezone? Robert Varnell: You’re talking about in this block? They are all owned by the same individual and that is who I spoke with. I don’t know about a couple of them. But I do agree that rezoning would be beneficial, but given the nature. This agenda I didn’t question, so, those are things we look at.  Bill Estes made a motion to approve the request by Don Jacobsen for the consideration of an ordinance to zone about .18 acres, more or less, of property located at 150 Lowery Street from CH Highway Commercial Zoning District to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group F Parcel 003.00, seconded by Ben Berry. The motion passed 8-0. Yes – 8 No – 0 Absent – 1 Recused - 0 b. request by Don Jacobsen for consideration of an ordinance to zone about .86 acres, more or less, of property located at Lowery Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group H Parcel 017.00. Bill Estes made a motion to approve the request for consideration of an ordinance to zone about .86 acres, more or less, of property located at Lowery Street from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 058H Group H Parcel 017.00, seconded by Blake Allison. The motion passed 8-0. Yes –8 No – 0 Absent – 1. c. request by Jones Properties for consideration of an ordinance to zone about 1.48 acres, more or less, of property located at 500 Stuart Road from CH Highway Commercial to R-3 High-Density Single and Multi-Family Zoning District and includes Tax Map 042G Group J Parcel 003.01. Robert Varnell: I'm gonna pull up the map on this one so you guys can understand. There's an existing complex on Stewart Road and at one point, much like we faced in other areas, it was part of the zone commercial highwaym how many units on that will access internally to the existing complex? It's unfortunate that it had to be rezoned. But that's you know. That's the way it was. So at this point, there are requests requesting rezoning the remainder of the piece to match the existing stuff. Clarke Taylor made a motion to approve the request for consideration of an ordinance to zone about 1.48 acres, more or less, of property located at 500 Stuart Road from CH Highway Commercial to R-3 High-Density Single and Multi-Family Zoning District and includes Tax Map 042G Group J Parcel 003.01, seconded by Jamie Creekmore. The motion passed 8-0. Yes – 8 No – 0 Absent – 1 d. request by Joseph Parker for consideration of a Plan of Service for about .77 acres, more or less, for property located at 3210 Tonia Drive and includes Tax Map 056F Group A Parcel 003.00. Clarke Taylor made a motion to approve the request for consideration of a Plan of Service for about .77 acres, more or less, for property located at 3210 Tonia Drive and includes Tax Map 056F Group A Parcel 003.00, seconded by Maryl Elliot. The motion passed 8-0. Yes – 8 No – 0 Absent – 1 e. request by Joseph Parker for consideration of a resolution to annex about .77 acres, more or less, for property located at 3210 Tonia Drive and includes Tax Map 056F Group A Parcel 003.00. Robert Varnell: Yes, this one the individual is requesting annexation. I believe there's a septic-related issue at the location. The sewer line runs directly in front of the house. From a service standpoint, as you can see, the city limits behind it. And then just right over here is the new interchange that's constructed right off the exit. So that's going to be a rough area we're talking about. But there is a specific related issue they need sewer that's the request. Planning service standpoint is pretty straightforward. And then zoning is a hard one, which we recommended as well. At this side, there's a sewer line on that street. Yes, this one is uh. The individual is requesting annexation. I believe there's a septic related issue at the at the location. The sewer line runs directly in front of the house. Ben Berry: Let me you a question. You know, to annex, someone has to request it. You're not going to force annexation on anybody else on this street. So the likelihood that other people annex would be septic driven. Robert Varnell: Sewer driven back. So there was an attempt to reason there. Ben Berry: You know, when we, when the city annexes this, you're going to have to have the trash truck go down this road to pick up this one house. You have to have a school bus go by and pick up the kid. If there's a kid there. You have to have public works go on and pick up the tree limbs for one house. Is there a better way to fix the sewer problem? Or is there a bigger benefit to having them annexed? It doesn't seem like additional tax money is worth the expense with no possibility of further annex. This is not one of those that we think, oh, it might. You have a bunch of houses there that you're going to go pick up that house for a long time before you actually see any sort of critical mass that would pay. Blake Allison: Let alone the Fire Protection. Seventeen hundred feet away, at ten thousand dollars. Jamie Creekmore: Robert, do you know what the pushback was before? On why it didn't get annexed? I'm just curious. Robert Varnell: It's the typical reason you know the previous annexation wasn't a request annexation. The city was annexing all of the neighborhood. Some wanted it some that didn’t. And it is one of those areas that I don't know the exact, you know, logistics and how it unfolded. I just said that was the situation with the sewer line was installed for the purpose of annexing. Bill Estes: OK, sewer is inextricably tied to being in city limits. Full stop. You know, there are absolutes, and that has been an absolute for eighteen years. With the new state law, I believe even more firmly in that so that you don't have people getting four votes. And getting sewer wherever and then you hollow out and Donuts. You know the pressure that we put on clean authority board pressure to be put on us. We gotta hold that line. They're close to us. The city still got plenty of money around bus down there, you know, I mean, it's this is pennies. This is solving if I understand it right. We've been picking off some of these houses because they were like they weren't built like they should have been. They were built in the county, didn't perk in building permit none the less. And we come in and we've been picking some of these off and it's a shame, right? But we have the solution, but the hard line has been you will be in the city. And. Meeting on the expansion of the urban growth boundary. Working through Interlocal government agreements, when we annex things that are close to the city and how do we share the road and draw the lines that's been important and kept the communication with the county.  Robert Varnell: Yeah, we’re having some technical difference. Bill Estes: Back if we draw, if we take the Tom Roland Interchange and go all the way up to Harrison Pike. That's going to be us. You know what I'm saying? I can see in the next decade that all being us and this being moved. Because it's, you know, we have the exit thirty three that we voted down. The council voted for it. This isn't like that. This is more like the South Cleveland. Like we voted to do the one near the habitat development there. Forget the name of the. Gateway, you know, so it's it's. Literally less than half a mile from there, so yeah. There's my opinion leading to this and how I feel about. Ben Berry: It makes sense if it's if it's murky on an individual case basis, it makes sense from an overall policy standpoint to to support. Bill Estes: That's what we that's what we've been doing. Robert Varnell: In this case, it's a microscopic look. It's something that's a bigger, yeah. Bill Estes made a motion to approve the request for consideration of a resolution to annex about .77 acres, more or less, for property located at 3210 Tonia Drive and includes Tax Map 056F Group A Parcel 03.00, seconded by Jamie Creekmore. The motion passed 7-0. Yes – 7 No – 0 Absent – 2 f. request by Joseph Parker for consideration of an ordinance to zone about .77 acres, more or less, for property located at 3210 Tonia Drive from R-1 unincorporated county to R-1 Single Family Residential Zoning District and includes Tax Map 056F Group A Parcel 003.00. Bill Estes made a motion to approve the consideration of an ordinance to zone about .77 acres, more or less, for property located at 3210 Tonia Drive from R-1 unincorporated county to R-1 Single Family Residential Zoning District and includes Tax Map 056F Group A Parcel 003.00, seconded by Jamie Creekmore. The motion passed 8-0. Yes – 8 No – 0 Absent – 1 g. request by FB&J Enterprises for consideration of a Plan of Service for about 35 acres, more or less, for property located at Freewill Road and includes Tax Map 041 Parcel 047.01 and 047.02. Robert Varnell: Yes, thank you. This is an application for plant development. The PUD itself resembles strikingly or R1 would look like with a few exceptions. Those exceptions include similar a deceleration lane along Freewill Road as well as the installation of trees in the front yard. What plan of service standpoints is that the first? Topics who are close by and about it against existing neighborhood development, much like will be here on the same point. Schools, trash pickup and public works. It did not have anything that stuck out as a negative from the plan of service. So. And so our recommendation on the plan of service is for approval as well as annexation. You go working through the zoning and I believe I've got a draft flight plan. When you look at the and this is just a draft, it's not the final deal, but this is the direction it's headed. When you look at the lot size and things like that, it lends itself to an R1, we do the PUDS because there's additional things that we like to have and include in these developments. Additional trees and cement restructuring very much things like that. So, outside of that, the lot sizes are fairly consistent in size with with kind of general feel of the area and one access point on the freeway road which. Yes, correct is right across from the 22nd. So, if there's questions about further turn lanes and things like that, it's the idea that twenty Second Street being right across probably would take more city review and engineering and we're going to look at that as we move forward. But at this point, it does include a deceleration going northbound on free well revenue, are there any questions from you? All right. I do believe we have some individuals here to speak for and against. Blake Allison: Madam Chair, this is Epperson Allison Holmes development. So given the opportunity, I'd be happy to answer any questions. And then also Robert hit on it pretty closely. So, we're looking at this Freewill property. Like Robert said, it is contiguous to the city. We're not doing any outside annexation. All the utilities are nearby on the property with the exception of the sewer being only a hundred and twenty feet away. But within some easements that we're working with. Looks good on the plan of service portion. The PUD, typically what we see up here is planning, Commissioner, is fifty, fifty, five foot wide lots, should we go with a fifty foot lot frontage which is pretty common in the PUD as well as townhomes? We'd bring that count up to about a hundred and sixty units. Hundred fifty five hundred sixty. We're committed to seventy-five-foot wide lots because we feel that that would be a standard R1 and it is more like the neighbor. I guess we fit the area quite well with the seventy-five-foot wide box and many of those lots are much deeper and bigger. It's just the minimum size was typically seventy-five. Again, this is the concept plan. So, we'll come back. And have all of these sidewalks and everything included in that. So, with the seventy-five-foot- wide lots, we brought the density down from about one sixty to about ninety eight and I would I can't promise it but I'd also anticipate with any stream delineation whatsoever you typically don't gain lots. Typically lose a couple about ninety eight lots. So, our density is about forty percent less then what it could. We're a local developer and builder, We're a little unique in the smaller sense that we do build homes on each lot that we develop using the local workforce that we have here, many of which have worked with us longer than I've been alive, but with Dennis before myself. So, we live in this community. We live near this area. We've done several subdivisions in this exact what two, three mile radius here. So, we live in this community, drive the same roads, send our kids to the same schools and. We've also experienced the same level of change and growth. That we all experienced here in Cleveland over the past five, six years, I think Tricia can remember when the meetings were roughly twelve minutes long. Yeah. And we're lucky to get out of here before eight o'clock those in the audience have seen the vast amount just on the consent agenda before. Coming here, so with growth brings change and we understand that and we experience it to work. So, the city did request a couple of things, Robert. I'll touch on those briefly. I know we're busy. They requested thirty-five foot right away. That's planning for the future. The state is correct, Bill. Looking at Freewill Road and doing some expansion there. So, the right away is pretty narrow right now that Tony found in the back. So, we would be donating around fifteen to twenty feet all the way down that twelve hundred ish foot. One portion of road so and real dollars and cents, which we don't see quite a bit. That's roughly around twenty-eight thirty thousand dollars of property. We're asked by the city. Hey, will you donate that? Absolutely. I think it benefits our subdivision as well as the Community there deceleration lane or hundred percent for. In the past, a lot of the PUDS didn't say when the deceleration lane would go in. Uh. We learn. All right, we're going to put it in in phase one to try to minimize the traffic impact as much as possible. So that will go in right away. Of course, we're going to have the city sidewalks throughout the entire subdivision. The school bus stop shelter near the front of the subdivision, along with the cover mailboxes, the minimum. Hardwood tree on each lot, but that's in addition to our privately restricted landscape restrictions that we abide by as well. One thing we're excited about is we are working with the Greenway and the city to increase the walkability of the subdivision. We're still in works on some of that and how that looks and that's going to be ironed out some. But we're excited. We think that it could be a great way to be able to walk and eventually talking to Cameron Fisher to Fletcher Park. And be able to have a lot of continuity with the existing Greenway infrastructure that's already there. So, the homes for those on the Planning Commission, you have a little packet there. It shows the exterior view of all the homes. So that's the same product that we've been building with. We really feel like it's an attractive product, especially with the seventy- five-foot wide lots. It gives you a lot larger front to the homes. They're going to be four bedrooms typically two and a half to three baths. These will range from four hundred thousand to about five hundred fifty thousand dollars. We always feel that a builders job can be judged by how their product appreciates, not depreciates, but appreciates year over year, right. So we've feel like we build a quality product that buyers can feel confident. And their investment year after year in the past six, seven subdivisions have proven that. So, we're excited about that. We did have realtor come to me with numbers today that said, which? It kind of hurt a little bit, but we're currently thirty dollars a square foot less than the new construction average on our homes. So, our whole product is to try to get a home in there. That's a great quality that's going to turn and appreciate and be a benefit long term for the community. So, I know it's going to be a change. It's going to be a field that's no longer a field. But we feel that. Too, and Cleveland's continuing to do that. So, I know there are probably questions I'm more than open to answering any of those, and obviously, I'll be recusing myself from this. Tricia Pennington: OK, so is there anyone in the audience that would like to speak to this? And I would ask that anyone who comes forward keep your comments to about three minutes so that we aren't here all night because at some point we start hearing the same thing over and over. And when you come to the podium, please speak into the microphone and state your name for the record. So, ma'am, you raised your hand. Bernadette Douglas: I'm used to speaking for crowds. My name is Bernadette Douglas. I live. Back up to the little, that part that goes down there. I worked for the Chamber for forty years, so I certainly understand progress and development and the need to grow, my concerns with Blake’s development and I go back. So, my concern are the traffic on Freewill Road. The impact on Candies Creek school, I think in the information I got from one of you that I've emailed. It says the impact on Candies Creek is going to be twelve students. Bill Estes: No, that was that was my E-mail and I'll tell you how I got twelve. Yeah, I can tell you how I how, normally, how school people assess that. Bernadette Douglas: Right. I'd like to know, Blake, when you did twenty- seventh Street what the projection was for the kids to go out there and what it is now because I've heard from some it was blown out of the water and we're already expanding Candies. My grandkids go there. We're already expanding Candies now. Probably we'll need another expansion. Freewill Road, no shoulders. I understand deceleration lanes, and what they're doing up at Pratt. It's a dangerous road now people do not go by the speed limit. And I just feel like it's just going to be worse. You're going to have an intersection. Twenty-Second Street. All those people coming out, people coming out of the new development, and we don't want a traffic light there, but I just feel like. I feel like the. Existing residents deserve a little bit better than more cars on the road. I don't know how they're going to expand. If there are houses on the what is that? The east side or the West? The side that is on the road. They don't even have a. Their mailboxes are probably in the shoulder. So, you know, I have a lot of concerns about it. Probably most of all I'm losing a field. Behind my backyard. And start shopping for a privacy fence. But the traffic on the road, the impact on Candies Creek, those are those are our chief concerns and the ones that I've spoken to. Robert Varnell: I do want to mention just in regards to existing right of way and infrastructure on Freewill Road as a whole. You may have heard that he mentioned that I requested the right of way be sixty feet wide. It's currently forty. It's not exact, but the reason for that is several years ago one of my other duties and things here is I'm responsible for the MPO and we did a study. The state of Tennessee, that kind of laid out how much right away we needed for the MPO and having a study like that, I then start applying for grants and doing different things through development. Because when I expand roads and do things like that, it costs the city of amount of money especially right away. So, when we get the right way, we need as we go. That gets me that much closer to improving the entire road as a whole. We do have a plan to do it. We're already looking at where to start. I mean it's a long stretch we agree with what you're saying. It's on us to improve the entire thing and we can't necessarily stop expanding or doing these things at that. We just have to try to keep up with it. So, I just wanted to bring that up. We do have a plan in place and we're working towards it for sure. I don't know if anyone else has any comments. I just wanted to add that based on her specific concern. Ben Berry: I appreciate, Miss Douglas's e-mail. She emailed me as well and I had the opportunity to get more detailed into some answers that at least answer from my perspective of some questions that came up and I think just big picture, there are areas of town that have been identified as prime growth areas. Michigan Avenue was one of them. And I think the City Council is actively moving forward to improve that road. Freewill Road is another one they are actively moving forward to improve Freewill Road. So, there are some areas in the city but it's. Uh. There has to be a problem before the problem gets fixed, so there's this. There's this time period where there's a little bit of discontent. That's unfortunately just the way it works. I'm going to be recusing myself from this vote, but I am satisfied that there's. There are plans to correct the existing problems that exist on Freewill Road and accommodate growth not just of this subdivision, but there's a there's a lot of empty land as you look from Hopewell all the way down to prospect as far as potential growth that could occur. Jamie Creekmore: Quick question, Robert. With all due respect to the applicant, I'm curious on Freewill. Have they done an assessment or like a traffic study or anything like that to meet this concern? Robert Varnell: Yeah, that's kind of what I was alluding to a minute ago. We have a fairly detailed study. We hired a consultant from out of state and brought them in and it talks about numbers. It talks about volume, it talks about creating alternative options to Candies Lane and Exit 25. Getting to the Interstate there. I'm hoping this will work offset a number of things and one of the benefits for us is when I do have developments come in and twenty-five thirty years ago when the existing developments where these folks live came in, there was no right. Together there was no there was very little turning lanes or or other things. We now have the ability to do that based on the study that partnered with the state as well as federal highways on so it's actually an opportunity for us to to get work with some people and get the right ways. This isn't the first development plan I've seen with this property. Most of the other ones had higher level of debt, so be able to work them down. I think you know it's a win-win for both because property will develop at some point it's strive for we've done it and they've been looking at it for a long time. Does that answer your question? Jamie Creekmore: So, are you saying in relation to that study that this was an acceptable density? Robert Varnell: We do match land use and development to it and it is a result. There's places where along Freewill Road it's residential and there's places where you know if you go further down and they transition to something else that is a very broad site. The recommendations were, you know, through development. Enhance right away and then enhancement will give us the ability to improve. Trica Pennington: I think we have one more person who would like to speak. Dennis Epperson: Good evening everyone. My name is Dennis Epperson, co-owner of Epperson Allison Homes. I just wanted to just say a few things here this evening prior to the vote. I actually have lived in this little area for over forty years and I travel freight Freewill Road constantly, every day and. I don't you know, I don't hardly see any traffic issues throughout the forty years. Even like the Lakewood subdivision. Throw that one out there. It's more than a hundred over a hundred. And something other lots. And that seven billion I have never seen any issues with people coming and going out of Lakewood. And I didn't know that it's busy. And it's a busier road than all the other roads that branch off of, but basically I've not seen any issues out there. If you go from this proposed subdivision and go towards prospect, hardly any homes or any businesses hardly there, except for maybe the school out there at the end. In Cleveland, utility kinds of a place out there, they used to be columns, and plumbing, but. But anyhow, and I think that in the improvements at that intersection there with us donating the thirty-five  feet, we'll help and also wanted to let everybody know that this. When we start this subdivision and local people that work for us for over forty years. Just this one subdivision will consist of about three hundred and ninety-four local jobs. And that will be, you know, direct or indirect that will help put this subdivision together over forty million dollars will be built for tax-based revenue. So, and, we try to do a good job. We try to give people a lot more for their money and we always have and we have a good reputation and we hope to keep it that way. Appreciate it. Thank you. Clarke Taylor made a motion to approve the request for consideration of a Plan of Service for about 35 acres, more or less, for property located at Freewill Road and includes Tax Map 041 Parcels 047.01 and 047.02, seconded by Bill Estes. The motion passed 6-0. Yes – 6 – No – 0 Absent – 1 Recused – 2 h. request by FB&J Enterprises for consideration of a resolution to annex about 35 acres, more or less, for property located at Freewill Road and includes Tax Map 041 Parcel 047.01 and 047.02. Bill Estes: I guess before we go to that, I want. To go back to the planning service after the road outcome. I was looking for this before and Miss Douglas, specific to you, Cleveland City School System thirty. 38 school children. Which would be K through twelve or thirteen grades, so three per grade be eighteen at the most. They used a factor of one point five on a quarter of the population of the quarter of the actual build-out. I would say it's less than eighteen because four hundred thousand dollars is not really a starter home. Hope it is, I really hope. It is for our community's sake, I just redid my math twelve to eighteen on the high- end Cleveland City Schools thirty-eight, which is a third be eighteen. So I'm all from what they said, but by a factor of one-half of a kid per quarter of the homes that have developed over time. And I'm very familiar with the other developments. But Mr. Epperson and Mr. Allison, and who lives there, right. And those kids age out also. What I put in my e-mail, if I can say this as well. The City Schools were talking with us specifically about crowding at the middle school more so than the elementary. But the City Schools are putting plans together for an Intermediate School, which is five and six. So that would alleviate the overcrowding at the middle school and in the elementary schools would all lose a fifth grade, which then would make it exactly twelve before these things, probably, you know, would make it twelve or less on as. As I look at the impact on schools, so just I know we're doing planning right and it's, it's  multifaceted thing on this plan of services, police, fire, etcetera, roads, stormwater. Schools are one open. There was a specific question and I just want to. Make sure that was in the record before. Thanks. Bill Estes made a motion to approve the request for consideration of a resolution to annex about 35 acres, more or less, for property located at Freewill Road and includes Tax Map 041 Parcels 047.01 and 047.02, seconded by Maryl Elliot. The motion passed 6-0. Yes-6 No -0 Absent – 1 Recused – 2 i. request by FB&J Enterprises for consideration of an ordinance to zone about 35 acres, more or less, for property located at Freewill Road from FAR unincorporated county to PUD 54 Single Family Residential Zoning District and includes Tax Map 041 Parcel 047.01 and 047.02. Bill Estes made a motion to approve consideration of an ordinance to zone about 35 acres, more or less, for property located at Freewill Road from FAR unincorporated county to PUD 54 Single Family Residential Zoning District and includes Tax Map 041 Parcels 047.01 and 047.02, seconded by Clarke Taylor. The motion passed 6-0. Yes – 6 No – 0 Absent – 1 Recused – 2 j. request by CT Properties for consideration of a Plan of Service for about 1.39 acres, more or less, for property located at New Murraytown Road and includes Tax Map 040 Parcel 024.08. Robert Varnell: This is a smaller piece. Applicants requesting R1 single family. As you can see from the plan of service. Pretty straightforward with the existing in access in the general area, they're going to be developing. This small piece probably ends up being three total lots that just depends. You know, once we get in to do some engineering and things like that, we'll look at it. That's what it's looking like this point. It's one point three, nine acres. So, it's limited in, in density and it's covered in R1 is. Bill Estes made a motion to approve consideration of a Plan of Service for about 1.39 acres, more or less, for property located at New Murraytown Road and includes Tax Map 041 Parcel 024.08, seconded by Clarke Taylor. The motion passed 8-0. Yes – 8 No – 0 Absent – 1 k. request by CT Properties for consideration of a resolution to annex about 1.39 acres, more or less, for property located at New Murraytown Road and includes Tax Map 040 Parcel 024.08. Blake Allison made a motion to approve consideration of a resolution to annex about 1.39 acres, more or less, for property located at New Murraytown Road and includes Tax Map 040 Parcel 024.08, seconded by Ben Berry. The motion passed 8-0. Yes – 8 No- 0 Absent – 1. l. request by CT Properties for consideration of an ordinance to zone about 1.39 acres, more or less, for property located at New Murraytown Road from FAR unincorporated county to R-1 Single Family Residential Zoning District and includes Tax Map 040 Parcel 024.08. Bill Estes made a motion to approve consideration of an ordinance to zone about 1.39 acres, more or less, for property located at New Murray town Road from FAR unincorporated county to R-1 Single Family Residential Zoning District and includes Tax Map 040 Parcel 024.08, seconded by Blake Allison. The motion passed 8-0. Yes – 8 No – 0 Absent – 1 m. request by Eldredges and O’Neals for consideration of a Plan of Service for about 22 acres, more or less, for property located at North Lee Highway and includes Tax Map 034 Parcel 025.02. Robert Varnell: Yes, this is another annexation. And request by the Elders and O’Neill’s roughly twenty-two acres. I'm going to give you a spot on the map. This is North Lee Highway, north of Tasso Lane, in the area of Coleman Drive. There, that's a PUD on a single-family tax home there. This request would be for a PUD 55 in this case and the applicant is requesting new town home development on set some on street parking as well there first. Hundred feet of the residential piece are set to be an undisturbed buffer off of North Lee Highway. And as you can see, there's still another two or three hundred feet. Of kind of space that may or may not be developed at any point. Plan of service standpoint, the sewer being right next to it, the existing neighborhood that was brought in a few years ago. From school standpoint, I believe those numbers in there as well and police and fire or any in the area of servicing. So, plan a service point, you know, through straightforward. I don't know if anybody specific questions to that. I do want to point out there's a mixed-use partial request at the very front corner on Coleman Drive, the North Lee Highway and that that part is pockets included in the PUD but is separate from the development. It will be retained by the current property owners my understanding for future use. Is there a request so? An amenity is included in the PUD. As you can see depicted there kind of to the North End of the property. I do believe there's some folks here that are wish to speak to this as well for and against, or at least have questions and I'm happy to answer any questions. Well, and I've had at this point. And I'll stand by for a moment. Tricia Pennington: All right. Thank you, Mr. Berry. Would you like to speak? Ben Berry: This is a Berry Engineers site. About this site and this type of project, you know, as far as just kind of gets you oriented. This is at the northern limits of our city, adjacent to the city limits. It's next door to Miller 's Landing Subdivision, which is a new subdivision just opened. The old driving range owned it way back when. The design that we're putting forward, we've got no new accesses on, no new access points on North Lee Highway. So, access comes off of Coleman Drive. So, an existing city street, there is an opportunity for a mixed-use parcel in the front, it's heavily restricted in the PUD, so it eliminates. A lot of commercial uses that are not compatible with residents. So just so you know, few like car washes, vehicle sales, vehicle parts, accessory, convenience stores with gasoline sales, flea markets, cell tower, mini storage. Almost limits it to office, retail and residential or restaurant. That's about what's left, which being right on North Lee Highway, which we feel is appropriate, it's better for that kind of use than actually some of the residential uses. But the main part of this is the town home development. It is private, it's tucked back away from North Lee Highway. We think that will provide a good community, both for people that live there and really for people that go up north. Go up and down Highway North Lee Hwy this would be barely, barely visible. It's behind in the PUD. We've offered a hundred-foot underserved for along North Lee Highway, so there's some really nice homes as you go up North Lee Highway on the West side, so they'll be a hundred-foot undisturbed woods. As you look out on North Lee Highway, effectively it's going to be a lot more than that so, if you see on the plan, there's actually the hundred foot buffer that's part of the PUD, but. This open space right here is a wetland, so we won't be able to impact that as well and we'll have some storm water that you'll have some clearing and stuff next to it, but large buffers, very private. There's nearly over five acres of open space within this twenty-two-acre development, so lots of opportunity for you know, there's streams, there's wetlands within the development, we've got sidewalks, we have overflow parking for townhomes on street with tree wells kind of like downtown. Anyway, we're putting the density in the developable area. Tricia Pennington: OK, thank you. Is there anyone here that would like to speak for or against? Yes, Sir, if you would come to the microphone and state your name, please. Peter Goodwin: My name is Peter Goodwin, and I live on North Lee Highway directly across the street from where this development would be. Basically, I don't have a problem with the development from the standpoint, it's a pretty good buffer in the front, so I don't have to look at the development. But I have a concern that it's going to become a rental community. I think the price point on these homes are low enough that lend themselves to investor buying them and renting them. And I talked to Ben briefly today and there's going to be nothing in the sales agreement to prevent that. So, at a lower price point, you're going to end up with a lot of investors coming in here and end up renting versus people that live there on a long-term basis, which is a concern. Outside of that, will you plan on building a traffic light at Tasso Lane and there because the traffic is going to increase dramatically. And somebody mentioned earlier the speed, they go up and down North Lee Highway at sixty seventy miles an hour, I've complained to I’m blue in the face of the city and they do nothing about it. Now let's get to my real concern, which is the mixed-use piece of property. Maryl, you remember about seventeen years ago when I moved here, mysteriously, the corner property on Tasso Lane on my side mysteriously changed from residential agricultural to commerce. Nobody could tell me why, but it took me three thousand dollars of Roger Denny's time and a year and a half for that to become residential again. So now you're on the exact opposite side of the street. You're going to make a piece of property that's presently residential, agricultural, commercial. How do you think the owners in the corner are going to feel exactly across from them they have the same issue. So, you the city open themselves up to a liability because they could come back at a later date and say, hey, make mine commercial also because they did want it commercial and going up the line that's going to be a problem. Sixteen years ago, the word was nothing would be commercial north of Tasso Lane. And this property is north attached to land, but I don't know if you remember that, Bill. Robert Varnell: You mean fifty-six street Peter Goodwin: Yeah. North of fifty sixth street my apology north of fifty- six, which this seems the property is north of fifty-six. So, I really think if you want to approve the project that's fine. I'd like to see something in the condo association that says we can't turn it into a rental. And secondly, I don't think you should approve the mixed-use for the corner. Property because that's inconsistent with what's been done in the past and what this Council with this committee and the Council approved sixteen years ago on the other side of the property. Thank you. Tricia Pennington: Does anyone else have comments? OK. Do we have a motion? Bill Estes: Mr. Kimball, can I ask you? Does past action preclude present action? John Kimball: What this guy was referring to. I remember you said it was in that error is what happened in the city. Result passed the whole new map and that inadvertently zone this property based on the erroneous map. But when it was brought to y'all 's attention fixed, I believe it's the one. Well. That part is subject to the current Council 's decision. They have all kinds of discretion and legislative matter, and that was the area back then where people on the Council then said we know that that's a map error because we did, we intended not to zone north of fifty Sixth Street as commercial. So, the opposite side of the road. Mister Goodwin’s side of the road. Bill Estes: Mr. Berry, what do you think about rental and covenants and price points in the relationship? Ben Berry: Yeah, I've got no desire or intention to restrict against rental. To me, that's kind of counter to an American dream sort of mindset, just from a personal standpoint. My first house was a duplex. I lived in one half and rented the other half. I still have that duplex. And I still rent it out. I would not have wanted to be restricted again if I bought a piece of property, you know, intentions and life changes, opportunities change. As someone who's self-employed my plan for retirement is rental homes. That was my dad 's plan for retirement as a home builder. He owns homes here in Cleveland. A lot of the homes in subdivisions that are over occupied, they're mixed in, so I don't see the. I think communities need a mix of owner occupied and rental options for people that have need short term solution and I actually think that the rental market is going to be in shorter supply in the years to come because a lot of that investment property that has been rentals has come off of the market and being sold because of the price. It's very, you know, from the current environment, it's very difficult to buy a rental and make a return. It's a lot more financially beneficial just sell that and keep the money. So, there's been a lot of rental stock come off so this I don't know what it would be. But I really do not want to close the door to close the door on the ability to rent actually excludes a lot of potential home buyers because they would not. Have that option to fall. Bill Estes: Make a motion to approve. If there's a second, I'd like to speak. Blake Allison: Second. Bill Estes: Robert, I appreciate the time you spent with me and Jonathan walking me through some of this this week. The HOA helps me, Mr. Goodman I think that quality will stay. I drove through Miller 's Landing. It took me a while. I was also concerned about the on-street parking, but the city is going to adopt those as city streets the city can regulate parking. I just. I felt better as we as I worked through this and I feel confident to your concerns that the HOA has written, put has the teeth as well as the city has the teeth to maintain a good appreciable asset for this. So, I just. Laura, I just wanted that in minutes. Because I appreciate staff giving time for me this weekend. Tricia Pennington: You can come back. Peter Goodwin: Are you approving? What are you going to do about the mixed-use, I guess?  Bill Estes: Approve it as written, I made a motion. If it's approved, it goes to the City Council, and they will vote. Bill Estes made a motion to approve consideration of a Plan of Service for about 22 acres, more or less, for property located at North Lee Highway and includes Tax Map 034 Parcel 025.02, seconded by Blake Allison. The motion passed 7-0. Yes -7 No -0 Recused – 1 Absent – 1. n. request by Eldredges and O’Neals for consideration of a resolution to annex about 22 acres, more or less, for property located at North Lee Highway and includes Tax Map 034 Parcel 025.02. Bill Estes made a motion to approve consideration of a resolution to annex about 22 acres, more or less, for property located at North Lee Highway and includes Tax Map 034 Parcel 025.02, seconded by Clarke Taylor. The motion passed 7-0. Yes – 7 No – 0 Recused – 1 Absent – 1 o. request by Eldredges and O’Neals for consideration of an ordinance to zone about 22 acres, more or less, for property located at North Lee Highway from FAR unincorporated county/RA Residential Agricultural to PUD Planned Unit of Development Zoning District and includes Tax Map 034 Parcel 025.02. Bill Estes made a motion to approve consideration of an ordinance to zone about 22 acres, more or less, for property located at North Highway from FAR unincorporated county/RA Residential Agricultural to PUD Planned Unit of Development Zoning District and includes Tax Map 034 Parcel 025.02. p. request by City of Cleveland for consideration of an ordinance to amend section 3.3.B Buffers of the Cleveland Tennessee Zoning Ordinance. Item postponed q. request by City of Cleveland for consideration of an ordinance to amend Title 14, Chapter 2, Section 2.12.2 Conditional Uses to remove automobile sales as a conditional use in the Central Business District.  Bill Estes made a motion to approve consideration of an ordinance to amend Title 14, Chapter 2, Section 2.12.2 Conditionial Uses to remove automobile sales as a conditional use in the Central Business District, 6. Chairman’s Report 7. Director’s Report a. CIVICCLERK Agenda Software Transition Erica Bevis updated the Commissioners about the transition to the new Agenda and Minutes software that will be going Live in September. 8. Adjourn 7:25