(bright upbeat music) - [Announcer] You're watching highlights of the Chattanooga City Council meeting, a production of WTCI PBS.

(bright upbeat music) - For the first item, I am going to turn the chair over to our vice chair so I can address this matter, thank you.

- Thank you chair.

Madam clerk, let's go with 6A please.

- [Clerk] An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1145, 1149 and 1157 Mountain Creek Road and an unaddressed tract the land located in the 1100 block of Mountain Creek Road, from R-1 Residential Zone to R-3 Residential Zone subject to certain conditions.

- Thank you ma'am.

I have seen the applicant and I'm guessing there might be some opposition to this case here this evening.

(audience laughing) So with that, Karen, can you come up and give a brief presentation on this item please.

- We have a rezoning at 1143, 1149 and 1157 Mountain Creek Road for rezoning from R-1 to R-3 Residential Zone with conditions for multi-family apartments.

There's 220 units proposed, 13.5 units an acre.

There was substantial opposition, it continues to be substantial opposition, and I can go into greater detail if there's any questions.

- All right, let's go from that for the moment.

- Okay.

- Applicant, you will have seven minutes with a two minute rebuttal.

- Good evening council, as you're well aware this site in particular has a lot of excitement for the community.

We've met with quite a few neighbors and continue to have some conversations.

In light of Councilman Henderson asking RPA to commission a area study for Mountain Creek Road, we would like to request our case be withdrawn so that we can continue to work with the neighbors and figure out what the best use and the best plan can be for this community.

I've spoken to a few of the neighbors and our client has under contract the additional 26 acres to the north of the site, with the intent and hope of possibly turning that into a community park as part of the improvements to the Mountain Creek Community.

But those conversations are gonna take some time as well as the area plan study.

So we'd like to have this withdrawn without prejudice so that we can continue to work with RPA and the residents of Mountain Creek, and hopefully come back with a better plan once we've kinda worked through those issues.

- I'm gonna add (murmuring).

- Yeah.

- I'm just gonna add a point of clarity.

I'm Kirby Yost with Chambliss, Bahner and I represent the applicant.

And after speaking with Chip and the fact that there's not a current area plan, we wanna wait and see that come out so that we can see where we fit with that new plan.

I just wanna make clear that's the point.

- Chairman Henderson.

- Thank you, Miss Chair.

And I do plan to make a motion this afternoon to withdraw the application as the applicant has requested, but we do have a great turnout here this afternoon from the Mountain Creek area, and I know many have prepared to address the council.

And I would like to request that they be allowed to give, be given their nine minutes so that we can hear some of their concerns, so that we know how to go forward, even better with the plan.

- Thank you very much-- - So give us your name, yes.

- For this opportunity, I appreciate it.

Would everybody here that is against this development please either stand or raise your hand.

(Henderson laughs) Thank you very, very much, appreciate the teamwork.

My name is Brooke Bradley-King and I reside at The Oxford on Mountain Creek Road.

I have petition signed by over 81 people from The Oxford.

The total number of petition signed today is 240 and still rising.

I do have a few numbers that I would like to give to you.

I have a packet of information that will give you much deeper information which I will leave right here, for you all for distribution at a later time.

On Mountain Creek Road, we have 2,973 dwellings.

There are 21.6% zoned R-1, 16.4% which are medium density, and 62% high density apartments.

That's a lot.

Our goal throughout this rezoning application process has been to preserve our peaceful enjoyment of our property and our quality of life.

We believe a land use plan would be beneficial to meet those goals.

The community does and will continue to support an R-1 zoning, low density, single family designation for this property.

However, we have no objections to the withdrawal of this application.

With the understanding that the land use plan will be completed and we will have input addressing the plan for the entire corridor, not just one piece of property.

At this point I would like to introduce a neighbor who lives in a single family home on Mountain Creek Road.

Angela, would you come up please?

- Hello, my name is Angela Amunetegui and I live at 1133 Mountain Creek Road.

I am part of the community majority in this area that has major concerns about any future development to our neighborhood.

As the developer's representation pointed out at the Planning Commission meeting last month, we are talking about one of the last developable pieces of land on Mountain Creek Road.

We as a community want to ensure any development will be done responsibly, taking into account all aspects of this complex puzzle.

There is aging water and sewer infrastructure that is already breaking down and causing problems to current property owners.

Who would be held accountable for damages caused to the property owners from further burdening of this infrastructure?

Who will shoulder the cost of paying for the additional upgrades and services that would be required?

What about waste disposal?

I remember when we didn't have recycling for months.

How would this increased load to the system be addressed?

Mountain Creek Road already has traffic problems.

Each new development is only compounding an existing issue.

My neighbors and I face daily hardships just getting out of our driveways.

Conducting daily business such as checking the mail can be scary and dangerous at times.

Over the past 12 years, I have lived here, I have watched the problem grow worse.

I have lost a beloved family pet right before my eyes.

I have feared letting my son play in our yard due to the danger of the traffic on this road.

I learned firsthand it only takes a split second.

I've witnessed and been inconvenienced by multiple car accidents in front of my home, which is adjacent to the property in question.

Our ability to have quiet enjoyment is being taken from us.

The charm and character of Mountain Creek Road is being destroyed.

Instead of birds chirping, I hear hydraulic breaks, tires screeching and honking horns.

Instead of enjoying the beauty of watching new deer foraging in the spring, I fear for their lives.

This is not the safe, quiet place I originally moved my family to.

I feel as if I am being chased from my home.

My final concerns are of an environmental nature.

This property is part of a wildlife corridor with old-growth forest.

It is an extremely ecologically diverse area amongst the flora and fauna, or deer, mountain lions, woodpeckers and owls, just to name a few.

What will happen to the displaced wildlife?

Where will they go?

I am also concerned about the impact of another 12 acres of pavement will have on storm water runoff into the Mountain Creek as well as a flooding, which is already a problem in multiple areas.

How will storm water management and bio retention areas be addressed?

Has a local environmental plan been ordered?

For these reasons and others you'll hear more about, we humbly implore you to vote no on this or any other attempt to add high density development to Mountain Creek Road.

Please insist on the responsible development of this area, a land use plan, as well as an environmental plan is gravely needed.

Ask the hard questions.

How will this addition be beneficial to the area as a whole, and at what cost or impact?

From our community standpoint, Mountain Creek Road does not need another apartment complex.

The high density development is not worth the cost and does not make sense, thank you.

- My name is Will Ferrell and I live in Horse Creek Farms off of Mountain Creek Road.

My contribution to this evenings conversation is to implore you to take very careful study of the traffic, the flows, the speeds, the activity between Signal Mountain Boulevard and certainly Morrison Springs.

The numbers keep increasing every year.

Pulled up the traffic counts of the City of Chattanooga's traffic studies, we're talking 11,000 cars, almost 12,000 cars now a day on Mountain Creek Road.

To add another 200 homes or 250, whatever it ends up being, you're talking another 700 trips a day added to that.

And you start complicating the safety of the neighborhoods, of the elementary school, of the churches.

I have seen ambulance have difficult times trying to cut through because of the narrow distancing between this minor roundabout at the end of Runion on Mountain Creek, and the main roundabout at the bottom of the W Road.

So many people are moving north to south to get over to Signal Mountain Boulevard out to the highway, to Walmart and all the services there, and it's just flooding the traffic.

The people there are constantly talking about the number of accidents.

So how many times they've been bumped into.

How many times there's just been an issue in just getting home.

We don't have the standard morning traffic and evening traffic.

We have morning traffic that's intensified by the elementary school, then we have the traffic at three o'clock with the elementary school, and then we have your evening traffic.

So the numbers just keep increasing and increasing almost exponentially to the point where it's almost irresponsible to put too many more cars on this road.

When you look at the differences between Mountain Creek Road and Dayton Boulevard, it's phenomenal.

The area between Morrison Springs and Signal Mountain Boulevard, middle distance between them is 14,000 plus or minus cars on Dayton Boulevard.

It's a four-lane with a turn lane.

We are a two-lane, no room to expand, no right of way to do anything, and we're already at 11,000 cars.

Just seems like it's not a solid way to grow this corridor by changing zoning.

So we implore you to turn this down at whatever point point it is, keep it as an R-1, and keep the integrity of our community together, thank you.

- My name is Chris Dooley, I'm a retired military officer.

I live at 729 Shearer Cove Road in District 1.

I have 48 seconds to tell you that (audience laughing) the people at Horse Creek Farms have allowed me to speak on their behalf.

You've heard Will talk about the congestion on the road.

You've also heard Angela talk about the impact on the infrastructure to include wastewater.

And so we at Horse Creek Farms agree with all of that and believe that a plan would be beneficial, but we still believe that there should be single family, low density in that particular area.

Thank you very much.

- Thank you, Mr. Dooley.

Anybody want the last 11 seconds?

(audience laughing) Oh, all right, Chairman Henderson.

- So the applicant does have-- - Oh, that's right.

- A two minute rebuttal-- - Mr. Jones would you like-- - Just to make sure we follow the procedure.

- To take your two minutes, sir?

- I don't think so.

- Okay.

(audience laughing) - Chairman.

- All right.

So, I can always count on the Mountain Creek area people to show up and show out, and I mean that in a good way.

(audience laughing) I do mean that in a good way (laughing).

But the reason we're here for the second time in nearly as many years, is because we don't have an area plan for the Mountain Creek area.

As soon as we got a new executive director for the RPA, Dan, are you back there somewhere where I can't see you?

Or did he leave the room?

- [Woman] He's in the conference room.

- He's in the conference room.

- He's in the conference room, yeah.

- Okay, all right.

Well, I was wanting Dan to stand up so that all of you folks could see him.

Dan has agreed-- - Here he comes-- - Oh, oh, come in Dan.

- I'm gonna put you on the spot here, sir, all right.

- Just a little bit, like I did last week, but Dan, I just want the people to hear it from you.

Dan has agreed to work with the community to do an area plan for the Mountain Creek corridor.

And I want everybody that's in attendance tonight to work with Dan, to help him come up with a plan that best suits the needs and the desires of the Mountain Creek area to make it a great place to live.

Dan, do you have anything to say?

- I would just say that I'm very happy to be here and I'm looking forward to working with the residents and with all the staff in the Planning Department.

We have excellent staff and a lot of good history of doing area plans in this city.

And so we're looking forward to working with the community.

- Thank you, sir.

- Yep, thank y'all.

- Thank you, Dan.

- Been a long time coming, but it's here.

We have some body that's in place that can help the Mountain Creek area develop an area plan that will make it a great place to live and work.

So with that, Mr.

Chair, I would like to make a motion to withdraw application 2021-0233.

- [Board Member] Second.

- All right, thank you, sir.

Do you need another one?

- And I'll make one follow up and I appreciate Councilman Ledford's leadership on the Planning Commission on this as well.

He brought up the fact that, he agreed that we do need an area plan.

So it's great to be able to partner with fellow council members that serve on the Planning Commission that can represent all of our interests as well.

Thank you Councilman Ledford for that.

- All right, with that, I see no further lights.

I have a motion and a second to withdraw.

All in favor, say "aye".

- [Board Members] Aye.

- Opposed say "nay".

So ordered, thank you.

While I turn the chair back over, (audience applauding) I'll let everybody leave that needs to.

- Great.

Madam clerk, 6C please.

- [Clerk] An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 3838 and 3840 Hixson Pike, from R-4 Special Zone to C-2 Convenience Commercial Zone, subject to certain conditions.

- Case 2022-0014, is the applicant present?

- I represent the applicant.

- Okay, thank you.

Is there any opposition present?

Councilwoman Hill?

- Thank you chair.

With this project, the applicant has agreed to have a meeting with the community and we are going to defer this until March 22nd.

- Mr.

Applicant, you good with that?

- [Applicant] That's fine, that's fine, 'cause we'd like a chance to speak with them, make sure everybody's comfortable with what we're doing.

- Okay, so we have motion to defer until February the 22nd?

- Until March 22nd.

- I'm sorry, March 22nd.

All right, very good.

Okay, we have a motion on the floor to defer to March 22nd with a proper second.

Are there any questions and comments before we vote?

All in favor, aye.

- [Board Members] Aye.

- Any opposed, no.

Motion to defer does carry.

- [Applicant] Thank you very much.

- Thank you.

6D please.

- [Clerk] An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1030, 1031 and 1037 Wilcox Drive and 8247 Patterson Road from R-1 Residential Zone to R-T/Z Residential Townhouse Zero Lot Line Zone, subject to certain conditions.

- Case 2021-0230, is the applicant present?

Is there any opposition present?

Councilman Ledford.

- Thank you, Mr. Chairman, this item was removed from the table from January 11th-- - That's right.

- This year, have spoken to the applicant and concern's coming from opposition in the area on Wilcox Drive and also some concerns from the Fire Department and also Regional Planning Agency.

I'm going to, per the applicant's request, go ahead and make a motion for withdrawal.

- Second.

- Right, we have a motion on the floor to withdraw with a proper second.

Are there any questions or comments before we vote?

All in favor, aye.

- [Board Member] Aye.

- Any opposed, no.

So moved.

6E please.

- [Clerk] An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance so as to rezone for properties located at 7440, 7444, 7446 and 7448 Pinewood Drive, from R-1 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone.

- Case 2022-009, is the applicant present?

- Mr.

Chair, the applicant is the same as the Mountain Creek Road case, so I'll go grab him.

- Oh, okay.

(chuckling) It is, isn't it?

Okay, is there any opposition to this case present?

Councilman Ledford.

- Thank you, Mr. Chairman.

While we're waiting for Mr. Jones, we had an original on this case for an R-3, the neighborhood came together, we worked on very diligently and also I'm very happy to see what Mr. Jones came out of the meeting with, listening to the community.

And this was moved to an R-T/Z, but also at that meeting were some conditions that I would like to give Mr. Jones an opportunity.

Mr. Jones, would you like to talk about the three conditions I'm about to make a motion to amend?

- [Allen] It is a three (indistinct).

- It is the three, you're good.

We've been over this for a couple of months now, sir.

So if it's pleases the council, I'm gonna go ahead and make a motion to approve and get this on the floor.

- Second.

- Okay, we have a motion-- - Thank you.

- On the floor with a proper second, councilman?

- I'd like to make a motion to amend this ordinance to add the following conditions.

Karen, you have these because you've provided me these to me in writing.

Madam Clerk, do you have these or would you like me to read these?

- [Clerk] I have them.

- You have them?

- Yes.

- Would you read them for me please?

- [Clerk] Yes.

R-T/Z rezone with three conditions.

Number one, the development shall follow the general direction of the submitted R-T/Z site plan.

Two, a de-acceleration lane should be required as shown on site plan.

Three, no vinyl signing should be allowed.

Applicant provided a revised site plan to attach to the ordinance.

- Very good, and we have that Karen on record, the revised site plan.

So Mr. Chairman, this is a really good example of when the engineers and applicants work well with the community.

I wanna thank Mr. Jones for coming to our meeting, working with the community.

That's how this process should work.

So thank you very much.

I'd like to-- - Mr. Councilman before you make a motion, I just want the applicant to confirm that he agrees with the new conditions.

- [Allen] Point proven.

- That'd be great, that way you can enter it into the record.

- Allen Jones with ASA Engineering.

Yes, I confirm that these three conditions need to be a part of this ordinance as they were submitted by myself.

- Thank you, sir-- - You're welcome.

- All right.

- Thank you chairman, thank you, Mr. Jones.

I make a motion to amend the ordinance.

- [Board Member] Second.

- With the conditions that were read into record.

- Okay, all right.

We have a motion to amend with a proper second, any questions?

We're voting on the amendment.

All in favor, aye.

- [Board Members] Aye.

- Any opposed, no.

Motion to amend does carry.

- Thank you, Mr.

Chair.

Move to approve the amended ordinance, that's a mouthful.

- Amend, yeah.

- Move to approve the amended-- - As amended.

- As amended, thank you.

(Henderson chuckling) I'm there.

- Second.

- I need a cup of coffee.

- Yeah, now that we've got that out.

Okay, we have a motion on the floor to approve as amended with a proper second.

Any questions or comments before we vote?

All in favor, aye.

- [Board Members] Aye.

- Any opposed, no.

So ordered.

6I please.

- [Clerk] An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 2901 and 2903 Dodson Avenue, from M-1 Manufacturing Zone to R-1 Residential Zone.

- Case 2022-005, is the applicant present?

Is there any opposition to this case present?

All right, Councilman Ledford, I'm not seeing an applicant nor any opposition present at this time.

- Thank you, Mr.

Chair.

I did follow this case through Planning Commission and also the Planning and Zoning Committee here at city council.

And it is an M-1 to an R-1, which is a major step down in zoning.

And I wouldn't see there would be many issues with that.

I would move to approve.

- Second.

- All right, we have a motion on the floor to approve item 6I with a proper second.

And Councilman Ledford, thank you for making that motion in the absence of Councilman Byrd.

Any questions or comments before we vote?

All in favor, aye.

- [Board Members] Aye.

- Any opposed, no.

So moved.

6J please.

- [Clerk] An ordinance to amend Chattanooga City Code, Part 11, Chapter 38, Zoning Ordinance, so as to rezone three unaddressed properties in the 1200 block on North Holtzclaw Avenue, from R-4 Special Zone to C-2 Convenience Commercial Zone, subject to certain conditions.

- Case 2022-007, is the applicant present?

Thank you.

Is there any opposition to this case present?

Councilman Ledford, this again is in Councilman Byrd's district.

I'm seeing an applicant, but no opposition at the present.

- Yes, sir, this also we followed through Planning Commission and the Planning and Zoning Committee for the City Council.

Karen, can you verify?

Karen Lynn has been helping me converse with the applicant.

I believe we have a request for a UGC, which is a lesser or a down zone request.

But in order to allow time for RPA to address any issues, and I think there's also a self-imposed height restriction, which is something that brought to my attention.

I would like to defer this for two weeks to February 22 to allow time for RPA to gather their notes on this.

- Is that-- - That is correct.

- Right.

- The original request was to C-2 Convenience Commercial Zone.

The applicant is asking instead of the C-2 Zone, after going through the process, the UGC, Urban General Commercial Zone, which is a good fit for the planned recommendation.

So we can take that two weeks to understand the applicant's request.

And if there's any other comments we need to pass along, we'll have time to do that.

And just because it is a change from the original application, I do have a revised sign for the applicant, if he could get that from me after the meeting, just so we can notify the public that there's a change.

- Very Good, thanks Karen.

- Councilman I do have a, Karen, you're talking about a sign.

Does that sign need to be posted for a specific length of time?

- [Karen] No, the normal sign will up be up there that says it's being rezoned to C-2, but just because the applicant is requesting a change to UGC, just to notify the public, there'll be just a sticker that goes over that, just to note that there is a different zoning change with the revised council date on it-- - Okay.

- Just for some transparency to help the public-- - Okay.

- If there's a question.

- Councilman?

- Make a motion to defer for two weeks to February 22nd.

- We have a motion on the floor to defer until February the 22nd with a proper second.

Any questions or comments before we vote?

All in favor, aye.

- [Board Members] Aye.

- Any opposed, no.

Motion to defer until February the 22nd does carry.

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