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

(bright upbeat music) (gavel sound) - Good afternoon, everyone.

Welcome to our Tuesday, May 10th city council agenda session.

We have no ordinances on final reading this evening, so we will move into ordinances on first reading, Madam clerk item J.

- [Clerk] In ordinance to men chatting with city code part two chapter 38, Zoning Ordinance, so as a reasonable part of a property located at 1115 North Moore road from R-1 residential zone to R-3 residential zone subject to certain conditions - Is the applicant present?

I do see the applicant and anticipating opposition would, present.

All right, Councilman Hester, I'm assuming you'll want a presentation - [Hester] Please, please.

- Please.

- This is request to rezone from R-1 to R-3 residential zone for proposed use of multi-family independent senior housing.

This property is in the North Brainerd area.

We had both support and opposition for this case.

It is on North Moore road next to Tucker Baptist Church.

This is a zoning map on the screen, both the site and the church are zoned R-1 residential zone.

There is R-2 zoning south of Bellavista shown in orange and an RT-1 zone to the Northeast shown in brown on the zoning map.

The applicant proposed 79 units on about three acres of property just to help or excuse me, to help orient further.

The site is across from Brainerd High School.

The Salvation Army is across Bellavista drive to the south.

The neighborhood of the Vannoy drive is located just to the west of the site.

We'll spend just a little bit more time than I did on committee on the staff recommendation just to provide kind of a clear picture.

So if you'll pardon me, I'm gonna read just some selections from the staff recommendation.

The site is located in the North Brainerd area plan which recommends low density residential for the site.

Low density residentials described as dominated by single family dwellings with some exceptions for town homes, patio homes, and two family dwellings.

The request for other residential zone would allow for an increased density in any type residential form of multifamily housing not typically found along the section of North Moore road.

One of the planned goals is to maintain residential integrity by supporting appropriate residential and commercial development.

The plan encourages the preservation of existing single family neighborhoods by recommending that majority of the study a remains single family residential.

While the low density residential mix which includes large tracks of undeveloped property along North Moore road allows for town homes, patio homes and two family dwellings, the intention of this area is to remain predominantly single family residential.

The plan acknowledges the proximity to those institutional uses along North Moore road which could support higher density development but states the development should reflect a density and character appropriate to the surrounding area.

The proposed 70, and this is from the staff recommendation again, the proposed 79 unit multifamily development does not meet all of the planned goals stated above but staff acknowledges this location could be developed with a multifamily development that serves the community needs.

The proposal could potentially meet the planned goals with thoughtful design buffering, et cetera.

The surrounding land uses are predominantly single family residential, the neighboring institutional uses such as church and a school.

The site is approximately 500 feet from existing town homes along North Moore road.

The proposed multi-residential development is not compatible with exist of single family, residential adjacent land uses, but the multifamily development could serve the adjacent institutional uses for providing housing for residents that attend the neighboring church or school.

So staff had recommended deferring the proposed rezoning, staff acknowledges the proposed multi-family independent senior housing would provide a residential form that the community may need.

And the location is appropriate based on the adjacency to North Moore road and large institutional uses neighboring the site on three sides.

The proposed development could be compatible with appropriate site design, building scale and screening although it doesn't meet the goals of the plan.

However, the proposed development could provide a desired housing type that may fulfill a need for the community.

The plan was adopted in 2004 and the desire to maintain low density residential zoning and single family dwellings at this location may have changed within the community since that time.

So staff recommended to defer the case to provide time for the applicant to conduct a community meeting and to have conversations with elected officials about the proposed project, determine if there is a desire in the community, introduce a housing type at this location.

So, that was coming with a staff recommendation to defer.

At Planning Commission, excuse me, at Planning Commission during the meeting, that March meeting, the applicant noted that they had already had several community meetings and been in contact with Councilman Hester.

The planning commission felt that the proposed rezoning was appropriate and a benefit for the community.

Planning Commission directed our PA staff to provide potential conditions that would limit nuisances to adjacent property for their review at the April Planning Commission meeting.

So staff developed conditions and Planning Commission is recommending to approve the rezoning with the conditions noted there which is include some maximum building high to three stories, a type A landscape buffer, we're budding the Arwin residential zone, no vehicular access to Bellavista drive unless required by transportation of vision or the fire marshal, no building within 50 feet of the R-1 residential zone property, is that I noted there's quite a bit of R-1 in the area, this does exclude the church in a maximum of 63 residential units.

And I will note, we did have support in opposition.

Opposition sounds like we'll state their concerns but we did hear concerns about height, safety, crime and flooding and storm water issues at that planning commission meeting.

- [Chairman] Very good.

Thank you, Karen.

The applicant will now have seven minutes and the opposition will have nine minutes total and then applicant will receive two minutes to close us out.

Mr., good, we got it.

Thank you.

Good evening Sir.

- Good evening to Mr. Chairman and the council members.

My name is Gary Hathaway.

I am pastor at greater Tucker Missionary Baptist Church and also I am a member of our Community Development Corporation.

Today I have with me Ms. Donald Williams, she's a consultant on the proposal and also I have Aman Martin who's Vice President with Pennrose Developers.

Our mission really as a church is to minister to the needs of the community and our congregation.

We know, everybody knows, one of the greatest needs in Chattanooga today is affordable housing.

And let me say, as a pastor, I see it every day.

I get calls every day of people looking for a place to live because their rents are going through the roof.

In many cases, unfortunately, landlords are not attending to their needs.

A lot of the properties are inefficient when it comes to energy.

So let me say, we want to be part of a solution.

We have vacant land, we're blessed with vacant land.

We have three acres that we want to use for affordable senior housing.

And it is our plan to partner with the community.

We've already reached out like to Brainerd High School.

They love the idea, their kids could come over and get service hours, also Eastgate Senior Center has really sort of stepped up and said, they will love to partner with us and have activities.

As mentioned earlier, we've met with the community three times already just in the past two weeks, I've talked with one of the leaders because I was told by Councilman Hester and Commissioner Jedah to reach out and have a conversation.

And we did.

And the thinking and the feeling was that we really didn't need to meet again, we are open, but that's what we were advised.

We understand change is not easy.

There's always opposition, but we believe the need for affordable housing is greater than doing nothing or standing still.

Change is happening all over Chattanooga but not fast enough for those who are less fortunate, especially seniors.

We've seen this before St. Elmore, a former Councilman told me that he served when affordable housing was made available in St. Elmore.

And he said the same complaints.

The people complained about the crime rate going up.

They complained about property values decreasing.

They complained about the height, none of that has been an issue.

And he said, actually, what happened about three years later after they got it built lady called him and says, "I wanna thank you," She says, "because I actually live in the property now.

And I think it's very, very nice."

Again, some of our counterparts or will be our counterparts or Orchard Knob Baptist Church has a four story housing, senior housing facility, there's Eastwood which is close to us, it's on one level, they have 98 homes.

Of cause they have land, we don't have that land to do that.

And they both have waiting lists.

So there's a huge need and really we believe again that there are more people in the community, in our community as well as the city who are in favor or support the project.

Two of three of the neighborhood associations endorse of the project.

So with that being said, we're asking that you will strongly consider approving our proposal.

Again, I have these two consultants as well as for, well, Donna and Aman for any technical questions per se.

We also have some people in the audience if time provides.

Yeah.

- [Chairman] Two minutes and 35 seconds, sir.

- Okay.

Is Ms. Ethel Jones here?

Is she here?

Yes.

She is a former secretary for Brainerd High School.

- Good evening.

- [Chairman] Good evening.

- I'm very passionate about the neighborhood.

I've lived in the neighborhood since 1978.

I've worked 32 years across from the site that they're speaking of.

And I know we all have apprehensions about change and it is a big change, but we also have to have a heart for those that are less fortunate than we are.

And it is such a problem to find affordable housing.

And I would experienced that last summer when one of my relatives had lived at Rainbow Creek and they redid that situation.

And when they went up on the rent, my relative was unable to return there.

And that relative took three months to find an affordable housing and it hit home to me then that this is really a big problem.

And when it touches you, you get more compassionate about it.

And I empathize with those neighbors that have the apprehensions and I understand their apprehensions, but in my heart I know that we do need to do what we can, to help when we can.

And this is something that is much needed.

And my heart goes out to all the homeless people.

And like we know we see 10 cities and we see all of these things and if something doesn't happen soon, we just may never get to the end of this.

Thank you.

- [Lady] Thank you.

- Thanks so much.

We have about one minute left I believe.

Judge Williams, will you come?

We have about one minute.

He lives in the community as well.

I hate it judge, but we only have about 40 seconds.

(indistinct chatter) - I've got Walter Williams and I have a device.

And so you may have difficulty hearing from me but I own the largest residential property in Woodmore on three acres.

So the acres could put the property proposed on my land but neither here nor there.

I'm just supportive of the property.

From Midland Pike to Chevoit road that's going to be commercial.

We can, all we know to talk there only two developments that's between Midland Pike and Chevoit road.

And none of those homes face raining on Northern road.

Is without question, that road is going to be commercial.

We might as well accept the church's recommendation to put senior citizens houses there.

It's better right now, you can put single from the houses on the property.

That's not going to happen.

If it's going to happen, it would've happened before now.

The only thing between the Midland Pike and Chevoit road or the churches and two streets that are both more road or third streets, but we might as well understand that that area is going to be commercial.

And we might as well agree with the proposal of the church.

Thank you.

- [Chairman] Thank you, Judge Williams.

And in fairness to the opposition and appreciate his comments, I will allow 11 minutes to respond to opposition.

So if you'll come forward.

(indistinct chatters) If you'll just form a single file line, going back we'll.

- [Man] Okay.

- [Chairman] So Mr.

IT, can you reset for 11 please?

- [Mr.

IT] I only have a nine minute, but I'll add an extra two afterwards.

- [Chairman] That'll work, thank you.

Yes, sir, good afternoon.

- Good afternoon.

My name is Richard Reynolds and I live at 1102 Vannoy drive.

I've been there about 40 years and that field is not fit for what they wanna put there.

It's always flooded, cranes, herons, all that always gathered in the field.

In the '70s, it flooded so bad, if you remember Maryland Lloyd Bukart, she had the levy built because all that land over there is always flooded very bad.

That's what that is marshland.

That's why the herons and the cranes if you guys know anything about biology that's why they gather in that field.

It's just marshland.

I live right adjacent to it.

It also has only one drain.

It comes from the Brainerd High School side, it runs under the street to Tucker Baptist, right there.

They had it developed and they put a drain in the middle of the field this year in January, it's still floods.

And I have documentation.

I sent it in with the videos where the water just sits there and it's gonna run off on the backside to the Vannoy street drive.

They also did not provide a perk test to test the water the soil, to see if it absorbs.

And they have not also produced any traffic study to any of us.

And I might add also, these guys do not live on my street.

I live on Vannoy drive.

These guys that just spoke who are the applicants, they do not live in my neighborhood, I live there and I know them but these guys do.

Thank you so much for your time.

- [Chairman] Thank you, sir.

(audience applauding) - Good evening.

I didn't want to speak because I get emotional about this.

They're saying they're gonna put a 50 foot radius between the building and your property.

Now I've seen the stakes they put, my wife had 'em remove it.

It was less than 10 feet from my property.

I happened to live in Bellavista, above the church, the former church sanctuary.

The land they want to build on all my water lines run across 'em because the church, when they built their church they built the home, the subdivision.

And when I bought the home, I asked them about it.

They said, do not worry about it.

The land would never be developed, your water lines and property are safe.

Now we get flooded over there every time it rain hard.

I don't know is any engineers or not but you put a three story building.

Not only is it taken away from the neighborhood but it's gonna run flood water back to my home again.

And this is something I basically cannot star it.

Now, I know none of you would like to have a three story building built next to your house, taking away everything that you work for, just like most of these people listen in my neighborhood.

This gentleman don't live in my neighborhood.

He brag about how much property he got.

I got property in the Brainerd area too, I own two homes over there, but the property, that's not the thing, the property is what it's going to do to our neighborhood.

Now, everybody getting up here and is talk about, "Oh, we doing this for people that don't have a place to live."

They're doing this for money.

They are gonna get money for leasing that property, (audience applauding) and that is the basis of this whole thing.

Now, if you don't wanna believe it, you ask them, thank you.

(audience applauding) - Good afternoon city council.

My name is Gregory Owens, and I stay on 1116 Anita drive, one street over from Vannoy.

And I just have a couple questions.

I'll make 'em real quick.

The applicant, Mr. Gary Hathaway, Pastor Gary Hathaway, he said there was no problems with the oppose, the people who support the project.

There's plenty of opposition here today.

Mr. Hathaway always said there was hundreds of letters that were sent to him, opposing.

I mean, not opposing this project, that's going on.

Did he produce those letters?

We like to see those letters and the people that actually sent in those letters- - [Man] Yeah.

- So we can move on.

Thank you.

(audience applauding) - Hello.

My name is Keisha Sales and I actually don't stay on Anita or Vannoy, I actually stay on Collins, which is not a part of this but my concern is the safety.

That S-curve in there right before you get to talk about this is a very dangerous S-curve.

We've asked for traffic studies on this.

I know myself knowing each and every other weekend there is an accident over there every time you turn around.

I'm thinking about these kids that will be going to school and I'm also thinking about the seniors that are gonna be proposed to go there.

This is not on a main bus route, so how are these people gonna get from one location to the next?

I didn't hear any type of suggestion as to how they're gonna get for transportation.

We're also sitting in a food desert.

We lost the neighborhood Walmart, there's no way to get food.

We are actually traveling to another zip code giving out money to another zip code in order for us to sustain.

I'm not understanding how a three story building bringing it to our neighborhood is going to make a difference.

How is it gonna make this better for us?

It's not making it better for us.

And it's actually putting those people that you're bringing to the neighborhood at a bigger disadvantage.

I would hope that the council would definitely consider this information, look at this information and at least defer this so we can have more time to look at this and get some information as far as their perk test, the soil test, the sewer issues, we've know all these are things that we know because we live in the neighborhood.

This is stuff we've dealt with on a regular basis.

I understand the unaffordable housing issue, I totally understand it.

I see it every day, I look in the paper every day.

We're always informed about this information and my heart goes out to those people but I would hate to put them in another situation where they're just when they're leaving one bad situation to come to an even worse situation.

Thank you and have a great day.

(audience applauding) - [Chairman] Thank you.

- Good evening.

- [Chairman] Evening.

- Hi, I'm Austin Reeves.

I'm here with my mother.

She is on Woodmore, in Woodmore area on Learning lane and I'm on Shawnee Circle.

And I did send a letter of opposition and I hope that you all had an opportunity to read it.

What we are trying to do is two things.

One, to voice the concerns that we have here as residents that we were not included in this process.

We were not given an opportunity to have dialogue with the church so that we can be a part of what comes into our community.

So that's the first piece.

The next piece then I kind of mentioned in that letter is that this would be changing the precedent that we currently have.

Two miles away, well, less than two miles away, two minutes away we have Eastwood, which is also a senior living facility.

That is a single family.

We already mentioned that we have all of the flooding concerns, the traffic concerns, the food desert.

And then also what I presented was some amendments to those conditions in reducing the density.

We do feel like 60 units is quite a lot for that small area.

And then all of that traffic tryna come out into the S-curve.

So we ask that this is deferred that we get additional information, get the perk study, get the traffic study and have the right dialogue with the church so that we don't have these issues with the residents.

And that's all.

- [Chairman] Thank you very much.

- Dr. King once said, "The ultimate measure of man is not what he does in time of convenience and comfort, but what he does in times of challenges and controversy."

That's the ultimate measure of a man.

And I understand there's a lot of passion, genuine concern about this project, but I've been in a lot of the meetings that I was privileged to attend, but there's a disconnect.

There's a genuine disconnect between the project and those who're in the community.

So therefore, my motion is to defer this for two weeks and let it be known on the record that you must sit down at the table of brotherhood where we can air out our differences.

I'm here to build community, not to divide a community.

I say so, this is, I see this bigger ingest the community because spiritually, we look at this we're seeing people who are leaving the church in droves because what we do as faith leaders.

So it is very important that we do come together as a community.

And that's my motion that we defer this for two weeks.

- [Chairman] I have a motion to defer this item until May 24th.

- [Berz] Second.

- [Chairman] I do have a second questions comments?

- [Madam Clerk] Can we have a roll call vote?

- We can have a roll call vote requested by Councilwoman Coonrod, Madam Clerk.

- [Clerk] Councilwoman Coonrod.

- [Coonrod] No.

- [Clerk] Councilwoman Noel.

- [Noel] Yes.

- [Clerk] Councilwoman Berz.

- [Berz] Yes.

- [Clerk] Councilman Hester.

- [Hester] Yes.

- [Clerk] Councilman Smith.

- [Smith] Yes.

- [Clerk] Councilman Henderson.

- [Henderson] Yes.

- [Clerk] Vice Chair Dotley.

- [Dotley] Yes.

- [Clerk] Chairman Ledford.

- Yes.

- [Clerk] Okay that is.

- Motion for deferral carries till May 24th.

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