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

(gavel strikes) - Good afternoon, ladies and gentlemen, welcome to our Tuesday, November the 9th, City Council meeting.

I now to call this meeting to order, our Pledge of Allegiance and Invocations, tonight will be given by Councilman Ledford.

- [Councilman Ledford] Ladies and gentlemen, will you please rise and (indistinct).

(chairs squeaking) (council members reciting the pledge) - [Councilman Ledford] Mr. Chairman.

- [Chairman Henderson] Thank you, sir.

All right, moving on now to our agenda, could I have a motion on the minutes?

(member assents) We have a motion on the minutes with the proper second.

Questions or comments before we vote?

Roll call, please.

- [Clerk] Councilwoman Coonrod?

- [Councilwoman Coonrod] Yes.

- [Clerk] Councilman Byrd?

- [Councilman Byrd] Yes.

- [Clerk] Councilwoman Dotley?

- [Councilwoman Dotley] Yes.

- [Clerk] Councilwoman Berz?

- [Councilwoman Berz] Yes.

- [Clerk] Councilman Hester?

- [Councilman Hester] Yes.

- [Clerk] Councilman Ledford?

- [Councilman Ledford] Yes.

- [Clerk] Councilwoman Hill?

- [Councilwoman Hill] Yes.

- [Clerk] Vice-Chairman Smith?

- [Vice-Chairman Smith] Yes.

- [Clerk] Chairman Henderson?

- [Chairman Henderson] Yes.

- [Clerk] The ayes have it.

- The ayes have it.

We have no ordinances on final reading this afternoon.

Moving to ordinances on first reading under finance 6A please, 6F please.

- [Clerk] And ordinance to amend Chattanooga City Code, Part II, chapter 38, zoning ordinance.

So as to resolve on properties located at 5116, 5120, and 5134, Highway 58, and several unaddressed tracts, 120 ND 012, 014, 015, 016 and 018, of land in the 5100 block of Highway 58, from C5 Neighborhood Commercial Zone, to C2 Convenience Commercial Zone, subject to certain conditions.

- Case 2021 dash 0169, is the applicant present?

Thank you.

Is there any opposition to this case present?

I'm sorry?

- [Man] Yes, it is.

- Okay.

All right, thank you.

Councilman Hester, like a presentation, then the applicant?

(answer indistinct) - Okay.

- Okay.

This is a request for rezoning of property from C5 Neighborhood Commercial, to C2 Convenience Commercial, in the Highway 58 area.

The proposed use is self-storage, boat and car dealership, and just a little bit less than 9 acres.

And the property does front on Highway 58.

It is just west of the Enterprise South area.

The plan for the area, the Highway 58 Community Land Use Plan , recommends a neighborhood commercial use for the site.

It's intended for lower intensity retail, business, and professional offices.

And the staff notes that the C2 zone allows neighborhood commercial uses as recommended by the plan.

However, it also allows higher intense commercial uses that may not be compatible with the adjacent single-family, residential subdivision to the east of the site.

And this is actually the Mimosa Circle subdivision.

So staff found that the request was partly compatible with adopted Highway 58 plan, and adjacent commercial land use is in the commercial development form, for the property along the front.

So staff recommendation was to not deny the applicant's request and approve C2 for only a portion of the site, and I'll show you just that portion here in a moment, subject to the following condition, commercial signs and billboards, open air markets and adult-oriented establishment shall be prohibited.

And I'm going to just, so it's just for that, the staff was recommending just, excuse me, for that portion of the property that fronts on Highway 58.

So there was no opposition at Planning Commission.

However, applicant provided a revised site plan and proposed conditions to address the impacts on the properties on the Mimosa Circle.

So at that time, planning commission found the request was compatible and provided a recommendation to approve with this list of conditions, including the, the use restrictions I just mentioned, landscape for privacy fencing and directing light away from the R1 Residential Zone property.

And so just the, the applicant, this was the site plan provided with the application, and this is what staff reviewed for the recommendation to only approve the portion on C2 along Highway 58.

And then the revised site plan was the one provided at planning commission that they based their recommendation off of, along with the list of conditions provided by the applicant.

- [Chairman] Any questions, for Ms. Renick, at this point?

Councilman Hester?

- [Councilman Hester] What we need do is defer this, to give the applicant and the neighborhood a chance to communicate, regarding this development, if that's okay?

For two weeks, but we want to hear from the applicant first.

- [Chairman] Sure.

Well, if we're going to hear from the applicant, we need to hear from the opposition as well.

- [Councilman Hester] Yes sir, yes sir.

- [Chairman Henderson] Applicant, would you come forward?

- [Applicant] Well, good evening.

My name is Alan Jones with ACE Engineering, representing both the property owner and potential developers for this site.

First of all, I just want to apologize, Mr. Councilman Hester, we went through planning commission without opposition.

Found out late last week that they're, the neighbors do have some concerns.

Don't know those concerns are yet.

And as he said, we'd be happy to do a deferral if needed.

If the presentation today doesn't satisfy the council.

Quick, so quick little summary, the original site plan we submitted packed up the site pretty tight.

And we do understand that, that was a pretty heavy use that would back up next to a single-family, residential neighborhood.

So we did look at reducing the scope of that site in half.

And then some of the conditions that we discussed during planning commission, was to expand the buffer requirements.

There's a good stand of trees along the southern property boundary.

So looking at allowing 30 feet of the 40 foot buffer to remain undisturbed, but then still having a 40 foot landscape buffer, and anywhere where the landscape would be thinned out or that's thinned from existing vegetation, we will fill that in with additional vegetation.

In addition, we'll provide the 6 foot privacy fence, along the residential lots.

The property is currently zoned C5, which does allow higher intensity use commercial zones.

We're looking at putting a, self-storage in the rear, cause in my opinion, that's a low intensity use.

It's very low.

So that's how we came across to develop this site, putting the, the more active along the commercial frontage along Highway 58, and the less intense commercial use in the rear.

But at this time I'll just pause and let the opposition have a few moments to speak.

- [Chairman Henderson] All right.

Thank you, sir.

Opposition?

If you'd like to come and present your case at this time?

- We've been living in, in this community.

- [Chairman Henderson] Would you give us your name for the record please.

- My name is Edward Freeman.

I live in 54 of Mimosa Circle.

- [Chairman Henderson] Thank you.

- We've been dealing with this thing for the last 12 or 13, 12 or 15 years.

And our neighborhood, where they want to do this, put this C2 down through there, but we don't know what they're putting in there.

And we do not want this to go down through our back of our neighborhood.

Right in the back of our neighborhood, everybody got, they got their own grass growing and shrubs are growing and whatever but, they bring this stuff in, and we got the young people there.

We just don't want to, say, we need to put that down through our back, down through our back.

This is not the first time, we we've been dealing with the same thing for the last 12 or 16 years.

We asking you, we asking you all to turn this thing down.

That's what we, that's our problem going.

- Yes.

My name is Alonzo Noble.

I live in the community, been there for 33 years now.

And I think as Mr. Freeman spoke and said that we have been fighting this for last 12 years.

And right now there's something I've talked with Councilman Hester about, that's probably only in the back of my neighborhood, and my property, and my neighbor's property, where there's a car lot right there now, with a huge amount of tires that's piled up, which if they catch fire can bring damage to our area right there.

So that's something we need to check out and get fixed too.

But as far as speaking on this issue, it's something that, that we've been fighting for years.

And I'm not clear about, what I know that we've been, we didn't want no storage building back behind our community.

Because of, of certain things that brings to the community.

So we stand strongly against this rezoning.

So we appreciate if the council would stand with us.

- My name's John Courtney, and I live at 5112 Mimosa Circle.

I retired from Chattanooga Fire Department in '92, as the first black fireman, one of them.

And I been living there for 31 years now, and I want to live there the rest of my life, in peace there.

And I'm against this rezoning.

- [Chairman Henderson] Thank you.

All right, the applicant does have a 2 minute rebuttal if they would like to take it at this time.

- I'll just take it, just a couple seconds.

First of all, congrats, thank you for your service on the fire department.

That's a, it's a long tenure so thank you, sir.

And address some of the distances and the setbacks.

I did a quick takeoff, with the 40 foot buffer.

The back of the homes is going to be 115 to 120 feet, from any improved, improvements on this proposed site.

So I think there's going to be ample distance of, buffering between this potential development and the existing single family.

I am willing to meet with them, if they're open to it.

But, I know it sounds like they have a hard stance on where they stand, but I'm more than happy to, to meet with them if there's other conditions, that could help, ease their concerns.

And in addition, if it does help as something to consider, I did talk with the property owner, Mr. Greg Brock, this afternoon and he is willing to put self-storage as an excluded use of the C2 rezone, if that helps, ease council's consideration on this rezoning request.

Thank you.

- [Chairman Henderson] Thank you.

- My comment is, my stance is still the same.

I represent the developer and the Mimosa Circle neighborhood.

I think it'd be fair to both parties.

They could communicate, one another, and we defer this for 2 weeks.

- [Chairman Henderson] All right, so our, in 2 weeks, our November 23rd meeting is, we have canceled, that would be if you want to defer til the 30th?

- [Councilman Hester] Till 30th, correct.

- And that is in the form of motion?

Is that correct, sir?

- [Councilman Hester] Yes.

- Okay.

All right.

Councilman Ledford?

- [Councilman Ledford] Thank you, Mr. Chairman, Ms. Renick, can you remind us what is allowed in C5 currently, as it?

- [Clerk] So C5 is, is less intense.

So it is smaller footprint buildings.

It is you couldn't do a drive-through restaurant.

So it would be, it does allow retail uses just at a smaller scale, but, large drive-through restaurants, gas stations would be prohibited.

- [Councilman Ledford] And I think the footprint in C5 is 5,000 square feet.

- It is 5,000 square foot, yes.

- [Councilman Ledford] And you can have multiple 5000 square foot buildings?

- You can have multiple buildings.

- [Councilman Ledford] Okay.

So I want to make sure Mr. Allen, when you, if you, meet with the neighborhood, I want to make sure that Councilman Hester also, understand what it's currently zoned now, what is actually allowed, versus what is being asked, cause if you can find a less intensified use to make it better, for the residents, I think you've probably done a good job.

Thank you.

Thank you, Karen.

Thank you, Chairman.

- We do have a motion on the floor to defer until November the 30th with a proper second.

Are there any other questions or comments?

Councilman Byrd?

- [Councilman Byrd] Thank you, Chair.

Isn't, I think when I'm hearing from Councilman Ledford as well, what it's zoned right now, they can develop, and it's a potential developing, it could be worse than the conditions and things that they're getting now, right?

- [Clerk] It is C5, without condition.

So you're correct.

If, that there is a wide use of C5 zone options that are be available there, and that, there are right now proposed 5 uses for the site.

- Right - [Clerk] So yes, I would think that the, that there would be talk about what could be done there under the existing zone, and then with the conditions proposed for the C2.

- So without the C2 being on the table, if this was to be denied today, the C5 can move forward without our consent, because it's already zoned, right?

- [Clerk] That's correct.

The C5 zone has been in place for quite a while now, since 2016, the site was rezoned from R2 and C5, to C5 for entirety.

So yes, it is zoned C5.

- And so by them sitting at the table, talking, in contemplating on making it C2, the community have a right, to say some things and conditions that they may, can bring to the table.

So they won't be impacted, correct.

- [Clerk] That's right.

Those conditions are intended to reduce the impact of a development on this property on, on their property.

- All right, Thank you.

- We have a motion on the floor, to defer until November the 30th with a proper second, Madam Clerk, roll call please.

- [Clerk] Councilwoman Hill?

- [Councilwoman Hill] Yes.

- [Clerk] Councilman Ledford?

- [Councilman Ledford] Yes.

- [Clerk] Councilman Hester?

- [Councilman Hester] Yes.

- [Clerk] Councilwoman Berz?

- [Councilwoman Berz] Yes.

- [Clerk] Councilwoman Dotley?

- [Councilwoman Dotley] Yes.

- [Clerk] Councilman Byrd?

- [Councilman Byrd] Yes.

- [Clerk] Councilwoman Coonrod?

- [Councilwoman Coonrod] Yes.

- [Clerk] Councilman Smith?

- [Councilman Smith] Yes.

- [Clerk] Chairman Henderson?

- Yes - [Clerk] All yeses.

- Motion to defer until November the 30th does carry.

Begin, please.

- [Clerk] An Ordinance to amend Chattanooga City Code, Part II, Chapter 38 zoning ordinance, so as the rezone on property located at 2500 East 19th street, from R2 residential zone to UGC Urban General Commercial zone, subject to certain conditions.

- Case 2021 dash 0181, is the applicant present?

Thank you.

Is there any opposition to this case present?

Okay.

This is interesting.

Councilwoman Coonrod, do you want to hear a presentation, and then we'll take the applicant and opposition?

- This is a request to rezone property from R2 residential zone to R3 residential zone.

This is south of the Milltown development, but it's not connected to that effort.

It's request is continued use as a triplex.

The property is located just south of East 19th Street and 35 feet to the west of Dodds Avenue.

It's an existing duplex structure.

Staff and planning commission had similar findings, that the request is compatible with adoptive plan, adjacent land uses, and development form.

Staff recommended the Urban General Commercial Zone, recommended, denying their original request for the R3 and recommended the Urban General Commercial Zone, because the existing lot does not meet the minimum lot size requirements in R3 residential zone.

So in order to move forward is the triplex use Urban General Commercial Zone was needed, based on lot size.

So the staff also found the Urban General Commercial Zone is more closely aligned with a mixed residential place type, as recommended in the Area 3 Historic River-to-Ridge Area Plan both staff and planning commission recommending denying the R3, approving Urban General Commercial Zone, with the following conditions.

Residential use only and maximum building height of three stories.

And there's additional slides, should desire to see those.

- [Chairman Henderson] Any questions for, the staff before we moved to the applicant?

All right, applicant, would you come forward?

- Thank you.

My name is Nathan Brown, and I am working with the actual current owners of the property, which is a family partnership.

They've owned the property for many years and we've partnered together to bring a lot of the properties that they have in this area, and adjacent districts, back into use, that have currently not been into use.

And instead of tearing it down and waiting for something different to do, we wanted to bring it back and keep it more affordable.

We think that as a 2 bedroom, 2 bath unit, we could probably rent those somewhere in the 1100 to 1200 dollar range, which is way more affordable than, some of the 300 thousand dollar homes that are being built in the area.

- [Chairman Henderson] All right.

- Well, thank you, this is a first for me to be in opposition to a zoning case.

- [Chairman Henderson] And would you give us a name please?

- My name is Ethan Collier.

- [Chairman Henderson] Thank you.

- Technically, I'm not in opposition.

I am a little bit, but I just wanted to be clear about the fact that it's exciting to see that there are multiple rezoning cases, in and around, the project that we're doing in Oak Grove.

You just had one, which was item K, and then ours, and now this.

So I think that's exciting to see.

But I also think it's really important that, as staff and planning commission make recommendations on these rezoning cases, that they're strictly held to, because the project that we're doing in Oak Grove, which is our Miltown project, we've made ourself subject to some really stringent conditions in regards to, where the building sits on the property, how the building is parked, the landscaping, the sidewalks, the street trees.

I mean, it is as stringent as any form-based code is, anywhere in Chattanooga, or in any other zone.

And as other applicants come to make requests, I think it's really important that, whatever recommendations are coming from RPA or the planning commission, are truly considered and given great consideration.

We, I, in our company, we are in R3 zone.

Every property that we've bought, that's either M1 or R2, we've changed to the C3 zone that we have, with conditions.

And we've developed a lot of town homes using the Urban General Commercial Zone, which is what planning commissions recommended.

And we're working really hard.

We've made significant investments in that area.

We've started over 60 houses, and have made great efforts to remove the, types of homes that are typically developed in R3.

I think, arguably, most of us that live in Chattanooga would rather not live around R3.

We've zoned properties R3, but with a lot of conditions.

And so I would ask that if, if you do move forward with some sort of R3 that there'd be some conditions in place to make sure that, it stays fitting with the neighborhood.

So I'm happy, happy to answer any questions.

It's super unusual for me to be ain opposition.

- [Chairman Henderson] Do you have any questions for the opposition at this point?

I'm not seeing any lights, thank you.

Mr. Brown, you do have a two minute rebuttal.

- I'll just say I can appreciate Mr. Collier and his company and what they're doing in the area.

I think the property, it was originally built as a triplex.

We just want to rehabilitate that, bring it back.

I don't think it's out of form with what he's doing or what it has been for the last, 50 years that it's been sitting there, but for the last decade or so, just unused.

And I'd like to bring it back into the community for some people to live there.

That's it.

- [Chairman Henderson] Councilman Ledford?

- [Councilman Ledford] Chairman, you've gone down the rabbit hole with me, ahead of me, just a little bit, I'm wanting to make sure I understood what we were looking at, Karen.

So the motion to approve this would be for UGC, not R3?

- [Clerk] That's correct.

The motion to approve would be to deny it is to deny the, is to approve the Urban General Commercial Zone.

- Okay.

And in the conditions, are we limited to any height restrictions?

- [Clerk] We are.

It is limited to, and I apologize, let me get back to my slide here.

It's a little bit, basically it is limited to, residential uses only and maximum building height of three stories.

That was intended to continue to be in conformity with the plan and to, the obviously it's two stories now, but if the property was redeveloped in the Urban General Commercial form, to limit it to three stories based on its location.

- Okay.

Thank you for that clarification.

I think that was the right call.

- [Clerk] And I apologize that that was not clear in the presentation.

Sorry.

- I'm good now.

Thank you very much.

- [Chairman Henderson] Councilwoman Coonrod?

- [Councilwoman Coonrod] Ms. Karen, you hit on it with the Historic River-to-the-Ridge Plan.

You, because our community members work so hard to have their voice heard in that plan.

So I most definitely want to make sure that we're aligning with their voices in that plan, and keep it that way moving forward.

Nathan Brown, I do thank you for all, bringing that property back, cause for 4 years, I've been fighting, complaining, about it, referring, referring this piece of property to codes.

So I'm just thankful, finally, somebody is saying, let's fix it.

Maybe those 4 years, paying off in the end.

Really thankful for the fire starter, with Ethan, the, get everybody else on board that want to invest in that neighborhood too.

So I most definitely want to move to approve the planning and staff version of UGC and deny R3.

- So the motion on the floor is to approve the UGC Urban General Commercial with certain conditions.

And we have a second, correct?

Okay.

I just want to make that clear.

All right, are there any questions or comments, before we vote?

Roll call please.

- [Clerk] Councilwoman Hill?

- [Councilwoman Hill] Yes.

- [Clerk] Councilman Ledford?

- [Councilman Ledford] Yes.

- [Clerk] Councilman Hester?

- [Councilman Hester] Yes.

- [Clerk] Councilwoman Berz.

- [Councilwoman Berz] Yes.

- [Clerk] Councilwoman Dotley.

- [Councilwoman Dotley] Yes.

- [Clerk] Councilman Coonrod?

- [Councilman Coonrod] Yes.

- [Clerk] Councilman Smith.

- [Councilman Smith] Yes.

- [Clerk] Chairman Henderson?

- [Chairman Henderson] Yes.

- [Clerk] All yeses.

- Motion to approve UGC, Urban General Commercial with certain conditions, carries.

Karen, I think that concludes all of our planning items for this evening.

Thank you.

All right, anyone else that would like to address the council this afternoon?

Anyone else who would like to address the council?

Council I am not seeing any other hands.

What's your pleasure?

So moved.

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