March 14th, 2023

(energetic music) - [Announcer] You are watching highlights of the Chattanooga City Council Meeting, a production of WTCI PBS.

(energetic music) - Good afternoon everyone, and welcome to our Tuesday, March 14th City Council business agenda.

I'll now call this meeting to order and the Pledge of Allegiance and invocation if she so desires.

We do have a special presentation this evening.

We'll have a public hearing on an annexation petition for 5619 Clark Road located in Harrison, Tennessee.

The public hearing will be 30 minutes maximum time length.

Each individual speaker will be allowed two minutes.

Does anyone wish, I will now open the public hearing on the annexation for 5619 Clark Road.

Anyone wishing to speak on the public hearing for the annexation, please come forward.

Council, I'm seeing no one wishing to speak on the annexation.

The hearing is now closed.

We'll go into our minutes.

Approval, please.

- [Speaker] So moved.

- [Speaker 2] Second.

- Thank you.

Minutes will stand without objection.

Order of business for City Council ordinances on final reading.

Madam Clerk, Wastewater Item A, please.

- An ordinance closing and abandoning a sewer easement located in the 1800 block of South Holtzclaw Avenue beginning at a point along said easement 163 feet north of MH number S156A034, thence continuing northwest along said easement 1050.41 feet to a point, tax map numbers 156A-F-002, 028 and 029.

- It's in District Eight on a final read.

- [Speaker 3] Move to approve.

- Motion to approve with a second to that motion, thank you.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, item carries.

Ordinances on first reading under city council office Item A, Madam Clerk, please.

- An ordinance to amend the Charter of the City of Chattanooga, and all acts, ordinances and other Charter provisions amendatory thereof pursuant to the provisions of Article 11, section nine of the Constitution of the State of Tennessee (Home Rule Amendment) Title 5.3 and 5.15 to establish a time of elections and to create term limits.

- Councilwoman Coonrod, you have the floor.

- Moved to approve.

- I have a motion to approve.

I have no second for the motion.

Item fails for lack of a second.

Under item planning B please, Madam Clerk.

- An ordinance to amend Chattanooga City Code part two, chapter 38, Zoning Ordinance, so as to rezone property located at 335 Browns Ferry Road from R-5 Residential Zone to R-3MD Moderate Density Zone.

- Is the applicant present?

I have an applicant.

Is there any opposition present?

Councilman Henderson, you have the floor, sir.

- Name as chairman for approval.

- Second.

- I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, Item B carries.

Item C, please.

- An ordinance to amend Chattanooga City Code part two, chapter 38, zoning ordinance, so as to rezone part of a property located at 7671 Goodwin Road from R-1 Residential Zone to R-4 Special Zone, subject to certain conditions.

- Is the applicant present?

I have an applicant.

Is there any opposition present?

This item is in District Four.

I have a motion to approve, I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, item carries.

Madam Clerk, Item D please.

- An ordinance to amend Chattanooga City Code part two, chapter 38, Zoning Ordinance, so as to rezone properties located at 7368, 7376, 7384 and 7390 Old Cleveland Pike from R-1 Residential Zone to R-T/Z Residential Townhouse/Lot Line Zero, subject to certain conditions.

- Is the applicant present?

I have an applicant.

Is there any opposition present?

I have one opposition.

Sir, all right.

Dr. Berz.

Good evening, Ms. Rennich.

- Good evening.

I'll go ahead and get started.

This is case 2023-0020.

It's 7368, 7376, 7384, and 7390 Old Cleveland Pike.

The request is to rezone from R-1 to R-T/Z Residential Townhouse/Zero Lot Line Zone to develop an 18 unit townhome development.

- [Darrin] It's coming.

- I'm gonna go ahead and look.

The property to the north shown on your map in the darker yellow was a request to rezone to R-Zero Lot Line Zone that was approved in 1998 with a maximum of 26 units, and request to rezone parcels along Bonny Oaks Drive to R-4 and C2 are shown south of the site.

Bonny Oaks Drive, I'm sorry, it's the intersection there with Silverdale Road.

Silverdale Baptist is to the southwest, just to orient you.

That request to rezone to R-4 and C2 was approved in 2021, and the C2 zone has a long list of prohibited uses.

It's currently developed with a new drive-through restaurant, so just giving, kind of setting the tone with the zoning, because part of the recommendation was that this is a transitional zone.

The site is surrounded on Old Cleveland Pike by mix of uses including single family residential, vacant land, a church and a daycare, the new drive through restaurant, along with that newly zoned R-4 property on Bonny Oaks Drive abuts as property to the rear.

The site is located in the Shallowford Road/Lee Highway area plan, which recommends single unit residential as a land use designation for the Bonny Oaks Corridor in this area.

It recommends single family detached residential as a primary use, but states that Bonny Oaks Drive particularly west of Silverdale, that this area may be appropriate for higher density residential uses in the future.

Staff found that the request is compatible with the Shallowford Road/Lee Highway area plan recommendation, surrounding mix of uses in the surrounding development form.

The R-T/Z Zone acts as a transition from the R-1 Zone to the north of the site, that 1998 rezoning, and the R-4 and C2 Zone south of the site along Bonny Oaks Drive.

Staff recommended conditions to ensure compatibility.

There was no opposition at planning commission.

There was a neighboring property owner present and asked for a buffer along the southern property line.

Also, someone was present to ask about road improvements, and the applicant spoke to their understanding of road improvements as were required during the permitting process.

I think that was less opposition and more just a request for information.

Planning Commission found that the request is compatible with the conditions.

The first three conditions as recommended by staff carried over, which is a maximum of four units per mast building, parking to the rear, a maximum of two curb cuts along old Cleveland Pike and less additional curb cuts are required due to the permitting process.

This is to ensure there's not a driveway curb cut for each of those 18 units along old Cleveland Pike.

And then in response to the input at Planning Commission, Planning Commission's also recommending a fourth condition, which is a 10 foot type C buffer to be provided along the southern property line, abutting this property and the property to the south that is zoned R-4 Special Zone.

- Okay, thank you, Ms. Karen.

The applicant will now have seven minutes to present to counsel.

Opposition will have nine minutes total, and the applicant will then have two minutes to follow up.

If you would state your name and who you're with.

- Absolutely.

Good evening.

My name is Allen Jones with Stone Creek Consulting.

I think Ms. Rennich did a good job giving an overview of the project, so I'll just yield my time to the individual that has.

- [Darrin] Sure.

Dr. Berz, if you'll hit your light for me.

- [Carol] Allen, to your knowledge, there was no opposition, right?

- That's right.

We held a neighborhood meeting back on February 2nd, I believe it was.

I know the residents that showed up to that meeting were good with the design approach that we are looking at.

I have not heard any opposition until now.

- [Carol] Okay, so you had a neighborhood meeting?

- Yes, ma'am.

- [Carol] The people showed up and there was full discussion.

Was there any discussion about dissatisfaction with the design or the elements you were using?

- No, they were good.

- [Carol] They wanted a buffer though, which makes perfect sense.

- Yeah, and the buffer came up with the Planning Commission.

It was something that he didn't think about during the meeting, and he thought about during the Planning Commission meeting, and that was something that we were more than happy to accommodate.

- Okay, thank you.

I'd like to hear from the opposition.

- Absolutely.

I did see an opposition.

If you'll come sir to the podium, you'll have nine minutes.

- Yes, my name is John Dunn, and I live just off of Bonny Oaks and Old Cleveland Pike there.

I wasn't aware of the original town hall meeting because I was in transition of changing jobs at that moment, but basically I'm in agreement with most of it.

The traffic situation is horrid, and adding that much more on top of it where it goes from a four-lane into a two-lane of traffic right there at Silverdale Baptist Church and the school, for me to get out in the morning, I already have to go down the road, turn around to come back.

It's just going to create even more havoc.

I've lived there for 21 years and I've seen the growth, and I've seen the hurt that it's created with the the local residents to the point where several were actually considering moving if they could find a buyer, which is sad, but that's why the opposition is.

Number one, I'm actually here for another reason, but since this actually is right there at my property, I wasn't aware of it, and my opposition is that growth is just going to cause too much traffic and security issues, because we're already having that no more than what we have there now.

- If I may.

- Dr. Berz, please.

- All right.

I think your concerns are valid.

Do you come out with the light there?

I was out there yesterday looking around.

Do you come out there at the light at Silverdale?

- No, I am just towards the interstate from that light.

I have to go down to the light to make my turn to get back out.

- You can get out with the light, right?

- No, I actually have to get out on Bonny Oaks, go down, turn around, and then come back up to get back to the interstate, because I'm just north of Silverdale Road right there by the Presbyterian Church.

- Yeah, I know exactly where you are.

Okay, so the problem is being able to get to the interstate.

You have to go and then turn back around.

Allen, was there a traffic study done about the impact?

- No, ma'am.

Due to the smaller nature of this development, a traffic impact study was not requested.

- It wasn't requested?

You said something else, too.

Do you know that there's a neighborhood association meeting?

I think it's a week from, huh?

- It's next Thursday.

- Oh, good.

- I plan on being at that as well.

- Okay, so there's a neighborhood association meeting that I'm really looking forward to.

You've got some other issues out there, correct, that you want to work on?

- Yes, ma'am.

- Are all of you from the same area?

Okay.

- [Woman] John and I are neighbors.

- Okay, so are you okay with this the way it is?

- [Woman] I wasn't even aware of this, honestly.

(woman speaking faintly) - Okay, you all saw the yellow sign out and the meeting date?

Because I saw it yesterday, did you?

Okay.

Yeah, well, tell you what.

Allen, what would you think about postponing or deferring?

They're setting up a neighborhood association.

There's things you can do and things you can't do, and we'll be talking about those.

I think he meets all the requisites, but if you'd like more information, I think that's your right.

It's you guys' responsibility to, that's why the big yellow signs are up there, okay?

So that you have notice to the world is what it's called.

- [John] Honestly, I try not to go that way.

- Because of the traffic, right?

- [John] Yes, exactly.

- I got it.

What do y'all want to do?

(woman speaking faintly) - Everything looks fine to me to approve, but if you'd like to see pictures or do that, we can defer for two weeks.

Just what do you want to do?

'Cause I know the meeting's coming up.

(woman speaking faintly) - Okay, so the purpose is not to tear it apart.

The purpose is to get where the buffers and et cetera meet the needs of the neighborhood, agreed?

Okay, I'll look forward to working with you on it.

Allen, can you defer for two weeks?

- [Allen] I can, yeah.

- All right.

How about we defer for two weeks?

- I have a motion to defer until February 28th, or March 28th, my apologies.

- The 23rd is our meeting, I think.

- Do I have the date correct, Mr. Turney?

- Yes sir, March 28th.

- March 28th.

- [Carol] Allen, can you have some visuals for them?

- Yes, ma'am.

I'll get with the gentleman here.

- Yeah, y'all work together on that.

- Absolutely, I'll give you my card.

- Let me ask you one other thing.

The neighborhood meeting, Allen, they didn't get notice of the neighborhood meeting.

- [Allen] To my knowledge, there was not a neighborhood association registered with the city, so what I did was I mailed about 70 letters to all the residentials that were in proximity to this site.

- Did y'all get the letters?

- [Allen] I'm not sure where they live, but mostly hit most of the homes along Old Cleveland Pike and then the ones that touched it off of Bonny Oaks.

- Okay, I think it'll be fine.

Let's just defer for two weeks.

- Our house is just out front.

- Okay, I do have a motion on the floor for deferral until March 28th with a proper second.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, we are deferred until March 28th.

Thank you.

Item E, Madam Clerk.

- [Carol] Thanks guys, appreciate it.

- An ordinance to amend Chattanooga City Code part two, chapter 38, Zoning Ordinance, so as to rezone property located at 5103 Central Avenue from R-2 Residential Zone to UGC Urban General Commercial Zone, subject to certain conditions.

- Is the applicant present?

Hang on.

Is the applicant present?

Thank you.

Is there any opposition present?

Dr. Berz, or I mean, Madam Vice Chair.

Sorry, I was on the previous case.

- Yes, after speaking with the community and also with Mr. Jones, I would like to make a motion to withdraw this.

- I have a motion to withdraw this item.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, item is withdrawn.

Item F please, Madam Clerk.

- An ordinance to amend Chattanooga City Code, part two, chapter 38, Zoning Ordinance, so as to rezone property located at 1414 East 49th Street from R-1 Residential Zone to R-2 Residential Zone.

- Is the applicant present?

Is there any opposition present?

I do have opposition.

Madam Vice Chair.

- Again, after speaking with the community and also with the applicant, I move to withdraw this one as well.

- I have a motion to withdraw, but ma'am, I'm assuming you do not want to speak because this is about to be withdrawn.

- [Woman] I don't know what that means.

- It's going away.

All right, thank you.

I do have a motion to withdraw.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, item has been withdrawn, thank you.

Item G Madam Clerk, please.

- An order to amend Chattanooga City Code part two, chapter 38, Zoning Ordinance, so as to rezone property located at 1601 South Holtzclaw Avenue From UGC Urban General Commercial Zone (pre 8/30/2022) to UGC Urban General Commercial Zone (post 8/30/2022), subject to certain conditions.

- Is the applicant present?

Is there any opposition present?

Councilwoman Noel, I have no applicant, I have no opposition.

Motion to approve, I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, item carries.

Item H Madam Clerk, please.

- An ordinance amending Chattanooga City Code part two, chapter 38, Zoning Ordinance, Article Five, Zoning Regulations, Division 13, C-2 Convenience Commercial Zone, Section 38-188, minimum yard and landscaping requirements, maintenance of visibility at access points, relations of yards to turnout and merging lanes and division 29, off-street parking and loading space requirements, Section 38-472, General Regulations by amending Table 1700 Multi-Family Units.

- Councilman Henderson.

- Thank you, Mr.

Chair.

I do believe this needs more time to develop, so at this time I'm gonna move to withdraw.

- I have a motion to withdraw Item H. I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, item has been withdrawn.

Under resolutions, council office, without objection from council, I would like for you to read A, B and C. Madam Clerk, take those as a package.

- Yes.

- Item A, a resolution confirming the appointment of Linda Kirk to the South Region Community Advisory Committee for District Seven with a term beginning on March 15th, 2023 and ending on March 15th, 2025.

Item B, a resolution confirming the appointment of De'Jah Billingsley to the South Region Community Advisory Committee for District Seven with a term beginning on March 15th, 2023 and ending on March 15th, 2025.

Item C, a resolution confirming the appointment of Neda Long to the South Region Community Advisory Committee for District Seven with a term beginning on March 15th, 2023 and ending on March 15th, 2024.

- Madam Vice Chair.

- [Raquetta] Move to approve.

- I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, Items A, B and C do carry.

Is Linda, De'Jah and Neda, are you with us today?

What's the name?

- De'Jah.

- De'Jah, my apologies.

Okay, well we thank you for your service if you're watching, and we look forward to what you'll be doing for our city and the South Region Community Advisory Committee.

Thank you so much.

Under finance Madame Clerk, Item D, please.

- A resolution consenting to the execution and delivery by the Industrial Development Board of the City of Chattanooga of certain documents providing for the release of a portion of Debt Service Reserve Account monies of the Industrial Development Board in connection with the Industrial Development Board's Chattanooga Lease Rental Revenue Refunding Bonds series 2018A (tax-exempt) and Chattanooga Lease Rental Revenue Refunding Bonds series 2018C (taxable), directing the trustee for such bonds to enter into certain documents and connection therewith and authorizing certain actions related thereto.

- Move approved.

- I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, item carries.

Under Legal, Item E, please.

- A resolution adopting a written report of the Chattanooga-Hamilton County Regional Planning Agency staff regarding the reasonableness of the scope of services to be provided and the timing of such services as required by TCA Section 6-51-102(B) for TP Chattanooga Property, LLC, 5619 Clark Road, tax map and parcel number 121A-E-004.

- Move approval.

- Motion to approve.

Second to that motion, thank you.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, Item E carries.

Madam Clerk, Item F, please.

- A resolution adopting a plan of services and extending the corporate limits of the City of Chattanooga, Tennessee, by annexing certain territory contiguous to the present corporate limits of said city, being tax map number 121A-E-004 to this resolution pursuant to TCA Section 6-51-104 located in Hamilton County, Tennessee, owned by TP Chattanooga Property, LLC, being more fully described herein.

- Move approval.

- I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, Item F carries, thank you.

Under Planning, Item G please, Madam Clerk.

- A resolution approving a Special Exceptions Permit for a residential planned unit development for property located at 7671 Goodwin Road, subject to certain conditions.

- Is the applicant present?

I have an applicant.

Is there any opposition present?

This is in District Four.

We have an applicant with no opposition.

I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- Opposed, Item G carries.

Under Public Works, Madam Clerk, transportation without objection from council, will you read H and I together, please?

- Item H, a resolution authorizing the payment to the Tennessee Department of Transportation (TDOT) for the city's 20% share of estimated construction expenses on the Hamilton Place Boulevard Modification Project Number T-18-009 in the amount of $1,473,642.

Item I, a resolution authorizing the Department of Public Works and Transportation to award Contract Number T-21-001, Brainerd Road Sidewalks, to Integrated Properties, LLC for the contract amount of $1,395,722.87, as shown in the attached bid schedule, with a contingency in the amount of $139,572.29, for a total amount of $1,535,295.16.

- Move approval.

- Dr. Berz, thank you.

Motion to approve, second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

Opposed, Items H and I carry, thank you.

We'll now move into committee reports.

Councilwoman Coonrod, we'll start down with you.

Oh, hit your light for me, I'm sorry.

Thank you, ma'am.

- Thank you, Chair.

Jermaine and Quinton presented today economic development for our Workforce Development Department, gave an excellent presentation.

They're doing great work in the department.

- Thank you.

Councilwoman Noel?

- No report.

- Dr. Berz.

- No report, sir.

- Thank you.

Councilman Henderson?

- No report.

- Councilwoman Hill?

Welcome back, Councilman Smith.

- Thank you, sir.

We did have a Legislative Committee meeting today.

We discussed a Station Street amendment.

Further discussion in the future, sir.

- Thank you, sir.

Councilman Hester?

- No report.

- Madam Vice Chair?

- No report.

- Okay, that concludes our committee reports.

- May I make announcement?

I forgot.

- You may, and I will make an announcement right after you, so if you'll hit your light for me.

Ladies first always, thank you.

- Thank you, Mr.

Chair.

I'm sorry, I forgot, I said no report, but I do have a committee set up to do a presentation on the eighth of this month for education.

- [Darrin] We've already passed the eighth of this month.

- I mean the 28th.

I'm sorry, 28th.

- [Darrin] Very good.

Are you requesting a committee meeting on the 28th?

- On the 28th for education.

- [Darrin] I'm happy to oblige.

- I'm sorry.

- [Darrin] That's okay, happy to oblige, Madam Clerk.

- Thank you.

- Okay, thank you very much.

My announcement is that we will have another public hearing next week on the Climate Action Plan as presented by the Mayor's office.

The same format we'll follow that we did today, a 30 minute time limit with each speaker receiving a two minute time limit.

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

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