Cleveland planners approve a zoning amendment

By TIM SINIARD
Posted 5/16/18

The Cleveland Planning Commission voted Tuesday to approve a request to amend a zoning ordinance that would provide a conditional use permit for automobile sales within the Central Business District, as well as voted to have a special-called meeting to provide ample time to rewrite a planner unit development (PUD) in connection to a site where a school building is located.

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Cleveland planners approve a zoning amendment

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The Cleveland Planning Commission voted Tuesday to approve a request to amend a zoning ordinance that would provide a conditional use permit for automobile sales within the Central Business District, as well as voted to have a special-called meeting to provide ample time to rewrite a planner unit development, or PUD, in connection to a site where a school building is located.

Peter Kaluk, who has recently remodeled the former Napa Auto Parts store on 395 S. Ocoee St, submitted the request. According to a letter written to the commission, Kaluk noted that his objective was to “buy, sell and consign high-end classic cars” at the site.

According to documents furnished by the planning commission, the site is located within the Central Business District, where automobile sales lots are not currently permitted.

Corey Divel, senior planner for the city of Cleveland, said the type of business operated by Kaluk differed from a conventional automobile sales lot. He told the commission that a conditional use provision was advisable.

“He has spent time renovating it and wants to sell classic cars there,” Divel said. "I told him we would consider a conditional use in the language of the ordinance, but that no more than 50 percent of the inventory can be located outside of the building.”

Although car lots are located in the vicinity, Divel told commissioners that those sites had been grandfathered in when the Central Business District ordinance was written. He also said Kaluk’s business was not a typical car sales lot.

“It’s not a typical use of downtown property, but then it’s not a typical car lot either,” Divel said.

The commission voted unanimously to approve the ordinance revision.

The commission also voted to have a special called meeting in response to a rezoning request to change the site’s current R2 low density single and multi-family residential zoning district to PUD. The property is located at 209 Sunset Drive N.W.

According to a city planner staff report provided to the commission, the existing building was built in 1942 and originally housed North Lee Elementary School. It is the current location of Goal Academy, which is operated by the Bradley County Schools system.

“In the 1940s, it was zoned R2. It was grandfathered as a school, but if the school moves, then the site can only be used for R2,” Divel told the Cleveland Daily Banner. “My recommendation to the city council is that the best route is to write a PUD that will apply professional use of the building. It can be a medical office, a day care or other professional uses.”

According to city planner documents, the remaining areas surrounding the site would remain designated R2 zoning status, allowing only one, two, three, or four unit structures.

Jonathan Jobe, a member of the planning commission, requested that the commission set aside time to further review the request.

“I would ask that we postpone the decision for two weeks to make sure everyone is in agreement on the PUD ordinance,” Jobe said.

The commission voted to convene in a special called meeting to review further study current zoning ordinances, as well as the requested PUD rezoning request.

In other business, the planning commission:

Approved $389,196 to fund infrastructure improvements, codes enforcement, affordable housing and administration

Approved a rezoning request by William and Tammy Holland for approximately .34 acres of property located at 3920 N. Ocoee St., from R1 single family residential zoning to PI professional institutional zoning district.

Approved a rezoning request for 6.3 acres of property by the trustees of North Cleveland Church of God from R5 high-density residential district to PI professional institutional zoning district. The property is located on 11th St. N.E.

Approved a request to change the municipal borders for a property located on Stuart Road N.E. According to planning commission documents, approximately two-thirds of the property is located within the city and the remaining one-third located in the county. The property is currently vacant. In addition, the applicant has stated that future use of the property will not requite connection to a sewer and thus desired not to be subject to city taxes. The amount of loss in tax revenue to the city would be approximately $957 annually when the property is de-annexed by the commission.

The special called meeting will be held at noon Tuesday, May 29, at the Municipal Building.

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