The Council will not meet on June 11, the regular meeting date, due to the Tennessee Municipal League Annual Conference on June 12-15.
Local attorney Roger Jenne was the latest to express opposition to rezoning properties at 105 and 107 30th St. and 3005 Julian Drive from Low Density Residential to Commercial Highway. The Cleveland Municipal Planning Commission approved Grissom’s request on April 10, on the advice of planning staff, but against the wishes of about 40 neighbors from Sullivan Estates subdivision who circulated a petition opposing the change based on deed restrictions.
However, after researching titles, Senior Planner Paul Corder said at the April meeting that Grissom’s property is located in the Lee Heights subdivision. “Lee Heights is different from Sullivan Estates because ... it is designated for single family in almost all of it,” Corder said. “The Lee Heights subdivision, which is where Grissom Funeral Home is located, specifically allows businesses in this area, so there are no deed restrictions I could find.”
On Monday, Jenne said the zoning change should not be approved because the justification is flawed.
“I would speak in opposition to it because I believe that the recommendation is legally flawed and I know there is some factually incorrect information included in the memorandum I read from Mr. Jobe,” Jenne said.
Jonathan Jobe is director of the Development and Engineering Services Department for the city of Cleveland.
He said the reasoning stated in the memorandum is flawed because the Long Range Transportation Plan calls for an update of the city’s 1995 Land Use Plan. The city is in the process of generating a new comprehensive plan.
In the memorandum, Jobe stated the comprehensive plan will give further guidance on future land use decisions in this area. A localized study of 25th Street referred to in the memorandum was described as a stop-gap until the full plan can be completed.
Jenne said Monday, “The law is clear that any zone or rezone must be in furtherance of a comprehensive plan. According to the memo, there is no comprehensive plan. Even if there was a comprehensive plan, the law further mandates that the zoning or rezoning request must be in furtherance of the protection of public health, safety, comfort, welfare and morals.
“I would suggest to you here that if there was a comprehensive plan, that would allow you to consider whether or not this request is in the furtherance of the health, safety and morals; that is not evident here,” Jenne said.
City staff said they are operating off of the 1995 Land Use Plan. A new plan should be ready in mid-2013.
“The request for rezoning here is simply carving out a small portion of land that’s in a residential zoned area and making it commercial, not for the public welfare, but simply for private gain.”
According to the memorandum, the properties north of 30th Street N.E., owned by Grissom, are in Lee Heights. The deed restrictions on this subdivision allow this area as a place for businesses. The property fronting North Ocoee Street is already zoned CH. The only real options for the rest of the property are CH or R2. Only the CH zone allows businesses.