Council Approves Black Creek Preliminary PUD Despite Challenge From Sharp Attorney

  • Wednesday, February 13, 2013

The City Council on Tuesday night approved a preliminary Planned Unit Development (PUD) for "The Ridges" portion of the Black Creek development in Lookout Valley despite a challenge from the attorney for Helen Burns Sharp.

Attorney John Konvalinka said under the city code that the developers should have provided additional information required by the code, including details on roads, sewers and stormwater, even on a "preliminary" PUD.

Allen Jones of Ragan-Smith Associates said the project would include residential as well as an assisted living facility on two ridges above the Cummings Cove development and near the road up Aetna Mountain.

Greg Haynes of the Regional Planning Agency said the practice had been on preliminary PUDs not to require certain expensive detailed plans. He said the project would go back before the council later for the final PUD and the information would have to be included by then. Developers have two years from approval of the preliminary PUD to the final PUD approval.

City Attorney Mike McMahan said amending the code to correspond to actual practice was "a good suggestion," and he said the RPA staff is working on that.

Councilwoman Carol Berz said the council should only be voting once on a PUD - when it had been cleared by planning as having met all the requirements.

Councilman Peter Murphy said the council was basically making a land use decision and leaving the technicalities to the staff.

He made a motion to approve subject to the developers fulfilling any deficiencies on the application within a year.

It passed with six votes of approval. Opposed were council members Berz and Deborah Scott. Councilwoman Sally Robinson, whose son-in-law Mike Mallen is involved in the project, recused herself.

Ms. Sharp has also been a critic of $9 million in TIF financing for the Black Creek developers to build a road and sewer line to the top of the mountain, where a huge development is planned. 

Mr. Jones said of Ms. Sharp that "this person with the attorney is not a resident of the community." He said Black Creek residents support The Ridges" project, including the assisted living facility.

Approval for the assisted living must come from the Board of Zoning Appeals. 

 

Breaking News
Latest Hamilton County Arrest Report
  • 3/28/2024

Here is the latest Hamilton County arrest report: ADERHOLT, FELICIA DAWN 1110 ST CLAIR ST DUNLAP, 37327 Age at Arrest: 37 years old Arresting Agency: HC Sheriff Booked for Previous ... more

Signal Mountain Must Determine How To Use Remainder Of ARPA Funds
  • 3/27/2024

The town of Signal Mountain has $358,637 remaining from the American Rescue Plan Act (ARPA) funds it received and there must be a plan in place by the end of the year for how the money will be ... more

2 Men Charged In Dalton For January Drive-By Shooting
  • 3/27/2024

The Dalton Police Department has charged two men for their roles in a Jan. 28th drive-by shooting near downtown Dalton. Joshua Lee Edwards, 36, of Dalton was charged with two counts of aggravated ... more