Developer James Pratt has sued the city over its 6-3 vote to squelch a planned development at The Quarry on Read's Lake Road.
Six council members (Ken Smith, Anthony Byrd, Jerry Mitchell, Russell Gilbert, Erskine Oglesby and Chip Henderson) were in the majority, while Demetrus Coonrod voted no and Carol Berz and Darrin Ledford abstained.
Developer Pratt has been planning to put a development at the former golf course, but neighbors are fiercely opposed.
The City Council in April went along with a request by Councilman Chip Henderson to place new conditions in the current C-2 zoning that had the effect of downzoning the property against the owner's wishes.
The developer noted that the city 16 years ago had changed about 600 tracts to C-2. He earlier told the Planning Commission, "To go back to the zoning from 16 years ago, that's crazy."
Saying the city "over-reached," he added, "This is improper, illegal and just not right."
City Attorney Phil Noblett said the law "does allow the imposing of conditions for the benefit of the public."
John Bridger of the Planning Commission said it may be possible that in 2002 nearby residents were not notified that the large tract near their residences was getting the commercial designation.
Plans for The Quarry included 25 single-family home lots on two cul-de-sac roads near the clubhouse, 10 apartments, 60 townhomes and four single-family lots in a middle section, and 24 townhomes, 16 apartments and five single-family lots at the south end.
Councilman Henderson said the property was rezoned from R1 to R4/C-1 in 1977. He said there was a change in 1980 to allow a restaurant and bar. In 1992, he said the City Council carried out a wholesale rezoning that changed a number of C-1 zones to C-2, including The Quarry clubhouse portion.
Councilman Henderson said C-2 is "the wild, wild West. You can do almost anything you want to in a C-2."
The leader of the Mountain Creek group said in a newsletter:
Developer Dear Friends of Mountain Creek
We regret to inform you that Pratt Development is following through with his earlier threat and has filed a lawsuit to overturn the rezoning of the Clubhouse portion of the Quarry property. Not only has Pratt sued the City of Chattanooga, but he has also sued the Chattanooga City Council and Councilman Henderson individually. By also naming Chip and the City Council as defendants, Pratt is continuing his pattern of aggression and intimidation to get his way.
You will recall that the City Council acted on our behalf by righting a wrong that had been done by a previous City Council by passing the Ordinance to prevent converting the 2+ acre clubhouse section into high density apartments. Chip Henderson has been our advocate from the beginning. He has done the right thing for our community; he has listened to us, created a citizens’ committee to work with the developer; kept us on the right path; and justice prevailed when the Ordinance was passed. The developer obviously has a different angle. It is especially unfortunate that Pratt Development has individually identified Mr. Henderson in this lawsuit.
Chip is a champion of the people of Chattanooga. In addition to what he has done for the FOMC, he is currently fighting to lift Chattanooga above the past practices of backroom agreements by pushing for clear rules that the Land Development Office can follow in the Steep Slope and Flood Plain development debate. These rules will protect our trees and streams and those who have existing property nearby. He deserves our continued support!
You will likely see an article about the lawsuit in the Times Free Press soon. We wanted you to know that and the fact that we continue to support our Councilman and his colleagues on the City Council who did the right thing when they passed the rezoning Ordinance.
According to the City Attorney, any responsive pleadings will have to be filed within 30 days of service (therefore, on or before January 17, 2019). He is discussing this matter with outside legal counsel and will communicate with our attorney on this matter if we think he should have any involvement in this matter. We will be fully supportive of the City Attorney and our advocate, Chip Henderson. Please stay tuned; we will communicate with you as things develop.
FOMC wishes a healthful happy 2019 to each of our supporters and appreciate your continued Support!
Friends of Mountain Creek.