Attorney Elliott Says City Council Action On Mountain Creek Zoning Case "Highly Irregular And Highly Illegal"

Tuesday, April 24, 2018

The City Council on Tuesday night took action on a Mountain Creek zoning case, though attorney Sam Elliott said it was "highly irregular and highly illegal."

The council voted 7-2 to instruct the city attorney to file a new zoning case on a section of the former Quarry golf course against the wishes of the owner of the property and the developer who plans to buy it.

Attorney Elliott said, "You have to make the zoning conditions at the time of the rezoning, not 17 years later."

Councilman Chip Henderson said he was taking the highly unusual action "after a great deal of agony, thought and reasoning."

He said he was acting in behalf of some 700 nearby residents who don't want apartments in their neighborhood of single-family homes.

It was noted that the property at the former golf course clubhouse on Read's Lake Road was earlier zoned C-1, then was changed by the city during a cleanup of hundreds of other C-1 and C-6 zones to C-2. However, C-2 allows apartments and C-1 did not.

Residents, including Rick Thompson, who lives across the street, said they did not get notice of the wholesale changes to C-2 17 years ago.

Councilman Henderson said he wanted to take the zoning back to what it was before the city action - when it allowed a restaurant with a bar and office use, but not apartments.

Owner Scott Norman and developer James Pratt, who has an option on the land, had attorneys to speak in opposition.

Attorney Tom Hazlett said the move was "a pretty extraordinary over-reach by the council."

He said, "Are you going to selectively target other property owners, who will have to hire lawyers to come up here and argue against it?"

Steve Hunt, speaking for the residents who more than packed the council chambers, said neighbors are "100 percent against rental homes in our neighborhood."

He said he was able to gain 400 names on a petition over one weekend and now has more than 700.

Mr. Hunt said, "There are 13 apartment complexes along Mountain Creek Road. Enough is enough."

Council members Darrin Ledford and Carol Berz abstained.

Councilman Ledford read a statement in which he said the action would set a precedent and possibly lead to hundreds of similar requests.

He noted that developer Pratt had withdrawn his proposal for a Planned Unit Development at the site, and "there are no plans in place right now."

Councilman Ledford said the two sides seem to be working cordially together and he is hopeful they will reach a resolution.

Councilman Jerry Mitchell said, "When mistakes are made, when does the council have an opportunity to correct a mistake?"

Councilman Russell Gilbert said the fact there was apparently no notice to the neighbors about the move to R-2 "is not fair to the neighborhood."

 

 

 


SRO Struck By Vehicle At Crossville Has Over 200 Stitches To Repair Head Injury

Police Say Man Pursued Women From East Ridge To North Chattanooga; Ran Into Them Head-On

Normal Park Teacher Bethany Schklar Remains In Intensive Care After Car Wreck


A School Resource Officer in Crossville who was struck by a vehicle on Tuesday afternoon sustained injuries to his head requiring well over 200 stitches, authorities said. He also had a cracked ... (click for more)

Police said a woman pursued two women from East Ridge to North Chattanooga, almost causing multiple wrecks, then ran into them head-on. Kedrick Zamar Varnell, 26, is facing multiple charges. ... (click for more)

A Gofundme page has been set up for a fourth grade Normal Park School teacher after she was in a car wreck. Bethany Schklar remains in Intensive Care. The two-vehicle accident was ... (click for more)


Breaking News

SRO Struck By Vehicle At Crossville Has Over 200 Stitches To Repair Head Injury

A School Resource Officer in Crossville who was struck by a vehicle on Tuesday afternoon sustained injuries to his head requiring well over 200 stitches, authorities said. He also had a cracked sternum and damage to his knee. However, authorities said Deputy Sheriff Scott Iles, SRO at North Cumberland Elementary School in Crossville, is expected to make a full recovery. ... (click for more)

Police Say Man Pursued Women From East Ridge To North Chattanooga; Ran Into Them Head-On

Police said a woman pursued two women from East Ridge to North Chattanooga, almost causing multiple wrecks, then ran into them head-on. Kedrick Zamar Varnell, 26, is facing multiple charges. They include two counts of aggravated kidnapping, two counts of aggravated assault and leaving the scene of an accident. In the incident last Thursday, the girlfriend of Varnell said she ... (click for more)

Opinion

Fake News Strikes Again And Again - Response

Two major stories exploded across the headlines this past week which confirm my opinion that the mainstream media (MSM) is biased, incompetent, and can seldom be trusted to impart the news fairly and accurately. The first instance was the BuzzFeed story regarding Michael Cohen and how he allegedly lied on President Trump's behalf to Congress. Virtually all of the big media outlets ... (click for more)

Roy Exum: Walmart vs 535 Morons

There is an anonymous paper on the Internet that tells how Walmart could do a better job running America instead of the pompous flops and duds we send to Washington. Please try to connect the dots on Walmart’s 1.6 million employees and the obscene profits that they make versus our 535 members of Congress who blow through money while “WallyWorld” churns out an average of $20-thousand ... (click for more)

Sports

CCS Beats Boyd-Buchanan With Houge Hurt

Chattanooga Christian coach Eddie Salter knew that his Chargers would be in for a battle when they went to Boyd-Buchanan Tuesday night for a key region basketball game. The challenge got even bigger when CCS big man Michael Houge went down in the first minute of the second quarter with an ankle injury and didn't return. The Chargers missed their big man after he had scored ... (click for more)

Hixson’s Crowe Honors Brother Through Basketball

This wasn’t the way Hixson’s Christian Crowe envisioned his senior year unfolding, especially on the heels of a career-best performance last week. But Crowe has learned how to process disappointment and heartbreak, something he and his family have cultivated over the past seven years. Along their difficult journey, though, they have also come to understand how gratitude and thankfulness ... (click for more)