The City Council voted Tuesday night against a controversial 225-unit townhome/apartment development at Read's Lake Road near Mountain Creek Road.
The vote was 7-0 with one abstention (Darrin Ledford). Councilman Erskine Oglesby was absent.
Developer James Pratt said the decision means he or the developer he sells to will proceed with putting the maximum number of homes on the former Quarry golf course property.
He said there would be "no park, no champion Post Oak."
The North Chickamauga Creek Conservancy had worked out a deal with Mr. Pratt in exchange for supporting his full development plans that 21 acres next to a planned new Walden's Ridge Park would become a public park. The parcel includes a champion Post Oak tree.
Mr. Pratt also said, with approval of his request, he was willing to consider selling to the city two and a half acres at the former golf course clubhouse and dropping a lawsuit against the city. He said he filed it after the city took away his right to put apartments at the clubhouse.
Mr. Pratt, who met with Friends of Mountain Creek for two hours on Saturday, said the group had trespassed on his property and had "drastically changed" from what they had said earlier. He said, "They simply can't be trusted."
Steve Hunt, a leader in Friends of Mountain Creek, said there were over 5,000 in opposition to the request. He said there are apartments to the south, but he said the section "for miles" to the north is mainly single-family homes.
He said the neighbors would rather see single-family than the townhomes and apartments.
Tim Laramore of the North Chickamauga Creek group said Mr. Pratt had made a number of concessions. He said a no vote would mean there would not be a 21-acre park addition.
Councilman Jerry Mitchell said of the conservancy stance, "My goodness, they are in support of drawing in units in the floodway. This is not my mother's North Chickamauga Creek Conservancy."
Chairman Chip Henderson said it was apparent that Mr. Pratt would not budge from the apartment segment.
He said there was not a land use plan for that area, but he said it would go against good planning to allow the apartments in an R-1 area.
Jim Folkner of the Friends group said, "Pratt never made any concessions to us. We won because the council saw through him. NCCC does not represent us at all. Their agenda and Pratt's is neither community or environmentally based. NCCC is in no way following their mission statement. We documented Pratt's environmental record - something they should have done.
"Pratt says “we can’t be trusted”, does he mean all 5,000 or just a few? As far as people trespassing, when you buy a property people have been using for 50 years as the only large greenspace in the valley you have to expect them to want to enjoy it before he rips it to shreds.
"One of two fishing lakes he wanted to fill is a documented 100-year-old natural lake and not a creation of the golf course as Pratt said. The RPA requested the developer to build a road to connect the large development directly to Morrison Springs Road. He refused."
The request had been to build 33 townhomes in one section and 52 in another along with 140 apartments that developer Pratt said were under powerlines and off to themselves.
Asked if the multiple homes will go in if the project was denied, Mr. Pratt said, "We bought this property to develop it. The property will be developed."
He had asked for a 60-day deferral, saying he wanted to look into making some of the apartments "affordable housing." Chairman Henderson said a delay would not accomplish anything.
In urging denial of the request, Chairman Henderson pointed to concerns about narrow, curvy roads and said, "Please don't risk the safety of our citizens."
Estimates on how many houses could be crammed onto the former golf course ranged from 110-180.