CLARKSVILLE, TN (CLARKSVILLE NOW) – The City Council has approved an ordinance to allow the Street Department director to exempt new sidewalk requirements, but only with the approval of the Transportation, Streets, and Garage Committee.

Also attached to the ordinance is a sidewalk appeal process, where applicants may appeal the provisions of the sidewalk ordinances, and such appeals would be heard by the TSG Committee.

Background from executive session meeting

The ordinance was introduced because an incoming business, CarMax, is trying to develop a site off Highway 374, near the Ashley Furniture Store, according to Councilman Jimmy Brown.

When the ordinance was introduced to the City Council last week, several council members expressed concerns, including Brown, who serves on the TSG Committee. “I understand the point of this coming is a business is trying to get a site plan together, but our ordinance says they have to have a sidewalk on (Highway) 374,” Brown said.

The problem is that while the City requires sidewalks for new developments, the state will not allow sidewalks on that portion of 374, also 101st Airborne Division Parkway.

“The state’s not going to let them, so I do see an issue there. But it’s not just restricted to commercial, this is also attached to residential. So, I can see a point to it but … I think if it actually came to the TSG Committee for the exemption, at least it would give us the input of saying yes or no. The way it’s written, we just get told about it afterwards.”

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City code already allows Street Department waivers

Street Department Director David Smith clarified to the City Council that his position already has the power to waive new sidewalk requirements in some instances. “We’re actually increasing the transparency by bringing it to the committee. I understand it could be for approval, but bringing it to you is more than we’re already presently doing,” Smith said.

According to Sec. 12-124 of City Code, the director of streets can exempt requirements if the following conditions apply:

  • Where physical or topographic constraints would create unsafe sidewalk conditions for pedestrians.
  • In cul-de-sacs, around the radius of the cul-de-sac.
  • If the development fronts on an existing street or if the developing party does not own the land on both sides of the roadway that is proposed for sidewalks.

Brown amendment proposed and approved

At Thursday night’s regular session meeting, Brown introduced an amendment to give exemption authority to the TSG Committee.

“The original ordinance gave the Street Department Director the permission to waive a requirement that we put into place for sidewalks in certain instances,” he said. “This council put this (requirement) in because we want sidewalks in certain places.

“I don’t think it should just fall on the director of the Street Department, so my amendment is for any request to waive the requirement of the sidewalks would come to the TSG Committee for approval.”

The amendment was approved 10-1 with Mayor Joe Pitts voting against. Councilman Carlos Peters was absent.

Suggestion to rewrite sidewalks code

Councilwoman Keri Lovato said while she voted for the amendment, she’s voting against the proposed ordinance. “I feel like this is the easy button for consistency, transparency, and in full fairness, we should just rewrite the code,” she said.

“If there is a consistent issue where a waiver is needed, then for fairness, let’s just rewrite the code. I don’t understand why that’s not the path that we are taking. … In general I don’t think any sidewalks should be waived, so I’ll be voting no on this.”

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Councilman Brian Zacharias said he agreed with Lovato’s perspective. “I voted for the amendment because if an exception is going to be made, it should be made at least by at least a portion of the people who passed the ordinance in the first place,” he said.

“But our walkability score in Clarksville is an 18/100. That means unless you own a vehicle, it is very difficult, if not impossible, to do the things that you need to do to live in the city. I am not in favor of anything that’s going to potentially make it less safe for somebody that needs to move around Clarksville and do their business. That includes sidewalks.”

Sidewalk requirement, effect on affordability

Councilwoman Stacey Streetman said she’d be voting in favor of the amended ordinance. “I think without a doubt sidewalks are important for us to have. And when you’re talking about a brand-new development, new roads, everything with that; yes, we have to have those sidewalks,” Streetman said.

“But when you’re talking about infill and building one to three homes on a road where there are no sidewalks … you are building a sidewalk to nowhere with the requirement as it’s currently stated.” Streetman said she knows that sidewalk requirements affect affordability on homes and used an example of a Habitat of Humanity project.

“Habitat for Humanity brought forward a plan where they are building one house. The rule required sidewalks had to go there,” she said. “So, it does affect that affordability, and I know prices are continuing to rise. I think there are occasions where that sidewalk could be waived. But I like it better with this amendment in place where it is the committee looking at it.”

Councilwoman Wanda Smith said people walk everywhere nowadays, so she believes no exemptions should be handed out for sidewalk requirements, including on State Route 374. She suggested collaborating with the state to see if sidewalks can somehow be implemented on the state route.

Ordinance approved 7-5

The amended ordinance was approved 7-5 with council members Tim Chandler, Travis Holleman, Jerry Haywood, Brown, Streetman, Joe Shakeenab and Pitts voting in favor. Voting against were Zacharias, Eric Claunch, Ambar Marquis, Smith and Lovato.

Clarksville Now has reached out to the City of Clarksville for additional information.

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