Planning Commission To Consider New Mixed Use Zone On Jan. 9

Developer Ken DeFoor To Debut It At Main Street Village

Sunday, December 25, 2005

The city-county Planning Commission will consider a new Mixed Use Zone at its Jan. 9 meeting.

Officials said the purpose of the new zone "is to allow medium intensity mixed-use suburban development that is compact, diverse, walkable, and urban in character and form. It encourages a market-driven alternative to conventional suburban development for sites that are neither appropriate for retail-only or residential-only use.

"The Mixed Use Zone introduces a focus on the form of development rather than just the uses. This makes it possible to create special destinations with a “sense of place.”

The zone will include a combination of commercial and residential. Buildings are not to exceed five stories high or more than a footprint of 25,000 square feet.

There will be an emphasis on landscaping and greenspace and shared parking.

Developer Ken DeFoor is set to debut the Mixed Use Development at his planned Main Street Village near Hamilton Place Mall. It is located across Shallowford Road from the mall by I-75 at a former residential site long eyed by developers.

The DeFoor project will include hotels, restaurants, offices and residential.

He has several zoning cases Jan. 9 dealing with various aspects of Main Street Village.

Here is the proposed Mixed Use Zone:

A RESOLUTION TO AMEND THE ZONING ORDINANCE
OF THE CITY OF CHATTANOOGA, TENNESSEE
TO ESTABLISH A NEW MIXED USE ZONE (MXU) WITHIN
THE CITY OF CHATTANOOGA ZONING REGULATIONS


WHEREAS, the Regional Planning Agency staff has determined a need to dedicate a Mixed Use Zone as a separate zone independent from the current R-4 Special Zone which incorporates a mixed use overlay zone, and

WHEREAS, this separation will clarify the location of the mixed use zone within the zoning ordinance and aid in the recording of such zone on the zoning maps.

NOW THEREFORE, BE IT RESOLVED that on January 9, 2006, the Chattanooga-Hamilton County Regional Planning Commission does respectfully recommend to the Chattanooga City Council that the City of Chattanooga Zoning Ordinance be amended as follows:

That Article V, Section 400 R-4 Special Zone, be amended to delete the following subsection in its entirety:

406. Mixed Use Overlay Zone (MXU-OZ)

And create a new zoning designation in Article V as follows:

406. Mixed Use Zone (MXU)

1) INTENT
The purpose of this zone is to allow medium intensity mixed-use suburban development that is compact, diverse, walkable, and urban in character and form. It encourages a market-driven alternative to conventional suburban development for sites that are neither appropriate for retail-only or residential-only use. The Mixed Use Zone introduces a focus on the form of development rather than just the uses. This makes it possible to create special destinations with a “sense of place”.

2) LOCATION
A)The MXU shall be located so that its primary access is via a minor arterial or greater as defined by the Functional Classification of Streets and Roads in the City of Chattanooga Zoning Regulations.
B)The MXU shall be located primarily in suburban or urbanized rural areas served by sewers.
C)The MXU shall not to be used within the urban zone as described in Article III, Section 105 of the Chattanooga Zoning Regulations.

3) AREA REQUIREMENTS
Minimum Land Area: The minimum development site size for a MXU shall be 10 acres.
Maximum Land Area: There shall be no maximum development site size for a MXU.
Minimum Lot Size: The minimum lot size within the MXU shall be 2,500 square feet.
Maximum Building Footprint: The maximum building footprint within the MXU shall be 25,000 square feet.

4) GENERAL FUNCTION (permitted uses)
Residential: A residential component shall be required in the MXU (see Section 5 for specific requirements). The residential component may include, but is not limited to single-unit dwellings, duplexes, townhouses, condominiums, apartments. The number of dwelling units on each lot shall be limited by the minimum parking space requirements.
Office: Office Building. The building area available for office use on each lot shall be limited by the minimum parking space requirements.
Limited Retail: Restaurants, Retail Buildings. The building area available for retail use shall be limited by the minimum parking space requirements. Retail shall be further limited to 35% of the total land area of the MXU site. Retail uses shall be sited away from existing off-site adjacent residential-zoned properties.
Limited Lodging: Hotels, Motels, Inns. Lodging shall only be permitted if it is determined to be compatible with existing surrounding uses as part of the review process. The number of guest rooms available on each lot shall be limited by the minimum parking space requirements. Lodging shall be further limited to 50% of the total land area of the MXU site. The combined total land area of lodging and retail shall not exceed 50% of the total land area of the MXU site.
Civic Spaces: Schools, Religious Facilities, Public Pavilions, Greens, Squares, Plazas, Parks, Playgrounds. A minimum of 10% of the total land area of the MXU site shall be used for one or more of the public civic spaces as described in Section 6.
Mixed Use Buildings: Retail, Office, and Residential uses may be included with the same structure.
Prohibited Uses: Manufacturing Facilities, Warehouses and Mini-Warehouses, Adult-Oriented Establishments, Vehicle Sales or Vehicle Repair Facilities, Fuel Service Stations, Convenience Markets, Outdoor Commercial Storage, Outdoor Display or Sales. Signage- Signs not relating to identification of or direction to premises and occupants, or to products sold or services rendered on the premises are prohibited

5) RESIDENTIAL
Required: A residential component shall be required in the MXU site. The residential component may include, but is not limited to single-unit dwellings, duplexes, townhouses, condominiums, apartments.
Density: The residential density shall be a minimum of 0.75 units per acre.
Unit Size: The residential unit size shall be a minimum of 1,200 square feet. Furthermore, every 1,200 square feet of residential square footage shall be considered as one (1) unit. For example, a 2,400 square foot dwelling would be considered as two units.
Placement: Not less than 50% of the residential units shall be located above non-residential uses within the same structure. A different placement and percentage may be permitted or required as part of the review process.

6) CIVIC SPACES
A minimum of 10% of the total land area of the MXU site shall be used for one or more of the following public civic space types:
Green: An open space, available for unstructured recreation. It shall be centrally located so as to function as an easily accessible public open space. A green is spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. It may also include a public pavilion. Easements for greenways and multi-use paths shall be credited toward the 10% civic space requirement. Parking landscape islands are not given civic space credit.
Square: An open space available for unstructured recreation and civic purposes. A square is spatially defined by building frontages. Its landscape shall consist of paths, lawns, fountains, and trees, formally disposed. It may also include a public pavilion. Squares shall be located at the intersection of important thoroughfares.
Plaza: An open space, available for civic purposes and commercial activities. A plaza shall be spatially defined by building frontages. Its landscape shall consist primarily of pavement. It may also include a public pavilion. Trees are optional. Plazas shall be located at the intersection of important streets.
Playground: An open space designed and equipped for the recreation of children. A playground shall be fenced and may include an open shelter or public pavilion. Playgrounds may be included within parks and greens. There shall be no minimum or maximum size.
Walkways: Walkways with a minimum width of 5 feet are required that connects the civic spaces with a public right-of-way or other public access point if the civic space cannot be accessed from the required sidewalks.

7) ENVIRONMENTAL REQUIREMENTS
The alteration of the natural environment shall be subject to local, state, and federal guidelines.
Riparian: The riparian corridors of blue-line streams, as indicated on United States Geologic Survey (USGS) Quadrangle Maps, shall be a minimum of 15 feet in width on each side of the stream. The riparian corridors shall be maintained free of structures, except that thoroughfare crossings may be allowed. Streams may be moved only if approved by the Tennessee Department of Environment and Conservation.
Storm Water: Regional storm water detention facilities may be utilized if approved by the Chattanooga Storm Water Division of Public Works. There shall be no retention or detention required on individual lots. Storm water retention and detention ponds and facilities may be placed within a “green” civic space and shall be credited toward the 10% civic space requirement of the MXU if they are natural or constructed as Bioretention Cells, Grass Swales, or Filter Strips (see definition section) and approved by the City of Chattanooga Storm Water division of Public Works.
Trees: The MXU site shall provide a minimum of 15% tree canopy coverage with either existing or planted trees calculated as a percentage of the total land area (including streets, buildings, etc.) of the MXU site. Planted tree canopy coverage is determined by an estimate of the tree's coverage at maturity. Trees necessary to meet the MXU landscape requirements can be credited toward meeting the required 15% tree canopy requirement.

8) PARKING STANDARDS
Minimum Requirements: The standards for off-street parking and loading space requirements as described by the City of Chattanooga Zoning Ordinance, Article V, shall apply to the MXU.
Reduced Parking: The minimum parking space requirements for non-residential uses may be reduced by as much as 40% if approved by the City of Chattanooga Traffic Engineer.
Shared Parking: Parking may be shared between differing uses if a suitable arrangement is approved by the City of Chattanooga Traffic Engineer.

9) PUBLIC FRONTAGES
The public frontage is the space between the edge of the right-of-way and the edge of the curb. It usually includes walkways, landscaping and lighting. This space shall be a minimum of 12 feet from edge of the curb to the edge of the right-of-way.
Sidewalks: Sidewalks with a minimum width of 6 feet are required within the public right-of-ways. New sidewalks shall connect to any existing sidewalks.
Trees: Trees shall be planted within the public right-of-way between the sidewalk and the curb either in a grass strip or in individual tree wells combined with pervious concrete or pavers with a minimum width of 2 feet. The minimum planting ratio is 1 tree per 35 linear feet of right-of-way frontage. The minimum spacing between trees shall be 15 feet measured trunk to trunk. The maximum spacing is 50 feet. This provision shall replace any street yard as required by the Chattanooga Landscape Ordinance unless otherwise specified. This provision only applies to new sidewalks constructed as part of the development unless permission is obtained from the proper authority to include trees within the right-of-way of an existing sidewalk.
Bicycles: a Class II on-street bike lane or Class III on-street bike route shall be constructed on any street if deemed necessary by the Regional Planning Agency staff for the uninterrupted continuation of an existing or planned bike facility of the same type as identified by the Chattanooga-Hamilton County Bicycle Master Plan.

10) PRIVATE FRONTAGES
The private frontage is the space between the edge of the right-of-way and the principal building.
Walkways: A pedestrian connection shall be provided to existing or planned sidewalks within a public right-of-way from buildings with a front set back 25 feet or more.
Trees: Trees shall be planted in a street yard, when feasible, as per the Landscape Ordinance if it is sufficiently demonstrated to the City Landscape Coordinator that trees cannot be planted within an existing or new public right-of-way between the sidewalk and travel lane. See Landscape Ordinance for applicability.

The following items are provided as useful information. They may be used but are not requirements.
Porch & Fence: a frontage wherein the façade is set back from the frontage line with an attached porch permitted to encroaching. A fence at the frontage line maintains the demarcation of the yard. The porches are usually no less than 8 feet deep.
Terrace or Light Court: a frontage wherein the façade is set back from the frontage line by an elevated terrace or a sunken light court. This type buffers residential use from the urban sidewalks and removes the private yard from public encroachment. The terrace is suitable for conversion to outdoor cafes.
Forecourt: a frontage wherein a portion of the façade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhand the sidewalks.
Stoop: a frontage wherein the façade is aligned close to the frontage line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually and exterior stair and landing. This type is recommended for ground-floor residential use.
Shopfront and Awning: a frontage wherein the façade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has a substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible.
Gallery: a frontage wherein the façade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use. The gallery should be no less that 10 feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb.
Arcade: a frontage wherein the façade is a colonnade that overlaps the sidewalk, while the façade at sidewalk level remains at the frontage line. This type is conventional for retail use. The arcade should be no less than 12 feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb.

11) VEHICULAR LANES
Public Streets - All public streets shall be constructed in accordance with plans and specifications furnished by the City Traffic Engineer on a dedicated right-of-way having a minimum width of 40 feet.

Projected design speeds can determine the dimensions of the vehicular lanes and turning radii assembled to create thoroughfares. Special requirements for truck and transit bus routes and truck loading shall be determined. The following items in the table below are provided as useful information. They may be used with approval from the City of Chattanooga Traffic Engineer, but are not requirements.

DESIGN SPEED
TRAVEL LANE WIDTH
20-25 mph
9 feet
25-35 mph
10-11 feet
Above 35 mph
12 feet

DESIGN SPEED
PARKING LANE WIDTH
20-25 mph
(Angle) 18 feet
20-25 mph
(Parallel) 7 feet
25-35 mph
(Parallel) 8 feet
Above 35 mph
(Parallel) 9 feet

DESIGN SPEED
EFFECTIVE TURNING RADIUS
Below 20 mph
5-10 feet
20-25 mph
10-15 feet
25-35 mph
15-20 feet
Above 35 mph
20-30 feet


12) BUILDING SETBACK
Building setback is measured from the property line.
Front: No minimum, 25 feet maximum. However, if the building setback is 25 feet or greater, the frontage line shall be defined with trees spaced no farther than 20 feet apart or a low fence or wall with a minimum height of 36 inches. Chain link fencing is not permitted along the frontage line. This provision shall supercede any street yard as required by the Chattanooga Landscape Ordinance.
Side: No minimum, except as determined necessary by Fire Code and Building Inspection Official.
Rear: No minimum, except as determined necessary by Fire Code and Building Inspection Official.
Perimeter: The perimeter setback shall be no less than 25 feet, except that a lesser setback is approved by the Building Inspection Official.
Attached Buildings: For attached fee-simple buildings there shall be no interior side yard requirement. Such buildings must meet all building code requirements for zero-lot line construction.

13) BUILDING HEIGHT
Maximum: 5 stories or 70 feet, including parapets. A building may exceed these requirements provided that the façade shall be set back a minimum of 10 feet for every grouping of 1 to 5 stories above the first 5 stories; or for every foot of additional height over 70 feet, the building shall be set back 1 additional foot from the front property line.
Minimum: 2 stories or 20 feet, including parapets.

14) LANDSCAPING REQUIREMENTS
A)Perimeter Boundary
1.The requirements of the Chattanooga Landscape Ordinance shall apply to the perimeter boundary and used to determine the type of screening and width of landscape yard.
2.Evergreen trees shall be planted within the perimeter boundary for screening adjacent to residential-zoned lot lines and spaced a maximum of eight (8) feet on-center. This is in addition to any shade trees as required by the Chattanooga Landscape Ordinance.
3.All plantings shall meet the installation and planting size requirements specified in the Plant Installation Specifications section of the Chattanooga Landscape Ordinance.
4.A sight-obscuring screen, excluding chain link, with a row of bushes facing off-site and spaced six (6) feet on center may be permitted in lieu of a landscape-only screen if agreed to by adjacent property owners and approved by the Chattanooga Landscape Coordinator.
B)Parking Areas: The parking lot requirements of the Chattanooga Landscape Ordinance shall apply to the MXU parking areas.
C)Loading and Service Areas: Loading and service areas adjacent to the periphery boundary shall be screened with evergreen planting that will obtain a minimum height of eight (8) feet within a one (1) year period.

15) GENERAL
A)Underground Utilities: Utility transmission lines within the development shall be placed underground.
B)Signage: Signs not relating to identification of or direction to premises and occupants, or to products sold or services rendered on the premises are prohibited.
C)Lighting: Lighting shall be at an appropriate height, appropriate lumens, and directed away from any residential structure within or adjacent to the MXU site so as not to be intrusive or disruptive.
D)Dumpsters: Dumpsters shall be located away from residential areas and shall limit the hours of pickup service from 8 a.m. to 6 p.m.
E)A bond, the amount to be determined by the City Engineer, may be required of the applicant to ensure the construction of all planned site improvements.

16) DEVELOPMENT PLAN
A)A development plan shall be prepared by a licensed architect, landscape architect, or civil engineer.
B)A vicinity map showing the location, existing zoning, and location of the perimeter boundaries of the land areas included in the application shall accompany the development plan.
C)The development plan shall be drawn at a minimum scale of one inch equals fifty feet and shall graphically show the following:
1. Existing surrounding development and land uses.
2.Boundaries, dimensions, square footage, densities and locations of proposed buildings, parking areas and other improvements and facilities to be constructed within the development along with such other pertinent information.
3.Proposed Uses: Each land use category (Open Residential, Limited Lodging, Open Office, Limited Retail, Civic Space) along with the percentage amount of the MXU site that each category covers.
4.Location of street trees, landscaped buffers and other known tree areas with percentage of mature tree canopy coverage.
5.Existing and proposed streets, thoroughfares, access drives, service drives, parking arrangements, pedestrian walks, cycle paths, intersections, safety areas.
6.Retention ponds, detention ponds, and other storm water drainage facilities.
7.Key environmental features such as topography, wetland, drainage pattern, any 100-year flood levels, streams and vegetation.
D)Protective Covenants: All development plans shall include protective covenants for the planned development. These covenants shall indicate the use and design of structures in the planned complex as well as establishing measures to protect occupants of the development from incompatible uses and structures and be recorded as part of the MXU.
E)The requirements of the MXU development plan shall apply to the development site and shall not be nullified by transfer of land ownership.
F)A traffic study may be required by the City Traffic Engineer. If necessary, it shall be submitted with the MXU Development Plan.

17) PROCESS
A) The applicant and/or developer shall schedule and attend a meeting with the Planning Agency to review the site plan before submitting the plan for approval.
B)A Mixed Use Zone Application and complete Development Plan shall be submitted at time of application to the Chattanooga-Hamilton County Regional Planning Agency for its review and recommendations to the Planning Commission and Chattanooga City Council.
C)The Mixed Use Zone shall be approved subject to approval of the Mixed Use Zone Development Plan.
D)The Mixed Use Zone Development Plan becomes a legal enforceable document after it is approved by the City Council.
E)No Mixed Use Zone Development Plan shall be approved by the City Council unless it is first submitted to the Regional Planning Agency and the Planning Commission.
F)Upon the recommendation for approval, approval with conditions, or disapproval by the Planning Commission, the Mixed Use Zone Development Plan shall be submitted to the Council for consideration, public hearing and action. The recommendation of the Planning Commission shall be accompanied by a report stating the reasons for the approval or disapproval of the Mixed Use Zone Development Plan, with specific reference to, but not limited to, the following conditions:
(1) The property adjacent to the area included in the plan will not be adversely affected;
(2) The plan is consistent with the intent and purpose of this Ordinance to promote public health, safety, morals, and general welfare.
(3) There is a need for such development in the proposed location.
(4) There is a reasonable assurance that development will proceed according to the approved development plans.
G)The resolution by the City Council approving the Mixed Use Zone Application shall have attached thereto, as an exhibit, the official Mixed Use Zone Development Plan.
H)Approval of the Mixed Use Zone shall be conditioned to the approved Mixed Use Zone Development Plan.
I)After notice and publication as provided in Article XI, Section 101, the City Council shall hold a public hearing to review the Mixed Use Zone Application & Development Plan and take legislative action.
J)The Council, by Resolution, may approve or approve with conditions, the Mixed Use Zone Development Plan. A copy of the Final Mixed Use Zone Development Plan drawing together with any conditions not shown on the drawing shall be attached to the resolution as exhibits.
K)If the Mixed Use Zone is revoked, or expires, the Director of Codes Administration shall have the responsibility for notifying the staff of the Planning Commission. The Building Official may thereafter upon proper application issue building permits for construction upon said land area consistent with the then prevailing or existing zoning on such land.
L)In addition to the development plan, the Planning Commission may require such other additional information as may be determined necessary to adequately review the proposed development.
M)Any desire to change the Mixed Use Zone boundary line as shown on an approved Mixed Use Zone Development Plan shall be considered a "major change" to the site plan and shall require submittal of a new Mixed Use Zone Application and Development Plan.
N)All other changes shall be considered "minor" and may be approved by the Chattanooga-Hamilton County Regional Planning Agency staff.
O)A community or neighborhood public meeting organized by the applicant for the purpose of informing residents and property owners near the project site about the proposed development is encouraged.
P)All traffic and road improvements as required by the City Traffic Engineer shall be complete before a certificate of occupancy is issued for the non-residential use structures.

18) DEFINITIONS:
A)Bioretention Cells, Grass Swales, and Filter Strips
A bioretention cell is a multi-functional landscaped depression that uses plants and layers of soil, sand, and mulch to control runoff volume and timing, reduce the temperature of and remove pollutants from storm water before it enters local waterways. Bioretention cells can be incorporated into open space, roadway swales, and parking areas.

Components of a Typical Bioretention Cell (Source: Low-Impact Development Center)

Grass buffer strips – reduce runoff velocity and filter particulate matter.
Gravel/sand bed – provides aeration and drainage of planting soil and assists in the flushing of pollutants from soil materials.
Ponding area – provides storage of excess runoff and facilitates the settling of particulates.
Organic layer – filters pollutants and prevents soil erosion
Planting soil – provides area for storm water storage and nutrient uptake by plants.
Vegetation – removes water through evapotranspiration and pollutants through nutrient cycling.
B)Class II On-Street Bike Lane: Class II facilities include bicycle lanes and shouldered bikeways. A bicycle lane is a portion of the roadway separated from conventional travel lanes with a stripe, and designated for exclusive or preferential use by bicyclists. They are one-way facilities placed on both sides of a street in order to carry bicyclists in the same direction as motor vehicle traffic.
C)Class III On-Street Bike Route: Class III facilities include bicycle routes. On a bike route, bicyclists and motorists share the same travel lanes. Motorists will typically have to move into the adjacent lane in order to safely pass a bicyclist.
D)Filter Strip: A narrow band of vegetation used to filter storm water runoff either before it enters a storm water management device or another body of water. Filter strips can be incorporated into parking lots or along the edge of other paved surfaces and are most effective when used in combination with other storm water management techniques.
E)Grass Swales: Can be used as an alternative to curb and gutter systems and can often be effectively combined with bioretention cells.
F)Greenway: Simply stated, a greenway is a corridor of protected open space managed for conservation, recreation and non-motorized transportation. Greenways are corridors of land recognized for their ability to connect people and places together. These ribbons of open space are located within linear corridors that are either natural, such as rivers and streams, or manmade, such as abandoned railroad beds and utility corridors. Greenways as vegetated buffers protect natural habitats, improve water quality and reduce the impacts of flooding in floodplain areas. Most greenways contain trails, which enhance existing recreational opportunities, provide routes for alternative transportation, and improve the overall quality of life in an area.
G)Land Area: Ground surface necessary for buildings, required parking, service drives and landscaped areas.
H)Multi-Use Path: The constructed path within a greenway. They do not allow motor vehicle traffic, but they do permit a range of non-motorized travel including bicycling, walking, running and in-line skating.
I)Pervious Surface: A surface that permits full or partial absorption of water into the ground.
J)Tree Canopy: The effective radial circumference area of a mature tree's vegetative cover, including all branches and leaves. The canopy can be conveyed in values of percentage area of total land space being assessed or by numerical measurement.

Respectfully submitted,


Barry M. Bennett, Secretary

Date of Adoption: January 9, 2006

BMB:JP:GH:PD:jd


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