The city-county Planning Commission will meet Monday, May 9, at 1 p.m. at the County Courthouse to hear a number of zoning cases.
Here is the agenda and staff recommendations:
CHATTANOOGA-HAMILTON COUNTY REGIONAL PLANNING AGENCY
MAY 9, 2005
AGENDA
I. Chairman – Opening Comments and Announcements
II. Old Business
1. 2005-048 – DeFoor Brothers Development, LLC – 2400 Block of Elam Lane – City of Chattanooga – From R-1 Residential Zone to R-4 Special Zone
2. 2005-053 – Ken DeFoor (DeFoor Brothers, LLC) – 2300 Block of Napier Drive – City of Chattanooga – From R-4 Special Zone to C-2 Convenience Commercial Zone
3. 2005-055 – Orville Payne – 360 & 364 Brown’s Ferry Road – City of Chattanooga – From R-2 Residential Zone to R-3 Residential Zone
4. 2005-056 – Harry Hulsey – A portion of an unnamed alley running along the rear line of and parallel to properties located on the west line of the 6000 Block of Ooltewah-Georgetown Road – City of Chattanooga – Mandatory Referral: Abandonment
III. Public Hearing and Action – Rezonings, Closures, Abandonments and Special Permits (Final action for Special Permits is by the Planning Commission unless appealed to the County Commission)
1. 2005-058 – Sandra K. Miller – 217 Tremont Street – City of Chattanooga – From R-3 Residential Zone to C-5 Neighborhood Commercial Zone
2. 2005-059 – Arthur K. Poe – 11986 Apison Pike – Hamilton County – From A-1 Agricultural District to R-2 Urban Residential District
3. 2005-060 – T. Gene Edwards, Inc. – an unopened alley located north of the 1300 Block of Appling Street – Mandatory Referral: Abandonment
4. 2005-061 – Ralph C. Kennedy – 317 Michelle Drive – City of East Ridge – From R-1 Residential District to R-3 Residential Apartment District
5. 2005-063 – Don Walker – 513 & 515 Airport Road – City of Chattanooga – From O-1 Office Zone to M-2 Light Industrial Zone
6. 2005-064 – Thomas B. & Janis A. Wilkey – Part of the unopened, 400 Block of Noll (Old Union) Street – City of Chattanooga – Mandatory Referral: Abandonment
7. 2005-065 – Dale M. & Connie C. Smith – The eastern half of the unopened 3600 Block of Walthall Avenue – City of Chattanooga – Mandatory Referral: Abandonment
8. 2005-066 – Tamela Douglas – 14828 Dayton Pike – Hamilton County – From R-2A Rural Residential District & A-1 Agricultural District to C-2 Local Business Commercial District
9. 2005-067 – Hamilton County Partners II, L.P. – 200 East 37th Street – City of Chattanooga – From R-2 Residential Zone & M-1 Manufacturing Zone to R-3 Residential Zone
10. 2005-068 - Joseph Chaudhari, LLC – 3420 Wilcox Boulevard – City of Chattanooga – From C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial Zone
11. 2005-069 – Lyle Finley Trust – 4413 Oakwood Drive along with part of 4411 and 4416 Oakwood Drive – City of Chattanooga – From R-4 Special Zone & C-2 Convenience Commercial Zone to M-3 Warehouse and Wholesale Zone
12. 2005-070 – Mike Blanchard, River Street Architecture – 950 Siskin Drive – City of Chattanooga – From C-2 Convenience Commercial Zone & M-1 Manufacturing Zone to R-4 Special Zone
13. 2005-071 – Bradley Alan Green – 3000 Retro Hughes Road – Hamilton County – Special Permit: Single Wide Manufactured Home
14. 2005-072 – The RLS Group, LLC – Metropolitan Management – 9258 & 9266 Dallas Hollow Road – Hamilton County – From A-1 Agricultural District to RT-1 Residential Townhouse District
15. 2005-073 – Julian B. Bell – 749 Nature Trail (part) – Hamilton County – From R-1 Single-Family Residential District to RT-1 Residential Townhouse District
16. 2005-074 – Julian B. Bell – 7329 Salmon Road – Hamilton County – From A-1 Agricultural District to R-1 Single-Family Residential District
17. 2005-075 – C. L. Gilbert, Jr. – A portion of the 7500 Block of Plymouth Lane – City of Chattanooga – Mandatory Referral: Abandonment
18. 2005-076 – C. L. Gilbert, Jr. – 7500 Block of Hewitt Lane – City of Chattanooga – Mandatory Referral: Abandonment
19. 2005-077 – Michael A. Dowlen – 5506 Cassandra Smith Road – City of Chattanooga – Special Exceptions Permit for a Residential PUD
20. 2005-082 – Michael A. Dowlen – 5506 Cassandra Smith Road – City of Chattanooga – From R-5 Residential Zone to R-1 Residential Zone
21. 2005-078 – Driver Properties, LLC – 3405 Betty Lane – City of East Ridge – From R-2 Residential Duplex District to R-3 Residential Apartment District
WITHDRAWN 22. 2005-079 – Vijay Chaudhari – 7331 & 7333 Shallowford Road – City of Chattanooga – From O-1 Office Zone & R-4 Special Zone to C-2 Convenience Commercial Zone
23. 2005-080 – Greg Vital & Michael Mallen – 3601 Mercer Street – City of Chattanooga – Special Exceptions Permit for a Residential PUD
IV. New Business
1. MR-2005-004 – City of Chattanooga, c/o Harvey Webb – 501 West Martin Luther King Boulevard – City of Chattanooga – Mandatory Referral to have property declared “Surplus”
2. MR-2005-005 – City of Chattanooga, c/o Harvey Webb – 730 Chestnut Street – City of Chattanooga – Mandatory Referral for the “Acquisition” of property
3. MR-2005-006 – City of Chattanooga, c/o Harvey Webb – 220 & 225 Cameron Hill Circle – City of Chattanooga – Mandatory Referral to have property declared “Surplus”
4. A resolution to amend the Zoning Ordinance of the City of Chattanooga, Tennessee by amending Article V, Section 400, R-4 Special Zone to add regulations entitled “Mixed Use Overlay Zone (MXU-OZ)” for the purpose of creating mixed use suburban development
5. A resolution to amend the Chattanooga Subdivision Regulations to permit the Planning Commission or City Engineer to require street connections or additional entrances to any subdivision
6. A resolution to amend the Hamilton County Subdivision Regulations to permit the Planning Commission or County Engineer to require street connections or additional entrances to any subdivision
7. A resolution to amend the Hamilton County Subdivision Regulations to establish a procedure for variances to permit residential lots of less than 5 acres on private roads
V. Public Hearing and Action – Subdivision Plats
VI. Approval of Minutes of April 11, 2005
VII. Staff Reports
VIII. Adjourn
Staff Recommendations:
APPLICATION NO: 2005-048 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: DeFoor Brothers Development, LLC
DATE OF PLANNING COMMISSION MEETING: April 11, 2005 (Deferred)
May 9, 2005 (Action Taken)
LOCATION: 2400 Block of Elam Lane
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: R-4 Special Zone
PROPOSED DEVELOPMENT: Office
SIZE OF TRACT: 8 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant & Residences
SURROUNDING DEVELOPMENT: Residential and Offices
EXTENSION OF EXISTING ZONE: Yes
IN ACCORDANCE WITH LAND USE PLAN: Yes
STAFF RECOMMENDATION: Approve, subject to approval of traffic circulation by the City Traffic Engineer for the overall site plan.
REASONS FOR RECOMMENDATION:
This area will be incorporated into the overall development which was rezoned in previous cases along Napier Drive and Timberlane Trail.
Comments from Public Works:
Upgrade Elam Lane to meet City of Chattanooga’s standard roadway and right-of-way widths; including upgrades of existing base and pavement, and overall roadway section.
APPLICATION NO: 2005-053 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: Ken DeFoor (DeFoor Brothers, LLC)
DATE OF PLANNING COMMISSION MEETING: April 11, 2005 (Deferred)
May 9, 2005 (Action Taken)
LOCATION: 2300 Block of Napier Drive
PRESENT ZONING: R-4 Special Zone
REQUEST FOR: C-2 Convenience Commercial Zone
PROPOSED DEVELOPMENT: Retail Development
SIZE OF TRACT: 7.4 + Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residential
SURROUNDING DEVELOPMENT: Residential, Commercial & Church
EXTENSION OF EXISTING ZONE: No
IN ACCORDANCE WITH LAND USE PLAN: Yes
STAFF RECOMMENDATION: Defer
REASONS FOR RECOMMENDATION:
Rezoning request is part of a larger project.
The City Traffic Engineer will not approve as it is presently laid out. An overall traffic circulation plan should be worked out with the Traffic Engineer prior to Planning Commission action.
APPLICATION NO: 2005-055 JURISDICTION: Chattanooga Dist. #1
Hamilton County Dist. #6
APPLICANT: Orville Payne
DATE OF PLANNING COMMISSION MEETING: April 11, 2005 (Deferred)
May 9, 2005 (Action Taken)
LOCATION: 360 & 364 Brown’s Ferry Road
PRESENT ZONING: R-2 Residential Zone
REQUEST FOR: R-3 Residential Zone
PROPOSED DEVELOPMENT: Quadraplex
SIZE OF TRACT: .76 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Duplex
SURROUNDING DEVELOPMENT: Residential
EXTENSION OF EXISTING ZONE: No
IN ACCORDANCE WITH LAND USE PLAN: No
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
Vacant with a duplex structure located on the parcel (31.04) immediately in front of the two parcels (31.02 and 31.03) requested to be rezoned.
It is surrounded by single-family residential and a single-wide manufactured home park.
There is R-5 to the north of the property; R-1 to the east of the property; and R-2 immediately surrounding the property.
The Land Use Plan indicates that the area shall remain low density residential. The land use plan states that medium density residential was appropriate in areas closer to Cummings Highway and I-24 rather than in the outlying areas of Lookout Valley.
APPLICATION NO: 2005-056 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #9
APPLICANT: Harry Hulsey
DATE OF PLANNING COMMISSION MEETING: April 11, 2005 (Deferred)
May 9, 2005 (Action Taken)
LOCATION: A portion of an unnamed alley running along the rear line of and parallel to properties located on the west line of the 6000 Block of Ooltewah-Georgetown Road
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Approve, subject to:
1) Approval of City Engineer and all public utilities; and
2) A replat of the property.
REASONS FOR RECOMMENDATION:
This is a Tier 3, unopened and unused right-of-way.
APPLICATION NO: 2005-058 JURISDICTION: Chattanooga Dist. #2
Hamilton County Dist. #4
APPLICANT: Sandra K. Miller
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 217 Tremont Street
PRESENT ZONING: R-3 Residential Zone
REQUEST FOR: C-5 Neighborhood Commercial Zone
PROPOSED DEVELOPMENT: Spa, Tea Room & Gift Shop
SIZE OF TRACT: .32 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residential
SURROUNDING DEVELOPMENT: Commercial & Residential
EXTENSION OF EXISTING ZONE: Nearby
IN ACCORDANCE WITH LAND USE PLAN: No
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This side of Tremont is primarily used for residential and the rezoning of this parcel would have a negative impact on the remaining residential properties. The staff and Planning commission had recommended to deny the other two C-5 parcels in 1994 and 1995.
APPLICATION NO: 2005-059 JURISDICTION: Hamilton County Dist. #9
APPLICANT: Arthur K. Poe
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 11986 Apison Pike
PRESENT ZONING: A-1 Agricultural District
REQUEST FOR: R-2 Urban Residential District
PROPOSED DEVELOPMENT: Duplex
SIZE OF TRACT: 7.8 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Duplexes, Residential & Vacant
EXTENSION OF EXISTING ZONE: No
IN ACCORDANCE WITH LAND USE PLAN: No
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
The request appears to be for just a portion of the whole tract.
A site plan showing location of street, structures, landscaping, etc. would be helpful in determining the future impacts this development would have on the surrounding community. None has been submitted.
Future use for the rest of the tract is unknown. The potential precedence for the whole tract being developed for duplexes is a concern.
This request holds the potential for 35 units on this site. The scale of the requested use is not compatible with the surrounding dominant single-family residential uses.
A residential PUD, allowing a mixture of housing types and preserving some open space, might be a more appropriate request.
If approved, it would still need to get approval from the Hamilton County Board of Appeals for duplexes.
APPLICATION NO: 2005-060 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: T. Gene Edwards, Inc.
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: An unopened alley located north of the 1300 Block of Appling Street
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Approve, subject to approval of City Engineer and all public utilities.
REASONS FOR RECOMMENDATION:
The request is for only 235 feet of the alley right-of-way, which is that portion that crosses the applicant’s property; however, staff recommendation is that the entire length of the alley right-of-way be abandoned.
The applicant has three parcels that have access to the alley; a construction company (1309 Appling Street), a small storage facility (2608 Benton Avenue), and a vacant parcel (2600 Benton Avenue). The alley is approximately 20’ wide and an unopened and does not serve as access to the lots.
Adjacent land uses include single-family dwellings; a couple of vacant lots; and a church. All parcels have access to their property by way of Wood Avenue, Fairleigh Street, and Benton Avenue.
APPLICATION NO: 2005-061 JURISDICTION: City of East Ridge
Hamilton County Dist. #8
APPLICANT: Ralph C. Kennedy
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 317 Michelle Drive
PRESENT ZONING: R-1 Residential District
REQUEST FOR: R-3 Residential Apartment District
PROPOSED DEVELOPMENT: Quadraplex
SIZE OF TRACT: .43 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Burned Down Quadraplex
SURROUNDING DEVELOPMENT: Duplex & Single-Family
EXTENSION OF EXISTING ZONE: No
IN ACCORDANCE WITH LAND USE PLAN: Yes No
STAFF RECOMMENDATION: Deny R-3; Approve R-2, subject to one duplex.
REASONS FOR RECOMMENDATION:
Article V Section 600 et seq. of the East Ridge Zoning Ordinance stipulates the standards necessary to develop an apartment site in East Ridge. Among the principle standards are site size requirements. Under Section 603 Height and Area Regulations the site size for any apartment is 10,000 square feet for the first unit and 2000 square feet for each additional unit. Based on the calculated square footage, the site would support up to 5 units if unrestricted R –3 zoning is approved. The off-street parking requirement for apartments are 1.25 spaces per unit and for units with two bedrooms, the requirement is 2 parking spaces per unit. This would necessitate that between 5 and 8 off-street spaces be provided on-site for a four unit structure.
The structure on site has apparently been used as a multi-family structure although the zoning is currently R –1. According the Hamilton County Assessor of Property records, the structure was built in 1976 but it is unclear how many dwelling units were permitted at that time. The site is .43 acres or approximately 18,730 square feet. Following a major fire, the applicant desires to reconstruct the unit to allow four dwelling units to be re-established. The surrounding property is characterized as primarily single-family land use with some duplex units. According to the Assessors’ records, on Michelle Drive there are 10 single-family houses and four duplex units.
This site does have some mild physical constraints including topographic features. This in combination with the odd shape of the lot serves to restrict the usable space on site.
Based on the surrounding zoning, land use and site configuration and topology, the staff’s recommendation is that this site be zoned for R–2 and that the use of the site is limited to one duplex.
APPLICATION NO: 2005-063 JURISDICTION: Chattanooga Dist. #6
Hamilton County Dist. #5
APPLICANT: Don Walker
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 513 & 515 Airport Road
PRESENT ZONING: O-1 Office Zone
REQUEST FOR: M-2 Light Industrial Zone
PROPOSED DEVELOPMENT: Warehouse Newspaper in Accessory Building
SIZE OF TRACT: .51 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Building for requested use has already been built.
SURROUNDING DEVELOPMENT: Single-Family Residential, Office Complex, & Commercial Business
EXTENSION OF EXISTING ZONE: Nearby
IN ACCORDANCE WITH LAND USE PLAN: No
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
Newspaper pickup from these warehouses can occur very early in the morning or very late at night. The potential for disruption to the existing single-family residential near this site makes it inappropriate for this type of use.
APPLICATION NO: 2005-064 JURISDICTION: Chattanooga Dist. #2
Hamilton County Dist. #4
APPLICANT: Thomas B. & Janis A. Wilkey
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: Part of the unopened, 400 Block of Noll (Old Union) Street
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Approve, subject to approval of City Engineer and all public utilities.
REASONS FOR RECOMMENDATION:
This is a Tier 3, unopened and unused right-of-way.
APPLICATION NO: 2005-065 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #6
APPLICANT: Dale M. & Connie C. Smith
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: The eastern half of the unopened 3600 Block of Walthall Avenue
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Deny request, but recommend they obtain a Temporary Use Permit from the City Engineer.
REASONS FOR RECOMMENDATION:
This portion of the right-of-way is unopened and abuts an active railroad right-of-way. The segment of Walthall Ave to the north is open but very poorly maintained. Because the unopened right-of-way of Walthall Ave extends both north and south of the 3600 block, a temporary use permit is recommended as opposed to closure, in the event the City should ever wish to open Walthall Ave in the future.
APPLICATION NO: 2005-066 JURISDICTION: Hamilton County Dist. #1
APPLICANT: Tamela Douglas
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 14828 Dayton Pike
PRESENT ZONING: R-2A Rural Residential District &
A-1 Agricultural District
REQUEST FOR: C-2 Local Business Commercial District
PROPOSED DEVELOPMENT: Strip Mall
SIZE OF TRACT: 1.3 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residence
SURROUNDING DEVELOPMENT: Residential, Commercial & Church
EXTENSION OF EXISTING ZONE: Yes
IN ACCORDANCE WITH LAND USE PLAN: Yes
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
This is a reasonable extension of existing zoning.
There is already development of this type in this area.
The proposed use would be compatible with adjacent development.
APPLICATION NO: 2005-067 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #4
APPLICANT: Hamilton County Partners II, L.P.
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 200 East 37th Street
PRESENT ZONING: R-2 Residential Zone & M-1 Manufacturing Zone
REQUEST FOR: R-3 Residential Zone
PROPOSED DEVELOPMENT: New Construction - 88 Apartment Units
SIZE OF TRACT: 8.9 Acres +
ACCESS TO TRACT: Fair
SITE CHARACTERISTICS: Abandoned School (Franklin)
SURROUNDING DEVELOPMENT: Residential, Former Landfill & Chattanooga Creek
EXTENSION OF EXISTING ZONE: Yes
IN ACCORDANCE WITH LAND USE PLAN: The Alton Park Master Plan (2000) anticipated renovations to Franklin Middle School, so no recommendations for the site were made in the plan.
STAFF RECOMMENDATION: Approve, subject to the applicant meeting with the Design Studio and the Alton Park Neighborhood Association as this property is developed.
REASONS FOR RECOMMENDATION:
The proposed use would be compatible with existing development, and there is already development of this time in the area. With the construction of the Villages at Alton Park nearby, reuse of this site as an affordable multi-family housing development is complimentary to ongoing efforts at redevelopment in Alton Park and provides an additional housing choice in an underserved area.
APPLICATION NO: 2005-068 JURISDICTION: Chattanooga Dist. #9
Hamilton County Dist. #5
APPLICANT: Joseph Chaudhari, LLC
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 3420 Wilcox Boulevard
PRESENT ZONING: C-5 Neighborhood Commercial Zone
REQUEST FOR: C-2 Convenience Commercial Zone
PROPOSED DEVELOPMENT: Rebuild a Convenience Store
SIZE OF TRACT: 1.4 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Vacant, Funeral Home & Gas Station
EXTENSION OF EXISTING ZONE: Nearby
IN ACCORDANCE WITH LAND USE PLAN: No
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This area was zoned C-2 but was rezoned through the Tunnel Boulevard Zoning Study in 1991. The result was that this requested site and the surrounding properties were rezoned to C-5. The purpose of the zoning study was to make the commercial zoning in the area more compatible with the neighborhood. Concerns regarding the C-2 zone at that time centered on the amount of traffic generated on the two-lane roads (Tunnel and Wilcox) and that adult-oriented establishments/clubs were allowed in the C-2. C-5, as a neighborhood commercial district, was determined to promote commercial uses that complement the residential area.
The Eastdale Plan (1998) does designate this area as appropriate for commercial development. The Plan provides very little information about what type of commercial uses would be appropriate.
This request is for a convenience store but seems to provide room for other uses that aren’t described. The intent of the rezoning study was to ensure more neighborhood-friendly uses. A convenience store does not meet the Eastdale Plan recommendation to protect residential areas form the traffic, lights and noise associated with commercial uses.
APPLICATION NO: 2005-069 JURISDICTION: Chattanooga Dist. #5
Hamilton County Dist. #5
APPLICANT: Lyle Finley Trust
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 4413 Oakwood Drive along with part of 4411 and 4416 Oakwood Drive
PRESENT ZONING: R-4 Special Zone &
C-2 Convenience Commercial Zone
REQUEST FOR: M-3 Warehouse and Wholesale Zone
PROPOSED DEVELOPMENT: Office/Warehousing
SIZE OF TRACT: 1 Acre +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Offices & Storage
SURROUNDING DEVELOPMENT: Post Office, Apartments, Offices, Bank & Commercial
EXTENSION OF EXISTING ZONE: No
IN ACCORDANCE WITH LAND USE PLAN: No
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
The applicant wishes to maintain a small office in the existing structure along with storage space.
The M-3 is not in compliance with the plan.
APPLICATION NO: 2005-070 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Mike Blanchard, River Street Architecture
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 950 Siskin Drive
PRESENT ZONING: C-2 Convenience Commercial Zone &
M-1 Manufacturing Zone
REQUEST FOR: R-4 Special Zone
PROPOSED DEVELOPMENT: 162 Bed Nursing Home
SIZE OF TRACT: 8.6 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Hospital for Physical Rehabilitation Parking Lot
SURROUNDING DEVELOPMENT: R-4 & M-1
EXTENSION OF EXISTING ZONE: Yes
IN ACCORDANCE WITH LAND USE PLAN: Yes
STAFF RECOMMENDATION: Approve, subject to approval of site plan by the City Traffic Engineer to reflect the revised access.
REASONS FOR RECOMMENDATION:
This will be part of an overall plan and they will need to work out alignment from Riverside Drive.
APPLICATION NO: 2005-071 JURISDICTION: Hamilton County Dist. #1
APPLICANT: Bradley Alan Green
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 3000 Retro Hughes Road
PRESENT ZONING: A-1 Agricultural District
REQUEST FOR: Special Permit
PROPOSED DEVELOPMENT: Single Wide Manufactured Home
SIZE OF TRACT: 5 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Residential & Farms
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
There is already development of this type in this area.
The proposed use would be compatible with adjacent development.
APPLICATION NO: 2005-072 JURISDICTION: Hamilton County Dist. #1
APPLICANT: The RLS Group, LLC – Metropolitan Management
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 9258 & 9266 Dallas Hollow Road
PRESENT ZONING: A-1 Agricultural District
REQUEST FOR: RT-1 Residential Townhouse District
PROPOSED DEVELOPMENT: Townhouse Development
SIZE OF TRACT: 26.8 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Agricultural
SURROUNDING DEVELOPMENT: Residential, R-2 & Agricultural
EXTENSION OF EXISTING ZONE: No
IN ACCORDANCE WITH LAND USE PLAN: No
STAFF RECOMMENDATION: Approve, subject to a maximum of 140 units.
REASONS FOR RECOMMENDATION:
This development, while it is a townhouse use, the density is the same or less than would be allowed in the R-1 zone.
The development would have larger areas of open space for the subdivision with this townhouse development.
The main entrance would be from Dallas Hollow Road which could accommodate any additional traffic this development would generate.
APPLICATION NO: 2005-073 JURISDICTION: Hamilton County Dist. #1
APPLICANT: Julian B. Bell
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 749 Nature Trail (part)
PRESENT ZONING: R-1 Single-Family Residential District
REQUEST FOR: RT-1 Residential Townhouse District
PROPOSED DEVELOPMENT: Townhouses
SIZE OF TRACT: 23.5 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Pasture
SURROUNDING DEVELOPMENT: Residential & Pasture
EXTENSION OF EXISTING ZONE: No
IN ACCORDANCE WITH LAND USE PLAN: No
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This is a spot zone.
Approval would encourage additional similar requests.
The proposed use is not in keeping with the developed character of this area.
There is no other development of this type in this area.
Access is limited.
RT-1 is a high-density zone and therefore out of character.
The intent of the RT-1 zone states, “it should be located within 500 feet of a major arterial or collector as shown on the General Regional Plan.”
APPLICATION NO: 2005-074 JURISDICTION: Hamilton County Dist. #9
APPLICANT: Julian B. Bell
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 7329 Salmon Road
PRESENT ZONING: A-1 Agricultural District
REQUEST FOR: R-1 Single-Family Residential District
PROPOSED DEVELOPMENT: Subdivision
SIZE OF TRACT: 6.7 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Residential & Vacant
EXTENSION OF EXISTING ZONE: Yes
IN ACCORDANCE WITH LAND USE PLAN: Yes
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
This is a reasonable extension of an existing zone and an upgrading.
APPLICATION NO: 2005-075 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: C. L. Gilbert, Jr.
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: A portion of the 7500 Block of Plymouth Lane
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Approve, subject to approval of City Engineer and all public utilities.
REASONS FOR RECOMMENDATION:
Closure appears to be reasonable due to surrounding conditions.
This is a Tier 3, unopened, unused right-of-way.
APPLICATION NO: 2005-076 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: C. L. Gilbert, Jr.
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 7500 Block of Hewitt Lane
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Approve, subject to approval of City Engineer and all public utilities.
REASONS FOR RECOMMENDATION:
Closure appears to be reasonable due to surrounding conditions.
This is a Tier 3, unopened, unused right-of-way.
APPLICATION NO: 2005-077 JURISDICTION: Chattanooga Dist. #3
Hamilton County Dist. #3
APPLICANT: Michael A. Dowlen
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 5506 Cassandra Smith Road
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: Special Exceptions Permit
PROPOSED DEVELOPMENT: Residential PUD – 110 Units
SIZE OF TRACT: 40.9 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residential
SURROUNDING DEVELOPMENT: R-1 & R-5
EXTENSION OF EXISTING ZONE: N/A
IN ACCORDANCE WITH LAND USE PLAN: N/A
STAFF RECOMMENDATION: Approve, subject to the attached PUD review.
REASONS FOR RECOMMENDATION:
This planned unit development is compatible with the recent Hixson-North River Update 2004 and will be appropriate with the surrounding uses. In addition, it appears Mr. Dowlen has reserved an eastern portion of the property that is predominately 25% or greater slopes, but not as public/open space, but as part of 4 individual lots.
P.U.D. Amberbrook Gardens Planned Unit Development
Lots 1-110
CASE NO.: 2005-077
DEVELOPER: Michael Dowlen
SURVEYOR: David Mathews Surveying Company
DATE OF SUBMITTAL: April 8, 2005
STATUS: Preliminary Planned Unit Development Plan
STAFF COMMENTS: 1. The property adjacent to the area of the P.U.D. will not be adversely affected.
2. The plan is consistent with the intent and purpose of the Chattanooga Zoning Ordinance to promote public health, safety, morals and the general welfare.
3. The buildings will be used only for detached single-family houses, accessory uses and community activities.
4. There is a need for such development in the proposed location.
5. There is reasonable assurance that the development will proceed according to the spirit of the approved plans.
A. Planning Commission Requirements
1. Article V, Section 1213 of the Chattanooga Zoning Ordinance requires sewer plans with the preliminary P.U.D. plan. Submit sewer plans and profiles.
2. Article V, Section 1210(1) of the Chattanooga Zoning Ordinance requires that on-site usable recreation and open space must be provided. Consequently, show at least one open space lot.
3. Article V, Section 1208(3) of the Chattanooga Zoning Ordinance reads as follows: “There shall be constructed sidewalks or an equivalent paved internal pedestrian circulation system. The minimum width of such sidewalks shall be five (5) feet.” Consequently, show the location of the required sidewalks or equivalent paved internal pedestrian circulation system.
4. Add the following note: “All buildings must be at least 25 feet from Cassandra Smith Road and other outer boundaries of this P.U.D. and at least 10 feet from other public roads. All free-standing buildings must be at least 10 feet apart. Other than above no other minimum building setbacks are required.”
5. Article V, Section 1208(1) of the Chattanooga Zoning Ordinance requires that all streets must be built to the standards of the Chattanooga Subdivision Regulations since lots are to be sold.
6. Since there are more than 25 lots in this P.U.D. locate 2 boundary monuments to a minimum 1:20,000 accuracy in State Plane Coordinates and show the location and coordinates of these two boundary control monuments.
B. Utility Requirement
1. Show a 10 foot power and communication easement along all new roads.
C. Chattanooga Sewer, Storm Water, Traffic Engineering and Development Director Requirements
1. Submit road profiles, contour lines, sewer design, sewer profiles, a drainage plan including pipe locations, a drainage detention plan, a hydrology report, erosion and sedimentation central plan and details of any drainage detention facilities and the entrance island.
2. In the absence of the above there is not sufficient information for review.
D. Chattanooga Fire Department Requirements
1. Show street names on the final P.U.D. plan.
2. Show on the plan and install a fire hydrant in each of the following locations. Alternative locations are shown so that fire hydrants can be installed on the same side of the road as the water lines.
a. At the lot line between lots 7 and 8 or in lot 63 outside the curve radius.
b. At the lot line between lots 67 and 68 or the lot line between lots 107 and 108.
c. At the lot line between lots 25 and 26 or the lot line between lots 85 and 86.
d. At the lot line between lots 21 and 22 or the lot line between lots 82 and 83.
e. At the lot line between lots 28 and 29 or the lot line between lots 88 and 89.
f. At the lot line between 36 and 37 or the lot line between lots 95 and 96.
g. At the lot line between lots 55 and 56 or the lot line between lots 74 and 75.
3. Questions about Chattanooga Fire Department requirements should be directed to Mr. Randall Herron at 421-4268.
E. Tennessee Department of Health and Environment Requirements
1. Under current policies, the Mylar copy of the final plat cannot be recorded until the Tennessee Department of Health and Environment; Division of Water Supply has approved the water line extensions.
F. N.P.D.E.S. Permits
1. Since there is to be more than one acre of disturbed ground, including building sites, in this subdivision, an N.P.D.E.S. (National Pollutant Discharge Elimination System) Permit to discharge storm water associated with construction activity is necessary.
2. Although there is not local enforcement of this permit, the state can impose civil and criminal penalties on the developer for failure to obtain a permit when one is necessary. The developer should contact the following office to answer questions about filing such a permit:
Tennessee Department of Environment and Conservation
Division of Water Pollution Control
540 McCallie Avenue
Suite 550
Chattanooga, TN 37402
(423) 634-5745
G. A.R.A.P. Permit
1. Since a stream may be involved in this subdivision, an A.R.A.P. (Aquatic Resource Alteration Permit) may be required by the State of Tennessee.
2. Although there is no local requirement or enforcement of this permit, the state can impose penalties and requirements if an A.R.A.P. permit is necessary but has not been obtained.
3. The developer is urged to contact the Tennessee Department of environment, Division of Water Pollution control at the above address and phone number to determine if an A.R.A.P. permit is required.
APPLICATION NO: 2005-082 JURISDICTION: Chattanooga Dist. #3
Hamilton County Dist. #3
APPLICANT: Michael A. Dowlen
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 5506 Cassandra Smith Road
PRESENT ZONING: R-5 Residential Zone
REQUEST FOR: R-1 Residential Zone
PROPOSED DEVELOPMENT: R-1 PUD (See Case 2005-077)
SIZE OF TRACT: 7.45 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Single-Family Residential, Vacant & Mobile Homes
EXTENSION OF EXISTING ZONE: Yes
IN ACCORDANCE WITH LAND USE PLAN: Yes
STAFF RECOMMENDATION: Approve as part of the PUD for Case 2005-077.
REASONS FOR RECOMMENDATION:
There is already development of this type in this area.
The proposed use would be compatible with adjacent development.
APPLICATION NO: 2005-078 JURISDICTION: City of East Ridge
Hamilton County Dist. #8
APPLICANT: Driver Properties, LLC
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 3405 Betty Lane
PRESENT ZONING: R-2 Residential Duplex District
REQUEST FOR: R-3 Residential Apartment District
PROPOSED DEVELOPMENT: For re-subdivision per request by Fred Brunker to correct property line problems (no new structures).
SIZE OF TRACT: .52 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: 2 Building with a total of 7 Townhomes
SURROUNDING DEVELOPMENT: Apartments & Duplexes
EXTENSION OF EXISTING ZONE: No
IN ACCORDANCE WITH LAND USE PLAN: Yes
STAFF RECOMMENDATION: Approve, subject to proposed density of 2.7 units per acre.
REASONS FOR RECOMMENDATION:
The property is being requested to be re-zoned from R –2 Residential Duplex District to R –3 Residential Apartment District. Article V section 600 et seq. specifies the standards necessary to develop an apartment site in East Ridge. Under Section 603 Height and Area Regulations the site size for any apartment is 10,000 square feet for the first unit and 2000 square feet for each additional unit. The off-street parking requirement for apartments are 1.25 spaces per unit and for units with two bedrooms, the requirement is 2 parking spaces per unit.
The structures on site were built in approximately 1968 according to the Hamilton County Assessor of Property records. There are two separate units on site comprising of one 4-unit structure and one 3-unit structure. The site is .52 acres or approximately 22,651 square feet. Based on the standards in the ordinance, the site size would permit a total of 7 units on site. The site is located in the Gail Hills Subdivision encompassing lots 14, 15 and a part of lot 10. The site plan as presented to staff depicts that lot lines bisect both existing buildings and a revised subdivision of lots 10, 14 and 15 has been submitted to abandon these lot lines and to place the two buildings entirely within a single lot. Based on the standards in the ordinance, this development needs between 9 and 14 off-street parking spaces.
This petition comes to the staff and Planning Commission as a request to resolve the existing problems with the lot lines and with the use of the property for apartments. The staff recommends approval of this request based on the existing situation, the surrounding land development and the desire of the petitioner to resolve these long-standing problems with the development on site. As the site size limits the number of units to 7, no additional restrictions on the number of units is necessary. It is apparent from the survey drawings that even if the re-zoning is successful, the petitioner will need some variances from the setbacks along the northern property line in order to be able to record a revised subdivision plat.
APPLICATION NO: 2005-079 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: Vijay Chaudhari
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 7331 & 7333 Shallowford Road
PRESENT ZONING: O-1 Office Zone & R-4 Special Zone
REQUEST FOR: C-2 Convenience Commercial Zone
PROPOSED DEVELOPMENT: Service Station/Convenience Store
SIZE OF TRACT:
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant Lot & Retirement Center
SURROUNDING DEVELOPMENT: Residential, Commercial & Office
EXTENSION OF EXISTING ZONE: Yes
IN ACCORDANCE WITH LAND USE PLAN:
STAFF RECOMMENDATION:
REASONS FOR RECOMMENDATION:
WITHDRAWN BEFORE MEETING
APPLICATION NO: 2005-080 JURISDICTION: Chattanooga Dist. #2
Hamilton County Dist. #4
APPLICANT: Greg Vital & Michael Mallen
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 3601 Mercer Street
PRESENT ZONING: R-1 Residential Zone &
C-2 Convenience Commercial Zone
REQUEST FOR: Special Exceptions Permit
PROPOSED DEVELOPMENT: Residential PUD – 2.7 DU’s per acre
SIZE OF TRACT: 49.1 Acres
ACCESS TO TRACT: Fair
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Residential & Bi-Lo Shopping Center
EXTENSION OF EXISTING ZONE: N/A
IN ACCORDANCE WITH LAND USE PLAN: The Hixson/North River Plan recommends multi-family uses for this location.
STAFF RECOMMENDATION: Approve, subject to:
1) Determination of acceptable construction route and completion of traffic study and other measures if requested by City Traffic Engineer;
2) A maximum of 2.7 DU’s per acre; and
3) The attached PUD review.
PUD CRITERIA:
1. Will the property adjacent to the area included in the plan be adversely affected?
No, adjacent property should not be adversely affected. Increased traffic will result, however, and the developer should complete a traffic study if so requested by Traffic Engineering.
Is the plan consistent with the intent and purpose of the zoning ordinance to promote public health, safety, morals, and welfare?
Yes.
2. Will the buildings be used only for single-family dwellings, two-family dwellings, or multi-family dwellings and the usual accessory uses such as private or storage garages, storage space, and for community activities, including school and/or churches?
Yes.
3. Is there a need for development in the proposed location?
The area is designated for high-density residential development and such development is appropriate for the location.
4. Is there a reasonable assurance that the development will proceed according to the spirit and letter of the approved plans?
The plans are currently being reviewed.
Recommendations:
The request is appropriate for the area, pending approval of the plans through subdivision review.
At a developer-held community meeting on 4/21/05, the predominant concerns of residents were traffic during construction and increased traffic from new residences. Residents indicated they believed the road sub-base may be inadequate to handle sustained construction traffic. The developers should work with City Public Works to address this issue before any construction equipment or trucks are moved to the site.
When built-out this development may double current neighborhood traffic. The developers should, if recommended by City Traffic Engineering, pay for a traffic study to be conducted to determine the impact on the neighborhood street network, particularly the intersections of neighborhood streets with Hixson Pike.
P.U.D.: Highlands at Rivermont
Residential Development Planned Unit Development
Lots 1-133
CASE NO.: 2005-080
DEVELOPERS: Greg Vital and Michael Mullin
ENGINEER: MAP Engineers
DATE OF SUBMITTAL: April 12, 2005
STATUS: Preliminary Planned Unit Development Plan
A. Planning Commission Requirements
1. Article V, Section 1213 of the Chattanooga Zoning Ordinance requires sewer plans with the preliminary P.U.D. plan. Submit sewer plans and profiles.
2. Article V, Section 1208(3) of the Chattanooga Zoning Ordinance reads as follows: “There shall be constructed sidewalks or an equivalent paved internal pedestrian circulation system. The minimum width of such sidewalks shall be five (5) feet.” Consequently, show the location of the required sidewalks or equivalent, paved internal pedestrian circulation system.
3. Add the following note: “All buildings must be at least 25 feet from Mercer Street, Johnson Terrace, Valerian Drive and other outer boundaries of this P.U.D. and at least 10 feet from other public roads. All free-standing buildings must be at least 10 feet apart. Other than above, no other minimum building setbacks are required.”
4. Article V, Section 1208(1) of the Chattanooga zoning Ordinance requires that all streets must be built to the standards of the Chattanooga Subdivision Regulations since lots are to be sold.
5. Per Article V, Section 1213(b) of the Chattanooga Zoning Ordinance indicates the surrounding type of development and land use.
6. Show subdivision information for adjoining subdivision lots and owner’s name and deed reference for adjoining unsubdivided lots.
7. Since there are more than 25 lots in this P.U.D., locate 2 boundary monuments to a minimum 1:20,000 accuracy in State Plane Coordinates and show the location and coordinates of these two boundary control monuments.
B. Utility Requirement
1. Show a 10 foot power and communication easement along all new roads.
C. Chattanooga Sewer, Sotrm Water, Traffic Engineering and Development Director Requirements
1. Submit road profiles, contour lines, sewer design, sewer profiles, a drainage plan including pipe locations, a drainage detention plan, a hydrology report, erosion and sedimentation control plan and details of any drainage detention facilities.
2. In the absence of the above there is not sufficient information for review.
D. Chattanooga Fire Department Requirements
1. Show street names on the final P.U.D. plan.
2. Show on the plan and install a fire hydrant in each of the following locations. Alternative locations are shown so that fire hydrants can be installed on the same side of the road as the water lines.
a. At the lot line between lots 5 and 6 or the lot line between lots 123 and 124.
b. At the lot line between lots 15 and 16 or the lot line between lots 113 and 114.
c. At the lot line between lots 25 and 26 or outside the curve radius of lot 60.
d. At the lot line between lots 30 and 31 or the lot line between lots 93 and 94.
e. At the lot line between lots 40 and 41 or outside the curve radius of lot 81.
f. At the lot line between lots 52 and 53 or the lot line between lots 61 and 62.
3. Questions about Chattanooga Fire Department requirements should be directed to Mr. Randall Herron at 421-4268.
E. Tennessee Department of Health and Environment Requirements
1. Under current policies, the Mylar copy of the final plat cannot be recorded until the Tennessee Department of Health and Environment; Division of Water Supply has approved the water line extensions.
F. N.P.D.E.S. Permits
1. Since there is to be more than one acre of disturbed ground, including building sites, in this subdivision, an N.P.D.E.S. (National Pollutant Discharge Elimination System) Permit to discharge storm water associated with construction activity is necessary.
2. Although there is not local enforcement of this permit, the state can impose civil and criminal penalties on the developer for failure to obtain a permit when one is necessary. The developer should contact the following office to answer questions about filing such a permit:
Tennessee Department of Environment and Conservation
Division of Water Pollution Control
540 McCallie Avenue
Suite 550
Chattanooga, TN 37402
(423) 634-5745
G. A.R.A.P. Permit
4. Since a stream may be involved in this subdivision, an A.R.A.P. (Aquatic Resource Alteration Permit) may be required by the State of Tennessee.
5. Although there is no local requirement or enforcement of this permit, the state can impose penalties and requirements if an A.R.A.P. permit is necessary but has not been obtained.
6. The developer is urged to contact the Tennessee Department of environment, Division of Water Pollution control at the above address and phone number to determine if an A.R.A.P. permit is required.
APPLICATION NO: MR-2005-004 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o Harvey Webb
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 501 West Martin Luther King Boulevard
REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 to have property declared “Surplus”.
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
This property is part of the “land swap” deal between the City of Chattanooga and Blue Cross Blue Shield of Tennessee.
This is the old fire station, Tax Map No. 135N-B-006, 1.09 Acres.
APPLICATION NO: MR-2005-005 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o Harvey Webb
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 730 Chestnut Street
REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 for the “Acquisition” of property by the City of Chattanooga.
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
This property is part of the “land swap” deal between the City of Chattanooga and Blue Cross Blue Shield of Tennessee.
This is .3148 Acres +, Tax Map No. 145CB-A-007.
APPLICATION NO: MR-2005-006 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o Harvey Webb
DATE OF PLANNING COMMISSION MEETING: May 9, 2005
LOCATION: 220 & 225 Cameron Hill Circle
REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 to have property declared “Surplus”.
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
This property is part of the “land swap” deal between the City of Chattanooga and Blue Cross blue Shield of Tennessee.
Deed restrictions expired 10/17/04 (30 years from date of deed).
This is 6.67 Acres +, Tax Map No. 135N-B-005.01.
A RESOLUTION TO AMEND THE ZONING ORDINANCE OF
THE CITY OF CHATTANOOGA , TENNESSEE BY AMENDING
ARTICLE V, SECTION 400, R-4 SPECIAL ZONE TO ADD REGULATIONS ENTITLED “MIXED USE OVERLAY ZONE (MXU-OZ)” FOR THE PURPOSE OF CREATING MIXED USE SUBURBAN DEVELOPMENTS
WHEREAS, it has been determined by the Regional Planning Agency staff that the zoning regulations should provide an alternative to conventional suburban development for sites that are neither appropriate for retail only or residential only uses; and
WHEREAS, the mixed use overlay zone (MXU-OZ) would permit medium intensity, mixed-use suburban development that is compact, diverse, walkable, and urban in character and form; and
WHEREAS, it has been determined by the Regional Planning Agency staff that the R-4 Special Zone should be amended to include the mixed use overlay zone (MXU-OZ); and
WHEREAS, the mixed use overlay zone (MXU-OZ) extends the uses of the required underlying R-4 zone.
NOW THEREFORE, BE IT RESOLVED that on May 9, 2005, 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 by adding the following sections:
406. Mixed Use Overlay Zone (MXU-OZ)
1) INTENT
The purpose of this overlay 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 Overlay 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
1. The MXU-OZ 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.
2. The MXU-OZ shall be located primarily in suburban or urbanized rural areas served by sewers.
3. The MXU-OZ shall not to be used within the urban overlay zone as described in Article III, Section 105 of the Chattanooga Zoning Regulations.
3) AREA REQUIREMENTS
Underlying Zone: The MXU-OZ shall be placed on an R-4 Special Zone.
Minimum Land Area: The minimum development site size for a MXU-OZ shall be 10 acres.
Maximum Land Area: There shall be no maximum development site size for a MXU-OZ.
Minimum Lot Size: The minimum lot size within the MXU-OZ shall be 2,500 square feet.
Maximum Building Footprint: The maximum building footprint within the MXU-OZ shall be 25,000 square feet.
4) GENERAL FUNCTION (permitted uses)
Residential: Houses, Duplexes, Townhouses, Condominiums, Apartment Buildings. 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-OZ 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-OZ site. The combined total land area of lodging and retail shall not exceed 50% of the total land area of the MXU-OZ site.
Civic Spaces: Schools, Religious Facilities, Public Pavilions, Greens, Squares, Plazas, Parks, Playgrounds.
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) CIVIC SPACES
A minimum of 10% of the total land area of the MXU-OZ site shall be used for one or more of the following public civic space types:
Green: An open space, available for unstructured recreation. A green may be 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. Landscape buffers and 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.
6) 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 Tennessee Valley Authority Quad 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.
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-OZ 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-OZ site shall provide a minimum of 20% 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-OZ site. Planted tree canopy coverage is determined by an estimate of the tree's coverage at maturity. Trees necessary to meet the MXU-OZ landscape requirements can be credited toward meeting the required 20% tree canopy requirement.
7) 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-OZ.
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.
8) PUBLIC FRONTAGES
The public frontage is the space between the private lot line and the edge of the vehicular lanes. It usually includes walkways, landscaping and lighting. 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 travel lane either in a grass strip or in individual tree wells combined with pervious concrete or pavers. 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 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.
9) PRIVATE FRONTAGES
The private frontage is the space between the private front lot line and the principal building facade.
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 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.
10) 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
11) BUILDING SETBACK
Building setback is measured from the property line.
Front: 10 feet 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.
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 co, de requirements for zero-lot line construction.
12) 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.
13) LANDSCAPING REQUIREMENTS
1. Perimeter Boundary
a. 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.
b. 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.
c. All plantings shall meet the installation and planting size requirements specified in the Plant Installation Specifications section of the Chattanooga Landscape Ordinance.
d. 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.
2. Parking Areas: The parking lot requirements of the Chattanooga Landscape Ordinance shall apply to the MXU-OZ parking areas.
3. 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.
14) GENERAL
1. Underground Utilities: Utility transmission lines within the development shall be placed underground.
2. 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.
3. Lighting: Lighting shall be at an appropriate height, appropriate lumens, and directed away from any residential structure within or adjacent to the MXU-OZ site so as not to be intrusive or disruptive.
4. 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.
15) DEVELOPMENT PLAN
1. A development plan shall be prepared by a licensed architect, landscape architect, or civil engineer.
2. 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.
3. The development plan shall be drawn at a minimum scale of one inch equals fifty feet and shall graphically show the following:
a. Existing surrounding developments and land uses.
b. 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.
c. Proposed Uses: Each land use category (Open Residential, Limited Lodging, Open Office, Limited Retail, Civic Space) along with the percentage amount of the MXU-OZ site that each category covers.
d. Location of street trees, landscaped buffers and other known tree areas with percentage of mature tree canopy coverage.
e. Existing and proposed streets, thoroughfares, access drives, service drives, parking arrangements, pedestrian walks, cycle paths, intersections, safety areas.
f. Retention ponds, detention ponds, and other storm water drainage facilities.
g. Key environmental features such as topography, wetland, drainage pattern, any 100-year flood levels, streams and vegetation.
4. 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-OZ.
5. The requirements of the MXU-OZ development plan shall apply to the development site and shall not be nullified by transfer of land ownership.
6. A traffic study may be required by the City Traffic Engineer. If necessary, it shall be submitted with the MXU-OZ Development Plan.
16) PROCESS
1. A Mixed Use Overlay 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.
2. The Mixed Use Overlay Zone shall be approved subject to approval of the Mixed Use Overlay Zone Development Plan.
3. The Mixed Use Overlay Zone Development Plan becomes a legal enforceable document after it is approved by the City Council.
4. No Mixed Use Overlay Zone Development Plan shall be approved by the City Council unless it is first submitted to the Regional Planning Agency and the Planning Commission.
5. Upon the recommendation for approval, approval with conditions, or disapproval by the Planning Commission, the Mixed Use Overlay 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 Overlay Zone Development Plan, with specific reference to, but not limited to, the following conditions:
(a) The property adjacent to the area included in the plan will not be adversely affected;
(b) The plan is consistent with the intent and purpose of this Ordinance to promote public health, safety, morals, and general welfare.
(c) There is a need for such development in the proposed location.
(d) There is a reasonable assurance that development will proceed according to the approved development plans.
6. The resolution by the City Council approving the Mixed Use Overlay Zone Application shall have attached thereto, as an exhibit, the official Mixed Use Overlay Zone Development Plan.
7. Approval of the Mixed Use Overlay zone shall be conditioned to the approved Mixed Use Overlay Zone Development Plan.
8. After notice and publication as provided in Article XI, Section 101, the City Council shall hold a public hearing to review the Mixed Use Overlay Zone Application & Development Plan and take legislative action.
9. The Council, by Resolution, may approve or approve with conditions, the Mixed Use Overlay Zone Development Plan. A copy of the Final Mixed Use Overlay Zone Development Plan drawing together with any conditions not shown on the drawing shall be attached to the resolution as exhibits.
10. If the Mixed Use Overlay 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.
11. An application for R-4 zoning shall accompany the Mixed Use Overlay Zone Application and Development Plan if any of the development site is not currently zoned R-4.
12. 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.
13. Any desire to change the Mixed Use Overlay Zone boundary line as shown on an approved Mixed Use Overlay Zone Development Plan shall be considered a "major change" to the site plan and shall require submittal of a new Mixed Use Overlay Zone Application and Development Plan.
14. All other changes shall be considered "minor" and may be approved by the Chattanooga-Hamilton County Regional Planning Agency staff.
15. 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.
16. 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.
17. 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.
17) DEFINITIONS:
1. 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.
2. 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.
3. 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.
4. 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.
5. Grass Swales: can be used as an alternative to curb and gutter systems and can often be effectively combined with bioretention cells.
6. 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.
7. Land Area: Ground surface necessary for buildings, required parking, service drives and landscaped areas.
8. 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.
9. Pervious Surface: A surface that permits full or partial absorption of water into the ground.
10. 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: May 9, 2005
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A RESOLUTION TO AMEND
THE CHATTANOOGA SUBDIVISION REGULATIONS
TO PERMIT THE PLANNING COMMISSION OR CITY ENGINEER
TO REQUIRE STREET CONNECTIONS OR ADDITIONAL ENTRANCES
TO ANY SUBDIVISION
WHEREAS, street connections within a subdivision, connections to adjoining subdivisions or additional entrances to a subdivision may be necessary for public safety; and
WHEREAS, looped streets or additional entrances are desirable for emergency vehicles or where streets may be blocked by fire, flood, traffic accidents or other emergencies; and
WHEREAS, the current subdivision regulations do not clearly state that such connections can be required.
NOW THEREFORE, BE IT RESOLVED that the Chattanooga-Hamilton County Regional Planning Commission on May 9, 2005, hereby amends the Chattanooga Subdivision Regulations as follows:
Add a new Section 302.8.1 to the Chattanooga Subdivision Regulations to read as follows:
302.8.1 Street Connection
The City Engineer or Planning Commission may require that streets in a subdivision be connected or that streets in adjoining subdivisions be connected or that additional entrances must be provided.
Respectfully submitted,
___________________
Barry M. Bennett, Secretary
Date of Adoption: May 9, 2005
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A RESOLUTION TO AMEND
THE HAMILTON COUNTY SUBDIVISION REGULATIONS
TO PERMIT THE PLANNING COMMISSION OR COUNTY ENGINEER
TO REQUIRE STREET CONNECTIONS OR ADDITIONAL ENTRANCES
TO ANY SUBDIVISION
WHEREAS, street connections within a subdivision, connections to adjoining subdivisions or additional entrances to a subdivision may be necessary for public safety; and
WHEREAS, looped streets or additional entrances are desirable for emergency vehicles or where streets may be blocked by fire, flood, traffic accidents or other emergencies; and
WHEREAS, a notification has been placed in a newspaper of general circulation in Hamilton County; and
WHEREAS, the current subdivision regulations do not clearly state that such connections can be required.
NOW THEREFORE, BE IT RESOLVED that the Chattanooga-Hamilton County Regional Planning Commission on May 9, 2005, hereby amends the Hamilton County Subdivision Regulations as follows:
Add a new Section 302.7.1 to the Hamilton County Subdivision Regulations to read as follows:
302.7.1 Street Connection
The County Engineer or Planning Commission may require that streets in a subdivision be connected or that streets in adjoining subdivisions be connected or that additional entrances must be provided.
Respectfully submitted,
___________________
Barry M. Bennett, Secretary
Date of Adoption: May 9, 2005
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A RESOLUTION TO AMEND THE
HAMILTON COUNTY SUBDIVISION REGULATIONS
TO ESTABLISH A PROCEDURE FOR VARIANCES
TO PERMIT RESIDENTIAL LOTS OF LESS THAN 5 ACRES
ON PRIVATE ROADS
WHEREAS, there is a need to notify adjoining property owners when a variance is requested to permit residential lots of less than 5 acres on private roads; and
WHEREAS, such variance requests need to be submitted in time for a notification period; and
WHEREAS, there needs to be a fee to cover the costs of notification and staff time for such notices; and
WHEREAS, a notification has been placed in a newspaper of general circulation in Hamilton County.
NOW THEREFORE, BE IT RESOLVED that on May 9, 2005, the Chattanooga-Hamilton County Regional Planning Commission hereby amends the Hamilton County Subdivision Regulations as follows:
A. Add a new Section 111.1 to the Hamilton County Subdivision Regulations to read as follows:
111.1 Notification, Deadline and Fee for Variances for Residential Lots of Less than 5 Acres on a Private Road
The Planning Agency staff will notify by first class mail all property owners within 300 feet of an area requested for a variance from Section 303.1 to permit residential lots of less than five acres whose only access is a private road or easement.
The deadline for such variances shall be the 10th of a month unless the 10th falls on a Saturday, Sunday or holiday when the deadline will be the next working day.
All requests for such a variance shall be accompanied by a $200.00 non-refundable fee.
B. Renumber Section 111.1, Planning Commission Action of Variance Requests to Section 111.2.
C. Renumber Section 111.2 to Section 111.3.
D. Renumber Section 111.3 to Section 111.4.
E. Add the following to Section 303.1:
“See Section 111.1 for notification, deadline and fee for variances from Section 303.1.”
Respectfully submitted,
___________________
Barry M. Bennett, Secretary
Date of Adoption: May 9, 2005
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