Planning Commission Agenda And Staff Recommendations For July 13

Thursday, July 02, 2009

Here is the agenda as well as the staff recommendations for the meeting of the Planning Commission on Monday, July 13, at 1 p.m. at the County Courthouse:

CHATTANOOGA-HAMILTON COUNTY REGIONAL PLANNING COMMISSION


JULY 13, 2009


AGENDA


chairman – Opening Comments and Announcements

II. Public Hearing and Action – Subdivision Plats

Old Business

2009-087 – Eric Myers, Elemi Architects, LLC – 600 Block of Hamilton Avenue & 640 North Market Street – City of Chattanooga – From R-3 Residential Zone & R-2 Residential Zone to RT-1 Residential Townhouse Zone

2009-088 – Pinnacle Point Partners, c/o Chris Moore, President – 8012 Shallowford Road – City of Chattanooga – Special Exceptions Permit for a Preliminary PUD

2009-090 – Gurdeep K. Madan, Broker – 3467 Wilcox Boulevard – City of Chattanooga – From C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial Zone

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)

2009-093 – Barry Higgins – 1898 Sequoyah Access Road – Hamilton County – Special Permit: Single Wide Manufactured Home

MR-2009-096 – City of Chattanooga, c/o Dan Thornton – A portion of the former eastern right-of-way of the 400 Block of Cherry Street and the southern right-of-way of the 100 Block of East 4th Street – City of Chattanooga – Mandatory Referral to declare property surplus

MR-2009-097 – City of Chattanooga, c/o Dan Thornton – A portion of the former eastern right-of-way of the 400 Block of Cherry Street and the southern right-of-way of the 100 Block of East 4th Street – City of Chattanooga – Mandatory Referral for abandonment

MR-2009-100 – City of Chattanooga, c/o Dan Thornton – 1700 Baldwin Street – City of Chattanooga – Mandatory Referral to declare property surplus

2009-101 – Julian B. Bell – 8800 Block of Green Gap Road, 8900 Block of Little Pine Lane, 7600 Block of Maplehurst Drive, 8700 & 8800 Blocks of McKenzie Farm Drive, 7600, 7700 & 8700 Blocks of Peppertree Drive, 7500 Block of Sandy Creek Lane, 8800 Block of Springhouse Court, 7600 Block of Sweet Farm and 7500 Block of Wild Iris Way – Hamilton County – Special Exceptions Permit to Abandon a Residential PUD


2009-102 – John R. Anderson, Attorney – Part of 3104 Scenic Waters Lane (Tract C) – City of Chattanooga – From R-3 Residential Zone with conditions to R-4 Special Zone

2009-103 – John R. Anderson, Attorney – Part of 3104 Scenic Waters Lane (Tracts A & B) – City of Chattanooga – To Amend Conditions

MR-2009-104 – City of Chattanooga, c/o Dan Thornton – 702 East 11th Street – City of Chattanooga – Mandatory Referral to declare property surplus for sale or exchange

MR-2009-105 – City of Chattanooga, c/o Dan Thornton – 740 East 12th Street – City of Chattanooga – Mandatory Referral to declare property surplus for sale or exchange

MR-2009-107 – City of Chattanooga, c/o Dan Thornton – 3000 Block of Hickory Valley Road – City of Chattanooga – Mandatory Referral to declare property surplus

V. New Business

A resolution to amend the Subdivision Regulations of Hamilton County to require notification for variance requests and establish expiration dates for all plat approvals

A resolution to amend the Zoning Ordinance of the City of Chattanooga, Tennessee to include a Special Permit to allow certain bed and breakfast associated activities in the R-3 Residential Zone and R-4 Special Zone

A resolution to amend the Zoning Ordinance of the City of Chattanooga, Tennessee to include suburban infill lot frontage and setback regulations, urban infill lot compatibility subdivision option, delete flag lot provisions and change the definition of frontage

A resolution to amend the Subdivision Regulations of the City of Chattanooga, Tennessee to delete flag lot provisions and change the definition of frontage and add variance notification requirements

VI. Approval of Minutes of June 8, 2009

Staff Reports

VIII. Adjourn

APPLICATION NO: 2009-087 JURISDICTION: Chattanooga Dist. #1

Hamilton County Dist. #6

APPLICANT: Eric Myers, Elemi Architects, LLC


DATE OF PLANNING COMMISSION MEETING: June 8, 2009 (Deferred)

July 13, 2009 (Action Taken)


LOCATION: 600 Block of Hamilton Avenue & 640 North Market Street


PRESENT ZONING: R-3 Residential Zone & R-2 Residential Zone

REQUEST FOR: RT-1 Residential Townhouse Zone

PROPOSED DEVELOPMENT: Townhome Development in two separate phases

SIZE OF TRACT: 0.78 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Vacant, Residential, Commercial & Industrial

EXTENSION OF EXISTING ZONE: No

NAME OF COMMUNITY LAND USE PLAN: North Shore Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Approve, subject to approval of access and parking by the City Traffic Engineer.

REASONS FOR RECOMMENDATION:

The RT-1 zone will allow the creation of fee-simple lots, thereby encouraging owner-occupancy of the property.

The RT-1 zone is more restrictive in terms of setbacks and landscaping.

The North Shore Plan (2007) supports “mixed use” development in this section of North Market Street. Given that a mix of uses already surrounds this site, townhouses are an acceptable addition to the area provided that the development blends with the prevailing character of the area. The plan recommends higher-density residential zoning or the C-7 zone for this section of North Market Street.

The North Shore Plan addresses the steep topography of this section of North Market Street by indicating that property access can occur through either North Market Street or Hamilton Avenue-though the plan recommends access via North Market Street.


APPLICATION NO: 2009-088 JURISDICTION: Chattanooga Dist. #4

Hamilton County Dist. #7

APPLICANT: Pinnacle Point Partners, c/o Chris Moore, President

DATE OF PLANNING COMMISSION MEETING: June 8, 2009 (Deferred)

July 13, 2009 (Action Taken)

LOCATION: 8012 Shallowford Road


PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: Special Exceptions Permit - Preliminary

PROPOSED DEVELOPMENT: Pinnacle Point PUD

SIZE OF TRACT: 13.37 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant & Residential

SURROUNDING DEVELOPMENT: Single-Family Residential & Vacant

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: East Brainerd Corridor Community Plan (2003)

CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Approve, subject to the attached PUD review.

REASONS FOR RECOMMENDATION:

This development has a density of 1.35 dwelling units an acre. This is relatively low as a density of 5 dwelling units an acre is allowed under PUD requirements.


This property abuts property to the east that is zoned R-T/Z which has a maximum density of 8 dwelling units per acre.


The East Brainerd Corridor Community Plan recommends a low-density residential land use at this location with the objective of preserving single-family residential character. The intent of this designation is to allow for a density of one to five dwelling units per acres. The plan further details the types of uses that are appropriate in this area by stating that townhomes or duplexes may be considered if the development meets the appropriate density.


This development is structured as an open space development with preservation of substantial open space with a clustering of the residential structures to the interior of the site. RPA staff and the Comprehensive Plan encourage attached housing in PUDs to be located to the interior of the site. The intensity of development of this site - the residential area - is along the eastern property line that abuts the property zoned R-T/Z and meets the intent of that recommendation.


APPLICATION NO: 2009-090 JURISDICTION: Chattanooga Dist. #5

Hamilton County Dist. #5

APPLICANT: Gurdeep K. Madan, Broker

DATE OF PLANNING COMMISSION MEETING: June 8, 2009 (Deferred)

July 13, 2009 (Action Taken)

LOCATION: 3467 Wilcox Boulevard


PRESENT ZONING: C-5 Neighborhood Commercial Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: Convenience Store

SIZE OF TRACT: .213 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Building under construction

SURROUNDING DEVELOPMENT: Vacant, Single-Family, Convenience Store & Funeral Home

EXTENSION OF EXISTING ZONE: Yes

NAME OF COMMUNITY LAND USE PLAN: Eastdale Land Use Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: No

CONSISTENT WITH COMPREHENSIVE PLAN 2030: N/A

ADEQUATE SITE PLAN SUBMITTED: Yes

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 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 zone. C-5 as a neighborhood commercial district was determined to promote commercial uses that complement the residential neighborhood.

The Eastdale Plan (1998) does designate this area as appropriate for commercial development. The Plan provides little information about what type of commercial uses would be appropriate.

The C-2 zone permits other uses that are not appropriate or neighborhood friendly. The intent of the 1991 zoning study was to ensure more neighborhood friendly uses.

Convenience stores are permitted within the C-5 zone, provided that no gasoline pumps or car washes are permitted. The sale or consumption of beer, wine or other similar alcoholic beverages are prohibited, as well as liquor stores.

Approving the C-2 would set the precedent for future C-2 request along Tunnel Boulevard, which could negatively impact the adjacent residential uses.

The existing C-5 zone would serve as a buffer/transitional area between the adjacent C-2 zone and the adjacent residential (R-1) areas.


APPLICATION NO: 2009-093 JURISDICTION: Hamilton County Dist. #1

APPLICANT: Barry Higgins

DATE OF PLANNING COMMISSION MEETING: July 13, 2009

LOCATION: 1898 Sequoyah Access Road


PRESENT ZONING: M-2 Wholesale and Light Industry District

REQUEST FOR: Special Permit

PROPOSED DEVELOPMENT: Single Wide Manufactured Home

SIZE OF TRACT: 23 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: N/A

CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Partially

ADEQUATE SITE PLAN SUBMITTED: No

STAFF RECOMMENDATION: Approve, subject to rezoning to A-1.

REASONS FOR RECOMMENDATION:

The requested Special Permit for a single-wide manufactured home (mobile home) would not have a negative impact on adjacent land uses. The predominant land use within the area is detached single-family dwellings in an A-1 Agriculture Zoning District.

Staff has reviewed the request and discovered that single-wide mobile homes are not permitted in the M-2 zone. The only option would be to rezone the property to a zoning district that would permit such a use.


APPLICATION NO: MR-2009-096 JURISDICTION: Chattanooga Dist. #8

Hamilton County Dist. #4

APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: July 13, 2009

LOCATION: A portion of the former eastern right-of-way of the 400 Block of Cherry Street and the southern right-of-way of the 100 Block of East 4th Street


REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 to declare property surplus.


STAFF RECOMMENDATION: Approve


REASONS FOR RECOMMENDATION:

This will convey 163 square feet to Unum on the southeast corner of 4th and Cherry. Conveyance to assist with campus development.


APPLICATION NO: MR-2009-097 JURISDICTION: Chattanooga Dist. #8

Hamilton County Dist. #4

APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: July 13, 2009

LOCATION: A portion of the former eastern right-of-way of the 400 Block of Cherry Street and the southern right-of-way of the 100 Block of East 4th Street


REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 for abandonment.


STAFF RECOMMENDATION: Approve, subject to approval of City Engineer and all public utilities.


REASONS FOR RECOMMENDATION:

The City has no desire to utilize this portion of the right-of-way.
APPLICATION NO: MR-2009-100 JURISDICTION: Chattanooga Dist. #7

Hamilton County Dist. #4

APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: July 13, 2009

LOCATION: 1700 Baldwin Street


REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 to declare property surplus.


STAFF RECOMMENDATION: Approve, subject to survey and transfer only the portion that does not include the accepted East 17th Street right-of-way.


REASONS FOR RECOMMENDATION:

The City has no desire to utilize this property.




APPLICATION NO: 2009-101 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Julian B. Bell

DATE OF PLANNING COMMISSION MEETING: July 13, 2009

LOCATION: 8800 Block of Green Gap Road, 8900 Block of Little Pine Lane, 7600 Block of Maplehurst Drive, 8700 & 8800 Blocks of McKenzie Farm Drive, 7600, 7700 & 8700 Blocks of Peppertree Drive, 7500 Block of Sandy Creek Lane, 8800 Block of Springhouse Court, 7600 Block of Sweet Fern and 7500 Block of Wild Iris Way


PRESENT ZONING: R-1 Single Family Residential District & R-1 PUD

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: Abandon Residential PUD

SIZE OF TRACT: 120 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN:

CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: No – staff used existing PUD plan.

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

Abandoning the residential PUD will not harm surrounding properties or the future development of this property. Applicant desires to redesign site. Signature have been obtained from all property owners giving permission for abandoning the PUD.



APPLICATION NO: 2009-102 JURISDICTION: Chattanooga Dist. #1

Hamilton County Dist. #8

APPLICANT: John R. Anderson, Attorney

DATE OF PLANNING COMMISSION MEETING: July 13, 2009

LOCATION: Part of 3104 Scenic Waters Lane (Tract C)


PRESENT ZONING: R-3 Residential Zone with conditions (1998-231)

REQUEST FOR: R-4 Special Zone

PROPOSED DEVELOPMENT: To be able to renovate, replace and/or expand the existing Bed and Breakfast facilities on Tract C to allow weddings, corporate events, gatherings and such other similar uses.

SIZE OF TRACT: 2.24 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Bed and Breakfast and accessory uses

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: No

NAME OF COMMUNITY LAND USE PLAN: Lookout Valley Area Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: No

CONSISTENT WITH COMPREHENSIVE PLAN 2030: No

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Deny R-4 request. Keep Condition 1 (Ordinance 10814) “Said property shall be used solely for bed and breakfast or single-family dwellings.” Remove Condition 2 (Ordinance 10814) “Only existing buildings may be used for the bed and breakfast.” Approve Special Permit for Bed & Breakfast Associated Activities, subject to:

1) Access for bed and breakfast and associated activities from O’Grady Drive only;

2) Driveway to be paved or otherwise treaded to eliminate dust for 500 feet from the entrance at O’Grady Drive; and

3) No more than 9 bed and breakfast units for the entire property or lot.

REASONS FOR RECOMMENDATION:

The property is compatible, considering the large lot side.

With existing natural buffering between subject property and adjacent residents, the property use would be compatible with adjacent development.


APPLICATION NO: 2009-103 JURISDICTION: Chattanooga Dist. #1

Hamilton County Dist. #6

APPLICANT: John R. Anderson, Attorney

DATE OF PLANNING COMMISSION MEETING: July 13, 2009

LOCATION: Part of 3104 Scenic Waters Lane (Tracts A & B)


PRESENT ZONING: R-3 Residential Zone with conditions

REQUEST FOR: To amend conditions

PROPOSED DEVELOPMENT: To allow renovations, replace and/or expand the existing buildings.

SIZE OF TRACT: 2.62 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Bed and Breakfast and accessory uses

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: Lookout Valley Area Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: No

CONSISTENT WITH COMPREHENSIVE PLAN 2030: No

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Approve, subject to:

Said property shall be used solely for bed and breakfast or single family dwellings; and
Building character to be consistent with current single family residential structure on site.

REASONS FOR RECOMMENDATION:

The request would allow for minimal expansion of said buildings, and this is not in keeping with the character of the area.



APPLICATION NO: MR-2009-104 JURISDICTION: Chattanooga Dist. #8

Hamilton County Dist. #4

APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: July 13, 2009

LOCATION: 702 East 11th Street


REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 to declare property surplus for sale or exchange.


STAFF RECOMMENDATION: Approve


REASONS FOR RECOMMENDATION:

Approval will help the City implement development plans for this area.



APPLICATION NO: MR-2009-105 JURISDICTION: Chattanooga Dist. #8

Hamilton County Dist. #4

APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: July 13, 2009

LOCATION: 740 East 12th Street


REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 to declare property surplus for sale or exchange.


STAFF RECOMMENDATION: Approve


REASONS FOR RECOMMENDATION:

Approval will help the City implement development plans for this area.


APPLICATION NO: MR-2009-107 JURISDICTION: Chattanooga Dist. #4

Hamilton County Dist #5

APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: July 13, 2009

LOCATION: 3000 Block of Hickory Valley Road


REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 to declare property surplus.


STAFF RECOMMENDATION: Approve


REASONS FOR RECOMMENDATION:

Approval will help implement development goals of the Enterprise South Industrial Park.


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