Here is the agenda and staff recommendations for the Feb. 8 meeting of the Planning Commission:
CHATTANOOGA-HAMILTON COUNTY REGIONAL PLANNING COMMISSION
FEBRUARY 8, 2010
AGENDA
chairman – Opening Comments and Announcements
II. Public Hearing and Action – Subdivision Plats
New Business
A resolution to amend the Zoning Ordinance of the City of Chattanooga, Tennessee to include modifications to Chapter 38, Division 14, Urban General Commercial Zone to include a Special Exceptions Permit for Auto-Oriented Uses
Old Business
2009-166 – Race Trac Petroleum, c/o Philip Cochran – Unopened alley located in the 300 Block of West 25th Street – City of Chattanooga – Mandatory Referral: Abandonment
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)
2010-017 – Race Trac Petroleum, c/o Philip Cochran – 2501 Cowart Street and 2306, 2500, 2516 & 2528 Broad Street – City of Chattanooga – Special Exceptions Permit for an Auto-Oriented Use as a Convenience Store with Gas Pumps
2010-015 – City of Chattanooga by City Council – 1165 Fairmount Avenue – City of Chattanooga – From R-3 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone
2010-016 – Alberta Cantrell – 2711 Benton Avenue – City of Chattanooga – From M-1 Manufacturing Zone to R-4 Special Zone
2010-022 – Deb Royal – 1409, 1411 & 1413 Adams Street – City of Chattanooga – From R-3 Residential Zone to C-3 Central Business Zone
MR-2010-025 – City of Chattanooga, c/o Dan Thornton – Areas within the Neighborhood Stabilization Program – City of Chattanooga – Mandatory Referral for the acquisition of foreclosure, distressed and abandoned properties
MR-2010-026 – City of Chattanooga, c/o Dan Thornton – Areas within the Neighborhood Stabilization Program – City of Chattanooga – Mandatory Referral to declare properties surplus that has been acquired through foreclosure and distressed properties
VI. New Business
A resolution amending the Zoning Ordinance of the City of Chattanooga, Tennessee within Chapter 38, Article V, by removing Division 27, Downtown Residential/Mixed Use District in its entirety
VII. Approval of Minutes of January 11, 2009
Staff Reports
IX. Adjourn
APPLICATION NO: 2009-166 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #4
APPLICANT: Race Trac Petroleum, c/o Philip Cochran
DATE OF PLANNING COMMISSION MEETING: November 9, 2009 (Deferred)
January 11, 2010 (Deferred)
February 8, 2010 (Action Taken)
LOCATION: Unopened alley located in the 300 Block of West 25th Street
REQUEST FOR: Abandonment of an alley
STAFF RECOMMENDATION: Deny or Defer (see reasons)
REASONS FOR RECOMMENDATION:
This case needs to be reviewed in conjunction with Case 2010-017 since they are for the same project.
The alley is physically open.
The alley would provide necessary connections for parking, utilities, garbage and other services if this area is redeveloped as a mix of commercial and residential as called for in the Downtown Plan and the South Broad Plan.
APPLICATION NO: 2010-015 JURISDICTION: Chattanooga Dist. #1
Hamilton County Dist. #6
APPLICANT: City of Chattanooga by City Council
DATE OF PLANNING COMMISSION MEETING: February 8, 2010
LOCATION: 1165 Fairmount Avenue
PRESENT ZONING: R-3 Residential Zone
REQUEST FOR: R-T/Z Residential Townhouse/Zero Lot Line Zone
PROPOSED DEVELOPMENT: Request by City Council – Resolution #26175
SIZE OF TRACT: 2.72 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Residential
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: Hill City/Northside Community Plan
CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes
CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes
ADEQUATE SITE PLAN SUBMITTED: No
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
Staff was tasked with considering the appropriateness of the R-T/Z zone as opposed to the current R-3 zone for the Fairmount Avenue property for which the Housing Authority has a development proposal. We did not have the CHA’s plans for the development and did not consider the proposal in our deliberations. We only considered the differences between the two zones as directed. It was unanimous that the R-T/Z zone is considered the more appropriate and has the lesser impact of the two zones. R-T/Z allows only twelve units per acre density as opposed to 19-20 units per acre for R-3. This means fewer units which translates into less traffic and reduced impact on the current street system which is not well suited to high density development and other infrastructure. R-T/Z also requires development of townhouses or patio homes which are intended to be sold in fee simple and, therefore, be more in keeping with the character of surrounding R-1 area. The area plan clearly indicates that high density for this site and the Grandview location is more of a recognition of the development that currently exists as opposed to a statement of appropriateness of this type of development for the overall area. It was also noted that when the property was rezoned in 1968, our staff would have not recommended for R-3 rezoning and most likely not even a townhouse zone such as R-T/Z because of the low density, single-family character of the area. Since R-1 is not an option for consideration in this case due to the history of the property, staff is compelled to recommend the R-T/Z zone as being the most appropriate and compatible zone for this property.
APPLICATION NO: 2010-016 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Alberta Cantrell
DATE OF PLANNING COMMISSION MEETING: February 8, 2010
LOCATION: 2711 Benton Avenue
PRESENT ZONING: M-1 Manufacturing Zone
REQUEST FOR: R-4 Special Zone
PROPOSED DEVELOPMENT: Assisted Living Facility
SIZE OF TRACT: .215 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residential
SURROUNDING DEVELOPMENT: Residential & Industrial
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: N/A
CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A
CONSISTENT WITH COMPREHENSIVE PLAN 2030: N/A
ADEQUATE SITE PLAN SUBMITTED: Need more information
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
The applicant is requesting the R-4 zone to be able to operate a group home for up to eight individuals requiring mental health care plus two onsite caregivers.
While the request for R-4 could be perceived as an upgrade to a more restrictive zone, the chief function of zoning laws must be considered. A zoning ordinance is generally utilized to protect the health, safety and welfare of a municipality’s citizens. In this case, the subject property is surrounded by M-1 (Heavy Manufacturing) zoning which allows a range of potentially objectionable uses. Although scattered pockets of grandfathered residential dwellings remain, most of the surrounding properties are devoted to warehousing, vehicle salvage and similar types of facilities. More importantly, much of the surrounding property is vacant which represents the potential for additional uses appropriate for the M-1 zoning already in place.
In recent decades, an attempt to integrate a mix of uses in certain urban environments has been undertaken by examining overly rigid zoning ordinances. However, in consideration for the health, safety and welfare of the community’s residents, requests for extensions of M-1 zoning in close proximity to residential zones and uses are considered very carefully and rarely approved.
In this case, the introduction of a spot of residential zoning in an area zone for heavy manufacturing would not be considering the health, welfare and safety of its residents and should not be approved.
APPLICATION NO: 2010-017 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #4
APPLICANT: Race Trac Petroleum, c/o Philip Cochran
DATE OF PLANNING COMMISSION MEETING: February 8, 2010
LOCATION: 2501 Cowart Street and 2306, 2500, 2516 & 2528 Broad Street
PRESENT ZONING: UGC Urban General Commercial Zone
REQUEST FOR: Special Exceptions Permit
PROPOSED DEVELOPMENT: Auto-Oriented Use as a Convenience Store with Gas Pumps
SIZE OF TRACT: 1.74 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Commercial
EXTENSION OF EXISTING ZONE: N/A
NAME OF COMMUNITY LAND USE PLAN: South Broad Community Plan
CONSISTENT WITH COMMUNITY LAND USE PLAN: Partially
CONSISTENT WITH COMPREHENSIVE PLAN 2030: Partially
ADEQUATE SITE PLAN SUBMITTED: Prefer different design.
STAFF RECOMMENDATION:
If the Planning Commission bases its recommendation on current provisions of the UGC zone, assuming the new guidelines will not be approved, then the staff recommendation is to deny.
REASONS FOR RECOMMENDATION:
The adopted South Broad Redevelopment Plan recommends “mixed use commercial” for this property. It also states that “new buildings should be built to the sidewalk with pedestrian entrances facing the main streets and parking to the rear.”
Auto–oriented uses are allowed in the Urban General Commercial Zone by Special Exception, however, “such projects will be required to meet the general intent of the UGC Zone, but will be given some flexibility in meeting the specific standards.” As stated in the ordinance, “the intent of the Urban General Commercial Zone is to promote traditional urban development with multi-story buildings built close to the sidewalk and a mix of uses within each site and within individual buildings.” (emphasis added) This proposal includes only a convenience store with gas pumps on an entire city block and therefore does not meet the stated intent as required.
The required building setback is zero. The submitted site plan shows a building setback of over 100 feet. The ordinance states that “canopies (over the gas pumps), whether attached or detached, are not considered part of the building or eligible as part of the calculations for setback requirements.”
A maximum building setback of 15 feet may be permitted if a street edge is provided. This street edge “shall have a minimum height of three feet and a maximum height of four feet above grade and shall consist of brick, stucco, or stone walls, decorative metal fences, cast iron or composite material. When fences are used, landscaped hedges must also be included to provide a near opaque screen. “The setback shown exceeds the maximum and the street edge shown is insufficient.
The ordinance states that “off–street parking should not be located between the building and the primary street. Parking should be located to the rear of the building. If it is physically impossible to locate parking to the rear of the building, parking may be located to the side of the building” and again a street edge is required. The submitted site plan shows parking in front of the building and there are no physical constraints of the land that require this.
If the Planning Commission bases its recommendation on the provisions of the proposed UGC regulations, assuming they will be approved by the City Council, then the staff recommendation is to defer for a period not to exceed 120 days {as required in the guidelines).
“Before a permit can be issued, the applicant must demonstrate that the project meets the general intent of these guidelines and the Urban General Commercial Zone.” As stated in the ordinance, “the intent of the Urban General Commercial Zone is to promote traditional urban development with multi-story buildings built close to the sidewalk and a mix of uses within each site and within individual buildings.” (emphasis added)
The applicant is required to submit:
Building elevations (for all sides of the building)
Site Plan, including all elements listed.
The following elements, which are not adequately addressed in the submitted site plan, should be addressed: street edge, lot coverage, location of parking, lighting, signs, stormwater facilities, and dumpster location.
APPLICATION NO: 2010-022 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Deb Royal
DATE OF PLANNING COMMISSION MEETING: February 8, 2010
LOCATION: 1409, 1411 & 1413 Adams Street
PRESENT ZONING: R-3 Residential Zone
REQUEST FOR: C-3 Central Business Zone
PROPOSED DEVELOPMENT: “To replat lots into even parcels and build single-family housing.”
SIZE OF TRACT: .24 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Residential
EXTENSION OF EXISTING ZONE: Yes
NAME OF COMMUNITY LAND USE PLAN: Downtown Plan
CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes
CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Approve, subject to:
Residential use only.
Uses Not Permitted:
Factory manufactured mobile homes constructed as a single self-contained unit and mounted on a single chassis are not permitted in the C-3 Zone.
Access and Parking:
Garages shall be located behind the primary building.
Alleys, where they exist, shall be used for vehicular access. In the absence of alleys, secondary streets should be used for vehicular access. Shared drives should be used wherever possible.
Additional curb cuts shall not be permitted on the primary streets of the downtown street grid, such as (but not limited to) Broad, Market, 4th Street, Main, McCallie, and M.L. King Boulevard.
At least one (1) pedestrian entrance shall front the street.
Setbacks:
Residential building setbacks should be consistent with the existing setbacks on the same side of the street.
REASONS FOR RECOMMENDATION:
Although Urban General Commercial (UGC) would be appropriate for this use in this area, the property is surrounded by existing C-3 zoning.
APPLICATION NO: MR-2010-025 JURISDICTION: Chattanooga Dist. #1,4,5,6,7,8,9
Hamilton County Dist. #2,4,5,6,7,8
APPLICANT: City of Chattanooga, c/o Dan Thornton
DATE OF PLANNING COMMISSION MEETING: February 8, 2010
LOCATION: Areas within the Neighborhood Stabilization Program
REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-10 for the acquisition of foreclosure, distressed and abandoned properties.
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
To meet federal guidelines for the Neighborhood Stabilization Program.
APPLICATION NO: MR-2010-026 JURISDICTION: Chattanooga Dist. #4,5,6,7,8,9
Hamilton County Dist. #2,4,5,6,7,8
APPLICANT: City of Chattanooga, c/o Dan Thornton
DATE OF PLANNING COMMISSION MEETING: February 8, 2010
LOCATION: Areas within the Neighborhood Stabilization Program
REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 to declare properties surplus that has been acquired through foreclosure and distressed properties.
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
To meet federal guidelines for the Neighborhood Stabilization Program.