posted February 28, 2008
Here is the agenda and staff recommendations for the meeting of the Planning Commission on March 10 at 1 p.m. at the County Courthouse.
CHATTANOOGA-HAMILTON COUNTY REGIONAL PLANNING COMMISSION
MARCH 10, 2008
AGENDA
I.chairman – Opening Comments and Announcements
II. Public Hearing and Action – Subdivision Plats
III.Old Business
1.2008-002 – City of Chattanooga, c/o William Payne, City Engineer – Right-of-way name change for the 1200 Block of Gifford Street - City of Chattanooga – Right-Of-Way Name Change
2.2008-033 – David L. Gardner – 4400 & 4500 Blocks of Jersey Pike – City of Chattanooga – From R-2 Residential Zone & R-1 Residential Zone to M-2 Light Industrial Zone
3.2008-036 – Betts Engineering Associates, Inc. – A portion of the 700 Block of River Gorge Drive – City of Chattanooga – Mandatory Referral: Abandonment
IV.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)
1.2008-041 – Roy L. Pelfrey – 10504 & 10512 Collins Road – Hamilton County – From A-1 Agricultural District to R-2 Urban Residential District
2.2008-042 – Christopher J. Theobold – A portion of sewer line and easement #958 located in the 1700 & 1800 Blocks of Glenroy Avenue – City of Chattanooga – Mandatory Referral: Abandonment of a Sewer Easement
3.MR-2008-043 – City of Chattanooga, c/o William Payne, City Engineer – A portion of sewer line and easement #958 located in the 1800 Block of Glenroy Avenue and the 1900 Block of Avalon Avenue – City of Chattanooga – Mandatory Referral for abandonment of part of a sewer line and easement
4.2008-044 – Kenneth D. Thurman – Unopened Public Road located on the north line of the 8100 Block of Graham Road – City of Chattanooga – Mandatory Referral: Abandonment
5.2008-045 – City of Chattanooga, c/o William Payne, City Engineer – Right-of-way name change for an unnamed alley located on the east line of Adams Street to Quincy Alley and an unnamed alley located on the west line of Jefferson Street to Zachery Alley – City of Chattanooga – Right-Of-Way Name Change
6.2008-046 – Roger B. Riemer – 709 Parsons Lane – Town of Walden – From A-1 Agricultural District to R-1 Single-Family Residential District
7.2008-047 – Roger B. Riemer – 709 Parsons Lane – Town of Walden – Special Permit for a residential lot whose only access is a private road or easement
8.2008-048 – Roger B. Riemer – 709 Parsons Lane – Town of Walden – Special Permit to build on a lot which does not have frontage on a town accepted road
9.2008-049 – Oakbrook Land Holdings, LLC, c/o William Duane Horton – 9832 East Brainerd Road – Hamilton County – From A-1 Agricultural District to C-2 Local Business Commercial District
10.2008-050 – Signature Investments, LLC – 8310, 8312 & 8316 Iris Road – City of Chattanooga – Special Exceptions Permit for a PUD
11.2008-051 – Robert Walters – 7333 Shallowford Road – City of Chattanooga – From O-1 Office Zone to C-2 Convenience Commercial Zone
12.2008-052 – Carter H. & JoAnne Schoolfield – An unnamed alley located off the east line of Wilson Avenue – Town of Walden – Mandatory Referral: Abandonment
13.2008-053 – Bob Franklin – 100 thru 300 Blocks of Dickerson Avenue – City of Chattanooga – Mandatory Referral: Abandonment
14.2008-054 – Arcadis, c/o Jay E. Floyd, PE – Two portions of the 5900 Block and the 6200 Block of Gothard Road and Wilson Road – City of Chattanooga – Mandatory Referral: Abandonment
15.2008-055 – Arcadis, c/o Jay E. Floyd, PE – Two portions of sewer line and easement #51347 and #51344 located in the 6500 Block of Grubb Road and the 5800 Block of Highway 153 – City of Chattanooga – Mandatory Referral: Abandonment of a Sewer Easement
16.2008-056 – Andrew Lancaster – 1413 North Orchard Knob Avenue – City of Chattanooga – Special Exceptions Permit for a Duplex
17.2008-057 – Andrew Lancaster – 1101 Wheeler Avenue – City of Chattanooga – Special Exceptions Permit for a Duplex
18.2008-058 – Andrew Lancaster – 901 Wheeler Avenue – City of Chattanooga – Special Exceptions Permit for a Duplex
19.2008-059 – Andrew Lancaster – 1103 Wheeler Avenue – City of Chattanooga – Special Exceptions Permit for a Duplex
20.2008-060 – Andrew Lancaster – 1409 North Orchard Knob Avenue – City of Chattanooga – Special Exceptions Permit for a Duplex
21.2008-061 – Andrew Lancaster – 1411 North Orchard Knob Avenue – City of Chattanooga – Special Exceptions Permit for a Duplex
22.2008-062 – Delta Brogdon – 6024 Talladega Avenue & 5945 Shaw Avenue – City of Chattanooga – From R-1 Residential Zone to C-2 Convenience Commercial Zone
23.2008-063 – Erik S. Vetne – 5417 Ooltewah-Ringgold Road – Hamilton County – From R-2A Rural Residential District to C-3 General Business Commercial District
24.2008-064 – Ilya Kyskin (Sixth Project, LLC) – 7610 & 7614 Standifer Gap Road – City of Chattanooga – Lift Condition of Ordinance #11925 (Case No. 2006-223)
25.2008-065 – Ilya Kyskin (Sixth Project, LLC) – 7600 Block of Standifer Gap Road – City of Chattanooga – From R-1 Residential Zone to R-3 Residential Zone & R-4 Special Zone
26.2008-066 – Keither Perry – 1700 Jefferson Street – City of Chattanooga – From R-3 Residential Zone to C-3 Central Business Zone
27.MR-2008-067 – City of Chattanooga, c/o Dan Thornton, General Services – 201 Riverfront Parkway – City of Chattanooga – Mandatory Referral to lease property
28.MR-2008-068 – City of Chattanooga, c/o Larry Zehnder, Parks & Recreation – 2453 Hickory Valley Road – City of Chattanooga – Mandatory Referral to lease property
29.2008-069 – J. Pat Williams – 4004 Oakwood Drive – City of Chattanooga – Special Permit for House Moving
V. New Business
1.A resolution to amend the Hamilton County Zoning Regulations in Article VII, Section 101 regarding building permit requirements
2.A resolution amending the Zoning Ordinance of the City of Chattanooga, Tennessee to clarify Article V, Section 1212 of the Planned Unit Development Residential Changes and Modifications Section
3.A resolution amending the Zoning Ordinance of the City of Chattanooga, Tennessee to modify the application procedure addressed in Article V, Section 1213 (3) of the Planned Unit Development residential requirements
VI. Approval of Minutes of February 11, 2008
VII.Staff Reports
VIII. Adjourn
APPLICATION NO: 2008-002 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o William Payne, City Engineer
DATE OF PLANNING COMMISSION MEETING: January 14, 2008 (Action Taken)
March 10, 2008 (Referred from City Council)
LOCATION: Right-of-way name change for the 1200 Block of Gifford Street to 1200 Block of Mister Avenue
REQUEST FOR: Right-Of-Way Name Change
STAFF RECOMMENDATION: Approve, subject to approval of City Engineer.
REASONS FOR RECOMMENDATION:
This is a duplicate street name and only one resident will be readdressed. It is also a safety issue.
This was referred back to the Planning Commission from City Council for another name.
No new name submitted as of 2/28/08.
APPLICATION NO: 2008-033 JURISDICTION: Chattanooga Dist. #5
Hamilton County Dist. #5
APPLICANT: David L. Gardner
DATE OF PLANNING COMMISSION MEETING: February 11, 2008 (Deferred)
March 10, 2008 (Action Taken)
LOCATION: 4400 & 4500 Blocks of Jersey Pike
PRESENT ZONING: R-2 Residential Zone & R-1 Residential Zone
REQUEST FOR: M-2 Light Industrial Zone
PROPOSED DEVELOPMENT: Office & Warehouse Space
SIZE OF TRACT: 2.09 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Residential & Commercial
EXTENSION OF EXISTING ZONE: Nearby
NAME OF COMMUNITY LAND USE PLAN: Highway 58 Community Plan
CONSISTENT WITH COMMUNITY LAND USE PLAN: No
CONSISTENT WITH COMPREHENSIVE PLAN 2030: No
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Deny M-2, Approve O-1 for Parcel 129I-L-013 only, subject to:
1)Type A landscape buffer to be provided;
2)Dumpster/trash pickup shall occur between the hours of 7:00 am and 9:00 pm;
3)Access shall be offset from Preservation Drive, no four-way stops; and
4)One story buildings only.
REASONS FOR RECOMMENDATION:
Even though the subject property fronts a heavily traveled industrial section of Jersey Pike, the potential for conflict with the residences on Brentwood Drive remains high due to the fact that the subject property lies substantially higher than the nearby residences on Brentwood Drive – substantially increasing the possibility for an unwanted intrusion upon the nearby residences.
The Highway 58 Community Plan recommends low-density residential uses for the property. However, the presence of warehousing and other high-intensity uses at the Bonny Oaks Industrial and Office Park on the east side of Jersey Pike make residential uses unlikely.
Although substantial parcels with M-2 zoning are present at the nearby Bonny Oaks Industrial Park, those parcels lie within a cohesive planned industrial campus; this request is outside that boundary.
To serve as a buffer between the higher-intensity uses along Jersey Pike and the residential properties along Brentwood Drive, O-1 zoning is more appropriate in this location since the adjacent property is already zoned O-1.
No buildings shall exceed one story in height.
Parcels 129J-G-002 and 129J-G-003 should not be rezoned and should remain R-1.
APPLICATION NO: 2008-036 JURISDICTION: Chattanooga Dist. #1
Hamilton County Dist. #2
APPLICANT: Betts Engineering Associates, Inc.
DATE OF PLANNING COMMISSION MEETING: February 11, 2008 (Deferred)
March 10, 2008 (Action Taken)
LOCATION: A portion of the 700 Block of River Gorge Drive
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Approve, subject to approval of City Engineer and all public utilities.
REASONS FOR RECOMMENDATION:
The intersection is being realigned to provide for free flow of traffic along River Gorge Trail, which is the busier street.
APPLICATION NO: 2008-041 JURISDICTION: Hamilton County Dist. #1
APPLICANT: Roy L. Pelfrey
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 10504 & 10512 Collins Road
PRESENT ZONING: A-1 Agricultural District
REQUEST FOR: R-2 Urban Residential District
PROPOSED DEVELOPMENT: Duplex Development
SIZE OF TRACT: 2.02 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Residential
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: Yes
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
The subject property is located in an area of single-family residential units (including mobile homes).
There are no other developments of this type near the proposed site.
R-2 zoning would create a spot zone and a precedent for more intense residential uses in an area without public sewers or public roadway access.
The prevailing character is rural single-family residential; an urban residential zone is out of character and too intense for this area.
Note that even with R-2 zoning, the applicant must apply for and receive a Special Permit from the Board of Appeals to legally construct duplexes in the County.
APPLICATION NO: 2008-042 JURISDICTION: Chattanooga Dist. #2
Hamilton County Dist. #2
APPLICANT: Christopher J. Theobold
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: A portion of sewer line and easement #958 located in the 1700 and 1800 Blocks of Glenroy Avenue
REQUEST FOR: Abandonment of a Sewer Easement
STAFF RECOMMENDATION: Approve, subject to approval of City Engineer and all public utilities.
REASONS FOR RECOMMENDATION:
This is a reasonable request in order for development to occur at site.
APPLICATION NO: MR-2008-043 JURISDICTION: Chattanooga Dist. #2
Hamilton County Dist. #2
APPLICANT: City of Chattanooga, c/o William Payne, City Engineer
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: A portion of sewer line and easement #958 located in the 1800 Block of Glenroy Avenue and the 1900 Block of Avalon Avenue
REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 for abandonment of part of a sewer line and easement.
STAFF RECOMMENDATION: Approve, subject to approval of City Engineer and all public utilities.
REASONS FOR RECOMMENDATION:
This is a reasonable request at this location if approval is confirmed by the City Engineer.
APPLICATION NO: 2008-044 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: Kenneth D. Thurman
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: Unopened Public Road located on the north line of the 8100 Block of Graham Road
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
Abandonment of the right-of-way would “landlock” several parcels prohibiting access to those properties via public right-of-way unless the landlocked parcels were combined and replatted to provide road frontage and/or access. See map for parcels potentially affected by proposed closure other than those that adjoin the requested right-of-way.
APPLICATION NO: 2008-045 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o William Payne, City Engineer
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: Right-of-way name change for an unnamed alley located on the east line of Adams Street to Quincy Alley and an unnamed alley located on the west line of Jefferson Street to Zachery Alley
REQUEST FOR: Right-Of-Way Name Change
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
The request is part of the City’s ongoing efforts to eliminate duplicate street names to improve emergency response.
APPLICATION NO: 2008-046 JURISDICTION: Town of Walden
Hamilton County Dist. #2
APPLICANT: Roger B. Riemer
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 709 Parsons Lane
PRESENT ZONING: A-1 Agricultural District
REQUEST FOR: R-1 Single-Family Residential District
PROPOSED DEVELOPMENT: To divide property (2 acre lot not permitted in A-1)
SIZE OF TRACT: 7.246 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residence
SURROUNDING DEVELOPMENT: Vacant & Residential
EXTENSION OF EXISTING ZONE: Yes
NAME OF COMMUNITY LAND USE PLAN: Walden’s Ridge Plateau Area Plan (1997)
CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes
CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
R-1 Residential zoning is adjacent to this site.
This is a reasonable request in order for residential development to occur at site.
The minimum lot area in the A-1 Agriculture Zone is 20 acres. This site is approximately 7 acres. With R-1 Residential zoning, two-acre lots can be created.
There are several lots smaller than the two acre minimum lot size allowed in the R-1 Residential zone on Parsons Lane already.
APPLICATION NO: 2008-047 JURISDICTION: Town of Walden
Hamilton County Dist. #2
APPLICANT: Roger B. Riemer
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 709 Parsons Lane
PRESENT ZONING: A-1 Agricultural District
(See Case 2008-046 for rezoning request to R-1)
REQUEST FOR: Special Permit
PROPOSED DEVELOPMENT: Residential lot whose only access is a private road or easement.
SIZE OF TRACT: 7.246 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residential
SURROUNDING DEVELOPMENT: Vacant & Residential
EXTENSION OF EXISTING ZONE: N/A
NAME OF COMMUNITY LAND USE PLAN: Walden’s Ridge Plateau Area Plan (1997)
CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes
CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
Article 3, Section 3.03 of the Walden Zoning regulations allow residential lots whose only access is by private road or easement with a Special Permit.
Parsons Lane is an existing open private road.
The applicant is proposing to create an additional lot (if rezoning to R-1 Residential is approved) that would have frontage on Parsons Lane. Although access via the unopened right-of-way adjoining this property to the north is impractical, it should be clear that approval for the Special Permit is for access from Parsons Lane.
APPLICATION NO: 2008-048 JURISDICTION: Town of Walden
Hamilton County Dist. #2
APPLICANT: Roger B. Riemer
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 709 Parsons Lane
PRESENT ZONING: A-1 Agricultural District
(See Case 2008-046 for rezoning request to R-1)
REQUEST FOR: Special Permit
PROPOSED DEVELOPMENT: Build on lot which does not have any frontage on a town-accepted road.
SIZE OF TRACT: 7.246 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residential
SURROUNDING DEVELOPMENT: Vacant & Residential
EXTENSION OF EXISTING ZONE: N/A
NAME OF COMMUNITY LAND USE PLAN: Walden’s Ridge Plateau Area Plan (1997)
CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes
CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
Article 3, Section 3.04 of the Walden Zoning regulations allows a building permit to be issued for lots whose only access is by private road or easement with a Special Permit.
This is a reasonable request in order for residential development to occur at site.
There are already homes on lots on Parsons Lane. Parsons Lane is an existing private road.
APPLICATION NO: 2008-049 JURISDICTION: Hamilton County Dist. #9
APPLICANT: Oakbrook Land Holdings, LLC, c/o William Duane Horton
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 9832 East Brainerd Road
PRESENT ZONING: A-1 Agricultural District
REQUEST FOR: C-2 Local Business Commercial District
PROPOSED DEVELOPMENT: “Development of commercial village to serve community and protect natural resources.”
SIZE OF TRACT: 14.3 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Vacant & Residential
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: No community plans are in place for this area.
CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A
CONSISTENT WITH COMPREHENSIVE PLAN 2030: No
ADEQUATE SITE PLAN SUBMITTED: Partial
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This area does not have a community plan to provide recommendations; however, the adopted East Brainerd Corridor Community Plan which addresses East Brainerd Road to the east of Ooltewah-Ringgold Road provides appropriate guidance for this location on East Brainerd Road. That plan recommends clustering medium and high intensity uses (such as this proposed commercial center) at intersections and having less intense uses in between those intersections. Staff, Planning Commission and County Commission followed this recommendation recently in approval of a commercial zone at the northeast corner of East Brainerd Road and Ooltewah-Ringgold Road. This intersection is developing as a business node because it has a roadway network to support it and provides services to communities at appropriate locations.
Community residents strongly support clustering commercial uses at nodes rather than “stripping” corridors with non-residential development. As the East Brainerd Corridor Community Plan states “The participants are not totally against retail and commercial centers along East Brainerd Road. However, most agree or strongly agree that these developments should be limited and that their locations should be carefully considered before they are allowed.” Another adopted plan for the county, the Wolftever Creek Area Plan supports development at nodes “due to the presence of adequate infrastructure, access and potential compatibility with surrounding uses.” That plan also recommends the prevention of “strip” commercial development along roadways.
One of the main concerns by staff is the precedent an approval of a commercial zone surrounded only by residential and agricultural zoning sets for the entire East Brainerd corridor (and other corridors). Approval of a commercial zone at this site does meet the definition of spot zoning: the zoning of a small area of land or parcel for a use that is substantially different from the zoned land of the surrounding area. Spot zoning in general does not violate any specific law or statute. Spot zoning is normally invalid if the permitted use is very different from the surrounding area; the area involved is small; or it can be shown that it primarily promotes the private interest of the owner rather than the general public welfare. On the other hand, it may be valid if it is made for the benefit of the community at large, as with the rezoning of corner properties for commercial use to provide services in a residential district.
Spot zoning may also be valid if a land use plan calls for such zoning changes as part of the plan’s implementation. Currently, there is no plan to support a zoning change. The adopted countywide Comprehensive Plan 2030 calls for mixed-use commercial center to be clustered at street intersections.
Retail uses are traditionally grouped in a manner that where the transportation network can adequately support the development. This section of East Brainerd Road, east of the intersection with Ooltewah-Ringgold Road, is solely a county roadway. Improvements being made to East Brainerd Road to the west of Ooltewah-Ringgold Road are funded mostly by the Tennessee Department of Transportation. Any roadway improvements that this development may trigger such as a turn lane or traffic light will be solely funded by the county. Additionally, approval of this request will most likely trigger additional requests along this corridor. As East Brainerd Road transitions from low-density residential uses to non-residential uses, all costs for improvements to address safety and access will be need to be supported by the county.
Approval of this request should be subject to the following conditions:
1)Two-story building height maximum;
2)10,000 square foot maximum building footprint for each building;
3)Northeast corner only as shown on site plan;
4)Building, landscaping and parking configuration as shown on site plat. Any changes to be approved by RPA staff; and
5)Parking plan to be approved by County Engineering Department.
APPLICATION NO: 2008-050 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: Signature Investments, LLC
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 8310, 8312 & 8316 Iris Road
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: Special Exceptions Permit
PROPOSED DEVELOPMENT: PUD – Preliminary & Final
SIZE OF TRACT: 2.79 Acres +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residential
SURROUNDING DEVELOPMENT: Residential
EXTENSION OF EXISTING ZONE: N/A
NAME OF COMMUNITY LAND USE PLAN: East Brainerd Corridor Community Land Use Plan
CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes
CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Approve as a preliminary and final Planned Unit Development simultaneously, subject to the attached PUD review.
REASONS FOR RECOMMENDATION:
This development is compatible with the surrounding residential development (particularly Hamilton Oaks Subdivision) in both comparable lot size and housing type.
APPLICATION NO: 2008-051 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: Robert Walters
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 7333 Shallowford Road
PRESENT ZONING: O-1 Office Zone
REQUEST FOR: C-2 Convenience Commercial Zone
PROPOSED DEVELOPMENT: Retail Center
SIZE OF TRACT: .99 Acres
ACCESS TO TRACT: Excellent
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Mixed Use and Office
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: Hamilton Place Community Plan
CONSISTENT WITH COMMUNITY LAND USE PLAN: No
CONSISTENT WITH COMPREHENSIVE PLAN 2030: No
ADEQUATE SITE PLAN SUBMITTED: Yes, although required landscaping not depicted.
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
The Hamilton Place Community Plan recommends an Office land use for this location.
The limit of retail development, separate from a large-scale mixed-used development, has consistently been held to property south of Shallowford Road.
Applicant proposes a “Fast Casual Restaurant” and “Retail Dental Concept” at site. A traditional professional dental office is allowed in the current O-1 zoning.
Approval of a commercial zone at this site would encourage similar requests along Shallowford Road and possibly north along Gunbarrel Road.
APPLICATION NO: 2008-052 JURISDICTION: Town of Walden
Hamilton County Dist. #2
APPLICANT: Carter H. & JoAnne Schoolfield
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: An unnamed alley located off the east line of Wilson Avenue
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Approve, subject to approval of Walden Town Engineer and all public utilities.
REASONS FOR RECOMMENDATION:
This case was reviewed using Walden’s Right-of-Way Closure and Abandonment Policy (1996). This right-of-way would qualify as a Tier 2 alley: “Rights-of-way which are not currently opened or only partially opened but which provide a limited level of service to the abutting property owners or to utilities. Applications for closure and abandonment will be accepted on Tier 2 rights-of-way and reviewed using the adopted review factors and according to the tenets of this policy.” Under the Town of Walden’s Road Closure Policy (1977), this ROW is not listed as either an “Unopened Rights-of-Way to Keep” or an “Unopened Rights-of-Way Optional”. That road closure policy was created to determine which platted rights-of-way should remain open in order to insure adequate future vehicular circulation.
This unopened alley does not extend further than Rockdale Avenue (which is an unopended right-of-way). This right-of-way does not appear to provide important connectivity for this area.
Note: The Town of Walden is encouraged to review their abandonment policy for the area east of Wilson Avenue due to the continuing number of requests in this area.
APPLICATION NO: 2008-053 JURISDICTION: Chattanooga Dist. #1 & 2
Hamilton County Dist. #4
APPLICANT: Bob Franklin
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 100 thru 300 Blocks of Dickerson Avenue
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This is a Tier 1 right-of-way: it is currently open and in use by the public. The city’s policy is that the rights-of-way will not be close unless a suitable replacement is provided.
Note: A temporary use permit may be appropriate if the full closure of this road is deemed unacceptable.
APPLICATION NO: 2008-054 JURISDICTION: Chattanooga Dist. #3
Hamilton County Dist. #1
APPLICANT: Arcadis, c/o Jay E. Floyd, PE
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: Two portions of the 5900 Block and the 6200 Block of Gothard Road and Wilson Road
REQUEST FOR: Abandonment
STAFF RECOMMENDATION: Approve, subject to:
1)Approval of City Engineer and all public utilities; and
2)Submittal and approval of a subdivision plat combining the parcels into one overall site/parcel.
REASONS FOR RECOMMENDATION:
The closure and abandonment is a reasonable request for the re-development of the proposed site.
Gothard Road and the unnamed right-of-way, as existing today, is located within an area that is proposed to be consolidated into one 59 acre site/tract proposed to be re-developed as a commercial shopping center.
As of today, a revised or subdivision plat has not been submitted and approved, which would combine the area into one overall 59 acre site/tract of re-developable land.
The entire site/tract, as indicated on an approved site plan, will have egress and ingress from two access points along Highway 153; therefore, Gothard Road will no longer be required to for access.
Currently, Gothard Road and the unnamed right-of-way connect to Grubb Road. The approval of the closure and abandonment of Gothard Road and the unnamed right-of-way would ensure that the proposed commercial shopping center development would not be accessed from Grubb Road.
APPLICATION NO: 2008-055 JURISDICTION: Chattanooga Dist. #3
Hamilton County Dist. #1
APPLICANT: Arcadis, c/o Jay E. Floyd, PE
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: Two portions of sewer line and easement #51347 and #51344 located in the 6500 Block of Grubb Road and the 5800 Block of Highway 153
REQUEST FOR: Abandonment of a Sewer Easement
STAFF RECOMMENDATION: Approve, subject to:
1)Approval of City Engineer and all public utilities; and
2)Submittal and approval of a subdivision plat combining the parcels into one overall site/parcel.
REASONS FOR RECOMMENDATION:
The abandonment of the sewer easements is a reasonable request for the re-development of the proposed site to occur.
The existing sewer easements, as shown on the existing site plan are located within an area that is proposed to be consolidated into an overall 59 acre site/tract proposed to be re- developed as a commercial shopping center.
As of today, a revised or subdivision plat has not been submitted and approved, which would combine the area into one overall 59 acre site/tract of re-developable land.
The proposed re-development of the site should include new sewer locations and sewer easements when the commercial shopping center is developed.
APPLICATION NO: 2008-056 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Andrew Lancaster
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 1413 North Orchard Knob Avenue
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: Special Exceptions Permit
PROPOSED DEVELOPMENT: Duplex rehab
SIZE OF TRACT: .111 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant Duplex
SURROUNDING DEVELOPMENT: Residential
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: Avondale Neighborhood Plan;
Avondale Zoning Study
CONSISTENT WITH COMMUNITY LAND USE PLAN: No
CONSISTENT WITH COMPREHENSIVE PLAN 2030: No
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This property lies within the boundaries of the Avondale Neighborhood Plan and the Avondale Zoning Study. Both studies were adopted in 2004. According to Hamilton County property tax records, the subject property last changed ownership in December 2007 which is more than three years after the zoning changes recommended in the Zoning Study became effective.
Extensive R-2 zoning in the neighborhood as well as the accompanying proliferation of duplexes dating to the late 1950’s were cited as primary concerns as the plans were formulated and adopted by the Planning Commission and Chattanooga City Council. Although single-family properties and R-1 zoning do not guarantee the absence of property neglect and crime, the neighborhood association made it clear that the overabundance of rental duplexes tends to attract crime and city codes enforcement issues.
Before the zoning study was adopted by the City of Chattanooga in October 2004, over 99 percent of the parcels were zoned R-2 or R-3, even though 78% of the area was used for single-family detached residences. At the same time, the 300 parcels used for duplexes constituted 20% of all residential uses in Avondale. The percentage of duplex housing in Avondale when compared to Oak Grove (5%), East Chattanooga (3%) and the Rossville Boulevard area (5%), far and away outstrips other similar neighborhoods. This land use analysis supported the neighborhood’s claims that the Avondale community has an inordinate number of duplexes.
Working in tandem with the Avondale Neighborhood Plan, the Avondale Zoning Study sought to reduce the likelihood that additional duplexes would be constructed without the benefit of a public hearing. The Avondale Neighborhood Plan highlighted those areas within the study boundary that were most appropriate for various types of development. The subject property falls within the “Single Family Detached” classification which delineates those areas where single-family housing should be encouraged and protected during the course of future zoning actions.
The language for the Special Exceptions Permit to allow a two-family dwelling in the R-1 Residential Zone was added in November 2007 to allow redevelopment of certain two-family dwellings under specific conditions that must be met. Those conditions are:
(1) The request is consistent with the adopted plans for the area.
(2) The request is consistent with the zoning study that rezoned requested property from R-2 Residential to R-1 Residential.
(3) Issuance of a permit will benefit a neighborhood by encouraging an increase in investment in the property.
The purpose of the Neighborhood Plan and subsequent zoning study was to reduce the density of duplexes within the Avondale neighborhood. Abandoned, destroyed and condemned properties were to be replaced with single-family dwellings. Although rehabilitation of existing duplexes will add some investment to the community, the neighborhood generally opposes any additional investment in two-family dwellings. Because this proposal does not meet all three conditions outlined above, the request should not be granted.
APPLICATION NO: 2008-057 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Andrew Lancaster
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 1101 Wheeler Avenue
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: Special Exceptions Permit
PROPOSED DEVELOPMENT: Duplex rehab
SIZE OF TRACT: .1435 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant Duplex
SURROUNDING DEVELOPMENT: Residential
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: Avondale Neighborhood Plan;
Avondale Zoning Study
CONSISTENT WITH COMMUNITY LAND USE PLAN: No
CONSISTENT WITH COMPREHENSIVE PLAN 2030: No
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This property lies within the boundaries of the Avondale Neighborhood Plan and the Avondale Zoning Study. Both studies were adopted in 2004. According to Hamilton County property tax records, the subject property last changed ownership in December 2007 which is more than three years after the zoning changes recommended in the Zoning Study became effective.
Extensive R-2 zoning in the neighborhood as well as the accompanying proliferation of duplexes dating to the late 1950’s were cited as primary concerns as the plans were formulated and adopted by the Planning Commission and Chattanooga City Council. Although single-family properties and R-1 zoning do not guarantee the absence of property neglect and crime, the neighborhood association made it clear that the overabundance of rental duplexes tends to attract crime and city codes enforcement issues.
Before the zoning study was adopted by the City of Chattanooga in October 2004, over 99 percent of the parcels were zoned R-2 or R-3, even though 78% of the area was used for single-family detached residences. At the same time, the 300 parcels used for duplexes constituted 20% of all residential uses in Avondale. The percentage of duplex housing in Avondale when compared to Oak Grove (5%), East Chattanooga (3%) and the Rossville Boulevard area (5%), far and away outstrips other similar neighborhoods. This land use analysis supported the neighborhood’s claims that the Avondale community has an inordinate number of duplexes.
Working in tandem with the Avondale Neighborhood Plan, the Avondale Zoning Study sought to reduce the likelihood that additional duplexes would be constructed without the benefit of a public hearing. The Avondale Neighborhood Plan highlighted those areas within the study boundary that were most appropriate for various types of development. The subject property falls within the “Single Family Detached” classification which delineates those areas where single-family housing should be encouraged and protected during the course of future zoning actions.
The language for the Special Exceptions Permit to allow a two-family dwelling in the R-1 Residential Zone was added in November 2007 to allow redevelopment of certain two-family dwellings under specific conditions that must be met. Those conditions are:
(1) The request is consistent with the adopted plans for the area.
(2) The request is consistent with the zoning study that rezoned requested property from R-2 Residential to R-1 Residential.
(3) Issuance of a permit will benefit a neighborhood by encouraging an increase in investment in the property.
The purpose of the Neighborhood Plan and subsequent zoning study was to reduce the density of duplexes within the Avondale neighborhood. Abandoned, destroyed and condemned properties were to be replaced with single-family dwellings. Although rehabilitation of existing duplexes will add some investment to the community, the neighborhood generally opposes any additional investment in two-family dwellings. Because this proposal does not meet all three conditions outlined above, the request should not be granted.
APPLICATION NO: 2008-058 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Andrew Lancaster
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 901 Wheeler Avenue
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: Special Exceptions Permit
PROPOSED DEVELOPMENT: Duplex rehab
SIZE OF TRACT: .1423 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant Duplex
SURROUNDING DEVELOPMENT: Residential
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: Avondale Neighborhood Plan;
Avondale Zoning Study
CONSISTENT WITH COMMUNITY LAND USE PLAN: No
CONSISTENT WITH COMPREHENSIVE PLAN 2030: No
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This property lies within the boundaries of the Avondale Neighborhood Plan and the Avondale Zoning Study. Both studies were adopted in 2004. According to Hamilton County property tax records, the subject property last changed ownership in December 2007 which is more than three years after the zoning changes recommended in the Zoning Study became effective.
Extensive R-2 zoning in the neighborhood as well as the accompanying proliferation of duplexes dating to the late 1950’s were cited as primary concerns as the plans were formulated and adopted by the Planning Commission and Chattanooga City Council. Although single-family properties and R-1 zoning do not guarantee the absence of property neglect and crime, the neighborhood association made it clear that the overabundance of rental duplexes tends to attract crime and city codes enforcement issues.
Before the zoning study was adopted by the City of Chattanooga in October 2004, over 99 percent of the parcels were zoned R-2 or R-3, even though 78% of the area was used for single-family detached residences. At the same time, the 300 parcels used for duplexes constituted 20% of all residential uses in Avondale. The percentage of duplex housing in Avondale when compared to Oak Grove (5%), East Chattanooga (3%) and the Rossville Boulevard area (5%), far and away outstrips other similar neighborhoods. This land use analysis supported the neighborhood’s claims that the Avondale community has an inordinate number of duplexes.
Working in tandem with the Avondale Neighborhood Plan, the Avondale Zoning Study sought to reduce the likelihood that additional duplexes would be constructed without the benefit of a public hearing. The Avondale Neighborhood Plan highlighted those areas within the study boundary that were most appropriate for various types of development. The subject property falls within the “Low Density Residential” classification which delineates those areas where single-family detached residences should predominate, though other forms such as townhouses and two-family dwellings may be appropriate.
The language for the Special Exceptions Permit to allow a two-family dwelling in the R-1 Residential Zone was added in November 2007 to allow redevelopment of certain two-family dwellings under specific conditions that must be met. Those conditions are:
(1) The request is consistent with the adopted plans for the area.
(2) The request is consistent with the zoning study that rezoned requested property from R-2 Residential to R-1 Residential.
(3) Issuance of a permit will benefit a neighborhood by encouraging an increase in investment in the property.
The purpose of the Neighborhood Plan and subsequent zoning study was to reduce the density of duplexes within the Avondale neighborhood. Abandoned, destroyed and condemned properties were to be replaced with single-family dwellings. Although rehabilitation of existing duplexes will add some investment to the community, the neighborhood generally opposes any additional investment in two-family dwellings. Because this proposal does not meet all three conditions outlined above, the request should not be granted.
APPLICATION NO: 2008-059 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Andrew Lancaster
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 1103 Wheeler Avenue
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: Special Exceptions Permit
PROPOSED DEVELOPMENT: Duplex rehab
SIZE OF TRACT: .1435 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant Duplex
SURROUNDING DEVELOPMENT: Residential
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: Avondale Neighborhood Plan;
Avondale Zoning Study
CONSISTENT WITH COMMUNITY LAND USE PLAN: No
CONSISTENT WITH COMPREHENSIVE PLAN 2030: No
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This property lies within the boundaries of the Avondale Neighborhood Plan and the Avondale Zoning Study. Both studies were adopted in 2004. According to Hamilton County property tax records, the subject property last changed ownership in December 2007 which is more than three years after the zoning changes recommended in the Zoning Study became effective.
Extensive R-2 zoning in the neighborhood as well as the accompanying proliferation of duplexes dating to the late 1950’s were cited as primary concerns as the plans were formulated and adopted by the Planning Commission and Chattanooga City Council. Although single-family properties and R-1 zoning do not guarantee the absence of property neglect and crime, the neighborhood association made it clear that the overabundance of rental duplexes tends to attract crime and city codes enforcement issues.
Before the zoning study was adopted by the City of Chattanooga in October 2004, over 99 percent of the parcels were zoned R-2 or R-3, even though 78% of the area was used for single-family detached residences. At the same time, the 300 parcels used for duplexes constituted 20% of all residential uses in Avondale. The percentage of duplex housing in Avondale when compared to Oak Grove (5%), East Chattanooga (3%) and the Rossville Boulevard area (5%), far and away outstrips other similar neighborhoods. This land use analysis supported the neighborhood’s claims that the Avondale community has an inordinate number of duplexes.
Working in tandem with the Avondale Neighborhood Plan, the Avondale Zoning Study sought to reduce the likelihood that additional duplexes would be constructed without the benefit of a public hearing. The Avondale Neighborhood Plan highlighted those areas within the study boundary that were most appropriate for various types of development. The subject property falls within the “Single Family Detached” classification which delineates those areas where single-family housing should be encouraged and protected during the course of future zoning actions.
The language for the Special Exceptions Permit to allow a two-family dwelling in the R-1 Residential Zone was added in November 2007 to allow redevelopment of certain two-family dwellings under specific conditions that must be met. Those conditions are:
(1) The request is consistent with the adopted plans for the area.
(2) The request is consistent with the zoning study that rezoned requested property from R-2 Residential to R-1 Residential.
(3) Issuance of a permit will benefit a neighborhood by encouraging an increase in investment in the property.
The purpose of the Neighborhood Plan and subsequent zoning study was to reduce the density of duplexes within the Avondale neighborhood. Abandoned, destroyed and condemned properties were to be replaced with single-family dwellings. Although rehabilitation of existing duplexes will add some investment to the community, the neighborhood generally opposes any additional investment in two-family dwellings. Because this proposal does not meet all three conditions outlined above, the request should not be granted.
APPLICATION NO: 2008-060 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Andrew Lancaster
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 1409 North Orchard Knob Avenue
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: Special Exceptions Permit
PROPOSED DEVELOPMENT: Duplex rehab
SIZE OF TRACT: .1046 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant Duplex
SURROUNDING DEVELOPMENT: Residential
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: Avondale Neighborhood Plan;
Avondale Zoning Study
CONSISTENT WITH COMMUNITY LAND USE PLAN: No
CONSISTENT WITH COMPREHENSIVE PLAN 2030: No
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This property lies within the boundaries of the Avondale Neighborhood Plan and the Avondale Zoning Study. Both studies were adopted in 2004. According to Hamilton County property tax records, the subject property last changed ownership in December 2007 which is more than three years after the zoning changes recommended in the Zoning Study became effective.
Extensive R-2 zoning in the neighborhood as well as the accompanying proliferation of duplexes dating to the late 1950’s were cited as primary concerns as the plans were formulated and adopted by the Planning Commission and Chattanooga City Council. Although single-family properties and R-1 zoning do not guarantee the absence of property neglect and crime, the neighborhood association made it clear that the overabundance of rental duplexes tends to attract crime and city codes enforcement issues.
Before the zoning study was adopted by the City of Chattanooga in October 2004, over 99 percent of the parcels were zoned R-2 or R-3, even though 78% of the area was used for single-family detached residences. At the same time, the 300 parcels used for duplexes constituted 20% of all residential uses in Avondale. The percentage of duplex housing in Avondale when compared to Oak Grove (5%), East Chattanooga (3%) and the Rossville Boulevard area (5%), far and away outstrips other similar neighborhoods. This land use analysis supported the neighborhood’s claims that the Avondale community has an inordinate number of duplexes.
Working in tandem with the Avondale Neighborhood Plan, the Avondale Zoning Study sought to reduce the likelihood that additional duplexes would be constructed without the benefit of a public hearing. The Avondale Neighborhood Plan highlighted those areas within the study boundary that were most appropriate for various types of development. The subject property falls within the “Single Family Detached” classification which delineates those areas where single-family housing should be encouraged and protected during the course of future zoning actions.
The language for the Special Exceptions Permit to allow a two-family dwelling in the R-1 Residential Zone was added in November 2007 to allow redevelopment of certain two-family dwellings under specific conditions that must be met. Those conditions are:
(1) The request is consistent with the adopted plans for the area.
(2) The request is consistent with the zoning study that rezoned requested property from R-2 Residential to R-1 Residential.
(3) Issuance of a permit will benefit a neighborhood by encouraging an increase in investment in the property.
The purpose of the Neighborhood Plan and subsequent zoning study was to reduce the density of duplexes within the Avondale neighborhood. Abandoned, destroyed and condemned properties were to be replaced with single-family dwellings. Although rehabilitation of existing duplexes will add some investment to the community, the neighborhood generally opposes any additional investment in two-family dwellings. Because this proposal does not meet all three conditions outlined above, the request should not be granted.
APPLICATION NO: 2008-061 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Andrew Lancaster
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 1411 North Orchard Knob Avenue
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: Special Exceptions Permit
PROPOSED DEVELOPMENT: Duplex rehab
SIZE OF TRACT: .1079 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant Duplex
SURROUNDING DEVELOPMENT: Residential
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: Avondale Neighborhood Plan;
Avondale Zoning Study
CONSISTENT WITH COMMUNITY LAND USE PLAN: No
CONSISTENT WITH COMPREHENSIVE PLAN 2030: No
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
This property lies within the boundaries of the Avondale Neighborhood Plan and the Avondale Zoning Study. Both studies were adopted in 2004. According to Hamilton County property tax records, the subject property last changed ownership in December 2007 which is more than three years after the zoning changes recommended in the Zoning Study became effective.
Extensive R-2 zoning in the neighborhood as well as the accompanying proliferation of duplexes dating to the late 1950’s were cited as primary concerns as the plans were formulated and adopted by the Planning Commission and Chattanooga City Council. Although single-family properties and R-1 zoning do not guarantee the absence of property neglect and crime, the neighborhood association made it clear that the overabundance of rental duplexes tends to attract crime and city codes enforcement issues.
Before the zoning study was adopted by the City of Chattanooga in October 2004, over 99 percent of the parcels were zoned R-2 or R-3, even though 78% of the area was used for single-family detached residences. At the same time, the 300 parcels used for duplexes constituted 20% of all residential uses in Avondale. The percentage of duplex housing in Avondale when compared to Oak Grove (5%), East Chattanooga (3%) and the Rossville Boulevard area (5%), far and away outstrips other similar neighborhoods. This land use analysis supported the neighborhood’s claims that the Avondale community has an inordinate number of duplexes.
Working in tandem with the Avondale Neighborhood Plan, the Avondale Zoning Study sought to reduce the likelihood that additional duplexes would be constructed without the benefit of a public hearing. The Avondale Neighborhood Plan highlighted those areas within the study boundary that were most appropriate for various types of development. The subject property falls within the “Single Family Detached” classification which delineates those areas where single-family housing should be encouraged and protected during the course of future zoning actions.
The language for the Special Exceptions Permit to allow a two-family dwelling in the R-1 Residential Zone was added in November 2007 to allow redevelopment of certain two-family dwellings under specific conditions that must be met. Those conditions are:
(1) The request is consistent with the adopted plans for the area.
(2) The request is consistent with the zoning study that rezoned requested property from R-2 Residential to R-1 Residential.
(3) Issuance of a permit will benefit a neighborhood by encouraging an increase in investment in the property.
The purpose of the Neighborhood Plan and subsequent zoning study was to reduce the density of duplexes within the Avondale neighborhood. Abandoned, destroyed and condemned properties were to be replaced with single-family dwellings. Although rehabilitation of existing duplexes will add some investment to the community, the neighborhood generally opposes any additional investment in two-family dwellings. Because this proposal does not meet all three conditions outlined above, the request should not be granted.
APPLICATION NO: 2008-062 JURISDICTION: Chattanooga Dist. #6
Hamilton County Dist. #5
APPLICANT: Delta Brogdon
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 6024 Talladega Avenue & 5945 Shaw Avenue
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: C-2 Convenience Commercial Zone
PROPOSED DEVELOPMENT: Assisted Living Facility, Laundry Facility, Small Engine Repair, etc…
SIZE OF TRACT: .5109 Acres
ACCESS TO TRACT: Good – Fronts Airport Connector – Access by way of Shaw Avenue
SITE CHARACTERISTICS: Single-Family Structure
SURROUNDING DEVELOPMENT: Single-Family Residential & Commercial
EXTENSION OF EXISTING ZONE: Yes
NAME OF COMMUNITY LAND USE PLAN: Shepherd Community Land Use Plan
CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes
CONSISTENT WITH COMPREHENSIVE PLAN 2030: N/A
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Defer so that applicant can schedule a pre-submittal meeting with the Land Development Office to address the issues/concerns as stated within the recommendation.
REASONS FOR RECOMMENDATION:
The pre-submittal process would allow the applicant the opportunity to meet with the Land Development Office to address the following issues/concerns that may be associated with the proposed development of the site.
1.Per the landscape requirements, Type “B” landscaping would be required along any property line abutting a low density residential zone (R-1 Zone). Type “B” landscaping consists of a twenty (20’) foot deep landscape yard along the shared property line between the proposed C-2 zone and the existing residential zone (R-1). The site plan as submitted does not indicate any proposed landscaping between the proposed commercial zone and the adjacent R-1 zone. A revised site plan should be submitted indicating the location of the proposed buffering/landscaping.
2. The applicant should be as specific as possible with regards to the proposed use of the site.
The application stated that one of the proposed uses of the site was an assisted living facility. An assisted living facility is not a permitted use within the C-2 zone. Assisted living facilities are permitted uses within the following zones: R-1, R-2, R-3, and the R-4 zones. If the proposed use of the property is for an assisted living facility, there would be no required zoning change since the property is zoned R-1 and an assisted living facility is a permitted use in the R-1 zone.
3.Per the site plan as submitted with the application, access to the site should be limited to Shaw Avenue. There should be no direct ingress/egress to the site from either Airport Connector Road or Talladega Avenue.
The recently adopted Shepherd Community Land Use Plan recommends Medium Business Mix for those parcels fronting Airport Connector Road and Light Business Mix for those areas adjacent to the Medium Business Mix to serve as a transitional/buffer area between the high intensity commercial uses and the adjacent single-family residential areas.
The Medium Business Mix would typically include any of the permitted uses stated within the neighborhood and convenience commercial zones (C-5 & C-2), office (O-1 & R-4), and high-density residential type uses.
The Light Business Mix would typically include any of the permitted uses stated within the neighborhood commercial, office, and medium-density residential uses.
APPLICATION NO: 2008-063 JURISDICTION: Hamilton County Dist. #9
APPLICANT: Erik S. Vetne
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 5417 Ooltewah-Ringgold Road
PRESENT ZONING: R-2A Rural Residential District
REQUEST FOR: C-3 General Business Commercial District
PROPOSED DEVELOPMENT: Proposed Art Gallery/Pottery Studio
SIZE OF TRACT: 1 Acre +
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Single-Family Residence
SURROUNDING DEVELOPMENT: Single-Family Residences & Mini-Warehouse Storage
EXTENSION OF EXISTING ZONE: No
NAME OF COMMUNITY LAND USE PLAN: Wolftever Creek Area Plan
CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes
CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Approve, subject to:
1) Pottery studio/art gallery only
2) No back-out parking on Ooltewah-Ringgold Road
3) Dumpster shall not be accessed from the private road easement
4) 10 feet deep (as measured towards the interior of the property) landscape yard along the shared north, west, and south property lines (except where parking or access drives are located) planted with evergreen trees spaced a maximum of ten (10) feet on-center or two (2) staggered rows (spaced a maximum of seven (7) feet apart) of shrubs spaced a maximum of eight (8) feet on-center.
REASONS FOR RECOMMENDATION:
This site is contained in the recommendation for Traditional Neighborhood Development (TND) in the Wolftever Creek Area Plan. The nature of this area is more similar to the Old Town of Ooltewah (although separated from it by the railroad crossing) than to Collegedale to the south. The recommendation for the TND encourages a “concentrated mix of non-residential and residential sues of a compatible scale” and that if be a primary residential character with a mix of uses. Although this property is physically separated from the rest of Old Town Ooltewah, this recommendation still seems appropriate.
Additionally, the M-1 Manufacturing zoning across the street and the current use as mini-warehouse storage makes this location less desirable as a residence.
As the C-3 General Business Commercial District allows most any business of a retail wholesale type and most light manufacturing, this request is recommended for approval of the proposed use of art gallery/pottery studio only in order that this site remain compatible with the remaining residences and to address the limited amount of space for parking and the access on a private road easement.
APPLICATION NO: 2008-064 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: Ilya Kyskin (Sixth Project, LLC)
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 7610 & 7614 Standifer Gap Road
PRESENT ZONING: R-3 Residential Zone with conditions
REQUEST FOR: Lift Condition of Ordinance #11925 (Case No. 2006-233) [18 du/acre]
PROPOSED DEVELOPMENT: Multi-Family Dwellings
SIZE OF TRACT: 7.3 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residential
SURROUNDING DEVELOPMENT: Multi-Family Residential & Residential
STAFF RECOMMENDATION: Deny
REASONS FOR RECOMMENDATION:
In December of 2006, when staff originally reviewed this request, staff recommended approval at 12 du/acre and internal traffic calming as approved by the City Traffic Engineer. The reason made for the recommendation was:
The Hamilton Place Community plan recommends low to medium density at this location. However, this specific site is an appropriate location for higher-density housing because it is across from Silverdale Workhouse and adjacent to an existing R-3 zoned property used for apartment homes.
The density of this proposed project is very high at 23 dwelling units per acre. This is substantially higher than the density of the existing, adjacent apartment complex which is 12 dwelling units an acre.
The density of apartment complexes in the area:
Shallowford Trace on Shallowford Road: 252 units/14.01 acres= 18 du/acre
Hamilton Chase on Gunbarrel Road: 300 units/22.26 acres= 13.5 du/acre
Villas at Oak Crest at Standifer Gap Road and Lee Highway: 208 units/14.11 acres= 14.7 du/acre
Standifer Place on Jenkins Road: 240 units/26.5 acres= 9.1 du/acre
Oak Crest Apartments at Standifer Gap Road and Lee Highway: 340 units/17.81= 19.1 du/acre
This request was approved at 18 du/acre and staff does not recommend increasing the density further as this development will additionally negatively impact roadway function on Standifer Gap Road which does not have a turn lane.
Additionally, applicant can not achieve the requested density for the overall site (which includes the adjacent property which is Case 1008-065) which varies on the request form and the site plan.
APPLICATION NO: 2008-065 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: Ilya Dyskin (Sixth Project, LLC)
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 7600 Block of Standifer Gap Road
PRESENT ZONING: R-1 Residential Zone
REQUEST FOR: R-3 Residential Zone & R-4 Special Zone
PROPOSED DEVELOPMENT: Multi-Family Dwellings & Office
SIZE OF TRACT: 13.2 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residential
SURROUNDING DEVELOPMENT: Multi-Family Residential & Residential
EXTENSION OF EXISTING ZONE: Yes
NAME OF COMMUNITY LAND USE PLAN: Hamilton Place Community Land Use Plan
CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A
CONSISTENT WITH COMPREHENSIVE PLAN 2030: N/A
ADEQUATE SITE PLAN SUBMITTED: N/A
STAFF RECOMMENDATION: Deny R-4 portion; Approve R-3 portion, subject to:
1)Maximum of 12 du/acre;
2)Internal traffic calming measures as determ, ined by the City Traffic Engineer;
3)No backout parking onto north/south internal streets;
4)Maximum building height of three stories;
5)Type A landscaping per the provisions of the City of Chattanooga landscape ordinance; and
6)Minimum 40’ building setback from external property lines.
REASONS FOR RECOMMENDATION:
The Hamilton Place Community plan recommends low to medium density at this location. However, this specific site is an appropriate location for higher-density housing because it is across from Silverdale Workhouse and adjacent to an existing R-3 zoned property used for apartment homes.
The density of this proposed project is very high at 20+ dwelling units per acre. This is substantially higher than the density of the existing, adjacent apartment complex which is 12 dwelling units an acre and reflects a density that is not achievable in the R-3 Residential Zone.
The density of apartment complexes in the area:
Shallowford Trace on Shallowford Road: 252 units/14.01 acres= 18 du/acre
Hamilton Chase on Gunbarrel Road: 300 units/22.26 acres= 13.5 du/acre
Villas at Oak Crest at Standifer Gap Road and Lee Highway: 208 units/14.11 acres= 14.7 du/acre
Standifer Place on Jenkins Road: 240 units/26.5 acres= 9.1 du/acre
Oak Crest Apartments at Standifer Gap Road and Lee Highway: 340 units/17.81= 19.1 du/acre
Staff recommends a density more in keeping with the density of the existing neighboring apartment complex (12 du/a) and more compatible with the adjoining Applebrook subdivision. Additionally a lower density and subsequent lower trip generation from this site will better address the impact of traffic on Standifer Gap Road which does not have a turn lane.
The request exceeds the maximum density allowable under the R-3 Residential Zone. If the applicant seeks to achieve the maximum density allowed by the zone, the property under this request (approximately 12.6 acres) would roughly be around 252 units. At the recommended 12 du/a, the maximum allowable number of units is closer to 150 units.
Staff recommends denial of the R-4 Special Zone as an apartment complex office does not require this zoning and rezoning of this nature would set a precedent in this area.
APPLICATION NO: 2008-066 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #4
APPLICANT: Keither Perry
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 1700 Jefferson Street
PRESENT ZONING: R-3 Residential Zone
REQUEST FOR: C-3 Central Business Zone
PROPOSED DEVELOPMENT: Single-Family Residential
SIZE OF TRACT: .0824 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Vacant
SURROUNDING DEVELOPMENT: Single-Family Residential & Park
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 C-3, subject to:
1)Single-family detached residential only;
2)Permitted uses are as follows: single family dwelling units; two family dwelling units, multiple family dwelling units, and townhouses.
3)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.
4) Access and Parking:
Garages shall be located behind the primary building. Garage doors shall not front the primary street.
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.
5) Setbacks:
Residential building setbacks should be consistent with the existing setbacks on the same side of the street.
REASONS FOR RECOMMENDATION:
While an “urban residential” zone would make more sense for this case, we don’t have such a zone available yet, so C-3 Residential with conditions is the best option to allow urban setbacks consistent with the surrounding development.
NOTE: Variance for side setback will be needed from the Board of Appeals before home can be constructed as shown on site plan.
APPLICATION NO: MR-2008-067 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o Dan Thornton, General Services
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 201 Riverfront Parkway
REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 to lease property.
STAFF RECOMMENDATION: Approve, subject to:
Access and Parking:
1)Any parking fronting a public street shall be screened along the public right-of-way as described below.
A wall or a combination of fence and hedge with a minimum height of three feet and a maximum height of four feet above grade.
This edge shall consist of brick, stucco, or stone walls (concrete block can only be used when faced with said materials), decorative metal fences, cast iron, or composite material. When fences are used, landscaped hedges must also be included. Highway-style guardrails or security fencing (e.g. chain link) shall not be permitted.
2)Landscaping
To achieve the city’s goal of a 15% tree canopy cover in the downtown, surface parking lots shall be landscaped with a minimum of one tree for every five parking spaces.
REASONS FOR RECOMMENDATION:
These conditions are consistent with all C-3 rezonings in the downtown.
APPLICATION NO: MR-2008-068 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: City of Chattanooga, c/o Larry Zehnder, Parks & Recreation
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 2453 Hickory Valley Road
REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 to lease property.
STAFF RECOMMENDATION: Approve, subject to approval by Director of Parks & Recreation.
REASONS FOR RECOMMENDATION:
This is an appropriate use at this site and development of this nature adjoins the proposed location.
APPLICATION NO: 2008-069 JURISDICTION: Chattanooga Dist. #3
Hamilton County Dist. #4
APPLICANT: J. Pat Williams
DATE OF PLANNING COMMISSION MEETING: March 10, 2008
LOCATION: 4004 Oakwood Drive
PRESENT ZONING: R-3 Residential Zone
REQUEST FOR: Special Permit
PROPOSED DEVELOPMENT: House Moving (HB840) – change brick front to siding
SIZE OF TRACT: .5145 Acres
ACCESS TO TRACT: Good
SITE CHARACTERISTICS: Residence
SURROUNDING DEVELOPMENT: Residential, Commercial & Vacant
EXTENSION OF EXISTING ZONE: N/A
NAME OF COMMUNITY LAND USE PLAN: Highway 58 Community Plan
CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes
CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes
ADEQUATE SITE PLAN SUBMITTED: Yes
STAFF RECOMMENDATION: Approve
REASONS FOR RECOMMENDATION:
The house is not located within a “Neighborhood”.
The house is an improvement of the previously vacant and debris covered site.
The house is compatible with other nearby residences and businesses.
NOTE: It is recommended that Hardy Board be used for siding instead of Vinyl to achieve desired look.
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