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November 21, 2009
  
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Agenda And Staff Recommendations For The Planning Commission April 13
posted April 2, 2009

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

AGENDA

I. Chairman – Opening Comments and Announcements

II. Public Hearing and Action – Subdivision Plats

III. Old Business

1. 2008-116 – William W. Wise, c/o Ronald Feldman – 120 Market Street – City of Chattanooga – From M-1 Manufacturing Zone & R-4 Special Zone to C-3 Central Business Zone

2. 2008-215 – Don Walker – 1100 Block of Hurricane Creek Road – Hamilton County – From A-1 Agricultural District, R-2A Rural Residential District & C-2 Local Business Commercial District

3. 2008-216 – Don Walker – 4600 Block of Heiskell Drive – City of Chattanooga – Special Exceptions Permit for a PUD (amended request)

4. 2008-217 – Don Walker – 6467 Ooltewah-Georgetown Road – Hamilton County – Special Exceptions Permit for a PUD (amended request)

5. 2009-037 – Chattanooga Metropolitan Church, c/o Pamela Ammons – 1063 Shallowford Road – City of Chattanooga – From R-1 Residential Zone to C-2 Convenience Commercial Zone

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. 2009-040 – Tracy Sullivan – 2701 Lee Pike – Hamilton County – Special Permit: Single Wide Manufactured Home

2. 2009-049 – Jonathan Griffin – 1740 Ocoee Street – City of Chattanooga – Special Exceptions Permit for a Duplex in an R-1 Zone

3. 2009-053 – James W. Morrison, III – 2600 Block of Eagle Creek Way – Hamilton County – From A-1 Agricultural District to R-1 Single-Family Residential District

4. 2009-054 – Joe E. Manuel, Attorney for Montlake Classic Clays, LLC – 2009, 2101 & 2105 Mowbray Pike – Hamilton County – Special Permit for an Outdoor Shooting Range/Skeet/Trap/Sporting Clays

5. 2009-055 – Rhonda Watkins – 805 Mountain Creek Road – City of Chattanooga – From R-2 Residential Zone to R-4 Special Zone

6. 2009-056 – Atlas Developers, LLC – 1600-1800 Block of Andover Place – City of Chattanooga – Special Exceptions Permit for a PUD

7. 2009-057 – John P. Franklin, Jr. – 1016 Peachtree Street – City of Chattanooga – From R-2 Residential Zone to C-2 Convenience Commercial Zone

8. 2009-058 – Judy Norris – 3500 Block of Occonechee Trail – City of Chattanooga – Mandatory Referral: Abandonment

9. 2009-059 – City of Chattanooga, c/o City Council – Properties bounded on the north by the 1900 thru 2100 Blocks of Citico Avenue, on the south by the 1900 thru 2200 Blocks of McCallie Avenue, on the east by the 100 thru 300 Blocks of North Lyerly Street and the 400 thru 700 Blocks of Dodson Avenue and on the west by the 100 thru 700 Blocks of North Orchard Knob Avenue – City of Chattanooga – Churchville and Orchard Knob Zoning Study

10. 2009-060 – Maria Romanov – 7403 Twin Brook Drive – City of Chattanooga – Special Exceptions Permit for Movement of a Single-Family Residence

11. MR-2009-061 – City of Chattanooga, c/o Dan Thornton – 1815 Main Street – City of Chattanooga – Mandatory Referral for the acquisition of property

12. MR-2009-062 – City of Chattanooga, c/o Dan Thornton – 1602 Lynnbrook Avenue – City of Chattanooga – Mandatory Referral for the acquisition of property

13. MR-2009-064 – City of Chattanooga, c/o Dan Thornton – Within the right-of-way of the 3400 Block of Belle Arbor Avenue

14. MR-2009-065 – City of Chattanooga, c/o Dan Thornton – 420 O’Neal Street – City of Chattanooga – Mandatory Referral to declare property surplus

15. MR-2009-066 – City of Chattanooga, c/o Dan Thornton – 500 & 600 Blocks of O’Neal Street – City of Chattanooga – Mandatory Referral to declare property surplus

V. New Business

1. A resolution amending the Zoning Ordinance of the City of Chattanooga to provide definitions and clarify use regulations for funeral home, crematory, columbarium and mausoleum

2. A resolution to amend the Hamilton County Zoning Regulations to provide definitions and clarify use regulations for funeral home, crematory, columbarium and mausoleum

3. A resolution to amend the Zoning Ordinance of the Town of Walden, Tennessee regarding the definition of “Dwelling, Single Family” and to provide for the operation of a bed and breakfast; hotel/motel; and short-term vacation rental

4. A resolution amending the Zoning Ordinance of the City of Chattanooga, Tennessee allowing single-family residential in the O-1 Office Zone in Article V

5. A resolution to amend the Hamilton County Zoning Regulations to define commercial nurseries and greenhouses and amend the R-2A Rural Residential District and C-5 Neighborhood Commercial District for clarification of these terms

6. A resolution to recommend the City of Lakesite to adopt the updated and recodified Lakesite Zoning Ordinance

VI. Approval of Minutes of March 9, 2009

VII. Staff Reports

VIII. Adjourn

APPLICATION NO: 2008-116 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: William W. Wise, c/o Ronald Feldman

DATE OF PLANNING COMMISSION MEETING: June 9, 2008 (Deferred Indefinitely)
April 13, 2009 (Action Taken)
LOCATION: 120 Market Street


PRESENT ZONING: M-1 Manufacturing Zone & R-4 Special Zone

REQUEST FOR: C-3 Central Business Zone

PROPOSED DEVELOPMENT: Family Restaurant

SIZE OF TRACT: .55 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Commercial

SURROUNDING DEVELOPMENT: Mixed Use

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:
For all new construction and major renovations affecting the building exteriors:
1) Review:
• To promote compliance with the Downtown Plan, to help ensure that new development complements the existing urban fabric, and to promote the preservation of historically or architecturally significant structures, all site plans, landscaping, and building elevations shall be reviewed by the Planning and Design Studio.
• Historically or architecturally significant structures should be preserved.
2) Setbacks and street frontage (for commercial buildings):
• For commercial buildings a zero building setback is required along the street frontage.
• To accommodate outdoor pedestrian activities such as a park, plaza, or outdoor dining, a greater setback may be permitted if an edge delineating the public and private space is provided.






• This 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 (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 to provide a nearly opaque screen. Highway-style guardrails or security fencing (e.g. chain link) shall not be permitted.
3) Building facades and access:
• The primary pedestrian entrance shall be provided from the primary street.
• Ground floor openings (doors and windows) shall constitute a minimum of 50 percent of the ground floor façade area for commercial buildings.
• No security-type roll up metal doors shall be permitted to front streets other than interior block alleys.
• The height of new commercial buildings shall be 18 feet minimum and 75 feet maximum.
4) Placement of equipment:
• All dumpsters and mechanical equipment shall be placed to the rear of the property and shall be screened from all public rights-of-way.
5) Access and Parking:
• Parking shall be located to the rear of the building.
• For corner lots, or for cases where physical constraints such as topography do not allow for rear parking, any parking fronting a public street shall be screened along the public right-of-way as described under “Setbacks and Street Frontage” above.
• 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.
6) 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.
For residential buildings:
7) 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.
8) 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;
9) Setbacks:
• Residential building setbacks should be consistent with the existing setbacks on the same side of the street.

REASONS FOR RECOMMENDATION:

Consistent with nearby zoning and Downtown Plan.


APPLICATION NO: 2008-215 JURISDICTION: Hamilton County Dist. #7

APPLICANT: Don Walker

DATE OF PLANNING COMMISSION MEETING: December 8, 2008 (Deferred)
February 9, 2009 (Deferred)
April 13, 2009 (Action Taken)
LOCATION: 1100 Block of Hurricane Creek Road


PRESENT ZONING: A-1 Agricultural District, R-2A Rural Residential District & C-2 Local Business Commercial District

REQUEST FOR: RT-1 Residential Townhouse District

PROPOSED DEVELOPMENT: Townhomes

SIZE OF TRACT: 1.2 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Pharmacy, Retail Center & Residential

EXTENSION OF EXISTING ZONE: No

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

CONSISTENT WITH COMMUNITY LAND USE PLAN: No

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: No, request is for townhomes yet no lot lines are shown on site plan. Site plan shows structures on right-of-way.

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

The East Brainerd Corridor Community Plan recommends Low-Density Residential uses for this location.

The proposed density of this residential development is approximately 11.7 du/acre. In the plan, high density residential is identified as multiple-family dwellings or apartments with a density of ten to eighteen dwelling units per acre. The plan recommends locating multi-family dwellings in the Planned Commerce Center areas served by arterial streets with a minimum of 5 lanes (as shown below on the plan map). So, although the use is not multi-family residential, the density requested is that of high-density residential as identified in the plan.





Staff is recommending approval for the proposed use because this site abuts the Planned Commerce Center at Morris Hill Road and East Brainerd Road and the site is accessed through the commercial zone. High-density residential uses are often appropriate as either an extension of a mixed-use node or as a buffer between the higher-intensity non-residential uses and existing lower-density residences. The plan recommendation for the Planned Commerce Center includes townhouses as an acceptable land use “provided that all permanent residential uses shall be located on upper floors or otherwise separated from areas of principal commercial activity”.





APPLICATION NO: 2008-216 JURISDICTION: Chattanooga Dist. #5
Hamilton County Dist. #5
APPLICANT: Don Walker

DATE OF PLANNING COMMISSION MEETING: December 8, 2008 (Deferred)
February 9, 2009 (Deferred)
April 13, 2009 (Action Taken)
LOCATION: 4600 Block of Heiskell Drive


PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: RT-1 Residential Townhouse Zone (Originally)
Special Exceptions Permit (Now requesting)

PROPOSED DEVELOPMENT: Townhouses (Originally)
PUD (Now requesting) – Single-Family Homes

SIZE OF TRACT: 4.24 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Vacant & Residential

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: Highway 58 Community Land Use Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: No

CONSISTENT WITH COMPREHENSIVE PLAN 2030: No

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

Originally, a preliminary subdivision plat was approved (but not recorded) for this site with thirteen new lots at an overall density of approximately 2.5 units per acre when including a defined wetland area.

The applicant wishes to build nineteen single-family detached units at a density of 3.4 units per acre. Although this density is generally compatible with the surrounding residences, the density on the developed area of the submitted site plan approaches 4.3 units per acre.







(1) To help ensure compatibility with existing development, the Highway 58 Community Land Use Plan Recommends Light Density residential development for this area. The plan’s recommendation supports the surrounding residential development which consists of established detached single-family homes that are situated on lots averaging around 1/3 of an acre. The smaller lots proposed by the PUD differ substantially from the existing lots in the area in that they provide much less frontage and overall width which limits the configuration of dwellings. Because of this limitation, the building form does not appear to be compatible with the existing development form.

(2) The development generally exceeds the density of the surrounding development.

(3) Direct access to the site can only be obtained through smaller, local streets while passing through lower density residential areas.




APPLICATION NO: 2008-217 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Don Walker

DATE OF PLANNING COMMISSION MEETING: December 8, 2008 (Deferred)
February 9, 2009 (Deferred)
April 13, 2009 (Action Taken)
LOCATION: 6467 Ooltewah-Georgetown Road

PRESENT ZONING: R-1 Single-Family Residential District

REQUEST FOR: RT-1 Residential Townhouse District (Originally)
Special Exceptions Permit (Now requesting)

PROPOSED DEVELOPMENT: Townhouses (Originally)
PUD (Now requesting) for Townhouses

SIZE OF TRACT: 7.91 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Vacant & Residential

EXTENSION OF EXISTING ZONE: No

NAME OF COMMUNITY LAND USE PLAN: Wolftever Creek Area Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: No

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Partially

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Approve as a preliminary PUD, subject to:
1) Create designated open space lots that conform to the Hamilton County PUD regulations.
2) No lot shall be directly accessed via Ooltewah-Georgetown Road.

REASONS FOR RECOMMENDATION:

The property is accessed via Ooltewah-Georgetown Road which is classified as a minor arterial.

The rear of this property is in close proximity to Interstate 75.

The Comprehensive Plan 2030 and the Wolftever Creek Area Plan support townhouse development in locations such as this as long as the townhouse component is part of a cohesive PUD.



The preliminary site plan adheres to Comp Plan 2030 recommendations by locating the townhouse component to the interior of the site.

Although this request is for a gross density of 6.6 units per acre, the maximum density allowed by the underlying R-1 zone is 5.0 units per acre.

NOTES:

Rezoning and PUD requests are considered on a case-by-case basis. This site in particular possesses certain qualities such as a) A location proximal to I-75, b) A location generally outside and away from established residences. Not all properties along this section of Ooltewah-Georgetown Road have these qualities and thus may not be suitable for development of this type and/or density.

In addition, the improvement of Ooltewah-Georgetown Road is considered a Tier 3 project in the current Long Range Transportation Plan (LRTP). The applicant should consider the potential impacts on the lots closest to Ooltewah-Georgetown Road due to future acquisition of necessary rights-of-way.

The applicant will have to submit a final PUD plan to the RPA.



APPLICATION NO: 2009-037 JURISDICTION: Chattanooga Dist. #9
Hamilton County Dist. #5
APPLICANT: Chattanooga Metropolitan Church, c/o Pamela Ammons

DATE OF PLANNING COMMISSION MEETING: March 9, 2009 (Deferred)
April 13, 2009 (Action Taken)
LOCATION: 1063 Shallowford Road


PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: Commercial Development & Office

SIZE OF TRACT: 9.1 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Single-Family Dwellings

EXTENSION OF EXISTING ZONE: No

NAME OF COMMUNITY LAND USE PLAN: Eastdale Land Use Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: No

CONSISTENT WITH COMPREHENSIVE PLAN 2030: No

ADEQUATE SITE PLAN SUBMITTED: No

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

This area along Shallowford Road is primarily a single-family residential area. The commercial zoning would have a negative impact on adjacent uses, as well as, the existing street network.

The Eastdale Land Use Plan recommends single-family residential and open space for this general area located along Shallowford Road.

The Eastdale Lane Use Plan also recommends that commercial zoning be concentrated and limited to major intersections, such as the intersection of Shallowford Road and Tunnel Boulevard and Shallowford Road and Wilcox Boulevard.

The approval of this commercial rezoning request would extend to far from the major intersections and would encroach into the primarily single-family residential neigh-borhood found along this section of Shallowford Road.



The approval of this rezoning would also set the precedent for future commercial rezoning requests along this residential corridor.

This rezoning request could be considered a spot zone.

The site plan as submitted for this case is not adequate. A revised or adequate site plan for this rezoning case should be submitted.

Documentation giving applicant permission to request rezoning was not submitted with application.



APPLICATION NO: 2009-040 JURISDICTION: Hamilton County Dist. #1

APPLICANT: Tracy Sullivan

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 2701 Lee Pike


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: Special Permit

PROPOSED DEVELOPMENT: Single Wide Manufactured Home

SIZE OF TRACT: 14.4 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential & Single-Wides

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: Yes

ADEQUATE SITE PLAN SUBMITTED: No

STAFF RECOMMENDATION: Approve, subject to a 150 foot minimum setback from the right-of-way.

REASONS FOR RECOMMENDATION:

These properties are located within the Transitional Growth Sector of the Comprehensive Plan 2030. This plan recommends manufactured homes with large setbacks as appropriate in this area.

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. There are other single-wide manufactured homes in the general vicinity, and this action is compatible with existing land uses.

This property is also well buffered by existing vegetation at the street.



APPLICATION NO: 2009-049 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Jonathan Griffin

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 1740 Ocoee Street


PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: Duplex in an R-1 Zone

SIZE OF TRACT: .171 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: Avondale Neighborhood Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: Partially

CONSISTENT WITH COMPREHENSIVE PLAN 2030: N/A

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

This property lies within the boundary 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 appears to have last changed ownership in January 2009 which is almost five 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.





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 states that “single-family residential should predominate…some exceptions may be made for townhouses, patio homes and two-family dwellings.”

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: 2009-053 JURISDICTION: Hamilton County Dist. #2

APPLICANT: James W. Morrison, III

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 2600 Block of Eagle Creek Way


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: R-1 Single-Family Residential District

PROPOSED DEVELOPMENT: “Development of Subdivision”

SIZE OF TRACT: 1.81 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: Yes

NAME OF COMMUNITY LAND USE PLAN: Walden’s Ridge Plateau Area Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: No site plan submitted.

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

The R-1 Single-Family Residential Zone is more restrictive related to allowable land uses than the A-1 Agricultural Zone. A rezoning to R-1 would prohibit uses allowed in the A-1 zone including intensive agricultural uses such as dog kennels, boarding stables, and raising of poultry and livestock.

Both the A-1 and R-1 zone have the same minimum lot size: minimum lot size requirements are 25,000 square feet for single-family lots on septic tanks and 7,500 square foot lots on sewer in both the A-1 and R-1 zones.

Applicant is discouraged from accessing proposed subdivision via curb cuts onto Taft Highway.


APPLICATION NO: 2009-054 JURISDICTION: Hamilton County Dist. #1

APPLICANT: Joe E. Manuel, Attorney for Montlake Classic Clays, LLC

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 2009, 2101 & 2105 Mowbray Pike


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: Special Permit

PROPOSED DEVELOPMENT: Outdoor Shooting Range

SIZE OF TRACT: 57 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Outdoor Shooting Facility

SURROUNDING DEVELOPMENT: Residential, Agricultural & Vacant

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: No community plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Approve, subject to:
1) Location of shooting stations as shown on site plan; and
2) No rifle or pistol fire.

REASONS FOR RECOMMENDATION:

This facility has been in existence since the 1970s and has been a largely accepted and acceptable use. New shooting stations were added to the original facility layout but they are located in positions on the property that do not negatively impact the surrounding area.

These types of facilities are most appropriately located in less sparsely settled areas.

This facility has operated safely and has adequate sound buffering.

Site plan depicts shooting stations at least 200’ away from perimeter roadways. Orienting stations closer to the interior of the site helps make this use more compatible.


APPLICATION NO: 2009-055 JURISDICTION: Chattanooga Dist. #1
Hamilton County Dist. #2
APPLICANT: Rhonda Watkins

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 805 Mountain Creek Road


PRESENT ZONING: R-2 Residential Zone

REQUEST FOR: R-4 Special Zone

PROPOSED DEVELOPMENT: To expand lessee options – “Office”

SIZE OF TRACT: .15 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Commercial & Residential

EXTENSION OF EXISTING ZONE: No

NAME OF COMMUNITY LAND USE PLAN: No area plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: No

STAFF RECOMMENDATION: Defer until applicant has attended a pre-submittal meeting to address access, parking and landscaping.

REASONS FOR RECOMMENDATION:

Applicant is scheduled to attend a pre-submittal meeting on April 7 to determine parking and landscape buffer feasibility. The outcome of that meeting will help staff make an appropriate recommendation.



APPLICATION NO: 2009-056 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: Atlas Developers, LLC

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 1600-1800 Block of Andover Place


PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: PUD

SIZE OF TRACT: 14.16 Acres

ACCESS TO TRACT: Fair

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential & Vacant

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: Hamilton Place Community Plan

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 is a recorded subdivision (developed under the R-1 Open Space Subdivision Design Option), the streets are built, and homes are currently under construction.

Although not requesting to be developed as such, this PUD plan substantially conforms to the requirements of the Open Space Subdivision which is a preferred form of development in areas of flood.

The plan is for 31 single-family dwelling units at a density of 2.1 dwelling units/acre. This is much lower than the density allowed under PUD regulations. Under the PUD requirement, the allowable density for this site is 5 dwelling units/acre (gross) and would potentially accommodate approximately 70 dwelling units.





This property could be developed with a standard subdivision which, with land reserved for the power line easement and floodway, would have undeveloped areas. However, as the City of Chattanooga does prohibit construction in the floodplain, most likely more of the flood prone area would be filled for construction of homes. The proposed PUD does set aside a portion of the flood prone area as open space.

This development is proposed to have over 8 acres of open space.

Note: Applicant should be aware of pending amendments that require that all “structures” be shown on PUD plans.



APPLICATION NO: 2009-057 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #6
APPLICANT: John P. Franklin, Jr.

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 1016 Peachtree Street


PRESENT ZONING: R-2 Residential Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: Expansion of Funeral Home

SIZE OF TRACT: .145 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Commercial

SURROUNDING DEVELOPMENT: Residential & Commercial

EXTENSION OF EXISTING ZONE: Yes

NAME OF COMMUNITY LAND USE PLAN: Ridgedale Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Approve C-2 for the front portion (Parcel 156C-D-019) 100 feet west of the alley running parallel to Dodds Avenue and Peachtree Street, subject to:
1) Use as a parking garage and/or surface parking only;
2) No access to Peachtree Street;
3) The abandonment of the alley separating the two properties (abandoned from behind 1014 Peachtree through 1010 Peachtree); and
4) Any additional lighting shall be directed down and away from residential areas.

REASONS FOR RECOMMENDATION:

The Ridgedale Plan recommends future commercial (“retail sales/services”) at this location.

The request is for an extension of existing zoning.




Although the plan appears to support a more intense use, care should be taken to protect the existing residences on Peachtree Street from potential negative impacts from any increase in land use intensity as allowed by the C-2 zone by right. This can be accomplished by limiting the use and access to the site.




APPLICATION NO: 2009-058 JURISDICTION: Chattanooga Dist. #2
Hamilton County Dist. #2
APPLICANT: Judy Norris

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 3500 Block of Occonechee Trail


REQUEST FOR: Abandonment


STAFF RECOMMENDATION: Deny


REASONS FOR RECOMMENDATION:

Occonechee Trail is open from Intermont Road to the rear property line of the applicants parcel of property located 552 Intermont Road (Tax Map #118B-D-30). The remaining right-of-way from this point to the rail road tracks is not open.

Abandoning the right-of-way of Occonechee Trail would land lock the parcel (Tax Map #118B-D-31), which is located immediately behind 552 Intermont Road. Both of these parcels are owned by the applicant.

The right-of-way for Occonechee Trail is present; however, the street was never constructed and opened. Abandoning the right-of-way would leave parcel (Tax Map # 118B-D-31) with no access to a public road; therefore, this parcel would be landlocked and could not be developed.

The applicant has the option of re-platting their property and removing the property line located between the two parcels, combining the two parcels into one parcel.

The right-of-way could be abandoned and the applicant could create a flag lot. The flag lot would require a 25’ minimum stem and a minimum lot area of one (1) acre is required. The applicant would need two variances:

1. The applicant’s property is approximately 0.55 (½) acres; therefore, the applicant would need to apply for a variance from the Board of Zoning Appeals.

2. Per Section 303.4 of the Chattanooga Subdivision Regulations: In areas zoned R-1, a flag lot shall not be permitted as a residential infill lot. The applicant would need to apply for a variance from the Planning Commission.



APPLICATION NO: 2009-059 JURISDICTION: Chattanooga Dist. #9
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o City Council

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: Properties bounded on the north by the 1900 thru 2100 Blocks of Citico Avenue, on the south by the 1900 thru 2200 Blocks of McCallie Avenue, on the east by the 100 thru 300 Blocks of North Lyerly Street and the 400 thru 700 Blocks of Dodson Avenue and on the west by the 100 thru 700 Blocks of North Orchard Knob Avenue


PRESENT ZONING: Churchville – R-3 Residential Zone
Orchard Knob – R-2 Residential Zone

REQUEST FOR: R-1 Residential Zone
Churchville & Orchard Knob Zoning Study

SIZE OF TRACT: 108 Acres +

STAFF RECOMMENDATION: Approve attached plan.







APPLICATION NO: 2009-060 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: Maria Romanov

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 7403 Twin Brook Drive


PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: Movement of a Single-Family Residence from 7630 Standifer Gap Road

SIZE OF TRACT: .40 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: N/A

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

CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Specific issue not addressed in Comprehensive Plan.
ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

The requirements for moving single family residence from one foundation to another are as set forth below.
(1) No single family residence shall be moved from an existing foundation to another foundation located within a developed area of single family residences unless:
(a) The residence to be moved is consistent with the age, value, size and appearance of existing residences within the developed area of single family residences to which the single family residence is to be moved and provided that the value of the house may be greater than that of the existing residences and the size of the house may be larger than that of the existing residences; AND
(b) Approval for the movement of the single family residence to a foundation within a developed area of single family residences has been given by the following specified body:




(i) The home owners’ association of the development where the residence is to be moved, if a home owner’s association is in existence;
(ii) A neighborhood association where the residence is to be moved that has been in existence for more than one (1) year prior to the date the residence is to be moved, if a neighborhood association is in existence in the area; or
(iii) The Chattanooga-Hamilton County Regional Planning Commission by issuance of a Special Exceptions Permit, if (i) or (ii) above does not apply.
(c) Age, Value, Size and Appearance Criteria. Consistency of residence with age, value, size and appearance of existing residences.
(2) The residence to be moved shall be consistent with:
(a) The age of existing residences within the developed area of single family residences, if the residence to be moved is within ten (10) years of the average age of the existing structures within the developed area;
(b) The value of existing residences within the developed area of single family residences, if the valuation of the residence being moved appraised, prior to being moved, at a value that is at least equal to the average appraisal of the existing structures within the developed area; provided that nothing in this subdivision shall be construed to prevent such residence from exceeding the value of such existing structures. In establishing the value of existing structures, the value of modular homes located in such developed area shall not be used in arriving at the average appraisal of the existing structures.
If the value of the residence, prior to being moved, appraised at a value that is at least equal to the average appraisal of the existing structures within the developed area, then is shall be presumed that such residence shall appraise at least at the same or greater value once it is moved.
In obtaining approval from the specified body as proof that the value of the residence or appearance of the residence is consistent with the value or appearance of such existing residences, evidence may be presented that includes photographs of the inside and outside of the residence to be moved as well as the appraised value of such residence as determined by the assessor of property, or the fair market value of such residence as determined by an independent appraiser. Such proof shall be a rebuttable presumption that the value and appearance of the residence is at least equal to the value and appearance of the existing structures within the developed area. Additional documents showing intended improvements may also be presented.
(3) The size of existing residences within the developed area of single family residences, if the size of the residence being moved is at least within one hundred (100) square feet of the average size of the existing structures within the developed area, provided that nothing in this subdivision shall be construed to prevent such residence from exceeding such average square footage. In establishing the average size of existing structures, the square footage of a modular home shall not be used in making such calculations.
(4) The appearance of existing residences within the developed area of single family residences as determined by the specified body giving its approval for the single family residence to be moved to the developed area.

This case is being reviewed by RPA staff and the Regional Planning Commission because there is not an established neighborhood association.




AGE: The age of the proposed house is within ten (10) years of the average age of the existing structures within Twin Brook subdivision that were checked by staff (see below for those properties closest to the parcel in question). The house to be moved was built in 1987 and the average age of properties checked by staff was 1978.

VALUE: According to Hamilton County Tax Records, the value of the house to be moved is $129,200. The average building appraisal value for the Twin Brook subdivision is $159,894 (does not include vacant lots in average). It is staff’s opinion that the value of residence, as is, appraised at a value that is less than the average appraisal value of existing residences with the developed area (see supporting documentation below).

SIZE: The square footage of the house to be moved is 2,424 square feet. The square footage of the homes checked by staff in the Twin Brook subdivision is 2,719 square feet. In this case, the size of the residence being moved is not within one hundred (100) square feet of the average size of the existing structures within the area of Twin Brook that was checked by staff.

APPEARANCE: The houses in Twin Brook are all very well maintained and, although a mixture of styles, many have extensive architectural detailing that the structure proposed to be moved lacks.

Staff recommends denying the Special Exceptions permit for a house to be moved to this site as the proposed residence is not consistent with the existing neighborhood as relates to the value and size of the residence.

House to be moved from 7630 Standifer Gap Road
Tax Record: 139N-A-008
House Built in 1987
Appraised Value: $129,900
Square Footage: 2,424



Average homes in Twin Brook North Subdivision

Tax Map Address Yr. Blt. Appraised Value Square Ftg.
139O-C-001 7401 Twin Brook Dr. 1988 156,100 2,505
139O-C-006 7413 Twin Brook Dr. 1999 205,400 3,307
139O-C-007 7415 Twin Brook Dr. 1977 148,900 2,971
139O-C-009 7474 Twin Brook Dr. 1979 161,700 3,150
139O-C-010 7470 Twin Brook Dr. 1979 127,500 2,411
139O-C-011 7468 Twin Brook Dr. 1973 142,600 2,712
139O-C-030 7418 Twin Brook Dr. 1969 164,200 3,168
139O-C-031 7416 Twin Brook Dr. 1968 163,400 3,167
139O-C-032 7414 Twin Brook Dr. 1975 136,400 2,741
139O-C-034 7410 Twin Brook Dr. 1986 191,200 3,280
139O-C-025 7408 Twin Brook Dr. 1986 176,800 3,216
139O-C-036 7406 Twin Brook Dr. 1992 183,400 2,865
139O-C-037 7404 Twin Brook Dr. 1987 164,100 2,666
139O-C-039 7400 Twin Brook Dr. 1968 141,200 2,435
139O-D-001 7471 Twin Brook Dr. 1971 151,200 2,950
139O-D-017 7419 Twin Brook Dr. 1969 177,800 3,234
139O-D-018 7417 Twin Brook Dr. 1969 147,100 2,661

AVERAGES: 1978 164,294 2,719




APPLICATION NO: MR-2009-061 JURISDICTION: Chattanooga Dist. #6
Hamilton County Dist. #8
APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 1815 Main Street


REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 for the acquisition of property.


STAFF RECOMMENDATION: Approve


REASONS FOR RECOMMENDATION:

This is a 67,000 square foot office and manufacturing facility that will be used as a warehouse for City needs.




APPLICATION NO: MR-2009-062 JURISDICTION: Chattanooga Dist. #6
Hamilton County Dist. #8
APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 1602 Lynnbrook Avenue


REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 for the acquisition of property.


STAFF RECOMMENDATION: Approve


REASONS FOR RECOMMENDATION:

This will be converted into a park which will be maintained by Parks and Recreation. City residents will be able to use the ark during daylight hours.



APPLICATION NO: MR-2009-064 JURISDICTION: Chattanooga Dist. #9
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: Within the right-of-way of the 3400 Block of Belle Arbor Avenue


REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 for the acquisition of property.


STAFF RECOMMENDATION: Approve


REASONS FOR RECOMMENDATION:

To accept an abandoned rail line adjacent to Belle Arbor Avenue beginning at the corner of Wisdom and Belle Arbor.



APPLICATION NO: MR-2009-065 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 420 O’Neal Street


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


STAFF RECOMMENDATION: Approve


REASONS FOR RECOMMENDATION:

To convey Engel Stadium to UTC.





APPLICATION NO: MR-2009-066 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: April 13, 2009

LOCATION: 500 & 600 Blocks of O’Neal Street


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


STAFF RECOMMENDATION: Approve


REASONS FOR RECOMMENDATION:

This is the parking area for Engel Stadium.



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