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Planning Commission Agenda And Staff Recommendations For Nov. 9 posted October 29, 2009 Here is the agenda and staff recommendations for the meeting of the Planning Commission on Nov. 9 at 1 pm. at the County Courthouse: CHATTANOOGA-HAMILTON COUNTY REGIONAL PLANNING COMMISSION NOVEMBER 9, 2009 AGENDA chairman Opening Comments and Announcements II. Public Hearing and Action Subdivision Plats Old Business 2009-118 New Horizon Baptist Church, c/o Wendell Morgan, 2700 Block of 2nd Avenue City of Chattanooga Mandatory Referral: Abandonment Public Hearing and Action Rezonings, Closures, Abandonments and Special Permits (Final action for Special Permits is by the Planning Commission unless appealed to the County Commission) 2009-149 Mike Doss 2406 East 19th Street City of Chattanooga From M-2 Light Industrial Zone & R-2 Residential Zone to R-1 Residential Zone MR-2009-152 City of Chattanooga Department of Public Works, c/o Bill Payne 6700 Block of Bonny Oaks Drive City of Chattanooga Mandatory Referral for a sewer line replacement 2009-153 Carolyn Eslinger 8329 Hixson Pike Hamilton County From C-2 Local Business Commercial District to R-3 Apartment-Townhouse District 2009-154 Erik Vetne 5417 Ooltewah-Ringgold Road Hamilton County Lift Conditions for Resolution 408-21B (2008-063) 2009-160 Jeff Chastain 2405 Hickory Ridge Drive Hamilton County From R-1 Single-Family Residential District to R-2A Rural Residential District 2009-161 Eric Cummings/100 Main Street Partners 1500 Block of Long Street City of Chattanooga Abandonment of a 10 foot private sewer easement 2009-162 Michael J. Stewart 5532 Highway 153 City of Chattanooga From R-4 Special Zone to C-2 Convenience Commercial Zone 2009-163 Larry Kuka 4012 Webb Road City of Chattanooga From R-1 Residential Zone to R-3MD Moderate Density Zone 2009-165 Metier Company, LLC 406, 408, 410 & 412 Harper Street City of Chattanooga From R-1 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone 2009-166 Philip Cochran Unnamed 15 alley between 300 Block of West 25th Street & West 26th Street City of Chattanooga Mandatory Referral: Abandonment 2009-167 D & M Properties 10240, 10254, 10268, 10296 & 10310 East Brainerd Road Hamilton County Special Exceptions Permit for a Preliminary & Final Residential PUD V. New Business VI. Approval of Minutes of October 12, 2009 Staff Reports VIII. Adjourn APPLICATION NO: 2009-118 JURISDICTION: Chattanooga Dist. #8 Hamilton County Dist. #4 APPLICANT: New Horizon Baptist Church, c/o Wendell Morgan DATE OF PLANNING COMMISSION MEETING: September 14, 2009 (Deferred) November 9, 2009 (Action Taken) LOCATION: 2700 Block of 2nd Avenue REQUEST FOR: Abandonment STAFF RECOMMENDATION: Deny REASONS FOR RECOMMENDATION: This is not in keeping with policies to keep street network intact in urban areas. This is a functioning street within the residential neighborhood. Closure of Second Avenue at this location would cut off access and create extensively long blocks and barriers to pedestrian and vehicular traffic. Other means for patrolling and monitoring crime activities will need to be pursued. This was deferred in September to allow the applicant time to obtain a Temporary Use Permit. Applicant met with Chattanooga Engineering Department. They may pursue two options: They could apply to the Neighborhood Traffic Program for traffic calming devices. They could apply for Temporary Use for certain sections and pay to install crosswalks within those specified sections. APPLICATION NO: 2009-149 JURISDICTION: Chattanooga Dist. #7 Hamilton County Dist. #6 APPLICANT: Mike Doss DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: 2406 East 19th Street PRESENT ZONING: M-2 Light Industrial Zone & R-2 Residential Zone REQUEST FOR: R-1 Residential Zone PROPOSED DEVELOPMENT: Single-Family Residence SIZE OF TRACT: .16 Acres + ACCESS TO TRACT: Good SITE CHARACTERISTICS: Vacant SURROUNDING DEVELOPMENT: Residential & Manufacturing EXTENSION OF EXISTING ZONE: Yes NAME OF COMMUNITY LAND USE PLAN: Oak Grove CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes ADEQUATE SITE PLAN SUBMITTED: No STAFF RECOMMENDATION: Approve REASONS FOR RECOMMENDATION: The proposal is in keeping with the existing neighborhood residential uses and may be a positive part of area revitalization. Note: The site may offer complexities with its corner location and smaller lot size. Off-street parking should be located to the side or rear of the primary structure and incorporate a driveway design that makes use of the existing alley if possible. Or the applicant may consider utilizing ingress from the street in a manner that follows the traditional patterns of the residential driveways already established in the neighborhood. APPLICATION NO: MR-2009-152 JURISDICTION: Chattanooga Dist. #4 Hamilton County Dist. #5 APPLICANT: City of Chattanooga - Department of Public Works, c/o Bill Payne DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: 6700 Block of Bonny Oaks Drive REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 for Sewer Line Replacement. STAFF RECOMMENDATION: Approve, subject to approval of City Engineer and all public utilities. REASONS FOR RECOMMENDATION: Abandonment would not have a negative impact on adjacent property owners. A new replacement sewer line will be constructed. APPLICATION NO: 2009-153 JURISDICTION: Hamilton County Dist. #3 APPLICANT: Carolyn Eslinger DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: 8329 Hixson Pike PRESENT ZONING: C-2 Local Business Commercial District REQUEST FOR: R-3 Apartment-Townhouse District PROPOSED DEVELOPMENT: Apartments 25 units 9.8 DU/Acre SIZE OF TRACT: 2.5 Acres + ACCESS TO TRACT: Good SITE CHARACTERISTICS: Vacant SURROUNDING DEVELOPMENT: Residential, Commercial & Vacant EXTENSION OF EXISTING ZONE: No NAME OF COMMUNITY LAND USE PLAN: None Applicable CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes ADEQUATE SITE PLAN SUBMITTED: No STAFF RECOMMENDATION: Approve, subject to the lighting being directed down and away from residential areas. REASONS FOR RECOMMENDATION: The proposed land use is consistent with the Comprehensive Plan for 2030. This proposed land use allows a higher density. According to the comprehensive plan, this land use and density is appropriate for this property. The proposed use would be compatible with adjacent development. NOTE: Proposed developments are subject to the provisions of Hamilton County Landscape Guidelines, Article V, Section 300. A landscape/plant installation plan shall be submitted to the Building Inspections Office prior to receiving a Certificate of Occupancy. This plan may be incorporated into a parking/paving plan, provided the scale is not less than one (1) inch equals forty (40) feet. The following elements shall be shown on the landscape site plan: 1) Existing trees or natural areas to be retained; 2) The location of all required landscaped areas (Street Yard, Landscaped Peninsulas, Landscaped Islands, and Screening Buffers); and 3) Location, installation size, quantity, spacing between trees and shrubs used for screening are to be installed per Article V, Section 305 & 307. APPLICATION NO: 2009-154 JURISDICTION: Hamilton County Dist. #9 APPLICANT: Erik Vetne DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: 5417 Ooltewah-Ringgold Road PRESENT ZONING: C-3 General Business Commercial District REQUEST FOR: Lift Conditions from Resolution 408-21B (2008-063) restricting it to an Art Gallery PROPOSED DEVELOPMENT: Would like to lease or sell as C-3 for office or retail. SIZE OF TRACT: .3 Acres + ACCESS TO TRACT: Good SITE CHARACTERISTICS: Single-Family Residence SURROUNDING DEVELOPMENT: Single-Family Residential EXTENSION OF EXISTING ZONE: No, M-1 across Ooltewah-Ringgold Road NAME OF COMMUNITY LAND USE PLAN: Wolftever Creek Area Plan CONSISTENT WITH COMMUNITY LAND USE PLAN: In part CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes ADEQUATE SITE PLAN SUBMITTED: Yes STAFF RECOMMENDATION: Deny lifting conditions; Approve C-5, subject to: 1) Use of existing structure only; 2) No restaurants; 3) No drive-through auto-oriented uses such as drive-through banks; 4) Hours of operation to be between 7:00 am and 7:00 pm; 5) No back-out parking on Ooltewah-Ringgold Road; and 6) Minimum Type C landscape buffer (as measured towards the interior of the property) along the shared north, west, and south property lines (except where parking or access drives are located). 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 has previously been 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. This structure remains residential and is surrounded very closely by other single-family residences. Lifting conditions on the C-3 zone with no additional requirements would impose a burden on the surrounding neighbors as the following are allowable uses in the C-3 Zone: Retail sales, offices, banks, theaters, studios, beauty parlors, job printing, photograph galleries, barber shops, automobile service stations, automobile display rooms, parking lots or storage garages, used car lots, telephone exchanges or sub-stations, police and fire stations, restaurants, cafes, lunchrooms, dry-cleaning plants, if oil or gas fired, automobile wrecker service, provided that: (a) not more than six (6) vehicles in running condition, or parts thereof, are stored in the open. (b) the vehicles are not kept on the premises for salvage purposes, and (c) the screening requirements specified in ARTICLE VII, Section 107(F)(9) are adhered to. Tanks for the commercial retail distribution of flammable liquids or gasses (excluding bulk plants) shall be permitted subject to the provisions and standards of the National Fire Codes. Any business of a retail wholesale type with the exception of: Auto wrecking yards Blacksmithing or horseshoeing shop Building materials storage yard, including lumber yard Canning plants Carpet, rug or bag cleaning establishment Carting yards, express hauling yards, and storage yards/houses [this category does not include mini-warehouses] Fuel storage yard, including coal, coke, or wood yards Ice plants, or ice storage of more than five ton capacity Livery stable or riding academy Metal or wood working shop employing more than five persons Mattress factory Milk depot, other than retail business conducted on the premises Machine shop Packing houses Secondhand automobile storage and sales yard (used car lots) Stone yards and building for the keeping, storage, sales or killing of fowls, for commercial purposes, where the number of fowl is greater than one-hundred (100) Any light manufacturing which: (a) is not noxious or offensive by reason of emission of odor, fumes, dust, smoke, noise or vibration; (b) does not use mechanical power in excess of 5-horsepower; (c) does not habitually employ more than 5 mechanics or workers. Day Care Centers, subject to review and approval of the Hamilton County Engineer with regard to points of ingress and egress, internal circulation, loading areas and parking. In addition there must be provision of a secure playground area. Due to the site being surrounded by residences and that a private road easement runs along the length of this property to the south, this site is most appropriate for uses that attract minimal traffic, do not have activity associated with noise, and generally have daytime operational hours. These uses are most similar to those in the C-5 Neighborhood Commercial Zone. However, additional conditions have been recommended in order to maintain the viability and livability of surrounding residential development. APPLICATION NO: 2009-160 JURISDICTION: Hamilton County Dist. #7 APPLICANT: Jeff Chastain DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: 2405 Hickory Ridge Drive PRESENT ZONING: R-1 Single-Family Residential District REQUEST FOR: R-2A Rural Residential District PROPOSED DEVELOPMENT: Horses (for personal use) SIZE OF TRACT: 1.1 Acres + ACCESS TO TRACT: Good SITE CHARACTERISTICS: Single-Family Residence SURROUNDING DEVELOPMENT: Single-Family Residences EXTENSION OF EXISTING ZONE: Yes NAME OF COMMUNITY LAND USE PLAN: No Plan 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: A portion of this property is currently zoned R-2A. The request is for an extension of the existing zone however this lot and its surrounding development is developed as a traditional subdivision. There are currently no stables or other agricultural uses in this subdivision. The back portion of this parcel (the site proposed for rezoning) abuts the rear of at least five adjoining properties with the nearest house approximately 90 from the property line of this parcel (measured using online GIS data). The Cedar Creek subdivision has maintained its single-family residential feel and uses since its development in the 1970s. Introducing horses into this subdivision is introducing a dissimilar land use that neighboring property owners may find objectionable due to noise, odors, dust, etc. Generally, uses such as maintaining horses are more appropriate outside of existing single-family residential development or are best accommodated by developments that explicitly promote a residential environment in tandem with low-impact agricultural or livestock activities. In addition, granting such a use may establish a precedent so that future requests of this type either in this residential subdivision or others may have to be approved as well. If R-2A is still deemed appropriate, the zone should be granted with specific conditions limiting the applicant to the maintenance of no more than one horse on the site. APPLICATION NO: 2009-161 JURISDICTION: Chattanooga Dist. #8 Hamilton County Dist. #4 APPLICANT: Eric Cummings/100 Main Street Partners DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: 1500 Block of Long Street REQUEST FOR: Abandonment of a 10 foot private sewer easement from ex-manhole to western property line for site and building improvements. STAFF RECOMMENDATION: Approve, subject to approval of City Engineer and all public utilities. APPLICATION NO: 2009-162 JURISDICTION: Chattanooga Dist. #3 Hamilton County Dist. #3 APPLICANT: Michael J. Stewart DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: 5532 Highway 153 PRESENT ZONING: R-4 Special Zone REQUEST FOR: C-2 Convenience Commercial Zone PROPOSED DEVELOPMENT: Car Wash SIZE OF TRACT: .148 Acres + ACCESS TO TRACT: Adequate SITE CHARACTERISTICS: Vacant SURROUNDING DEVELOPMENT: Commercial & Residential EXTENSION OF EXISTING ZONE: Yes NAME OF COMMUNITY LAND USE PLAN: Hixson-North River 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 a revised site plan showing Type B landscaping around the perimeter of the property as required by the landscape regulations. REASONS FOR RECOMMENDATION: The request would be an extension of the existing C-2 zone. The front 250 of the property/lot was rezoned from R-4 to C-2 in 2005. This request is for the remaining portion of the property to the rear. The rezoning of this small portion of the property would bring the entire property/lot under one zoning classification. The Hixson-North River Area Plan recommends Light Business Mix for this area. The proposed zone and use would be in keeping with the current land use plan. The rezoning would request would not have a negative impact on adjacent property owners. This site has a very unique history due to the topography and the removal of top soil over the years at this site. As stated earlier the front portion of this site was rezoned from R-4 to C-2 in 2005 subject to certain conditions: Specific landscaping A grading plan be submitted prior to the case going before the City Council. The site plan/grading plan submitted for the previous zoning case (2005-092) for the front portion of this property showed a 20 landscape buffer around the perimeter of the property. In a conversation with the City of Chattanooga Stormwater Department a grading plan was submitted in 2005 for case 2005-062 as per the condition. According to stormwater that grading plan on file from 2005 is considered inactive and no longer an active case in their department because the developer at that time never went forward with any development plans for this site. The current developer of the site is willing to submit a new grading plan/site plan for the development of this site for the development of this site. APPLICATION NO: 2009-163 JURISDICTION: Chattanooga Dist. #3 Hamilton County Dist. #4 APPLICANT: Larry Kuka DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: 4012 Webb Road PRESENT ZONING: R-1 Residential Zone REQUEST FOR: R-3MD Moderate Density Zone PROPOSED DEVELOPMENT: To bring Quadraplex into compliance SIZE OF TRACT: .344 Acres + ACCESS TO TRACT: Good SITE CHARACTERISTICS: Residential SURROUNDING DEVELOPMENT: Residential EXTENSION OF EXISTING ZONE: No 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 REASONS FOR RECOMMENDATION: The area is predominately single-family residential with R-1 zoning. The application of R-3MD at this location would be a spot zone. The Highway 58 Community Plan recommends Low Density Residential for this location. The structure appears to have been illegally converted into its current use. APPLICATION NO: 2009-165 JURISDICTION: Chattanooga Dist. #1 Hamilton County Dist. #6 APPLICANT: Metier Company, LLC DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: 406, 408, 410 & 412 Harper Street PRESENT ZONING: R-1 Residential Zone REQUEST FOR: R-T/Z Residential Townhouse/Zero Lot Line Zone PROPOSED DEVELOPMENT: Subdivide from 4 lots to 6 lots SIZE OF TRACT: .69 Acres + ACCESS TO TRACT: Good SITE CHARACTERISTICS: Vacant SURROUNDING DEVELOPMENT: Residential & Commercial EXTENSION OF EXISTING ZONE: No NAME OF COMMUNITY LAND USE PLAN: N/A CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes ADEQUATE SITE PLAN SUBMITTED: Yes STAFF RECOMMENDATION: Approve, subject to: 1) A re-plat of all affected properties as depicted on the site plan as submitted to the RPA; 2) Off-street parking shall be provided and accessed from the alley as depicted on the site plan; and 3) Back out parking onto Harper Street is prohibited. REASONS FOR RECOMMENDATION: 1) The North Shore Plan recommends Urban Infill Single-Family Residential development at this location; the proposed development meets this criteria. 2) The proposed project lies in the Urban Overlay Zone. 3) The R-T/Z as amended by the Chattanooga City Council on 9-15-09 zone accommodates development of this type and at this density since it allows additional flexibility to more closely match previous residential development that historically utilized smaller lot sizes which are generally found within the Urban Overlay District. 4) The R-T/Z district requires that the maximum density within the Urban Overlay Zone shall not exceed 12 units per acre. At just under 9 units per acre, this proposal does not exceed this density. 5) The R-T/Z district states that within the Urban Overlay Zone, minimum lot widths for single-family detached structures shall be 25 feet. This proposal calls for minimum lot widths to be 33 feet 4 inches. 6) No matter its location, the R-T/Z zone is often used to serve as a buffer between lower density residential areas and more intense residential and non-residential districts. In this case, the site is in close proximity to several higher-intensity zones. The C-2 zone lies west across Harper Street and C-7 lies just to the couth across West Manning Street. 7) Due to the combination of the factors listed above, the R-T/Z district is an appropriate use at this location. APPLICATION NO: 2009-166 JURISDICTION: Chattanooga Dist. #7 Hamilton County Dist. #4 APPLICANT: Philip Cochran DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: Unnamed 15 alley between 300 Block of West 25th Street & West 26th Street REQUEST FOR: Abandonment of an alley STAFF RECOMMENDATION: Deny REASONS FOR RECOMMENDATION: The alley is physically open. The alley would provide necessary connections for parking, utilities, garbage and other services if this area is redeveloped as a mix of commercial and residential as called for in the Downtown Plan and the South Broad Plan. The property has not yet been purchased by the developer, and site and building plans have not been approved. APPLICATION NO: 2009-167 JURISDICTION: Hamilton County Dist. #9 APPLICANT: D & M Properties DATE OF PLANNING COMMISSION MEETING: November 9, 2009 LOCATION: 10240, 10254, 10268, 10296 & 10310 East Brainerd Road PRESENT ZONING: R-1 Single-Family Residential District REQUEST FOR: Special Exceptions Permit PROPOSED DEVELOPMENT: Residential PUD Preliminary & Final 36 DUs - 3.5 DU/Acre SIZE OF TRACT: 10.3 Acres + ACCESS TO TRACT: Good SITE CHARACTERISTICS: Vacant SURROUNDING DEVELOPMENT: Vacant, Farm & Single-Family Residential EXTENSION OF EXISTING ZONE: N/A NAME OF COMMUNITY LAND USE PLAN: None for this area CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes ADEQUATE SITE PLAN SUBMITTED: Yes STAFF RECOMMENDATION: Approve, subject to: Type A landscape buffer along the length of the development along East Brainerd Road; and The attached PUD review REASONS FOR RECOMMENDATION: With the rezoning to C-2 of the site to the south of this at London Lane, this area begins to function as a higher-intensity node. The Comprehensive Plan 2030 identifies this location as a Transitional Growth development sector which encourages scale-compatible multi-family dwellings to be located near the periphery of commercial nodes. Previously this site and a site plan showing similar uses received a public hearing at both Planning Commission and County Commission. Comments were made during a previous public hearing that the visual of the backs of these homes did not present a good frontage along East Brainerd Road. Staff is recommending a condition of a Type A landscape buffer (30) along the length of the development along East Brainerd Road. The zoning requirements for the Floodway Zone are stated below: Article IV, 1905, B. Permitted Uses Any lawful use permitted in the various zoning districts shall also be permitted in the portions of such zoning districts underlying the FLOODWAY ZONE; subject to all applicable height, yard area, setback, off-street parking, or other regulations applicable in such District; provided, however, that since the FLOODWAY ZONE is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, all encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification and documentation by a registered professional engineer or architect is provided demonstrating to the satisfaction of the Board of Zoning Appeals that such encroachments shall not result in any increase in flood levels during occurrence of the (100-Year) base flood discharge, and further provided that all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of ARTICLE IV, Section 1900. Due to the sensitive nature of the floodway and the fact that the floodway covers an extensive portion of this site, staff is recommending that the applicant be required to identify on site the limits of the floodway before and during the construction phase. This will inform both the contractors/developers and any county staff reviewing the site as to the location of the floodway. As seen in the requirements above, applicant will be required to obtain a Development Permit from the County Building and Zoning Department. Part of that process will be to establish location of the floodway, place silt fences, and stake the floodway. If development impacts the floodway, the applicant will have to complete a Certificate of No Rise which will be reviewed by the County Engineer and the County Board of Zoning Appeals (a public hearing). Additionally, staff was informed that TDEC will be responsible for issuing Land Disturbance Permits for the property. |
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