Planning Commission Agenda, Staff Recommendations

  • Friday, July 1, 2005

The city-county Planning Commission meets Monday, July 11, at 1 p.m. at the County Courthouse to hear a number of zoning cases.

Here is the agenda and staff recommendations:

CHATTANOOGA-HAMILTON COUNTY REGIONAL PLANNING AGENCY

JULY 11, 2005

AGENDA


I. Chairman – Opening Comments and Announcements


II. Old Business

1. 2005-034 – DMW Group, LLC (David Pearson) – 1700 & 8600 Petty Road – City of Chattanooga – Special Exceptions Permit for a Residential PUD

2. 2005-056 – Harry Hulsey – A portion of an unnamed alley running along the rear line of and parallel to properties located on the west line of the 6000 of Ooltewah-Georgetown Road – City of Chattanooga – Mandatory Referral: Abandonment

3. 2005-086 – Stuart F. James – An unopened portion of the 300 block of Bluff View Avenue – Town of Walden – Mandatory Referral: Abandonment

4. 2005-088 – A. J. Nardo – A portion of the unopened 300 block of Griffiss Avenue – Town of Walden – Mandatory Referral: Abandonment

5. 2005-089 – Bette Holladay – 7926 & 7942 Snow Hill Road – Hamilton County – From A-1 Agricultural District to R-1 Single-Family Residential District

6. 2005-119 – Bette Holladay – 7926 & 7942 Snow Hill Road – Hamilton County – Special Exceptions Permit for a Residential PUD

7. 2005-092 – DL Enterprises – 5540 Highway 153 – City of Chattanooga – From R-4 Special Zone to C-2 Convenience Commercial Zone

8. 2005-109 – Angela Hodges – 8007 Snow Hill Road – Hamilton County - From A-1 Agricultural District to R-1 Single-Family Residential District

9. 2005-099 – Angela Hodges – 8007 Snow Hill Road – Hamilton County – Special Exceptions Permit for an R-1 PUD

III. 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. 2005-108 – Robmer Partners – An unopened alley located between the 500 blocks of West 20th and West 21st Streets – City of Chattanooga – Mandatory Referral: Abandonment

2. 2005-110 – Earl Chandler – 2600 Broad Street – City of Chattanooga – From R-3 Residential Zone to M-1 Manufacturing Zone

3. 2005-111 – James E. Citty – 1227 Greens Lake Road – City of East Ridge – From R-1 Residential District & C-5 Neighborhood Commercial District to M-2 Light Industrial District

4. 2005-112 – Wallis Properties, LLC – 1929 Dayton Boulevard – City of Red Bank – From R-2 Residential Zone to C-1 Commercial Zone

5. 2005-113 – Vijay Chaudhari – An unopened alley located perpendicular to the south line of the 3300 block of Wilcox Boulevard – City of Chattanooga – Mandatory Referral: Abandonment

6. 2005-114 – Charles Rickey James – 7115 Gamble Road – Hamilton County – Special Permit: Single Wide Manufactured Home

7. 2005-115 – Michael Turnbow – A portion of the unopened 1500 block of Rogers Street – Hamilton County – Mandatory Referral: Abandonment

8. 2005-116 – Carmack & Johnson, LLC – 603 Lee Pike – Hamilton County – From A-1 Agricultural District to RT-1 Residential Townhouse District

9. 2005-117 – David Dalton – Signature Land Company – 1112 & 1154 East Dallas Road - City of Chattanooga – Special Exceptions Permit for a Preliminary Residential PUD

10. 22005-118 – Scott Smith – 9517 Ooltewah-Georgetown Road – Hamilton County – Revocable Conditional Permit for an Amusement Resort

11. 2005-120 – DMW Group/David Pearson – 8003 Snow Hill Road – Hamilton County – Special Exceptions Permit for a Residential PUD

12. 2005-121 – Ten Tex Investments, LLC – 6620, 6634 & 6644 Sandswitch Road – City of Chattanooga – Special Exceptions Permit for an R-1 PUD
13. 2005-122 – Jack Born – 1521 Keeble Street – City of East Ridge – From R-1 Signle-Family Residential District to M-3 Warehouse and Wholesale District

14. 2005-123 – David D. Thomas – 8420 Standifer Gap Road – Hamilton County – From A-1 Agricultural District to R-T/Z Residential Townhouse/Zero Lot Line District

15. 2005-124 – Cade C. Williamson – 1665 Dallas Lake Road & 8911 Dallas Hollow Road – Hamilton County – From R-1 Single-Family Residential District, C-3 General Business Commercial District & A-1 Agricultural District to O-1 Office District

16. 2005-125 – Chattanooga Development, LLC – 509 Riverfront Parkway – City of Chattanooga – From M-1 Manufacturing Zone to C-3 Central Business Zone

17. 2005-126 – Thomas Charles Reese – 704 Ashland Terrace – City of Chattanooga – From R-1 Residential Zone to C-2 Convenience Commercial Zone

18. 2005-127 – NL Ventures V Mercer, L.P. – Portions of the 3400 block of Lupton Drive and the unit block of Arkwright Street – City of Chattanooga – Mandatory Referral: Abandonment

19. 2005-128 – NL Ventures V Mercer, L.P. – Portions of the 900 thru 1100 blocks of the South Lyerly Street right-of-way, the 900 thru 1200 blocks of the South Watkins Street right-of-way, and the 2300 blocks of the Vance Avenue and East 12th Street rights-of-way – City of Chattanooga – Mandatory Referral: Abandonment

20. 2005-129 – McCallie School, c/o Tara L. Maner, P.E. – Public Sanitary Sewer Line #563 located in the abandoned 2900 block of Kirby Street – City of Chattanooga – Mandatory Referral for the abandonment of public sanitary sewer line

21. 2005-130 – Lewis Sylar – 5218 & 5226 Little Debbie Parkway – Hamilton County – From A-1 Agricultural District to C-3 General Business Commercial District

22. 2005-131 – Bobby Fairbanks – 7371 Applegate Lane – City of Chattanooga – Amend Condition #4 of Ordinance 11246

IV. New Business

1. MR-2005-1009 – City of Chattanooga, c/o William Payne – Easternmost 20 feet of a drainage detention easement which runs parallel to the west line of 652 East 10th Street – City of Chattanooga – Mandatory Referral for abandonment of 20’ of unused drainage/detention easement

2. A resolution to amend the Zoning Ordinance of the City of Chattanooga relating to certain sections regarding Residential Planned Unit Development (P.U.D.) approval by Special Exceptions Permit in residential zones

V. Public Hearing and Action – Subdivision Plats


VI. Approval of Minutes of June 13, 2005


VII. Staff Reports


VIII. Adjourn

APPLICATION NO: 2005-034 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: DMW Group, LLC (David Pearson)

DATE OF PLANNING COMMISSION MEETING: March 14, 2005 (Deferred)
July 11, 2005 (Action Taken)
LOCATION: 1700 & 8600 Petty Road


PRESENT ZONING: R-5 Residential Zone & R-1 Residential Zone

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: Residential PUD – 36 Lots; 34 DUs

SIZE OF TRACT: 9.7 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Trailer

SURROUNDING DEVELOPMENT: Residential – R-5 & R-1 & R-1 PUD

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve, subject to the attached P.U.D. review.

REASONS FOR RECOMMENDATION:
There is already development of this type in this area.
The proposed use would be compatible with adjacent development.

Comments from Public Works:
 Possible “Waters of the State”.
 Marshy-wetland area. No good drainage in area – flat.
 Widen and improve Petty Road.

P.U.D.: Petty Crossing Planned Unit Development
Lots 1-36

CASE NO.: 2005-034

APPLICANT: DMW Group, LLC

ENGINEER: MAP Engineers

DATE OF SUBMITTAL: June 10, 2005

STATUS: Preliminary Planned Unit Development Plan

STAFF COMMENT: 1. The property adjacent to the area of this P.U.D. will not be adversely affected.

2. The plan is consistent with the intent and purpose of the Chattanooga Zoning Ordinance to promote public health, safety, morals and general welfare.

3. The buildings will be used only for single-family dwellings and the usual accessory uses such as private or storage garages and for community activities.

4. There is a need for this development in the proposed location.

5. There is a reasonable assurance that development will proceed according to the spirit and letter of the approved plans.

STAFF RECOMMENDATION: Approve, subject to the following requirements:


A. Planning Commission Requirements

1. Show that the right-of-way radius of the cul-de-sac will be 60’.

2. Label the west right-of-way of the road opposite lots 29-35 as an outer boundary of the P.U.D.

3. Show the width of the road right-of-way in several places.

4. A minimum 40’ road right-of-way is required.

5. Add the following note: “All adjoining property is residential.”

6. Submit sewer plans and profiles to serve all lots with the final P.U.D. plans.

7. Add the following note: “Only detached single-family houses and accessory uses with one house per lot are permitted on lots 1-24 and 26-35.”

8. Add area to lot 36 so that it has public road frontage.

9. Note that there will be 34 dwelling units with a density of 3.5 units per acre.

10. Change drainage easements to private drainage easements.

11. As an alternative to showing all parking areas note there will be at least two off-street parking spaces on each dwelling lot.

12. Show and label the 100 year flood boundary per F.E.M.A. F.I.R.M. No. 47065CO369F. Indicate areas above and below.

B. Chattanooga Sewer and Storm Water Requirements

1. Submit sewer plans and profiles to serve all lots.

2. Submit drainage calculations.

3. In the absence of sewer plans, sewer profiles and drainage calculations there is not sufficient information to comment.

4. Questions about Chattanooga Sewer and Storm Water Requirements should be directed to Mr. David Wilson at 425-7624.

C. Chattanooga Development Director Requirements

1. Show a 5’ utility, paving and sidewalk easement along the road.

2. Build the road to the standard of a 50’ right-of-way road.

3. Questions about Chattanooga Development Director requirements should be directed to Mr. Joel Booth at 757-4886.

D. Chattanooga Fire Department Requirements

1. Show on the plat and install a fire hydrant at the lot line between lots 9 and 10 or the lot line between lots 17 and 18 on the same side of the road as the water line.

2. Show on the plat and install a fire hydrant along the north line of lot 1 or the lot line between lots 28 and 29 on the same side of the road as the water line.

3. Questions about Chattanooga Fire Department requirements should be directed to Mr. Randall Herron at 421-4268.

E. Utility Requirements

1. Show a 10’ power and communication along the front of lots 29-35.

2. Show a 10’ power and communication easement along both sides of the road in lots 1-28.
F. Variance

The engineer has requested a variance the requirement of Article V, Section 1208(17) of the Chattanooga Zoning Ordinance that, when lots are to be sold, the streets in a planned unit development must be built to the standards of the Chattanooga Subdivision Regulations to permit the road right-of-way to be reduced from the 50’ required by the Chattanooga subdivision Regulations to 40’. The Zoning Ordinance has been amended to permit the Planning Commission to grant variances from this section of the Chattanooga Zoning Ordinance. The staff recommends approval of this variance for the following reasons:

1. The Chattanooga Development Director has been contacted and does not object to this variance.

2. The developer is only able to obtain a 40’ right-of-way for the entrance from Petty Road in front of lots 29-35.

3. Petty Road which provides access to this planned unit development has a right-of-way less than 50’ wide.

4. The Chattanooga Development Director is requiring that the road be built to the standards of a 50’ right-of-way road.


G. Tennessee Department of Health and Environment Requirements

1. Under current policies, the Mylar copy of the final plat cannot be recorded until the Tennessee Department of Health and Environment, Division of Water Supply has approved the water line extensions.


H. N.P.D.E.S. Permit

1. Since there is to be more than one acre of disturbed ground, including building sites, in this subdivision, an N.P.D.E.S. (National Pollutant Discharge Elimination System) Permit to discharge storm water associated with construction activity is necessary.

2. Although there is not local enforcement of this permit, the state can impose civil and criminal penalties on the developer for failure to obtain a permit when one is necessary. The developer should contact the following office to answer questions about filing such a permit:

Tennessee Department of Environment and Conservation
Division of Water Pollution Control
540 McCallie Avenue
Suite 550
Chattanooga, TN 37402
(423) 634-5745
I. A.R.A.P. Permit

1. Since a stream may be involved in this subdivision, an A.R.A.P. (Aquatic Resource Alteration Permit) may be required by the State of Tennessee.

2. Although there is no local requirement or enforcement of this permit, the state can impose penalties and requirements if an A.R.A.P. permit is necessary but has not been obtained.

3. The developer is urged to contact the Tennessee Department of Environment, Division of Water Pollution Control at the above address and phone number to determine if an A.R.A.P. permit is required.

APPLICATION NO: 2005-056 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #9
APPLICANT: Harry Hulsey

DATE OF PLANNING COMMISSION MEETING: April 11, 2005 (Deferred)
May 9, 2005 (Deferred)
June 13, 2005 (Deferred)
July 11, 2005 (Action Taken)

LOCATION: A portion of an unnamed alley running along the rear line of and parallel to properties located on the west line of the 6000 block of Ooltewah-Georgetown Road


REQUEST FOR: Abandonment

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

The abandonment would landlock a tract of land to the west of the unopened right-of-way.

APPLICATION NO: 2005-086 JURISDICTION: Town of Walden
Hamilton County Dist. #2
APPLICANT: Stuart F. James

DATE OF PLANNING COMMISSION MEETING: June 13, 2005 (Deferred)
July 11, 2005 (Action Taken)

LOCATION: An unopened portion of the 300 block of Bluff View Avenue


REQUEST FOR: Abandonment


STAFF RECOMMENDATION: Deny


REASONS FOR RECOMMENDATION:

This case was reviewed in the light of the Town of Walden’s Road Closure Policy (1977) and Right-of-Way Closure and Abandonment Policy (1996). Bluff View Avenue (Bluff Avenue) is open on both ends but is closed in the middle. If a need is identified for an east-west corridor in this area, extending Bluff View Avenue could easily provide that connection.

Closure of this section of the right-of-way could also leave parcel 98D-B-008 landlocked (which would need to be determined through extensive title work).


APPLICATION NO: 2005-088 JURISDICTION: Town of Walden
Hamilton County Dist. #2
APPLICANT: A. J. Nardo

DATE OF PLANNING COMMISSION MEETING: June 13, 2005 (Deferred)
July 11, 2005 (Action Taken)

LOCATION: A portion of the unopened 300 block of Griffiss Avenue


REQUEST FOR: Abandonment


STAFF RECOMMENDATION: Deny


REASONS FOR RECOMMENDATION:

This case was reviewed in the light of the Town of Walden’s Road Closure Policy (1977) and Right-of-Way Closure and Abandonment Policy (1996). This is a Tier 3 right-of-way and is listed as an “Optional” Unopened Right-Of-Way in the 1977 Road Closure Policy. The text for Optional Right-Of-Way closure reads: “The closure of the following unopened rights-of-way will not jeopardize vehicular circulation in any appreciable manner, however; they should be closed only under certain circumstances. As the Hunnicutt Tax maps indicate, these platted rights-of-way provide access to various parcels of land. A closure should be approved only in conjunction with land assemblage and/or resubdivision of these properties so that no parcel will be landlocked.”

This closure would not landlock any property but could limit development of the parcels to the west along this unopened right-of-way.


APPLICATION NO: 2005-089 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Bette Holladay

DATE OF PLANNING COMMISSION MEETING: June 13, 2005 (Deferred)
July 11, 2005 (Action Taken)
LOCATION: 7926 & 7942 Snow Hill Road


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: R-1 Single-Family Residential District (amended request on 6/7/05 - original request was for R-T/Z Residential Townhouse/Zero Lot Line District)

PROPOSED DEVELOPMENT: Residential Development

SIZE OF TRACT: 4.61 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Hampton Creek Townhomes & Single-Family

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve, subject to:
1) Single-family detached dwellings; and
2) A maximum density of 20 buildable lots.

REASONS FOR RECOMMENDATION:

This is consistent zoning with surrounding development.
APPLICATION NO: 2005-119 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Bette Holladay

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 7926 & 7942 Snow Hill Road


PRESENT ZONING: R-1 Residential Zone (Case No. 2005-089)

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: Residential PUD

SIZE OF TRACT: 4.61 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential & Vacant

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve, subject to:
1) Single-family detached dwellings;
2) The attached P.U.D. review; and
3) A maximum density of 20 buildable lots.

REASONS FOR RECOMMENDATION:

There is already development of this type in this area.
The proposed use would be compatible with adjacent development.
This is an upgrading to a more restrictive zone.


P.U.D.: Savannah Bay Residential Development
Planned Unit Development
Lots 1-21

CASE NO.: 2005-119

DEVELOPER: Bette Holladay

ENGINEER: MAP Engineers

DATE OF SUBMITTAL: June 9, 2005

STATUS: Preliminary Planned Unit Development Plan

STAFF COMMENTS: 1. The property adjacent to the area included in the plan will not be adversely affected.

2. The plan is consistent with the intent and purpose of the Hamilton County Zoning Regulations to promote public health, safety, morals and general welfare.

3. The buildings will be used only for single-family dwellings and the usual accessory uses as private or storage garages, storage, space and for community activities and recreation.

4. There is a need for such development in the proposed location.

5. There is reasonable assurance that development will proceed according to the spirit and letter of the approved plans.


STAFF RECOMMENDATION: Approve, subject to the following requirements:

B. Planning Commission Requirements

1. Since the proposed density is over 2 units per acre the property must be rezoned or the number of dwelling units reduced to 9. Case No. 2005-089 has been submitted to rezone this property to the R-1 zone.

2. The proposed name Savannah Bay has already been used. Therefore, select another name for this development.

3. Show the center line of Snow Hill Road.

4. Add the following note: “Lots 1-20 to be used for detached single-family houses and accessory uses only.”

5. Add the following note: “The only minimum setbacks required are a minimum 25’ building setback from Snow Hill Road and other outer boundaries of the PUD and free-standing buildings must be at least 10’ apart. Other than above no building setbacks are required.”

6. Show that the cul-de-sac will have a 50’ radius.

7. Show on the plat and install a fire hydrant in lots 1 or 11 at the intersection on the same side of the road as the water line.

8. Show on the plat and install a fire hydrant in lot 21 at the dul-de-sac.

9. Submit a road profile with the final PUD plans.

10. Submit sewer plans and profiles with the final PUD plans.

11. Submit a drainage plan including pipe and spillway locations with the final PUD plan.

12. Add the following note: “At least 2 off-street parking spaces per dwelling unit are required.”


B. Hamilton County Engineer’s Office Requirements

1. A minimum 8” of crushed stone base is required in public roads.

2. Rough grade the road prior to final plat submittal.

3. Questions about Hamilton County Engineer’s Office requirements should be directed to Mr. Mike Hendrix at 209-7810.


C. Tennessee Department of Health and Environment Requirements

1. Under current policies, the Mylar copy of the final plat cannot be recorded until the Tennessee Department of Health and Environment, Division of Water Supply has approved the water line extensions.


D. N.P.D.E.S. Permit

1. Since there is to be more than one acre of disturbed ground, including building sites, in this subdivision, an N.P.D.E.S. (National Pollutant Discharge Elimination System) Permit to discharge storm water associated with construction activity is necessary.

2. Although there is not local enforcement of this permit, the state can impose civil and criminal penalties on the developer for failure to obtain a permit when one is necessary. The developer should contact the following office to answer questions about filing such a permit:

Tennessee Department of Environment and Conservation
Division of Water Pollution Control
540 McCallie Avenue
Suite 550
Chattanooga, TN 37402
(423) 634-5745


E. A.R.A.P. Permit

1. Since a stream may be involved in this subdivision, an A.R.A.P. (Aquatic Resource Alteration Permit) may be required by the State of Tennessee.

2. Although there is no local requirement or enforcement of this permit, the state can impose penalties and requirements if an A.R.A.P. permit is necessary but has not been obtained.

3. The developer is urged to contact the Tennessee Department of Environment, Division of Water Pollution Control at the above address and phone number to determine if an A.R.A.P. permit is required.


APPLICATION NO: 2005-092 JURISDICTION: Chattanooga Dist. #3
Hamilton County Dist. #3
APPLICANT: DL Enterprises

DATE OF PLANNING COMMISSION MEETING: June 13, 2005 (Deferred)
July 11, 2005 (Action Taken)
LOCATION: 5540 Highway 153


PRESENT ZONING: R-4 Special Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: Offices, Light Retail, Barber Shop & Auto Detailing

SIZE OF TRACT: 3.4 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Mixed Use – C-2 & R-2

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Deny C-2; Approve C-5 Neighborhood Commercial Zone, subject to access as shown on their site plan.

REASONS FOR RECOMMENDATION:

The parcel is surrounded by single-family residential.

The Hixson-North River 2004 Update recommends light business mix. Some of the proposed uses can be done in the existing R-4, but the barber shop cannot and does meet the intent of the plan which states neighborhood commercial, office, limited residential, or similar uses. The auto detailing would not meet the intent of the plan.

Recommendation is to deny because the plan does not support the intensity of a C-2 zone.

C-5 meets the intent of the plan’s suggested Neighborhood Commercial.

APPLICATION NO: 2005-109 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Angela Hodges

DATE OF PLANNING COMMISSION MEETING: June 13, 2005 (Deferred)
July 11, 2005 (Action Taken)
LOCATION: 8007 Snow Hill Road


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: R-1 Single-Family Residential District (amended request on 6/7/05 - original request was for R-3 PUD)

PROPOSED DEVELOPMENT: Residential Development

SIZE OF TRACT: 3.4 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve, subject to:
1) Single-family detached dwellings; and
2) A maximum density of 15 buildable lots.

REASONS FOR RECOMMENDATION:

The zoning will be consistent with surrounding development.

APPLICATION NO: 2005-099 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Angela Hodges

DATE OF PLANNING COMMISSION MEETING: June 13, 2005 (Deferred)
July 11, 2005 (Action Taken)
LOCATION: 8007 Snow Hill Road


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: R-1 PUD

SIZE OF TRACT: 3.8 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: N/A

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Approve, subject to:
1) A maximum of 15 single-family detached structures; and
2) The attached P.U.D. Review.

REASONS FOR RECOMMENDATION:

This is more in keeping with an R-1 single-family residential subdivision.
P.U.D. Bay Crest Residential Development
Planned Unit Development
Lots 1-16

CASE NO. 2005-099

DEVELOPER: Angie Hodges

ENGINEER: MAP Engineers

DATE OF SUBMITTAL: May 10, 2005

STATUS: Preliminary Planned Unit Development Plan

STAFF COMMENTS: 1. The property adjacent to the area included in the plan will not be adversely affected.

2. The plan is consistent with the intent and purpose of the Hamilton County Zoning Regulations to promote public health, safety, morals and general welfare.

3. The buildings will be used only for single family dwellings and the usual accessory uses as private or storage garages, storage space and for community activities and recreation.

4. There is a need for such development in the proposed location.

5. There is reasonable assurance that development will proceed according to the spirit and letter of the approved plans.


STAFF RECOMMENDATION: Approve, subject to the following requirements:

A. PLANING COMMISSION REQUIREMENTS

1. Since the proposed density is over 2 units per acre property must be rezoned or the number of dwelling units reduced to 7. Case No. 2005-109 has been submitted to rezone this property to the R-1 zone.

2. Show the center line of Snow Hill Road.

3. Add the following note: “Lots 1-15 to be used for detached single-family houses and accessory uses only.

4. Show on the plat and install a fire hydrant at the lot line between lots 8 and 9.
5. Add the following note: “The only minimum setbacks required are a minimum 25’ setback from Snow Hill Road and other outer boundaries of the PUD and free-standing buildings must be at least 10’ apart. Other than above no building setbacks are required.”

6. Show that the cul-de-sac will have a 50’ radius.

7. Submit a road profile with the final PUD plans.

8. Submit sewer plans and profiles with the final PUD plans.

9. Submit a drainage plan including pipe and spillway locations with the final PUD plan.

10. Add the following note: “At least 2 off-street parking spaces per dwelling unit are required.”

B. Hamilton County Engineer’s Office Requirements

1. A minimum 8” of crushed stone base is required in public roads.

2. Rough grade the road prior to final plat submittal.

3. Questions about Hamilton County Engineer’s Office requirements should be directed to Mr. Mike Hendrix at 209-7810.

C. Tennessee Department of Health and Environment Requirements

1) Under current policies, the Mylar copy of the final plat cannot be recorded until the Tennessee Department of Health and Environment, Division of Water Supply has approved the water line extensions.

D. N.P.D.E.S. Permit

1. Since there is to be more than one acre of disturbed ground, including building sites, in this subdivision, an N.P.D.E.S. (National Pollutant Discharge Elimination System) Permit to discharge storm water associated with construction activity is necessary.

2. Although there is not local enforcement of this permit, the state can impose civil and criminal penalties on the developer for failure to obtain a permit when one is necessary. The developer should contact the following office to answer questions about filing such a permit:

Tennessee Department of Environment and Conservation
Division of Water Pollution Control
540 McCallie Avenue
Suite 550
Chattanooga, TN 37402
(423) 634-5745
E. A.R.A.P. Permit

1. Since a stream may be involved in this subdivision, an A.R.A.P. (Aquatic Resource Alteration Permit) may be required by the State of Tennessee.

2. Although there is no local requirement or enforcement of this permit, the state can impose penalties and requirements if an A.R.A.P. permit is necessary but has not been obtained.

3. The developer is urged to contact the Tennessee Department of Environment, Division of Water Pollution Control at the above address and phone number to determine if an A.R.A.P. permit is required.


APPLICATION NO: 2005-108 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #4
APPLICANT: Robmer Partners

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: An unopened alley located between the 500 blocks of West 20th and West 21st Streets


REQUEST FOR: Abandonment

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

REASONS FOR RECOMMENDATION:

This is a Tier 3 unopened right-of-way.

APPLICATION NO: 2005-110 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #4
APPLICANT: Earl Chandler

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 2600 Broad Street


PRESENT ZONING: R-3 Residential Zone

REQUEST FOR: M-1 Manufacturing Zone

PROPOSED DEVELOPMENT: Retail Space

SIZE OF TRACT: .05 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Parking Lot

SURROUNDING DEVELOPMENT: Manufacturing, Residential, Retail, Commercial & Vacant

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Deny M-1; Approve C-3, subject to C-3 conditions or
Defer for 90 days for the South Broad Zoning Study to be completed.

REASONS FOR RECOMMENDATION:

There is no site plan.

The Design Center is working on a South Broad Zoning Plan with a new Urban Zone in it.
APPLICATION NO: 2005-111 JURISDICTION: City of East Ridge
Hamilton County Dist. #8
APPLICANT: James E. Citty

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 1227 Greens Lake Road


PRESENT ZONING: R-1 Residential District &
C-5 Neighborhood Commercial District

REQUEST FOR: M-2 Light Industrial District

PROPOSED DEVELOPMENT: Expansion of warehouse

SIZE OF TRACT: .34 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant Storage Lot

SURROUNDING DEVELOPMENT: Residential, Church, Meat Supplier, Automobile Repair Facility, Metal Fabricator, Convenience Store

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

Approval would intensify existing traffic problems.

The proposed use would have a negative impact on the surrounding area.

This would intrude too deeply into a residential area.

The applicant’s existing warehouse is located on the adjacent parcel, 1231 Greens Lake Road.

East Ridge has no land use plan.
APPLICATION NO: 2005-112 JURISDICTION: City of Red Bank
Hamilton County Dist. #6
APPLICANT: Wallis Properties, LLC

DATE OF PLANNING COMMISSION MEETING: July 21, 2005

LOCATION: 1929 Dayton Boulevard


PRESENT ZONING: R-2 Residential Zone

REQUEST FOR: C-1 Commercial Zone

PROPOSED DEVELOPMENT: Proposed Office

SIZE OF TRACT: .48 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residence

SURROUNDING DEVELOPMENT: Residential & Commercial

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes No

STAFF RECOMMENDATION: Deny C-1; Approve R-4 for the front 158 feet only (.3 Acres +).

REASONS FOR RECOMMENDATION:

Commercial use would not be appropriate as the property is abutted on both sides by single-family residences.

In addition, there are concerns regarding slope because the entire site is comprised of slopes at least 15% or greater.

Use of the existing developed area is recommended and a site plan is preferable.


APPLICATION NO: 2005-113 JURISDICTION: Chattanooga Dist. #9
Hamilton County Dist. #5
APPLICANT: Vijay Chaudhari

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: An unopened alley located perpendicular to the south line of the 3300 block of Wilcox Boulevard


REQUEST FOR: Abandonment

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

REASONS FOR RECOMMENDATION:

The applicant’s site plan (from case 2005-068) involves the combining of these properties for development. The right-of-way is currently not open and is appropriate for abandonment.


APPLICATION NO: 2005-114 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Charles Rickey James

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 7115 Gamble Road


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: Special Permit

PROPOSED DEVELOPMENT: Single Wide Manufactured Home

SIZE OF TRACT: 18.5 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Double Wide Manufactured Home

SURROUNDING DEVELOPMENT: Single Wide Manufactured Home & Residential

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

This will be in addition to existing double wide on lot.

Two structures are permitted on one lot.

This is a reasonable extension of existing zoning.

There is already development of this type in this area.

The proposed use would be compatible with adjacent development.


APPLICATION NO: 2005-115 JURISDICTION: Hamilton County Dist. #2

APPLICANT: Michael Turnbow

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: A portion of the unopened 1500 block of Rogers Street


REQUEST FOR: Abandonment

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

The portion of right-of-way requested for abandonment was denied in 2004 because it would landlock several parcels. Although two parcels have subdivided and have access elsewhere, currently, parcel 72-101 would be landlocked by this abandonment.


APPLICATION NO: 2005-116 JURISDICTION: Hamilton County Dist. #1

APPLICANT: Carmack & Johnson, LLC

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 603 Lee Pike


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: RT-1 Residential Townhouse District

PROPOSED DEVELOPMENT: Townhomes

SIZE OF TRACT: 1.6 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Mobile Home

SURROUNDING DEVELOPMENT: Townhome Subdivision & Residential

EXTENSION OF EXISTING ZONE: No

IN ACCORDANCE WITH LAND USE PLAN: N/A

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

This would be a spot zone that is not compatible with surrounding single-family development.
Site line on Lee Pike makes ingress and egress from the site hazardous.
No site plan has been submitted.


APPLICATION NO: 2005-117 JURISDICTION: Chattanooga Dist. #2
Hamilton County Dist. #2
APPLICANT: David Dalton – Signature Land Company

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 1112 & 1154 East Dallas Road


PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: Residential PUD - Preliminary

SIZE OF TRACT: 6.5 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: No

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Defer

REASONS FOR RECOMMENDATION:

The applicant and residents have asked for this to be deferred.

It would be preferred if the historic structure could be worked into the development instead of torn down.


APPLICATION NO: 2005-118 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Scott Smith

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 9517 Ooltewah-Georgetown Road


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: Revocable Conditional Permit for Amusement Resort

PROPOSED DEVELOPMENT: Corn Maze

SIZE OF TRACT: 14 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential & Vacant

EXTENSION OF EXISTING ZONE: N/A

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

This has been approved in several consecutive previous years and is still compatible with adjacent development.

The previous requests have had a one year time limit condition that is no longer necessary. This permit will be good unless revoked by the Hamilton County Executive, Hamilton County Health Department, or Hamilton County Sheriff, where it appears that the use, its method of operation, or effect is in fact seriously detrimental to the character of the surrounding area, and such revocation shall not be cause for action against the Chattanooga-Hamilton County Regional Planning Commission, any other county agency, or the Sheriff, who is charged with the enforcement of this resolution.

The Planning Commission has final action and this does not go to the County Commission.


APPLICATION NO: 2005-120 JURISDICTION: Hamilton County Dist. #9

APPLICANT: DMW Group/David Pearson

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 8003 Snow Hill Road


PRESENT ZONING: R-1 Single-Family Residential District

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: Residential PUD

SIZE OF TRACT: 46 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Being developed into a residential subdivision

SURROUNDING DEVELOPMENT: Commercial & Office

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve, subject to:
1) Single-family detached dwellings;
2) A maximum density of 2.08 units per acre; and
3) The attached PUD review.

REASONS FOR RECOMMENDATION:

This is a reasonable extension of existing zoning.
There is already development of this type in this area.
The proposed use would be compatible with adjacent development.
PUD: Hampton Cove Planned Unit Development
Lots 1-101

CASE NO.: 2005-120

DEVELOPER: Coughlin Properties, LLC

SURVEYOR: David Mathews Surveying Co.

ENGINEER: MAP Engineers

DATE OF SUBMITTAL: June 10, 2005

STATUS: Preliminary and Final Planned Unit Development Plan
Reviewed Simultaneously

STAFF COMMENT: 1. The property adjacent to the area included in the plan will not be adversely affected.

3. The plan is consistent with the intent and purpose of the Hamilton County Zoning Regulations to promote public health, safety, morals and general welfare.

4. The buildings will be used only for single-family dwellings and the usual accessory uses as private or storage garages, storage space and for community activities and recreation.

5. There is a need for such development in the proposed location.

6. There is reasonable assurance that development will proceed according to the spirit and letter of the approved plans.

STAFF RECOMMENDATION: Approve as both a preliminary and a final Planned Unit Development plan, subject to the following requirements:

A. Planning Commission Requirements

1. Give the roads names approved by the GIS Department.

2. Since there are more than 25 lots in this subdivision, Section 305.3 of the Hamilton County Subdivision Regulations requires two concrete boundary control monuments located to an accuracy of 1:20,000 in State Plane Coordinates. Show the location and coordinates of these monuments.

3. Show on the plat and install a fire hydrant at each of the following locations. Alternative locations are given so that fire hydrants can be installed on the same side of the road as the water line.

a. in lots 80 or 101 at the intersection
b. at the lot line between lots 89 and 90

c. at the lot line between lots 10 and 11 or the lot line between lots 73 and 74

d. in lots 49 or 50 at the intersection

e. at the lot line between lots 35 and 36 or across the road at lot 60

4. Show the drainage detention area in lot 99 and 100 and adjoining property and label it as a drainage detention area easement.

5. Show the size, location and number of acres drained for drainage pipes which cross road center lines.

6. Show 20’ sanitary sewer easements in lots where sewer lines cross lots.

7. Show a 10’ drainage easement at the rear of lots 15-28 for the drainage swale.

8. Show 10’ drainage easements where drainage pipes cross lots.

9. Show a 10’ drainage easement along the line between lots 9 and 10.

10. Submit drainage calculations for drainage pipes which cross road center lines on the Drainage Calculation Table in Appendix 7 of the Hamilton County Subdivision Regulations.

11. Add the following note: “Public sanitary sewer is available to lots 2-101 by HCWWTA.”

12. Show where the center line of Roy Lane intersects Snow Hill Road.

13. Change Final Plat to Final Planned Unit Development Plan.

14. Change zoning to R-1 PUD.

15. Show the phone number of the owner.

16. Add the seal of the surveyor.

17. Add the following engineer’s statement and have it signed by an engineer: “I certify that I have reviewed or designed the sanitary sewers shown on this plat and that the design meets proper engineering criteria.” Add the seal and address of the engineer.

18. Show the radius, tangent distance and delta angle of all curved frontages.

19. Add the following note: “The owners of lots 99 and 100 are responsible to maintain the drainage detention areas and facilities on their lots.”

20. Label the roads as private.

21. Give the streets names approved by the GIS Department.

22. Show street addresses per GIS.

23. Add the following note: “The Government of Hamilton County is not responsible to construct or maintain drainage easements, drainage detention areas or roads.”

24. Add the following note: “All roads shown are private. The Government of Hamilton County is not responsible to construct or maintain any streets in this P.U.D.”

25. Add the following note: “All utilities shall have the perpetual right to access all road right-of-ways at any time to install, operate, maintain, patrol and upgrade their facilities.”

26. Add the following note: “No residential building permit is permitted on Community Lot 1. Community Lot 1 is to be used for community or open space purposes.”

27. Add the following note: “Only detached, single-family houses and accessory uses with one house per lot are permitted on lots 2-101.”

28. Add the following note: “The only minimum building setbacks required are a minimum 25’ building setback from Snow Hill Road right-of-way and other outer boundaries of this P.U.D. Free-standing buildings must be at least 10’ apart. Other than above no other minimum building setbacks are required.”

29. Add the following note: “All adjoining property is residential.”

30. Add the following note: “100 dwelling units – Density 2.1 units per acre.”

31. Add a drawing for a typical right-of-way island at lots 30, 35 or 45.

32. Correct overprints on road frontages.

33. Show right-of-way width for Road “B”.

34. Add the following note: “The Government of Hamilton County is not responsible to maintain any facility, ground or anything else on Community Lot 1.”

35. Per requirements of the Hamilton County Zoning regulations note how Community Lot 1 will be maintained.

36. West of lots 30-35 show adjoining lot numbers, subdivision names and plat references for adjoining lots 1-5 of Larry Hughes and Haynes Glades Subdivision per Plat Book 50-Pate 167 and Plat Book 41-Page 144.

B. Hamilton County Engineer’s Office Requirements

1. A minimum 8” of crushed stone base is required in roads.

2. Questions about Hamilton County Engineer’s Office requirements should be directed to Mr. Mike Hendrix at 209-7810.
C. Tennessee Department of Health and Environment Requirements

1. Under current policies, the Mylar copy of the final plat cannot be recorded until the Tennessee Department of Health and Environment, Division of Water Supply has approved the water line extensions.


D. N.P.D.E.S. Permit

1. Since there is to be more than one acre of disturbed ground, including building sites, in this subdivision, an N.P.D.E.S. (National Pollutant Discharge Elimination System) Permit to discharge storm water associated with construction activity is necessary.

2. Although there is not local enforcement of this permit, the state can impose civil and criminal penalties on the developer for failure to obtain a permit when one is necessary. The developer should contact the following office to answer questions about filing such a permit:

Tennessee Department of Environment and Conservation
Division of Water Pollution Control
540 McCallie Avenue
Suite 550
Chattanooga, TN 37402
(423) 634-5745

E. A.R.A.P. Permit

1. Since a stream may be involved in this subdivision, an A.R.A.P. (Aquatic Resource Alteration Permit) may be required by the State of Tennessee.

2. Although there is no local requirement or enforcement of this permit, the state can impose penalties and requirements if an A.R.A.P. permit is necessary but has not been obtained.

3. The developer is urged to contact the Tennessee Department of Environment, Division of Water Pollution Control at the above address and phone number to determine if an A.R.A.P. permit is required.

F. Special Notice

No revised or corrected plat is required. Please cover the specified conditions in the preparation of the Mylar copy of the P.U.D. plan for recording.

Please remember that these staff recommendations are tentative until officially approved by the Planning Commission and the Hamilton County Commission.

APPLICATION NO: 2005-121 JURISDICTION: Chattanooga Dist. #3
Hamilton County Dist. #3
APPLICANT: Ten Tex Investments, LLC

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 6620, 6634 & 6644 Sandswitch Road


PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: R-1 PUD

SIZE OF TRACT: 4.9 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Defer

REASONS FOR RECOMMENDATION:

Defer for policy that will address infill attached housing in areas that are predominately low-density residential.

Ten Tex Investments, LLC is requesting a Special Exceptions Permit for an R-1 PUD to be located at 6644, 6634, and 6620 Sandswitch Road. Following review of the site plan and field inspection three concerns exist: site distance for traffic at the entrance, lack of required community/public open space, and lack of required sidewalks/pedestrian facilities. Other considerations include location of storm water detention natural/engineered.

Conditions if approved:
1. Present a new site plan designating community open space by shortening the eastern lot lines for all 14 lots as shown on modified site plan provided as an attachment to this recommenda-tion.
2. Retain existing tree canopy in areas not shown for development on proposed site plan for the purposes of stormwater detention and buffering of surrounding single family residences.
3. Also include in the new site plan sidewalks and any other proposed pedestrian facilities such as walking paths, trails, picnic areas.
4. Obtain approval from City Traffic Engineer for acceptable entrance sight distance.

APPLICATION NO: 2005-122 JURISDICTION: City of East Ridge
Hamilton County Dist. #8
APPLICANT: Jack Born

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 1521 Keeble Street


PRESENT ZONING: R-1 Single-Family Residential District

REQUEST FOR: M-3 Warehouse and Wholesale District

PROPOSED DEVELOPMENT: Use as office for the Hide-Away Storage site

SIZE OF TRACT: .5 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Mini Warehouse, Commercial & Residential

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

The rezoning would allow the manufacturing zone (M-3) to encroach into the residential neighborhood. The character of the area is residential rather than manufacturing/industrial.

Illegal access to the mini-warehouses is from Keeble Street, rather than Ringgold Road.

The Planning Commission and the City of East Ridge denied a previous request in May of 2002.
APPLICATION NO: 2005-123 JURISDICTION: Hamilton County Dist. #7

APPLICANT: David D. Thomas

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 8420 Standifer Gap Road


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: R-T/Z Residential Townhouse/Zero Lot Line District

PROPOSED DEVELOPMENT: Subdivision Development with a mix of single-family residential and townhomes

SIZE OF TRACT: 18.5 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: 2 Structures

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: No

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Defer for policy to be completed.

Option 1- Approve, with the following conditions:
 Density shall not exceed 3.7 DU/A as shown on site plan.
 Total open community space shall be a minimum of 1.85 acres (10% of total site).
 Subdivision review.
Option 2- Defer for new site plan reflecting the conditions listed in Option 1 and showing all required landscape buffers.
Option 3- Deny. Resubmit as R-1 PUD.

REASONS FOR RECOMMENDATION:

Without sewers this would be hard to develop at the density R-T/Z would allow.
APPLICATION NO: 2005-124 JURISDICTION: Hamilton County Dist. #1

APPLICANT: Cade C. Williamson

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

OCATION: 1665 Dallas Lake Road & 8911 Dallas Hollow Road


PRESENT ZONING: R-1 Single-Family Residential District,
C-3 General Business Commercial District &
A-1 Agricultural District

REQUEST FOR: O-1 Office District

PROPOSED DEVELOPMENT: Funeral Home & Parking Lot

SIZE OF TRACT: 1.13 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Church and gravel parking area

SURROUNDING DEVELOPMENT: Residential, Cemetery & Self-Storage Business

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes No

STAFF RECOMMENDATION: Approve, subject to:
1) Screening requirement:
On all lot lines abutting R-1 and A-1 district require a sight-obscuring solid fence with a minimum height of six feet and at least one of the following:
a) Greenbelt planting strip with at least one row of deciduous and evergreen trees spaced not more than 15 feet apart, at least eight feet tall, and with a minimum trunk diameter of a 1½ inches at planting; or
b) Greenbelt planting strip with at least one row of shrubs spaced 5 feet apart with a minimum height of 30 inches at planting;
3) Parking lot shall have one tree planted island located at the end of each row of parking spaces; and
4) Use as a funeral home only.

REASONS FOR RECOMMENDATION:

Funeral homes are permitted in O-1 Office District.

This is a reasonable extension of the existing O-1 zoning.
APPLICATION NO: 2005-125 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: Chattanooga Development, LLC

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 509 Riverfront Parkway


PRESENT ZONING: M-1 Manufacturing Zone

REQUEST FOR: C-3 Central Business Zone

PROPOSED DEVELOPMENT: Mixed Use

SIZE OF TRACT: 4.7 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Industrial

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes No

STAFF RECOMMENDATION: Defer for a site plan.

REASONS FOR RECOMMENDATION:

There is no site plan or parking plan.

APPLICATION NO: 2005-126 JURISDICTION: Chattanooga Dist. #2
Hamilton County Dist. #2
APPLICANT: Thomas Charles Reese

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 704 Ashland Terrace


PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: Plumbing Shop

SIZE OF TRACT: 1.3 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Commercial, Residential, Vacant & Office

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve the front 450’ (1 Acres +), subject to retention of wooded buffer to rear as shown on site plan and Board of Zoning Appeals variance for required Type “B” buffer on west lot line.

REASONS FOR RECOMMENDATION:

The Hixson/North River Land Use Plan recommends medium business mix, which includes C-2 commercial uses in this area.

This is a reasonable extension of existing zoning, and there is already development of this type in this area.

A wooded buffer to the rear should be retained to protect the residential neighborhood. Due to the limited width of the lot a new driveway to the rear will require a variance from the Board of Zoning Appeals for a smaller Type 2 landscape screen.


APPLICATION NO: 2005-127 JURISDICTION: Chattanooga Dist. #2
Hamilton County Dist. #4
APPLICANT: NL Ventures V Mercer, L.P.

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: Portions of the 3400 block of Lupton Drive and the unit block of Arkwright Street.

REQUEST FOR: Abandonment

STAFF RECOMMENDATION: Approve, subject to a six (6) foot right-of-way abandonment of Dixie Circle adjacent to Mercer Street from iron pin immediately north of projection E as shown on survey in file to west Mercer Street driveway curb cut and right-of-way abandonment of unopened section Arkwright Street adjacent to 14-16 Dixie Circle, subject to approval of City Engineer and all public utilities.

REASONS FOR RECOMMENDATION:
The applicant is requesting abandonment of sections of the right-of-way of Dixie Circle and Arkwright Street to accommodate building and fence protrusions into the right-of-way in order to resolve title issues. A temporary use permit is not a viable option due to its possible 30-day revocability. That portion of Arkwright Street beyond the Mercer fence line should revert to the property owners at 14 and 16 Dixie Circle.

APPLICATION NO: 2005-128 JURISDICTION: Chattanooga Dist. #7 & 8
Hamilton County Dist. #6
APPLICANT: NL Ventures V Mercer, LP

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: Portions of the 900 thru 1100 blocks of the South Lyerly Street right-of-way, the 900 thru 1200 blocks of the South Watkins Street right-of-way, and the 2300 blocks of the Vance Avenue and East 12th Street rights-of-way


REQUEST FOR: Abandonment

STAFF RECOMMENDATION: Approve only where the buildings are located (G, M, N & O), subject to approval of City Engineer and all public utilities.

REASONS FOR RECOMMENDATION:

They will probably have to move the fence to be able to sell the property.


APPLICATION NO: 2005-129 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #6
APPLICANT: McCallie School, c/o Tara L. Maner, P.E.

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: Public Sanitary Sewer Line #563 located in the abandoned 2900 block of Kirby Street


REQUEST FOR: Mandatory Referral pursuant to T.C.A. 13-4-104 for the abandonment of public sanitary sewer line.

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

REASONS FOR RECOMMENDATION:

The streets in this area have been abandoned for the expansion of McCallie School.


APPLICATION NO: 2005-130 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Lewis Sylar

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 5218 & 5226 Little Debbie Parkway


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: C-3 General Business Commercial District

PROPOSED DEVELOPMENT: Commercial Development

SIZE OF TRACT: 35.17 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential, Recreational, Industrial & Vacant

EXTENSION OF EXISTING ZONE: No

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

Site is located in an area that is primarily high-quality low-density residential.

Approval of request would allow commercial and light manufacturing.

No site plan was provided.

No details were given regarding what type of “commercial development” is proposed.

No other similar use is nearby.

Site is suitable for a mixture of residential types as found in a Residential Planned Unit Development.


NOTE: This case will need to be sent to Collegedale if approved because their access is in the City of Collegedale.
APPLICATION NO: 2005-131 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #8
APPLICANT: Bobby Fairbanks

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: 7371 Applegate Lane


PRESENT ZONING: O-1 Office Zone

REQUEST FOR: Amend Condition #4 of Ordinance 11246 (Case No. 2002-005): “Existing buildings shall be retained.”

PROPOSED DEVELOPMENT: Parking

SIZE OF TRACT: .47 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residence

SURROUNDING DEVELOPMENT: Office, Residential & Commercial

EXTENSION OF EXISTING ZONE: N/A

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

The Hamilton Place Community Plan (2001) recommends that the area of Applegate Road. is also appropriate for professional office uses. It further states: “Due to the quality and nature of existing structures on Applegate Road, it is recommended that existing structures be retained.” When Applegate Subdivision was rezoned to O-1 in 2002, the purpose of the rezoning was to address the goals of the Hamilton Place plan. One condition of that rezoning was that “Existing buildings shall be retained.” Another condition is that uses are “Limited to professional offices, medical or dental offices, and clinics only.”

If approved, they would still not be able to put the Hair Benders parking lot because of the condition that states “Limited to professional offices, medical or dental office, and clinics only.”

Parking in this area should not be for business on Gunbarrel Road.

The intent of the condition to retain the existing structures was to keep a residential appearance if used for office.

APPLICATION NO: MR-2005-1009 JURISDICTION: Chattanooga Dist. #8
Hamilton County Dist. #4
APPLICANT: City of Chattanooga, c/o William Payne, Assistant City Engineer

DATE OF PLANNING COMMISSION MEETING: July 11, 2005

LOCATION: Easternmost 20 feet of a drainage detention easement which runs parallel to the west line of 652 East 10th Street


REQUEST FOR: Mandatory Referral pursuant to T.C.A. for abandonment of 20’ of unused drainage/detention easement.

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

REASONS FOR RECOMMENDATION:

This request is from the City of Chattanooga.


A RESOLUTION TO AMEND
THE ZONING ORDINANCE OF THE CITY OF CHATTANOOGA
RELATING TO CERTAIN SECTIONS REGARDING
RESIDENTIAL PLANNED UNIT DEVELOPMENT (P.U.D.) APPROVAL
BY SPECIAL EXCEPTIONS PERMIT IN RESIDENTIAL ZONES


WHEREAS, the Chattanooga-Hamilton County Regional Planning Commission has reviewed a proposal to amend certain sections of the Chattanooga Zoning Ordinance to list Residential Planned Unit Development as a use with a special exceptions permit; and

WHEREAS, Article V, Section 1202 allows Residential Planned Unit Development in any residential zone; and

WHEREAS, not all residential zones reference the allowed use within their section; and

NOW, THEREFORE, BE IT RESOLVED that on July 11, 2005 the Chattanooga-Hamilton County Regional Planning Commission does respectfully recommend to the Chattanooga City Council that the Chattanooga Zoning Ordinance be amended as follows:

Amend Article V, Section 120, RT-1 Residential Townhouse Zone by adding the following subsection:

127. Uses Permitted as Special Exceptions by the City Council:

Planned Unit Development – Residential:
Flexibility in the arrangement of residential uses may be permitted by the City Council as special exceptions in any residential zone, provided that the minimum size of any tract of land sought to be used for the planned unit shall be two (2) acres and that a desirable environment through the use of good design procedures is assured, allowing flexibility in individual yard requirements to provide for multiple dwelling units, townhouses, and two family units, except that such use or uses shall require a Special Permit under the terms of Article V of this Ordinance.

Amend Article V, Section 150, RZ-1 Zero Lot Line Residential Zone by adding the following subsection:

157. Uses Permitted as Special Exceptions by the City Council:

Planned Unit Development – Residential:
Flexibility in the arrangement of residential uses may be permitted by the City Council as special exceptions in any residential zone, provided that the minimum size of any tract of land sought to be used for the planned unit shall be two (2) acres and that a desirable environment through the use of good design procedures is assured, allowing flexibility in individual yard requirements to provide for multiple dwelling units, townhouses, and two family units, except that such use or uses shall require a Special Permit under the terms of Article V of this Ordinance.


Amend Article V, Section 160, R-T/Z Residential Townhouse/Zero Lot Line Zone by adding the following subsection:

167. Uses Permitted as Special Exceptions by the City Council:

Planned Unit Development – Residential:
Flexibility in the arrangement of residential uses may be permitted by the City Council as special exceptions in any residential zone, provided that the minimum size of any tract of land sought to be used for the planned unit shall be two (2) acres and that a desirable environment through the use of good design procedures is assured, allowing flexibility in individual yard requirements to provide for multiple dwelling units, townhouses, and two family units, except that such use or uses shall require a Special Permit under the terms of Article V of this Ordinance.


Amend Article V, Subsection 253, R-3MD Moderate Density Zone by adding the following:

(2) Planned Unit Development – Residential:
, Flexibility in the arrangement of residential uses may be permitted by the City Council as special exceptions in any residential zone, provided that the minimum size of any tract of land sought to be used for the planned unit shall be two (2) acres and that a desirable environment through the use of good design procedures is assured, allowing flexibility in individual yard requirements to provide for multiple dwelling units, townhouses, and two family units, except that such use or uses shall require a Special Permit under the terms of Article V of this Ordinance.

Amend Article V, Subsection 403, R-4 Residential Zone by adding the following:

(3) Planned Unit Development – Residential:
Flexibility in the arrangement of residential uses may be permitted by the City Council as special exceptions in any residential zone, provided that the minimum size of any tract of land sought to be used for the planned unit shall be two (2) acres and that a desirable environment through the use of good design procedures is assured, allowing flexibility in individual yard requirements to provide for multiple dwelling units, townhouses, and two family units, except that such use or uses shall require a Special Permit under the terms of Article V of this Ordinance.


Amend Article V, Section 410, R-5 Residential Zone by adding the following subsection:

416. Uses Permitted as Special Exceptions by the City Council:

Planned Unit Development – Residential:
Flexibility in the arrangement of residential uses may be permitted by the City Council as special exceptions in any residential zone, provided that the minimum size of any tract of land sought to be used for the planned unit shall be two (2) acres and that a desirable environment through the use of good design procedures is assured, allowing flexibility in individual yard requirements to provide for multiple dwelling units, townhouses, and two family units, except that such use or uses shall require a Special Permit under the terms of Article V of this Ordinance.

Respectfully submitted,




Barry M. Bennett, Secretary

Date of Adoption: July 11, 2005

BMB:JP:PD:jd


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