Planning Commission Agenda And Staff Recommendations

  • Friday, November 3, 2006

Here is the agenda and staff recommendations for the Nov. 13 meeting of the city-county Planning Commission.

It will be at 1 p.m. at the County Courthouse.

CHATTANOOGA-HAMILTON COUNTY REGIONAL PLANNING AGENCY

NOVEMBER 13, 2006

AGENDA


I. Chairman – Opening Comments and Announcements


II. Public Hearing and Action – Subdivision Plats


III. Old Business

1. 2006-060 – Chattanooga Housing Authority – 1 East 25th Street – City of Chattanooga – From R-3 Residential Zone & M-1 Manufacturing Zone to C-2 Convenience Commercial Zone

2. 2006-180 – Birmingham Asset Management, Inc. - 2100 Market Street – City of Chattanooga – From M-1 Manufacturing Zone & C-2 Convenience Commercial Zone to C-3 Central Business Zone

3. 2006-191 – D&M Development – 10240, 10254, 10268, 10282, 10296 & 10310 East Brainerd Road – Hamilton County – Special Exceptions Permit for a PUD

4. 2006-205 – James Patterson – 3404 Navajo Drive – City of East Ridge – From O-1 Office District to R-3 Residential Apartment District


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. 2006-216 – T-Mobile South, LLC – 1297 Springview Drive – Hamilton County – Conditional Permit for Cell Tower

2. 2006-218 – Ken Defoor – 2300 Block of Timberlane Trail – City of Chattanooga – Mandatory Referral: Abandonment

3. 2006-220 – William H. Ring – A portion of the unopened 1000 Block of Wavery Street – City of Chattanooga – Mandatory Referral: Abandonment

4. 2006-221 – James & Gwendolyn Love – Unopened alley located on the west line of the 3800 Block of Alton Park Boulevard – City of Chattanooga – Mandatory Referral: Abandonment

5. 2006-223 – Union Point Properties – Part of 6500 Lynn Road – Hamilton County – Special Exceptions Permit to amend existing PUD boundary

6. 2006-222 – Union Point Properties – Part of 6500 Lynn Road – Hamilton County – Special Exceptions Permit for a PUD

7. 2006-224 – Earthworx, LLC – Part of the 5500 Block of Hixson Pike – City of Chattanooga – From R-2 Residential Zone to C-2 Convenience Commercial Zone

8. 2006-225 – Lamar McDaniel – Part of 7032 Snow Hill Road – Hamilton County – From A-1 Agricultural District to R-1 Single-Family Residential District

9. MR-2006-226 – City of Chattanooga, c/o William C. Payne – City of Chattanooga – A portion of the unopened 4300 & 4400 Blocks of Old Kelly’s Ferry Road – City of Chattanooga – Mandatory Referral: Abandonment

10. 2006-227 – N.H. Partners, L.P. – 1906 Gunbarrel Road – City of Chattanooga – From R-4 Special Zone to C-2 Convenience Commercial Zone

11. 2006-228 – Basaam Issa – ANT Group, LLC – 1853 Gunbarrel Road – City of Chattanooga – From R-1 Residential Zone to C-2 Convenience Commercial Zone

12. 2006-229 – Fatherson, GP – A portion of the unopened 7600 Block of Pfizer Drive right-of-way – Hamilton County – Mandatory Referral: Abandonment

13. MR-2006-230 – City of Chattanooga, c/o Paul Page – 1301 Riverfront Parkway – City of Chattanooga – Mandatory Referral to have property declared “Surplus”


V. New Business

1. A resolution to amend the Zoning Ordinance of the City of Chattanooga, Tennessee regarding the parking requirement table in Article V

2. A resolution amending Article 3, Section 303 of the City of Chattanooga Subdivision Regulations regarding division of lots in recorded subdivisions

3. A resolution to amend the Zoning Ordinance of the City of Chattanooga, Tennessee to include the Urban General Commercial Zone as a new zone in Article V

4. A resolution amending the Zoning Ordinance of the City of Lakesite, Tennessee related to the C-1 Commercial Zone, Guest Lodging and Recreational Vehicle Park


VI. Approval of Minutes of October 9, 2006


VII. Staff Reports


VIII. Adjourn


APPLICATION NO: 2006-060 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #4
APPLICANT: Chattanooga Housing Authority

DATE OF PLANNING COMMISSION MEETING: March 13, 2006 & November 13, 2006

LOCATION: 1 East 25th Street


PRESENT ZONING: R-3 Residential Zone &
M-1 Manufacturing Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: Redevelopment in accordance with the Down-town Plan.

SIZE OF TRACT: 20 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: School & Interstate

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: No

STAFF RECOMMENDATION: Defer for a site plan.

REASONS FOR RECOMMENDATION:

The South Side Plan calls for C-3.

This case was deferred back to the Planning Commission because it had been held at City Council and it was still not ready to be heard.

The CHA is resubmitting an RFP for this property and does not have an intended use at this time and therefore does not have a site plan available.

APPLICATION NO: 2006-180 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #4
APPLICANT: Birmingham Asset Management, Inc.

DATE OF PLANNING COMMISSION MEETING: September 11, 2006 (Deferred)
October 9, 2006 (Deferred)
November 13, 2006 (Action Taken)
LOCATION: 2100 Market Street


PRESENT ZONING: M-1 Manufacturing Zone &
C-2 Convenience Commercial Zone

REQUEST FOR: C-3 Central Business Zone

PROPOSED DEVELOPMENT: Hotel & Commercial Buildings

SIZE OF TRACT: 3.07 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant Motel

SURROUNDING DEVELOPMENT: Commercial, Hotel & Parking

EXTENSION OF EXISTING ZONE: No

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION:

Approve, subject to review by the City Engineer’s Office for relocation of sanitary sewer; and

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. 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 buildings shall be 18 feet minimum and 48 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:
 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
 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.
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.

REASONS FOR RECOMMENDATION:

The Southside Redevelopment Plan recommends medium-business mix for this area.

While this case was submitted prior to implementation of RPA’s new site plan re-quirements, evaluating the merits of this request and attempting to craft appropriate C-3 conditions is not possible without a detailed site plan. The site plan we have now is not satisfactory.

Need to show proposed landscaping and any proposed new buildings.

Only half a site plan has been submitted.

APPLICATION NO: 2006-191 JURISDICTION: Hamilton County Dist. #9

APPLICANT: D & M Development

DATE OF PLANNING COMMISSION MEETING: September 11, 2006 (Deferred)
October 9, 2006 (Deferred)
November 13, 2006 (Action Taken)

LOCATION: 10240, 10254, 10268, 10282, 10296 & 10310 East Brainerd Road


PRESENT ZONING: R-1 Single-Family Residential District

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: PUD – Multi-Family & Townhomes – 41 Units
Requesting Preliminary & Final Approval

SIZE OF TRACT: 10.3 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Agricultural

EXTENSION OF EXISTING ZONE: N/A

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve all but the last 5 units located east of the cul-de-sac.

REASONS FOR RECOMMENDATION:

A recorded plat (PB 80, PG 73) for this site depicts a different floodway from that shown on the applicant’s site plan. Staff can not support the current PUD request as depicted in the site plan due to concerns over the discrepancy of the floodway location and because the current site plan shows residential buildings in the area of discrepancy. Recommending approval of residential structures in a potential area of floodway is a concern to staff and is a possible liability for RPA and the County.

Therefore, staff is recommending approval of this request without the 5 units shown in the area of discrepancy. This is due to the fact that FEMA flood map are frequently wrong and the engineered, recorded plat for this property shows a floodway very different from that shown on the applicant’s site plan. Additionally, there is potential for flood damage to residential property, and the County Engineer has expressed reservations regarding the location of the floodway on this site.

APPLICATION NO: 2006-205 JURISDICTION: City of East Ridge
Hamilton County Dist. #8
APPLICANT: James Patterson

DATE OF PLANNING COMMISSION MEETING: October 9, 2006 (Deferred)
November 13, 2006 (Action Taken)
LOCATION: 3404 Navajo Drive


PRESENT ZONING: O-1 Office District

REQUEST FOR: R-3 Residential Apartment District

PROPOSED DEVELOPMENT: Bed & Breakfast

SIZE OF TRACT: 1.3 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant Office

SURROUNDING DEVELOPMENT: Offices & Residential

EXTENSION OF EXISTING ZONE: No

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve, subject to:
1) Bed and breakfast use only; and
2) Use of existing structure.

REASONS FOR RECOMMENDATION:

Per the requirements of the East Ridge Zoning Ordinance, bed and breakfast uses are permitted within the R-3 zone only. Adjacent land uses include professional offices, and residential dwellings. The proposed bed and breakfast use would not negatively impact adjacent land uses.

The R-3 zone permits multi-family dwellings and multi-family dwellings would not be appropriate for this area; therefore, the rezoning should be conditioned to bed and breakfast use only, and use of the existing structure.

This case was held at the October meeting at the applicant’s request.


APPLICATION NO: 2006-216 JURISDICTION: Hamilton County Dist. #7

APPLICANT: T-Mobile South, LLC

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: 1297 Springview Drive


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: Conditional Permit for Cell Tower

PROPOSED DEVELOPMENT: Wireless Telecommunication Facility

SIZE OF TRACT: 6.6 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: N/A

IN ACCORDANCE WITH LAND USE PLAN: N/A

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

The applicant appears to have provided all the necessary information and meet the requirements of the zoning ordinance.

Based on the information provided by the applicant, there does appear to be a need for coverage in this area.

The applicant, in a letter provided with the application, would like the landscaping requirement to be waived as there is existing dense vegetation on site. Applicant should be informed that relief from the landscape requirement is through the variance process.

APPLICATION NO: 2006-218 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: Ken Defoor

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: 2300 Block of Timberlane Trail


REQUEST FOR: Abandonment


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


REASONS FOR RECOMMENDATION:

This portion of Timberland Trail is proposed to be completely contained in a new development.

Closure of this road does not necessarily limit connectivity. This road provides access from Shallowford Road to McCutcheon Road. However, a new road proposed for this site will also provide potentially safer (with a signalized intersection) connectivity between those two roads.

APPLICATION NO: 2006-220 JURISDICTION: Chattanooga Dist. #1
Hamilton County Dist. #6
APPLICANT: William H. Ring

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: A portion of the unopened 1000 Block of Wavery Street


REQUEST FOR: Abandonment


STAFF RECOMMENDATION: Deny


REASONS FOR RECOMMENDATION:

Closure of this unopened right-of-way would leave 4 lots on the northwest side of Waverly Street with no access to a public street. The applicant has indicated he may purchase said lots; until the issue is resolved, denial or deferral is recommended.


APPLICATION NO: 2006-221 JURISDICTION: Chattanooga Dist. #7
Hamilton County Dist. #4
APPLICANT: James & Gwendolyn Love

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: An unopened alley located on the west line of the 3800 Block of Alton Park Boulevard


REQUEST FOR: Abandonment


STAFF RECOMMENDATION: Deny abandonment, but recommend they obtain a Temporary Use Permit through the City Engineer’s Office.


REASONS FOR RECOMMENDATION:

The staff is not confident with closing a portion of the right-of-way and would like to see a site plan and would prefer they wait to obtain the closure until there is an overall larger development.

APPLICATION NO: 2006-223 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Union Point Properties

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: Part of 6500 Lynn Road


PRESENT ZONING: R-1 PUD

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: Amend existing PUD Boundary

SIZE OF TRACT: 11.67 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: PUD

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: N/A

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve, subject to the attached PUD review.

REASONS FOR RECOMMENDATION:

There are similar uses in the area.

The property adjacent to the area included in the plan will not be adversely affected.

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

That the buildings shall be used only for single-family dwellings, two-family dwellings, or multi-family dwellings, and the usual accessory uses such as private or storage garages, storage space, and for community activities, including school and/or churches.

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

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

APPLICATION NO: 2006-222 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Union Point Properties

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: Part of 6500 Lynn Road


PRESENT ZONING: R-1 PUD

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: PUD to create a new 9 lot PUD

SIZE OF TRACT: 7.14 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Undeveloped area of Sunset Landing PUD

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: N/A

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

There are similar uses in the area.

The 2030 Comprehensive Plan supports residential development in the area.

The property adjacent to the area included in the plan will not be adversely affected.

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

That the buildings shall be used only for single-family dwellings, two-family dwellings, or multi-family dwellings, and the usual accessory uses such as private or storage garages, storage space, and for community activities, including school and/or churches.

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

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

APPLICATION NO: 2006-224 JURISDICTION: Chattanooga Dist. #3
Hamilton County Dist. #3
APPLICANT: Earthworx, LLC

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: Part of the 5500 Block of Hixson Pike


PRESENT ZONING: R-2 Residential Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: Grocery Store

SIZE OF TRACT: 2.5 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential & Commercial

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

The request is in conformance with the Hixson-North River Land Use Plan that recommends medium business mix.

NOTE: According to Ordinance No. 11540 for Case No. 2006-224 there is a condition requiring a cul-de-sac, in compliance with City standards, to be built by Hixson Church of Christ at the end of Clear Creek Road. This cul-de-sac has not been built and therefore this right-of-way is not officially closed until all the conditions of that ordinance are met. This will have to be built before that right-of-way will be closed.

APPLICATION NO: 2006-225 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Lamar McDaniel

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: Part of 7032 Snow Hill Road


PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: R-1 Single-Family Residential District

PROPOSED DEVELOPMENT: Residential Development

SIZE OF TRACT: 36 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant & Residence

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

This is an upgrading to a more restrictive zone.
There are similar uses in the area.
The 2030 Comprehensive Plan supports residential development in the area.

APPLICATION NO: MR-2006-226 JURISDICTION: Chattanooga Dist. #1
Hamilton County Dist. #2
APPLICANT: City of Chattanooga, c/o William C. Payne

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: A portion of the unopened 4300 & 4400 Blocks of Old Kelly’s Ferry Road


REQUEST FOR: A Mandatory Referral pursuant to T.C.A. 13-4-104 for abandonment.


STAFF RECOMMENDATION: Approve, subject to:
1) Approval of City Engineer and all public utilities; and
2) A 20 foot sanitary sewer easement by the City of Chattanooga.

REASONS FOR RECOMMENDATION:

The City has no use for nor wishes to maintain this right-of-way.

APPLICATION NO: 2006-227 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #7
APPLICANT: N. H. Partners, L.P.

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: 1906 Gunbarrel Road


PRESENT ZONING: R-4 Special Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: “To promote the development of businesses and offices to serve the demand for goods and services.”

SIZE OF TRACT: .48 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Professional Office Building

SURROUNDING DEVELOPMENT: Commercial

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

The request for commercial zoning is in keeping with the recommendation of the 2001 Hamilton Place Community Plan.

This site has commercially-zoned and used property adjoining it.

The proposed use and details as depicted on the site plan are appropriate for this location and a lot of this size.

APPLICATION NO: 2006-228 JURISDICTION: Chattanooga Dist. #4
Hamilton County Dist. #8
APPLICANT: Basaam Issa – ANT Group, LLC

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: 1853 Gunbarrel Road


PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: “To promote the development of businesses and offices to serve the demand for goods and services.”

SIZE OF TRACT: .39 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Car Wash, Convenience Store & Bank

EXTENSION OF EXISTING ZONE: Yes

IN ACCORDANCE WITH LAND USE PLAN: Yes

STAFF RECOMMENDATION: Approve, subject to additional right-of-way as required by the City Engineer’s Office.

REASONS FOR RECOMMENDATION:

The request for commercial zoning is in keeping with the recommendation of the 2001 Hamilton Place Community Plan. Commercial development is recommended for this corner of Gunbarrel Road and Igou Gap Road.

This site is no longer appropriate for single-family residential development and is surrounded on three sides by C-2 zoned property.

The proposed use and details as depicted on the site plan are appropriate for this location and a lot of this size.

APPLICATION NO: 2006-229 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Fatherson, GP

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: A portion of the unopened 7600 Block Pfizer Drive right-of-way


REQUEST FOR: Abandonment


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


REASONS FOR RECOMMENDATION:

The request poses no threat to the health, safety, or welfare of surrounding properties.


APPLICATION NO: MR-2006-230 JURISDICTION: Chattanooga Dist. #
Hamilton County Dist. #
APPLICANT: City of Chattanooga, c/o Paul Page

DATE OF PLANNING COMMISSION MEETING: November 13, 2006

LOCATION: 1301 Riverfront Parkway


REQUEST FOR: A Mandatory Referral pursuant to T.C.A. 13-4-104 to have property declared “Surplus.”


STAFF RECOMMENDATION: Approve


REASONS FOR RECOMMENDATION:

This property is owned by the City and Hamilton County and they would like to see it renovated and used for economic development.


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