Agenda And Staff Recommendations For The Planning Commission March 9

Thursday, February 26, 2009

Here is the agenda as well as the staff recommendations for the March 9 meeting of the Planning Commission at 1 p.m. at the County Courthouse:

CHATTANOOGA-HAMILTON COUNTY REGIONAL PLANNING COMMISSION

MARCH 9, 2009

AGENDA

chairman – Opening Comments and Announcements
II. Public Hearing and Action – Subdivision Plats

Old Business

2009-020 – A.C. Properties, Inc. – 1908 Cowart Street – City of Chattanooga – From M-1 Manufacturing Zone to C-3 Central Business Zone

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)

2009-023 – Mark Jackson – Unopened alley located in the north line of the 900 Block of Crutchfield Street – City of Chattanooga – Mandatory Referral: Abandonment

2009-024 – Paul L. Fuller – 450 Graysville Road – Hamilton County – Special Permit: Single Wide Manufactured Home

2009-025 – Paul L. Fuller – 456 Graysville Road – Hamilton County – Special Permit: Single Wide Manufactured Home

2009-026 – Ray A. Smith – 328 Browns Ferry Road – City of Chattanooga – From R-4 Office Zone to R-2 Residential Zone

2009-027 – Tina Harvey Crawford – 400 Garden Road – City of Chattanooga – From R-1 Residential Zone & M-1 Manufacturing Zone to R-4 Special Zone

2009-028 – Jimar Sanders (Miller & Martin, Attorneys) – A portion of the unopened 4400 Block of Calhoun Avenue – City of Chattanooga – Mandatory Referral: Abandonment

2009-029 – W.C. Helton – 200 East 37th Street – City of Chattanooga – From R-3 Residential Zone to R-4 Special Zone

2009-033 – Sherry Brown – 7421 Short Tail Springs Road – Hamilton County – Special Permit: Single Wide Manufactured Home

2009-034 – Robert Hall – 1101 Greens Road – City of Chattanooga – From R-1 Residential Zone to R-4 Special Zone

2009-035 – Flournoy Development Company – 7200 Block of East Brainerd Road & 1200 Block of Panorama Drive – City of Chattanooga – Amend conditions on Ordinance #12184

2009-036 – Thomas A. Austin – 2123 Hamill Road – City of Chattanooga – From R-1 Residential Zone to C-2 Convenience Commercial Zone

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

2009-038 – Daniel Alcala & Don Walker – 9053 & 9059 Sunridge Drive – Hamilton County – From R-1 Single-Family Residential District to A-1 Agricultural District

2009-039 – Signature Land Company, LLC – 1100 & 1200 Blocks of Longholm Court – City of Chattanooga – Special Exceptions Permit: Residential PUD Revision

MR-2009-041 – City of Chattanooga, c/o Dan Thornton – Part of 730 East Martin Luther King Boulevard – City of Chattanooga – Mandatory Referral to lease property

MR-2009-042 – City of Chattanooga, c/o Dan Thornton – 533 Hampton Road & 880 Forest Avenue – City of Chattanooga – Mandatory Referral to declare property surplus

MR-2009-043 – City of Chattanooga, c/o Dan Thornton – Part of the 500 Block of Stringer Street – City of Chattanooga – Mandatory Referral to declare property surplus

MR-2009-045 – City of Chattanooga, c/o Dan Thornton – 451 West Main Street – City of Chattanooga – Mandatory Referral to enter into a lease agreement

MR-2009-050 – City of Chattanooga, c/o Dan Thornton – 6710 Standifer Gap Road – City of Chattanooga – Mandatory Referral for the acquisition of property

V. New Business

A resolution adopting the Shallowford Road: Standifer Gap Road to Hickory Valley Road Policy

A resolution to amend the Hamilton County Zoning Regulations to include dwellings used for short-term vacation rental within the R-3 Apartment-Townhouse District, A-1 Agricultural District, R-2 Urban Residential District and R-2A Rural Residential District and establish a definition thereto

A resolution to amend the Zoning Ordinance of the City of Chattanooga, Tennessee to include dwellings used for short-term vacation rental within the R-3 Residential Zone and the R-4 Special Zone and establish a definition thereto

A resolution to amend the Zoning Ordinance of the City of Chattanooga, Tennessee adding a revocable Special Exceptions Permit for Non-Profit Heritage Educational Facilities in Article VI

VI. Approval of Minutes of February 9, 2009

Staff Reports

VIII. Adjourn

APPLICATION NO: 2009-020 JURISDICTION: Chattanooga Dist. #8

Hamilton County Dist. #4

APPLICANT: A. C. Properties, Inc.

DATE OF PLANNING COMMISSION MEETING: February 9, 2009 (Deferred)

March 9, 2009 (Action Taken)

LOCATION: 1908 Cowart Street

PRESENT ZONING: M-1 Manufacturing Zone

REQUEST FOR: C-3 Central Business Zone

PROPOSED DEVELOPMENT: Desires consistent zoning for existing building.

SIZE OF TRACT: .30 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Mixed Use

EXTENSION OF EXISTING ZONE: Yes

NAME OF COMMUNITY LAND USE PLAN: Downtown Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: Not enough information presented

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Not enough information presented

ADEQUATE SITE PLAN SUBMITTED: No

STAFF RECOMMENDATION: Approve, subject to:

For all new construction and major renovations affecting the building exteriors:

Review:
Applicants are encouraged to schedule a pre-submittal meeting with the City’s Land Development Office prior to the completion of construction drawings.
To promote compliance with the Downtown Plan, to help ensure that new development complements the existing urban fabric, and to promote the preservation of historically or architecturally significant structures, all site plans, landscaping, and building elevations shall be reviewed by the Planning and Design Studio.
Historically or architecturally significant structures should be preserved.
2) Setbacks and street frontage (for commercial buildings):

For commercial buildings a zero building setback is required along the street frontage.
To accommodate outdoor pedestrian activities such as a park, plaza, or outdoor dining, a greater setback may be permitted if an edge delineating the public and private space is provided.
This edge shall have a minimum height of three feet and a maximum height of four feet above grade and shall consist of brick, stucco, or stone walls (concrete block can only be used when faced with said materials), decorative metal fences, cast iron, or composite material. When fences are used, landscaped hedges must also be included to provide a near opaque screen. Highway-style guardrails or security fencing (e.g. chain link) shall not be permitted.
3) Building facades and access:

The primary pedestrian entrance shall be provided from the primary street.
Ground floor openings (doors and windows) shall constitute a minimum of 50 percent of the ground floor façade area for commercial buildings.
No security-type roll up metal doors shall be permitted to front streets other than interior block alleys.
The minimum height of new commercial buildings shall be 18 feet. Maximum building heights vary based on the location. See the attached map.
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.
Access and Parking:
Parking shall be located to the rear of the building.
For corner lots, or for cases where physical constraints such as topography do not allow for rear parking, any parking fronting a public street shall be screened along the public right-of-way as described under “Setbacks and Street Frontage” above.
Additional curb cuts shall not be permitted on the primary streets of the downtown street grid, such as (but not limited to) Broad, Market, 4th Street, Main, McCallie, and M.L. King Boulevard.
The following criteria should be considered in determining the amount and configuration of off-street parking:
Fire Department access
Type of use and hours of operation
Square footage of commercial uses or number of residential units
Availability of adjacent on-street parking, nearby public parking facilities, shared private parking, or leased off-site parking
Location on a transit route
Landscaping
To achieve the city’s goal of a 15% tree canopy cover in the downtown, surface parking lots shall be landscaped with a minimum of one tree for every five parking spaces.
For Residential Buildings:

Uses Not Permitted:
Factory manufactured mobile homes constructed as a single self-contained unit and mounted on a single chassis are not permitted in the C-3 Zone.
Access and Parking:
Garages shall be located behind the primary building.
Alleys, where they exist, shall be used for vehicular access. In the absence of alleys, secondary streets should be used for vehicular access. Shared drives should be used wherever possible.
Additional curb cuts shall not be permitted on the primary streets of the downtown street grid, such as (but not limited to) Broad, Market, 4th Street, Main, McCallie, and M.L. King Boulevard.
At least one (1) pedestrian entrance shall front the street;
Setbacks:
Residential building setbacks should be consistent with the existing setbacks on the same side of the street.

REASONS FOR RECOMMENDATION:

C-3 zoning is not necessary for a parking lot, which is what is indicated as the proposed use for this lot. The proposed use needs to be clarified by the applicant and a site plan submitted.

APPLICATION NO: 2009-023 JURISDICTION: Chattanooga Dist. #8

Hamilton County Dist. #4

APPLICANT: Mark Jackson

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: Unopened alley located in the north line of the 900 Block of Crutchfield Street

REQUEST FOR: Abandonment

STAFF RECOMMENDATION: Approve, subject to:

Approval of City Engineer and all public utilities; and
A re-plat of the subject property to avoid a landlock of parcel 136C-D-029.

REASONS FOR RECOMMENDATION:

The abandonment does not appear to impede access to any other parcel or lot so long as the entire parcel is replatted.

APPLICATION NO: 2009-024 JURISDICTION: Hamilton County Dist. #1

APPLICANT: Paul L. Fuller

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 450 Graysville Road

PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: Special Permit

PROPOSED DEVELOPMENT: Single Wide Manufactured Home

SIZE OF TRACT: 31.4 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Detached Single-Family Residential Dwellings & Agricultural

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: None

CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: No

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

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

The requested Special Permit for a single-wide manufactured home (mobile home) would not have a negative impact on adjacent land uses. The predominant land use within the area is detached single-family dwellings in an A-1 Agriculture Zoning District. There are other single-wide manufactured homes in the general vicinity, and this action is compatible with existing land uses.

APPLICATION NO: 2009-025 JURISDICTION: Hamilton County Dist. #`

APPLICANT: Paul L. Fuller

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 456 Graysville Road

PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: Special Permit

PROPOSED DEVELOPMENT: Single Wide Manufactured Home

SIZE OF TRACT: 31.4 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Detached Single-family Residential Dwellings & Agricultural

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: None

CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: No

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

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

APPLICATION NO: 2009-026 JURISDICTION: Chattanooga Dist. #1

Hamilton County Dist. #6

APPLICANT: Ray A. Smith

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 328 Browns Ferry Road

PRESENT ZONING: R-4 Office Zone, with condition for office use only.

REQUEST FOR: R-2 Residential Zone

PROPOSED DEVELOPMENT: Duplex

SIZE OF TRACT: .4 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential & Neighborhood Commercial

EXTENSION OF EXISTING ZONE: Yes

NAME OF COMMUNITY LAND USE PLAN: Lookout Valley Area Plan

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 proposed use is consistent with the Lookout Valley Area Plan, which recommends low density residential for this property.

The proposed use is consistent with Comprehensive Plan 2030, which places this property in the Outer Suburban Growth Development Sector.

This property was previously zoned R-2, and zoning case 2000-194 rezoned the property to R-4 with conditions.

The proposed zoning will not have a negative impact on adjacent land uses. The predominant land use within the area is R-2 or C-2. This action is compatible with existing land uses.

APPLICATION NO: 2009-027 JURISDICTION: Chattanooga Dist. #1

Hamilton County Dist. #6

APPLICANT: Tina Harvey Crawford

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 400 Garden Road

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

REQUEST FOR: R-4 Special Zone

PROPOSED DEVELOPMENT: Overnight Cabin Rental

SIZE OF TRACT: 15.1 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Detached Single-Family Residential Dwellings & Agricultural

EXTENSION OF EXISTING ZONE: No

NAME OF COMMUNITY LAND USE PLAN: Lookout Valley Area Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: No

CONSISTENT WITH COMPREHENSIVE PLAN 2030: No

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Defer for approval of a Special Exceptions Permit for Non-Profit Heritage Educational Facility (currently in draft form). Or deny the R-4, but approve Special Exceptions Permit if ready at Planning Commission meeting.

REASONS FOR RECOMMENDATION:

A Special Exceptions Permit is recommended to maintain the property’s current and future compatibility to neighborhood residences.

Located in the Preserve Development Sector of the 2030 Comprehensive Plan, this sector recommends very low impact uses, such as parks, natural preserves, recreation, camping, and utilities.

The existing uses on the property are functioning well. They produce a relatively low traffic impact on the adjacent properties.

APPLICATION NO: 2009-028 JURISDICTION: Chattanooga Dist. #7

Hamilton County Dist. #6

APPLICANT: Jimar Sanders (Miller & Martin, Attorneys)

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: A portion of the unopened 4400 Block of Calhoun Avenue

REQUEST FOR: Abandonment

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

REASONS FOR RECOMMENDATION:

Right-of-way is unopened and unused.

APPLICATION NO: 2009-029 JURISDICTION: Chattanooga Dist. #7

Hamilton County Dist. #4

APPLICANT: W. C. Helton

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 200 East 37th Street

PRESENT ZONING: R-3 Residential Zone

REQUEST FOR: R-4 Special Zone

PROPOSED DEVELOPMENT: Offices, Training Facility & Existing Health Center

SIZE OF TRACT: 8.9 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant School

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: No

NAME OF COMMUNITY LAND USE PLAN: Alton Park Neighborhood Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: None needed

STAFF RECOMMENDATION: Approve, subject to:

Proposed use and health center only; and
Use of existing structure only.

REASONS FOR RECOMMENDATION:

Proposal is a good re-use of the existing building and is an appropriate use for this area.

The Alton Park community would like for new owners to consider making a part of the facility available to the public for community events.

APPLICATION NO: 2009-033 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Sherry Brown

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 7421 Short Tail Springs Road

PRESENT ZONING: A-1 Agricultural District

REQUEST FOR: Special Permit

PROPOSED DEVELOPMENT: Single Wide Manufactured Home

SIZE OF TRACT: 2.5 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Vacant & Residential

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: Wolftever Creek Area Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

The adjacent zone of R-5 allows single-wide mobile homes and trailer parks by right.

APPLICATION NO: 2009-034 JURISDICTION: Chattanooga Dist. #4

Hamilton County Dist. #7

APPLICANT: Robert Hall

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 1101 Greens Road

PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: R-4 Special Zone

PROPOSED DEVELOPMENT: Office for tree removal service

SIZE OF TRACT: .4 Acres

ACCESS TO TRACT: Excellent

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Residential & Limited Commercial

EXTENSION OF EXISTING ZONE: No

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

CONSISTENT WITH COMMUNITY LAND USE PLAN: Yes

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Deny R-4, Approve O-1 Office Zone, subject to:

Use of existing structure;
No outdoor storage of equipment except for staff and visitor’s personal vehicles; and
Require a City of Chattanooga Pre-submittal Meeting to discuss landscaping, parking, stormwater and other requirements as necessary.

REASONS FOR RECOMMENDATION:

The East Brainerd Corridor Community Land Use Plan recommends an Office use for this location along East Brainerd Road. The plan recommends this classification for smaller administrative, financial, business, and professional offices. It is highly encouraged that properties be arranged in a manner so as to share drives and parking to provide fewer and safer vehicle turning movements. The plan recommends that the most appropriate zone for this classification would be O-1. Uses in this category could include single and two-family dwellings, schools, libraries, parks, playgrounds, community buildings, churches, offices, professional, medical, or dental offices and clinics.

As this is proposed to be an office for a service company, staff is recommending that no equipment or vehicles other than staff’s personal vehicles be stored on this site. Other zoning designations allow contractor’s storage garages, but neither the R-4 zone requested nor the O-1 zone recommended allow such uses.

APPLICATION NO: 2009-035 JURISDICTION: Chattanooga Dist. #4

Hamilton County Dist. #8

APPLICANT: Flournoy Development Company

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 7200 Block of East Brainerd Road & 1200 Block of Panorama Drive

PRESENT ZONING: R-3 Residential Zone

REQUEST FOR: Amend condition #8 on Ordinance #12184 due to changing of the grades to eliminate haul off and to move buildings away from East Brainerd Road.

PROPOSED DEVELOPMENT: Multi-Family Apartments

SIZE OF TRACT: 27.6 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: N/A

NAME OF COMMUNITY LAND USE PLAN: N/A

CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A

CONSISTENT WITH COMPREHENSIVE PLAN 2030: N/A

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION:

Amended conditions to the ordinance rezoning this property (Ordinance 12184) are shown in bold. If the conditions are amended, the R-3 Residential zoning for this property is conditioned to the language below in its entirety:

Approve R-3 Residential, subject to:

A traffic warrant study and approval by the State of Tennessee for a traffic signal at Panorama Drive; and if approved by the State and the City Traffic Engineer, the applicant to design and install and coordinate signal with existing signals as a condition of this development. The date of installation of the signal to be determined by the City Traffic Engineer and prior to major construction activities which create hazardous conditions to the traveling public or creates delays in the normal flow of vehicular travel;
Grading being generally executed as shown on the grading plan that shall be provided to the Regional Planning Agency before final approval by City Council;
The grading and landscaping components installed and substantially conforming to the cross-sections as shown for the perimeter of the site that shall be provided to the Regional Planning Agency before final approval by City Council;
Substantially constructing building details as shown on architectural drawings that shall be provided to the Regional Planning Agency before final approval by City Council;
All lighting to be directed away from residential areas;
The development shall have no access to East Brainerd Road;
There shall be a maximum of 316 units;
Maximum height shall be three stories for all buildings, except buildings # 4 and # 12 which shall be a 3/4 split configuration as generally depicted on the Preliminary Site Plan;
Applicant shall extend concrete curb and gutter on eastern side of Panorama along entire road frontage and install storm drainage system to eliminate side ditch;
Applicant shall construct new pavement overlay along frontage of Panorama Drive;
Minimum building setback for multi-family residential structures from Panorama Drive shall be 110 feet. Minimum building setback for accessory structures such as parking garages and the club house shall be 50 feet;
Applicant shall provide a 40’ vegetative buffer along Panorama Drive consisting of the following landscaping requirements: One row of 2” evergreen caliper (6’ high) trees planted at 15 feet on center along the top of berm and one row of holly bushes (or evergreen equivalent) planted along the right-of-way of Panorama Drive. Total width of vegetative buffer along Panorama Drive shall not be less than 40 feet. The developer shall lower the finished floor elevations of buildings #4 and #12 only below Panorama Drive as generally depicted on the Conceptual Grading Plan and Buffer Cross Sections Plan;
There shall be one entrance into the development to be located off Panorama Drive with location as generally depicted on the Preliminary Site Plan;
Retention ponds shall have active fountains. Retention ponds, active fountains, and all stormwater drainage systems shall be maintained by the developer in good condition and repair;
Minimum building setback from southern property boundary shall be 50’ for one-story multi-family structures, 50’ for two-story multi-family structures, and a minimum building setback from the southern property boundary shall be 100 feet for three-story multi-family structures;
There shall be a 40’ building setback from East Brainerd Road. If retaining walls are constructed in this setback, no individual wall shall be higher than 8’ and there shall be a minimum of 8’ separation between walls. The intent of this condition is to have any retaining walls step back from the right of way instead of providing a high blank front along the right of way;
There shall be a 10’ high landscape berm with the toe of slope, which shall be located no closer than 10’ to the eastern boundary. Height of the earthen berm to be measured based upon existing grade at the toe of slope. Maximum slope of earthen berm shall be 2.5 foot horizontal to 1 foot vertical. There shall be a landscape buffer consisting of two staggered rows of 2” caliper evergreen (6’ high) trees (one row of trees to be along the eastern slope of the berm and the other row of trees to be along the top of the berm) planted at 20 feet on center along the eastern property boundary. The berm and vegetation on the berm shall be maintained by the owner in good condition and repair as required. Grass on berm area to be mowed and maintained per City of Chattanooga ordinances.
Construct a minimum 6’ high landscape berm along a portion of the southern boundary from adjacent to Panorama Drive along the southern boundary line a minimum distance of 300’. Height of the earthen berm to be measured based upon existing grade at the toe of slope at the property boundary. Maximum slope of earthen berm to be 1.5 foot horizontal to 1 foot vertical. There shall be a landscape buffer consisting of two staggered rows of 2” caliper evergreen (6’ high) trees planted at 20 feet on center along the southern property boundary. No landscape berm to be constructed along the southern boundary in those areas to be left undisturbed as generally depicted by the conceptual grading plan. Berm and vegetation on the berm to be maintained by owner as required. Grass on berm area to be mowed and maintained per City of Chattanooga ordinances.
Along East Brainerd Road and Panorama Drive there shall be a 4 foot high wrought iron style fence. On the southern and eastern property line there shall be a 5 foot high black vinyl coated, chain link fence.
A 75’ foot no build zone shall be required along East Brainerd Road. No residential or non-residential buildings shall be constructed in this 75’ buffer.

REASONS FOR RECOMMENDATION:

Recommend approval of the requested amended conditions along with additional changes as recommended by staff. All amended conditions are bolded in the text.

The revisions as requested by the applicant are suitable for this site and additionally address concerns by neighboring property owners.

APPLICATION NO: 2009-036 JURISDICTION: Chattanooga Dist. #3

Hamilton County Dist. #3

APPLICANT: Thomas A. Austin

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 2123 Hamill Road

PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: Retail/Office Development

SIZE OF TRACT: 1.57 Acres

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Professional Offices, Single-Family Dwellings & Vacant

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: Deny C-2; Approve O-1

REASONS FOR RECOMMENDATION:

The Hixson North River Community Plan recommends Office development only on the northern side of Hamill Road. The proposed use of the property as an office development with limited retail would not be in compliance with the Hixson North River Community Plan.

Previous zoning cases along Hamill Road, RPA staff has consistently supported and followed the recommendations outlined within the Hixson-North River Community Plan.

The approval of this request for commercial zoning/development would set the precedent for future commercial zoning requests along this corridor, which is not in keeping with the recommendations of the Hixson-North River Community Plan.

The Hixson-North River Community Plan attempts to hold commercial zoning and/or uses to the intersection of Hamill Road and Highway 153. The plan does not recommend the expansion of commercial uses and/or zones along Hamill Road.

The adjacent commercial zoning, across the railroad tracks was rezoned to C-2 in 1988 prior to the adoption of the Hixson-North River Community Plan.

The approval of the O-1 zone would be in keeping the Hixson-North River Community Plan. The proposed use of an office would compliment adjacent zones and uses such as the professional medical offices, and Memorial Park North Hospital.

Due to its location next almost adjacent to the Godsey Drive widening and extension, the applicant is encouraged to work with the adjacent property owners on gaining an egress/ingress point to Godsey Drive.

APPLICATION NO: 2009-037 JURISDICTION: Chattanooga Dist. #9

Hamilton County Dist. #5

APPLICANT: Chattanooga Metropolitan Church, c/o Pamela Ammons

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 1063 Shallowford Road

PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: C-2 Convenience Commercial Zone

PROPOSED DEVELOPMENT: Commercial Development & Office

SIZE OF TRACT: 9.1 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant

SURROUNDING DEVELOPMENT: Single-Family Dwellings

EXTENSION OF EXISTING ZONE: No

NAME OF COMMUNITY LAND USE PLAN: Eastdale Land Use Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: No

CONSISTENT WITH COMPREHENSIVE PLAN 2030: No

ADEQUATE SITE PLAN SUBMITTED: No

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

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

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

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

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

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

This rezoning request could be considered a spot zone.

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

APPLICATION NO: 2009-038 JURISDICTION: Hamilton County Dist. #9

APPLICANT: Daniel Alcala & Don Walker

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 9053 & 9059 Sunridge Drive

PRESENT ZONING: R-1 Single-Family Residential District

REQUEST FOR: A-1 Agricultural District

PROPOSED DEVELOPMENT: Allow horses on rear of property

(Front 300’ to remain R-1)

SIZE OF TRACT: 9.4 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Residential

SURROUNDING DEVELOPMENT: Vacant & Residential

EXTENSION OF EXISTING ZONE: Yes

NAME OF COMMUNITY LAND USE PLAN: Wolftever Creek Area Plan

CONSISTENT WITH COMMUNITY LAND USE PLAN: Partially

CONSISTENT WITH COMPREHENSIVE PLAN 2030: No

ADEQUATE SITE PLAN SUBMITTED: No

STAFF RECOMMENDATION: Deny

REASONS FOR RECOMMENDATION:

The presence of agricultural fields and livestock are often cited as adding to the quality of life for those seeking residences in exurban or rural locations. However, in many rapidly growing areas, continued agricultural operations are at times criticized by newcomers as being objectionable due to dust, odors, etc. Generally, these activities are best accommodated by developments that explicitly promote a residential environment in tandem with low-impact agricultural or livestock activities. Rural cluster developments often strive toward this balance. The Sunset Ridge subdivision does not follow this model. Even though surrounding parcels remain zoned A-1, these two lots are part of a 50 acre tract that was rezoned in 2004 specifically for the purposes of a single-family residential subdivision.

Under the Hamilton County Zoning Regulations at the time of this rezoning, there was very little difference between A-1 and R-1 in terms of housing density. The important distinction drawn between the two zones often involved the prohibition of more objectionable agricultural uses from occurring in the R-1 zone, thus offering a level of protection for purchasers of the R-1 lots without relying on the civil enforcement of covenants and restrictions. Since the allowed densities were historically similar, many applicants requesting a rezoning from A-1 to R-1 did so with the stated purpose of protecting subsequent owners and buyers of lots from objectionable agricultural uses. A reversion to A-1 permitting horses on these specific lots does not enhance or protect the health, safety or welfare of the residents in the R-1 properties downhill from the site. The presence of livestock on White Oak Mountain could have a detrimental effect on the integrity of the slopes. In addition, the waste produced by these animals could also have an adverse effect on those living in the R-1 lots below.

In addition, granting such a use may establish a precedent so that future requests of this type either in this R-1 subdivision or others would have to be approved as well.

NOTE: Although the request covers 11.4 acres, a portion of that (2.0 acres +/-) would be excluded from this calculation. Of the remaining portion, only about 3.5 acres lies outside slopes under 25%.

The following excerpt from “Horse Manure Management” is from the Virginia Cooperative Extension:

“…On any given day, the average 1,000-pound horse will produce approximately 50 pounds of manure. This amounts to about eight and a half tons per year!

Manure is not the only material being removed when stalls are cleaned. Wet and soiled bedding material must also be removed, and can equal almost twice the volume of the manure itself. The amount of bedding material removed will vary by type (shavings, sawdust, straw), but on average totals between eight and 15 pounds.

Total stall waste produced averages between 60 and 70 pounds per day, which amounts to approximately 12 tons of stall waste per year.

Many horse owners do not have enough land or vegetative cover to properly apply large amounts of manure and nutrients. If not managed properly, manure can deposit excess nutrients into the environment via surface runoff or as leachate (water contaminated with manure) from improper manure storage and land application…”

If A-1 is still deemed appropriate, the zone should be granted with specific conditions limiting the applicant to the maintenance of no more than two horses on the site. All other uses exclusive to the A-1 district are prohibited

APPLICATION NO: 2009-039 JURISDICTION: Chattanooga Dist. #2

Hamilton County Dist. #2

APPLICANT: Signature Land Company, LLC

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 1100 & 1200 Blocks of Longholm Court

PRESENT ZONING: R-1 Residential Zone

REQUEST FOR: Special Exceptions Permit

PROPOSED DEVELOPMENT: Residential PUD Revision

SIZE OF TRACT: 6.5 Acres +

ACCESS TO TRACT: Good

SITE CHARACTERISTICS: Vacant & Residential

SURROUNDING DEVELOPMENT: Residential

EXTENSION OF EXISTING ZONE: No

NAME OF COMMUNITY LAND USE PLAN:

CONSISTENT WITH COMMUNITY LAND USE PLAN: N/A

CONSISTENT WITH COMPREHENSIVE PLAN 2030: Yes

ADEQUATE SITE PLAN SUBMITTED: Yes

STAFF RECOMMENDATION: Approve as a Preliminary and Final PUD Plan simultaneously, subject to:

Approval of attached PUD review; and
Any revisions to be approved by RPA staff.

REASONS FOR RECOMMENDATION:

The applicant is revising the PUD site plan to reflect a change in the location of outdoor recreation features. The change should not have a detrimental effect on the development or surrounding properties.

APPLICATION NO: MR-2009-041 JURISDICTION: Chattanooga Dist. #8

Hamilton County Dist. #4

APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: Part of 730 East Martin Luther King Boulevard

REQUEST: Mandatory Referral pursuant to T.C.A. 13-4-104 to lease property (for public art display).

STAFF RECOMMENDATION: Approve, subject to approval of City Traffic Engineer due to sight triangle.

REASONS FOR RECOMMENDATION:

To extend right-of-way or lease designated area on northwest corner of M. L. King and Peeples Street (City to use approximately 67 sq. ft.) and enter into an agreement with Olivet Baptist Church.

APPLICATION NO: MR-2009-042 JURISDICTION: Chattanooga Dist. #1

Hamilton County Dist. #4

APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 533 Hampton Road & 880 Forest Avenue

REQUEST: Mandatory Referral pursuant to T.C.A. 13-4-104 to declare property surplus (old Fire Hall).

STAFF RECOMMENDATION: Approve

APPLICATION NO: MR-2009-043 JURISDICTION: Chattanooga Dist. #1

Hamilton County Dist. #6

APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: Part of the 500 Block of Stringer Street

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

STAFF RECOMMENDATION: Approve, subject to approval by TDOT.

REASONS FOR RECOMMENDATION:

This is the small portion of a parcel purchased by the City of Chattanooga in 1956 from Dick Houser Coal Company. Most of the land was used to widen Highway 27 for the Olgiati Bridge. The small section has been included in parcel 135C-B-007 by the tax assessor for many years and the owner has maintained and paid taxes on this section.

APPLICATION NO: MR-2009-045 JURISDICTION: Chattanooga Dist. #8

Hamilton County Dist. #4

APPLICANT: City of Chattanooga, c/o Dan Thornton

DATE OF PLANNING COMMISSION MEETING: March 9, 2009

LOCATION: 451 West Main Street

REQUEST: Mandatory Referral pursuant to T.C.A. 13-4-104 to enter into a lease agreement.

STAFF RECOMMENDATION: Approve

REASONS FOR RECOMMENDATION:

To enter into a lease agreement with Heather Wagner to open a nursery at this address.

APPLICATION NO: MR-2009-050 JURISDICTION: Chattanooga Dist. #4

Hamilton County Dist. #7

APPLICANT: City of Chattanooga, c/o Dan Thornton