Here are the Planning Commission agenda and staff recommendations for Monday at 1 p.m. at the County Courthouse:
Chattanooga-Hamilton County Regional Planning Commission Agenda
Planning Commission Meeting Date: April 11, 2011
I. Opening Comments & Announcements (Chairman)
II. Excellence Awards Presentation
III. Subdivision Plats & Variances
IV. Old Business (Deferred Cases)
1. MR-2011-041 – North Chattanooga Enterprises LLC/Vincent Morse – Unopened alley off 828 Dallas Road – City of Chattanooga – Mandatory Referral: Alley Closure
2. MR-2011-042 – Jay Caughman/ChitChat Properties – Alleys off 1600 blk Read Avenue and Rossville Avenue – City of Chattanooga – Mandatory Referral: Alley Closures
3. 2011-043 – Englewood Enterprises, LLC/JDK Real Estate – 6162 Enterprise Park Drive - City of Chattanooga – Rezone from M-2 Light Industrial Zone to M-1 Manufacturing Zone
V. New Business
A. Rezonings, Closures/Abandonments, Special Permits, Condition Amendments
4. 2011-048 – Sandy Battles/Esteban Garcia Ramos– 7105 bonny Oaks Drive– City of Chattanooga – Rezone from R-1 Residential Zone to M-3 Warehouse and Wholesale Zone
5. 2011-049 – Mark Poling/Brenda Wallace– 6132 Ramsey Forgey Road– Hamilton County - Special Permit: Single Wide Manufactured Home
6. 2011-050 – Angle Davis/Tom Griffin– 1318 Arlington Avenue - City of Chattanooga – Special Exceptions Permit: Residential Home for the Handicapped/Aged on Commercial Basis
7. 2011-051 – John Wise– 1133 Old Pineville Road – City of Chattanooga – From R-3 Residential Zone to R-1 Residential Zone
8. MR-2011-052 – Miller-McCoy, Inc./Vision Hospitality Group – 2000 blk (pt) Skyline Drive – City of Chattanooga – Mandatory Referral: Right-of-way Closure
9. 2011-053 – Miller-McCoy, Inc./Vision Hospitality Group – 2011 & 2015 Skyline Drive– City of Chattanooga – Rezone from R-1 Residential Zone to C-2 Convenience Commercial Zone
10. 2011-054 – Wise Properties TN, LLC – 609 Hamilton Avenue – City of Chattanooga – Rezone from R-4 Special Zone to UGC Urban General Commercial Zone
B. Regulation Amendments
11. A Resolution to Amend the Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, Section 38-568 by adding a new subsection for a Special Exceptions Permit for Equine for Personal Use and amending Section 38-42 to allow such use as a Special Exception by the Board of Appeals in the R-1 Residential Zone
(DEFERRED FROM MARCH PC MEETING)
12. A Resolution Amending the Zoning Ordinance of the City of Lakesite, Tennessee in relation to Day Care Centers and Day Care Homes
VI. Approval of Minutes
VII. Adjourn
Chattanooga-Hamilton County Regional Planning Agency
RPA Staff Report & Recommendations
Planning Commission Meeting Date: April 11, 2011
Case Number: MR-2011-041
STAFF RECOMMENDATION: DENY
Applicant: North Chattanooga Enterprises, LLC/Vincent Morse
Property Address: Unopened alley off 828 Dallas Road
Jurisdiction: Chattanooga District 1
(County District 6)
Neighborhood: North Shore/Hill City
Development Sector: Urban Infill
Applicant Request
Mandatory Referral: Unopened alley right-of-way abandonment
___________________________________________________________________________________
Proposed Development
Site Plan Submitted: Yes
Proposed Use: Additional land to meet setbacks
Purpose: Residential construction
Site Characteristics
Current Zoning: Not Applicable
Current Use: Unopened right-of-way
Adjacent Uses: Residential, Vacant
Length of Right-of-Way: 251 feet +/-
Access: Good
Analysis
Extension of Current Zoning: Not applicable
Name of Community Land Use Plan: North Shore Plan (2007)
Proposed Use Supported by Community Land Use Plan: Not applicable
Proposed Use Supported by Comprehensive Plan: Not applicable
Public Works Comments:
Because there is uncertainty concerning how the adjoining undeveloped properties on Dallas
Road will be built out and how access will be provided to these properties (due to the steep
grades on the Dallas Road frontage), the City Traffic Engineer recommends that the
abandonment be either denied or at least be deferred until these questions can be answered.
Planning Staff Comments:
The alley appears to be a Tier 2 right-of-way which, according to the RPA abandonment policy,
"are not currently opened or only partially opened but which provide a limited level of service
to the abutting property owners or to utilities." The portion of the right-of-way between Ruth
Street and 844 Dallas Road has been recently improved for access to the applicant's properties.
The North Shore Plan, adopted by the Chattanooga City Council in 2007 addresses connectivity
in the transportation section of the document:
"The North Shore Plan seeks to promote connectivity. This means connecting the places
we live, work and play via roads, sidewalks, bicycle facilities and multi-use paths, and
providing ample points of interaction between each mode of transportation..."
In urban areas, linear rights-of-way are valuable for a range of purposes such as future utility
placement, pedestrian access and vehicular access. Many City of Chattanooga alley rights-ofway
are 10 feet wide. In this case, the alley is 25 feet wide which provides additional future
utility. While recognizing that the prevailing topography is challenging along Dallas Road, the
presence of the intact right-of-way is a community asset. Although some portions of the right-ofway
are unused, closure of a 251 feet segment would eliminate potential future access and use
of an unbroken 1,600+ feet of right-of-way that connects Forest Avenue with Ruth Street at
Hamilton Avenue.
The applicant's stated purpose of abandoning the right-of-way is to "meet setback requirements
because of the sewer line being placed in front of the property. Since there are other processes
such as a variance issued by the Board of Zoning Appeals (reducing the setback requirements),
and that closure of a portion of this right-of-way reduces or eliminates any future use by the
greater community, the request should not be approved.
Chattanooga-Hamilton County Regional Planning Agency
RPA Staff Report & Recommendations
Planning Commission Meeting Date: April 11, 2011
Case Number: MR-2011-042
STAFF RECOMMENDATION:
DENY: Alley 1: at the east line of the 1600 block of Read Ave some 98’ SE;
APPROVE: Alley 2: at the west line of the 1600 block of Rossville Ave some 78’ SW, subject to
review by City Engineer and all public utilities;
DENY: Alley 3: at the south line of an unopened alley some 58’SW
Applicant: Jay Caughman/ChitChat Properties
Property Address: Alleys off 1600 BLK Read and Rossville Avenue
Jurisdiction: Chattanooga District 7
(County District 4)
Neighborhood: Southside / Main Street
Development Sector: Urban Infill
Applicant Request
Alley abandonment
___________________________________________________________________________________
Proposed Development
Site Plan Submitted: No
Proposed Use: Outdoor seating area for a winery and possible outdoor storage
Site Characteristics
Current Zoning: C-3 Central Business District, UGC Urban General Commercial and R-3
Residential
Adjacent Uses: Mixed Use
Length of Right-of-Way: Approximately 235 Linear Feet
Access: Good
Analysis
Extension of Current Zoning: Not Applicable
Name of Community Land Use Plan: Downtown Plan (2004)
Proposed Use Supported by Community Land Use Plan: No
Proposed Use Supported by Comprehensive Plan: No
Public Works Comments: Approves the closure of alley located between 1601 and 1617
Rossville Avenue that connects the other two alleys to Rossville Avenue. The other two alleys
should be left open to provide rear access and connectivity for the properties in this block.
Planning Staff Comments: Alleys in urban areas should be retained for vehicular access, parking
and utilities. Alley 1 (east of Read Avenue) also serves as a buffer between the commercial uses
in the C-3 Zone and the adjacent residential uses in the R-3 Zone and therefore should be
retained. Alley 3 (running north-south) connects with Alley 1 and therefore provides potential
vehicular circulation and parking and should not be abandoned. Alley 2 (west of Rossville
Avenue) does provide potential vehicular circulation and parking, but a buffer is not needed
between the two adjacent commercial uses.
Chattanooga-Hamilton County Regional Planning Agency
RPA Staff Report & Recommendations
Planning Commission Meeting Date: April 11, 2011
Case Number: 2011-043
STAFF RECOMMENDATION: DENY
Applicant: Englewood Enterprises, LLC/Leroy Hurst & Bickerstaff
Property Address: 6162 Enterprise Park Drive
Jurisdiction: Chattanooga District 6
(County District 7)
Neighborhood: Bonny Oaks Industrial & Office Park
Development Sector: Outer Suburban Growth
Applicant Request
Rezoning: M-2 Light Industrial Zone to M-1Manufacturing Zone
___________________________________________________________________________________
Proposed Development
Site Plan Submitted: Yes
Proposed Use: Ethanol transfer facility
Purpose: Ethanol transfer facility
Site Characteristics
Current Zoning: M-2 Light Industrial Zone
Current Use: Vacant
Adjacent Uses: Commercial, Industrial, Wholesale/Warehouse
Size of Tract: 4.95 acres
Access: Good
Analysis
Extension of Current Zoning: Yes (across rail right-of-way)
Name of Community Land Use Plan: Highway 58 Community Plan (2007)
Proposed Use Supported by Community Land Use Plan: Partially
Proposed Use Supported by Comprehensive Plan: Partially
Planning Staff Comments:
The proposed use is for an ethanol transfer facility that would move ethanol from rail cars and
tanker trucks to an underground pipeline for transport to an off-site facility. The site is located in
the Bonny Oaks Industrial and Office Park which has a series of restrictions and covenants
recorded in Deed Book 3729, Page 300 of the Register's office of Hamilton County, Tennessee.
Although there are two instances of C-2 Convenience zoning that allows additional retail uses,
the covenants as recorded do not appear to anticipate any zoning other than M-2 Light
Industrial Zone or O-1 Office Zone since they prescribe in Section 2 of the document that:
a. The minimum lot size shall be two (2) acres for those lots zoned M-2 Light
Industrial Zone and a minimum of one (1) acre for those lots zoned O-1
Office Zone.
In addition to use and review requirements separate from Planning Commission and City Council
review, the "Bonny Oaks Industrial & Office Park Development Review Committee" also reviews
development for appropriateness.
The Highway 58 Community Plan, adopted by the Chattanooga City Council in 2002
recommends "Business & Technology" uses for this site. This classification is "... intended to
provide and protect industrial lands for a wide range of uses including manufacturing, industrial
processing, general service, offices, warehousing, storage and distribution, recycling, and other
related uses”.
Although this property is a part of the Bonny Oaks Industrial & Office Park, the proposed use is
not generally in keeping with those operated by other owners/users of the park. Although
manufacturing and warehousing are expected and encouraged, the proposed ethanol facility
differs in the manner in which the product will be offloaded and handled. The use is more in
keeping with several sites near other fuel storage facilities located outside the Bonny Oaks
Industrial & Office Park.
Access to the site will be problematic. The applicant intends to offload ethanol from railroad
tank cars. However, the applicant must secure an access agreement access to the adjacent
railway through an agreement with the Hamilton County Railroad Authority. In addition, a small
section of property owned by Hamilton County would have to be acquired or accessed through
an easement to reach the rail line. Finally, a series of utility and petroleum lines utilize the land
between this site and the rail line-potentially making an additional rail connection at this location
difficult.
Since the proposed use differs substantially from those currently found in the industrial park, and
method of access is uncertain and problematic, this request is not appropriate for this site.
1 in. = 300.0 feet 2011-0043 M-2 to M-1
Chattanooga - Hamilton County Regional
Planning Agency
Chattanooga-Hamilton County Regional Planning Agency
RPA Staff Report & Recommendations
Planning Commission Meeting Date: April 11, 2011
Case Number: 2011-048
STAFF RECOMMENDATION: DENY
Applicant: Sandy Battles/Esteban G. Ramos
Property Address: 7105 Bonny Oaks Drive
Jurisdiction: Chattanooga District 6
(County District 7)
Neighborhood: none
Development Sector: Outer Suburban Growth
Applicant Request
Rezoning: R-1 Single Family Residential Zone to M-3 Warehouse and Wholesale Zone
Proposed Development
Site Plan Submitted: Yes
Proposed Use: Warehousing
Purpose: Auto parts warehouse
Site Characteristics
Current Zoning: R-1 Residential Zone
Current Use: Vacant
Adjacent Uses: vacant, residential, rail right-of-way
Size of Tract: .35 acre
Access: Good
Analysis
Extension of Current Zoning: NO
Name of Community Land Use Plan: None
Proposed Use Supported by Community Land Use Plan: Not Applicable
Proposed Use Supported by Comprehensive Plan: Partially
City Traffic Engineer’s Comments:
The site plan proposes that the building would be located such that trucks would have to
back from Old Cleveland Pike into the loading dock. We could not approve a site plan
that would require trucks to back into the site. Because of the limited size of the lot, there
is insufficient room on the property for the building to be configured so that trucks could
pull into the site and then maneuver to back into the loading dock.
The site plan, as proposed, does not show any parking. As with the first comment, it
appears that the lot is insufficient in size to support the parking demands for the
proposed development.
Traffic exiting the property going south on Old Cleveland Pike has limited visibility
turning left onto Bonny Oaks Drive due the horizontal curve in the alignment on Bonny
Oaks as it curves towards the railroad underpass just to the west of the intersection.
Because of this sight restriction, most traffic leaving the property desiring to turn left to
head towards I-75 or Lee Highway would probably opt to go east on Old Cleveland Pike
through a residential neighborhood to turn left onto Bonny Oaks Drive at Silverdale
Road. [This intersection will be signalized within the next few months.] Creating a
situation which would encourage industrial traffic to cut through a residential
neighborhood should be avoided.
Planning Staff Comments:
Located on Bonny Oaks Drive about .75 mile east of the Enterprise South entrance, this
site is within an area of R-1 single-family zoning. A railroad right-of-way separates the
site from the Enterprise South Industrial Park complex and its associated M-1
manufacturing zoning.
Despite its proximity to Enterprise South, the proposal features several inherent difficulties
including a substantial build out of a small area, potential negative impact on the
properties along Old Cleveland Pike and a difficult and dangerous ingress-egress point
along Bonny Oaks Drive.
The Comp Plan 2030 recommends that more intense manufacturing and warehousing
activity be located "...within areas already prepped for business development." Since
there is no future community land use plan in effect for this area, any rezoning will have
precedent-setting status for future request. Given the existing presence of cohesive
residential and institutional areas nearby, this request is not appropriate.
1 in. = 250.0 feet 2011-0048 R-1 to M-3
Chattanooga - Hamilton County Regional
Planning Agency
Chattanooga-Hamilton County Regional Planning Agency
RPA Staff Report & Recommendations
Planning Commission Meeting Date: April 11, 2011
Case Number: 2011-049
STAFF RECOMMENDATION: APPROVE
Applicant: Mark Poling/Brenda Wallace
Property Address: 6132 Ramsey Forgey Road
Jurisdiction: County District 9
Neighborhood: none specified
Development Sector: Rural Growth
Applicant Request
Special Permit: Single Wide Manufactured Home
Proposed Development
Site Plan Submitted: No
Proposed Use: Residential
Purpose: Single-wide mobile home
Site Characteristics
Current Zoning: A-1 Agricultural District
Current Use: Vacant
Adjacent Uses: vacant, residential, rail right-of-way
Size of Tract: 1 acre
Access: Good
Analysis
Extension of Current Zoning: Not Applicable
Name of Community Land Use Plan: None
Proposed Use Supported by Community Land Use Plan: Not Applicable
Proposed Use Supported by Comprehensive Plan: Yes
Planning Staff Comments:
This request is for a Special Permit for a single-wide mobile home to be located on an
acre portion of a 25-acre parcel. A goal of The Comprehensive Plan 2030 is to,
"Maintain a diverse housing stock which is vital to meeting the wide range of consumer
preferences and needs." In rural areas such as this, single-wide mobile homes are
frequently encountered housing type. In this case, R-5, which allows this type of
development, is nearby. Also, an existing special permit for this use is also present nearby.
Therefore, this request is reasonable.
1 in. = 220.0 feet 2011-0049 CASE MAP SP:SWMH
Chattanooga - Hamilton County Regional
Planning Agency
Chattanooga-Hamilton County Regional Planning Agency
RPA Staff Report & Recommendations
Planning Commission Meeting Date: April 11, 2011
Case Number: 2011-050
STAFF RECOMMENDATION: DENY
Applicant: Angle Davis/Tom Griffin
Property Address: 1318 Arlington Avenue
Jurisdiction: City District 9
(County District 5)
Neighborhood: Avondale
Development Sector: Urban Infill
Applicant Request
Special Permit: Home for the mentally handicapped/or aged on a commercial basis.
______________________________________________________________________________
Proposed Development
Site Plan Submitted: No
Proposed Use: Residential
Purpose: Single-wide mobile home
Site Characteristics
Current Zoning: R-1 Residential
Current Use: Vacant
Adjacent Uses: vacant, residential, rail right-of-way
Size of Tract: .154 acre
Access: Good
Analysis
Extension of Current Zoning: Not Applicable
Name of Community Land Use Plan: Avondale Neighborhood Plan (2004)
Proposed Use Supported by Community Land Use Plan: NO
Proposed Use Supported by Comprehensive Plan: Partially
Planning Staff Comments:
Tennessee State Code addresses these uses in the following sections:
13-24-101. Purpose — Meaning of “mentally handicapped.”
(a) It is the purpose of this part to remove any zoning obstacles which prevent mentally
retarded, mentally handicapped or physically handicapped persons from living in normal
residential surroundings.
(b) As used in this part, “mentally handicapped” does not include persons who are mentally
ill and, because of such mental illness, pose a likelihood of serious harm as defined in § 33-
6-501, or who have been convicted of serious criminal conduct related to such mental illness.
13-24-102. Homes in which mentally retarded, mentally handicapped or physically
handicapped persons reside classified as single family residence.
For the purposes of any zoning law in Tennessee, the classification “single family residence”
includes any home in which eight (8) or fewer unrelated mentally retarded, mentally
handicapped or physically handicapped persons reside, and may include three (3) additional
persons acting as houseparents or guardians, who need not be related to each other or to
any of the mentally retarded, mentally handicapped or physically handicapped persons
residing in the home.
13-24-103. Precedence over other laws.
This part takes precedence over any provision in any zoning law or ordinance in Tennessee to
the contrary.
13-24-104. Inapplicability to commercial residences for handicapped persons.
This part does not apply to such family residences wherein handicapped persons reside when
such residences are operated on a commercial basis.
Tennessee state law provides for protections of these uses and compels local authorities to
allow them in most cases. Municipalities generally must not create additional barriers to
these operations that are more onerous than those applied to other (single-family)
residential properties.
The Tennessee Department of Mental Health inspects and licenses these facilities
regardless of whether they are operated by a 501(c)(3) not-for-profit group or
commercial for-profit entity.
Under state law, not-for-profit operators of group homes are not required to obtain a
Special Exceptions Permit prior to initiating a group home use. In these cases, the use is
likely indistinguishable from those operated on a commercial basis since the number of
residents for both types of operations is capped at eight clients and three houseparents.
Since this application is for a home operated on a commercial basis, Section 13-24-104
of Tennessee State Code appears to apply in this case.
The proposed site is a single-family dwelling located in the Avondale neighborhood.
Nearby land uses also appear to be mix of single-family dwellings and duplexes. The site
and surrounding properties are zoned R-1. The property was included in a zoning study
initiated by the City of Chattanooga in 2004. Ultimately, in July 2004, the City Council
downzoned the property to R-1 residential to encourage single-family development.
The site is located on an interior street within a low-density residential area where there is
little expectation of dissimilar land uses. The Avondale Neighborhood Plan adopted by
the Chattanooga supports the continued presence of low-density residential uses in the
area.
Although non-profit group home operations may locate in the R-1 Zone, the introduction of
a commercial use into a single-family residential area, whose impacts are unclear on the
adjacent properties, is generally not in keeping with good land use policy due to the
potential for additional traffic, parking issues and noise.
Chattanooga-Hamilton County Regional Planning Agency
RPA Staff Report & Recommendations
Planning Commission Meeting Date: April 11, 2011
Case Number: 2011-051
STAFF RECOMMENDATION: APPROVE
Applicant: John Wise
Property Address: 1133 Old Pineville Road
Jurisdiction: City District 1
(County District 6)
Neighborhood: Friends of Mountain Creek
Development Sector: Inner Suburban Infill
Applicant Request
Rezoning from R-3 Residential Zone to R-1 Residential Zone
Proposed Development
Site Plan Submitted: No
Proposed Use: Residential
Purpose: Single-family residential
Site Characteristics
Current Zoning: R-3 Residential
Current Use: Residential
Adjacent Uses: vacant, residential
Size of Tract: 4.95 acres
Access: Good
Analysis
Extension of Current Zoning: YES
Name of Community Land Use Plan: none
Proposed Use Supported by Community Land Use Plan: Not Aplicable
Proposed Use Supported by Comprehensive Plan: Yes
Planning Staff Comments:
This request should be approved since it is a request for a more restrictive zone which will
continue to allow the current land use by right.
1 in. = 220.0 feet 2011-0051 R-3 to R-1
Chattanooga - Hamilton County Regional
Planning Agency
Chattanooga-Hamilton County Regional Planning Agency
RPA Staff Report & Recommendations
Planning Commission Meeting Date: April 11, 2011
Case Number: MR-2011-052
STAFF RECOMMENDATION: APPROVE, subject to approval of the City Traffic Engineer and the
Fire Department
Applicant: Miller-McCoy, Inc
Property Address: 2000 block of Skyline Drive
Jurisdiction: Chattanooga District 4
(County District 8)
Neighborhood: Twinbook/Friends of East Brainerd/Brainerd & East Brainerd
Development Sector: Outer Suburban Growth
Applicant Request
Abandonment of part of 2000 block Skyline Drive
Proposed Development
Site Plan Submitted: Yes
Proposed Use: Hotel
Purpose: New Hotel at the end of Skyline Drive. Will access from Hamilton Place
Boulevard.
Site Characteristics
Current Zoning: R-1 Residential Zone and R-4 Special Zone
Current Use: Opened Right-of-Way
Adjacent Uses: Residential, Offices, and Commercial
Length of Right-of-Way: 390 Linear feet
Analysis
Extension of Current Zoning: Not Applicable
Name of Community Land Use Plan: Hamilton Place Community Plan (2001)
Proposed Use Supported by Community Land Use Plan: Not addressed in plan
Proposed Use Supported by Comprehensive Plan: No
Planning Staff Comments:
Currently, under Case 2011-052, the applicant is proposing to abandon Skyline Drive
where it abuts the proposed hotel site. Staff supports directing all non-residential traffic
to the Hamilton Place ring road or Hamilton Place Boulevard as proposed. However, the
remaining properties would not seem to be viable for non-residential uses, nor would staff
support a commercial/office rezoning for them, if they also did not access Hamilton Place
Boulevard or the Hamilton Place ring road. Therefore as part of the companion rezoning
case Case 2011-053, the rezoning has a recommended condition that the hotel property
owner provide, by access easement or other legal means, access to the remaining
properties if and when those properties convert to a commercial/office use. Additionally,
staff has developed a policy for the remaining residential properties along Skyline Drive
to its termini on Jarnigan Road. Please refer to Case 2011-053 for the entirety of the
rezoning recommendation.
So, if and when, the remaining properties on Skyline Drive are rezoned from R-1 to a nonresidential
zone, that development would access through the hotel drive to Hamilton Place
Boulevard. At that point in time, the cul-de-sac would be moved (at the cost of the owner
of the new development) from its proposed location in front to the hotel to the end of
Skyline Drive at is intersection with Jarnigan Road. There would no longer be access from
Jarnigan Road to Skyline Drive at that time. Although staff encourages roadway
connectivity, in order to preserve the character and quality of life for the residents south
of Jarnigan Road, in this case staff supports limiting all traffic going to and from Hamilton
Place mall by placing a cul-de-sac at this location.
1 in. = 300.0 feet 2011-0052 Case Map Abandon Street ROW
Chattanooga - Hamilton County Regional
Planning Agency
Chattanooga-Hamilton County Regional Planning Agency
RPA Staff Report & Recommendations
Planning Commission Meeting Date: April 11, 2011
Case Number: 2011-053
STAFF RECOMMENDATION: APPROVE, subject to the conditions
1) Providing access via an access easement or other means to the abutting properties on
Skyline Drive if and when those properties are rezoned.
2) Height shall be no higher than six stories.
3) Building orientation shall be as generally shown on the site plan running parallel to the
western property line.
4) Traffic Engineers Office approval of the ingress/egress onto Hamilton Place Boulevard.
5) As part of the required 20’ Type B Landscaping screen, the 10’ closest to the
neighboring property line be configured with two rows of evergreen trees staggered 10’ on
center with an 8’ high sight-obscuring fence (shall not be chain link) at a minimum of 10’ off the
property line running the length of the shared property line. See graphic.
Applicant: Miller McCoy, Inc
Property Address: 2011 & 2015 Skyline Drive
Jurisdiction: Chattanooga District 4
(County District 8)
Neighborhood: Twinbrook/Friends of East Brainerd/Brainerd/East Brainerd
Development Sector: Outer Suburban Growth
Applicant Request
Rezoning: R-1 Residential Zone to C-2 Convenience Commercial Zone
Proposed Development
Site Plan Submitted: Yes
Proposed Use: Hotel
Purpose: Hotel
Site Characteristics
Current Zoning: R-1 Residential Zone
Current Use: Residential
Adjacent Uses: Residential, Offices, and Commercial
Size of Tract: 2.4 Acres
Access: Good
Analysis
Extension of Current Zoning: No, C-2 and C-4 zones
Name of Community Land Use Plan: Hamilton Place Community Plan (2001)
Proposed Use Supported by Community Land Use Plan: Yes, in part
Proposed Use Supported by Comprehensive Plan: Yes
Planning Staff Comments:
The Hamilton Place Community Plan contains the following recommendation for this area:
“Skyline Drive
Skyline Drive is a narrow strip of single-family residences that is sandwiched
between commercial development to the west and CBL's new office building to the
east, and is topographically separated from the rest of the residences in the area.
This area is appropriate for commercial development ONLY if it is developed as
part of a redevelopment of the adjoining commercial property to the west, and
ONLY if there is no access to Franks Road to the south.
Hamilton Place Mall/"Town Center"
Supporting the overall strategy of focusing future commercial development on
existing commercial land through densification, the Land Use Plan identifies the
Hamilton Place Mall area as a target location for a mixed use "town center". This
town center should be planned as pedestrian-oriented commercial main street
with a mix of retail, office and residential uses. In the long-term this center may
require the development of structured parking and could provide a central
location for transit routes and/or a transit center.”
The proposed hotel meets the recommendation of the plan in that it does not access Franks
Road. The proposed hotel does not meet the recommendation of being “developed as
part of a redevelopment of the adjoining commercial property to the west”. However,
there are severe topography issues that most likely prevent redevelopment with the
adjoining commercial property to the west.
The Hamilton Place Community Plan recommends a commercial use at this location. Staff
supports the hotel use in that it does meet the strategy of focusing commercial
development in existing commercial areas, a concept supported strongly by the
countywide Comprehensive Plan. The applicant provided a site plan showing the final
topography after grading. This site plan shows the amount and configuration of grading
that must be done on this site. Staff paid careful attention to the ground floor elevation
and overall building height (proposed building is six stories) in making its recommendation.
The main issues surrounding this rezoning include 1) impact on adjoining residential parcels
and 2) Skyline Drive policy to address the
remaining residential portion and 3) Access to
Hamilton Place Boulevard
1) Impact on adjoining residential parcels
Staff is recommending conditions be placed on the
proposed C-2 zoning. The conditions are intended
to ameliorate as much as possible the impacts of
the proposed hotel. As the home of the adjacent
property owner will be roughly on level with
second floor of the hotel, these conditions will
certainly not completely address the impact which
is why staff has created a policy for the remaining
residential properties on Skyline Drive (see below).
As part of the required 20’ Type B Landscaping
screen, staff is recommending that the 10’ closest
to the neighboring property line be configured
with two rows of evergreen trees staggered 10’
on center with an 8’ high sight-obscuring fence
(shall not be chain link) at a minimum of 10’ off the
property line running the length of the shared
property line.
Shared
property line
8’ high
fence
Two rows
Evergreen trees
(staggered)
Remaining landscape screen
2) Skyline Drive policy to address the remaining residential portion
In recommending support of this rezoning request, staff has developed a policy for the
remaining residential properties along Skyline Drive to its termini on Jarnigan Road. As
much of the Hamilton Place Community Plan commercial/office footprint has built-out south
of Shallowford Road, in order to maintain a closely-knit commercial area, additional
fringe sites such as this will have additional pressures to develop.
The residents currently overlook the CBL office building and parking lots. Since the
development of the community plan, and with the construction of the CBL office building,
staff has understood that the residents of Skyline Drive wanted to explore options other
than single-family residences. Staff supports non-residential rezoning of the rest of the
residential properties to a higher-intensity non-residential use in order to provide relief to
these property owners. However, this should be done with certain restrictions in place that
hold the line on extending commercial/nonresidential development south of Jarnigan
Road.
Currently, under Case 2011-052, the applicant is proposing to abandon Skyline Drive
where it abuts the proposed hotel site. Staff supports directing all non-residential traffic
to the Hamilton Place ring road or Hamilton Place Boulevard as proposed. However, the
remaining properties would not seem to be viable for non-residential uses, nor would staff
support a commercial/office rezoning for them, if they also did not access Hamilton Place
Boulevard or the Hamilton Place ring road. Therefore, the hotel site should rezoning be
conditioned to the property owner providing, by access easement or other legal means,
access to the remaining properties if and when those properties convert to a
commercial/office use.
So, if and when, the remaining properties on Skyline Drive are rezoned from R-1 to a nonresidential
zone, that development would access through the hotel drive to Hamilton Place
Boulevard. At that point in time, the cul-de-sac would be moved (at the cost of the owner
of the new development) from its proposed location in front to the hotel to the end of
Skyline Drive at its intersection with Jarnigan Road. There would no longer be access from
Jarnigan Road to Skyline Drive at that time. Although staff encourages roadway
connectivity, in order to preserve the character and quality of life for the residents south
of Jarnigan Road, in this case staff supports limiting all traffic going to and from Hamilton
Place mall by placing a cul-de-sac at this location.
Additional consideration for ensuring compatible development in the future for the entirety
of Skyline Drive would be a substantial vertical (tree and shrub and fence screen) and
horizontal (at least 100’ depth) buffer between any new commercial/office development
and Jarnigan Road. Jarnigan Road itself (a dead-end stub at this location) would be an
additional horizontal buffer from any development along Skyline Drive. Development
should be oriented to the north and away from the residential development to the south.
2) Access to Hamilton Place Boulevard
The applicant is working with the City Traffic Engineer to address sight distance issues at
the point of egress from the development onto Hamilton Place Boulevard. Solutions have
been identified and the rezoning is subject to final approval by the Traffic Engineers
Office.
Note: Applicant will be applying for a rear setback variance along the western property line.
1 in. = 300.0 feet 2011-0053 R-1 to C-2
Chattanooga - Hamilton County Regional
Planning Agency
Chattanooga-Hamilton County Regional Planning Agency
RPA Staff Report & Recommendations
Planning Commission Meeting Date: April 11, 2011
Case Number: 2011-054
STAFF RECOMMENDATION: APPROVE WITH CONDITIONS
1) NON-RESIDENTIAL USES SHALL NOT FRONT HAMILTON
AVENUE.
2) ON-SITE STRUCTURED PARKING SHALL BE UTILIZED AND
INTEGRATED INTO THE BUILDING'S DESIGN.
3) INGRESS AND EGRESS SHALL BE APPROVED BY THE CITY
TRAFFIC ENGINEER.
4) AUTO-ORIENTED USES AS DEFINED IN SEC. 38-201(4) OF THE
URBAN GENERAL COMMERCIAL ZONE ARE PROHIBITED.
5) COMMERCIAL SIGNS, MOTELS, HOTELS, SELF-STORAGE
FACILITIES, SMALL ANIMAL HOSPITALS AND VETERINARY
OFFICES, ADULT-ORIENTED ESTABLISHMENTS, KENNELS,
BOARDING, GROOMING, TRAINING AND SIMILAR USES ARE
PROHIBITED.
6) THE APPLICANT SHALL SCHEDULE AND ATTEND A PRESUBMITTAL
MEETING WITH CITY OF CHATTANOOGA LAND USE
DEVELOPMENT OFFICE STAFF PRIOR TO THE ISSUANCE OF A
BUILDING OR LAND DISTURBANCE PERMIT.
Applicant: Wise Properties TN, LLC
Property Address: 609 Hamilton Avenue
Jurisdiction: City District 1
(County District 6)
Neighborhood: Hill City/Northshore
Development Sector: Urban Infill
Applicant Request
Rezoning from R-4 Special Zone to UGC Urban General Commercial Zone
______________________________________________________________________________
Proposed Development
Site Plan Submitted: YES
Proposed Use: Mixed Use Residential and Retail
Purpose: Mixed Use
Site Characteristics
Current Zoning: R-4 Special Zone
Current Use: Vacant
Adjacent Uses: vacant, residential, commercial
Size of Tract: 1.1 acres
Access: Good
Analysis
Extension of Current Zoning: NO
Name of Community Land Use Plan: North Shore Plan
Proposed Use Supported by Community Land Use Plan: YES
Proposed Use Supported by Comprehensive Plan: YES
Planning Staff Comments:
Proposed Project
The project as currently proposed consists of a multi-story building containing residential
units with a ground-level mix of retail uses. The applicant proposes 51 residential units at
density of around 46 units per acre. Similar uses found in the C-7 North Shore
Commercial/Mixed Use Zone on Frazier Avenue contain residential densities over 70 units
per acre.
Site Location/Context
The site lies between North Market Street, Hamilton Avenue and West Bell Avenue. It
features challenging topography with an elevation decrease of nearly 70 feet between
Hamilton Avenue and North Market Street. Site design in terms of scale and intensity
(density) should be carefully considered.
Surrounding zoning is varied. RT-1 Townhouse Zone is immediately adjacent to the north.
That site contains six townhouse units. M-1 Manufacturing Zoning lies to the west across
North Market Street. R-2 Residential Zone lies south across West Bell Avenue and east
across Hamilton Avenue.
Transportation Considerations
North Market Street is listed as having a Functional Classification of 'Urban Minor
Arterial.' The Federal Highway Administration(FHWA) generally states that:
The minor arterial street system should interconnect with and augment the urban principal
arterial system and provide service to trips of moderate length at a somewhat lower level of travel
mobility than principal arterials. This system also distributes travel to geographic areas smaller than
those identified with the higher system.
The minor arterial street system includes all arterials not classified as a principal and contains
facilities that place more emphasis on land access than the higher system, and offer a lower
level of traffic mobility. Such facilities may carry local bus routes and provide intracommunity
continuity, but ideally should not penetrate identifiable neighborhoods.
Hamilton and West Bell Avenues are classified as Urban Local Streets. The FHWA
description of this classification is:
The local street system comprises all facilities not on one of the higher systems. It serves
primarily to provide direct access to abutting land and access to the higher order systems. It
offers the lowest level of mobility and usually contains no bus routes. Service to through, traffic
movement usually is deliberately discouraged.
The difference in the transportation function of these two abutting streets is crucial to
future land use and successful integration of the site into the community. Due to its higher
level of service and traffic volume, the more intense non-residential uses should be
concentrated on the lower portion of the site along North Market Street. Uses extending
east and uphill from Market Street that abut Hamilton Avenue should feature a component
that compliments the street's existing uses and scale. RPA staff is particularly concerned
that the project respect the scale of the existing residences to the north and east.
Urban General Commercial Zone
The intent of the UGC is to promote traditional urban development with multi-story
buildings set close to the sidewalk and a mix of uses within each site and within individual
buildings. The UGC Zone is intended for Urban Infill areas as described in the
Comprehensive Plan 2030. This site is located in the Urban Infill area. Sec. 38-202 of the
Chattanooga Zoning Ordinance states that,
The Urban General Commercial Zone shall be located so as to primarily serve traffic
on arterial or collector streets and all business developed within such zones shall be
situated on the site so as to offer convenient ingress and egress to such streets.
Sec. 38-210 of the Chattanooga Zoning Ordinance pertaining to the UGC sets a minimum
building height of eighteen (18) feet and maximum building height of forty (40) feet. The
approval of the Regional Planning Agency is required if maximum building height is
proposed to be higher than forty (40) feet.
UGC Zone area standards require a minimum lot area of 5,000 square feet plus 1,000
feet for each additional dwelling unit. This minimum lot area shall be in addition to the
area required for commercial use and its parking and loading area.
Adopted Plans
The North Shore Plan, adopted by the Chattanooga City Council in 2007, supports a
"Low-Intensity Mixed Use" at this location which consists of,
...building footprints smaller than 5,000 square feet, and for buildings of less
relative scale than those of the medium-intensity form. Development in this classification
should be constructed in line with urban design principles...Storefront retail & offices
with 2nd floor office or residential uses are encouraged...
The North Shore Plan also addresses this location within the 'North Market Street' section
of the document. A key recommendation states that,
"C-7 Zoning should be extended to Peak Street." The zone is not currently in place
at this location; and the Zoning Ordinance does not allow C-7 to be extended to
properties not contiguous with existing C-7.
The North Shore Plan also states that,
The intensity of development should generally decrease as the distance from Frazier
Avenue decreases. and that, the intensity of development along North Market Street should
lessen significantly north of Bell Avenue.
The plan supports a more intense mixed use of the site, similar to that of the C-7 corealbeit
at a lower density and somewhat smaller scale. Given the site's limitations, a 5,000
square foot building would be difficult to produce.
Similar projects in the C-7 North Shore Commercial/Mixed Use Zone contain residential
densities of over 70 units per acre. This proposal for the Urban General Commercial Zone
features substantially lower densities in accordance with the North Shore Plan
recommendations. When considering the UGC requirements, UGC area standards will
likely reduce the number of allowed dwelling units from the current proposal of 46.
Structured Parking
Parking is often a concern in the Urban Infill development sector. For this site, the use of
on-site structured parking is essential to lessening the impact on surrounding residential
properties. It is also crucial to allowing the flexibility needed to properly address the site
to mitigate impacts on the adjacent residences. It is also needed to maintain an urban
form fitting with its location within the Urban Infill development sector.
Scale and Massing
As mentioned above, a critical aspect of this project will be the manner in which it
addresses the site. Non-residential uses should be located along North Market Street on
the building's first floor to provide pedestrian and visual interest to contrast with the
parking facilities located there.
Incorporating the above considerations, the project meets the intent of the North Shore
Plan by carefully introducing additional density in a mixed-use site; because of this, the
proposal should be approved with certain conditions.
1 in. = 260.0 feet 2011