The leader of an historic neighborhood on the slopes of Missionary Ridge says the recently approved new zoning plan, that puts a premium on dense growth, leaves it vulnerable.
Sheena Benavente, speaking for Battery Heights, says in a zoning case at the neighborhood's entrance the group was faced with a choice of full use of the site "by right" or by one of the new zones with no conditions available to be put in place.
JWS Construction of Hixson wants to build 25 homes on 5.1 acres on a steep tract at Bonny Oaks Drive and Parkway Drive.
Ms. Benavente said the neighborhood is most concerned that the development will dig away a steep hill near their entrance.
Allen Jones, engineer representing JWS Construction, said he inquired about using a Planned Unit Development (PUD), but he said, "The staff did not recommend that I pursue that."
Bryan Shults, RPA director of development services, said, "We are moving away from conditional zoning. That is the whole idea of the new zoning."
He added, "But we're going down that road already."
Mr. Jones said the developer had been willing to agree to conditions including a maximum of 25 units and that 40 feet would be the minimum lot width. He said that would allow the entrance hill to be kept as green space.
Ms. Benavente said without the opportunity to insert such conditions the neighborhood is subject to radical changes by this and future developers who might buy the property.
She said, "Battery Heights is really vulnerable in this new zoning code. It could be changed radically before the kinks are worked out. It's tragic that we would lose our entrance."
Ms. Benavente said, "We don't want Battery Heights to be the first casualty of unchecked development when safeguards are not in yet."
She also said, "If the city aspires to be a National Park City we need to start protecting all neighborhoods, especially vulnerable ones like East Chattanooga that lack access to green spaces."
Darrin Ledford, a member of the Planning Commission and a City Council member, said the PUD process did provide "assurances to the public that, quite frankly, are still useful."
He said, "We are going to abandon safeguards to the public for the sake of density."
Mr. Shults said it is still possible to go the PUD route as an "overlay". He said, "It didn't go away. It's more difficult now."
The planning staff had recommended against the new RN-1-3 zone for 3,000 square foot lots as not being compatible with the much larger lots at Battery Heights. Under the new zoning, the property is RN-1-6 for 6,000 square foot lots. Mr. Shults noted that most of the Battery Heights lots are at least 7,000 square feet.
Chris Anderson, of the mayor's staff, said, "While I was a big proponent of the RN-1-3, it doesn't mean that it needs to be everywhere."
In the end, Commissioner Ledford voted to deny the rezoning request, and that passed.
Mr. Shults said the developer could then withdraw the rezoning request and come back in December with a PUD that includes the conditions sought by the neighborhood.