County Commissioner Lee Helton is offering a "compromise" proposal for the controversial Plan Hamilton.
The County Commission is set to vote next Wednesday on his proposal despite deep divisions continuing on the commission and in the community.
Officials said the vote will express "the will of the County Commission", but it will go back to the Planning Commission to draft the growth plan that will be used in the unincorporated county going forward.
County Attorney Janie Varnell said under state law it is the Planning Commission that is to produce such a plan.
Commissioner Helton said his changes include:
Allowing 1.5 dwellings per acre in A1. It is now two per acre.
Allowing five dwellings per acre in R1. It is now seven.
Allowing developers to fill 75 percent of flood plains instead of the current 100 percent.
Requiring house setbacks from roads.
Requiring landscape buffers among major thoroughfares.
Going down from three dwellings per acre to 2.75 per acre in R1 country-side zones.
Commissioner Helton said, "To say this proposal does not lower density is a downright falsehood." He said he will not recuse himself from the vote as requested by one citizen, who said he is a builder and member of the Homebuilders Association.
Commissioner Helton said he let his Homebuilders Association membership expire when he went into office.
He said he had not "pulled a permit" in the unincorporated county since then, but has built a few homes in the city and in north Georgia.
County Commissioner Chip Baker said at the Spangler Farm subdivision going in on Signal Mountain, that under the new plan even more homes could be built because it is putting in its own sewage system.
He said in the past commissioners have acknowledged the needs of commissioners in their districts, but he said that may not be the case in the future.
Here is the resolution:
Hamilton County Board of Commissioners
RESOLUTION
No. 825-18
A RESOLUTION ADVISING THE REGIONAL PLANNING COMMISSION AND THE
REGIONAL PLANNING AGENCY THAT IT IS THE WILL OF THE HAMILTON
COUNTY COMMISSION TO CHANGE PLAN HAMILTON IN ACCORDANCE WITH
THE SPECIFIED CHANGES.
WHEREAS, the Hamilton County Commission recognizes the importance of Plan Hamilton as a guiding document for the orderly growth, development, and sustainability of Hamilton County; and
WHEREAS, the Hamilton County Commission has reviewed proposed changes to Plan Hamilton, as detailed in the resolution below; and
WHEREAS, these changes are intended to ensure that Plan Hamilton aligns with the current and future needs of the community, promoting responsible land use, economic development, and quality of life for all residents; and
WHEREAS, the Hamilton County Commission seeks to advise the Regional Planning Commission and the Regional Planning Agency that it is the will of the Commission to incorporate these changes into Plan Hamilton to reflect the County’s vision for sustainable and equitable development; and
WHEREAS, it is the desire of the Hamilton County Commission that the Regional Planning Commission would adopt Plan Hamilton with these changes as the area plan for the unincorporated areas of Hamilton County with the intent of it being included as part of the adopted comprehensive area plan; and
WHEREAS, after the Regional Planning Commission adopts a plan, it would be transmitted for review and adoption by the Hamilton County Commission if it be the desire of the Hamilton County Commission at that time.
NOW, THEREFORE, BE IT RESOLVED BY THE HAMILTON COUNTY COMMISSION, HAMILTON COUNTY, TENNESSEE:
SECTION 1. That the Regional Planning Commission and the Regional Planning Agency are hereby advised that it is the will of the Hamilton County Commission to change Plan Hamilton in accordance with the following changes:
• Change Countryside Residential density to 1.5 dwelling units per acre if on septic, and 3 dwelling units per acre if on sewers, and 2.75 dwelling units per acre on decentralized sewer systems, or where new approved technology allows (subject to change if new information or technological improvements to the decentralized systems becomes available), in all appropriate areas of all plans, to reduce density where septic systems are used and allow for future growth where sewer infrastructure is available.
• Change the Countryside Residential Development Standards bullet point paragraph "Floodplains" by changing "two thirds" to "three fourths" and the number "67" to "75" in all plans, to reduce development in floodplains by 25%.
• Require ADA compliant sidewalks in Suburban Residential Development Standards unless the average lot size is 1 acre or above, in all plans, to ensure pedestrian infrastructure in denser subdivisions.
• Change the Plan Change Process to allow changes for one side of the river every other month, alternating sides, in all appropriate areas of all plans, to permit changes six times per year, per side of the river, as a reasonable compromise.
• Remove all Appendices except for the Chamber of Commerce letter, in all plans, as the Appendices add no substantive value to the Plan.
• Delete the entire section in the Plan Change Process and Updates Section beginning with "Hamilton County and RPA will develop criteria for plan changes using the following considerations," in all plans, to prevent additional requirements post-adoption.
• Delete the "Case Study/Example Ordinance Column" in the Implementation Matrix, in all plans, to avoid confusion from references to external rules without clear relevance.
• Remove the bullet point on Page 19 requiring Geo-technical, Environmental, Traffic, and Stormwater reports for new development in Area 7, as current regulations sufficiently address report requirements.
• Remove the first bulleted paragraph under Conservation Subdivisions on Page 82 in Area 7, which suggests rezoning to higher density only in incorporated areas with sewer and emergency services or at identified center Place Types, to avoid restricting development in unincorporated areas.
• Remove the first sentence of the first bulleted paragraph under Centers on Page 82 in Area 7, stating that the majority of future development should be located within the incorporated town boundaries of Signal Mountain and Town of Walden, to avoid restricting development in unincorporated areas.
• Delete the sentence on Page 14 in Area 8 under Flood Plain & Drainage stating, "Lower density residential development patterns with large, clustered lots, setbacks from flood plain and roadways, and significant open Areas are recommended in this Area," as density should be governed by Place Type and existing engineering requirements.
• Delete the CR 2.5 Place Type in Areas 8 and 9, converting these areas to Countryside Residential if sewer is not available or Suburban Residential if sewer is available, based on the density changes above.
• Remove the second sentence on Page 31 in Area 9, stating, "These constraints dictate that residential and commercial density should remain low," to avoid requiring less density than permitted by Place Types.
• Delete the phrase in Item 2 on Page 35 in Area 9, "Further road congestion must be avoided and necessary infrastructure improvements will be required to support new development," to ensure developments are evaluated based on existing engineering studies.
• Delete the sentence in Item 3 on Page 35 in Area 9, "Prohibiting development in the floodplain ensures necessary storage of floodwaters," as development in floodplains is governed by current regulations.
• Delete the sentence in Item 4 on Page 35 in Area 9, "The predominant development pattern of single family residential on larger lots will be maintained," to ensure development aligns with zoning and Place Type lot sizes.
• Remove the words "subdivision plat approvals" from the first sentence of section 4.2 on Page 37 in Area 9, as plat approvals are governed by subdivision regulations.
• Delete the phrase "or be required to pay for regional solutions" from Policy 15.3.1 on Page 74 in Area 13, to avoid introducing requirements for developers to fund regional flood solutions.
• Replace the first sentence of Policy 7.13.1 on Page 74 in Area 13 with, "The lack of sewer and water infrastructure, constraints on emergency services, undulating terrain, and floodprone low lands in Area 13 make it important to ensure that developments are appropriately engineered and serviced," to align density with Place Type requirements and zoning.
• Delete the first paragraph on Page 77 in Area 13, stating that larger-scale developments above base zoned A-1 density are not appropriate outside of Soddy-Daisy, to avoid restricting rezonings in unincorporated areas.
• Change Rural Corridor to require a 50-foot setback from right of way of existing roadway for any structure including water quality features and require a 30-foot type A landscape buffer along the entire frontage. Adequate right of way as determined by the County Engineer should also be required as a condition to be given to accommodate an additional lane if a rezoning case is requested along the Rural Corridor overlay.
• Remove the rural corridor overlay from Dolly Pond Rd, Grasshopper Rd, Cooley Rd, Shipley Hollow Rd, Turner Rd, Andy Thomas Rd, Providence Rd, Poole Rd, May Rd, Poe Rd, Corral Rd and McGhee Rd.
• Existing zoning density and conditions should not be overridden by Plan Hamilton for platting purposes in residential or commercial zones, but all setback and buffering language should apply to new preliminary plats (those not already accepted by RPA)
• Setback and buffering requirements should also apply to residential plats in agricultural zones.
• A-1 Zoning should be amended to reflect the change to 1.5 per acre on traditional septic and should remain unchanged on sewer.
SECTION 2. That the Regional Planning Agency shall undertake all necessary steps to review, process, and implement said changes in a timely manner, consistent with applicable laws, regulations, and planning procedures.
SECTION 3. That this Resolution shall take effect immediately upon its passage, the public welfare requiring it.