Subject: 19519 1992-103 Church of God/State Board of Trustees Date: Mon, 27 Feb 1989 12:20:00 -0500 1992-103 State Board of Trustees of the Church of God RESOLUTION NO. 19519 A RESOLUTION GRANTING THE APPROVAL OF A SPECIAL PERMIT FOR AN R-3 PLANNED UNIT DEVELOPMENT SUBMITTED BY THE STATE BOARD OF TRUSTEES OF THE CHURCH OF GOD ON A TRACT OF LAND LOCATED IN THE 7100 BLOCK OF MCCUTCHEON ROAD SUBJECT TO CERTAIN CONDITIONS. _______________________ BE IT RESOLVED ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That the preliminary Planned Unit Development attached hereto as submitted by the State Board of Trustees of the Church of God be and the same is hereby approved for the following tract of land: A tract of land located in the 7100 block of McCutcheon Road, being on the northeast line of McCutcheon Road southeast of Lee Highway. Lots 7, 9, and 11, and part of lots 8 and 10, Church of God Addition 3, as shown by plat of record in plat book 43, page 145, R.O.H.C.; being part of the property described in deed book 1121, page 297, R.O.H.C. Said lots and parts of lots form one tract beginning on the northeast line of McCutcheon Road 1140.41 feet southeast of the intersection of the northeast line of McCutcheon Road with the southeast line of Lee Highway, thence northeast 282.31 feet, thence southeast, northeast, and northwest some 986.5 feet, thence northeast some 331 feet to a point in the northwest line of lot 10, said Church of God Addition, thence northeast some 40 feet with said line to the northwest corner of lot 7, said subdivision, thence southeast 331.91 feet with the northeast line of said lot 7, thence southwest 83.78 feet and southwest 21.58 feet with the southeast line of lot 7, thence southeast 118.87 feet with the northeast line of lot 7, thence southwest 62.43 feet with the southeast line of lot 7, thence northwest 83.71 feet with the southwest line of lot 7, thence southwest 46.68 feet, southwest 92.92 feet, and southwest 44.66 feet with the southeast line of lot 7, thence southeast and southwest 274.42 feet with the northeast and southeast line of lot 7, thence southwest 61.72 feet with the southeast line of lot 7 to the northwest corner of lot 11, said subdivision, thence southeast 50 feet with the northeast line of said lot 11 to the northeast corner thereof, thence southwest 234 feet with the southeast line of said lot 11 to the northeast line of McCutcheon Road, thence northwest 454.83 feet with McCutcheon Road to the point of beginning. Tax Map No. 139P-C-7.5, 7.6, 7.7 (part), 7.8 (part), and 7.9. BE IT FURTHER RESOLVED, That this approval shall be subject to the following conditions: A. Planning Commission Requirements: 1. Label all roads as private. If the developers wish to have Front Street and Tabernacle Circle as public roads, they must contact the City Engineer's Office about necessary improvements. Although they are not constructed to City standards, Front Street and Tabernacle Circle have 50' rights-of-way. The City Engineer can require any improvements before the City will accept an existing road as public. 2. There are 13 vacant lots. If this plan is recorded these 13 lots can be sold to anyone and built upon. The reason for special consideration of this situation is the existing 43 houses. The staff does not feel that any more dwellings should be permitted on the substandard streets of this development. Therefore, the possibility of developing the 13 vacant lots should be eliminated by combining them with adjacent lots, showing them as common open space or common parking areas. Designating an open space would satisfy the open space requirement of the P.U.D. ordinance as no minimum area is called for. 3. All of the street names except Tabernacle Circle are in conflict with existing or proposed street names in Hamilton County. Therefore, new names for these streets must be selected. 4. Add the following note: "All streets in this P.U.D. are private. The City of Chattanooga is not responsible for construction or maintenance of any roads in this P.U.D." 5. Add the following note: "The City of Chattanooga is not responsible to provide any desired utilities or services beyond the right-of-way of public roads." 6. Change the Owner's Certification to read: "We, the undersigned, do hereby adopt this plan as our plan of Planned Unit Development, certify we are the owners of the property shown heron in fee simple and dedicate the right-of-way of McCutcheon Road as shown to the public use forever." 7. Case No. 1992-102, the R-3 rezoning for part of this property, and Case No. 1992-103, the preliminary R-3 P.U.D. Special Permit, must both be approved by the Chattanooga City Council before the Planning Commission staff can make a recommendation on the final P.U.D. plan to the Chattanooga City Council. 8. Label the drawing as a P.U.D. instead of a plat. 9. Submit four copies of road profiles with the final P.U.D. plans. 10. Submit contour lines with the final P.U.D. plans on a separate drawing. 11. Article V, Section 1213(1) of the Chattanooga Zoning Ordinance has requirements for a preliminary P.U.D. plan. Below are indicated subsections that are not complete on the submitted P.U.D. plan and the specific requirements not included: (a) Define the size and existing zoning of the proposed site. (b) Indicate the surrounding type of development and land use. (c) Set forth the type of development proposed, the density of the proposed development, and the location of all parking areas and open space. (d) Show a plan for public utilities. Public utilities include sewer, power, telephone, gas and water. Garbage and trash pick-up points should be shown on perimeter of property. 12. Note the deed number of the property subdivided and that water supply is by Tennessee-American Water Company. 13. Show exact bearings, distances and curve data for all street center lines and lot lines on the final P.U.D. plan. 14. Add the seal of the surveyor to the final P.U.D. plan. 15. Article V, Section 1210 of the Chattanooga Zoning Ordinance requires "on-site usable recreation and open space." None is shown on the plan. Show recreation and open space on the plan. The 13 vacant lots could be such open space. There must be an area of open space in the area of lots 1-28 and another in the area of lots 19-56. The larger lots in each section would be sufficient. 16. Article V, Section 1208(5) requires fire hydrants in a location approved by the Fire Department as a site improvement. The Fire Department requires an additional fire hydrant at the intersection of Front Street and Eighth Street. If there is not a large enough water line to serve this hydrant, install a large enough line to serve this hydrant. 17. Part of the cul-de-sac at the end of Front Street appears to have been sold to Howard Brown in 1990 by Deed Book 3770-Page 923. If this is the case, either eliminate the sold area from the P.U.D., have the owner of this area sign the P.U.D. plan, obtain this area from Mr. Brown or obtain an easement from Mr. Brown for this area. B. Board of Zoning Appeals Variances: 1. Article V, Section 1204(2) of the Chattanooga Zoning Ordinance requires that no free-standing building in a P.U.D. be closer than 15' to any other free-standing building. Buildings on lots 5, 6, 7, 13, 19, 20, 24, 29, 30, 41, 42, 48 and 49 are within 15' of other free-standing buildings and, therefore, must have a variance from the Chattanooga Board of Zoning Appeals. 2. Article V, Section 1204(2) of the Chattanooga Zoning Ordinance requires that no free-standing building be closer than 25' to the exterior boundary of the P.U.D. Buildings on lots 1, 3, 4, 5, 6, 15, 17, 53, 55 and 56 are closer than 25" to the outer boundary of the P.U.D. Therefore, these lots must have a variance from the Chattanooga Board of Zoning Appeals. 3. Article V, Section 1205(1) of the Chattanooga Zoning Ordinance requires two off-street parking spaces per dwelling unit. Most of the houses have no off-street parking. Therefore, parking variances are necessary from the Chattanooga Board of Zoning Appeals. 4. Article V, Section 1208(2) of the Chattanooga Zoning Ordinance requires sidewalks or an equivalent paved internal pedestrian circulation system. Since there are no sidewalks, a variance from this requirement is necessary from the Chattanooga Board of Zoning Appeals. 5. Article V, Section 1208(3) of the Chattanooga Zoning Ordinance requires curb and gutter in Planned Unit Developments. Since there is no curb and gutter, a variance from this requirement will be necessary from the Chattanooga Board of Zoning Appeals. 6. Article V, Section 1208(4) of the Chattanooga Zoning Ordinance requires that storm drainage structures be constructed in accordance with standards and specifications furnished by the City Engineer. If after review of the plan when road profiles and contour lines are submitted the Chattanooga City Engineer requires additional drainage structures, these will have to be installed or a variance not to install them granted by the Chattanooga Board of Zoning Appeals. The City Engineer cannot make a decision on this now because there is insufficient information. C. Chattanooga Traffic Engineer Requirement: 1. Dedicate extra right-of-way to McCutcheon Road to be 30' from the center line. D. Chattanooga City Engineer's Office Requirements: 1. Separate the rights-of-way of Front Street and Center Street from McCutcheon Road by a solid line to emphasize that these are not public rights-of-way. 2. Add the following note: "Before the local government can accept streets in this P.U.D. as public they must meet minimum design and right-of-way standards in effect at the time of acceptance." 3. Contact Gordon Phillips about the location of sewers and their status as public or private. ADOPTED: July 14, 1992 RHR:meb