A request by Milan Patel to rezone property at the corner of Freewill Road and Candies Lane from Single Family Residential (R1) to Commercial Highway (CH) was pulled from consideration.
Senior Planner Paul Corder said Patel requested the item pulled from the agenda at this time. In doing research he said it appears deed restrictions could be an obstacle to rezoning the property.
In a reversal of sorts, a request by Grissom Funeral Homes to rezone properties at 105 and107 30th Street, and 3005 Julian Drive from Low Density Single and Multi-family Dwelling (R2) to CH was unanimously approved.
Mark Grissom said he requested the change mainly to enlarge the parking lot for the funeral home at 3010 North Ocoee.
About 40 neighbors from Sullivan Estates subdivision circulated a petition opposing the change based on deed restrictions that limit the property to residential use only.
However, after researching titles, Corder said Grissom’s property is located in Lee Heights subdivision.
“Lee Heights is different from Sullivan Estates because in it, it is designated for single family in almost all of it,” Corder said. However, Lots No. 1 through No. 34 can be used for business or residential purposes. “In the Lee Heights subdivision, which is where Grissom Funeral Home is located, specifically allows businesses in this area so there are no deed restrictions I could find.”
In other action, commissioners approved a request by James L. Watson to rezone a portion of a property at 2644 Benton Pike from Multi-family Residential (R3) to CH.
Watson requested to rezone a part of his property that is inside the city limits (the back part is in the county) from residential to commercial.
Corder said a few commercial properties are on the north side of Benton Pike across from the Watson property. The intersection at Benton Pike and Michigan Avenue Road is becoming busier because of the new Whirlpool plant. Michigan Avenue Road is planned to be moved so the access onto Benton Pike will be closer to where Pirkle Road comes into Benton Pike.
He said the properties to the east and west are zoned R3. It is not uncommon for R3 to be located next to CH.
Planning commissioners also approved a request by Michigan Avenue Baptist Church to rezone property between Michigan Avenue Road and Pirkle Road from Heavy Industrial (IH) to R1.
Corder said a church is allowed by right in IH zones but would only be allowed as a conditional use, with BZA approval, in R1.
“If this property will be used as a church, then the existing zoning is more appropriate. However, it would also be an appropriate location for all the uses allowed in the R1 zoning district,” he said. “The property to the north is zoned R3 and to the south is an area zoned commercial. Across Michigan Avenue are some single family homes and the new Whirlpool site. To the east is more land owned by Michigan Avenue Baptist Church and the location of their current church.
“Pirkle Road is an undersized road but there is not a large traffic demand so it is serving the needs of the abutting properties as it is currently constructed,” Corder said.
He said if a new development went in at this location there would be three streets for access so any new traffic demand would not have to be placed on any one of the streets alone.
The commissioners also approved a request by Claude Simpson to de-annex properties at 178 Durkee Road N.E. Simpson asked to have the flag lot properties annexed into the city on March 28.
The reason for the annexation was to bring Durkee Road into the city as part of the road improvement agreements with Bradley County. The city cannot make improvements to roads outside its boundaries.
Corder said as long as the right-of-way on Durkee Road remains in the city the back portion of the flag lots are not vital to the annexation goals.
Simpson also owns land on Waterlevel Highway that can be used to access the back parts of these properties.
Corder said having three drives on Durkee Road remain in the county would cause a hardship for the 911 Center and lead to undue confusion for determining which jurisdiction responds to emergencies.
He said that problem could be eliminated by replating the properties to have access onto Waterlevel Highway.
All votes were unanimous among commissioners present at the meeting. Larry Presswood, Tricia Haws, Yvonne Cannon, Tim Henderson, Stan Lawson and Dee Burris were present. David May, Maryl Elliott and Michael Laney were absent.