Planners opt against any road changes
by DAVID DAVIS, Managing Editor
Jun 05, 2013 | 585 views | 0 0 comments | 11 11 recommendations | email to a friend | print
The Bradley County Regional Planning Commission voted Tuesday evening not to recommend to the Bradley County Commission changes to regulations governing private roads.

The County Commission asked the planning body to review private road ordinances based on a problem with tax notices. Although more than one resident might use a private road, tax notices are mailed only to the homeowner who has owned for the longest time a lot touching the private road. The rest of the homeowners do not get a notice. Sometimes taxes go unpaid on the road and it becomes delinquent property.

The computer program used by the tax assessor allows that office to send only one notice to property owners on a private road when there are less than six residences. The question of private roads came up in April when it was brought before the County Commission.

County Commissioner Mel Griffith said the issue is “a bureaucrat paper-shuffling problem. There is nothing wrong with private roads. The tax assessor’s computer will only send the tax bill to one person.”

He offered a motion to recommend making no changes to the private road regulations.

The motion passed by a 7-0 vote.

On a different agenda item, a request to rezone property was pulled for consideration after a neighboring property owner argued against the change by citing zoning standards.

A man representing Chris Townsend, who made the request, asked for the postponement to give him time to do some legwork in response to the argument. Townsend requested changing a .85-acre parcel at 2170 Dalton Pike from Forestry/Agriculture/Residential (FAR) to General Commercial District (C-2) for a convenience store or gas station. The current use of the property was listed as a dilapidated house. Based on the land use plan, which shows it suitable for commercial property, Bradley County Planner Bentley Thomas recommended the commission approve the request.

Charles Coppler, who lives on Roadway Drive, pointed out that based on county guidelines, runoff, setback requirements and buffering need to be addressed before commissioners approved the request.

The property is located on Roadway Drive S.E. and Lynn Drive S.E., where they intersect with Dalton Pike S.E. and Broomfield Road S.E. Coppler said based on a 1983 survey, the property line between the adjoining properties is 152 feet long and that is the widest part of the property.

He said based on county codes, the setbacks for corner lots should be 50 feet on all sides.

“If that is so, there is only 50 feet that is useable from where I am and the border of my property is the widest part. There are only 50 useable feet and I don’t see how you could fit a place in there,” Coppler said.

He said the previous owner created a runoff problem by raising the property about four feet above Coppler’s with fill dirt from Dalton Pike construction.

“When we have excessive amounts of rain, I’m getting runoff into my backyard,” Coppler said.

In addition, he pointed out a commercial business would require a buffer between the two properties.

“If this goes through, there are some needs that need to be taken care of first, and it needs to be stipulated by the commission in writing so the owner will be held responsible for the modifications,” Coppler said.

Griffith said the planning commission either approves or disapproves and cannot add stipulations or conditions to rezoning.

Thomas said he was aware the property contains a small buildable area and agreed with Coppler.

“We’re just looking at the land use, but in the future, they’re going to have to come back with a proposed building, the required setbacks and approval by environmentalists saying you can have septic and a stormwater plan as well,” Thomas said.

Coppler said field lines for the septic system would have to be placed under the concrete or in the right of way.

“Can you put field lines in the right of way?” he asked.

Thomas said the lines must be contained on the property.

The following agenda items were approved by unanimous votes:

n Preliminary and final plat approval for Dale Geren property on No Pone Road.

n Final plat approval for Hidden Springs Phase I.

n A request to rezone property at 4793 South Lee Highway from FAR to C-2.