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Council approves first reading to rezone 1408 Sanhise Drive despite neighbor soil and drainage concerns
Summary
The council passed the first reading of Ordinance 12-39 to rezone 1408 Sanhise Drive from commercial to residential for a duplex. Neighbors raised contamination and drainage concerns; staff and the city attorney said lenders typically require environmental assessments and that rezoning cannot impose a soil‑sampling requirement as a condition.
The East Ridge City Council passed the first reading of Ordinance 12-39 on Feb. 26 to rezone 1408 Sanhise Drive (Tax Map 169K-J-209) from C-2 general commercial to R-2 residential for construction of a duplex.
Planner Mister Howell explained the proposal and told council that Ace Engineering’s stormwater assessment determined existing stormwater infrastructure can accommodate the development’s additional runoff. Neighbors at the meeting questioned soil contamination and whether the city could require core soil sampling before permitting construction.
The applicant’s representative said topsoil removal for footings was expected and that building protocols and lender requirements typically handle remediation. City Attorney Litchford advised the council that rezoning is limited to use restrictions; a condition requiring soil core sampling as part of rezoning is not generally allowable. Litchford and other staff explained that lenders commonly require phase‑1 environmental assessments and that certain site histories would trigger a phase‑2 sampling requirement and remediation as a lender or regulatory condition.
Neighbors noted historical use of the lot for wrecked cars and possible leaks. Planning staff and the applicant said the proposed residential use aims to remove a commercial storage/vehicle use from the neighborhood and improve site conditions.
On roll call for the first reading the council recorded Vice Mayor Tyler and Council members Ezell and Witt and Mayor Williams voting yes and Council member Cagle voting no; Ordinance 12-39 passed its first reading. The measure will return for any required later actions in the zoning process.
The meeting record shows staff will follow existing building-code and county permitting procedures for soil testing and remediation where triggered by lender, regulatory or building‑inspection processes rather than by a rezoning condition.
