Staff recommends approval of this request for a Certificate of Appropriateness for a grading permit, subject to three conditions:

1) Installation of a vegetated landscape buffer strip 15 ft in width, "Type A" landscape screen per the Knox County Zoning Ordinance, along the rear portion of the property adjacent to residences.
2) Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
3) Meeting all applicable requirements of the Knox County Zoning Ordinance.

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Details of Action

Staff recommends approval of this request for a Certificate of Appropriateness for a grading permit, subject to three conditions:

1) Installation of a vegetated landscape buffer strip 15 ft in width, "Type A" landscape screen per the Knox County Zoning Ordinance, along the rear portion of the property adjacent to residences.
2) Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
3) Meeting all applicable requirements of the Knox County Zoning Ordinance.

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Staff Recommendation

Staff recommends approval of this request for a Certificate of Appropriateness for a grading permit, subject to three conditions:

1) Installation of a vegetated landscape buffer strip 25 ft in width along the rear portion of the property adjacent to residences,with the exception of a more narrow strip as 17 ft in width adjacent to addresses 1152 & 1148 Lovell View Dr, which was previously approved.
2) Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
3) Meeting all applicable requirements of the Knox County Zoning Ordinance.

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This is a request for a new grading plan on Corridor Park Boulevard. The project site consists of two parcels directly across from the northern terminus of Innovation Drive. A grading plan was previously approved by this board in April 2023 (Case # 4-A-23-TOG). Since then, the project has received a Notice of Violation from Knox County Codes for grading outside of the approved limits of disturbance.

The majority of the site previously consisted of topography with less than 15% slope, though there were some slopes with 15-25% grade and a small ridge with 25-40% in the middle of the site. The previous grading plan proposed to smooth the center of the site and create a steeper slope at the rear of the site.

PURSUANT TO ARTICLE V, SECTION 2 OF THE TTCDA ADMINISTRATIVE RULES AND PROCEDURES, THE DECISION OF THE TTCDA TO APPROVE REQUESTS FOR GRADING PERMIT CERTIFICATES OF APPROPRIATENESS MUST BE BASED ON THE FOLLOWING CRITERIA:

A. CONFORMITY OF THE PROPOSAL WITH THE TENNESSEE TECHNOLOGY CORRIDOR DESIGN GUIDELINES.
1. The previously approved plan indicated that a vegetated buffer area would remain along the rear shared property line with single family houses. It depicted a depth as wide as 90 ft and as narrow as 17 ft, the latter being on the northern property line abutting two residential lots. This vegetated area was quite dense and would have provided a landscape buffer between the site and adjacent residences.
2. The grading that has occurred was not consistent with what was approved. The newly graded area is shown in the revised site plan. The limits of disturbance between the previously approved plan and the revised plans are markedly different. The revised plans show the buffer area as narrow as 5 ft and as wide as 12 ft adjacent to residential properties.
3. The site was approved to be graded, but not to the degree it was. Very little of the site's vegetation has been preserved. The grading that has occurred, and the buffer area on the revised landscape plans, do not conform with the TTCDA guidelines.
a. Section 1.2.3 of the TTCDA Guidelines states that, "Except for purposes of surveying and
core drilling to gather geologic and soil data, and to allow for minimum road access,
property in the Technology Overlay shall not be disturbed prior to the issuance of a
Certificate of Appropriateness (for grading or building) and any other permit that may be
required by the city or the county regarding the disturbance and/or restoration of land.
Land disturbance shall include any grading or vegetation removal."
b. Section 1.2.1 states that grading and site preparation should be kept to a minimum
during the development process.
c. Section 3.1.3 states that existing vegetation on a site should be preserved as much as
possible.
3. The TTCDA Guidelines also provide an option for new landscaping to used in conjunction with preservation. Section 1.5.5.A states that new landscaping should be used in addition to any preserved vegetation to buffer residential development from new non-residential development. The existing dense vegetation along the northern property line should be preserved as much as possible. Planning recommends a 25-ft non-disturb area, or other dense landscaping in lieu of preservation in specific areas if landscaping cannot be preserved.

B. CONFORMITY OF THE PROPOSAL WITH THE KNOXVILLE-KNOX COUNTY MINIMUM SUBDIVISION REGULATIONS AND EITHER THE KNOXVILLE ZONING ORDINANCE, OR THE KNOX COUNTY ZONING ORDINANCE, AS APPROPRIATE.
1. This property is zoned BP (Business and Technology Park) / TO (Technology Overlay). There is a 75' peripheral setback for buildings in in the BP zone, which is clearly marked. Along the rear property line, however, the TTCDA setback of 100 ft will apply since the property abuts residential properties.
2. Article 4.10.11 of the Knox County Zoning Code requires a "Type A - Dense" landscape screen a minimum of 15 ft in depth on commercial or industrial properties when they are adjacent to residential properties (See Exhibit A).
3. The applicant does not wish to replat the property, so the Subdivision Regulations are not applicable.

C. EFFECT OF THE PROPOSAL ON THE SUBJECT PROPERTY, SURROUNDING PROPERTY AND THE COMMUNITY AS A WHOLE.
1. Staff recommends a reforestation plan to provide a 25-ft vegetated buffer along the rear portion of the property that is adjacent to residences. It can be as narrow as 17 ft in width adjacent to addresses 1152 & 1148 Lovell View Dr, which was previously approved. This recommendation is wider than the 15 ft minimum in the Knox County Zoning Code because the BP zone allows more intense uses and heavier truck traffic. Staff believes a wider buffer than the standard 15 ft would be appropriate given the nature of the uses along Corridor Park Boulevard. If this is to be an office-warehouse, which is typical of this area, the facility would be served by large trucks. The buffer would provide a visual buffer and would help mitigate fumes and sound to some degree.
2. The subject property sits at a lower elevation than the residential properties behind it (1050 FFE vs 1010 FFE), so a tree buffer along the property line would go a long way towards screening the view of the future development.

D. CONSISTENCY OF THE PROPOSAL WITH THE REQUIREMENTS OF KNOX COUNTY DEPARTMENTS, AS APPROPRIATE.
1. Knox County has issued a Notice of Violation for clearing the property without proper approvals given that the graded area was not consistent with what had been approved by the TTCDA.