Disposition Summary

Approve the request for 4 two-family dwellings (duplexes), subject to 7 conditions.

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Staff Recommendation

Approve the request for 4 two-family dwellings (duplexes), subject to 7 conditions.

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1) Meeting all applicable requirements of the City of Knoxville Zoning Ordinance, including but not limited to the principal use standards for two-family dwellings (Article 9.3.J).
2) Complying with the Hillside Protection Level II Certificate of Appropriateness (11-A-25-HPA), allowing up to 2.8 acres within the HP (Hillside Protection Overlay) zoning district, subject to one condition, that the limits of disturbance be clearly fenced to protect the "Critical Root Zone" of trees as defined in 14.1 of the Tree Protection Ordinance and subject to inspection before and during construction activities associated with this request.
3) Recording a subdivision plat that is in keeping with the lot layout shown on the development plan.
4) Obtaining any necessary permissions from the property owner of 4130 McKamey Rd to modify and realign the access easement to the existing access easement, and any necessary modifications to their driveway to connect to the new access easement.
5) Obtaining any necessary approvals from TVA to develop (driveway and stormwater infrastructure) in their easement.
6) Meeting all applicable requirements of the City of Knoxville Engineering Department, including but not limited to, the design of the driveway in the access easement.
7) Meeting all applicable requirements of the City of Knoxville Plans Review and Inspections Department.

With the noted conditions, this plan meets the requirements for approval in the RN-1 (Single-Family Residential Neighborhood) and HP (Hillside Protection Overlay) zoning districts and the criteria for approval of a special use.

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This proposal is for four duplexes (eight dwellings) in the RN-1 (Single-Family Residential Neighborhood) and HP (Hillside Protection Overlay) zoning districts. The 3.9-acre property will be subdivided into 4 lots, with access provided by an access easement. The existing house at 4130 McKamey Rd uses an access easement through the subject property and is one of the five lots that may use an access easement. If the property is further subdivided, the access easement must be improved to meet public road standards, as required by the Subdivision Regulations.

STANDARDS FOR EVALUATING A SPECIAL USE (ARTICLE 16.2.F.2)

1) THE USE IS CONSISTENT WITH ADOPTED PLANS AND POLICIES, INCLUDING THE GENERAL PLAN AND THE ONE-YEAR PLAN.
A. The land use classification for the subject property in the One Year Plan and the Northwest County Sector Plan is LDR (Low Density Residential) and HP (Hillside Protection). The LDR land use is intended for single-family detached dwellings and duplexes, and the HP land use identifies hillsides, ridges, and similar features that have a slope of 15 percent or more to protect. This request is consistent with the LDR designation and the Level II Hillside Protection Certificate of Appropriateness (11-A-25-HPA).
B. This Special Use is supported by the General Plan's Development Policy 9.3, to ensure that the context of new development, including scale and compatibility, does not impact existing neighborhoods and communities.
The proposed one-story duplexes are of similar scale and appearance to the other established homes in the area.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THIS ZONING CODE.
A. The RN-1 (Single-Family Residential Neighborhood) district permits consideration of duplexes by special use approval.
B. The lots meet the minimum lot size requirement of 15,000 sq ft in the RN-1 district. The site plans and building elevations conform to the other dimensional standards (Article 4.3) and the Principal Use Standards (Article 9.3.J) for duplexes. A subdivision plat would need to be recorded before any building permits could be issued since the RN-1 district does not allow multiple primary structures on one lot.
C. The Planning Commission approved the Hillside Protection Level II Certificate of Appropriateness to permit .19 acres of additional land disturbance in the HP area.

3) THE USE IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD WHERE IT IS PROPOSED, AND WITH THE SIZE AND LOCATION OF BUILDINGS IN THE VICINITY.
A. The proposed one-story duplexes are of similar scale and appearance to the other established homes in the area.

4) THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY OR BY NOISE, LIGHTS, FUMES, ODORS, VIBRATION, TRAFFIC, CONGESTION, OR OTHER IMPACTS DETRACT FROM THE IMMEDIATE ENVIRONMENT.
A. Two-family dwellings are considered low-density residential uses and are compatible with other residential uses in the vicinity.

5) THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS.
A. The proposed use is not expected to impact traffic on surrounding residential streets since it accesses McKamey Road, a major collector street.

6) THE NATURE OF DEVELOPMENT IN THE SURROUNDING AREA IS NOT SUCH AS TO POSE A POTENTIAL HAZARD TO THE PROPOSED USE OR TO CREATE AN UNDESIRABLE ENVIRONMENT FOR THE PROPOSED USE.
A. There are no known uses immediately surrounding the subject property that would pose a potential hazard or undesirable environment for the proposed use.