Use On Review

11-D-25-UR

Approved with Conditions

Approve the request for 3 duplexes, as shown in the development plan, subject to 4 conditions.


See case notes below

Request

Property Info

Case Notes

What's next?

Applicant Request

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Subdivision
Lots
0

Property Information

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Location
120 KIMBERLIN HEIGHTS RD

East side of Kimberlin Heights Rd, northeast of Chapman Hwy

Commission District 9


Size
1.81 acres

Place Type Designation
SR (Suburban Residential), HP (Hillside Ridgetop Protection)

Currently on the Property
Public/Quasi Public Land (church)

Growth Plan
Planned Growth Area

Fire Department / District
Seymour Volunteer Fire Department

Case Notes

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Disposition Summary
Approve the request for 3 duplexes, as shown in the development plan, subject to 4 conditions.
Staff Recommendation
Approve the request for 3 duplexes, as shown in the development plan, subject to 4 conditions.
1. If during design plan approval or construction of the development, it is discovered that unforeseen off-site improvements within the right-of-way are necessary as caused by the development, the developer will either enter into a memorandum of understanding (MOU) with the County for these improvements or reimburse the County for their direct expenses (if completed by County crews) to make corrections deemed necessary.
2. Preserving trees within 10 ft of the northern property line.
3. Meeting all applicable requirements of the Knox County zoning ordinance.
4. Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.

With the conditions noted, this plan meets the requirements for approval in the RA (Low Density Residential) district and the other general criteria for approval of a Use on Review.
The development consists of 3 duplexes on individual lots utilizing the same driveway. The subject property consists of 2 lots that are proposed to be re-subdivided to create 3 lots. One lot is being created in front of the existing church building (closer to the road), and the rear lot has a lot line that cuts through the existing house that is being relocated to allow compliance with setback requirements. The lot closest to the road is adding a new duplex building. The existing church on the middle lot be would converted into a duplex and the exterior will not change. The existing single family residence in the rear lot would be a conversion adding an additional unit on to an existing house. Elevations and floor plans have not been provided, but this unit would not be visible from the street.

DEVELOPMENT STANDARDS FOR USES PERMITTED ON REVIEW (ARTICLE 4.10, SECTION 2)
The planning commission, in the exercise of its administrative judgment, shall be guided by adopted plans and policies, including the general plan and the following general standards:

1) THE USE IS CONSISTENT WITH ADOPTED PLANS AND POLICIES, INCLUDING THE COMPREHENSIVE PLAN OF KNOX COUNTY.
A. The property is designated as the SR (Suburban Residential) and HP (Hillside Protection). Suburban Residential areas may feature a range of lot sizes and housing size and styles, including some small-scale attached dwellings. The application of HP disturbance limits is considered exempt when the site has been previously disturbed, as is the case here.
B. The proposed infill development of duplexes is consistent with the Comprehensive Plan's Implementation Policy 6 to promote attainable housing that meets the needs of future and current residents.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE.
A. The RA zone is intended to provide residential areas with low population densities. The proposed duplexes are permitted through the Use on Review process.
B. The minimum lot area for a duplex is 12,000 sq ft when sewer is available. The entire site is 1.8 acres. The plat will be required to meet the zoning standards for lot sizes.
C. The allowable maximum height for primary structures is 3 stories or 35 ft. The proposed duplex structures are 1-2 stories.

3) THE USE IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD WHERE IT IS PROPOSED, AND WITH THE SIZE AND LOCATIONS OF BUILDINGS IN THE VICINITY.
A. Development in this area is predominantly single-family houses comprised of one or two stories. The new duplex and converted structures would be 1-2 stories. Condition 2 retains the mature vegetation along the northern property line.

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

5) THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS.
A. Traffic volume in this neighborhood will not be substantially increased as a result of the proposed apartment. Each duplex lot must contain 2 parking spaces on the lot, which is consistent with the zoning ordinance.

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 other known uses in the area that could be a potential hazard or create an undesirable environment for the proposed residential use.

What's next?

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Final Plat appeals will be heard by the Planning Commission.
Appeals of Concept Plans and Final Plats are filed with Chancery CourtThe Process
Applicant

Shannon Schneider


Case History