Development Plan

Planning Commission

11-F-23-DP

Approved with Conditions

Approve the development plan for 3 single family residential homes, subject to 4 conditions.


See case notes below

Request

Property Info

Case Notes

What's next?

Applicant Request

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Property Information

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Location
7717 FREEWAY HEIGHTS DR

West side of Freeway Heights Dr, north of Charmwood Way

Commission District 7


Size
1.86 acres

Place Type Designation
LDR (Low Density Residential), HP (Hillside Protection)

Currently on the Property
Agriculture/forestry/vacant land, single family residential

Growth Plan
Planned Growth Area

Case Notes

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Disposition Summary
Approve the development plan for 3 single family residential homes, subject to 4 conditions.
Staff Recommendation
Approve the development plan for 3 single family residential homes, subject to 4 conditions.
1) Provide legal access to parcels 028OC014 and 028OC013 consistent with the Subdivision Regulations section 3.03, which would require a final plat prior to applying for building permits.
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.
4) The peripheral setback along Freeway Heights Drive shall remain 35-ft.

With the noted conditions, and the approval of the peripheral setback as noted in the staff report, this plan meets the requirements for approval of the PR (Planned Residential) up to 2 du/ac zone district and the criteria for approval of a development plan review.
The applicant is proposing 3 single family residential homes on approximately 27,442 square foot lots. The lots will be accessed off of Freeway Heights Drive, which would need a shared permanent access easement to provide legal access, per section 3.03.D of the Subdivision Regulations a plat would be required to create the easement.

There are two encroachments on parcel number 028OC013. However, these are pre-existing and not created by this proposal. This may be a mapping error in KGIS that would need clarification when applying for a final plat to record the shared permanent access easement (SPAE).

The area regulations for the PR zone state that all buildings shall be set back from the peripheral boundary by no less than 35 ft, unless the lot is adjacent to certain zones such as the A (Agricultural), and RA (Low Density Residential) zones, in which case the Planning Commission may reduce the peripheral setback to no less than 15 ft. The development plan mainly adheres to the 35-ft periphery boundary except for the following three places: northwest property line on parcels 028OC005, and 028OC014, and along the southeast property line of parcel 028OC013 where it is reduced it to no less than 15 ft. The adjacent zones are RA and A, so the Planning Commission may grant this reduction. Staff recommends maintaining the 35-ft peripheral boundary along Freeway Heights Drive.

DEVELOPMENT PLAN ANALYSIS PER ARTICLE 6, SECTION 6.50.06
In the exercise of its administrative judgment, the Planning Commission shall determine if the proposed plan is in harmony with the general purpose and intent of the zoning ordinance and adopted plans.

1) THE PROPOSED USE IS CONSISTENT WITH THE ADOPTED PLANS AND POLICIES, INCLUDING THE GENERAL PLAN AND SECTOR PLAN.
A. The North County Sector Plan recommends LDR (Low Density Residential) uses for the site. This proposal is consistent with the LDR land use.
B. The proposed development plan within the PR zone is consistent with the North County Sector Plan's LDR (Low Density Residential) land use designation, which recommends residential uses with densities up to 5 du/ac in the County's Planned Growth Areas.
C. The proposed development aligns with Section 9.3 of the General Plan, which ensures that the context of new development, including scale and compatibility, does not impact existing neighborhoods and communities.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE.
A. The PR (Planned Residential) zone is intended to provide optional methods of residential land development. The density proposed by this proposal is below the PR zone density of up to 2 du/ac for this property.

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 single family housing development is consistent with the densities of the surrounding neighborhood.

What's next?

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Planning Commission decisions on Development Plans (DP) are final unless appealed.

Appeals can be filed with the Knox County Board of Zoning Appeals (BZA) or a court of competent jurisdiction within 30 days of the Planning Commission's decision (Knox County, Tennessee Code of Ordinances, Appendix A, Zoning, 6.50.08).

Applicant

Garry Burke


Case History