Disposition Summary

Deny variances 1 & 2 to reduce the minimum sight distance for new lots because it will create a unsafe condition, as recommended by Knox County Engineering and Public Works.

Deny the request to remove condition #1 from the concept plan approval 10-SB-14-C because the site does not have safe access to Nubbin Ridge Road.

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Staff Recommendation

Deny variances 1 & 2 to reduce the minimum sight distance for new lots because it will create a unsafe condition, as recommended by Knox County Engineering and Public Works.

Deny the request to remove condition #1 from the concept plan approval 10-SB-14-C because the site does not have safe access to Nubbin Ridge Road.

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Section 3.04.J.6.b. of the Subdivision Regulations requires that any new lot meet the same minimum sight distance as intersections. The minimum sight distance is ten (10) times the posted speed limit, but in no case shall it be less than 250 ft. Nubbin Ridge Road has a speed limit of 30 mph, so the minimum sight distance is 300 ft. The 250 ft minimum sight distance is a standard regardless of the speed limit. A road with a 15 mph speed limit is still required to have a minimum sight distance of 250 ft. If a speed study is performed and it concludes that the average speed is greater than the posted speed limit, then the average speed is used to determine the minimum sight distance. If the average speed on Nubbin Ridge Rd is greater than 30 mph, then the minimum sight distance will be greater than 300 ft. A speed study on Nubbin Ridge Rd is not planned at this time.

The subject site was part of the same property as the Penrose Terrace subdivision on the west side of Nubbin Ridge Rd. During the concept plan review, it was recognized that this remnant piece of land on the east side of Nubbin Ridge Rd is not buildable. Condition #1 states, "Place a note on the final plat that the portion of the site located on the east side of Nubbin Ridge Road is unbuildable unless combined with other property." When the Penrose Terrace subdivision was platted, the subject property was not included on the plat even though it was required because it is less than 5 acres in size. Therefore, the required note was also not added to the plat.

In addition, staff expressed concern with the sight distance for the Penrose Terrace subdivision even though it is better situated being on the outside of the curves to the south and north in Nubbin Ridge Rd. The following is quoted from the concept plan staff report (10-SB-14-C):

"The applicant has had a surveyor perform the necessary work to establish what is believed to be the minimum required sight distance of 300' in each direction at the subdivision entrance. However, staff is still concerned about the proposed entrance to this development. Due to the excessive travel speeds and the curvature of Nubbin Ridge Rd., staff will require the applicant to partially construct the entrance and recheck the sight distance prior to issuing a grading permit for the entire site. Additionally, staff will require the applicant to improve the grade of Road A at the proposed entrance and maintain a line of sight easement across the frontage lots, and will not permit any additional access from this project to Nubbin Ridge Rd."

(UPDATED 3/8/2023) The subject property is on the inside of the curves to the north and south, and does not have frontage through those curves to be able to clear and grade to obtain the minimum 300 ft of sight distance. At the proposed driveway location, the applicants surveyor determined a minimum of 250 ft of sight distance is available in both directions, however, the line of sight does slightly cross over the adjacent properties in both directions. The County can only clear vegetation in the public right-of-way. If the applicant was able to obtain sight distance easements through adjacent properties to clear and grade to increase sight distance, it will be up to the private property owner to ensure those sight lines remain clear of obstruction. This puts the public at risk if it is not properly maintain over time.

(UPDATED 3/8/2023) NOTE: The sight distance provided on the plan must be revised to correct the starting point of the sight distance measurement. The plan has the starting point 16 ft from the edge of the roadway, but it is required to be 15 ft from the edge of the roadway. This will slightly improve the line of sight, but not increase the available sight distance that remains entirely within the right-of-way, and does not require sight distance easements from adjacent property owners.