Use On Review

4-B-26-UR

Approved with Conditions

Approve the request for three duplexes in the RA (Low Density residential) zone, subject to 6 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
0 CATE RD

West side of Cate Rd, north of Cades Bend Way

Commission District 6


Size
1.86 acres

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

Currently on the Property
Rural Residential

Growth Plan
Planned Growth Area

Fire Department / District
Karns Fire Department

Case Notes

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Disposition Summary
Approve the request for three duplexes in the RA (Low Density residential) zone, subject to 6 conditions.
Staff Recommendation
Approve the request for three duplexes in the RA (Low Density residential) zone, subject to 6 conditions.
1. Meeting all applicable requirements of the Knox County Zoning Ordinance.
2. Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
3. Subdividing the property into separate lots as shown on the site plan and meeting all applicable requirements of the platting process and Subdivision Regulations.
4. Including the southern property (parcel 066 08701) in the proposed access easement to ensure adequate sight distance, if deemed necessary by the Engineering and Public Works Department during the platting process.
5. Preserving a 50-ft tree buffer where canopy exists along the eastern and southern lot lines, per the rezoning condition (6-G-25-RZ), and installing a fence of at least 3'-6" in height along the western boundary of the buffer area, as depicted in the site plan.
6. If during plat approval or construction of the development, it is discovered that unforeseen off-site improvements within the right-of-way are necessary as caused by this development, the developer will either enter into a Memorandum of Understanding with the County for these improvements or reimburse the County for their direct expenses (if completed by County crews) to make corrections deemed necessary.
This request is for three duplexes on individual lots on a proposed 3-lot subdivision in the RA zone. A plat application is currently under review, and the 1.61-acre property must be subdivided before the building permit phase. The proposed subdivision will be served by a 25-ft-wide access easement with a single access point at Cate Road. Conceptual illustrations show that the one-story duplexes will be 18 ft tall, and each unit will have two bedrooms.

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 with the SR (Suburban Residential) place type and is in the HP (Hillside Protection) area. Attached dwellings are considered a secondary use in the SR (Suburban Residential) place type of the property, and the proposal is consistent with the SR area's intent to provide a range of lot sizes and housing size and styles, including some small-scale attached dwellings.
B. The SR place type encourages duplexes that have the scale of a single-family home and specifies a maximum building height of 2 stories and setbacks of 20-30 ft. The proposed 1-story duplexes have an approximate building footprint of 2,800 sf, comparable with the range of nearby houses.
C. The property is entirely within the HP (Hillside Protection) area with steep slopes along the rear portion that exceed 25%. The front half of the lot has been cleared previously, and a 50-ft tree preservation buffer is provided along the eastern boundary to mitigate additional disturbance on the property.
D. The proposed tree preservation is supported by the Comprehensive Plan's Implementation Policy 7, to encourage development practices that conserve and connect natural features and habitat. The development is also consistent with Policy 2, to ensure that development is sensitive to existing community character. The area has a mix of detached and attached dwelling units, and the proposed duplexes are compatible with the surrounding development.
E. The proposed development is compatible with the subject property's location in the Planned Growth Area of the Growth Policy Plan, which encourages a reasonably compact pattern of development offering a wide range of housing choices.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE.
A. The RA zone is intended to provide for residential areas with low population densities. The proposed duplexes are permitted via the Use on Review process. The proposed lots meet the minimum lot size requirement of 12,000 sf for a duplex in the RA zone.
B. The front two duplexes face Cate Road, while the rear structure utilizes the access easement to determine its front yard. The site plan and elevations as provided conform to the dimensional standards of the RA zone (Article 5.11.04 - 5.11.11) and off-street parking requirements (Article 3.50 - 3.51).
C. The rezoning of this property (6-G-25-RZ) was approved with a condition that a 50' tree buffer shall be preserved where canopy exists along the eastern and southern lot lines, as shown in Exhibit B. The development proposes a tree preservation area, partially bounded by fences to separate it from the backyards of the eastern duplexes.

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. The proposed duplexes are compatible with nearby detached dwellings and the attached condominium development to the east. The proposed 1-story structures are comparable in size and scale with the nearby one- and two-story residential structures.

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 proposed duplexes are considered low-density residential uses and are compatible with other residential developments in the area. The proposed tree preservation area will provide a buffer between this development and the condominium development to the east.

5) THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS.
A. The proposed development will share one driveway off Cate Road, a minor collector street. Three duplexes would be a minor increase in density for the area and would not significantly impact traffic on any residential streets.
B. Although there is a blind hill to the west, the Knox County Engineering and Public Works Department has approved the sight distance certification as provided by the applicant.

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 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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As a Use On Review case, the Planning Commission's decision is final, and it will not be heard by a legislative body unless it is appealed.
The Process
Applicant

Wade Lovin


Case History