Disposition Summary

Approve the request for an attached dwelling development of up to 39 dwelling units as shown in the development plan, and a reduction of the minimum required peripheral setback along the western and eastern property boundaries from 35 ft to 20 ft for principal structures, subject to 11 conditions.

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Staff Recommendation

Approve the request for an attached dwelling development of up to 39 dwelling units as shown in the development plan, and a reduction of the minimum required peripheral setback along the western and eastern property boundaries from 35 ft to 20 ft for principal structures, subject to 11 conditions.

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1. Before building permits are issued, verifying the acreage of the property via a final plat or a survey by a licensed surveyor to ensure that the density of the development shall not exceed 11 du/ac.
2. Installing a Type 'C' landscape screen along the southern boundary of the development and posting a bond to ensure the landscaping remains healthy for at least one year, as required by the condition of the PR(k) zone (file 11-J-23-RZ). The plants must be native evergreen trees suitable for planting within the stream buffer. The plant species and the installation spacing must be approved by the Knox County Engineering and Public Works Department before grading permits are issued.
3. The healthy, mature trees to be retained along the southern peripheral boundary must be located and labeled on the landscape plan, including their size (diameter at breast height) and species. Install high-visibility tree protection fencing before clearing and grading activities begin and maintain it until site and building construction are complete.
4. Providing necessary stream buffering as required by the Knox County Department of Engineering and Public Works during the permitting phase.
5. Conducting additional environmental studies for each building pad, as recommended in the Phase 2 Environmental Site Assessment, subject to review by the Knox County Department of Engineering and Public Works, prior to obtaining a building permit. All recommendations of the study shall be implemented prior to permit issuance.
6. Connecting to sanitary sewer and meeting other relevant utility provider requirements.
7. The maximum height of the attached dwellings shall be 2 stories.
8. Providing architectural blocks, not plain face CMU blocks, on any retaining walls facing adjacent properties. Elevation drawings of the retaining walls, including height measurements and proposed materials, shall be submitted to Planning staff for review and approval during the permitting phase.
9. Meeting all applicable requirements of the Knox County Zoning Ordinance.
10. Meeting all requirements of the Knox County Department of Engineering and Public Works.
11. If during plat approval or construction of the development, it is discovered that unforeseen off-site improvements within the right-of-way are necessary, 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.

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This request is for a 39-unit attached dwelling development on a 3.63-acre parcel. The units are distributed among eleven 2-story buildings: seven 4-unit townhouses, three 3-unit townhouses, and one duplex. The property was recently rezoned to PR(k) with a density of up to 11 du/ac with the following conditions (file 11-J-25-RZ).
1. Submitting a Phase 1 Environmental Assessment to the Tennessee Department of Environment and Conservation (TDEC) for review and adhering to all TDEC requirements stemming from that assessment before a development plan is reviewed by the Planning Commission.
2. Conducting a stream assessment for review by the Knox County Department of Engineering and Public Works (EPW) to determine whether stream buffering is required before a development plan is reviewed by the Planning Commission.
3. Installation of a Type C landscape screen to include evergreen trees on the southern border of the property.
4. The developer must post a bond to ensure the landscaping is healthy for one year so as not to disturb the grading and homebuilding.

DEVELOPMENT PLAN ANALYSIS PER ARTICLE 6, SECTION 6.50.06 (APPROVAL OR DENIAL)
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) ZONING ORDINANCE
PR(k) (Planned Residential, with conditions) with up to 11 du/ac:
A. The PR zone allows attached dwellings as a permitted use. The administrative procedures for the PR zone require the Planning Commission to approve the development plan before permits can be issued (Article 5, Section 5.13.15).
B. With an approximate acreage of 3.63 acres, 39 dwelling units will result in a density of 10.83 du/ac, which is consistent with the maximum allowed density of 11 du/ac. Staff recommends a condition to verify the density via a survey.
C. The applicant has conducted Phase 1 and Phase 2 Environmental Site Assessments, and submitted a stream assessment to EPW and TDEC, satisfying rezoning conditions 1 and 2. The site plan shows a 60' stream buffer; however, this is subject to change and shall be reviewed during the design plan phase.
D. A Type C landscape screen of native evergreen trees shall be installed along the southern boundary, and a bond shall be posted to ensure the landscaping remains healthy for at least one year, as required by conditions 3 and 4 of the rezoning.
E. The proposed site plan meets the applicable setback requirements for attached dwelling units. The applicant is requesting a peripheral setback of 20 ft along the eastern and western boundaries. Staff recommends approval of the reduction, as the property is narrow in shape and townhouses would be compatible with the adjacent existing developments. The proposed porches may extend into the yard areas in accordance with Article 3.20.02.
F. Article 5.13.12 stipulates that the height of multi-dwelling structures shall be determined by the Planning Commission. Staff recommends a maximum building height of 2 stories, consistent with the surrounding residential structures.

2) KNOX COUNTY COMPREHENSIVE PLAN - FUTURE LAND USE MAP
A. The property is mostly designated with the SMR (Suburban Mixed Residential) place type, except for a section along Middlebrook Pike, which is classified as CMU (Corridor Mixed-Use). Ten of the eleven buildings are proposed within the SMR place type, which lists attached dwellings as a primary use. The CMU place type also recommends attached residential developments as a secondary use.
B. The SMR place type calls for a mix of housing types, including small-scale multifamily housing. The place type specifies a building height maximum of 3 stories and a front setback of 20-30 ft, and stipulates that multiplexes and townhouses have the scale of a single-family home. The proposed 2-story attached dwellings have approximate footprints of 1,650 sq ft for the duplex, 2,475 sq ft for the 3-unit townhouse, and 3,300 sq ft for the 4-unit townhouse. The proposal is compatible with the range of housing forms in the area.
C. The property also includes SP (Stream Protection) and HP (Hillside Ridgetop Protection) areas. The SP area aligns with the 500-ft FEMA Floodplain. Required stream buffering for the floodplain shall be reviewed during the permitting phase, as stipulated in condition 4. Approximately 1.39 acres of the property fall within the HP area. The slope analysis (Exhibit B) recommends a maximum disturbance budget of 0.66 acres (47.3% of the HP area). Although the development disturbs most of the HP area, a significant portion of land outside the HP area will remain undisturbed, primarily along the front of the property near Middlebrook Pike and along the rear boundary line.

3) KNOX COUNTY COMPREHENSIVE PLAN - IMPLEMENTATION POLICIES
A. Ensure that development is sensitive to existing community character. (Implementation Policy 2) - Attached dwellings would be compatible with the range of housing forms in the area, including the multifamily development to the east. Per the condition of rezoning, the applicant shall provide a Type C landscape screening along the southern boundary to provide a visual buffer for the abutting single-family subdivision.
B. Create neighborhoods with a variety of housing types and amenities in close proximity. (Policy 5) - The proposed development is consistent with the variety of housing types in the area and is supported by a community-serving commercial node 0.50 miles to the west and sidewalk connections to the Cedar Bluff elementary and middle schools.

4) KNOXVILLE - FARRAGUT - KNOX COUNTY GROWTH POLICY PLAN
A. The property is within the Planned Growth Area. The purposes of the Planned Growth Area designation are to encourage a reasonably compact pattern of development, promote the expansion of the Knox County economy, offer a wide range of housing choices, and coordinate the actions of the public and private sectors, particularly with regard to the provision of adequate roads, utilities, schools, drainage and other public facilities and services. This development is in alignment with these goals.