Use On Review

5-A-26-UR

Planning Staff Recommendation

Approve the request for a 5-unit attached dwelling in the RB (General Residential) zone, subject to 7 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
3098 E GOVERNOR JOHN SEVIER HWY

East side of E Governor John Sevier Hwy, southwest of Thorn Grove Pike

Commission District 9


Size
16,682 square feet

Place Type Designation
CMU (Corridor Mixed-use)

Currently on the Property
Agriculture/Forestry/Vacant Land

Growth Plan
Planned Growth Area

Fire Department / District
Rural Metro Fire

Case Notes

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Disposition Summary
Approve the request for a 5-unit attached dwelling in the RB (General Residential) zone, subject to 7 conditions.
Staff Recommendation
Approve the request for a 5-unit attached dwelling in the RB (General Residential) zone, subject to 7 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, including, but not limited to, applying for General Aquatic Resource Alteration Permits (GARAP) with TDEC to mitigate a potential wetland.
3. Meeting all applicable requirements of the Tennessee Department of Transportation.
4. Connecting to sanitary sewer and meeting other relevant utility provider requirements.
5. Installing a continuous row of evergreen shrubs along the front property line, with a minimum height of 2 ft at maturity.
6. The maximum height of the attached dwellings shall not exceed 36 ft.
7. 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 a 5-unit, 2-story townhouse on a 0.38-acre lot, yielding a density of 13.16 du/ac. The RB zone requires use-on-review approval for multi-dwelling structures and developments at a density of 12 to 24 du/ac. The lot is part of an existing townhouse subdivision along E Governor John Sevier Highway, with 5 other lots each accommodating a 4-unit townhouse.

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 CMU (Corridor Mixed-Use) place type in the Comprehensive Plan, which recommends attached dwellings as a secondary use in this area. The proposed development is consistent with the CMU place type's recommended building height of 2-5 stories and setbacks of 20-30 ft.
B. Although the design of the proposed structure differs from the existing townhouses, the proposed use is consistent with the Comprehensive Plan's Implementation Policy 2, to ensure that development is sensitive to existing community character.
C. The proposed development is supported by the East County Community Plan, which identifies E Governor John Sevier Highway as a Development Corridor.
D. The proposed development is also 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.
E. The recommended condition for installing shrubs along the property's front is consistent with the Governor John Sevier Scenic Highway Corridor Study's recommendation to screen parking lots of multi-family residential projects. The subject property is fairly small and was created prior to the corridor study. The proposed location of the structure aligns with the other townhouse structures in this development. The corridor study recommends a 50-ft landscape screen, but there is limited space between the parking lot and the right-of-way, so larger plants may not be feasible.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE.
A. The RB zone is intended to provide for medium population density with principal uses of land ranging from houses to multi-dwelling structures or developments. The RB zone requires use-on-review approval for multi-dwelling structures and developments at a density of 12 to 24 du/ac.
B. The proposed development is consistent with the intent of the zoning ordinance. The site plan and elevations as provided conform to the dimensional standards of the RB zone (Article 5.12.05 - 5.12.10) and off-street parking requirements (Article 3.50 - 3.51).
C. Article 5.12.11 specifies that the height of multi-dwelling structures approved as a use-on-review shall be determined by the Planning Commission. Staff recommends a maximum building height of 36 ft, consistent with the maximum height for houses and duplexes in the RB zone.

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. This segment of E Governor John Sevier Highway is predominantly characterized by nonresidential uses, including commercial, light industrial, office, and warehousing and wholesale uses. The proposed 2-story attached dwellings are compatible with adjacent townhouses to the north and comparable in size and scale with the existing 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 townhouse structure is not expected to adversely impact any nearby properties. The recommended condition to incorporate a landscape screen in front of the parking lot will enhance the area's aesthetics.

5) THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS.
A. The proposed structure will use the existing driveway system of the townhouse subdivision off of E Governor John Sevier Highway and will not impact traffic on any residential streets.

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. Although the property is located along a nonresidential corridor involving some industrial uses, no hazards are anticipated for an addition to the existing townhouse development. The abutting southern property, currently used by a foundation repair company, is separated by an existing fence and some vegetation, and the use does not produce any noxious odors or noise.

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

Tyler Stinnett


Case History