Use On Review

5-B-26-UR

Planning Staff Recommendation

Approve the request for a duplex in the RA (Low Density residential) zone as depicted on the site plan, 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
7620 RIO GRANDE DR

Northeast side of Rio Grande Dr, northwest of W Emory Rd

Commission District 6


Size
0.95 acres

Place Type Designation
TN (Traditional Neighborhood)

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 duplex in the RA (Low Density residential) zone as depicted on the site plan, subject to 4 conditions.
Staff Recommendation
Approve the request for a duplex in the RA (Low Density residential) zone as depicted on the site plan, subject to 4 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. Before obtaining a building permit for a second primary structure on the parcel, 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. 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 duplex on a proposed 2-lot subdivision in the RA zone. The duplex is proposed on a flag lot of approximately 20,700 sf (Lot 2-R2-R2, 26,720 sf with the flag stem), and a house is contemplated for the front lot with an approximate size of 14,440 sf (Lot 2-R2-R1). The RA zone does not allow two principal structures on the same lot, so the parcel must be subdivided before a second structure is built. Each unit of the one-story duplex will have two bedrooms. There is an existing barn on the parcel that will remain.

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 TN (Traditional Neighborhood) place type, which lists attached dwellings as a primary use. The proposed development is consistent with the TN place type's recommended building height of 1-3 stories. The place type encourages consistent setbacks of 0-20 ft within a block, which is not applicable for a flag lot.
B. The development is consistent with the Comprehensive Plan's Implementation 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 duplex is compatible with the surrounding development.
C. The proposed duplex 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.

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 duplex is permitted via the use on review process.
B. The proposed lot meets the minimum lot size requirement of 12,000 sf for a duplex in the RA zone. The site plan and elevations as provided conform to the dimensional standards of the RA zone (Articles 5.11.04 - 5.11.11) and off-street parking requirements (Articles 3.50 - 3.51).

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 duplex is compatible with nearby detached dwellings and the attached condominium development to the east. The proposed 1-story structure is 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 duplex is considered a low-density residential use and is compatible with other residential developments in the area.

5) THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS.
A. Two dwelling units would be a minor increase in density for the area and would not significantly impact traffic on any residential streets. The property is only 440 ft away from a major arterial street, W Emory Road.

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 duplex.
B. There is a detention pond on the adjacent northern parcel (Lot 2-R1 on the site plan). Any house on Lot 2-R2-R1 must be built with a minimum floor elevation (MFE) of 998 ft, and this shall be reviewed by the Knox County Engineering Department when a building permit application is submitted for the house.

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

Rick Harbin/Harbin CDS


Case History