Disposition Summary

Tabled

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Staff Recommendation

Postpone the Development Plan for up to 4 townhomes to allow time for additional review and revisions. There are concerns with safety at the driveway locations in the current layout, and the required Certificate of Appropriateness for grading and building in the Technology Overlay zone has not been approved.

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This proposal is the second phase of the Evergreen Manor townhome development (6-SB-24-C/6-E-26-DP) on Bob Gray Road east of Pellissippi Parkway, which is currently under construction. This proposal would add 4 lots at the entry to the development and a peripheral setback reduction along Bob Gray Road. This brings the total number to 89 lots at a density of 9.01 du/ac.

SLOPE AND SAFETY ISSUES
The front of the property on Bob Gray Road includes 2.56 acres within the Hillside Protection (HP) Area, and the new townhomes are proposed in the HP area along a 15% sloped public road. Because the road has such steep grades, it has a guardrail on the opposite side of the street from the proposed development that extends from Bob Gray Road to a point approximately 450 ft into the development. The angle and degree of slope position the driveway of each lot so drivers must look under or over the rail in each direction to see the road sufficiently, prompting safety concerns.

TECHNOLOGY OVERLAY
Additionally, the property is in the TO (Technology Overlay) zone. The TO zone is subject to the Tennessee Technology Corridor Design Authority (TTCDA) Guidelines. Review of applications in the TO zone was redirected to Planning staff when the TTCDA board was disbanded.

The TTCDA guidelines have requirements for properties within HP areas that are separate from the Hillside and Ridgetop Protection Plan's recommendations for properties in HP areas. The previous, approved concept plan designated this part of the property in the HP area as common area and noted it was to remain undisturbed except for the proposed landscaping along the road and the western property line adjacent to Highvue Acres subdivision. The previous approval proposed to disturb 1.67 acres, which was over the recommended disturbance budget of 1.2 acres as determined by the slope analysis. The TTCDA approved a waiver for that increase to allow for the construction of the entry road, which is listed as a reason for exception within the Guidelines. Planning does not support additional waivers to further increase land disturbance at this location.

In addition to the road construction, more land disturbance occurred than what was shown on the approved grading plan, according to 2025 aerial imagery. This plan proposes to remove the landscaping along the entrance and disturb an additional 9,556 sq ft within the HP area. No new landscaping or reforestation is proposed, though the Type B landscape buffer that was approved in the previous concept plan along the western property line remains in place.

The guidelines provide a waiver option for applicants who cannot meet the regulations. The TTCDA Guidelines state that waivers may be granted when "strict application would be infeasible and the objectives of the Authority and the general public health, safety, and welfare would not be adversely affected."

As mentioned previously, Planning does not support the waivers requesting to disturb and develop additional property within the HP area. Planning recommends postponement of this request to allow the TO zone review to continue, as the result could significantly change the site plans, which could prompt the need for a new DP. Postponement allows the review process to occur in full before this body hears the request.