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Staff Recommendation

Staff recommends approval of this request for a Certificate of Appropriateness for a grading permit, subject to 3
conditions, and recommends the actions listed below on the required waivers from the Design Guidelines.

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WAIVER REQUEST RECOMMENDATIONS:
1) Increase the maximum disturbance area from 0.37 to 0.664 acres because most of the land in the HP area is below a 25% slope, the majority of the HP area within the TO zone has been previously disturbed, the proposed grading is supported by Knox County Engineering and Public Works, and buffers will be provided to protect the land around the stream.
2) Increase the land disturbance within the Hillside Protection area on slopes 25% or greater from 0% to 78.45% because the disturbance is outside stream buffers and invasive trees will be removed.

APPROVE WITH THE FOLLOWING 3 CONDITIONS:
1) Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
2) Meeting all applicable requirements of the Knox County Zoning Ordinance.
3) If during design plan 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 (MOU) 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 is a request for a grading plan for two parcels comprising 12 total acres on Lovell Road,
though only a portion of the site is in the TO (Technology Overlay) zone and under the purview
of the TTCDA. The total area within the TO under TTCDA review is approximately 7.1 acres. Of
that acreage, only 0.79 acres are within the Hillside Protection (HP) area. Most of this land is in
the 0-25% slope range, though there is a pocket of topography in the 25-40% range.

Approximately 50% of the HP area in the TO zone was disturbed, as is evident in the 1959 aerial
map (see waiver request and attachments). Planning considers disturbed areas to be exempt
from the HP guidelines since the intent of this section is to protect natural slopes, and in
previously disturbed cases, the natural slope has already been altered. The portion of the HP
area that has not been disturbed is subject to TTCDA regulations.

PURSUANT TO ARTICLE V, SECTION 2 OF THE TTCDA ADMINISTRATIVE RULES AND PROCEDURES,
THE DECISION OF THE TTCDA TO APPROVE REQUESTS FOR GRADING PERMIT CERTIFICATES OF
APPROPRIATENESS MUST BE BASED ON THE FOLLOWING CRITERIA:

CONFORMITY OF THE PROPOSAL WITH THE TENNESSEE TECHNOLOGY CORRIDOR DESIGN
GUIDELINES.
1. Some grading has already occurred stemming from the multifamily development along the
northern and western boundaries of the property. This is consistent with Section 1.2.1, which
keeps grading to a minimum during the development process.
2. The proposed grading plan is aligned with Section 1.2.2 which calls for grading to complement
natural landforms. The proposed grading would allow the stormwater to run in the same general
direction. For example, a natural depression in the land would remain. The proposed grading
smooths out the part of the site to be developed, with that part of the site sloping down to meet
the natural depression, further defining it as a means of stormwater mitigation. Additionally, silt
fencing will be provided around the required 60-ft stream buffers to protect water quality.
3. Section 1.2.3 prohibits any land disturbance until a Certificate of Appropriateness (COA) is
issued. Land disturbance is defined as grading or vegetation removal. Other than the grading for
the adjacent site, which has a COA, no grading has occurred.
4. Section 1.5 pertaining to open space calls to preserve areas for aesthetics and conservation.
Development in this area is not expected to impair any views since the site is lower than the
surrounding properties to the north and west. There is a blue line stream on the property, and
the water quality buffers will preserve a 60-ft wide area along the stream.
5. The applicant has noted the vegetation on the property includes Bradford pears and Osage
orange trees, which are invasive species. While a landscaping plan will not be reviewed until site
plans are submitted, Section 3.1.6 prohibits and calls for removing invasive species. Planning
finds that the plan provided has met the intent of the guidelines, which include the prevention
of erosion, preservation of vegetation, and preservation of scenic views.
6. As mentioned previously, part of the site is in the HP area. Section 1.12, Hillside and Ridgetop
Development, has specific requirements for HP (Hillside Protection) areas. Subsection 1.12.1.C
requires compliance with the Hillside and Ridgetop Protection Plan, which includes guidelines
for land disturbance. The recommended disturbance budget is 0.37 acres, and the applicant
requests to disturb 0.664 acres in the HP area. A waiver is required to exceed the maximum
disturbance recommended by the Guidelines. Approximately half of the HP area in the TO zone
has already been disturbed and therefore considered exempt; the other half is subject to TTCDA
regulations. Planning supports the requested waiver since most of the land in the HP area is
below a 25% slope, much of the HP area within the TO zone has been previously disturbed, the
proposed grading is supported by Knox County Engineering and Public Works, and buffers will be
provided to protect the land around the stream.
7. A second waiver is needed to increase the land disturbance of land with slopes 25% or greater
from 0% to 78.45% (0.091 acres). Staff supports the requested waiver because the disturbance is
outside stream buffers and invasive trees will be removed.

CONFORMITY OF THE PROPOSAL WITH THE KNOXVILLE-KNOX COUNTY MINIMUM SUBDIVISION
REGULATIONS AND EITHER THE KNOXVILLE ZONING ORDINANCE, OR THE KNOX COUNTY
ZONING ORDINANCE, AS APPROPRIATE.
1. This property is zoned CA (General Business) and TO (Technology Overlay) in Knox County.
The CA zone is for general retail business and services. The TO zone requires a grading plan and
building plan to be reviewed before any permits are issued. A building plan will have to be
returned to this body for review. Compliance with zoning requirements will be determined
during review of site plans.

EFFECT OF THE PROPOSAL ON THE SUBJECT PROPERTY, SURROUNDING PROPERTY AND THE
COMMUNITY AS A WHOLE.
1. This grading plan should not adversely affect any surrounding properties. Site plans show the
required stream buffers, and the plans must comply with Knox County and the Tennessee
Department of Environment and Conservation stormwater management plan requirements.

CONSISTENCY OF THE PROPOSAL WITH THE REQUIREMENTS OF KNOX COUNTY DEPARTMENTS,
AS APPROPRIATE.
1. Knox County Engineering staff has reviewed the project and found it to be in compliance with
engineering requirements, including those for stormwater.