Use On Review

8-A-23-UR

Approved as Modified

Approve three duplexes, one on each lot, subject to 10 conditions.


See case notes below

Details

Request

Property Info

Case Notes

What's next?

Details of Action

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Approve three duplexes, one on each lot, subject to 10 conditions.

Applicant Request

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Property Information

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Location
2330 BELT RD

East side of Belt Road, northeast of Ginn Drive

Commission District 9


Size
1.16 acres

Place Type Designation
LDR (Low Density Residential)

Currently on the Property
Single Family Residential

Growth Plan
Urban Growth Area (Outside City Limits)

Case Notes

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Disposition Summary
Approve three duplexes, one on each lot, subject to 10 conditions.
Details of Action
Approve three duplexes, one on each lot, subject to 10 conditions.
Staff Recommendation
Approve the request for one duplex on lots 2 and 3 only, two duplexes total, subject to 10 conditions.
1) Connection to sanitary sewer and meeting any other relevant requirements of the utility provider.
2) Establishing a Shared Permanent Access Easement (SPAE) through 2324 Belt Road (parcel 122OF023). Lots 2 and 3 shall only have vehicular access via a driveway constructed in the SPAE.
3) Provide a minimum of 25 ft of frontage on the Shared Permanent Access Easement for lot 3.
4) If a duplex is approved on lot 1 as requested, vehicular access must be provided via the Shared Permanent Access Easement and the connection to the shared driveway on 2336 Belt Road (parcel 122OF02107) must be removed.
5) Providing access for 2324 Belt Road (parcel 122OF023) via the Shared Permanent Access Easement or obtaining a waiver from Knox County Engineering and Public Works to allow access via the existing driveway to Belt Road, per Section 3.03.D.2. of the Knoxville-Knox County Subdivision Regulations.
6) In no case shall a vehicular connection between the existing shared driveway on 2336 Belt Road (parcel 122OF02107) and the proposed Shared Permanent Access Easement, either paved or unpaved, be permissible without approval from the Planning Commission.
7) Provide a turnaround at the end of the Shared Permanent Access Easement, if required by Knox County Engineering and Public Works and Knox County Fire Prevention Bureau during permit review.
8) Amending the setbacks for lots 2 and 3 to be consistent with lot 1. The front setback (southwest lot line) and rear setback (northeast lot line) are parallel to Belt Road, and the side setbacks are perpendicular to Belt Road.
9) Meeting all applicable requirements of the Knox County Zoning Ordinance.
10) Meeting all applicable requirements of Knox County Engineering & Public Works.

With the conditions noted, this plan meets the requirements for approval in the RA zoning district and the criteria for approval of a use on review.
The applicant requests approval for three new two-story duplex structures on 1.16 acres in the RA (Low Density Residential) zoning district. This results in a density of 5.17 du/ac, which exceeds the maximum density of 5 du/ac in the LDR (Low Density Residential) sector plan designation. Staff recommends approving the duplexes on lots 2 and 3 only. If a single-family house is constructed on lot 1, the density will be 4.3 du/ac. The RA zone requires a minimum 12,000 sqft lot size for a duplex, which the proposed lots meet.

The proposed access for lots 2 and 3 is via a Shared Permanent Access Easement (SPAE) through 2324 Belt Road (parcel 122OF023). The proposed access for lot 1 is via the existing permanent access easement across 2336 Belt Road (parcel 122OF02107). If the proposed duplex on lot 1 is approved, staff recommends that access to lot 1 be provided via the SPAE. The property that the SPAE crosses (2324 Belt Road) was formerly owned by the applicant and sold in May 2023. A portion of that property was added to the subject property in April 2013. The current property owner agrees to allow the SPAE to cross the property. An unplatted non-exclusive permanent access easement was established across the lot in May 2023, however, this does not meet the access standards of the subdivision regulations.

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 THE ADOPTED PLANS AND POLICIES, INCLUDING THE GENERAL PLAN AND SECTOR PLAN.
A. If approved as recommended, the proposal is consistent with the LDR (Low Density Residential) land use classification in the South County Sector Plan, which allows consideration of up to 5 du/ac. The density for the three duplexes is 5.17 du/ac. As recommended, the density is 4.3 du/ac.
B. The site is located within the Urban Growth area on the Knoxville-Knox County-Farragut Growth Policy Plan map.
C. General Plan, Development Policies:
a) Policy 8.1 -- Develop "infill" housing on vacant lots and redevelopment parcels. Infill housing should be compatible with neighboring residences in scale, design, and site layout. - NOTE: The duplexes are two stories tall and have a total footprint of approximately 1,700 sqft, similar to a single-family house.
B) Policy 8.3 -- Focus on design quality and neighborhood compatibility in reviewing development proposals. - NOTE: The architectural design includes pitched roofs with front-facing gables, front porches, and horizontal lap siding and board and batten siding.
C) Policy 9.3 -- Ensure that the context of new development, including scale and compatibility, does not impact existing neighborhoods and communities. - NOTE: If a duplex is constructed on lot 1, as proposed, it will be located between two single-family houses that are not associated with the applicant. The two duplexes that are recommended for approval are located behind a single-family house that was previously owned by the applicant and the current owner is agreeable to modifying the access easement through the property to allow the creation of the duplex lots.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE
A. The RA (Low Density Residential) zone is intended to provide for residential areas with low population densities. The proposed lots meet the minimum lot size for a duplex of 12,000 square feet in the RA zone.

3) THE USE IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD WHERE IT IS PROPOSED, AND WITH THE SIZE AND LOCATION OF BUILDINGS IN THE VICINITY.
A. The surrounding area is characterized by single-family residential uses on varying lot sizes, generally between 14,000 sqft (.32 acres) and 75,000 sqft (1.7 acres).
B. The subject neighborhood features one- and two-story houses. The proposed duplex will be compatible in height, scale, and placement on the lot with the surrounding area.

4) THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY.
A. The proposed duplex is considered a low-density residential use and is compatible with other low-density residential uses.

5) THE USE WILL NOT DRAW ADDITIONAL TRAFFIC THROUGH RESIDENTIAL AREAS.
A. A duplex would be a minor increase in density for the area and would not significantly impact traffic on surrounding 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. There are no known uses immediately surrounding the subject site that would pose a potential hazard or undesirable environment for the proposed use.

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 appeal deadline - October 14, 2023 - has passed.

The Process
Applicant

Amy Sherrill


Case History