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Staff Recommendation

Approve the applicant's Level II Certificate of Appropriateness request to exceed the 2,137.9 sq ft disturbance budget with 2,202 sq ft of total disturbance on parcel 107FF02005 at 810 Hollywood Road, subject to 2 conditions.

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1. A tree survey shall be submitted identifying the location and diameter of trees to be preserved outside of the approved disturbance area.
2. The limits of disturbance will be clearly fenced to protect the Critical Root Zone (defined in Section 14-1 of the Tree Protection Ordinance) of preserved trees, and subject to inspection before and during construction activities by the City of Knoxville Landscape Reviewer.

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BACKGROUND: The Hillside and Ridgetop Protection Plan was adopted by the City of Knoxville in 2011 to provide the vision and means for protecting hillsides and hillside development while minimizing offsite environmental damage. The basis for the plan stems from a recognition that forested ridges and hillsides are a defining characteristic of the region's natural heritage and a primary contributor to maintaining long term property values, clean air and water, and wildlife protection.
The plan is codified in Knoxville's Zoning Ordinance through Articles 8.9 and 16.8, which provide the regulatory framework and enforcement procedures for maintaining the HP Overlay District. Article 8.9 describes standards for how the overlay is to be applied, and it delineates disturbance limitations based on the steepness of slopes. Disturbance is defined in the Hillside and Ridgetop Protection Plan as, "any activity that results in a change in existing soil, topography, or vegetation." Article 16.8 describes how disturbance limitations are enforced via a Certificate of Appropriateness (COA), which is administered by Planning staff. However, if a COA request requires a deviation from the applicability and/or disturbance standards of Article 8.9, the Planning Commission will evaluate whether the request is to be approved, approved with conditions, or denied, per Article 16.8.B.4.d.
This codified enforcement of the Hillside and Ridgetop Protection Plan is supported by multiple Development Policies in the adopted General Plan:

• Policy 3.5: Conserve the natural assets that make this region attractive and enhance quality of life.

• Policy 6.2: Compliment natural landforms when grading and minimize grading on steep slopes and within floodways.

• Policy 6.3: Encourage development in areas with the fewest environmental constraints.

• Policy 6.10: Develop a metropolitan forestry program to conserve and reestablish trees and woodlands.

• Policy 7.2: Protect water resources by reducing pollution and retaining trees and ground cover on ridges and near streams, rivers, lakes and sinkholes.

• Policy 9.2: Encourage development practices that respect and fit the natural landscape, minimizing the loss of trees, woodlands and wildlife habitat.

STAFF ANALYSIS:
The subject property was part of a larger rezoning along Hollywood Road from RN-1 (Single-Family Residential Neighborhood) to RN-2 (Single-Family Residential Neighborhood) in 2024 (9-A-24-RZ). The property was subsequently subdivided according to RN-2 dimensional standards, and now the applicant is requesting a Level II Hillside Protection Certificate of Appropriateness to exceed the disturbance budget on this 8,515 square foot lot for the development of a single-family home.
The lot has not been previously disturbed and is comprised of large, mature trees on slopes exceeding 25%. There is apparent sediment runoff along the eastern side of Hollywood Road around the subject property that may be correlated to the recent construction of several single-family homes on steep-sloped properties of Hollywood Road and Apex Drive that were part of that broader RN-2 rezoning (see Exhibit B). City Engineering may enforce additional Erosion Prevention and Sediment Control (EPSC) measures in this area if it is deemed necessary.
Approval of this modest, 64 square foot increase in the maximum disturbance budget will enable the development of a small single-family home. The recommended conditions for approval are intended to minimize additional off-site environmental damage in the area and support enforcement of the approved disturbance budget.