Development Plan

Planning Commission

9-G-24-DP

Approved with conditions
by the Planning Commission

Approve the development plan for up to 4 attached houses and a reduction of the peripheral setback along the eastern boundary from 35 ft to 20 ft, subject to 6 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
9817 DUTCHTOWN RD

North side of Dutchtown Rd, west of Bob Kirby Rd

Commission District 3


Size
0.96 acres

Place Type Designation
CMU (Corridor Mixed-use)

Currently on the Property
Single Family Residential

Growth Plan
Planned Growth Area

Fire Department / District
Rural Metro Fire

Case Notes

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Disposition Summary
Approve the development plan for up to 4 attached houses and a reduction of the peripheral setback along the eastern boundary from 35 ft to 20 ft, subject to 6 conditions.
Staff Recommendation
Approve the development plan for up to 4 attached houses and a reduction of the peripheral setback along the eastern boundary from 35 ft to 20 ft, subject to 6 conditions.
1) Meeting all applicable requirements of the Knox County Zoning Ordinance.
2) Meeting all requirements of the Knox County Department of Engineering and Public Works.
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 an 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.
4) The maximum height of the attached dwellings shall be 35 feet.
5) Providing a type 'B' landscape screen to the rear of the dwelling units along the eastern boundary (see Exhibit B).
6) The peripheral setback for all external boundary lines of the subject property shall be 35 feet unless otherwise approved by the Planning Commission.

With the conditions noted, this plan meets the requirements for approval in the PR (Planned Residential) district and the criteria for approval of a development plan.
This proposal is for 4 attached houses on a single lot (multi-dwelling development) and shares a driveway with the associated application for 8 attached houses on the adjacent property to the west (9-E-24-DP). These two developments are separate applications because they have separate ownership and they intend to keep the two properties separate.

The subject site was rezoned from A (Agricultural) to PR (Planned Residential) < 5 du/ac in February 2023 (1-M-23-RZ). The associated property was rezoned from A to PR < 5 du/ac in March 2022 (2-B-22-RZ).

DEVELOPMENT PLAN ANALYSIS PER ARTICLE 6, SECTION 6.50.06 (APPROVAL OR DENIAL)
In the exercise of its administrative judgment, the Planning Commission shall determine if the proposed plan is in harmony with the general purpose and intent of the zoning ordinance and adopted plans.

1) ZONING ORDINANCE
PR (Planned Residential) up to 5 du/ac:
A) The PR zone allows houses, attached houses, and multi-dwelling developments as permitted uses. The administrative procedures for the PR zone require the Planning Commission to approve the development plan before permits can be issued (Article 5, Section 5.13.15).
B) This PR zone district is approved for a maximum of 5 du/ac. The proposed density is 4.2 du/ac.
C) The maximum height is determined by the Planning Commission for any use other than houses and duplexes. Staff recommends a maximum height of 35 ft for the attached houses, which is consistent with the maximum height allowed on surrounding properties.
D) The peripheral setback is 35 ft, however, the planning commission may reduce it to 15 ft when the adjacent property is zoned agricultural or residential. The applicant is requesting a peripheral setback of 20 ft along all exterior lot lines except along the Dutchtown Road frontage. Staff recommends approval of the 20 ft peripheral setback along the eastern boundary only because the setback reduction along the northern and western boundary are unnecessary.

2) KNOX COUNTY COMPREHENSIVE PLAN - IMPLEMENTATION POLICIES
A) Screening is recommended along the eastern boundary behind the proposed structures, consistent with Policy 2, to ensure that development is sensitive to existing community character.
B) The proposal adds attached housing to the area's housing mix, consistent with Policy 5, to create neighborhoods with a variety of housing types and amenities in close proximity. There is a large employment center to the west along Pellissippi Parkway, and an employment center and commercial services to the east along Cedar Bluff Road.
C) The site is located in an area with existing infrastructure that supports the proposal, consistent with Policy 6, to promote attainable housing that meets the needs of the current and future residents, and Policy 9, to focus growth in areas already served by adequate infrastructure.

3) FUTURE LAND USE MAP
A) The property is classified as the CMU (Corridor Mixed-Use) place type. CMU areas are appropriate for moderate-scale, walkable mixed-use development occurring along major corridors. These areas may incorporate office, retail, civic, residential, and community gathering spaces both vertically and horizontally and shall provide connectivity to nearby neighborhoods. - With the recommended conditions, this proposal is consistent with the intent of the CMU place type by providing residential uses.
B) Attached residential is considered a secondary use in the CMU place type. Secondary uses are supporting or complementary land uses that are compatible with the primary use but are not the main focus of the place type. -- The CMU place type designation surrounding this property is a small area extending to the Bob Kirby Road intersection to the east, consisting of vacant land and single-family residential. Nonresidential uses are more appropriate at the Bob Kirby Road intersection. The proposed attached houses complement the existing uses in this location and is appropriate at the edge of the CMU place type area.
C) The CMU form attributes include building heights between 2 and 5 stories, front setbacks of 20-30 ft, automobiles as a secondary mode of transportation, parking located to the side and rear of buildings, and streets promoting walkable settings. - This proposal includes 2-story structures with pitched roofs and parking located in garages and in driveways to the side of the structures.
D) The CMU place type allows consideration of PR up to 24 du/ac. The proposed development has a density of 4.2 du/ac.

4) KNOXVILLE - FARRAGUT - KNOX COUNTY GROWTH POLICY PLAN
A) The property is within the Planned Growth Area (PGA). The purposes of the PGA designation are to encourage a reasonably compact pattern of development, promote the expansion of the Knox County economy, offer a wide range of housing choices, and coordinate the actions of the public and private sectors, particularly with regard to the provision of adequate roads, utilities, schools, drainage and other public facilities and services. The proposed development meets the relevant standards of the Growth Policy Plan.
B) With the recommended conditions, this proposal is consistent with the Growth Policy Plan.

What's next?

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After the Planning Commission
Planning Commission decisions on Development Plans (DP) are final unless appealed.

Appeals can be filed with the Knox County Board of Zoning Appeals (BZA) or a court of competent jurisdiction within 30 days of the Planning Commission's decision (Knox County, Tennessee Code of Ordinances, Appendix A, Zoning, 6.50.08).

Applicant

Thomas Wilson, Jennifer Wilson


Case History