Staff Recommendation

APPROVE Final Plat

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This Final Plat was originally submitted to MPC on 9/20/2004 (10-SV-04-F/Welwyn Green). It was postponed at the 10/14/2004 MPC meeting. It was then denied at the 11/10/2004 MPC meeting. An Appeal of Decision was filed on 11/12/2004 by the property owners. City Council denied the appeal at the 12/07/2004 meeting.

The Final Plat was resubmitted to MPC (1-SD-05-F/Lot 13, Cartref) on 12/08/2004. It was approved at the 1/13/2005 MPC meeting. An Appeal of Decision was filed on 1/25/2005 by the opposing neighborhood?s representative. The appeal to City Council was postponed at the 3/01/2005 City Council meeting. On 3/15/2005 City Council voted to refer the Final Plat back to the MPC for clarification on procedural issues regarding the MPC's voting action at the 1/13/2005 meeting.

The three main issues that had been raised at both the Planning Commission and City Council meetings included sight distance, pavement width of the Joint Permanent Easement (JPE) and use of double frontage lots. The revised plat has not changed the configuration of the lots.

While Planning Commission Staff had questioned the availability of a required sight distance of 300' at the location of the JPE, a letter had been provided to Staff from two of the applicant's engineers that certifies that the required site distance exists for the subdivision. The applicant's surveyor has also conducted an instrument verification and has documented that the required sight distance exists. The applicant has revised the final plat by adding the statement that a 20' pavement width will be provided for the JPE turnaround. The applicant will have to provide the Knoxville Engineering Division with revised drawings for the pavement width (this is not required prior to final plat approval). The Minimum Subdivision Regulation provision regarding double frontage lots (Section 64-25) states that double frontage lots shall be avoided. It does not prohibit their use. The plat still includes the use of double frontage lots.

It is still Planning Commission Staff's position that this final plat meets all requirements for approval.

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Disposition Summary

DENY Final Plat