Use On Review

2-H-08-UR

Approved as modified
by the Planning Commission

APPROVE the request for up to 194 attached and detached dwellings as shown on the development plan subject to 12 conditions


See case notes below

Details

Request

Property Info

Case Notes

What's next?

Details of Action

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1. Meeting all applicable requirements of the Knoxville Zoning Ordinance.
2. Meeting all applicable requirements of the Knoxville City Engineer.
3. Meeting all applicable requirements of the Knoxville City Arborist.
4. Connection to sanitary sewer and meeting any other relevant requirement of the Knox County Health Dept.
5. Installation of landscaping, including the tree buffer, as shown on the development plan within six months of the issuance of the first occupancy permit for this project.
6. Obtaining a street connection permit from the Tenn. Dept. of Transportation.
7. Upgrade the existing church driveway from Asheville Hwy. to the site so that it will meet the standards of a public street with regard to horizontal and vertical alignment. Improve the grade at the Asheville Hwy. entrance to be no more than 3%. Establish this driveway as a joint permanent easement.
8. Constructing and dedication of a cul de sac on the end of Eastburn Dr. that meets the current City standards. Constructing a gated entrance out of the cul de sac. This gate is to remain closed at all times and ingress and egress is limited to the residents of the senior housing project (staff, sales persons and potential buyers accompanied by staff or sales persons).
9. Prior to commencing any grading on this project, review and approval of a subdivision plat by MPC separating the 43.6 acre senior housing site from the remainder of the church campus. This plat will also establish a 40' wide joint permanent easement across the church property and note that all access will be via Asheville Hwy and the proposed easement.
10. A revised site plan must be submitted to MPC staff prior to issuance of any building or grading permits.
Two further conditions added by Planning Commission 2/14/2008:
11. The third access shall be installed prior to sale of the 101st unit.
12. Gates will remain closed at all times on all access points except the Asheville Highway entrance.
*13. Whenever the applicant sells the 101st unit, or three years from the date of the sale of the first dwelling unit, whichever occurs first, Eastburn Drive shall be open to only: 1) emergency traffic (fire, police, ambulance, etc.) and 2) applicants, sales personnel, outside agents, potential customers and staff accompanied by staff or sales persons.
*14. The original plan called for three 5-story mid-rise buildings. The mid-rise buildings shall be eliminated. The plan shall be amended to show that the units shall consist only of one to two story multi-family dwellings.

With the conditions noted, this plan meets the requirements for approval in the RP-1 District and the other criteria for approval of a use on review.

Applicant Request

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Property Information

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Location
North side of Asheville Hwy., East end of Eastburn Dr.,

Council District 6


Size
43.63 acres

Sector
East City

Land Use Designation? MDR (Medium Density Residential) & LDR (Low Density Residential)


Currently on the Property
Church, assisted living facility and vacant land

Growth Plan
Urban Growth Area (Inside City Limits)

Case Notes

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Staff Recommendation
APPROVE the request for up to 194 attached and detached dwellings as shown on the development plan subject to 10 conditions
1. Meeting all applicable requirements of the Knoxville Zoning Ordinance.
2. Meeting all applicable requirements of the Knoxville City Engineer.
3. Meeting all applicable requirements of the Knoxville City Arborist.
4. Connection to sanitary sewer and meeting any other relevant requirement of the Knox County Health Dept.
5. Installation of landscaping, including the tree buffer, as shown on the development plan within six months of the issuance of the first occupancy permit for this project.
6. Obtaining a street connection permit from the Tenn. Dept. of Transportation.
7. Upgrade the existing church driveway from Asheville Hwy. to the site so that it will meet the standards of a public street with regard to horizontal and vertical alignment. Improve the grade at the Asheville Hwy. entrance to be no more than 3%. Establish this driveway as a joint permanent easement.
8. Constructing and dedication of a cul de sac on the end of Eastburn Dr. that meets the current City standards. Constructing a gated entrance out of the cul de sac. This gate is to remain closed at all times and access being limited to the residents of the senior housing project
9. Prior to commencing any grading on this project, review and approval of a subdivision plat by MPC separating the 43.6 acre senior housing site from the remainder of the church campus. This plat will also establish a 40' wide joint permanent easement across the church property and note that all access will be via Asheville Hwy and the proposed easement.
10. A revised site plan must be submitted to MPC staff prior to issuance of any building or grading permits.

With the conditions noted, this plan meets the requirements for approval in the RP-1 District and the other criteria for approval of a use on review.
Disposition Summary
APPROVE the request for up to 194 attached and detached dwellings as shown on the development plan subject to 12 conditions
Details of Action
1. Meeting all applicable requirements of the Knoxville Zoning Ordinance.
2. Meeting all applicable requirements of the Knoxville City Engineer.
3. Meeting all applicable requirements of the Knoxville City Arborist.
4. Connection to sanitary sewer and meeting any other relevant requirement of the Knox County Health Dept.
5. Installation of landscaping, including the tree buffer, as shown on the development plan within six months of the issuance of the first occupancy permit for this project.
6. Obtaining a street connection permit from the Tenn. Dept. of Transportation.
7. Upgrade the existing church driveway from Asheville Hwy. to the site so that it will meet the standards of a public street with regard to horizontal and vertical alignment. Improve the grade at the Asheville Hwy. entrance to be no more than 3%. Establish this driveway as a joint permanent easement.
8. Constructing and dedication of a cul de sac on the end of Eastburn Dr. that meets the current City standards. Constructing a gated entrance out of the cul de sac. This gate is to remain closed at all times and ingress and egress is limited to the residents of the senior housing project (staff, sales persons and potential buyers accompanied by staff or sales persons).
9. Prior to commencing any grading on this project, review and approval of a subdivision plat by MPC separating the 43.6 acre senior housing site from the remainder of the church campus. This plat will also establish a 40' wide joint permanent easement across the church property and note that all access will be via Asheville Hwy and the proposed easement.
10. A revised site plan must be submitted to MPC staff prior to issuance of any building or grading permits.
Two further conditions added by Planning Commission 2/14/2008:
11. The third access shall be installed prior to sale of the 101st unit.
12. Gates will remain closed at all times on all access points except the Asheville Highway entrance.
*13. Whenever the applicant sells the 101st unit, or three years from the date of the sale of the first dwelling unit, whichever occurs first, Eastburn Drive shall be open to only: 1) emergency traffic (fire, police, ambulance, etc.) and 2) applicants, sales personnel, outside agents, potential customers and staff accompanied by staff or sales persons.
*14. The original plan called for three 5-story mid-rise buildings. The mid-rise buildings shall be eliminated. The plan shall be amended to show that the units shall consist only of one to two story multi-family dwellings.

With the conditions noted, this plan meets the requirements for approval in the RP-1 District and the other criteria for approval of a use on review.

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.
After the Planning Commission
Because of its location in the City, appeals will be heard by Knoxville City Council.
Knoxville City Council
March 25, 2008
Appeal by: February 29, 2008
April 22, 2008
Appeal by: February 29, 2008

The appeal deadline - February 29, 2008 - has passed.

The Process
Applicant

The Village at Chilhowee Hills


Case History