Use On Review

9-B-13-UR

Recommended for approval
by the Planning Commission

APPROVE the development plan for a marina with up to 75 dock slips and 141 dry storage stalls, three detached residential lots and a multi-dwelling development with up to 312 apartment units, subject to 20 conditions.


See case notes below

Details

Request

Property Info

Case Notes

What's next?

Details of Action

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Approved staff with elimination of east dry storage area.

Applicant Request

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Property Information

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Location
909 Emory Church Rd

Northeast and southwest sides of Emory Church Rd. and I-140, north of Henderson Ln.

Commission District 5
Census Tract 57.03


Size
111.86 acres

Sector
Southwest County

Land Use Designation? LDR & SLPA/HP


Currently on the Property
Vacant land

Growth Plan
Planned Growth Area & Urban Growth Area

Case Notes

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Staff Recommendation
APPROVE the development plan for a marina with up to 75 dock slips and 233 dry storage stalls, three detached residential lots and a multi-dwelling development with up to 312 apartment units, subject to 20 conditions.
1. Obtaining approval from Knox County Commission for the rezoning of the property to PR (Planned Residential) at a density of up to 5 du/ac. Any changes to the density or possible conditions of approval of the rezoning request will require a re-evaluation by Planning Commission staff of the use on review approval to determine if any changes to the development plan will be required.
2. Connecting the development to sanitary sewer, as well as meeting other applicable requirements of the Knox County Health Department.
3. Provision of street names which are consistent with the Uniform Street Naming and Addressing system Ordinance (Ord. 91-1-102).
4. The 500' sight distance easement through the curve of Emory Church Rd., as identified on sheet C3.2 for the North Boat Yard, shall be maintained and kept clear of any obstructions to the line of sight through the curve.
5. Installing all landscaping, as shown on the landscape plan, within six months of issuance of occupancy permits for the project, and posting a bond with the Knox County Department of Engineering and Public Works, to guarantee such installation. Landscaping shall not interfere with sight visibility requirements at street and driveway intersections.
6. Obtaining the variances for the reduction in the parking stall size and allowing the use of gravel for the required parking for the dry storage stalls from the Knox County Board of Zoning Appeals.
7. Contributing 50% of the cost for the design, right-of-way acquisition and construction of the additional storage needed for the southbound right turn lane on Emory Church Road as identified in the Traffic Impact Study for Westland Cove prepared by Ajax Engineering. This work will be done as part of the initial phase of the Westland Cove project.
8. Providing a 5 year bond (or other form of approved surety) for 50% of the design, right-of-way acquisition and construction of a traffic signal at the intersection of Westland Drive and Emory Church Road. The Knox County Department of Engineering and Public Works will provide the follow up studies to confirm the need for a traffic signal once the Tennessee Department of Transportation?s (TDOT) construction of the improvements at the Westland Drive/Pellissippi Parkway interchange are completed.
9. Providing a 5 year bond (or other form of approved surety) for 100% the design, right-of-way acquisition and construction of the additional storage needed for the eastbound left turn from Westland Drive as identified in the Traffic Impact Study for Westland Cove prepared by Ajax Engineering. The Knox County Department of Engineering and Public Works will provide the follow up studies to confirm the need for the amount of the additional storage once TDOT?s construction of the improvements at the Westland Drive/Pellissippi Parkway interchange are completed.
10. Installation of pedestrian activated flashers (4 in all) at the two proposed crosswalks on Emory Church Road. Appropriate Manual on Uniform Traffic Control Devices (MUTCD) signage will be required as part of the design plan.
11. Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
12. Meeting all applicable requirements of the Knox County Fire Marshal.
13. Meeting all requirements and obtaining all required permits from the Tennessee Valley Authority and other Federal or State agencies for the marina development.
14. Fuel dispensing is not approved for this marina site.
15. Prior to any clearing or grading for the west apartments, a tree survey shall be completed for the southern boundary of the property for a depth of 35', starting at the southwest corner and extending 520' to the east. The survey shall identify all trees with an 8" or larger diameter at breast height, also identifying the extent of the tree canopy for those trees. The survey shall be submitted to Planning Commission staff for their approval of the final grading limits along that property line.
16. Meeting the height restrictions of the Scenic Highway Act.
17. Placing the areas within the west and east apartment sites that are identified as undisturbed areas (approximately 17.4 acres) into conservation easements. The easement documents shall be presented to Planning Commission staff for approval as to form and content prior to recording with the Knox County Register of Deeds. The easement documents shall be recorded prior to any occupancy permit being issued for the apartments. (Recommended condition of the PR rezoning application, 9-A-13-RZ.)
18. Prior to the issuance of any building permit, providing a survey for the entire property that identifies the land area (with an acreage calculation) that is above the 820 contour. This survey will verify the land area that is available for density calculation. The survey shall also identify the area referenced in condition 17 above that will be included in the conservation easement.
19. Working with the Knox County Parks and Recreation Department on providing a greenway easement for public access across the tract on the west of Pellissippi Parkway on the south side of the cove. (Recommended condition of the PR rezoning application, 9-A-13-RZ.) This tract (approximately 16.3 acres) shall remain undisturbed until such time as a use on review approval is granted for a specific use under available density.
20. Meeting all applicable requirements of the Knox County Zoning Ordinance.

With the conditions noted, this plan meets the requirements for approval in the PR (Planned Residential), A (Agricultural) & F (Floodway) zones and the other criteria for approval of a Use on Review.
Disposition Summary
APPROVE the development plan for a marina with up to 75 dock slips and 141 dry storage stalls, three detached residential lots and a multi-dwelling development with up to 312 apartment units, subject to 20 conditions.
Details of Action
Approved staff with elimination of east dry storage area.

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 - December 14, 2013 - has passed.

The Process
Applicant

Huber Properties / Clear Water Partners, LLC


Case History