Minutes - archive.knoxmpc.orgarchive.knoxmpc.org/aboutmpc/minutes/sep02min.pdf · Southeast side of...

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The Metropolitan Planning Commission met in regular session on September 12, 2002 at 1:30 p.m. in the Main Assembly Room, City/County Building, Knoxville, Tennessee. Members present at roll call were: Mr. Philip French, Chair Mr. Stephen Lewis Mr. Rusty Baksa Ms. Jennifer Martella Mr. Trey Benefield Mr. Randy Massey Ms. Susan Brown ** Ms. Mary Parker Slack Mr. Herbert Donaldson Mr. Larry Smith Ms. Mamosa Foster Ms. Jean Teague Mr. Richard Graf Ms. Patsy Vittetoe * Arrived late to the meeting. ** Left early in meeting. 1. ROLL CALL Ms. Vi Whitmire called the role. 2 INVOCATION Ms. Susan Brown the invocation. 3 PLEDGE OF ALLEGIANCE Ms. Susan Brown led the Pledge of Allegiance. 4. APPROVAL OF MINUTES OF PREVIOUS MEETING DATED AUGUST 8, 2002. MOTION (BROWN) AND SECOND (SLACK) WERE MADE TO APPROVE THE MINUTES OF THE PREVIOUS MEETING DATED AUGUST 8, 2002. MOTION CARRIED 14-0. MINUTES APPROVED. 5. APPROVAL OF AGENDA MOTION (TEAGUE) AND SECOND (FOSTER) WERE MADE TO APPROVE THE AGENDA. MOTION CARRIED 14-0. AGENDA APPROVED. 6. REQUEST FOR POSTPONEMENTS, WITHDRAWALS AND TABLINGS Minutes September 12, 2002 1:30 P.M. F Main Assembly Room F City County Building

Transcript of Minutes - archive.knoxmpc.orgarchive.knoxmpc.org/aboutmpc/minutes/sep02min.pdf · Southeast side of...

Page 1: Minutes - archive.knoxmpc.orgarchive.knoxmpc.org/aboutmpc/minutes/sep02min.pdf · Southeast side of Hickory Creek Rd, south of West Gallaher Ferry Rd., Commission District 6 P 4-V6-02

The Metropolitan Planning Commission met in regular session on September 12, 2002 at 1:30p.m. in the Main Assembly Room, City/County Building, Knoxville, Tennessee. Memberspresent at roll call were:

Mr. Philip French, Chair Mr. Stephen LewisMr. Rusty Baksa Ms. Jennifer MartellaMr. Trey Benefield Mr. Randy MasseyMs. Susan Brown ** Ms. Mary Parker SlackMr. Herbert Donaldson Mr. Larry SmithMs. Mamosa Foster Ms. Jean TeagueMr. Richard Graf Ms. Patsy Vittetoe

* Arrived late to the meeting.** Left early in meeting.

1. ROLL CALL

Ms. Vi Whitmire called the role.

2 INVOCATION

Ms. Susan Brown the invocation.

3 PLEDGE OF ALLEGIANCE

Ms. Susan Brown led the Pledge of Allegiance.

4. APPROVAL OF MINUTES OF PREVIOUS MEETING DATED AUGUST 8, 2002.

MOTION (BROWN) AND SECOND (SLACK) WERE MADE TO APPROVE THE MINUTES OFTHE PREVIOUS MEETING DATED AUGUST 8, 2002. MOTION CARRIED 14-0. MINUTESAPPROVED.

5. APPROVAL OF AGENDA

MOTION (TEAGUE) AND SECOND (FOSTER) WERE MADE TO APPROVE THE AGENDA.MOTION CARRIED 14-0. AGENDA APPROVED.

6. REQUEST FOR POSTPONEMENTS, WITHDRAWALS AND TABLINGS

M i n u t e sSeptember 12, 20021:30 P.M. F Main Assembly Room F City County Building

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MPC Minutes September 12, 2002 Page 2

Automatic Postponements (as provided for in Article XII, Section 1.B of MPC’s AdministrativeRules and Procedures which allows automatic postponements when the request is received by3:30 p.m. on the Monday prior to the Thursday MPC meeting)

POSTPONEMENTS – AUTOMATIC – (Indicated with P)

All items automatically postponed to the October 10, 2002 MPC Meeting:

P 9-A-02-OA METROPOLITAN PLANNING COMMISSIONAmendments to the Knox County Zoning Ordinance to add two newcommercial zoning districts, CN (Neighborhood Commercial) and CR (RuralCommercial).

P 9-SF-02-F EMERALD RIDGE, UNIT 1Southeast side of E. Emory Rd, southwest of Mayes Chapel Rd.,Commission District 7.

P 9-SH-02-F NEUMEYER ESTATE, RESUB OF LOTS 1 & 2North side of Irwin Dr, west of Oakmeade Rd., Commission District 6.

P 9-SL-02-F GEORGIA FLYNN ESTATE, RESUB OF LOT 1Northwest end of Hewitt Ln, west of Couch Mill Rd., Commission District 6.

P 9-SM-02-F PRATT FAMILY TRUST, RESUB OF LOT 18Southeast side of Dry Gap Pk, southwest of Rifle Range Dr., Council District5.

P 9-SO-02-F TWIN BROOKS, UNIT 5North end of Rambling Brooks Ln, north of Twin Brooks Blvd., CommissionDistrict 8.

P 9-SU-02-F POTOMAC PLACE, PHASE 2, UNIT 2North end of Presidential Ln, north of Beaver Ridge Rd., CommissionDistrict 6.

P 9-V7-02 RESUB OF CONE OIL COMPANY, INC. AND STEVEN & ELAINEPATTERSON PROPERTYEast side of Canton Hollow Rd, south side of Kingston Pk, CommissionDistrict 5.

P 9-B-02-UR LUCINDA DALTONSoutheast side Stone Rd., southwest of Chapman Hwy. Proposed use:Childcare center for up to 24 children in R-1 (Single Family Residential)District. Tax ID 123 F H 33, Council District 1, South City Sector.

P 9-E-02-UR WILLIAM W. ALLENSouth side Dutchtown Rd., west of N. Cedar Bluff Rd. Proposed use: Dogkennel for up to 24 dogs in A (Agricultural) District. Tax ID 119 J A 5,Commission District 5, Northwest County Sector.

P 9-F-02-UR VICTOR JERNIGAN

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South side of E. Emory Rd., east side of Birdie Ln. Proposed use: Multi-family townhouses in PR (Planned Residential) District. Tax ID 38 037,Commission District 7, North County Sector.

P 9-S-02-UR THE WILLIAMS COMPANYNorthwest side George Williams Rd., east and west sides of ConfederateDr. Proposed use: Multi-family apartments in PR (Planned Residential)District. Tax ID 132 42.02, Commission District 5, Southwest County Sector.

POSTPONEMENTS –REQUIRING MPC ACTION– (Indicated with P)

Items to be postponed until the October 10, 2002 MPC meeting:

P 6-SC-02-C MIDDLEBROOK RIDGENorth side of Ball Camp Pike, west of Byington Solway Rd., CommissionDistrict 6.

P 6-D-02-UR MICHAEL BRADY INC.North side of Ball Camp Pike, west of Byington Solway Rd. Proposed use:Detached single family subdivision in PR (Planned Residential) District. TaxID 90 187.01 & 187.03, Commission District 6, Northwest County Sector.

P 8-SA-02-C RESUBDIVISION OF LOT 3, R.E. AULT SUBDIVISIONEast side of Meadow View Dr., west side of Michael St, Council District 6.

P 8-SF-02-C CREATIVE TENNESSEE HOMES, LLC ON EMORY ROADNorthwest side of E. Emory Rd., southwest of Findhorn Blvd., CommissionDistrict 8.

P 8-M-02-UR CREATIVE TENNESSEE HOMES, LLCNorthwest side of E. Emory Rd., southwest of Findhorn Blvd. Proposed use:Detached single family subdivision in PR (Planned Residential) & PR(Planned Residential) pending District. Tax ID 21 100 & pt 100.01,Commission District 8, Northeast County Sector.

P 9-SH-02-C MURDOCK CENTER DEVELOPMENTNorthwest side of Dutchtown Rd., east of Simmons Rd., Commission District6.

P 9-Q-02-UR BOOGER BEAR, LPNorthwest side of Dutchtown Rd., east of Simmons Rd. Proposed use:Office/warehouse development in PC (Planned Commercial) & TO(Technology Overlay) District. Tax ID 118 Pt. 173.20, Commission District 6,Northwest County Sector.

P 11-SK-01-F HOOMAN SUBDIVISIONSouth end of Alki Ln, west of Dukesbury Dr., Commission District 4.

P 4-SO-02-F RESUBDIVISION OF TRANSGLOBAL OIL AND GAS COMPANY, TRACT2 AND PART OF TRACT 1 OF ASA JETT PROPERTYNorth side of Middlebrook Pk, east side of Piney Grove Church Rd., CouncilDistrict 3.

P 4-SS-02-F GLEASON COMMONSNorth side of Gleason Dr, southwest of Highfield Rd., Commission District 5.

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P 8-SE-02-F CATTAIL VALLEYEast side of Brock Rd, north of Texas Valley Rd., Commission District 8.

P 9-SK-02-F CONRAD L. LOY PROPERTYNorthwest side of Maryville Pk, southwest of Woodson Dr., CommissionDistrict 9.

P 9-ST-02-F SHARI LOVE GRACE SUBDIVISIONSoutheast side of Hickory Creek Rd, south of West Gallaher Ferry Rd.,Commission District 6

P 4-V6-02 MCMULLEN ADDITION, LOT 6RWest side of S. Broadway, south side of World's Fair Park Dr., CouncilDistrict 6.

P 4-V10-02 JOE G. & LOU L. TATE, RESUBDIVISION OF LOT 4RWest side of N. Cedar Bluff Rd, north side of Bob Gray Rd., CommissionDistrict 6.

P 8-V5-02 R & S DEVELOPMENT PROPERTYNorth side of Middlebrook Pk, east side of Amburn Ln., Commission District5.

P 9-V1-02 R. E. ARMSTRONG ADDITION, RESUB OF LOT 5West side of Ault Rd, south of Buffat Mill Dr., Council District 4.

P 3-N-02-RZ CITY OF KNOXVILLE, BY MAYOR VICTOR ASHESoutheast corner of the intersection of Union Avenue and Walnut Street(420-430 Union), Rezoning from C-2 (Central Business District) to C-2(Central Business District)/H-1 (Historic Overlay) and design guidelines. TaxID 94 L F 021, Council District 6, Central City Sector.

Mr. Jay Kramer 2500 First Tennessee Plaza, add Wireless Communication PlanMany received letter expressing concern about the plan. No definition ofridge top. Discussed with Mr. Whitaker. We had not had an opportunity toreview this new definition. Does use ridges and mountains in USGS maps,have not seen maps. Would like technical people to review this. Requestpostponement for 30 days.

Mr. Whitaker: Suggest we go ahead and hear this. The issue of what is a ridge top issomething we have discussed before.

THIS ITEM WILL BE HEARD.

8-E-02-UR EVERETTE IVEYMr. Glen Rutherford: On behalf of Everette Ivey

Mr. Ivey is currently in school in Atlanta and will be here the next meeting.He only contacted me yesterday, but we should be prepared by the nextMPC meeting. Request postponement for 30 days.

MOTION (VITTETOE) AND SECOND (DONALDSON) WERE MADE TO APPROVEPOSTPONEMENTS AS READ INCLUDING 8-E-02-UR EVERETTE IVEY UNTIL THEOCTOBER 10, 2002 MPC MEETING. MOTION CARRIED 14-0. POSTPONEMENTSAPPROVED INCLUDING 8-E-02-UR EVERETTE IVEY.

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MPC Minutes September 12, 2002 Page 5

Automatic Withdrawals (as provided for in Article XII, Section 3.D of MPC’s Administrative Rulesand Procedures which allows automatic withdrawals when the request is received by 3:30 p.m.on the Monday prior to the Thursday MPC meeting)

WITHDRAWALS – AUTOMATIC – (Indicated with W)

W 5-SN-02-F CEDAR HEIGHTS ADDITION TO KNOXVILLE, RESUB LOT 1North side of Cedar Ln, southwest of Cedar Heights Rd., Council District 5.

W 9-SJ-02-F LEE MAYSHARKSouth side of S. Northshore Dr, east of Audena Ln., Council District 2.

WITHDRAWALS – REQUIRING MPC ACTION – (Indicated with W)

W 8-A-02-SP JACK SUMNERNortheast side Watt Rd., south of I-40/75. Request Southwest CountySector Plan Amendment from LDR (Low Density Residential) and SP (SlopeProtection) to C (Commercial) and SP (Slope Protection). Tax ID 151 4(western part), Map on file. Commission District 5, Southwest CountySector.

W 8-B-02-RZ JACK SUMNERNortheast side Watt Rd., south of I-40/75. Rezoning from PR (PlannedResidential) to CB (Business and Manufacturing). Tax ID 151 4 (Part), (Mapon file.) Commission District 5, Southwest County Sector.

MOTION (SMITH) AND SECOND (BROWN) WERE MADE TO APPROVE WITHDRAWALS.MOTION CARRIED 14-0. WITHDRAWALS APPROVED.

REVIEW OF TABLED ITEMS

TABLED

4-K-01-PA MICHAEL MCCLAMROCHSouth side S Northshore Dr., southwest of Pellissippi Parkway. RequestOne Year Plan amendment from NPD (No Plan Designation) to GC(General Commercial). Tax ID 154 96,97, Council District 2, SouthwestCounty Sector.

4-R-01-RZ MICHAEL MCCLAMROCHSouth side S Northshore Dr., southwest of Pellissippi Parkway. Rezoningfrom NZ (No Zone) to TC-1 (Town Center). Tax ID 154 96,97, CouncilDistrict 2, Southwest County Sector.

3-SJ-00-F PEMMBROOKE PLACE, PHASE 2West of Dick Lonas Rd, northeast end of Remington Grove Ln., CouncilDistrict 3.

6-SV-00-F COLONIAL PARK TOWNHOMES & TERRA PROPERTIESNorthwest side of Broome Rd, at Chadwick Dr., Council District 2.

8-SE-00-F RESUBDIVISION OF LOTS 5 & 6, SAM TOOLE S/D NO. 2Northeast side of Lyndell Rd., southeast of Bonita Dr., Council District 4.

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12-SM-00-F RESUB OF LOT 11, RUGGLES FERRY S/DSouth side of N. Ruggles Ferry Pk, west of Burris Rd., Commission District8.

12-D-00-RZ CITY OF KNOXVILLESoutheast side of I-140 / Westland Dr. interchange., Rezoning from NoZone to A-1 (General Agricultural).Tax ID 144 32.01, Council District 2,Southwest County Sector.

12-Q-00-RZ CITY OF KNOXVILLENorth side of Westland Dr., east side of I-140 interchange, Rezoning fromNo Zone to RP-1 (Planned Residential). Tax ID 144 30.02, Council District2, Southwest County Sector.

12-Y-00-RZ CITY OF KNOXVILLEWest side of I-140, south of Westland Dr., Rezoning from No Zone to A-1(General Agricultural). Tax ID 144 032, Council District 2, Southwest CountySector.

3-R-02-RZ CITY OF KNOXVILLEEast side of Sherlake Ln., west side of Hayfield Rd., south of Parkside Dr.,Rezoning from No Zone to C-6 (General Commercial Park). Tax ID 132 3, 5,132 HE 18. Council District 2, Southwest County Sector.

TABLINGS – (Indicated with T)None

ITEMS REQUESTED TO BE REMOVED FROM TABLE – (Indicated with U)None

7. CONSENT ITEMS

Items recommended for approval on consent are marked (*). They will be consideredunder one motion to approve.

MR. RUSTY BAKSA RECUSED FROM DISCUSSION OR VOTING ON THE CONSENT LIST.

MOTION (BROWN) AND SECOND (BENEFIELD) WERE MADE TO HEAR THE CONSENTITEMS AS READ. MOTION CARRIED 13-0-1. THE FOLLOWING ITEMS WERE HEARD BYCONSENT.

ORDINANCE AMENDMENT

* 8-A-02-OA Amendment to the City of Knoxville Zoning Ordinance, Article 4, Section11a, C-6 General Commercial Park District, and related sections, clarifyingthat self-service storage facilities are a permitted use in the C-6 District.

STAFF RECOMMENDATION: Approve.

STREET NAME CHANGE

* 9-A-02-SNC KNOX COUNTY EMERGENCY SERVICES -E-911

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Change Unnamed Easement to ' Henry Hollow Way ' between Tarklin ValleyRoad and Deadend, Commission District 9, South County Sector.

STAFF RECOMMENDATION: Approve.

CONCEPTS/USES ON REVIEW

* 8-SE-02-C OAKLEIGHNortheast side of Amherst Rd., south of Bradley Lake Ln., Council District 3/ Commission District 3.

STAFF RECOMMENDATION: Approve variances 1-3 and the concept plansubject to 10 conditions.

* 8-O-02-UR AMHERST PROPERTIES, LLC- Northeast side of Amherst Rd., south ofBradley Lake Ln. Proposed use: Detached single family subdivision in RP-1(Planned Residential) & PR (Planned Residential) District. Tax ID 92 85,86& pt. 57. Council District 3 / Commission District 3, Northwest City Sector.

STAFF RECOMMENDATION: Approve the plan for up to 110 detachedsingle family dwellings on individual lots subject to 3 conditions.

* 9-SA-02-C BAILEY PARKNorth side of S. Northshore Dr., west of Choto Rd., Commission District 5.

STAFF RECOMMENDATION: Approve variances 1-4 and the concept plansubject to 9 conditions.

* 9-D-02-UR SADDLEBROOK, INC.North side of S. Northshore Dr., west of Choto Rd. Proposed use: Detachedsingle family subdivision in PR (Planned Residential) pending District. TaxID 169 012, Commission District 5, Southwest County Sector.

STAFF RECOMMENDATION: Approve the plan for up to 27 detached singlefamily dwellings on individual lots subject to 2 conditions.

* 9-SB-02-C LANDSTONENorthwest side of Gamble Dr, southwest of Fleenor Mill Rd., CommissionDistrict 7.

STAFF RECOMMENDATION: Approve variances 1-3 and the concept plansubject to 8 conditions.

* 9-SC-02-C NORTH WELLINGTONEast side of McCloud Rd., south of Blairwood Dr., Commission District 7.

STAFF RECOMMENDATION: Approve variances 1-2 and the concept plansubject to 5 conditions.

* 9-J-02-UR ROY STORYEast side of McCloud Rd., south of Blairwood Dr. Proposed use: Detachedsingle family subdivision in PR (Planned Residential) pending District. TaxID 28 255, Commission District 7, North County Sector.

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STAFF RECOMMENDATION: Approve the request for up to 18 detachedsingle family dwellings on individual lots subject to 2 conditions.

* 9-SD-02-C OAK SPRINGS ESTATESNorth side of Crippen Rd., east of Winter Oaks Way, Commission District 7.

STAFF RECOMMENDATION: Approve variances 1-2 and the concept plansubject to 9 conditions.

* 9-L-02-UR STEVE HATCHERNorth side of Crippen Rd., east of Winter Oaks Way. Proposed use:Detached single family subdivision in PR (Planned Residential) District. TaxID 39 Pt. 24.01, Commission District 7, North County Sector.

STAFF RECOMMENDATION: Approve the plan for up to 20 detached singlefamily dwellings on individual lots and the reduction of the peripheral setbackfrom 35’ to 25’ as shown on the plan subject to 4 conditions.

* 9-SE-02-C TIMBERLAKE SUBDIVISION - COON PROPERTYNorthwest side of Harbor Cove Dr., northeast of Green Heron Blvd.,Commission District 7.

STAFF RECOMMENDATION: Approve variances 1-2 and the concept plansubject to 7 conditions.

* 9-O-02-UR SOUTHLAND GROUP, INC.Northwest side of Harbor Cove Dr., northeast of Green Heron Blvd.Proposed use: Detached single family subdivision in PR (PlannedResidential) pending District. Tax ID 27 Pt. 275.16 & Pt. 287.02,Commission District 7, North County Sector.

STAFF RECOMMENDATION: Approve the plan for up to 28 single familydwellings on individual lots subject to 2 conditions.

* 9-SF-02-C GREYSTONE COURTNorthwest side of Bruce Smith Rd., southwest side of Choto Rd.,Commission District 5.

STAFF RECOMMENDATION: Approve variances 1-5 and the concept plansubject to 8 conditions.

* 9-P-02-UR FRED LONG CONSTRUCTION CONCEPTSNorthwest side of Bruce Smith Rd., southwest side of Choto Rd. Proposeduse: Detached single family subdivision in PR (Planned Residential)District. Tax ID 162 35.01, 35.03-35.05, Commission District 5, SouthwestCounty Sector.

STAFF RECOMMENDATION: Approve the plan for up to 45 detached singlefamily dwellings on individual lots subject to 2 conditions.

* 9-SG-02-C CABOT RIDGE SUBDIVISION, UNIT 2 REVISEDEast end of Cabot Ridge Ln., east of Harvey Rd., Commission District 5.

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STAFF RECOMMENDATION: Approve the concept plan subject to 5conditions.

* 9-R-02-UR GLENNARD HARRINGTONEast end of Cabot Ridge Ln., east of Harvey Rd. Proposed use: Detachedsingle family subdivision in PR (Planned Residential) District. Tax ID 169Pt. 021 & 21.01, Commission District 5, Southwest County Sector.

STAFF RECOMMENDATION: Approve the plan for up to 6 detached singlefamily dwellings on individual lots subject to 2 conditions.

* 9-SI-02-C RESUB OF KNOXVILLE NEWS SENTINEL SITE AND F.L. AMBRISTERWEST VIEW ADDN LOTS 16-23South side of Western Ave, east and west sides of News Sentinel Dr.,Council District 6.

STAFF RECOMMENDATION: Approve variance 1 and the concept plansubject to 3 conditions.

FINAL SUBDIVISIONS

* 8-SA-02-F STEWART RUN, PHASE IIWest side of Old Clinton Pk, south of Bell Campground Rd., CommissionDistrict 6.

STAFF RECOMMENDATION: Approve variance 1 and final plat.

* 8-SH-02-F LOCKETT SUBDIVISION, RESUB OF LOT 9South side of Albunda Dr, east of Lockett Rd., Council District 2.

* STAFF RECOMMENDATION: Approve variance 1 and final plat.

8-SP-02-F DOGWOOD TRAILSNorth side of Dogwood Dr, north of Duncan Rd., Commission District 4.

STAFF RECOMMENDATION: Approve final plat.

* 8-SQ-02-F VISTA HILLS, UNIT 1North side of Ponderosa Dr, east of Sharp Rd., Commission District 6.

STAFF RECOMMENDATION: Approve variances 1-4 and final plat.

* 9-SB-02-F RESUBDIVISION OF CAROL CRUZE AND TRACY GRAVESNorth side of Jones Rd, east of Burkhart Rd., Commission District 8.

STAFF RECOMMENDATION: Approve final plat.

* 9-SC-02-F JETT PROPERTYNortheast side of Old Clinton Pk, north of W. Emory Rd., CommissionDistrict 6.

STAFF RECOMMENDATION: Approve final plat.

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* 9-SD-02-F ROBERT AND SERENA DAYNorth of Jenkins Ln, northeast of Greenwell Rd., Commission District 6.

STAFF RECOMMENDATION: Approve variance 1 and final plat.

* 9-SE-02-F PATT SUBDIVISIONNorthwest side of W. Raccoon Valley Dr, southwest of Crisman Rd.,Commission District 7.

STAFF RECOMMENDATION: Approve variance 1 and final plat.

* 9-SG-02-F PROPERTY OF WILLIAM M. CARPENTERNorth side of Smith Ln, east of Old Maynardville Pike, Commission District8.

STAFF RECOMMENDATION: Approve variances 1-3 and final plat.

* 9-SI-02-F CLEAR VIEW HILLS, RESUB OF LOTS 1-8, 30 & 31South side of Clinton Hwy, east side of Farris Dr, west side of Allen Dr.,Council District 3.

STAFF RECOMMENDATION: Approve variances 1-4 and final plat.

* 9-SN-02-F RESUB OF KNOXVILLE NEWS SENTINEL SITE AND F.L. AMBRISTERWEST VIEW ADDN LOTS 16-23South side of Western Ave, east and west sides of News Sentinel Dr.,Council District 6.

STAFF RECOMMENDATION: Approve variances 1 – 2 and final plat.

* 9-SP-02-F TURKEY CREEK, PHASE I, RESUB OF LOTS 1R - 2R-1 & 1R - 2R-3North side of Turkey Creek Dr, south side of I-40/I-75, Council District 2.

STAFF RECOMMENDATION: Approve final plat.

* 9-SR-02-F STERCHI HILLS, UNIT 11West side of Dry Gap Pk, south side of Dante Rd., Commission District 7.

STAFF RECOMMENDATION: Approve variance 1 and final plat.

ONE LOT SUBDIVISIONS

* 8-V3-02 ROSEDALE LAND CO. ADDN, RESUB LOTS 249, 250 & 251South side of O' Neal St, east side of Ohio Ave., Council District 5.

STAFF RECOMMENDATION: Approve variances 1-3 and final plat.

* 8-V6-02 P. M. SMITHS ADDN TO FOUNTAIN CITY CO., RESUB OF LOTS 28, 21 &PART OF 22East side of Rondo Rd, west side of Jacksboro Pk., Council District 4.

STAFF RECOMMENDATION: Approve variances 1 & 2 and final plat.

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* 9-V2-02 ISAIAH'S LANDING, RESUB OF LOT 7 AND ADDITIONAL LANDSWest side of Millertown Pk, south side of South Mall Rd., Council District 4.

STAFF RECOMMENDATION: Approve ariance 1 and final plat.

* 9-V3-02 PROPERTY OF JUDITH SUE PERKINS & SHIRLEY ANN KYLEWest side of Cannon Ln, east of Carter School Rd., Commission District 8.

STAFF RECOMMENDATION: Approve variance 1 and final plat.

* 9-V4-02 DONALD WILLIAM TIPTON, JR & PATRICIA BEELER TIPTONEast side of Wallace Rd, northeast of Elm Hill Cr., Commission District 4.

STAFF RECOMMENDATION: Approve variances 1 & 2 and final plat.

* 9-V5-02 JIM STEWART PROPERTYSouth side of E. Emory Rd, east side of Elegant Dr., Commission District 7.

STAFF RECOMMENDATION: Approve variance 1 and final plat.

* 9-V6-02 B.H. SPRANKLE'S 8TH ADDITION, RESUB OF LOT 883RSouth side of Mynatt Ave, southeast of Cary St., Council District 6.

STAFF RECOMMENDATION: Approve variance 1 and final plat.

REZONINGS

* 8-F-02-RZ CITY OF KNOXVILLEEast side Simmons Rd, northeast of Lovell Rd, north of Parkside Dr.,Rezoning from No Zone to C-4 (Highway and Arterial Commercial). Tax ID131 J A 31, 32, and 32.01. Council District 2, Southwest County Sector.

STAFF RECOMMENDATION: Approve C-4 (Highway and ArterialCommercial).

* 9-C-02-RZ WILLIAM FARNHAMNorthwest side Tazewell Pike, northeast of Shannondale Rd, Rezoning fromRA (Low Density Residential) to PR (Planned Residential). Tax ID 49 23,Commission District 7, North City Sector.

STAFF RECOMMENDATION: Approve PR (Planned Residential) at adensity of 1 to 5 dwelling units per acre.

* 9-E-02-RZ HELEN C. PAINTEREast side Beaumont Ave., south side Sidebrook Ave., Rezoning from R-2(General Residential) to C-1 (Neighborhood Commercial). Tax ID 94 C A038, Council District 5, Central City Sector.

STAFF RECOMMENDATION: Approve C-1 (Neighborhood Commercial)

* 9-F-02-RZ EMILY GODDARD

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East side Lindsay Place, north side Sullins St., Rezoning from R-2 (GeneralResidential) to O-1 (Office, Medical, and Related Services). Tax ID 108 B C11, Council District 2, Central City Sector.

STAFF RECOMMENDATION: Approve O-1 (Office, Medical, and RelatedServices).

* 9-H-02-RZ CITY OF KNOXVILLENorth side Kingston Pike, east side Perimeter Park Rd., Rezoning from NoZone to C-4 (Highway and Arterial Commercial). Tax ID 131 E B 001,Council District 2, Southwest County Sector.

STAFF RECOMMENDATION: Approve C-4 (Highway and ArterialCommercial).

* 9-I-02-RZ SAM KECKNorth east side Chapman Hwy., northwest side White School Rd, Rezoningfrom CA (General Business) to OB (Office, Medical, and Related Services).Tax ID 138 082, Commission District 9, South County Sector.

STAFF RECOMMENDATION: Approve OB (Office, Medical, and RelatedServices)

* 9-K-02-RZ ABE TAYEHSouth side Everett Rd., east of Watt Rd., north side I-40/75, Rezoning fromA (Agricultural) to CB (Business and Manufacturing). Tax ID 141 64,Commission District 6, Northwest County Sector.

STAFF RECOMMENDATION: Approve CB (Business and Manufacturing)

* 9-L-O2-RZ CITY OF KNOXVILLESouth side Luscombe Dr., north, south and west side of Sherbourne Dr.,Rezoning from No Zone to R-1 (Single Family Residential) Tax ID 133 G B1,2,3,4,8,9,10,12, 133GA27, Council District 2, West City Sector.

STAFF RECOMMENDATION: Approve R-1 (Single Family Residential)

* 9-M-02-RZ CITY OF KNOXVILLESouth side Sabre Dr., east side Noragate Rd., northeast side Luscombe Dr.,southwest side Aeronca Rd., Rezoning from No Zone to R-1 (Single FamilyResidential). Tax ID 133 B J 1,5,10,15,23,28, 133BK1,7,29. Council District2, West City Sector.

STAFF RECOMMENDATION: Approve R-1 (Single Family Residential)

* 9-N-02-RZ CITY OF KNOXVILLENorthwest side Normandy Dr., west of Noragate Rd., Rezoning from NoZone to R-1 (Single Family Residential). Tax ID 133 G A 9, Council District2, West City Sector.

STAFF RECOMMENDATION: Approve R-1 (Single Family Residential).

* 9-O-02-RZ CITY OF KNOXVILLE

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East side Lovell Rd., south side Simmons Rd., Rezoning from No Zone toC-4 (Highway and Arterial Commercial). Tax ID 131 J A 29.02 (part).Council District 2, Southwest County Sector.

STAFF RECOMMENDATION: Approve C-4 (Highway and ArterialCommercial).

* 9-P-02-RZ CITY OF KNOXVILLEROW of Park West Blvd. and south side Park West Blvd., north side I-40/75,southwest of Park 40 North Blvd., Rezoning from No Zone to C-6 (GeneralCommercial Park) or PC-1 (Retail and Office Park). Tax ID 119 18.47 (Part),ROW of Park West Blvd. (Map on file). Council District 2, Northwest CountySector.

STAFF RECOMMENDATION: Approve PC-1 (Retail and Office Park)

USES ON REVIEW

* 8-I-02-UR H.R. DAVIS GENERAL CONSTRUCTION, INC.Northeast side of Idlewood Ln, southeast of Gleason Dr. Proposed use:Condominiums in PR (Planned Residential) pending District. Tax ID 1337,Commission District 5, Southwest County Sector.

STAFF RECOMMENDATION: Approve the development plan for a 50-unitcondominium development, subject to 5 conditions.

* 9-G-02-UR WILBURN L. NEWSOMSouth side of Neal Dr., west of Maynardville Pike. Proposed use:Office/warehouse building (3 units) in PC (Planned Commercial) District.Tax ID 38 N B 6.02, Commission District 7, North County Sector.

STAFF RECOMMENDATION: Approve the development plan for anoffice/warehouse building (3 units) with up to 7,700 square feet, subject to 6conditions.

* 9-K-02-UR WAY OF THE CROSS BAPTIST CHURCHSoutheast side Forestdale Ave., east side of Whittle Springs Rd. Proposeduse: Fellowship hall addition to existing church site in R-2 (GeneralResidential) District. Tax ID 70 I J 5, Council District 5, East City Sector.

STAFF RECOMMENDATION: Approve the development plan for a 1920square foot fellowship hall addition to an existing church site subject to 7conditions.

* 9-M-02-UR TODD GARRETTNortheast side Brickyard Rd., northwest side Levy Dr. Proposed use:Duplex in RA (Low Density Residential) District. Tax ID 56 K A Portion of 20,Commission District 6, North County Sector.

STAFF RECOMMENDATION: Approve the development plan for a duplex inthe RA district subject to 4 conditions.

* 9-N-02-UR HOME FEDERAL BANK

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Southeast side E. Magnolia Ave., northeast of Spruce St. Proposed use:Four two-bedroom apartment units in O-1 (Office, Medical, and RelatedServices) pending District. Tax ID 82 J M 4, Council District 6, Central CitySector.

STAFF RECOMMENDATION: Approve the development plan for four two-bedroom units subject to 7 conditions.

9-T-02-UR CITY OF KNOXVILLE PARKS DEPARTMENTWest side Bradshaw Rd., south of Pleasant Ridge Rd. Proposed use: Citypark in A-1 (General Agricultural) District. Tax ID 80 O A 1.01, CouncilDistrict 3, Northwest City Sector.

THIS ITEM WAS REMOVED FROM THE CONSENT LIST.

OTHER BUSINESS

* 9-A-02-OB Consideration of amendments to the FY 2002-2003 budget.

EXECUTIVE COMMITTEE RECOMMENDATION: Approve Amendment 1.

* 9-B-02-OB Consideration of staff report for Plans of Service.

STAFF RECOMMENDATION: Approve.

* 9-C-02-OB Consideration of MPC Executive Director Evaluation and Salary Plan.

EXECUTIVE COMMITTEE RECOMMENDATION: Approve a 2.5% salaryincrease.

9-C-02-RZ WILLIAM FARNHAMMrs. Charlotte Davis: Do not object. Want to read a letter from Fountain City town into record.

We know this is only a first step and that development plans will come later.We need to watch closely. Some years ago hydrology studies showedpotential sink hole problem and was denied. Hope plans will take thisproblem into consideration. Residents apphrenstive because of potentialdrainage problem. Watch development plan closely.

9-T-02-UR City of Knoxville Parks Department pulled from consent list.

MOTION (VITTETOE) AND SECOND (BENEFIELD) WERE MADE TO APPROVE ITEMS ASREAD MOTION CARRIED 13-0-1. ITEMS APPROVED AS READ.

8. ORDINANCE AMENDMENTS

Ordinance Amendments recommended for approval on consent are marked (*). They willbe considered under Item 7 by one motion to approve.

ORDINANCE AMENDMENTS – OLD

* 8-A-02-OA Amendment to the City of Knoxville Zoning Ordinance, Article 4, Section11a, C-6 General Commercial Park District, and related sections, clarifyingthat self-service storage facilities are a permitted use in the C-6 District.

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THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

ORDINANCE AMENDMENTS - NEW

P 9-A-02-OA METROPOLITAN PLANNING COMMISSIONAmendments to the Knox County Zoning Ordinance to add two newcommercial zoning districts, CN (Neighborhood Commercial) and CR (RuralCommercial).

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

9-B-02-OA KNOXVILLE CITY COUNCILAmendments to Article 2, Definitions; Article 4, Section 2a, R-1A LowDensity Residential District, Section 3, R-2 General Residential District andSection 4b, R-4 Residential District and Article 5, Section 3, DevelopmentStandards for Uses Permitted on Review, and associated sections of theKnoxville Zoning Ordinance to regulate rooming and boarding houses in theCity and establish standards for their development.

STAFF RECOMMENDATION: Approve .

Mr. Ken Pruitt: Request came to us from City Council by resolution. Staff is recommendingthat rooming and boarding houses be made a use on review in theresidential zones. We are recommending that they continue to be allowedand removed from the R-1A zone. In addition, we are also setting minimumstandards for development of such facilities. These include a 12,000 sq. ft.minimum lot size and that the side and rear property lines be landscaped.Parking is to be located at the side or rear and not in the front yard. Useswill continue to be permitted in R-2, R-3 and R-4 residential zones as a useon review and would also be permitted by right in several commercial zones,C-3, C-4 and C-6.

Ms. Barbara Simpson: On the Board of the Fourth and Gill Neighborhood AssociationWe are in R-1A zone. In the past boarding and rooming houses have beenallowed in this zone without a use on review. This has been a way landlordshave skirted the issue of having multifamily apartments in the neighborhood.Six unrelated people living in a house is not a single family. It createsparking problems. Those people have friends that visit and parking ishorrible. We appreciate Council bringing this to you and recommendingthese changes. If these are allowed in R-2 and R-3 zones by use on review,there would also be a change in the definition in the code of what a roominghouse or boarding house is. Right now it does not have to be owneroccupied. I think that language will change to be owner-occupied. So thisdoes not become a way to get around multi-family dwellings not beingallowed in these zones.

Ms. Charlotte Davis: 104 Profit Road Fountain City Town HallRead a statement from Michael Kane, WHICH BECOMES A PART OFTHESE MINUTES. Fountain City Town Hall supports the proposedamendments. We agree that rooming and board should be eliminated fromR-1A zoning. These changes will promote stability in older transitionalneighborhoods.

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Mr. David Booker: 124 East Scott AveI live in a situation where on the left there are 5 college guys that park on thesidewalk and even in the front yard. There is limited parking for theseboarding houses. I deal with this on a daily basis. There is nothing togovern them at the present time. I support this change and think there doesneed to be rules. Parking is a problem among other things.

MOTION (BROWN) AND SECOND (BAKSA) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 14-0. AMENDMENTS APPROVED.

9. STREET CLOSURES

Street Closures recommended for approval on consent are marked (*). They will beconsidered under Item 7 by one motion to approve.

STREET CLOSURES - OLDNone

STREET CLOSURES - NEWNone

10. ALLEY CLOSURES

Alley Closures recommended for approval on consent are marked (*). They will beconsidered under Item 7 by one motion to approve.

ALLEY CLOSURES - OLDNone

ALLEY CLOSURES - NEWNone

11. STREET NAME CHANGES

Street Name Changes recommended for approval on consent are marked (*). They willbe considered under Item 7 by one motion to approve.

STREET NAME CHANGES - OLDNone

STREET NAME CHANGES - NEW

* 9-A-02-SNC KNOX COUNTY EMERGENCY SERVICES -E-911Change Unnamed Easement to ' Henry Hollow Way ' between Tarklin ValleyRoad and Deadend, Commission District 9, South County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

12. SUBDIVISION NAME CHANGES

Subdivision Name Changes recommended for approval on consent are marked (*). Theywill be considered under Item 7 by one motion to approve.

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SUBDIVISION NAME CHANGES - OLDNone

SUBDIVISION NAME CHANGES - NEWNone

13. PLANS AND PLAN AMENDMENTS/REZONINGS

Plans and Plan Amendments/Rezonings recommended for approval on consent aremarked (*). They will be considered under Item 7 by one motion to approve.

PLANS AND PLAN AMENDMENTS/REZONINGS – OLD

6-A-02-P METROPOLITAN PLANNING COMMISSIONConsideration of adoption of the Wireless Communication Facilities Plan asan element of the Knoxville Knox County General Plan.

STAFF RECOMMENDATION: Adopt the Wireless Communication FacilitiesPlan as an element of the Knoxville-Knox County General Plan.

Mr. Norman Whitaker:We worked through a process that involved six public meetings. Weproduced a draft plan, which has been distributed and revised several times.This month the last remaining issues arrived yesterday. There are threeremaining issues. One is what is a ridge top and we have defined that for thepurposes of the design plan as one of the ridges or mountains identified onthe US Geological Survey maps of Knox County. The USGS only show thebiggest, well-known ridges. Intent is to clarify that policy concerning ridgesdoes not involve every bump. There is a design principle that says towerson ridges or hills should be located so that the top of the structure is no morethan 30 feet above the tree line. The intent is to downplay visibility of thetowers. At the request of the industry, we have added numerous redundantstatements such as the guidelines are advisory and not a legal requirement.It is clear that height on a ridge is not regulated, but suggested. Finalchange suggested by Mr. Kramer involves specific language regarding theproposed requirement for networking planning by the industry. Mr. Kramerhas provided more detailed language, which staff supports, to be insertedinto the plan in Section 9. One final issue is that Mr. Kramer objects to theland use matrix. Has been revised several times and we have changed thecolors of the matrix, changed “caution” to “neutral” at the suggestion of theindustry, and we have made the chart more liberal toward towers. We havemodified it every possible way and we feel it is finished as far as staff isconcerned. It is advisory. There are numerous statements in the plan thatsay the Planning Commission can approve structures that are inconsistentwith this matrix or the design principles if they feel that is necessary to meetthe intent of the zoning ordinance. I offered to show them the USGS mapsupstairs. We would like to have engineers look at maps and see what theimpact of a design policy referencing the largest and most significant ridgesand mountains in Knox County would be. Postponing it again seems like anover reaction. Do not want to get in the path where new issues are broughtup next moth. Seems this will never be endorsed by some of the attorneysrepresenting the industry.

Mr. Jay Kramer: 2500 First Tennessee Plaza

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We are asking for a postponement. His recent suggestion appears to besomething that may well be workable. I am not a technical person and not asite acquisition person. We think it is fair to those folks to have anopportunity to determine how this proposed definition of ridgeline will affectthem on a daily basis. Nothing will be affected by a postponement.

Mr. Whitaker: One of the universally recognized ways of pinning down the biggest ridges isthe USGS maps which are national and cover all of the United States.

Mr. Dick Graf: If we vote on this today and your definition does not reasonably work, thatcan be amended can it not?

Mr. Whitaker: It could be amended. I cannot think of a way to make this definition thatwould not include Sharps Ridge or other major ridges identified on theUSGS maps. We started asking three months ago about narrowing downissues.

Mr. Graf: Idea is to give the Commissioners a better feel for what industry needs andwhat would be acceptable in this area. I think staff has done an excellentjob. I think we have enough information now to help us make betterdecisions.

Mr. Benefield: I think staff has provided an excellent plan. Can work on it more in thefuture. I can’t see the outstanding issues as significant.

MOTION (GRAF) AND SECOND (BENEFIELD) WERE MADE TO APPROVE STAFFRECOMMENDATION.

Ms. Teague: Why ridgeline addressed first time.

Mr. Whitaker: Think response to Mr. Kramer’s questions about the term ridgeline isbecause the things identified on USGS map as ridges or mountains arethings that everybody lives here recognizes as ridges or mountains and arewell known. If you approve this would be approving plan that adds Section 9material suggested by Mr. Kramer and add reference to USGS maps fordefining ridges. We are sure about the matrix. It is advisory. PlanningCommission can act contrary to this matrix.

Ms. Sue Mauer: 8824 Farmington Drive, Member of Ad Hoc Committee along with JohnBynon and Mark WilliamsonI sat in on numerous meetings. Each time we have a meeting they keepcoming back with changes. They knew well in advance what was involved.Do not think we can get a plan that can satisfy everyone fully. Feel this isthe time to move forward on it.

MOTION CARRIED 14-0. PLAN APPROVED.

CHAIRMAN FRENCH READ RESOLUTION INTO THE RECORD.

PLANS AND PLAN AMENDMENTS/REZONINGS - NEWNone

SUBDIVISIONS

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14. CONCEPTS/USES ON REVIEW

Subdivision Concepts/Uses on Review recommended for approval on consent aremarked (*). They will be considered under Item 7 by one motion to approve.

CONCEPTS/USES ON REVIEW – OLD

P 6-SC-02-C MIDDLEBROOK RIDGENorth side of Ball Camp Pike, west of Byington Solway Rd., CommissionDistrict 6.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

P 6-D-02-UR MICHAEL BRADY INC.North side of Ball Camp Pike, west of Byington Solway Rd. Proposed use:Detached single family subdivision in PR (Planned Residential) District. TaxID 90 187.01 & 187.03, Commission District 6, Northwest County Sector.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

7-SH-02-C SOLOMON PLACE (FKA: PROPERTY OF BILL MORTON)Southwest side of Hill Rd., south of Cabbage Dr., Commission District 8.

STAFF RECOMMENDATION: Approve variances 1-7 and the concept plansubject to 10 conditions.

Ms. Gay Morton: 7941 Hill Road, In opposition.Tried in May and June to negotiate and they were unwilling to discuss mysewer system problem. Property has not been sold but on option.Representing over 150 people who have signed a petition opposing. About20 PEOPLE STOOD IN OPPOSITION. Concerned about runoff.Watershed goes directly behind Beaver Creek. Knox County just purchased3-4 houses behind the school due to flooding. Neighborhood hasexperienced flooding on E. Cabbage and Schoffner Lane. We do not objectto rezoning or development. We do request a lower density. They presentthis as 33 acres, but if you take out two sinkholes and a TVA powerline weare talking about considerably less. We would like higher valued homes.Showed examples of homes to be built and what is currently being built. Outof character with neighborhood. Almost all homeowners have sent in lettersrequesting lower density and higher quality homes. Roads are an issue withblind hills, sharp curves, narrow heavily traveled street and no shoulders insome places. SUBMITTED PICTURES OF THE ROAD WHICH BECOME APART OF THESE MINUTES. Feel some conditions of the plan have notbeen met, including my septic system. Article in yesterday’s paperexpressing concern over this has generated a lot of community attention.Many have not had the opportunity to respond to this. We would like you tovote to postpone this.

Mr. Lyle Lee: LBH DevelopersWe have said we will put a sewer lateral right up to the property. Since thennot only agreed to a sewer lateral but to hook it up to the septic tanks to takecare of their problems. The homes we will be building are in the range of$90,000 to $130,000. Some homes in the area are $200,000 and some

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$70,000. LBH has hired Batson Himes Norvell and Poe engineers to workwith Knox County and they have come up with a design plan satisfactory tothe County. We are confident the drainage design will be more thanadequate. As per the suggestion of Knox County Engineering we areflattening the curve of Hill Road to make it safer for traffic going intosubdivision and all other traffic on Hill Road. Also intent comply with theirsafety measures. There is curve on Hill Road at entrance to subdivision.Knox County Engineering proposes that we pull Hill Road back in 20 foot totake steepness out of the curve. When flattened will be able to see in bothdirections a lot further to make it safer. We also proposed a turning lanefrom Halls into this subdivision. They did not seem to feel it was necessary.

Ms. Jean Teague: Could you not build more expensive homes there?

Mr. Lee: We build all-brick homes. This is slightly over 2 per acre and they will beslightly larger than the last. We feel like there is a big market for the kinds ofhomes we are building.

Ms. Jean Teague: If you put nice homes in there people will buy them, not everybody wants togo as far as Farragut or Fox Den.

Mr. Lee: Density is over 2 per acre and we would not be opposed to building biggerhomes there.

Mr. Baksa: We have approved the zoning at 1-3 units per acre and they are at 2.2. Theyare working on road improvement for sight distance. There is a good marketfor moderately priced homes.

MOTION (BAKSA) AND SECOND (BROWN) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 12-2. CONCEPT PLAN APPROVED.

7-P-02-UR LBH DEVELOPERSSouthwest side of Hill Rd., south of Cabbage Dr. Proposed use: Detachedsingle-family subdivision in PR (Planned Residential) District. Tax ID 28147, Commission District 8, North County Sector.

STAFF RECOMMENDATION: Approve the development plan for up to 72detached single-family dwellings on individual lots subject to 2 conditions.

MOTION (BAKSA) AND SECOND (BROWN) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 12-2. DEVELOPMENT PLAN APPROVED.

P 8-SA-02-C RESUBDIVISION OF LOT 3, R.E. AULT SUBDIVISIONEast side of Meadow View Dr., west side of Michael St, Council District 6.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

8-SB-02-C POLO CLUBSouth side of Westland Dr., west of Gettysvue Way, Commission District 5.

STAFF RECOMMENDATION: Approve variances 1-11 and the conceptplan subject to 10 conditions.

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MR. TREY BENEFIELD RECUSED FROM DISCUSSION OR VOTING ON THESE ITEMS.

MR. DICK GRAF RECUSED FROM DISCUSSION OR VOTING ON THESE ITEMS.

Mr. Arthur Seymour Jr. On behalf of applicantThis is third time before you. We came to you in July on rezoning. Originalapplication was for Planned Residential at 1-5 units per acre. At the requestof staff and adjoining residents that was reduced to 1-4. Came back lastmonth for approval of the concept plan. At the request of adjoiningneighbors we agreed to postpone to discuss issues. In the meantime wentto County Commission asking for 1-4 and had opposition at CountyCommission. The purpose of the postponement from the last meeting wasso the developer could discuss the issue with the neighborhood along withthe concept plan. Development team is Peter Medlin, Buz Goss, ScottBoruff, and Richard LeMay. Issues were the name of the development, howit was advertised and social membership given to certain lot owners in theGettysview Country Club. August 28 Mr. Medlin met with Ms. Gamble andplanned a meeting on September 4, which would have been the secondmeeting. The September 4 meeting was cancelled due to lack of interest.We do not know what the opposition is at this time. Changes have beenmade in the development due to discussions. We have still been unable toreach an agreement. They have not been able to articulate what they wouldapprove. There is some opposition to the attached dwellings, patio homes.They will adjoin the recreational facilities and 6 single family dwellings in theadjoining subdivision. Applicant has agreed to construct a 6-foot high stuccofence and stone wall around the condominium portion of the developmentand landscape around it. This will pretty well separate the patio homes fromadjoining development. Site design and architectural elevation supplied tothe staff would indicate the proposed condominium dwellings will be inkeeping with the recently developed properties in the area which isGettysview. Think concept plan as adjusted due to concerns of adjoiningresidents is in keeping with what has been developed in the area. Ask yourapproval.

Mr. John King: P.O. Box 2425, 37901, On behalf of residents in the area in opposition.I do not understand the statement that opponents are unable to articulatewhat the opposition is. We are on the same basis we have discussedbefore as far as density and location of attached dwelling units. Yes, therehave been meetings with representatives in the area and the developer.Yes, they have made some changes to accommodate some of thehomeowners’ comments. Consistently they decline to discuss density andlocation of attached units on the other side of the proposed project. Answerhas to do with someone who lives on the portion where the attached unitsare going to be placed and that they will not have that property availableuntil later. Therefore they cannot do that. I do not see why they not put theattached units on the part that they are delayed in getting access of and putthe attached units on the part they get a first, which is essentially what weare asking that they do. Density of 1-4 is not in conformity with theremainder of the neighborhood. We discussed how the density surroundingthe area is consistent with 2 units per acre. Those are concerns expressedconsistently. Ask that you add another condition hat the attached units beplaced on the other side of the proposed development adjoining theboundary line at the school property. Hard to show these attached units

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back up to the subdivision development next door. It is an unusualconfiguration. I drove to see how many actually back up to those attachedunits. I count 12 to 13 houses that would backup. You eliminate that byputting the attached units on the other side backing up to the school. If youapprove this at this density ask that you put the condition in.

Ms. Jean Teague: What is the reason why you cannot put condos on the other side?

Mr. Seymour: Mr. Gheen has another year to remain in the house where the patio homesare. Requesting to go ahead and build out the single family part now andcould not get to the patio homes until he moves out. There are other patiohomes in the Gettysview area. These patio homes are going to be in excessof $350,000 or $400,000.

Mr. French: If houses were built on the side where the gentleman is remaining, wouldthat interfere with construction of houses on that side?

Mr. Seymour: It would because of the configuration of the road.

Mr. Richard LeMay:LeMay AssociatesThe way the project is laid out now, you could not just leave out that sectionof patio homes and get the road in. With frontage on Westland Drive have toposition the entrance into the single family portion to accommodate thosepatio homes. We cannot place the entry road onto Mr. Gheen’s property thathe is keeping either and still have enough room for the patio homes on theother side. There are also drainage issues involved. Where we have thoselocated is the best place to position the patio homes.

MOTION (BROWN) AND SECOND (BAKSA) WERE MADE TO APPROVE STAFFRECOMMENDATION.

Ms. Gamble Ugama: Contrary to what Mr. Seymour said, we have worked with the developeron drainage issues, conflicts for 911, landscaping and numerous things. Donot have a problem with the condos per say. We were under the impressionthey we going to go on Westland. We did a petition on the zoning issue. Inthat petition it reads four or less because many of the people that signedthat sheet were not for four but two only. Spent a lot of time. A lot of peoplecould not be at the meeting we set up. It was not lack of interest, justconflicts. The developer has worked with us on this issue. Only thing wewere not able to come to a compromise on was the villas. We evensuggested if you cannot flip them can you not at least divide them. Visuallywe thought it was not in keeping with the look of the community. Wepreferred single family homes backing up to single dwelling homes. We donot have a problem with Mr. Gheen or the developer.

MOTION CARRIED 12-0-2. CONCEPT PLAN APPROVED.

8-H-02-UR JAMES GHEENSouth side of Westland Dr., west of Gettysvue Way. Proposed use:Attached and detached residential development in PR (PlannedResidential) pending District. Tax ID 144 66, 67, & 71, Commission District5, Southwest County Sector.

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STAFF RECOMMENDATION: Approve the request for up to 40 detachedsingle family dwellings on individual lots and 38 attached condominiumdwellings as shown on the development plan subject to 5 conditions.

MOTION (BROWN) AND SECOND (DONALDSON) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 12-0-2. DEVELOPMENT PLAN APPROVED.

Mr. King: SUBMITTED A PLAN THAT SHOWS THE LOCATION OF THE HOUSE INPHASE II FOR THE RECORD WHICH BECOMES A PART OF THESEMINUTES.

* 8-SE-02-C OAKLEIGHNortheast side of Amherst Rd., south of Bradley Lake Ln., Council District 3/ Commission District 3.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 8-O-02-UR AMHERST PROPERTIES, LLC- Northeast side of Amherst Rd., south ofBradley Lake Ln. Proposed use: Detached single family subdivision in RP-1(Planned Residential) & PR (Planned Residential) District. Tax ID 92 85,86& pt. 57. Council District 3 / Commission District 3, Northwest City Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

P 8-SF-02-C CREATIVE TENNESSEE HOMES, LLC ON EMORY ROADNorthwest side of E. Emory Rd., southwest of Findhorn Blvd., CommissionDistrict 8.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

P 8-M-02-UR CREATIVE TENNESSEE HOMES, LLCNorthwest side of E. Emory Rd., southwest of Findhorn Blvd. Proposed use:Detached single family subdivision in PR (Planned Residential) District. TaxID 21 100 & pt 100.01, Commission District 8, Northeast County Sector.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

CONCEPTS/USES ON REVIEW - NEW

* 9-SA-02-C BAILEY PARKNorth side of S. Northshore Dr., west of Choto Rd., Commission District 5.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-D-02-UR SADDLEBROOK, INC.North side of S. Northshore Dr., west of Choto Rd. Proposed use: Detachedsingle family subdivision in PR (Planned Residential) pending District. TaxID 169 012, Commission District 5, Southwest County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-SB-02-C LANDSTONE

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Northwest side of Gamble Dr, southwest of Fleenor Mill Rd., CommissionDistrict 7.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-SC-02-C NORTH WELLINGTONEast side of McCloud Rd., south of Blairwood Dr., Commission District 7.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-J-02-UR ROY STORYEast side of McCloud Rd., south of Blairwood Dr. Proposed use: Detachedsingle family subdivision in PR (Planned Residential) pending District. TaxID 28 255, Commission District 7, North County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-SD-02-C OAK SPRINGS ESTATESNorth side of Crippen Rd., east of Winter Oaks Way, Commission District 7.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-L-02-UR STEVE HATCHERNorth side of Crippen Rd., east of Winter Oaks Way. Proposed use:Detached single family subdivision in PR (Planned Residential) District. TaxID 39 Pt. 24.01, Commission District 7, North County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-SE-02-C TIMBERLAKE SUBDIVISION - COON PROPERTYNorthwest side of Harbor Cove Dr., northeast of Green Heron Blvd.,Commission District 7.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-O-02-UR SOUTHLAND GROUP, INC.Northwest side of Harbor Cove Dr., northeast of Green Heron Blvd.Proposed use: Detached single family subdivision in PR (PlannedResidential) pending District. Tax ID 27 Pt. 275.16 & Pt. 287.02,Commission District 7, North County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-SF-02-C GREYSTONE COURTNorthwest side of Bruce Smith Rd., southwest side of Choto Rd.,Commission District 5.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-P-02-UR FRED LONG CONSTRUCTION CONCEPTSNorthwest side of Bruce Smith Rd., southwest side of Choto Rd. Proposeduse: Detached single family subdivision in PR (Planned Residential)

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District. Tax ID 162 35.01, 35.03-35.05, Commission District 5, SouthwestCounty Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-SG-02-C CABOT RIDGE SUBDIVISION, UNIT 2 REVISEDEast end of Cabot Ridge Ln., east of Harvey Rd., Commission District 5.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-R-02-UR GLENNARD HARRINGTONEast end of Cabot Ridge Ln., east of Harvey Rd. Proposed use: Detachedsingle family subdivision in PR (Planned Residential) District. Tax ID 169Pt. 021 & 21.01, Commission District 5, Southwest County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

P 9-SH-02-C MURDOCK CENTER DEVELOPMENTNorthwest side of Dutchtown Rd., east of Simmons Rd., Commission District6.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

P 9-Q-02-UR BOOGER BEAR, LPNorthwest side of Dutchtown Rd., east of Simmons Rd. Proposed use:Office/warehouse development in PC (Planned Commercial) & TO(Technology Overlay) District. Tax ID 118 Pt. 173.20, Commission District 6,Northwest County Sector.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

* 9-SI-02-C RESUB OF KNOXVILLE NEWS SENTINEL SITE AND F.L. AMBRISTERWEST VIEW ADDN LOTS 16-23South side of Western Ave, east and west sides of News Sentinel Dr.,Council District 6.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

15. FINAL SUBDIVISIONS

Final and One Lot Subdivisions recommended for approval on consent are marked (*).They will be considered under Item 7 by one motion to approve.

FINAL SUBDIVISIONS - OLD

P 11-SK-01-F HOOMAN SUBDIVISIONSouth end of Alki Ln, west of Dukesbury Dr., Commission District 4.

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THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

P 4-SO-02-F RESUBDIVISION OF TRANSGLOBAL OIL AND GAS COMPANY, TRACT2 AND PART OF TRACT 1 OF ASA JETT PROPERTYNorth side of Middlebrook Pk, east side of Piney Grove Church Rd., CouncilDistrict 3.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

P 4-SS-02-F GLEASON COMMONSNorth side of Gleason Dr, southwest of Highfield Rd., Commission District 5.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

W 5-SN-02-F CEDAR HEIGHTS ADDITION TO KNOXVILLE, RESUB LOT 1North side of Cedar Ln, southwest of Cedar Heights Rd., Council District 5.

THIS ITEM WAS WITHDRAWN EARLIER IN THE MEETING.

* 8-SA-02-F STEWART RUN, PHASE IIWest side of Old Clinton Pk, south of Bell Campground Rd., CommissionDistrict 6.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

P 8-SE-02-F CATTAIL VALLEYEast side of Brock Rd, north of Texas Valley Rd., Commission District 8.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

* 8-SH-02-F LOCKETT SUBDIVISION, RESUB OF LOT 9South side of Albunda Dr, east of Lockett Rd., Council District 2.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 8-SP-02-F DOGWOOD TRAILSNorth side of Dogwood Dr, north of Duncan Rd., Commission District 4.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 8-SQ-02-F VISTA HILLS, UNIT 1North side of Ponderosa Dr, east of Sharp Rd., Commission District 6.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

FINAL SUBDIVISIONS - NEW

9-SA-02-F G. WAYNE KOONTZ PROPERTY, RESUB OF LOTS 2 AND 3 & PART OFLARGE UNPLATTED TRACTWest side of Hill Rd, north side of Pleasant Gap Rd., Commission District 8.

STAFF RECOMMENDATION: Deny final plat.

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Mr. Don Umstead: 311 Lynnwood Drive, Doing the surveyI did not count on the amount of time for the legal description for the jointpermanent easement. Legal description did not get to the Law Departmentby the deadline. Request waiver to 9-day requirement.

Ms. Bonnie Curtiss: We do now have Law Department approval of the legal document.

Mr. Baksa: This was a joint permanent easement.

Ms. Bonnie; Subdivision regulations call for the appropriate Law Department approval forthis type of easement.

MOTION (BAKSA) AND SECOND (SMITH) WERE MADE TO WAIVE ARTICLE 6, SECTION 1,OF MPC’S ADMINISTRATIVE RULES AND PROCEDURES AND SECTION 44-22 OF THEMINIMUM SUBDIVISION REGULATIONS. MOTION CARRIED 14-0. ARTICLE 6, SECTION 1,OF MPC’S ADMINISTRATIVE RULES AND PROCEDURES AND SECTION 44-22 OF THEMINIMUM SUBDIVISION REGULATIONS WAIVED.

MOTION (SMITH) AND SECOND (BAKSA) WERE MADE TO APPROVE FINAL PLAT.MOTION CARRIED 14-0. FINAL PLAT APPROVED.

* 9-SB-02-F RESUBDIVISION OF CAROL CRUZE AND TRACY GRAVESNorth side of Jones Rd, east of Burkhart Rd., Commission District 8.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-SC-02-F JETT PROPERTYNortheast side of Old Clinton Pk, north of W. Emory Rd., CommissionDistrict 6.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-SD-02-F ROBERT AND SERENA DAYNorth of Jenkins Ln, northeast of Greenwell Rd., Commission District 6.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-SE-02-F PATT SUBDIVISIONNorthwest side of W. Raccoon Valley Dr, southwest of Crisman Rd.,Commission District 7.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

P 9-SF-02-F EMERALD RIDGE, UNIT 1Southeast side of E. Emory Rd, southwest of Mayes Chapel Rd.,Commission District 7.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

* 9-SG-02-F PROPERTY OF WILLIAM M. CARPENTERNorth side of Smith Ln, east of Old Maynardville Pike., Commission District8.

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THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

P 9-SH-02-F NEUMEYER ESTATE, RESUB OF LOTS 1 & 2North side of Irwin Dr, west of Oakmeade Rd., Commission District 6.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

* 9-SI-02-F CLEAR VIEW HILLS, RESUB OF LOTS 1-8, 30 & 31South side of Clinton Hwy, east side of Farris Dr, west side of Allen Dr.,Council District 3.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

W 9-SJ-02-F LEE MAYSHARKSouth side of S. Northshore Dr, east of Audena Ln., Council District 2.

THIS ITEM WAS WITHDRAWN EARLIER IN THE MEETING.

P 9-SK-02-F CONRAD L. LOY PROPERTYNorthwest side of Maryville Pk, southwest of Woodson Dr., CommissionDistrict 9.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

P 9-SL-02-F GEORGIA FLYNN ESTATE, RESUB OF LOT 1Northwest end of Hewitt Ln, west of Couch Mill Rd., Commission District 6.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

P 9-SM-02-F PRATT FAMILY TRUST, RESUB OF LOT 18Southeast side of Dry Gap Pk, southwest of Rifle Range Dr., Council District5.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

* 9-SN-02-F RESUB OF KNOXVILLE NEWS SENTINEL SITE AND F.L. AMBRISTERWEST VIEW ADDN LOTS 16-23South side of Western Ave, east and west sides of News Sentinel Dr.,Council District 6.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

P 9-SO-02-F TWIN BROOKS, UNIT 5North end of Rambling Brooks Ln, north of Twin Brooks Blvd., CommissionDistrict 8.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

* 9-SP-02-F TURKEY CREEK, PHASE I, RESUB OF LOTS 1R - 2R-1 & 1R - 2R-3North side of Turkey Creek Dr, south side of I-40/I-75, Council District 2.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

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9-SQ-02-F MICHAEL SCHAAD, TRUSTEENorthwest side of Gleason Dr, southwest of Downtown West Blvd., CouncilDistrict 2.

STAFF RECOMMENDATION: Deny variance 1, approve variance 2 anddeny final plat.

Ms. Bonnie Curtiss: Denial is based on an incomplete plat and denial of the variance.

MOTION (BROWN) AND SECOND (SLACK) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 14-0. VARIANCE 1 AND FINAL PLAT DENIED.

* 9-SR-02-F STERCHI HILLS, UNIT 11West side of Dry Gap Pk, south side of Dante Rd., Commission District 7.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

9-SS-02-F WITHDRAWN PRIOR TO PUBLIC NOTICE

P 9-ST-02-F SHARI LOVE GRACE SUBDIVISIONSoutheast side of Hickory Creek Rd, south of West Gallaher Ferry Rd.,Commission District 6

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

P 9-SU-02-F POTOMAC PLACE, PHASE 2, UNIT 2North end of Presidential Ln, north of Beaver Ridge Rd., CommissionDistrict 6.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

16. ONE LOT SUBDIVISIONS

ONE LOT SUBDIVISIONS - OLD

P 4-V6-02 MCMULLEN ADDITION, LOT 6RWest side of S. Broadway, south side of World's Fair Park Dr., CouncilDistrict 6.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

P 4-V10-02 JOE G. & LOU L. TATE, RESUBDIVISION OF LOT 4RWest side of N. Cedar Bluff Rd, north side of Bob Gray Rd., CommissionDistrict 6.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

* 8-V3-02 ROSEDALE LAND CO. ADDN, RESUB LOTS 249, 250 & 251South side of O' Neal St, east side of Ohio Ave., Council District 5.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

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P 8-V5-02 R & S DEVELOPMENT PROPERTYNorth side of Middlebrook Pk, east side of Amburn Ln., Commission District5.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

* 8-V6-02 P. M. SMITHS ADDN TO FOUNTAIN CITY CO., RESUB OF LOTS 28, 21 &PART OF 22East side of Rondo Rd, west side of Jacksboro Pk., Council District 4.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

ONE LOT SUBDIVISIONS – NEW

P 9-V1-02 R. E. ARMSTRONG ADDITION, RESUB OF LOT 5West side of Ault Rd, south of Buffat Mill Dr., Council District 4.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

* 9-V2-02 ISAIAH'S LANDING, RESUB OF LOT 7 AND ADDITIONAL LANDSWest side of Millertown Pk, south side of South Mall Rd., Council District 4.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-V3-02 PROPERTY OF JUDITH SUE PERKINS & SHIRLEY ANN KYLEWest side of Cannon Ln, east of Carter School Rd., Commission District 8.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-V4-02 DONALD WILLIAM TIPTON, JR & PATRICIA BEELER TIPTONEast side of Wallace Rd, northeast of Elm Hill Cr., Commission District 4.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-V5-02 JIM STEWART PROPERTYSouth side of E. Emory Rd, east side of Elegant Dr., Commission District 7.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-V6-02 B.H. SPRANKLE'S 8TH ADDITION, RESUB OF LOT 883RSouth side of Mynatt Ave, southeast of Cary St., Council District 6.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

P 9-V7-02 RESUB OF CONE OIL COMPANY, INC. AND STEVEN & ELAINEPATTERSON PROPERTYEast side of Canton Hollow Rd, south side of Kingston Pk, CommissionDistrict 5.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

17. REZONINGS

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Rezonings recommended for approval on consent are marked (*). They will beconsidered under Item 7 by one motion to approve.

REZONINGS - OLD

P 3-N-02-RZ CITY OF KNOXVILLE, BY MAYOR VICTOR ASHESoutheast corner of the intersection of Union Avenue and Walnut Street(420-430 Union), Rezoning from C-2 (Central Business District) to C-2(Central Business District)/H-1 (Historic Overlay) and design guidelines. TaxID 94 L F 021, Council District 6, Central City Sector.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

W 8-A-02-SP JACK SUMNERNortheast side Watt Rd., south of I-40/75. Request Southwest CountySector Plan Amendment from LDR (Low Density Residential) and SP (SlopeProtection) to C (Commercial) and SP (Slope Protection). Tax ID 151 4(western part), Map on file. Commission District 5, Southwest CountySector.

THIS ITEM WAS WITHDRAWN EARLIER IN THE MEETING.

W 8-B-02-RZ JACK SUMNERNortheast side Watt Rd., south of I-40/75. Rezoning from PR (PlannedResidential) to CB (Business and Manufacturing). Tax ID 151 4 (Part), (Mapon file.) Commission District 5, Southwest County Sector.

THIS ITEM WAS WITHDRAWN EARLIER IN THE MEETING.

* 8-F-02-RZ CITY OF KNOXVILLEEast side Simmons Rd, northeast of Lovell Rd, north of Parkside Dr.,Rezoning from No Zone to C-4 (Highway and Arterial Commercial). Tax ID131 J A 31, 32, and 32.01. Council District 2, Southwest County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

REZONINGS - NEW

9-A-02-RZ RUSS AMANNSSouth side Cunningham Rd., east of Dry Gap Pike, Rezoning from A(Agricultural) to RA (Low Density Residential). Tax ID 47 E B 10,Commission District 7, North County Sector.

STAFF RECOMMENDATION: Approve RA (Low Density Residential).

Mr. Russ Amanns: 7920 Cunningham RoadRequest you approve what staff recommended. Compatible with lowdensity residential.

Mr. Albert Hurst: 1533 Forester RoadMy property adjoins this property on west side. Lived here for 55 years.Property is a swamp and in the floodplain. Runoff flows all the way toBeaver Creek. Floods Foster Road and Cunningham Road. This land is full

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of crawfish with a spring. What is proposed to do about drainage? Did notknow could drain marshland. The two branches come together on myproperty. Halls Utility got stuck when they tried to put pipe in. Think it shouldbe withdrawn.

Mr. Ken Pruitt: One of Ms Pionke’s people with the Department of Engineering has lookedat the property and the soils map. They were not able to get on the propertybecause of thick undergrowth. They are aware of the soil conditions are faras not being able to fully develop this property as RA zoning will allow. Thatmatter will be reviewed as part of any subdivision proposal. Primaryconcerns are that it be on sewer and that there be no basements in thestructure if there is a high water table.

MOTION (BROWN) AND SECOND (BAKSA) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 14-0. RA (LOW DENSITY RESIDENTIAL)APPROVED.

Mr. Whitaker: Acknowledged Ken Pruitt’s contribution to rezoning reports’ commentsection which now follows an outline that appears in our AdministrativeRules.

9-A-02-SP NED FERGUSONNorth side E. Emory Rd., southeast of Greenwell Rd. Request NorthCounty Sector Plan Amendment from LDR (Low Density Residential) toMDR (Medium Density Residential). Tax ID 38 14, Commission District 7,North County Sector.

STAFF RECOMMENDATION: Deny MDR (Medium Density Residential).

Mr. Ken Pruitt: Area is single family residential development. The 5.4 acre tract could bedeveloped under Planned Residential zoning at 5 units per acre consistentwith the plan. Given the surrounding land use and development pattern, aswell as the access to E. Emory, we feel that is the most appropriatedevelopment pattern and density. Deny this application.

Mr. Ned Ferguson: Land Surveyor representing Wingate Development. 3017 Shropshire Blvd,Powell. DISTRIBUTED COPIES OF A BROCHURE WHICH BECOMES APART OF THESE MINUTES.This shows the development proposed. It is consistent with the areadevelopment with the exception of the 35-foot peripheral setback. Mainreason RB is requested rather than PR is the shape of the property. If youtake a 35-foot setback around the whole thing and it makes a large areaunusable and unfeasible. They are asking for 26 units on 5.5 acres, which isless than what PR calls for. Not trying for high-density development. Weneed a 20-foot peripheral setback. Condos proposed to be 2-3 bedroomswith 2 car garages with 14,000 to 1800 sq. feet each ranging in price from$140,000 to $163,000. We believe this is consistent with surroundingdevelopment and the area.

Ms. Janice Weaver: 2807 Emory Road 37938HANDED OUT A LETTER AND MAP WHICH BECOMES A PART OFTHESE MINUTES. This property adjoins my property and I owned it at onetime. I am not against development as long as tasteful. There was a field

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behind our house that we mowed and looked like grass. It does not anymorebecause of water off of Meadowcrest Subdivision that also adjoins thisproperty. I did not object to Meadowcrest Subdivision because I saw theplats and drainage basin, which they promised would hold the water back.There is a 48” pipe from Meadowcrest that comes to two 24-inch pipes thatcomes out on my field. In heavy rains the water is to my knees. We cannotplant corn. We used to have corn and cows. My husband and I desire to puta barn and horses down there but there is no way with heavy rains. Hopewhen Emory Road is done there will be a new pipe which should carry morewater. Concern is to make sure no more water is put on us than we alreadyhave. This development is uphill, I am downhill and water runs downhill. Donot need any more water on me. Is there something I can do about thewater I have already?

Ms. Barbara Lyndell: 2812 Breezy Lane MeadowcrestEmory Road is going to be widened. There is concern over water which isknee deep for days. Concerned about traffic this new subdivision will bring.If they put 30 condos on 5 acres with a main entrance on the horrible S-curve on Emory Road, I am concerned about that. Concerned do not wantto see vegetation taken down so will not have to look at these condos.Asking if vegetation could be left up.

Mr. Norman Whitaker:Application is for RB which means no development plan coming back toyou for use on review. RB allows up to 12 units per acre without a use onreview.

Mr. Ferguson: Drainage could be a problem no matter what development goes in on theproperty. Weaver property lies south and a road is proposed along entirelength of property line. All the water will be carried to water system in theroad which would be carried to detention basins at the entrance. EmoryRoad Plan calls for this portion to be bypassed.

Mr. Larry Smith: For that area that is a good development. I agree with staff recommendationthat it is out of character with the area. In the future it may get better.

MOTION (SMITH) AND SECOND (BROWN) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 14-0. MDR (MEDIUM DENSITY RESIDENTIAL)DENIED.

9-B-02-RZ NED FERGUSONNorth side E. Emory Rd., southeast of Greenwell Rd. Rezoning from A(Agricultural) to RB (General Residential). Tax ID 38 14, CommissionDistrict 7, North County Sector.

STAFF RECOMMENDATION: Deny RB (General Residential)

MOTION (SMITH) AND SECOND (BAKSA) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 14-0. RB (GENERAL RESIDENTIAL) DENIED.

* 9-C-02-RZ WILLIAM FARNHAMNorthwest side Tazewell Pike, northeast of Shannondale Rd, Rezoning fromRA (Low Density Residential) to PR (Planned Residential). Tax ID 49 23,Commission District 7, North City Sector.

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THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

9-D-02-RZ R.W. GRAFSouth side Woodson Dr., east of Spring Creek Rd., Rezoning from R-1(Single Family Residential) to RP-1 (Planned Residential). Tax ID 122 K B001, Council District 1, South County Sector.

STAFF RECOMMENDATION: Approve RP-1 (Planned Residential) at adensity of 1 to 5 dwelling units per acre

Mr. DICK GRAF RECUSED FROM DISCUSSION OR VOTING ON THIS ITEM.

Mr. John King: Representing Mr. GrafStaff recommendation is to approve Planned Residential at a density of 1-5dwellings per acre. It says that Planned Residential at a low density iscompatible with the scale and intensity of development in the area.

Mr. Greg Massey: 5004 Spring Creek RoadRead a letter to Mr. Whitaker: Asked who owned property and what type ofdevelopment he was planning. On September 9 called MPC to ask aboutstaff recommendation. I was told they had approved the changes. Spoke toMr. Pruitt of MPC and after talking with Mr. Hultquist drafted letter to Mr.Whitaker. Father moved to Knoxville 1952 and built family home on 4040Maloney Road. Woodson Drive, Belt Road and Springcreek Road andevery other road in this neighborhood have not changed in the past 40years. These road are dangerous because Woodson is narrow with noshoulder, large commercial fertilizer trucks are dodging tree limbs andshoving motorist and school buses off the road. Woodson Drive is wedgedbetween a mountain and a blueline stream called Spring Creek. This ispremature. MPC has overlooked the blueline stream. Creek rises abovenormal levels at times. Blueline streams are protected and developers mustapply for permits to do anything to them. Developer should contact CityEngineering prior to any zoning changes. Talked with TVA, US Army Corpsof Engineers, Tennessee Department of Environment and Conservation andCity Engineering describing what he proposes to do. Many of theseagencies feel this property is very limited in it use and the developer may bewasting his time by not consulting them first. Their information will help thedeveloper understand land use. Our neighborhood is mostly RA or R-1.

Mr. Bob Smith: 2324 Buena Vista DriveHave petition from neighborsRequest MPC consider postponing or tableing this until additionalinformation can come forth on proper use of the land. Density will not allowfor this proposal.

Mr. King: All agencies involved are necessary to protect concerns of the area. Mostconcerns are the kind of concerns to be dealt with at the time of theproposed plan for development. Ask that you go forward with the rezoning.I have lived in this area 30 years. I agree that throughout this county thereare roads that are narrow. Woodson Drive is a 20-foot wide road and betterthan other county roads. I do not think it is as harrowing as Mr. Masseydescribed. Concerns will be dealt with as part of the development plan.

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Ms. Brown: Won’t that plan come back before this body again?

Mr. Whitaker: Yes, when wetlands or blueline streams are involved we recommend RP-1zoning. Under RP-1 the owner cannot do anything until they bring a siteplan to MPC and have that plan approved at a public hearing. Under R-1they would come back with a subdivision proposal and only be evaluated inaccordance with the subdivision ordinance. In the RP-1 zone they have tomeet subdivision standards and some more qualitative standards. Address,traffic and zoning can be dealt with at that time. Not big difference inrequested and existing in density.

MOTION (SMITH) AND SECOND (DONALDSON) WERE MADE TO APPROVE STAFFRECOMMENDATION.

Mr. Massey: I talked to all these agencies and they said to come down and put permits in.By the time they get through determining what needs to be protected therewill not be enough land to build on.

Mr. Whitaker: Those issues are better addressed in the RP-1 than the R-1 zone. RP-1plans are typically approved requiring having the permits in hand from all therelevant environmental agencies before doing anything.

MOTION CARRIED13-0-1. RP-1 (PLANNED RESIDENTIAL) APPROVED.

MOTION (BROWN) AND SECOND (SLACK) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 13-0-1. RP-1 (PLANNED RESIDENTIAL) AT ADENSITY OF 1 TO 5 DWELLING UNITS PER ACRE APPROVED.

* 9-E-02-RZ HELEN C. PAINTEREast side Beaumont Ave., south side Sidebrook Ave., Rezoning from R-2(General Residential) to C-1 (Neighborhood Commercial). Tax ID 94 C A038, Council District 5, Central City Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-F-02-RZ EMILY GODDARDEast side Lindsay Place, north side Sullins St., Rezoning from R-2 (GeneralResidential) to O-1 (Office, Medical, and Related Services). Tax ID 108 B C11, Council District 2, Central City Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

9-B-02-SP JOSEPH G. CROWESoutheast side Tipton Ln., south of E. Beaver Creek Dr. Request NorthCounty Sector Plan Amendment from LDR (Low Density Residential) to C(Commercial). Tax ID 57 123, Commission District 7, North County Sector.

STAFF RECOMMENDATION: Deny C (Commercial).

Mr. Ken Pruitt: Surrounded by scattered single family residential subdivision development.Would be spot zoning of commercial. The property is designated for low

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density residential. Truck traffic would have to come down a local street foraccess. Inappropriate for commercial use. Recommend denial.

Mr. Joseph Crowe: OwnerTrying to be able to lease building to an acquaintance of mine. Have a 28sq. ft building which I do not use. Probably should have asked for a use onreview. I probably filed my application wrong.

Mr. Ken Pruitt: We had some initial discussion to permit under present agricultural zoning. Ifyou are inclined to support use for doors and windows by a millwork, youcan certainly suggest that MPC refund his money or allow his application tobe revised to permit indoor storage under current zoning and submit at thenext meeting of the Planning Commission.

Mr. Whitaker: Suggest you allow him to postpone or withdraw. Withdraw the rezoning andwe will credit his fee toward a use on review application and can have backnext month as a use on review. We will substitute rezoning fee for use onreview fee. If you are still overcharged, we will refund back to you. Cannotguarantee staff will recommend approval of use on review, but you shouldhave fewer issues to deal with.

MOTION (SMITH) AND SECOND (BROWN) WERE MADE TO WITHDRAW. MOTIONCARRIED 14-0. WITHDRAWN.

9-G-02-RZ JOSEPH G. CROWESoutheast side Tipton Ln., south of E. Beaver Creek Dr. Rezoning from A(Agricultural) to CA (General Business). Tax ID 57 123, Commission District7, North County Sector.

STAFF RECOMMENDATION: Deny CA (General Business).

MOTION (SMITH) AND SECOND (BROWN) WERE MADE PREVIOUSLY TO WITHDRAW.

* 9-H-02-RZ CITY OF KNOXVILLENorth side Kingston Pike, east side Perimeter Park Rd., Rezoning from NoZone to C-4 (Highway and Arterial Commercial). Tax ID 131 E B 001,Council District 2, Southwest County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-I-02-RZ SAM KECKNorth east side Chapman Hwy., northwest side White School Rd, Rezoningfrom CA (General Business) to OB (Office, Medical, and Related Services).Tax ID 138 082, Commission District 9, South County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

9-C-02-SP E. DOYLE JOHNSONEast side Washington Pike, north of Shipe Rd. Request Northeast CountySector Plan Amendment from AG/RR (Agricultural / Rural Residential) toLDR (Low Density Residential). Tax ID 31 043, 045.24, Commission District8, Northeast County Sector.

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STAFF RECOMMENDATION: Approve LDR (Low Density Residential).

Mr. Campbell: Ask approval and we have approval of Northeast Knox PreservationAssociation.

MOTION (SMITH) AND SECOND (BROWN) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 14-0. LDR (LOW DENSITY RESIDENTIAL)APPROVED.

9-J-02-RZ E. DOYLE JOHNSONEast side Washington Pike, north of Shipe Rd. Rezoning from PR (PlannedResidential) @ 2 du/ac to PR (Planned Residential) @ 3 du/ac. Tax ID 31043, 045.24, Commission District 8, Northeast County Sector.

STAFF RECOMMENDATION: Approve PR (Planned Residential) at adensity of 3 dwelling units per acre.

MOTION (SMITH) AND SECOND (BROWN) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 14-0. PR (PLANNED RESIDENTIAL) AT ADENSITY OF 3 DWELLING UNITS PER ACRE APPROVED.

A BREAK WAS TAKEN FROM 3:28 P.M. TO 3:40 P.M.

MS. MARY SLACK LEFT THE MEETING AT THIS TIME.

* 9-K-02-RZ ABE TAYEHSouth side Everett Rd., east of Watt Rd., north side I-40/75, Rezoning fromA (Agricultural) to CB (Business and Manufacturing). Tax ID 141 64,Commission District 6, Northwest County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-L-O2-RZ CITY OF KNOXVILLESouth side Luscombe Dr., north, south and west side of Sherbourne Dr.,Rezoning from No Zone to R-1 (Single Family Residential) Tax ID 133 G B1,2,3,4,8,9,10,12, 133GA27, Council District 2, West City Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-M-02-RZ CITY OF KNOXVILLESouth side Sabre Dr., east side Noragate Rd., northeast side Luscombe Dr.,southwest side Aeronca Rd., Rezoning from No Zone to R-1 (Single FamilyResidential). Tax ID 133 B J 1,5,10,15,23,28, 133BK1,7,29. Council District2, West City Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-N-02-RZ CITY OF KNOXVILLENorthwest side Normandy Dr., west of Noragate Rd., Rezoning from NoZone to R-1 (Single Family Residential). Tax ID 133 G A 9, Council District2, West City Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

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* 9-O-02-RZ CITY OF KNOXVILLEEast side Lovell Rd., south side Simmons Rd., Rezoning from No Zone toC-4 (Highway and Arterial Commercial). Tax ID 131 J A 29.02 (part).Council District 2, Southwest County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-P-02-RZ CITY OF KNOXVILLEROW of Park West Blvd. and south side Park West Blvd., north side I-40/75,southwest of Park 40 North Blvd., Rezoning from No Zone to C-6 (GeneralCommercial Park) or PC-1 (Retail and Office Park). Tax ID 119 18.47 (Part),ROW of Park West Blvd. (Map on file). Council District 2, Northwest CountySector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

18. USES ON REVIEW

Uses on Review recommended for approval on consent are marked (*). They will beconsidered under Item 7 by one motion to approve.

USES ON REVIEW - OLD

8-E-02-UR EVERETTE IVEYSouth side of Callaway Ave., west of Arthur St. Proposed use: Homeoccupation for make up artist & reflexology in R-1A (Low DensityResidential) District. Tax ID 94 F H 33, Council District 6, Central CitySector.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

8-G-02-UR RONALD AARON SCOTT, JREast side of Helmbolt Rd, southeast of West Pine Ln. Proposed use: Two-family dwelling in R-1 (Single Family Residential) District. Tax ID 106 C A16.01, Council District 3, Northwest County Sector.

STAFF RECOMMENDATION: Deny the request for a two-family dwelling atthis location.

Mr. Dan Kelly: As Helmbolt comes off Frances you go around a sharp curve and existingdriveway is located on the northern side of the property. Looking back tothe south on Helmbolt you only have approximately 150 feet of sightdistance to the south. For that reason we feel it an unsafe location for adriveway and recommend denial.

Mr. Aaron Scott: ApplicantAppreciate opportunity of having conditions such as chopping off the bank,putting a mirror or guardrail up or a sign. I was always concerned abouttraffic around that corner. Right around the corner is a stop sign so peopleare going a low speed. Also a subdivision West Pine Row across the street.Appreciate opportunity to have conditions put before me even to excavatethe whole hill.

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Ms. Tereas Ledbetter: 6316 Creekhead Drive around the cornerHelmbolt is an access right off of Francis Road. People use this as a mainthoroughfare. About 45 people support MPC’s denial decision. Primaryreason is truly a sight safety issue when looking at pedestrian and vehiculartraffic.

Mr. Dan Kelly: Single family dwelling on the property. They have divided it and under thecurrent zoning they would be able to build one more single family dwellingon the property. There is no other place to put a driveway on this property.We looked at excavating the hill. The issue at that point is all the hill is noton their property. Part is on the adjoining property owner’s property. Theycould excavate on their property and still not solve the problem because it ison the adjoining property.

Mr. Scott: I do have every intention of using the same driveway. When I look atexcavating part it seems feasible without touching the adjoining property. Itis more of a vegetation thing. If I remove the 5-inch trees that would openup the view more.

Mr. Dick Graf: Seems to me a sight distance issue. If we deny this, he could grade hisbank down and reapply and would probably be approved.

Ms. Jean Teague: This is a safety issue because children catch bus in this area.

MOTION (TEAGUE) AND SECOND (SMITH) WERE MADE TO APPROVE STAFFRECOMMENDATION.

Mr. French: Are we saying property is unusable.

Mr. Whitaker: Saying he could get one single family dwelling on the property. It is not areasonable use for a duplex because of sight distance .

Mr. Scott: Is the concern an additional door?

Mr. Whitaker: That would not address the sight distance issue.

Mr. Scott: If I reevaluate sight distance what is it? 300 feet. Okay.

MOTION CARRIED 13-0. DEVELOPMENT PLAN DENIED.

* 8-I-02-UR H.R. DAVIS GENERAL CONSTRUCTION, INC.Northeast side of Idlewood Ln, southeast of Gleason Dr. Proposed use:Condominiums in PR (Planned Residential) pending District. Tax ID 1337,Commission District 5, Southwest County Sector.

USES ON REVIEW - NEW

9-A-02-UR MISS TIFFANY'S PLAYCARESouthwest side Kentwood Rd., northwest of Merchant Dr. Proposed use:Child Day Care Center in R-1 (Single Family Residential) District. Tax ID 68K D 011, Council District 5, Northwest City Sector.

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STAFF RECOMMENDATION: Approve the request for a child day carecenter at this location to serve up to 8 children as shown on thedevelopment plan subject to 5 conditions.

Ms. Tiffany: 2609 Kentwood RoadIt has been a dream of mine to stay at home with 3 boys and work at home.By speaking to most of neighbors and DHS there is a great need for thisservice in our community. There are no other family day cares in ourimmediate area. The closest one is in Fountain City and the other about 15blocks away. As far as traffic we will have 8 children that only brings in anextra 3 additional cars every day. Of those vehicles coming are parentstransporting children and they would drive careful. Arrival and departuretimes are staggered so not a constant stream of traffic in the neighborhood.This is not going to be a group home for wayward children. Children will notbe able to roam the neighborhood. MPC and DHS require the children beenclosed in a fenced area. We will be babysitting children from 18 months to6 years under constant supervision of three adults and constant DHSsupervision. One misconception was that we were building a separatebuilding for daycare. We are enclosing a porch to create extra space for mychildren as well as during the day. There will be no signs. Outwardappearance will remain as a home. Spoken to real estate professionals andreal estate does not go down. To the contrary property value has gone upbecause of our addition. Neighborhood is in state of transition. Youngfamilies with children are outnumbering older residents. We are providing amuch-needed service to the young families that are now in ourneighborhood. SUBMITTED PETITION IN SUPPORT WHICH BECOMES APART OF THESE MINUTES.

Mr. David Bacon: 406 Union Avenue representing 42 residents of Kentwood Road and DavidaABOUT EIGHT PEOPLE STOOD IN OPPOSTION, HANDED OUTPETITION WITH 42 IN OPPOSITION WHICH BECOMES A PART OFTHESE MINUTESOpposing because this is an area of single family residences. It is a quietand peaceful neighborhood. This is going to start a business in a residence.Business will inevitably begin to change the character of the neighborhood.Second reason is shown by pictures on the back of petition. Curve goesdown the hill and is narrow. If cars approach one another one has to stopand give way. It has been stated that the maximum traffic increase is 3 carsa day. We find it incredible to believe and in fact it will be much greater thanthat. What is to stop traffic from overflowing from one driveway to another?See how narrow the driveway is with no separation between it and adjoiningproperty. If more than one car is in the driveway, would not be able to turnaround and would be backing out onto street. .

Ms. Susan Brown: I just counted the signatures on your petition. There are 41 in support. Inoticed a couple of streets were in the neighborhood. Is it accurate that ofthe 41 people that signed the petition they are in that neighborhood.

Ms. Tiffany: About 30 are surrounding neighbors. I have been working with MPC on theparking requirements. We far exceed the parking requirements and do haveadditional space. We understand our parents not allowed to back out ontoKentwood Drive and we have provided turnaround space at the back of theproperty. As far as noise level, I cannot guarantee you will not hear a child

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here and there. We are a block away from Wallace and they have close to100 children that use their playground. Plus we are in close proximity to theinterstate. It is a quiet neighborhood, but there are noises to be heard at anygiven time during the day.

Mr. Graf: How many children are you going to have other than your own?

Ms. Tiffany: Eight plus my three equals 11 total.

Mr. Graf: How did you say 3 people bringing 8 children?

Ms. Tiffany: There would be 3 additional. I would plan on 8 cars coming and going. Wecan have up to 12 full time and 3 part time. We do not have adequateparking space for that.

Mr. Larry Smith: I think it is out of character for the neighborhood. You have a big day careright down beside it in Wallace Memorial.

Ms. Tiffany: That is not a family daycare. A lot of parents would rather have theirchildren in a family environment than in a sterile daycare environment.

Mr. Smith: I am concerned about parking too.

MOTION (SMITH) AND SECOND (TEAGUE) WERE MADE TO DENY.

Mr. Rusty Baksa: We always have issue of a daycare not being in the character of theneighborhood. Therefore we would never have a daycare in a home. Theapplication seems reasonable with adequate parking. It is close to MerchantRoad. She might be drawing some clients from within the neighborhood. If theyare coming in, they might be coming in from Kentwood. As far as the argumentof it not being in character of the neighborhood, every use on review for adaycare has the same issue against it. This is a reasonable request.

Mr. Benefield: I have similar comments. Everything in one zone does not have to be identicalthrough and through. I think a small-scale family operation limited to the range of8 is a healthy mix of uses. I think it is a good use.

MOTION FAILED 2-11.

MOTION (BAKSA) AND SECOND (BENEFIELD) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 11-2. DEVELOPMENT PLAN APPROVED.

P 9-B-02-UR LUCINDA DALTONSoutheast side Stone Rd., southwest of Chapman Hwy. Proposed use:Childcare center for up to 24 children in R-1 (Single Family Residential)District. Tax ID 123 F H 33, Council District 1, South City Sector.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

9-C-02-UR ARTHUR G. SEYMOUR, JR.Southwest side Rosalyn Dr., northwest side W. Mona Ln. Proposed use:Law office as a home occupation in R-1 (Single Family Residential) District.Tax ID 82 L K 8, Council District 6, East City Sector.

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STAFF RECOMMENDATION: Approve this request for a law office in the R-1 district subject to 6 conditions.

Ms. Mamosa Foster recused from discussion or voting on this item.

Mr. Arthur Seymour, Jr: Okay with staff recommendation.550 Main Avenue on behalf of Ms. RollinsThis is necessitated by the recent illness of her husband. She needs to benear to take care of him. Her office was formerly in the Old City.Reasonable because she is not even asking for a sign. Intending to practicelaw in her home. Staff limits two clients at a time to her home. Modernpractice of law does not require a lot of coming and going. Informationcomes by mail, telephone, e-mail and fax. She would have little coming andgoing. Her next door neighbor Ms. Harper has submitted a statementsupporting this practice because it is compatible with the neighborhood.

Ms. Kim Jones: 3206 Mona LaneOpposed to this. HANDED OUT MATERIALS WHICH BECOME A PARTOF THESE MINUTES. The primary reason I am opposed is because itviolates the subdivision declaration. First point reads “no lot or lots shall beused for other than single family residence purposes.” On page 2 the 10points reads “as covenants are to take effect immediately and shall bebinding on all parties…until June 1, 1987 at which time said covenants shallautomatically be extended for successive periods of 10 years unless by voteof the majority of then owners of the lots it is agreed to change suchcovenants in whole or in part.” Home occupation violates our bylaws. Iresearched this at the Register of Deeds office with the assistance of BobWatkins, and there have been no amendments to this document since 1967.Second reason is because of the inevitable traffic congestion. Inconsistentwith the subdivision’s character to have business in the neighborhood. Myneighbors are more adamant than I am. Petition was circulated throughoutthe neighborhood because my neighbors were upset with all the throughtraffic. Goal of the petition was to make Rosalyn Drive, which is the addressthat the applicant lives on, a one-way street instead of two-way street. Thethird reason is I believe it would set a bad precedent. We have beenconsistent in our opposition to home occupations. We opposed successfullya daycare center and garage. She can rent office space as most otherlawyers do. I question the character of some of the clients she serves.

Mr. William Jones: 3206 Mona LaneWe have been here on several occasions about other businesses and weare being consistent. Nothing has changed. I think it is appalling thatsomeone can come into my neighborhood after I have been there for 30years and change the character of my neighborhood. I think you will approveit. We will be back if these agreements are not adhered to.

Mr. Seymour: The deed that Mr. and Ms. Rollins has makes no reference to thesesubdivision restrictions. As you have stated time and time again, those area matter of private contract. She and Mr. Rollins signed the petition on theneighborhood traffic. That was in response to another issue. They were inagreement on that issue.

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Ms. Rollins: I am very proud to be an attorney. I have clients that are all colors in allwalks of life. I do not have a criminal element. My practice concentration isa civil practice. I do wills, estate, probate and Title VII employment law.Allegations made against me are heart-rending because I work so hard formy community. I had run for office in my community because I want to dothe right thing for my community. Ms. Harper neighbor will speak to this.Because my husband has suffered with cancer on two occasions, the OldCity became too dangerous to keep my practice there. Out of necessity Iwas forced to move. I moved into a wonderful neighborhood. I had no ideathat a petition had been circulated about me.

Ms. Harper: When the house next door to me became vacant, I was fearful. I was fearfulbecause I just lost a husband. I was fearful because drug dealers or suchcould have bought the house. I was thankful the Rollins bought the housebeside me. I hope it will remain as it is.

Mr. Herb Donaldson: On behalf of the neighborhood. It is one of the most up-to-dateneighborhoods in the country and a wonderful place to live. I doubt if a drugdealer would be trying to buy a home in Orchid Hills. I am opposed toanybody moving into the area doing commercial work.

Ms. Jean Teague: Do you live in the house. I could not find an occupant listed.

Ms. Rollins: I live on Rosalyn Drive. The people that oppose me do not live in theneighborhood. The people that live near me and closest to me are thepeople that you see sitting right here. I bought the house in August of 2001and moved in April 2002 because my husband was ill. This is my home wehave put all of our money into it.

MOTION (DONALDSON) AND SECOND (TEAGUE) WERE MADE TO DENY.

Mr. Philip French: I am a CPA which is a similar profession to an attorney. I can performeverything I do within the walls of my home and no one would know what I amdoing other than living in my home. If I occasionally had a client come by, it is nodifferent than having a friend come by. I do not think a home occupation of alawyer, an accountant or something similar is going to degrade the quality of aneighborhood. If you have a home occupation with a lot of traffic and signs, I canunderstand that.

UPON ROLL CALL VOTE (YES TO DENY) THE PLANNING COMMISSION VOTED ASFOLLOWS:

BAKSA NOBENEFIELD NOBROWN YESDONALDSONYESGRAF YESLEWIS NOMARTELLA NOMASSEY YESSMITH YESTEAGUE YESVITTETOE NO

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FRENCH NO

MOTION FAILED 6-6-1.

Mr. Rusty Baksa: I am a professional engineer and have worked out of my home. I wouldexpect that an attorney would have more foot traffic. I do not know and wouldlike to know more about the concerns.

MOTION (DONALDSON) AND SECOND (SMITH) WERE MADE TO POSTPONE UNTIL THEOCTOBER 10, 2002 MPC MEETING. MOTION CARRIED 11-1-1. POSTPONED UNTIL THEOCTOBER 10, 2002 MPC MEETING.

P 9-E-02-UR WILLIAM W. ALLENSouth side Dutchtown Rd., west of N. Cedar Bluff Rd. Proposed use: Dogkennel for up to 24 dogs in A (Agricultural) District. Tax ID 119 J A 5,Commission District 5, Northwest County Sector.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

P 9-F-02-UR VICTOR JERNIGANSouth side of E. Emory Rd., east side of Birdie Ln. Proposed use: Multi-family townhouses in PR (Planned Residential) District. Tax ID 38 037,Commission District 7, North County Sector.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

* 9-G-02-UR WILBURN L. NEWSOMSouth side of Neal Dr., west of Maynardville Pike. Proposed use:Office/warehouse building (3 units) in PC (Planned Commercial) District.Tax ID 38 N B 6.02, Commission District 7, North County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

9-H-02-UR NEXTEL SOUTH CORP.South side of Clinch Ave., west side of S. Seventeenth St. Proposed use:30' Commercial Telecommunications Tower – rooftop location in C-7(Pedestrian Commercial) District. Tax ID 94 N J 015, Council District 1,Central City Sector.

STAFF RECOMMENDATION: Approve the development plan for a 30-foottelecommunications tower on top of an existing building subject to 7conditions.

Mr. Arthur Seymour, Jr. On behalf of applicant.First condition requires a change in the antenna array. We are willing toaccept that condition. Mr. Brechko and Mr. Perry are out of town and weare trying to get clarification on this. We may need to come back on thatcondition. Ask that it be approved per staff recommendation today.

MOTION (BAKSA) AND SECOND (BROWN) WERE MADE TO APPROVE STAFFRECOMMENDATION. MOTION CARRIED 13-0. DEVELOPMENT PLAN APPROVED.

9-I-02-UR LISA NGO

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North side Gleason Dr., west of Montvue Rd. Proposed use: Nail salon as ahome occupation in R-1 (Single Family Residential). Tax ID 120 J D 9,Council District 2, West City Sector.

STAFF RECOMMENDATION: Approve the request for a nail salon as ahome occupation in the R-1 district subject to 8 conditions.

Ms Yvette Moore: 1809 Francis RoadFriend of applicant, Lisa. I speak for her. The state is closing the buildingwhere she is now. There are so many nail shops in the different smallareas. Lisa has two children who attend West Hills Elementary. Instead ofmoving to Halls or Karns, she wants to keep it close to West Hills to be ableto pick up her children. She is not asking for a place to build a building .Only sign on her home would be on the right hand corner that would tell youthat was Lisa’s Nail Shop. She has a circular drive and the only traffic wouldbe 3-4 cars a day. That is a high traffic area itself located near restaurantsand the back entrance to Bearden High School and near West Town Mall.

Mr. L. N. DeBoard: 7914 Gleason Road, On behalf of 179 property and homeowners onGleason Road south of this in a neighborhood called The MeadowsWe want this neighborhood to remain residential and not be turned into acommercial retail strip with undesirable aspects such as signing, heavytraffic, parking and devaluation of properties. Ingress and egress isunsatisfactory for a retail business. Gleason Road has five traffic lanes fromMorrell Road to about 50 feet of this lady’s property. At that point it turns intotwo lanes and narrows in right at her property. With additional traffic due towidening Kingston Pike, this will compound the existing traffic problem onGleason Road. It is so hard to believe our zoning laws are so deluded thatwe would even consider this property for a business. Before even making apositive response to this application, we request this Commission to makeanother traffic study at the location and get more input from the tax payinghomeowners in this area. Have 58 signed written statements fromhomeowners in The Meadows. Have verbal statement from the other 150.SUBMITTED FOR RECORDS.

Mr. Charlie Cottrell: 7941 Stratton Drive, West Hills SouthwestRepresenting about 104 homes in that area. ABOUT 13 PEOPLE STOODIN OPPOSTION.This is a residential area. It would be better served if it were in a retail area.There is plenty of space in Downtown West, Montview Shopping Center andMall near O’Charleys. No place available in the area cannot be the case.Several hundred high school kids travel that area every morning and everyafternoon. Police sit with radar guns on 50 mph and write tickets all daylong. I understand there are chemicals involved in this business and anexplosion a year or so ago. That puts all of us a risk. We ask that you stopthis travesty and protect our neighborhood.

Ms. Moore: Lisa pays her taxes and has two children. The Downtown West area andO’Charleys already have a beauty salon in the area and there is a nocompete law that says she cannot bring another salon within that area. Askthat she be able to support her children in the profession that she is in nowwithout having to change everything.

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Ms. Jean Teague: There are vacancies in Bearden. This is an area they are changing the exitfrom Morrell Road to Montvue. This will be coming right straight down toGleason Road. As a safety factor as well as a single family neighborhood,what one does is open the door for commercial into the area. This has beena single family stable neighborhood for years. Most people are at or nearretirement.

MOTION (TEAGUE) AND SECOND (SMITH) WERE MADE TO DENY.

Mr. Larry Smith: How many clients do you serve?

Ms. Moore: About 25 clients should go with her. She had about 75 until the shop closed.A client returns every 2-3 weeks.

Ms. Mildred Wright: 7908 Livingston DriveTheir backyard adjoins mine. Have a fear that if this happens I will belooking at a parking lot. I do not see how she can take care of them with acircular drive. Ask that you deny. We do not want it to go commercial.

MOTION CARRIED 11-2. DEVELOPMENT PLAN DENIED.

* 9-K-02-UR WAY OF THE CROSS BAPTIST CHURCHSoutheast side Forestdale Ave., east side of Whittle Springs Rd. Proposeduse: Fellowship hall addition to existing church site in R-2 (GeneralResidential) District. Tax ID 70 I J 5, Council District 5, East City Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-M-02-UR TODD GARRETTNortheast side Brickyard Rd., northwest side Levy Dr. Proposed use:Duplex in RA (Low Density Residential) District. Tax ID 56 K A Portion of 20,Commission District 6, North County Sector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-N-02-UR HOME FEDERAL BANKSoutheast side E. Magnolia Ave., northeast of Spruce St. Proposed use:Four two-bedroom apartment units in O-1 (Office, Medical, and RelatedServices) pending District. Tax ID 82 J M 4, Council District 6, Central CitySector.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

P 9-S-02-UR THE WILLIAMS COMPANYNorthwest side George Williams Rd., east and west sides of ConfederateDr. Proposed use: Multi-family apartments in PR (Planned Residential)District. Tax ID 132 42.02, Commission District 5, Southwest County Sector.

THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

9-T-02-UR CITY OF KNOXVILLE PARKS DEPARTMENT

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MPC Minutes September 12, 2002 Page 47

West side Bradshaw Rd., south of Pleasant Ridge Rd. Proposed use: Citypark in A-1 (General Agricultural) District. Tax ID 80 O A 1.01, CouncilDistrict 3, Northwest City Sector.

STAFF RECOMMENDATION: Approve the request for a City park in the A-1district subject to 6 conditions.

MOTION (BAKSA) AND SECOND (BROWN) WERE MADE TO APPROVE. MOTIONCARRIED 13-0. A-1 (GENERAL AGRICULTURAL) APPROVED.

19. OTHER BUSINESS

OTHER BUSINESS - OLDNone

OTHER BUSINESS - NEW

* 9-A-02-OB Consideration of amendments to the FY 2002-2003 budget.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-B-02-OB Consideration of staff report for Plans of Service.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

* 9-C-02-OB Consideration of MPC Executive Director Evaluation and Salary Plan.

THIS ITEM WAS APPROVED ON CONSENT EARLIER IN THE MEETING.

********

There being no further business, the Metropolitan Planning Commission meeting was adjournedin order at 4:47p.m.

Prepared by: Betty Jo Lamb

Approved by: Vi W. Whitmire, Administrative Services Manager

Approved by: Norman Whitaker, Executive Director

Approved by: Philip French, Chair

NOTE: Please see individual staff reports for conditions of approval and the staffrecommendation.