Minutes October 11, 2001

Transcription

1 Minutes October 11, :30 P.M. Main Assembly Room City County Building The Metropolitan Planning Commission met in regular session on October 11, 2001 at 1:30 p.m. in the Main Assembly Room, City/County Building, Knoxville, Tennessee. Members present at roll call were: * Arrived late to the meeting. ** Left early in meeting. 1. ROLL CALL Ms. Vi Whitmire called the role. 2 INVOCATION Mr. Philip French, Chair Mr. Richard Graf Mr. Rusty Baksa Ms. Sara Rose Ms. Susan Brown Ms. Mary Slack Mr. Herbert Donaldson, Sr ** Mr. R. Larry Smith Mr. Michael Edwards Ms. Patsy Vittetoe Ms. Mamosa Foster Mr. David Wolf Ms Susan Brown gave the invocation. 3 PLEDGE OF ALLEGIANCE Ms. Susan Brown led the Pledge of Allegiance. 4. APPROVAL OF MINUTES OF PREVIOUS MEETING DATED SEPTEMBER 13, 2001 MOTION (BROWN) AND SECOND (ROSE) WERE MADE TO APPROVE THE MINUTES OF THE PREVIOUS MEETING DATED SEPTEMBER 13, MOTION CARRIED MINUTES APPROVED. 5. APPROVAL OF AGENDA MOTION (VITTETOE) AND SECOND (ROSE) WERE MADE TO APPROVE THE AGENDA. MOTION CARRIED AGENDA APPROVED.

2 MPC Minutes October 11, 2000 Page 2 6. REQUEST FOR POSTPONEMENTS, WITHDRAWALS AND TABLINGS Items to be automatically Postponed (Indicated with P) Items to be voted on to be Postponed (Indicated with P) Items to be automatically Withdrawn (Indicated with W) Items to be voted on to be Withdrawn (Indicated with W) Items to be voted on to be Tabled (Indicated with T) Items to be voted on to be Untabled (Indicated with U) Items to be heard on Consent requiring a vote (Indicated with *) Automatic Postponements (as provided for in Article XII, Section 1.B of MPC s Administrative Rules and Procedures which allows automatic postponements when the request is received by 3:30 p.m. on the Monday prior to the Thursday MPC meeting) POSTPONEMENTS AUTOMATIC (Indicated with P) All items automatically postponed to the November 8, 2001 MPC Meeting: P 10-SB-01-C KENILWORTH SQUARE (FORMERLY ALLEN EDWARDS SUBDIVISION) Southeast side of Kenilworth Ln., east of Brice St., Council District 4. P 10-SC-01-C GARY MEEK North side of E. Emory Rd., northeast of Bell Rd., Commission District 8. P 10-SG-01-C CABOT RIDGE East end of Cabot Ridge Ln., east of Harvey Rd, Commission District 5. P 10-J-01-UR GLENNARD HARRINGTON East end of Cabot Ridge Ln., east of Harvey Rd. Proposed use: Detached single family subdivision in PR (Planned Residential) District. Tax ID 169 Pt 21 & Pt 21.01, Commission District 5, Southwest County Sector. P 10-SC-01-F ELIZABETH DOWNS, UNIT 1 West side of Copper Ridge Rd, northwest of Hillbrook Dr., Commission District 6. P 10-SD-01-F LITTLE VALLEY Northwest side of E. Raccoon Valley Dr, northeast of Andersonville Pk., Commission District 8. P 10-SE-01-F BRIAN K. AND STEPHANIE GAMBLE PROPERTY South side of Robinson Rd, east of Belle Terra Rd., Council District 3. P 10-SF-01-F DALTON PLACE, RESUB OF LOT 1 Northeast side of Central Avenue Pk, northwest of Woodlawn Dr., Council District 5. P 10-SK-01-F RAMBLING CREEK RUN Southeast side of E. Raccoon Valley Dr, southwest of Diggs Gap Rd., Commission District 6.

3 MPC Minutes October 11, 2000 Page 3 P 10-V2-01 FOUNTAIN CITY ADDTN TO KNOXVILLE, RESUB LOTS 10 & 11 AND PART OF LOT 50 Southeast side of Lynnwood Dr, northeast of Stanton Rd., Council District 4. P 10-V4-01 THOMAS R. HAVASY PROPERTY East side of Armstrong Ave, north side of Thompson Pl., Council District 4. P 10-E-01-RZ J. C. PERKINS Northwest side Callahan Dr., southwest of I-75, Rezoning from A (gricultural) to CA (General Business). Tax ID 68 14, Commission District 6, North County Sector. POSTPONEMENTS REQUIRING MPC ACTION (Indicated with P) Items to be postponed to the November 8, 2001 MPC Meeting: P 5-B-01-OA Consideration of amendments to the Knoxville Zoning Ordinance regarding multiple tenant development signs, directory signs, master signage plans, and related sections. P 9-A-01-OA Consideration of amendments to the Knox County Zoning Ordinance (Art. 3, Section 3.50, Off-Street Parking Requirements) dealing with parking stall size and layout of parking areas, and any amendments to related sections. P 10-A-01-OA Consideration of amendments to the Knox County Zoning Ordinance revising setback requirements for commercial telecommunications tower and other related sections. P 7-SD-01-F L. J. SATTERFIELD PROPERTY East side of Cooper Rd, south of S. Carter School Rd., Commission District 8. P 8-SN-01-F BOZEMAN SUBDIVISION West side of Diggs Rd., south of George Lovelace Ln., Commission District 6. P 8-SQ-01-F SURVEY FOR DAVID HOFFMEISTER The end of Bowman Hollow Rd., northwest of E. Copeland Rd., Commission District 6. P 9-SD-01-F KRISTY HILL PROPERTY West of Graves Rd, north of N. Ruggles Ferry Rd., Commission District 8. P 9-SE-01-F ROBERT AND SERENA DAY Northwest off end of Jenkins Ln, northeast of Greenwell Rd., Commission District 6. P 9-SS-01-F DAVIS PROPERTY East of Crissman Rd, northwest of W. Raccoon Valley Dr., Commission District 6.

4 MPC Minutes October 11, 2000 Page 4 P 9-ST-01-F ODESSA GAMMONS PROPERTY South side of Crenshaw Rd, west of W. Martin Mill Pike., Commission District 9. P 10-SR-01-F RESUBDIVISION OF MCCARTY PROPERTY Southeast end of Cassell Dr, southeast of I-640/I-75 and southwest of I-275, Council District 1. P 3-V7-00 SURVEY FOR HUGH ROGERS North of Kimberlin Heights Rd, west of Sam Cruze Ln., Commission District 9. P 3-V2-01 RESUB LOTS 1-6 PARK REALTY & TRUST CO. 2ND ADD. BEARDEN & LYON'S VIEW ADD South side of Echo Dr, west side of Agnes Rd, north side of Walden Dr., Council District 2. P 9-V3-01 BRAINE & LEE'S FIRST ADDITION TO KNOXVILLE, RESUB OF LOT 15 & PART OF LOTS 14 & 16 North side of Hiawassee Ave, south side of Watauga Ave., Council District 5. 5-M-01-UR HEMPHILL CORPORATION AND TRITEL COMMUNICATIONS, INC. East side of Alcoa Hwy., south of Mount Vernon Dr. Proposed use: 180 foot monopole telecommunications tower in CA (General Business) District. Tax ID 122 O J 002, Commission District 9, South County Sector. This item was removed from the postponement list. 8-I-01-UR CROWN COMMUNICATION, INC. AND TRITEL COMMUNICATIONS, INC. South side of Holbrook Dr., east side of Kingwood Rd. Proposed use: 190' monopole telecommunications tower in R-1A (Low Density Residential) District. Tax ID 58 F F 044, Council District 4, North City Sector. This item was removed from the postponement list. P 9-D-01-UR CEI ENGINEERING ASSOCIATES, INC. - HANS GUCKER South side of Western Ave., east of Hinton Dr. Proposed use: Fueling station in SC-1 (Neighborhood Shopping Center) District. Tax ID 93 F B 6.01, Council District 3, Northwest City Sector. Item postponed until the January 10, 2002 MPC meeting: P 9-B-01-MP METROPOLITAN PLANNING COMMISSION - Consideration of the Walker Springs/Mars Hill Road Corridor Study and related amendments to the Northwest City and Northwest County Sector Plans. Items added or removed from the postponements: 8-I-01-UR CROWN COMMUNICATION, INC. AND TRITEL COMMUNICATIONS, INC. Ms. Mary Lee Geisler: 414 Balsam Drive 8-I-01-UR This is the third time this is to be postponed. Do not see a reason for postponement. Removed from the postponement list.

5 MPC Minutes October 11, 2000 Page 5 7-C-01-OA (REVISED) Amendments to the Knoxville-Knox County Minimum Subdivision Regulations regarding review criteria for subdivisions by type; criteria for determining the extent of a parcel to be included on a plat; and other related sections. Mr. Gary Norvell: 7-C-01-OA We are still getting feedback from clients. Several have not been able to review yet. Add to postponement. Mr. Whitaker: We went through a proactive and extensive process of getting input from surveyors and engineers. We do not object to postponement for more comments. Added to the postponement list. 5-M-01-UR HEMPHILL CORPORATION AND TRITEL COMMUNICATIONS, INC. Mr. Steve Roth: 5-M-01-UR requested it be postponed based on an agreement we had with groups in the area and it does not appear we have that agreement. We ask that it be pulled off. Removed from the postponements. MOTION (ROSE) AND SECOND (VITTETOE) WERE MADE TO APPROVE POSTPONEMENTS AS READ INCLUDING 7-C-01-OA EXCLUDING 8-I-01-UR CROWN COMMUNICATION, INC. AND TRITEL COMMUNICATIONS, INC. AND 5-M-01-UR HEMPHILL CORPORATION AND TRITEL COMMUNICATIONS, INC. UNTIL THE NOVEMBER 8, 2001 MPC MEETING AND JANUARY 10, 2002 MPC MEETING. MOTION CARRIED POSTPONEMENTS APPROVED. Automatic Withdrawals (as provided for in Article XII, Section 3.D of MPC s Administrative Rules and 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 10-F-01-RZ JOHN KING Northeast side Weisgarber Rd., south side Middlebrook Pike, Rezoning from I-3 (General Industrial) to C-6 (General Commercial Park). Tax ID 107 H A 1, Council District 2, Northwest City Sector. W 10-SI-01-C WATT ROAD BUSINESS PARK Northeast side of Palestine Ln., southeast side of Interstate 40/75, Commission District 5. WITHDRAWALS REQUIRING MPC ACTION (Indicated with W) W 4-K-01-RZ CAROL MORENO West side Middlebrook Pike, southeast of Bob Kirby Rd., Rezoning from A (Agricultural) to CA (General Business). Tax ID , part (Map on file.) Commission District 6, Northwest County Sector. W 5-SB-01-F CLEVELAND ESTATES

6 MPC Minutes October 11, 2000 Page 6 Northeast side of Bob Smith Ln, north of Ruggles Ferry Pk., Commission District 8. W 5-SL-01-F LONG FARM, RESUB OF LOT 4 North side of Campbell Station Rd, south of Yarnell Rd., Commission District 6. W 6-SI-01-F ROY ANDERSON PROPERTY West of Tazewell Pk, south of Fairview Rd., Commission District 8. MOTION (ROSE) AND SECOND (VITTETOE) WERE MADE TO APPROVE WITHDRAWALS MOTION CARRIED WITHDRAWALS APPROVED. REVIEW OF TABLED ITEMS TABLED U 5-B-99-AC JOE DIEHL - Request closure of unnamed alley from southeast corner of Parcel 7 to Nineteenth St. CLT Map 094, City Block 10204, 1st Council District, Central City Sector. 4-K-01-PA 4-R-01-RZ MICHAEL MCCLAMROCH South side S Northshore Dr., southwest of Pellissippi Parkway. Request One Year Plan amendment from NPD (No Plan Designation) to GC (General Commercial). Tax ID ,97, Council District 2, Southwest County Sector. MICHAEL MCCLAMROCH South side S Northshore Dr., southwest of Pellissippi Parkway. Rezoning from NZ (No Zone) to TC-1 (Town Center). Tax ID ,97, Council District 2, Southwest County Sector. U 2-SD-00-C GOODSON ON OLD RUTLEDGE PIKE Southeast side of Old Rutledge Pk, northeast of Idumea Rd., Commission District 8. U 12-SA-98-F BURLINGTON ADDITION Southeast side Asheville Hy, northeast side Prosser Rd. Council District 6. U 7-SEE-99-F RESUB 14,15,22.23, PART OF 16,17,18, BLOCK MM OF COLD SPRINGS ADDITION Northwest side of Louise Av., southeast side of Martin Luther King, Jr. Av. Council District 6. U 8-SQ-99-F VULCAN SUCCESS SYSTEMS, LLC North side of Cumberland Av., east side of Alcoa Hy. Council District 6. 3-SJ-00-F PEMMBROOKE PLACE, PHASE 2 West of Dick Lonas Rd, northeast end of Remington Grove Ln., Council District 3. 6-SV-00-F COLONIAL PARK TOWNHOMES & TERRA PROPERTIES

7 MPC Minutes October 11, 2000 Page 7 Northwest side of Broome Rd, at Chadwick Dr., Council District 2. 8-SE-00-F RESUBDIVISION OF LOTS 5 & 6, SAM TOOLE S/D NO. 2 Northeast side of Lyndell Rd., southeast of Bonita Dr., Council District SM-00-F 3-N-01-RZ RESUB OF LOT 11, RUGGLES FERRY S/D South side of N. Ruggles Ferry Pk, west of Burris Rd., Commission District 8. ENNIS MILLS North and south sides of Millertown Pk., east of Washington Pike, Rezoning from R-1 (Single Family Residential) to O-1 (Office, Medical, and Related Services). Tax ID 59 M E 6,7, 59 LC 22, front 200 feet of parcels 59 MA 2, 3 Council District 4, East City Sector. U 9-N-98-UR LEON LAWSON/WHITTLE SPRINGS DEVELOPMENT - North side Valley View Dr., northeast of Saylor Ct. Proposed use: multifamily residential development in an RP-1 (Planned Residential) District. Tax ID 70-AB-10-12, 15 18, 4th Council District, East City Sector. U 11-G-99-UR CHURCH OF ASCENSION South & east side Agnes Rd., south side Harley Dr. Proposed use: Church expansion in R-1 (Single Family Residential) District. TAX ID 121 G G 1,2,3,4. Council District 2, West City Sector. TABLINGS (Indicated with T) None ITEMS REQUESTED TO BE REMOVED FROM TABLE (Indicated with U) U 5-B-99-AC JOE DIEHL - Request closure of unnamed alley from southeast corner of Parcel 7 to Nineteenth St. CLT Map 094, City Block 10204, 1st Council District, Central City Sector. U 2-SD-00-C GOODSON ON OLD RUTLEDGE PIKE Southeast side of Old Rutledge Pk, northeast of Idumea Rd., Commission District 8. U 12-SA-98-F BURLINGTON ADDITION Southeast side Asheville Hy, northeast side Prosser Rd. Council District 6. U 7-SEE-99-F RESUB 14,15,22.23, PART OF 16,17,18, BLOCK MM OF COLD SPRINGS ADDITION Northwest side of Louise Av., southeast side of Martin Luther King, Jr. Av. Council District 6. U 8-SQ-99-F VULCAN SUCCESS SYSTEMS, LLC North side of Cumberland Av., east side of Alcoa Hy. Council District 6.

8 MPC Minutes October 11, 2000 Page 8 U 9-N-98-UR LEON LAWSON/WHITTLE SPRINGS DEVELOPMENT - North side Valley View Dr., northeast of Saylor Ct. Proposed use: multifamily residential development in an RP-1 (Planned Residential) District. Tax ID 70-AB-10-12, 15 18, 4th Council District, East City Sector. U 11-G-99-UR CHURCH OF ASCENSION South & east side Agnes Rd., south side Harley Dr. Proposed use: Church expansion in R-1 (Single Family Residential) District. TAX ID 121 G G 1,2,3,4. Council District 2, West City Sector. MOTION (S BROWN) AND SECOND (ROSE) WERE MADE TO REMOVE THESE ITEMS FROM THE TABLE. MOTION CARRIED ITEMS UNTABLED. 7. CONSENT ITEMS Items recommended for approval on consent are marked (*). They will be considered under one motion to approve. MR. MICHAEL EDWARDS RECUSED FROM DISCUSSION OR VOTING ON THE CONSENT ITEMS. MOTION (S. BROWN) AND SECOND (VITTETOE) WERE MADE TO HEAR THE FOLLOWING ITEMS BY CONSENT EXCLUDING 10-SH-01-C CTL SUMMIT, PHASE II, 10-L-01-UR CTL SUMMIT LIMITED, LP, 10-H-01-RZ MARTIN LEAKE, AND 10-SD-01-C BELL PLACE, UNIT 3. MOTION CARRIED THE FOLLOWING ITEMS WERE HEARD BY CONSENT EXCLUDING 10-SH-01-C CTL SUMMIT, PHASE II, 10-L-01-UR CTL SUMMIT LIMITED, LP, 10-H-01-RZ MARTIN LEAKE, AND 10-SD-01-C BELL PLACE, UNIT 3. STREET CLOSURE * 10-A-01-SC ROBERT H. BEDWELL Request closure of Gallaher Street between Minnesota Ave. and Unnamed Alley, CLT Map 81, City Block to 19244, Council District 5, Central City Sector. STREET NAME CHANGES STAFF RECOMMENDATION: Approve closure subject to any easements required. * 10-A-01-SNC KNOX COUNTY EMERGENCY COMMUNICATIONS - E-911 Change Unnamed easement to ' Peaceful Way ' between Randles Road and Deadend at Map 53, Parcel , Commission District 8, East County Sector. STAFF RECOMMENDATION: Approve Peaceful Way. * 10-B-01-SNC KNOX COUNTY EMERGENCY COMMUNICATION - E-911 Change Unnamed Joint permanent Easement to ' Amber Ridge Way ' between Greenway Drive and Deadend, Commission District 7, North City Sector.

9 MPC Minutes October 11, 2000 Page 9 PLAN AMENDMENTS/REZONINGS STAFF RECOMMENDATION: Approve Amber Ridge Way. * 10-D-01-PA TRANSGLOBAL GAS & OIL CO., INC. North side Middlebrook Pike, west of Piney Grove Church Rd. Request One Year Plan Amendment & Northwest County Sector Plan from O (Office) to NC (Neighborhood Commercial). Tax ID 106 J A 32, Council District 3, Northwest County Sector. STAFF RECOMMENDATION: Approve NC (Neighborhood Commercial. * 10-J-01-RZ TRANSGLOBAL GAS & OIL CO., INC. North side Middlebrook Pike, west of Piney Grove Church Rd. Rezoning from O-1 (Office, Medical, and Related Services) to C-1 (Neighborhood Commercial). Tax ID , Council District 3, Northwest County Sector. STAFF RECOMMENDATION: Approve C-1 (Neighborhood Commercial). * 10-G-01-PA HAROLD BYRD North side Middlebrook Pike, west side Adell Ree Park Ln. Request One Year Plan Amendment from MDR (Medium Density Residential) to O (Office). Tax ID 106 J A 35, Council District 3, Northwest County Sector. STAFF RECOMMENDATION: Approve O (Office). * 10-M-01-RZ HAROLD BYRD North side Middlebrook Pike, west side Adell Ree Park Ln. Rezoning from RP-1 (Planned Residential) to O-1 (Office, Medical, and Related Services). Tax ID 106 J A 35, Council District 3, Northwest County Sector. STAFF RECOMMENDATION: Approve O-1 (Office, Medical, and Related Services) * 10-H-01-PA PAUL SHIRLEY South side Middlebrook Pike, west side Hilton Rd. Request One Year Plan Amendment from LI (Light Industrial) to GC (General Commercial). Tax ID 107 A C and NE part of 1, 200' by 200' (Map on file.) Council District 3, Northwest City Sector. CONCEPTS/USES ON REVIEW STAFF RECOMMENDATION: Approve GC (General Commercial). 10-SD-01-C BELL PLACE, UNIT 3 North end of Cripple Oak Ln., east of Bell Campground Rd., Commission District 6. THIS ITEM WAS REMOVED FROM THE CONSENT LIST. * 10-SF-01-C POWELL ACRES - REVISED LOTS 32-61

10 MPC Minutes October 11, 2000 Page 10 West side of Collier Rd. south of W. Copeland Dr., Commission District 6. STAFF RECOMMENDATION: Approve variance 1 and the Concept Plan subject to 8 conditions. 10-SH-01-C CTL SUMMIT, PHASE II North side of Nubbin Ridge Rd, east of Ferncliff Way, Commission District L-01-UR CTL SUMMIT LIMITED, LP- North side of Nubbin Ridge Rd, east of Ferncliff Way. Proposed use: Detached single-family subdivision in PR (Planned Residential) District. Tax ID and part of 050. Commission District 5, Southwest County Sector. THESE ITEMS WERE REMOVED FROM THE CONSENT LIST. FINALS * 7-SL-01-F CREEKSIDE SUBDIVISION South side of George Light Rd, west of Pellissippi Pkwy., Commission District 6. MPC Recommendation: Approve final plat. * 9-SG-01-F CHARLES TOWNE LANDING - PHASE 4 South side of Westland Dr., approximately 71' east of the centerline of Villa Crest Dr., Commission District 5. MPC Recommendation: Approve final plat. * 9-SO-01-F NORTHSHORE COVE, RESUB OF LOTS 28R, 29R AND 30R North and south sides of Shorecove Way, east side of Lakecove Way, Commission District MPC Recommendation: Approve variance 1 and final plat. * 9-SU-01-F BROOKSHIRE, PHASE II South end of Brookshire Way, south of Gleason Dr., Commission MPC Recommendation: Approve final plat. * 9-SX-01-F JOHN W. EVAN, JR PROPERTY East of Clear Springs Rd, south of Dockery Dr., Commission District 8. MPC Recommendation: Approve variance 1 and final plat. * 10-SA-01-F ANN YATES PROPERTY South side of Kingston Pk, east of Albunda Dr., Council District 2. MPC Recommendation: Approve variance 1 and final plat. * 10-SB-01-F BEN & FRANCES MCCURRAY, RESUB LOT 4 End of McCurray Way, north of Millertown Pk, east of Sunrise Rd., Commission District 8.

11 MPC Minutes October 11, 2000 Page 11 MPC Recommendation: Approve variance 1 and final plat. * 10-SH-01-F WOODS AT MONTGOMERY COVE, UNIT 3 Northeast side of Choto Rd, northwest and southeast sides of Woodcove Ln., Commission District 5. MPC Recommendation: Approve final plat. * 10-SI-01-F ANDREWS CROSSING Southeast side of Gray Hendrix Rd, southwest of Tsawasi Rd., Commission District 6. MPC Recommendation: Approve final plat. * 10-SJ-01-F BRICKYARD HILL Southwest side of Brickyard Rd, northwest of W. Emory Rd., Commission District 6. MPC Recommendation: Approve final plat. * 10-SL-01-F TURKEY CREEK, PHASE I, RESUB OF LOTS 1R-1 & 2R-1 North and south side of Parkside Dr., west of Lovell Rd., just east of the Town of Farragut, Council District 2. MPC Recommendation: Approve final plat. * 10-SM-01-F TURKEY CREEK, PHASE I, RESUB OF LOTS 1R-2R1, 1R-2R3, 1R-2R5, 1R-2R7 & 1R-2R9 North side of Turkey Dr., east of Wild Geese Ln., Council District 2. MPC Recommendation: Approve final plat. * 10-SN-01-F HAYNESFIELD Southwest side of Bell Rd, south of E. Emory Rd., Commission District 7. MPC Recommendation: Approve final plat. * 10-SO-01-F HAL MCCLURE PROPERTY, RESUB OF TRACT 1 Northeast side of Riverside Dr, southeast of Holston Hills Rd., Commission District 8. MPC Recommendation: Approve final plat. * 10-SP-01-F JOHN E. DOLLAR PROPERTY South side of Stringtown Rd, southwest of Smoky Row Rd., Commission District 8. MPC Recommendation: Approve final plat. * 10-SQ-01-F PELLISSIPPI UNITED METHODIST CHURCH

12 MPC Minutes October 11, 2000 Page 12 ONE LOTS Southwest side of Solway Rd, west of Pellissippi Pkwy., Commission District 6. MPC Recommendation: Approve variance 1 and final plat. * 6-V5-01 TOMS SUBDIVISION OF MCKINNEY FARM, RESUB. OF LOT 19 Northwest side of Keith Av, southwest of Liberty St., Council District 3. MPC Recommendation: Approve variances 1-3 and final plat. * 9-V5-01 RESUB OF WILLIAM P. FORD PROPERTY North side of Natures Trail Blvd, southwest side of Bakertown Rd., Commission District 3. MPC Recommendation: Approve variances 1-3 and final plat. * 10-V1-01 ROSEDALE AND FOREST PARK ADDITIONS, RESUB OF LOTS 51-53, CLOSED R-O-W OF GALLAHER ST AND PART OF LOTS East side of Minnesota Ave, north of Winfrey St., Council District 5. MPC Recommendation: Approve variances 1 & 2 and final plat. * 10-V3-01 PAPERMILL PLACE North side of Papermill Dr, west side of Liberty St., Council District 3. MPC Recommendation: Approve variances 1-3 and final plat. * 10-V5-01 DOBE S/D, RESUB OF LOT 1 East side of Snyder School Rd, northeast of Black Rd., Commission District 6. REZONINGS MPC Recommendation: Approve variance 1 and final plat. * 8-H-01-RZ ERNEST & NANCY DELGADO Northwest side Rutledge Pike, southwest of Old Rutledge Pike, Rezoning from A (Agricultural) to PC (Planned Commercial). Tax ID , Commission District 8, Northeast County Sector. STAFF RECOMMENDATION: Approve PC (Planned Commercial). * 10-A-01-RZ KEITH ALLISON Northeast side of Ridgefield Rd., northwest of Merchant Dr., Rezoning from R-1 (Single Family Residential) to O-1 (Office, Medical, and Related Services). Tax ID 68 K H 014, Council District 3, Northwest City Sector. STAFF RECOMMENDATION: Approve O-1 (Office, Medical & Related Services)

13 MPC Minutes October 11, 2000 Page 13 * 10-B-01-RZ CARSON ARCHER Southeast side of E. Magnolia Ave., northeast side of Randolph St., Rezoning from I-2 (Restricted Manufacturing and Warehousing) to C-6 (General Commercial Park). Tax ID 95 A L 001, Council District 6, Central City Sector. STAFF RECOMMENDATION: Approve C-6 (General Commercial Park) * 10-C-01-RZ LEON S. THOMAS Southeast side of E Magnolia Ave., southwest side of Randolph St., Rezoning from I-2 (Restricted Manufacturing and Warehousing) to C-6 (General Commercial Park). Tax ID 95 A M 005, Council District 6, Central City Sector. STAFF RECOMMENDATION: Approve C-6 (General Commercial Park). * 10-G-01-RZ EAGLE BEND REALTY South side of Ball Rd., west of Johnson Rd., Rezoning from A (Agricultural) to PR (Planned Residential). Tax ID , Portion northeast of parcels and 179 (Map on file.) Commission District 6, Northwest County Sector. STAFF RECOMMENDATION: Approve PR (Planned Residential) at a density of 1-3 du/ac. 10-H-01-RZ MARTIN LEAKE Southeast side S. Northshore Dr., southwest side Craig Rd., Rezoning from R-1 (Single Family Residential) to R-1A (Low Density Residential). Tax ID 134 A E 27, 28, Council District 2, West City Sector. THIS ITEM WAS REMOVED FROM THE CONSENT LIST. * 10-O-01-RZ CITY OF KNOXVILLE South side Asheville Hwy. northeast side Boundary Ln., Rezoning from No Zone to C-3 (General Commercial). Tax ID , Council District 4, East County Sector. STAFF RECOMMENDATION: Approve C-3 (General Commercial). * 10-P-01-RZ CITY OF KNOXVILLE Northwest and southwest side Stekoia Ln. east of Schaad Rd., Rezoning from No Zone to C-3 (General Commercial). Tax ID 67 M A 5,6,7, Council District 3, Northwest City Sector. STAFF RECOMMENDATION: Approve C-3 (General Commercial) * 10-Q-01-RZ CITY OF KNOXVILLE South side Clinton Hwy., west and northwest side Aquoni Dr., Rezoning from No Zone to C-3 (General Commercial). Tax ID 67 M A 1,2,3,4, Council District 3, Northwest City Sector.

14 MPC Minutes October 11, 2000 Page 14 STAFF RECOMMENDATION: Approve C-3 (General Commercial). * 10-S-01-RZ MIKE REESE North side Callahan Rd., northeast of I-75, southwest of Central Avenue Pike, Rezoning from RB (General Residential) to CB (Business and Manufacturing). Tax ID (RB zoned part), Commission District 7, North City Sector. USES ON REVIEW STAFF RECOMMENDATION: Approve CB (Business and Manufacturing) * 9-F-01-UR EAST TENNESSEE CHILDRENS HOSPITAL Northwest side of Westland Dr., southwest side of Pellissippi Pkwy. Proposed use: Medical facility in PC (Planned Commercial) District. Tax ID , Commission District 5, Southwest County Sector. STAFF RECOMMENDATION: Approve the request for up to 144,000 square feet of medical related facilities as shown on the development plan subject to 9 conditions. * 10-A-01-UR WANDA SILER South side of Acorn Dr., west of Beverly Rd. Proposed use: Child day care center (20 children) in R-1 (Single Family Residential) District. Tax ID 59 I C 026, Council District 4, North City Sector. STAFF RECOMMENDATION: Approve the request for a child day care center with an enrollment of up to 20 children subject to 6 conditions. * 10-B-01-UR KATHLEEN S. PARKS North side of Chambliss Av., southwest of N. Forest Park Blvd. Proposed use: Home occupation - financial planning office in R-2 (General Residential) District. Tax ID 107 K H 031, Council District 2, West City Sector. STAFF RECOMMENDATION: Approve the request for a financial planning office as a home occupation, subject to 4 conditions. * 10-F-01-UR MARVIN W. PRITCHARD & ROBERT M. RHINES Northwest side of Tarklin Valley Rd., northeast of Knight Rd. Proposed use: Duplex in RA (Low Density Residential) District. Tax ID , Commission District 9, South County Sector. STAFF RECOMMENDATION: Approve the request for a duplex at this location subject to 3 conditions. * 10-G-01-UR GEORGE EWART Southeast end of Castaic Ln., south of Hardin Valley Rd. and west of Pellissippi Pkwy. Proposed use: 16,000 square foot office building in PC (Planned Commercial) / TO (Technology Overlay) District. Tax ID , Commission District 6, Northwest County Sector.

15 MPC Minutes October 11, 2000 Page 15 STAFF RECOMMENDATION: Approve the development plan for a 16,000 square foot office building, subject to 7 conditions. * 10-H-01-UR TRANSGLOBAL GAS & OIL CO., INC. North side of Middlebrook Pike, west of Piney Grove Church Rd. Proposed use: Restaurant in C-1 (Neighborhood Commercial) (pending on 32) District. Tax ID 106 J A 30,31,32, Council District 3, Northwest County Sector. STAFF RECOMMENDATION: Approve the development plan, subject to 7 conditions. * 10-K-01-UR HORIZON RESTAURANT GROUP, INC. South side of Cedar Ln., northeast of Central Avenue Pk. Proposed use: Restaurant and parking in C-1 (Neighborhood Commercial) & O-1 (Office, Medical & Related Services) (part pending) District. Tax ID 68 L D 5 & 6, Council District 5, North City Sector. STAFF RECOMMENDATION: Approve the development plan for a restaurant in the C-1 District and parking in the O-1 District subject to 8 conditions. * 10-P-01-UR WC TWO (THE WEE COURSE AT WILLIAMS CREEK) Northeast side of Dandridge Av., southeast side of Brooks Av. Proposed use: Park / recreational facility in R-1 (Single Family Residential) District. Tax ID 95 C G 1, 2 & 3.03, Commission District 6, East City Sector. STAFF RECOMMENDATION: Approve the development plan for a park/recreational facility as shown on the development plan subject to 8 conditions * 10-Q-01-UR AAA EAST TENNESSEE East side of Capital Dr., south of Kingston Pike. Proposed use: Office building in PC (Planned Commercial) District. Tax ID 131 L B 3, Commission District 5, Southwest County Sector. OTHER BUSINESS STAFF RECOMMENDATION: Approve the office building in the PC district, subject to 6 conditions. * 9-D-01-OB Consideration of amendments to the FY Budget and Work Program. EXECUTIVE COMMITTEE RECOMMENDATION: Approve. * 10-A-01-OB Consideration of MPC Executive Director Evaluation and Salary Plan. EXECUTIVE COMMITTEE RECOMMENDATION: Approve the Executive Director performance evaluation and salary increase of $3550 per year.

16 MPC Minutes October 11, 2000 Page 16 * 10-B-01-OB Consideration of amendments to MPC By-Laws to move the MPC Annual Meeting Date. EXECUTIVE COMMITTEE RECOMMENDATION: Approve amendment to move the Annual Meeting date to the October MPC meeting date, or other date as specified by the Chairman. Items added or removed from the Consent List: 10-SH-01-C 10-L-01-UR Mr. Wayne Kline: 10-H-01-RZ Mr. John Smith: CTL SUMMIT, PHASE II CTL SUMMIT LIMITED, LP On behalf of Nubbin Ridge Homeowners, Ask they be taken off consent. MARTIN LEAKE 1400 Craig Road 10-H-01-RZ. Would like to hear Martin Leake. 10-SD-01-C BELL PLACE, UNIT 3 Mr. Ronnie Quarles: 10-SD-01-C Bell Place, Unit 3 Would like heard at regular time. MOTION (S. BROWN) AND SECOND (DONALDSON) WERE MADE TO APPROVE ITEMS AS READ EXCLUDING 10-SH-01-C CTL SUMMIT, PHASE II, 10-L-01-UR CTL SUMMIT LIMITED, LP, 10-H-01-RZ MARTIN LEAKE, AND 10-SD-01-C BELL PLACE, UNIT 3. MOTION CARRIED ITEMS APPROVED AS READ EXCLUDING 10-SH-01-C CTL SUMMIT, PHASE II, 10- L-01-UR CTL SUMMIT LIMITED, LP, 10-H-01-RZ MARTIN LEAKE, AND 10-SD-01-C BELL PLACE, UNIT ORDINANCE AMENDMENTS Ordinance Amendments recommended for approval on consent are marked (*). They will be considered under Item 7 by one motion to approve. ORDINANCE AMENDMENTS - OLD P 5-B-01-OA Consideration of amendments to the Knoxville Zoning Ordinance regarding multiple tenant development signs, directory signs, master signage plans, and related sections. THIS ITEM WAS POSTPONED EARLIER IN THE MEETING. 7-C-01-OA (REVISED) Amendments to the Knoxville-Knox County Minimum Subdivision Regulations regarding review criteria for subdivisions by type; criteria for determining the extent of a parcel to be included on a plat; and other related sections. THIS ITEM WAS POSTPONED EARLIER IN THE MEETING. P 9-A-01-OA Consideration of amendments to the Knox County Zoning Ordinance (Art. 3, Section 3.50, Off-Street Parking Requirements) dealing with parking stall size and layout of parking areas, and any amendments to related sections. THIS ITEM WAS POSTPONED EARLIER IN THE MEETING.

17 MPC Minutes October 11, 2000 Page 17 ORDINANCE AMENDMENTS - NEW P 10-A-01-OA Consideration of amendments to the Knox County Zoning Ordinance revising setback requirements for commercial telecommunications tower and other related sections. THIS ITEM WAS POSTPONED EARLIER IN THE MEETING. 9. STREET CLOSURES Street Closures recommended for approval on consent are marked (*). They will be considered under Item 7 by one motion to approve. STREET CLOSURES - OLD None STREET CLOSURES - NEW * 10-A-01-SC ROBERT H. BEDWELL Request closure of Gallaher Street between Minnesota Ave. and Unnamed Alley, CLT Map 81, City Block to 19244, Council District 5, Central City Sector. 10. ALLEY CLOSURES Alley Closures recommended for approval on consent are marked (*). They will be considered under Item 7 by one motion to approve. ALLEY CLOSURES - OLD None ALLEY CLOSURES - NEW None 11. STREET NAME CHANGES Street Name Changes recommended for approval on consent are marked (*). They will be considered under Item 7 by one motion to approve. STREET NAME CHANGES - OLD None STREET NAME CHANGES - NEW

18 MPC Minutes October 11, 2000 Page 18 * 10-A-01-SNC KNOX COUNTY EMERGENCY COMMUNICATIONS - E-911 Change Unnamed easement to ' Peaceful Way ' between Randles Road and Deadend at Map 53, Parcel , Commission District 8, East County Sector. * 10-B-01-SNC KNOX COUNTY EMERGENCY COMMUNICATION - E-911 Change Unnamed Joint permanent Easement to ' Amber Ridge Way ' between Greenway Drive and Deadend, Commission District 7, North City Sector. 12. SUBDIVISION NAME CHANGES Subdivision Name Changes recommended for approval on consent are marked (*). They will be considered under Item 7 by one motion to approve. SUBDIVISION NAME CHANGES - OLD None SUBDIVISION NAME CHANGES - NEW None 13. PLANS AND PLAN AMENDMENTS/REZONINGS Plans and Plan Amendments/Rezonings recommended for approval on consent are marked (*). They will be considered under Item 7 by one motion to approve. PLANS AND PLAN AMENDMENTS/REZONINGS - OLD 9-A-01-MP METROPOLITAN PLANNING COMMISSION - Consideration of the Fox Road Corridor Study and related amendments to the Southwest County Sector Plan. STAFF RECOMMENDATION: Approve the Fox Road Corridor Study, Alternative C, amending the Southwest County Sector Plan. Mr. Brad Thompson: Staff reviewed this as result of a County Commission request on some rezonings that have occurred in the Fox Road area. We contacted all of the property owners within the study area and had two public meetings. Recommend approval of Alternative C. Mr. John Schoonmaker: Tan Rara Drive, On behalf of the Tan Rara Oesta Subdivision who finds access out of subdivision into Fox Road. Thanked staff, Buz Johnson and Brad Thompson, for doing an excellent job on the study. On page 5 of the staff recommendation where it says staff makes its recommendation as part of the Sector Plan amendment and new

19 MPC Minutes October 11, 2000 Page 19 development along Fox Road should comply with requirements of properties located in the vicinity of Scenic Highways. We are concerned about the height of structures that can be constructed within this office designation. The guidelines say there is a 30-foot building height within 1,000 feet of the Pellissippi Parkway which this area encompasses. The glitch is the Mayor s office does not recognized Pellissippi Parkway as a Scenic Highway, and that is why we have billboards along Pellissippi Parkway in the City's jurisdiction. Concern if not specifically spelled out that the height is going to be 35 feet only that might be circumvented over the City's jurisdiction over the Pellissippi Parkway. Mr. Whitaker: It is my understanding that the Scenic Highway act was amended to exempt the section between Kingston Pike and I-40 from the Scenic Highway provisions. That has more to do with the billboards in that area than any interpretation by the City of the applicability of the Scenic Highway Act. Other parts of the Pellissippi Park corridor have fast food enterprises and other business enterprises have rather subdued signage. The City Zoning Ordinance recognizes the Scenic Highway Corridor and has special sign restrictions within 2,000 feet. The height restrictions apply up and down the corridor other than that area of Pellissippi. North of the interstate there is a provision that exempts buildings in the Technology Corridor area from height restrictions. We are aware of those issues and think we are covered with these regulations. Regardless of the zoning we will restrict the height of signage. Mr. Schoonmaker: Because this backs up a residential area, is there any reason that cannot be part of the Sector Plan amendment that at no time can it exceed that 35-foot building height? Concerned about office buildings with 7-9 stories being constructed with residences next door. Mr. Whitaker: It would take special action by the Planning Commission to build something that high, at least in the O-1 zone. We think this language coupled with the Zoning Ordinances and the Scenic Highway Act sets the height standards in that area pretty effectively. This is probably the least binding since a plan policy would not have any bearing on a building permit decision. You have to get a building permit in OA under the applicable standards. We think our recommendation covers all the issues. Mr. Michael Edwards: Is it within the discretion of a municipality to disregard the Scenic Highway Act? Mr. Whitaker: Mr. French: The way the Scenic Highway Act is written it becomes optional in a City that has zoning. The City has adopted Zoning Regulations that track the requirements of the Scenic Highway Act. The Zoning Ordinance refers to the Scenic Highway Corridor and sets certain standards that apply. Read from the Resolution for the Corridor Study, which is a part of these minutes.

20 MPC Minutes October 11, 2000 Page 20 MOTION (EDWARDS) AND SECOND (ROSE) WERE MADE TO APPROVE STAFF RECOMMENDATION. MOTION CARRIED ALTERNATIVE C, AMENDING THE SOUTHWEST COUNTY SECTOR PLAN, APPROVED. P 9-B-01-MP METROPOLITAN PLANNING COMMISSION - Consideration of the Walker (Jan. 10, 2002) Springs/Mars Hill Road Corridor Study and related amendments to the Northwest City and Northwest County Sector Plans. THIS ITEM WAS POSTPONED EARLIER IN THE MEETING. PLANS AND PLAN AMENDMENTS/REZONINGS - NEW 10-A-01-PA ANN JERNIGAN South side Morris Ave., southwest of McClain St. Request One Year Plan Amendment from LI (Light Industrial) to LDR (Low Density Residential). Tax ID 94 P C 4, Council District 6, Central City Sector. STAFF RECOMMENDATION: Deny the One Year Plan amendment to LDR (Low Density Residential) designation. Mr. Norman Whitaker: You also have a letter from Leslie Henderson, City's Director of Development, objecting to this rezoning. It would conflict with the City's plans for redevelopment in this corridor. MOTION (SMITH) AND SECOND (VITTETOE) WERE MADE TO APPROVE STAFF RECOMMENDATION. MOTION CARRIED LDR (LOW DENSITY RESIDENTIAL) DENIED. 10-B-01-PA JOHN DAVIS Northeast side Ben Hur Ave., southeast of Martin Luther King Jr. Ave. Request One Year Plan Amendment from LDR (Low Density Residential) to GC (General Commercial). Tax ID 82 O J 36, Council District 6, East City Sector. STAFF RECOMMENDATION: Approve GC (General Commercial). MOTION (S BROWN) AND SECOND (ROSE) WERE MADE TO APPROVE STAFF RECOMMENDATION. MOTION CARRIED GC (GENERAL COMMERCIAL) APPROVED. 10-C-01-PA GEORGE MCAFEE, JR. South side I-40, east side Nichols Ave., east of Cherry St. Request One Year Plan Amendment & East City Sector Plan from LDR (Low Density Residential) to LI (Light Industrial). Tax ID 82 G B 1, Council District 6, East City Sector. STAFF RECOMMENDATION: Deny One Year Plan and East City Sector Plan amendments to LI (Light Industrial) designation. Mr. Buz Johnson: Denial is recommended due to several factors. First the property is characterized by severe slopes as well as sinkholes. For light industrial

21 MPC Minutes October 11, 2000 Page 21 purposes the property has very, very poor access to the site by local streets. The Zoo is undergoing a substantial improvement program over the last several years and we do not think it appropriate to have this kind of industrial use next to the Zoo, which has become a premier location in the community. We have a letter from the Zoo Director supporting this denial. MOTION (DONALDSON) AND SECOND (SLACK) WERE MADE TO APPROVE STAFF RECOMMENDATION. MOTION CARRIED LI (LIGHT INDUSTRIAL) DENIED. * 10-D-01-PA TRANSGLOBAL GAS & OIL CO., INC. North side Middlebrook Pike, west of Piney Grove Church Rd. Request One Year Plan Amendment & Northwest County Sector Plan from O (Office) to NC (Neighborhood Commercial). Tax ID 106 J A 32, Council District 3, Northwest County Sector. * 10-J-01-RZ TRANSGLOBAL GAS & OIL CO., INC. North side Middlebrook Pike, west of Piney Grove Church Rd. Rezoning from O-1 (Office, Medical, and Related Services) to C-1 (Neighborhood Commercial). Tax ID 106 JA 32, Council District 3, Northwest County Sector. 10-E-01-PA TIM GRAHAM Southeast side Millertown Pike, northeast side Brookwood Rd. Request One Year Plan Amendment from LDR (Low Density Residential) to NC (Neighborhood Commercial). Tax ID 59 L C 22, Council District 4, East City Sector. STAFF RECOMMENDATION: Approve NC (Neighborhood Commercial. Mr. Ronnie Collins 4606 Washington Pike, Alice Bell/Springhill Neighborhood Association We have met with Mr. Graham and talked with Mr. Whitaker and Mr. Johnson and have come up with a recommendation for O-1 office zoning. Mr. Graham could ask for O-1 because that had been requested in the past year so he had to ask for Commercial. We are not happy with Commercial, but would be happy with O-1. Mr. Tim Graham: Mr. Whitaker: 7010 Oak Ridge Highway. We can live with the O-1 in the long term because of the proximity to the movie theater. Asked what type of plan designation to approve. We need to approve either NC or O plan designation and O-1 zoning designation. If you approve O and O-1 the project could go forward. MOTION (ROSE) AND SECOND (DONALDSON) WERE MADE TO APPROVE O (OFFICE). MOTION CARRIED O (OFFICE) APPROVED 10-K-01-RZ TIM GRAHAM

22 MPC Minutes October 11, 2000 Page 22 Southeast side Millertown Pike, northeast side Brookwood Rd. Rezoning from R-1 (Single Family Residential) to C-1 (Neighborhood Commercial). Tax ID 59 L C 22, Council District 4, East City Sector. STAFF RECOMMENDATION: Approve C-1 (Neighborhood Commercial). MOTION (ROSE) AND SECOND (SLACK) WERE MADE TO APPROVE 0-1 (OFFICE, MEDICAL, AND RELATED SERVICES). MOTION CARRIED O-1 (OFFICE, MEDICAL & RELATED SERVICES) APPROVED. 10-F-01-PA EAST TENNESSEE CONTINUOUS GUTTERING & KIM WELCH North side Dutch Valley Dr., northwest of The Hague. Request One Year Plan Amendment from MU (Mixed Use) O/MDR to GC (General Commercial) & North City Sector Plan Amendment from Slope Protection and LDR (Low Density Residential) to C (Commercial). Tax ID 69 F B 24, Council District 4, North City Sector. STAFF RECOMMENDATION: Deny the One Year Plan amendment to GC (General Commercial) and deny the North City Sector Plan amendment to Commercial. Ms. Charlotte Davis: 114 Proffit Road, Representing Fountain City Town Hall Referred to letter from Mark Williamson WHICH BECOMES A PART OF THESE MINUTES. Read it for the record. Asked for denial of the plan amendment and rezoning because the North City Sector Plan calls for the areas north of Dutch Valley to remain mixed use and low density residential to provide an appropriate transitional buffer to the single family neighborhoods to the north. Heavy commercial would put the buffer area at risk. Mr. Steve Roth: Baker Donaldson Bearman and Caldwell for applicant Suggested an alternative approach. Suggested an additional request for conditional zoning, which should address objections just raised and address staff's concerns about the issues on the north side of Dutch Valley Road. We would like to amend our request to make it a conditional C-3 zone that allows current use and the requested use of a garage to allow this company to park its trucks at the end of the day and have them leave at the beginning of the day. Hopefully that will take off the table the more high density and intensity uses that are intended in the C-3 zone. Mr. Brusseau indicated this should be postponed 30 days to discuss the issues. MOTION (SMITH) AND SECOND (SLACK) WERE MADE TO POSTPONE UNTIL THE NOVEMBER 8, 2001 MPC MEETING TO CONSIDER CONDITIONAL ZONING. MOTION CARRIED POSTPONED UNTIL THE NOVEMBER 8, 2001 MPC MEETING. 10-L-01-RZ EAST TENNESSEE CONTINUOUS GUTTERING & KIM WELCH North side Dutch Valley Dr., northwest of The Hague. Rezoning from O-1 (Office, Medical, and Related Services) to C-3 (General Commercial). Tax ID 69 F B 24, Council District 4, North City Sector. STAFF RECOMMENDATION: Deny C-3 (General Commercial).

23 MPC Minutes October 11, 2000 Page 23 MOTION (SMITH) AND SECOND (SLACK) WERE MADE TO POSTPONE UNTIL THE NOVEMBER 8, 2001 MPC MEETING TO CONSIDER CONDITIONAL ZONING. MOTION CARRIED POSTPONED UNTIL THE NOVEMBER 8, 2001 MPC MEETING. * 10-G-01-PA HAROLD BYRD North side Middlebrook Pike, west side Adell Ree Park Ln. Request One Year Plan Amendment from MDR (Medium Density Residential) to O (Office). Tax ID 106 J A 35, Council District 3, Northwest County Sector. * 10-M-01-RZ HAROLD BYRD North side Middlebrook Pike, west side Adell Ree Park Ln. Rezoning from RP-1 (Planned Residential) to O-1 (Office, Medical, and Related Services). Tax ID 106 J A 35, Council District 3, Northwest County Sector. * 10-H-01-PA PAUL SHIRLEY South side Middlebrook Pike, west side Hilton Rd. Request One Year Plan Amendment from LI (Light Industrial) to GC (General Commercial) & Northwest City Sector Plan Amendment from LI (Light Industrial) to C (Commercial). Tax ID 107 A C and NE part of 1, 200' by 200' (Map on file.) Council District 3, Northwest City Sector. SUBDIVISIONS 14. CONCEPTS/USES ON REVIEW Subdivision Concepts/Uses on Review recommended for approval on consent are marked (*). They will be considered under Item 7 by one motion to approve. CONCEPTS/USES ON REVIEW OLD 5-SF-01-C MONTROSE COURT West side of Red Bay Way, south of Nubbin Ridge Rd., Council District 2. STAFF RECOMMENDATION: Approve the concept plan subject to 8 conditions. Mr. Richard Sedgely: Representing the applicant. We can live with the staff recommendation. Mr. Robert Bailey: 600 Cumberland Avenue, Representing Montrose Court Homeowners Association. This development was originally approved in The 4-acre tract in that approval staff recommended that this tract be dedicated to the homeowners association for maintenance or be dedicated to the City. Now they want to do something else with the property. Original staff comments asked that

24 MPC Minutes October 11, 2000 Page 24 there be an updated geological and engineering report to determined if something could be built on this property. There was a geological report done in 1995 but it did not address whether homes could actually be built on this property. Staff requested that an updated geological report be done. To my knowledge that has not been done. There are other issues involving the private street and annexing into the subdivision. Under the declarations when established in 1995 require that before there can be an annexation the annexation has to be approved by HUD or FHA. Applicant disagrees with that interpretation of the declarations. Based on these issues we do not think it appropriate at this time. Mr. Sedgely: Mr. Dan Kelly: We disagree with the Homeowners Association of what the declarations say. The annexation has been submitted to HUD. There is no requirement of HUD or VA approval because the conditions on that have expired. The conditions in staff approval are sufficient to protect anybody. That was the recommendation of staff in 1995 to be given to the City or dedicated to the homeowners. There is a Rocky Hill Park beside it. They are asking for a revised concept plan with the opportunity to divide this tract into two lots. We do have a geological study that was prepared in 1995 and do not anticipate any changes in the geology of the area since that time. We have recommended that with the approval of this development no building construction would be permitted within the hatchered contoured area of the property. The geological study states they do not believe this to be a sinkhole, but to err on the side of caution we are requiring building construction outside the hatchered contour area. Regarding the annexation that was discussed with the developer earlier, they have discussed this matter with Mr. Wise, MPC attorney. Based on the information provided to Mr. Wise, he is of the opinion that it is something that could be done. Whether they have covered all requirements or not he does not know. The conditions of the approval are to make these two lots full members of the Montrose Homeowners group and to be responsible financially for maintenance just as the other members. In reciprocating the homeowners association would accept these two lots as being members of the association and provide privileges that would be to their benefit. Based on information and the plan we have we recommend approval. Ms. Susan Brown: Will that take care of the access issue? According to the staff report the streets are privately maintained. So I assume they would have to have permission to use those streets. Mr. Kelly: Mr. Sedgely: That is what we are talking about by annexation, this 4 acres tract being annexed into the Montrose Subdivision. There is a lot of discussion going on as to whether or not they have the right to hook these other two lots into the subdivision. Based on what I got from Mr. Wise, he seem to believe they do have the right. The developer reserved the right for 5 years for the sale of the first house in this planned unit development. The developer reserved the right to annex additional lands into the development. We have recorded the declaration of annexation. This property, as far as we are concerned, is now a part of this

25 MPC Minutes October 11, 2000 Page 25 planned unit development. Therefore, we have requested a copy of the annual budget and them to send us monthly statements so we can pay our homeowners association fees. They have refused to do that. We will meet the requirements of the declaration including submitting plans for any of the houses in this development to their architect or review committee for approval. Ms. S. Brown: Mr. Bailey: Mr. Rusty Baksa: Mr. Dan Kelly: Mr. Dick Graf: Before they get their next level of approval, would they have to show some documentation that the property has been annexed into the neighborhood. Read the language from the declaration, Article 11, Section 4, "Annexation. Additional residential property may be annexed to the property by the declarance within 5 years of the sale of the first lot provided that the FHA and/or VA determine that the annexation is in accord and conformity with the General Plan heretofore approved. That is the language we are relying on. We say that that means they cannot annex this property until they have gotten such approval from the FHA or VA, which I do not believe they have. In 1995 was it a condition of approval that this be left to the homeowners group or the City? Yes. The plan still stands as approved. They are looking at changing the plan and going with another plan. They are back before you with this revised plan. I do not think we can decide whether this has the right to be approved by FHA or VA. If that is the condition, they will have to meet with that somewhere along the line. Move we approve staff recommendation subject to meeting all 8 requirements. MOTION (GRAF) AND SECOND (ROSE) WERE MADE TO APPROVE STAFF RECOMMENDATION. Ms. Susan Brown: What do they have to show they have approval of annexation. Mr. French: Mr. Sedgley: Mr. Bailey: I guess they have to show approval of HUD or VA. That is what I heard in what was read. It has been submitted to HUD. If the position of the homeowners association is accurate, then 5 of the homes in this development are excluded because HUD and VA rejected them. Purpose of HUD and VA process is only to make available VA and FHA financing for the units in the development. That is the only reason that provision is in there. The only way those other lots could be financed is with conventional loans. This specifically addresses annexation, it does not have to do with the original approval. Going back to the original recommendation in 1995 this would not be here. The way this got approved based on the HUD, was that this property was not to be developed at all. They are changing the ballgame in the middle of the stream.