1. Michelle and Richard Bishop are requesting approval of a preliminary plat located at 800, 802, and 810 Montvale Road and 420 Indiana Avenue.

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1 AGENDA MARYVILLE REGIONAL PLANNING COMMISSION Monday, May 15, 2017, 5:00 PM. City of Maryville Municipal Center City Council Chamber 400 W. Broadway Ave. Development Services Department 416 West Broadway Maryville, TN (865) Call Meeting to Order Roll Call: Staff Review Meeting Minutes: April 17, 2017 Comments from Public on Non-Agenda Items Applications: 1. Michelle and Richard Bishop are requesting approval of a preliminary plat located at 800, 802, and 810 Montvale Road and 420 Indiana Avenue. 2. Michelle and Richard Bishop are requesting approval of a final plat located at 800, 802, and 810 Montvale Road and 420 Indiana Avenue. 3. Matt Sprinkle is requesting approval of a preliminary plat on Farris Rd. near its intersection with Montvale Rd. on behalf of LeConte Land Development, LLC. 4. Tom Eustice is requesting approval of a final plat for Phase 7 of the Waters Place subdivision located on Waters Place Dr. 5. Katherine and Randall Chalfant are requesting for their property at 1801 Old Niles Ferry Rd. to be rezoned from the Residential District to a zoning district that allows commercial use with low impact. 6. Travis Fuller is requesting the Future Land Use 2035 Map be amended so the property identified as parcel ID is Residential (currently Industrial). 7. Travis Fuller is requesting approval for the property off of Big Springs Rd. identified as parcel ID to be rezoned from the Industrial zone to the Residential District.

2 8. Richard and Tina Wade are requesting an amendment change to the ordinance restricting the use of smokers and/or cookers in the Washington Street Commercial Corridor zone. 9. Validation of DDRB approval of a prayer box to be installed along the sidewalk at Broadway United Methodist Church, located at 309 E. Broadway Ave. 10. Validation of DDRB approval of outdoor wall art for the building at 117 E. Broadway Ave. 11. Validation of DDRB approval of paint colors for Blount County Clerk s Office, located at 205 N. Cusick St. 12. Consideration of changes to the side setback requirements in the High Intensity Commercial District, the High Intensity Retail District, and the Heritage Development Zone. 13. Consideration of a text amendment to the Permissible Use Table in the ordinance. (tentative) 14. Consideration of DDRB membership. 15. Schedule an MRPC Work Session schedule to discuss: a. A text amendment to the usable open space section of the subdivision regulations [Article X, Section 3]. b. A text amendment to temporary sign section of the ordinance [ (5)]. 16. Request a called meeting for a rezoning in Washington Street Commercial Corridor on behalf of Matthew Turner for 618 S. Washington St. Comments from the Board Adjournment

3 MINUTES MARYVILLE REGIONAL PLANNING COMMISSION MONDAY APRIL 17, :00 P.M. CALL TO ORDER Chairman Kardatzke called the meeting to order at 5:00 p.m. and requested the roll call. Members Present: Members Absent: City Staff: Others Present: Steve Greene Fred Metz Tom Hodge Dan Monat Lauren Kardatzke Greg McClain Keri Prigmore Suzette Donovan Dale Huddleston Dave Prichard Michelle Portier Scott Poland Derick Jones A roll call was conducted and a quorum declared as present. Upon a motion by Commissioner Metz and a second by Commissioner Hodge, the minutes from the March 20, 2017, meeting were approved as submitted. Chairman Kardatzke asked if anyone in the audience wished to comment on any item not on the agenda. There being no comments from the audience, the chairman called for the first business item. BUSINESS ITEMS: 1. Derick Jones, on behalf of Scott Davis, requested approval of a revised preliminary plat located in the planning region off of County Farm Road. Ms. Michelle Portier introduced the item and stated that Mr. Derick Jones was present to discuss the changes to the preliminary plat. He explained the changes made to the plat stating the road layout and the number of lots are the same as previously approved; however, there have been some changes to the common areas. The proposed revised preliminary plat will have two construction phases and the developer anticipates grading within a couple of months. Mr. Jones reviewed the traffic study conducted for the subdivision proposal with the commission and stated that there will be some adjustments to the timing of the traffic light at the intersection of William Blount Drive with County Farm Road. He also informed the commission that all access will be from the internal road system. The staff pointed out that the plat is in compliance with the city s subdivision regulations under the integrally designed subdivision provisions, and that prior to construction of the residential development a site plan must be prepared and approved. The site plan will address utility extensions, road geometrics, drainage and storm water design, and all other applicable rules and regulations that pertain to the urban growth boundary subdivision.

4 ACTION: MOTION: Mr. Steve Green moved to approve the revised plat under the integrally designed subdivision provisions found within the subdivision regulations. SECOND: Mr. Fred Metz seconded the motion. VOTE: The motion passed unanimously on a roll call vote. 2. Mr. David Shanks requested approval of a preliminary plat at 427 and 431 Landau Drive. Ms. Michelle Portier introduced the revised preliminary plat of the David Shanks property located along Landau Drive. Mr. Derick Jones, on behalf of Mr. Shanks, informed the commission that minor changes to the plat were made and that three lots would be served off a permanent private easement with one lot having direct access onto Landau Drive. A remaining parcel will be conveyed to the City of Maryville which will have access through the rear of the property where it abuts the city s operations center.. ACTION: MOTION: Mr. Steve Greene moved to recommend approval of the revised preliminary plat. SECOND: Mr. Fred Metz. VOTE: The motion passed unanimously on a roll call vote. 3. Mr. David Shanks requested approval of a final plat located at 427 and 431 Landau Drive. Ms. Michelle Portier introduced the final plat of the David Shanks property located along Landau Drive. Mr. Derick Jones, on behalf of Mr. Shanks, informed the commission that the minor changes had been addressed in the revised plan. It had been determined that the 1.39 acre tract that will be transferred to the City of Maryville will have access through other properties. A question from the planning commission as to whether a letter of credit or bond had been secured was asked. Mr. Jones stated it is likely that his client has already obtained the letter of credit but he would verify that information after the meeting. He noted that his client is aware that the driveway has to be improved and installed to city easement standards. Commissioner Hodge stated that he did not want to delay the developer and so asked Mr. Jones follow up with contacting his client. The bond has since been verified. ACTION: MOTION: Mr. Steve Green moved to approve the final plat of the Shanks property. SECOND: Mr. Fred Metz. VOTE: The motion passed unanimously on a roll call vote.

5 4. Ms. Elizabeth Davis requested approval of a final plat in the Savannah Park subdivision on Savannah Village Drive off of Westwood Drive. Ms. Michelle Portier introduced the final plat of two lots in the Savannah Village development located off of Westwood Drive. Mr. Derick Jones, representing Ms. Elizabeth Davis, stated that instead of a three unit complex the proposal will contain two units with each unit on a separately designated parcel. Access to the units will be by way of the private road which has already been constructed and serves other condominiums within the residential development. ACTION: MOTION: Mr. Fred Metz moved to approve the final plat of Units 4 and 5 of the Savannah Park Village Phase 2 of Savannah Park. SECOND: Mr. Steve Greene seconded the motion. VOTE: The motion passed unanimously on a roll call vote. 5. Validation of the DDRB s Approval of Façade Alterations at 2127 E. Broadway Avenue. Ms. Michelle Portier informed the commission that the DDRB previously granted approval to a proposal to alter the façade at 2127 E. Broadway. The commission was asked to validate their decision. It was reported to the commission that some of the changes to the E. Broadway building include: vine removal; brick cleaning and repair; repointing of mortar joints; repair and paint on existing pressed metal trim; removal and replacement of parapet coping; removal of the awnings; the existing storefront will be removed and reconfigured using a painted wood glazing system; and the second floor windows will be replaced with clad-wood windows. With many other corrections to the E. Harper façade, the commission was also informed that the HVAC condensers will be located along the west side of the building and the units will be screened by landscaping, the dumpster will be screened, the property will be replatted to include the adjacent vacant lot, and an external staircase will be constructed towards E. Harper. ACTION: MOTION: Mr. Steve Greene moved to validate the DDRB s approval of the façade changes to 217 E. Broadway along with other changes. SECOND: Mr. Fred Metz seconded the motion. VOTE: The motion passed unanimously on a roll call vote. ADJOURNMENT There being no further business, the meeting was adjourned. Chairman Secretary

6 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission INTRODUCTION: Richard and Michelle Bishop are requesting approval of both the preliminary and final plats of their property. Location: 800, 802, and 810 Montvale Road and 420 Indiana Avenue Lot size: Approximately 1.03 acres. Zoning District: Neighborhood and Residential in the College Hill Historic Overlay District City of Maryville Zoning Map REFERENCE: CITY OF MARYVILLE ORDINANCE, TITLE 14: ZONING AND LAND USE CONTROL Nonconforming Situations [ ]: Definitions (1) (f) Nonconforming situation. A situation that occurs when an existing lot, structure, or use of an existing lot or structure does not conform to the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a

7 nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this ordinance or because land or buildings are used for purposes made unlawful by this ordinance. Continuation of nonconforming situations and completion of nonconforming projects. [ (2) (a)] Nonconforming situations that were otherwise lawful on the effective date of the provisions of this ordinance may be continued. Nonconforming Lots [ (3) (b)]: When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements cannot reasonably be complied with, then the authorizing entity may allow deviations from the applicable setback requirements if it finds that: The property cannot reasonably be developed for the use proposed without such deviations, These deviations are necessitated by the size or shape of the nonconforming lot, and The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health and safety. Extension or enlargement of nonconforming situations [ (4) (a)] Subject to provisions in state law regarding expansion of nonconforming uses found in Tennessee Code Annotated , except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in: An increase in the total amount of space devoted to a nonconforming use, or Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements. Zoning District [ ]: Neighborhood and Residential districts Permissible Use [ ]: N/A Landscape and Screening [ ]: N/A Density and Dimensional Regulations [ ]: Minimum lot sizes: o Residential District, 7,000 square feet o Neighborhood District, 5,000 square feet Minimum lot width: o Residential District: 75 feet o Neighborhood District: 75 feet

8 Setbacks: o Front: Montvale Rd. (arterial): 50 feet Indiana Ave.: 25 feet o Side: Residential use: 10 feet Commercial use if adjacent to residential: 10 feet o Rear: o Residential use: 20 feet o Commercial use if adjacent to residential: 10 feet SUBDIVISION REGULATIONS FOR MARYVILLE REGIONAL PLANNING COMMISSION Streets and Sidewalks [Article XI]: Access to Lots [Section 2]: Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property intended for use. Entrances to Streets [Section 4]: All driveway entrances and other openings onto streets within the city s planning jurisdiction shall be constructed so that: o Vehicles can enter and exit from the lot in question without posing any substantial o danger to themselves, pedestrians, or vehicles traveling in abutting streets. Interference with the free and convenient flow of traffic abutting or surrounding streets is minimized. Utilities [Article XII] Utility Ownership and Easement Rights [Section 1]: The subdivision regulations require a five-foot utility and drainage easement on all interior lot lines (as noted on the plat). FACTS: The property is located at the corner of Montvale Road and Indiana Avenue. The Corner Market and the house at 810 Montvale Road are currently on the same parcel. Location of 800, 802, and 810 Montvale Road and 420 Indiana Avenue

9 The Bishops would like to subdivide their property to separate the Corner Market from 810 Montvale Rd. and to create a vacant lot to the south of 810 Montvale Rd. Proposed Subdivision Layout The property was recently approved for a rezone, which took effect in May 2017; the image below shows what was approved. New zoning for 800, 802, and 810 Montvale Rd. and 420 Indiana Ave.

10 The subdivision creates a new nonconforming situation at the property line between lots 3 and 4, as the shed does not meet the 10 foot setback requirement in this zone (see preliminary plat, next page). None of the existing structures meet the front setback requirements of their respective zones, but this would be a nonconforming situation allowed to continue per the ordinance definition (see preliminary plat, next page). In Accordance With the City s Land Use Plan: Yes STAFF COMMENTS: The proposed preliminary plat creates individual lots for each residence, cleaning up the lot configuration there. Although there are many examples of accessory buildings at side property lines throughout the historic districts, these buildings were in place before the ordinance requirements and are therefore allowed to continue. At the same time, because this occurs elsewhere in the district, allowing this situation would not be out of character for the neighborhood. To accommodate the 10 setback for the shed on lot 3, the lot line would need to be moved 10 feet to the south, which would make it difficult to develop lot 4 (the lot width would be approximately 62. Staff believes this meets the requirement in provision (3) (b), cited above. The existing buildings on lot 1 (The Corner Market) are closer than current setbacks allow; however, this is a nonconforming situation that would be allowed to continue.

11 Proposed preliminary plat NORTH

12 Proposed final plat NORTH

13 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission INTRODUCTION: Matt Sprinkle is requesting approval of a final plat on behalf of LeConte Land Development, LLC; a previous preliminary plat for this property was approved in June of Location: On Farris Rd. near its intersection with Montvale Rd. Parcel Numbers: and Lot size: Approximately 2.69 ac. Zoning District: Residential REFERENCE: CITY OF MARYVILLE ORDINANCE, TITLE 14: ZONING AND LAND USE CONTROL Nonconforming Situations [ ]: N/A Zoning District [ ]: Residential district Permissible Use [ ]: N/A Landscape and Screening [ ]: N/A Density and Dimensional Regulations [ ]: Minimum lot size: 7,000 square feet Minimum lot width: 75 feet Setbacks: o Front, lots fronting Farris Rd.: (Farris Rd. is a collector): 40 feet o Front, lots facing easement or minor road: 25 feet o Side: 10 feet o Rear: 20 feet Whenever a private road that serves more than three lots or dwelling units, then: o If the lot is not also bordered by a public street (lots 3 and 4), buildings shall be set back from the centerline of the private road just as if such road were a public street. o If the lot is also bordered by a public street (lots 2 and 5), then the setback distance on lots used for residential purposes shall be measured from the inside boundary of the traveled portion of the private road.

14 SUBDIVISION REGULATIONS FOR MARYVILLE REGIONAL PLANNING COMMISSION Streets and Sidewalks [Article XI]: Access to Lots [Section 2]: Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property intended for use. Entrances to Streets [Section 4]: All driveway entrances and other openings onto streets within the city s planning jurisdiction shall be constructed so that: o o Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians, or vehicles traveling in abutting streets. Interference with the free and convenient flow of traffic abutting or surrounding streets is minimized. Definitions [Section 1]: Minor Street. A street whose sole function is to provide access to abutting properties. It serves a maximum of 9 dwelling units and handles up to 90 trips per day. Street Width, Sidewalk, and Drainage Requirements in Subdivisions [Section 7]: The following table provides minimum widths for ROW and pavement for the different options available to the developer: Street Type Min. ROW width Min. Pavement Width Easement [ XI, S10] 30 feet 16 feet Minor road with curb and gutter 40 feet 22 feet Minor road without curb and gutter 50 feet 18 feet General Layout of Streets [Section 8]: o All permanent dead-end streets shall be developed as cul-de-sacs except where no other practicable alternative is available. o The radius of the paved portion of the turnaround (measured to the other edge of the pavement) shall be 40 feet. The right-of-way of a cul-de-sac shall have a radius of 50 feet. o All lots located on a cul-de-sac or a portion thereof, shall have 30 feet of frontage on the public road (Illustrated below).

15 Public Streets and Private Easements [Section 10]: A subdivision in which the access requirement is satisfied by a permanent private easement that meets neither the public street standards nor ADA standards may be developed so long as, since the effective date of these regulations, no more than 4 lots have been created out of that same tract. One of the 4 lots must front a public right of way and have direct access onto that right of way. o The permit-issuing authority may not approve any subdivision served by a permanent private easement authorized by this subsection in which one or more of the lots thereby created is intended for: (i) two-family, or multi-family residential use, or (ii) any other residential or non- residential use that would tend to generate more traffic than that customarily generated by three (3) single-family residences. For safety reasons, the Planning Commission may require that a lot with frontage on a public road only access off of a permanent private easement. o To ensure that the intent of this subsection is not subverted, the permit-issuing authority may, among other possible options, require that the approved plans show the types and locations of buildings on each lot or that the lots in a residential subdivision served by a permanent private easement be smaller than the permissible size of lots on which two-family or multi-family developments could be located or that restrictive covenants limiting the use of the subdivided property in accordance with this section be recorded before the final plat approval. o The width of a permanent private easement within the corporate limits and the planning region shall be no less than 30 feet. The Planning Commission may require the width of the easement to be of a greater width if the commission deems appropriate. o Within the corporate limits of the City of Maryville: The improved portion within the easement from the driveway apron from the pavement of the street to 16 behind the common boundary of the right of way/property line shall be improved with any of the following material: 4 of stone and 1 of asphalt; or 4 of concrete. The Commission may designate the length of the road to be constructed in accordance with the above standards. o Two permanent private easements may not run side by side. Article XII, Utilities Utility Ownership and Easement Rights [Section 1]: The subdivision regulations require a five-foot utility and drainage easement on all interior lot lines (as noted on the plat). Article V, Major and Minor Subdivisions Variances. Where the applicant/owner can demonstrate that a portion of these regulations would cause unnecessary hardship if strictly adhered to, and when, because of the topographical or other conditions peculiar to the site, in the opinion of the Planning Commission, a departure may be made from the regulations without destroying the intent of the provisions, the Commission may authorize a variance. The Planning Commission shall not authorize deviations to these regulations unless they find that one or all of the following conditions apply: o Because of topographical conditions, surroundings, shape, or size of a specific tract or parcel involved, a particular hardship to the applicant or owner would result as distinguished from mere inconvenience.

16 o The conditions upon which the request for a variance is based are particular to the property for which the variation is sought and generally are not applicable to other properties in the immediate area and have not been self-imposed. Development costs or economic reasons alone are not grounds for a variance. FACTS: The property is located near the intersection of Montvale Rd. and Farris Rd. Farris Rd. presents challenges with sight distance, so the number and placement of curb cuts is critical. The new subdivision comprises seven lots and a detention area. Two are flag lots with access from an easement; the other five front Farris Rd. Under this proposal, three of the seven lots would have access from Farris Rd. (lots 1, 6, and 7) The private easement serves the remaining 4 lots (2, 3, 4, and 5) and terminates in a Y formation. The layout of the development has changed from the original preliminary plat submittal, submitted by a different owner. That preliminary plat also showed seven lots and a detention area. This proposal shows all seven lots having access off of Farris Rd. Six lots fronted Farris Rd. and the lot at the rear was a flag lot. The eighth lot was directly behind the detention area, which has since been determined is not possible. This plat is not in accordance with the subdivision regulations on two counts: o This plat proposes seven lots and a detention area; the regulations allow a maximum of four lots to be created when using an easement. o This plat proposes for the easement to serve four lots; the maximum number allowed by regulation is three. o The applicant is seeking a variance from the planning commission for both of these regulations. In Accordance with the City s Land Use Plan: Yes STAFF COMMENTS: The proposed preliminary plat creates less curb cuts onto Farris Rd. than the previous plat approved in June The number of lots in the development requires a minor road to service them per the definitions of minor roads and an easements. The applicant has opted to seek a variance from the planning commission to allow the easement to service 4 lots. Surveyor contended that, by right, lot 5 could have a curb cut onto Farris, which would allow the easement to serve three lots. However, this is an additional curb cut on top of what s already proposed. Options were provided as an alternative from seeking a variance in an attempt to bring the plat into accordance with regulations: o Change the easement to a minor road. This could be accomplished by shortening the length of the proposed road, bringing the cul-de-sac as close to lots 2 and 5 as the ROW will allow. That could allow the development to pick up an extra lot since the frontage requirement on a cul-de-sac is only 30 feet. Per the regulations, the Planning Commission could permit a smaller lot size to accommodate the lot, and it would offset the cost difference between an easement and a minor road (which the Engineering and Public Works Dept. has estimated to be approximately $50,000).

17 o Shared driveways between lots 1 & 2, and lots 6 & 7, which would limit the number of curb cuts to three, and allow the easement to serve lots 5, 3 & 4. o Create an individual driveway for either lot 2 or 5, which front Farris Rd. (not our preference due to the number of curb cuts this plat already presents). The applicant has submitted a development plan showing how a minor road with a cul-de-sac would affect the plan. This is the basis for their request for a variance. o The lots fronting Farris and the road (lots 2 and 5) could be shifted three feet away from the easement to meet the setback requirements, so that a tiny sliver of the corner would be all that extended over the ROW line. o The building on lot 4 could likewise be shifted so that a portion of the corners of the building would be all that extended over the front rear setback lines. o An extra lot of a smaller size could fit between lots 3 and 4. The topography and road traffic warrants fewer curb cuts than originally designed. However, this hardship is shared by the subdivision across the street. The topography does not prevent the developer from making reasonable use of the land. The terminating Y shape of the easement is permissible by the Fire Department, but is not listed as an option in the subdivision regulations. The easement serving the two properties at the rear of the development (lots 3 & 4) would require the homeowners to pull their trash to the curb, which is 182 feet from the edge of the Y formation. City of Maryville Zoning Map

18 Aerial view of the property to be subdivided at Farris Rd. Aerial view showing topography of Farris Rd. and the site

19 Previous preliminary plat submittal from June 2015

20 Proposed Subdivision Layout

21 Detention Area Lot 7 Lot 6 Lot 5 Lot 2 Lot 1 Lot 4 Lot 3 Submittal showing minor road as grounds for variance

22 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission INTRODUCTION: Subject: Tom Eustice is requesting approval of a final plat of Phase 7 of Waters Place Subdivision located along Waters Road. Location/Parcel ID: Waters Place Subdivision Phase 17 is located off of Waters Road and specifically located within the City of Maryville. Waters Place Subdivision is located adjacent to the American Legion meeting hall. Lot size: The proposed subdivision contains seventeen (17) phases with each phase containing 3 or 4 attached dwelling units. The subdivision was approved under the terms of the Integrally Designed Subdivision provisions found within the city s subdivision regulations. Zoning District: Residential City of Maryville Zoning Map

23 REFERENCE CITY OF MARYVILLE ORDINANCE, TITLE 14 ZONING AND LAND USE CONTROL Zoning District [ ]: Residential Permissible Use [ ]: Single family attached residential uses. Nonconforming Use [ ]: NA Supplemental Use Requirements [ ]: NA Landscape and Screening [ ]: NA Density and Dimensional Requirements [ ]: NA the development was designed as an Integrally Designed Subdivision, which allows flexibility in lot sizes, frontages, and setbacks, provided the overall density of the development meets those of the zone in which it s located. SUBDIVISION REGULATIONS FOR MARYVILLE REGIONAL PLANNING COMMISSION: Access to Lots [Article XI, Section 2]: Every lot shall access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property for its intended use. Integrally Designed Subdivisions [Article IX, Section 5]: In any integrally designed subdivision, the developer may create lots and construct buildings without regard to any minimum lot size, lot width, or setback restrictions except that: o Lot boundary setback requirements as found in the City Code shall apply where and to the extent that the subdivided tract abuts land that is not part of the subdivision, and o Each lot must be of sufficient size and dimensions that it can support the structure proposed to be located on it, consistent with all other applicable requirements of these regulations and of the City Code. The number of dwelling units in an integrally designed subdivision may not exceed the maximum density authorized for residential density. The purpose of this section is to provide flexibility consistent with the public health and safety and without increasing overall density to the developer who subdivides property and constructs buildings on the lots created in accordance with a unified and coherent plan of development. Usable Open Space [Article X, Section 3]: A residential development with more than 25 dwelling units shall be developed so that at least 5 per cent of the total area is reserved for usable open space. IN ACCORDANCE WITH THE CITY S LAND USE PLAN: Yes

24 FACTS: The subdivision abuts the boundary between the City of Maryville and Blount County. Aerial view of the entirety of the Waters Place development Aerial view of Phase 7 of the Waters Place development

25 The preliminary plat was approved the by planning commission on July 17, 2006 (see next page). Phase 7 Approved Preliminary Plat

26 The final plat for Phase 7 (see below) has not changed from the preliminary plat submission in It is a single-family attached unit development consisting of seventeen separate phases, each containing attached units. It was approved as an Integrally Designed Subdivision per the City s subdivision regulations. The proposed lot size and density for the subdivision are in accordance with regulations. o This development contains 49,949 square feet and 63 lots, giving it a density of The allowed density is % usable open space has been set aside in accordance with the open space requirements set forth in the city s subdivision regulations. o For this development, 2,498 square feet of open space is required; 65,824 square feet of usable open space has been provided in separate parcels located on opposite sides of the tract. All 4 units front Waters Place Drive. Proposed Final Plat for Phase 7

27 STAFF COMMENTS: Since the plat is in accordance with regulations and follows the preliminary plat, staff recommends approval.

28 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission INTRODUCTION: Katherine M. Chalfant is the owner of the property at 1801 Old Niles Ferry Road, Maryville, TN 37801/ Parcel 068G D The lot is currently zoned Residential and Business & Transportation. The applicant wants to rezone the portion on Old Niles Ferry Road from Residential to a zoning district that allows commercial use with low impact. Lot size: Parcel is 3.2 acres split by Sandy Springs into two 1.6 ac. sections (north of Sandy Springs Road: 0.98 ac. BT, 0.67 ac. Residential; south of Sandy Springs Road: 0.76 ac. BT; 0.86 ac. Residential) Zoning District: Combination of Business and Transportation District & Residential District REFERENCE: CITY OF MARYVILLE ORDINANCE TITLE 14 ZONING AND LAND USE CONTROL Amendments [ (5)]: Ultimate issue before council on amendments: In deciding whether to adopt a proposed amendment to this ordinance, the central issue before the council is whether the proposed amendment advances the public health, safety, or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the Mayor and excluded. In particular, when considering proposed minor map amendments: - The council shall not consider any representations made by the petitioner that if the change is granted the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification. - The council shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large. - The council shall consider the recommendation made by the planning commission. Zoning Districts [ ]: Business and Transportation District: The land uses in the area include commercial (wholesale and retail), office, highway-oriented commercial (e.g., service stations, convenience stores, light industrial (assembly, light manufacturing), public/institutional (e.g., municipal buildings, recreational facilities), and residential (medium and high density). Liquor stores are permitted in this district. Intensity of use is moderate to high, with impacts on adjacent areas being of primary concern. Body piercing and tattoo artists are permitted uses in this zoning district. Residential District: The land use and intensity of the area is low density residential. Some mix of building types may be included, e.g., two-family, three-family and four-family dwelling units.

29 Supplementary and complementary uses may exist in the area, such as recreation areas, schools, churches, and community centers. Office District: The land uses permitted in the office district are low density residential, professional and business offices and personal care services. The district is designed to accommodate a mixture of compatible professional and business offices, residential uses, personal care uses and services that neither generate large volumes of traffic nor need great amounts of off-street parking. It is the intent of the district to provide ample room and opportunity for all businesses without adversely impacting residential uses within the district or adjoining it. In addition, a tea room/cafe use may be an acceptable use in existing structures in this zone subject to approval of a special exception by the board of zoning appeals. Neighborhood District: The land uses in the neighborhood district are low density residential, professional and office type uses with limited commercial and retail operations as permitted uses. These uses are intended to be designed to minimize disruption of traffic flows and negative impact on adjacent residential uses. The district excludes all activities which generate large volumes of traffic need for great amounts of off-street parking, or which would have adverse impacts on the residential sector of the community or residential uses allowed within the district. Basic Definitions and Interpretations [ ]: Lots Divided by District Lines: (a) Whenever a single lot two (2) acres or less in size is located within two (2) or more different zoning districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot. (b) Whenever a single lot greater than two (2) acres in size is located within two (2) or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located. General Provisions [ ]: Relationship to land use plan. It is the intention of the council that this ordinance implements the planning policies and affects the zoning adopted by the council for the city, as reflected in the land-use plan and other planning and zoning documents. LAND USE PLAN 2035: Purpose: The Land Use Plan provides the basis for the zoning ordinance, which guide the implementation of the City s vision for development. The future land use map provides the points-of-reference from which the planning commission can deliberate proposed zoning changes. By requiring that zoning changes are in accordance with the planning commission s designations of future land use ensures that zoning addresses the broader concerns of the city. Adherence to the land use plan and to the zoning ordinance ensures consistency and stability for future development and provides a level of certainty to current and future land owners. Future Land Use: Mixed Use Future Land Use and Zoning: The following types of zoning districts are appropriate in a designated mixed use area: vertical mixed use (commercial with dwelling units above), low intensity commercial (small retail, restaurants, offices), institutional (public facilities, churches, schools, etc.), high density residential (attached housing, apartment buildings), and medium density residential (> 4 du/ac).

30 FACTS: This property is located between W. Broadway Ave. and Old Niles Ferry Rd. The property is on the same street as residences, both across the street and on the same side of the street. The current proposed use is in accordance with the Future Land Use Plan. The Residential portion of the lot is currently vacant. STAFF COMMENTS: Zoning the property Business and Transportation would make a contiguous connection with the BT zone above; however, the mix of uses is very broad and could result in a high-impact use in the future for this property. The Office district is a commercial zone that has the lowest potential for adverse impact (nuisance) on residential uses. The Neighborhood district is designed to provide low-impact, commercial services to nearby residents. The significant differences from Office are: in the Neighborhood district restaurants, bars, and nightclubs are allowed by special exception, and convenience stores are allowed by right; in the Office district restaurants, bars, nightclubs, and convenience stores are not allowed. Location of Proposed Action

31 Current Zoning Future Land Use

32 Aerial of Parcel 068G D

33

34 ORDINANCE NO. AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF MARYVILLE, TENNESSEE, AS SET FORTH IN SECTION THROUGH , TENNESSEE CODE ANNOTATED, BY REZONING THE RESIDENTIAL PORTIONS OF SPLIT PARCEL 068G D (BLOUNT COUNTY TAX MAP) TO THE OFFICE DISTRICT WHEREAS, the Maryville Regional Planning Commission has heard, reviewed and recommended that this amendment be granted favorable consideration by the Council of the City of Maryville; and, WHEREAS, the City Council of the City of Maryville, Tennessee desires to amend the Zoning Map of Maryville, Tennessee; and WHEREAS, the Council of the City of Maryville conducted a public hearing regarding this matter; and WHEREAS, reasonable consideration has been given in this matter toward preserving the characteristics of all districts and their uses, and the preservation of appropriate uses throughout the districts; and WHEREAS, the request is in accordance with the City of Maryville Land Use Plan NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MARYVILLE, TENNESSEE: SECTION 1. That the portions of split parcel 068G D (Blount County Tax Map) located in the Residential District be rezoned to the Office District. SECTION 2. This ordinance shall be effective from and after the effective date of this ordinance, the public welfare requiring it. Mayor

35 ATTEST: City Recorder APPROVED AS TO FORM: City Attorney Passed 1 st Reading,2016 City Recorder Passed 2 nd Reading,2016 City Recorder 2

36 TABLE OF PERMISSIBLE USES LEGEND: ZONING DISTRICT DESIGNATIONS: 1 - allowed by right I. Residential 2 - special exception II. Business and Transportation 3 - prohibited III. Environmental Conservation IV. Central Community V. Single Family VI. Office VII. Neighborhood LAND USE: ZONES: RESIDENTIAL I II III IV V VI VII Single-family detached, one dwelling unit per lot Site-built and modular structures Very low density (to 1.0 per acre) Low density (to 4.0 per acre) 3 Low density (to 5.0 per acre) Single-family detached, more than one dwelling unit per lot Site-built and modular structures Low density (to 5.0 per acre) Medium density (to 8.0 per acre) Mobile Homes (mobile home park) Two-family Residences Duplex Primary residence with accessory apartment Two-family conversion Multi-family Residences Multi-family apartments Multi-family townhouses Multi-family conversion Homes with special services treatment, or supervision Home for handicapped for infirmed** Nursing care, intermediate care homes Independent Living and Care Facility Assisted living housing Child care homes Continuing care retirement community Halfway houses Adult day care Miscellaneous, rooms for rent situations Hotels, motels

37 Rooming and boarding houses Planned residential developments Gathering place Home occupations **Group homes which meet the definition of same in the Tennessee Code Annotate are allowed by right in the Residential zoning districts. SALES AND RENTAL OF GOODS, MERCHANDISE AND EQUIPMENT No storage or display of goods outside fully enclosed building High-volume traffic* Convenience stores Wholesale sales Low-volume traffic generation Storage and display of goods outside fully enclosed building allowed High-volume traffic Low-volume traffic generation Wholesale sales *Based on current ITE standards. OFFICE, CLERICAL, RESEARCH AND SERVICES NOT PRIMARILY RELATED TO GOODS OR MERCHANDISE All operations conducted entirely within fully enclosed building Operations designed to attract and serve clients on the premises, e.g. office of attorneys, physicians, and other professional offices and land uses and personal care services and providers of such services including cosmetologists and barbers, licensed massage therapists, and other trades that require a state license to practice said employment Operations designed to attract little or no client traffic other than employees of the entity operating the principle use Body piercing, tattoo artists, and tattoo parlors Offices or clinics of physicians or dentists with not more than 10,000 square feet of floor area Operations conducted within or outside fully enclosed building Operations designed to attract and serve clients on the premises Operations designed to attract little or no client traffic other than the employees of the entity operating the principle use

38 Banks including those with drive-in windows LIGHT INDUSTRIAL MANUFACTURING, PROCESSING, CREATING, REPAIRING, RENOVATING, PAINTING, CLEANING, ASSEMBLY OF GOODS, MERCHANDISE AND EQUIPMENT All operations conducted entirely within fully enclosed building Majority of business volume done with walk-in trade Majority of business volume done with other than walk-in trade Operations conducted within or outside fully enclosed building Incinerator Animal or poultry slaughter stockyards and rendering EDUCATION, CULTURAL, RELIGIOUS, PHILANTHROPIC, SOCIAL, FRATERNAL USES Schools Elementary and secondary Trade or vocational Colleges, universities, community colleges Churches, synagogues, and temples In locations previously approved by BZA (See (27)) In storefront locations Libraries, museums, art galleries, and similar uses Social, fraternal clubs and lodges, union halls and similar uses Conference/training center RECREATION, AMUSEMENT, ENTERTAINMENT Activity conducted entirely within building or substantial structure Bowling alleys, skating rinks, indoor tennis and racquetball courts, indoor athletic facilities and similar uses Billiard halls Movie theaters Coliseums, stadiums and similar facilities designed to seat or accommodate more than 1,000 people simultaneously Activity conducted primarily outside enclosed buildings or structure

39 Privately owned outdoor recreational facilities (golf and country clubs, swimming or tennis clubs or other uses, when not associated with a residential development) (i.e., not part of an overall development the primary land use of which is residential) Subject to criteria found in article XI, part 1. general provisions, section 10 Publicly owned and operated outdoor recreational facilities (athletic fields, tennis courts, swimming pools, parks, golf courses when not associated with a public institutional use, such as schools Golf driving ranges no accessory to golf courses, miniature golf courses, skateboard parks, water slides and similar uses Horseback riding stables, when not associated with residential development Automobile and motorcycle racing tracks Drive-in movie theaters Adult entertainment INSTITUTIONAL RESIDENCE OR CARE OR CONFINEMENT FACILITIES Hospitals, clinics, and other medical, including mental health treatment facilities in access of 10,000 square feet or floor area Nursing care institutions, intermediate care institutions, child care institutions Institutions (other than halfway houses) where mentally ill persons are confined Penal and correctional facilities RESTAURANTS, BARS, NIGHTCLUBS No substantial carry-out or delivery service, no service or consumption outside fully enclosed structure No substantial carry-out or delivery service, no drivein service, service or consumption outside fully enclosed allowed Carry-out and delivery service, consumption outside fully enclosed structure allowed Carry-out and delivery service, drive-in service, service or consumption outside fully enclosed structure allowed No substantial carry out or delivery service, and consumption outside and inside fully enclosed allowed

40 Tearoom/café no substantial carry out or delivery service, and consumption outside and inside fully enclosed allowed MOTOR VEHICLE-RELATED SALES AND SERVICE OPERATIONS Motor vehicle sales or rental Sales with installation of motor vehicle parts or accessories Mobile home and motor home sales Motor vehicle repair and maintenance, including body work subject to the provisions found elsewhere in this document, specifically Gas sales Car wash STORAGE AND PARKING Automobile parking garages and lots not located on a lot on which there is another principle use to which the parking is related and required shall be a special exception in accordance with Paragraph (e) of (9) of Storage of goods not related to sale or use of those goods on the same lot where they are stored Storage inside or outside completely enclosed structures Bulk petroleum storage Liquefied petroleum gas storage Freight and truck terminal All storage within completely enclosed Structures Storage inside or outside completely enclosed Structures Parking of vehicles or storage of equipment outside enclosed structures where: (i) vehicles or equipment are owned and used by the person making use of the lot, and (ii) parking or storage is more than a minor and incidental part of the overall use made of the lot SCRAP MATERIALS, SALVAGE YARDS, JUNKYARDS, AUTOMOBILE GRAVEYARDS SERVICES RELATED TO ANIMALS Veterinarian Kennel

41 EMERGENCY SERVICES Police stations Fire stations Rescue squad, ambulance service Civil defense operation AGRICULTURAL, SILVICULTURAL, MINING, QUARRYING OPERATIONS Agricultural operations, farming Excluding livestock Including livestock Silvicultural operations Mining or quarrying operations, including on-site sales of products Reclamation landfill Leased Garden Area MISCELLANEOUS PUBLIC AND SEMI-PUBLIC FACILITIES Post office Sanitary landfill Military Reserve, National Guard Centers DRY CLEANER, LAUNDROMAT UTILITY FACILITIES Neighborhood Community or Regional TOWERS AND RELATED STRUCTURES Towers, antennas 50 feet tall or less* Towers, antennas more than 50 feet tall and receive only earth station FARMERS' MARKETS AND HORTICULTURAL SALES Farmers' markets Horticultural sales with outdoor display FUNERAL HOME CEMETERY AND CREMATORIUM Cemetery Crematorium NURSERY SCHOOLS; DAY CARE CENTERS BUS STATION

42 COMMERCIAL GREEHNOUSE No on-premise sales On-premise sales permitted OFF-PREMISE SIGNS SUBDIVISIONS Major Minor PLANNED UNIT DEVELOPMENTS

43 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission INTRODUCTION: Subject: Travis Fuller is requesting approval to amend the future land use map so that the property identified as parcel is designated as Residential (currently designated Industrial). This property is currently under a purchase agreement and is part of parcel on the Blount County Tax Map. Location: No address has been assigned yet, as the sale of the property closes on June 8. The property is located adjacent to and directly above the recently annexed property at 2127 Morganton Rd. Lot size: ac. City of Maryville Current Land Use Map

44 REFERENCE: CITY OF MARYVILLE ORDINANCE, TITLE 14 ZONING AND LAND USE CONTROLS General Provisions [14-201]: Relationship to land use plan. It is the intention of the council that this ordinance implements the planning policies and affects the zoning adopted by the council for the city, as reflected in the land use plan and other planning and zoning documents. In Accordance with Land Use Plan: Not without the requested amendment changing the Future Land Use to residential. CITY OF MARYVILLE LAND USE PLAN 2035 Purpose. The Plan balances concerns of constraints, opportunities, economic necessities, aesthetics, and the health and welfare of the population into the long-term development of the population across the city and provides a rationale for future changes. It provides the basis for the zoning ordinance, which guide the implementation of the City s vision for development. o o The future land use map provides the points-of-reference from which the planning commission can deliberate proposed zoning changes. By requiring that zoning changes are in accordance with the planning commission s designations of future land use ensures that zoning addresses the broader concerns of the city. The future land use map and the zoning map provide current and future land owners the development framework for the city on which investment decisions can be made. Adherence to the land use plan and to the zoning ordinance ensures consistency and stability for future development and provides a level of certainty to current and future land owners. Trending Use. The city s predominant land use is residential and is primarily separated from other land uses. Other separated land uses are industrial, and high intensity commercial and retail. Economic Flexibility. The primary consideration is that the City is positioned to meet the future needs for residential, commercial, industrial, and public (institutional) uses. Optimal Transportation Connections. Future commercial land use will take advantage of primary travel routes and proximity to customer population centers. Mixed Use areas will provide both retail and residential opportunities, thereby reducing vehicle miles traveled for essential goods. Compatibility. To achieve compatibility between land uses, the future land use plan adopts the following rationale: o o o The most intense land use (industrial) should be a separated land use The least intense land use (low density residential) should be a separated land use Where feasible, land uses should be spatially tiered Land uses with the highest potential for creating nuisance should have the most separation from land uses with highest sensitivity to nuisance Medium intensity uses should buffer separated uses

45 City of Maryville Future Land Use Map FACTS: This property abuts the recently annexed property at 2127 Morganton Rd. Access point Recently annexed property at 2127 Morganton Rd. Location of 1310 W. Broadway Property has access to Morganton Rd. from roadways in the adjacent residential development that run to the edge of the property.

46 The residential property would need to be buffered from industrial uses to the north and northwest to separate these uses. The residential property would abut other residential properties to the east and southeast to separate these uses. Aerial view of property to be rezoned in relation to current zoning LEGEND: Industrial Business and Transportation Residential High Density Residential STAFF COMMENTS: If this property and the annexed property are tied together (both have the same owner, so this is likely), this property would be a part of a larger overall scheme involving both, and which would include stormwater management, additional new roads, and utilities. Trending Use (FLU 2015): Residential and Industrial uses are the least and most intensive uses, respectively. Typically, it isn t advisable for them to be adjacent. However, changing this property to a residential zone creates the same situation as the adjacent residential property to the east and southeast. Optimal Transportation Connections (FLU 2035): No road network plan has been proposed at this time between Morganton Rd. and the property under consideration; therefore, it is unclear what the connection(s) will be. The property is not situated near any of the commercial zones, with the exception of the Business and Transportation zone in the annexed property to the southeast, requiring more vehicle miles traveled.

47 Compatibility (FLU 2035): Residential and Industrial uses are not compatible. Considerable buffering would be needed to provide adequate separation and avoid a nuisance for the residential uses from the industrial.

48 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission INTRODUCTION: Subject: Travis Fuller is requesting approval to rezone the property identified as parcel from the Industrial zone to the Residential. This property is currently under a purchase agreement and is part of parcel on the Blount County Tax Map. Location: No address has been assigned yet, as the sale of the property closes on June 8. The property is located adjacent to and directly above the recently annexed property at 2127 Morganton Rd. Lot size: ac. City of Maryville Zoning Map

49 REFERENCE: CITY OF MARYVILLE ORDINANCE, TITLE 14 ZONING AND LAND USE CONTROL Amendments [ (5)]: Ultimate issue before council on amendments: In deciding whether to adopt a proposed amendment to this ordinance, the central issue before the council is whether the proposed amendment advances the public health, safety, or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the Mayor and excluded. In particular, when considering proposed minor map amendments: o The council shall not consider any representations made by the petitioner that if the change is granted the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification. o The council shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large. o The council shall consider the recommendation made by the planning commission. Zoning Districts [ ]: Current: Industrial zone Requested: Residential District Residential District [14-209] The land use and intensity of the area is low density residential. Some mix of building types may be included, e.g., two-family, three-family and four-family dwelling units. Supplementary and complementary uses may exist in the area, such as recreation areas, schools, churches, and community centers. Permissible Uses [ ]: Low and very low single family detached dwellings and primary dwellings with accessory apartments. Allowed by special exception: Low and medium density site-built or modular structures, duplexes, two-family conversions, multifamily conversions, and multifamily townhomes. Certain institutional living facilities also require a special exception permit. Nonconforming Use [ ]: Nonconforming situations that were otherwise lawful on the effective date of this ordinance may be continued. Density and Dimensional Requirements [ ]: Minimum Lot Size: 7,000 square feet Without sanitary sewer: 30,000 square feet Without sanitary sewer and public water: 35,000 square feet Minimum Lot Width: 75 feet Maximum Building Height: 35 feet Primary Structure Setbacks: Front: General requirement: 25 foot minimum If located on a collector street: 40 foot minimum

50 If located on an arterial street: 50 foot minimum Side: 10 foot minimum Rear: 20 foot minimum Accessory Structure Setbacks: If accessory structure is less than 12 feet in height: Front: Same as primary structure. Side: 10 feet Rear: 5 feet If accessory structure exceeds 12 feet in height: Front: Same as primary structure. Side: 10 feet + 2 feet for every foot over 12 feet in height Rear: 5 feet + 2 feet for every foot over 12 feet in height FACTS: This property abuts the recently annexed property at 2127 Morganton Rd. Property has access to Morganton Rd. from a road connecting to the adjacent residential development that runs to the edge of the property. Access point Recently annexed property at 2127 Morganton Rd. Location of 1310 W. Broadway

51 The residential property would need to be buffered from industrial uses to the north and northwest. The residential property would abut other residential properties to the east and southeast. Aerial view of property to be rezoned in relation to current zoning LEGEND Industrial Business and Transportation Residential High Density Residential In Accordance With Land Use Plan: Not without the requested amendment changing the Future Land Use to residential. STAFF COMMENTS: The change to a residential zone creates the same situation as the adjacent residential property to the east and southeast. If this property and the annexed property are tied together (same owner, so this is likely), this would be a part of a larger overall scheme involving both properties and which would include stormwater management, road layout, and utilities.

52 ORDINANCE NO. AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF MARYVILLE, TENNESSEE, AS SET FORTH IN SECTION THROUGH , TENNESSEE CODE ANNOTATED, BY REZONING PARCEL (BLOUNT COUNTY TAX MAP) FROM THE INDUSTRIAL DISTRICT TO THE RESIDENTIAL DISTRICT WHEREAS, the Maryville Regional Planning Commission has heard, reviewed and recommended that this amendment be granted favorable consideration by the Council of the City of Maryville; and, WHEREAS, the City Council of the City of Maryville, Tennessee desires to amend the Zoning Map of Maryville, Tennessee; and WHEREAS, the Council of the City of Maryville conducted a public hearing regarding this matter; and WHEREAS, reasonable consideration has been given in this matter toward preserving the characteristics of all districts and their uses, and the preservation of appropriate uses throughout the districts; and WHEREAS, the request is in accordance with the City of Maryville Land Use Plan NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MARYVILLE, TENNESSEE: SECTION 1. That parcel (Blount County Tax Map) located in the Industrial District be rezoned to the Residential District. Said property is shown on the attached map that is made a part of this ordinance. This property was recently purchased and was part of parcel on the Blount County Tax Map. SECTION 2. This ordinance shall be effective from and after the effective date of this ordinance, the public welfare requiring it. Mayor

53 ATTEST: City Recorder APPROVED AS TO FORM: City Attorney Passed 1 st Reading,2016 City Recorder Passed 2 nd Reading,2016 City Recorder Aerial showing parcel , previously part of parcel on Blount County Tax Map 056 2

54 Blount County Tax Map 056 Blount County Tax Map 057 3

55

56 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission INTRODUCTION: Richard and Tina Wade request that the City s Zoning Ordinance be changed; specifically that the ordinance prohibit smokers/cookers from being placed in the front or within 100 feet of any adjacent commercial building in the Washington Street Commercial Corridor. District size: acres Zoning District: Washington Street Commercial Corridor District REFERENCE: TENNESSEE CODE ANNOTATED (2017) Amendments to zoning ordinances. The zoning ordinance, including the maps, may from time to time be amended; but no amendment shall become effective unless it is first submitted to and approved by the planning commission or, if disapproved, receives the favorable vote of a majority of the entire membership of the chief legislative body Enforcement of ordinances -- Remedies -- Applicability of provisions. (b) (1) In the event that a zoning change occurs in any land area where such land area was not previously covered by any zoning restrictions of any governmental agency of this state or its political subdivisions, or where such land area is covered by zoning restrictions of a governmental agency of this state or its political subdivisions, and such zoning restrictions differ from zoning restrictions imposed after the zoning change, then any industrial, commercial or business establishment in operation, permitted to operate under zoning regulations or exceptions thereto prior to the zoning change shall be allowed to continue in operation and be permitted; provided, that no change in the use of the land is undertaken by such industry or business. CITY OF MARYVILLE ORDINANCE TITLE 14 ZONING AND LAND USE CONTROL Amendments [ (5)]: Ultimate issue before council on amendments: In deciding whether to adopt a proposed amendment to this ordinance, the central issue before the council is whether the proposed amendment advances the public health, safety, or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the Mayor and excluded. In particular, when considering proposed minor map amendments: - The council shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large. - The council shall consider the recommendation made by the planning commission.

57 Non-conforming Situations [ ]: (2)... nonconforming situations that were otherwise lawful on the effective date of the provisions of this ordinance may be continued. Zoning Districts [ ]: Washington Street Commercial Corridor District: (m) Land uses: Washington Street, through a mixed urban pattern, serves pedestrians and motorists but shall not develop as a suburban/highway commercial strip with deep setbacks and large upfront parking. The district shall promote connectivity between businesses for both pedestrian and vehicles. (i) Residential: Attached homes including apartments, condominiums, and lofts above storefronts are permitted. Single-family detached housing is not allowed. (ii) Mixed uses: Appropriate uses will accommodate a variety of needs, especially those of residents who live nearby and tourists who visit downtown. Light manufacturing for local consumption and distribution may be allowed by special exception. (iii) Prohibited uses: Adult establishments, large-scale manufacturing, mini-storage, landfill or mining, hazardous occupancies or storage of hazardous materials, or any uses not determined to be compatible with the function, character, and intent of the Washington Street Commercial Corridor. FACTS: Commercial Use: 63% Institutional Use: 18% Residential Use: 5% Undeveloped: 14% STAFF COMMENTS: The restriction prohibiting a smoker/cooker within 100 feet of any building effectively prohibits them at large in the Washington Street Commercial Corridor District.

58 Maryville Location of Washington Street Commercial Corridor District Commercial Institutional Residential Undeveloped Washington Street Commercial Corridor District Current Land Use

59 WSCC District with Building Buffer of 100 feet WSCC with Building Buffer of 100 feet and Solid Background

60 Richard A. Wade CDT d.b.a. Wade Dental Ceramics est (865) Tina M. Wade LMT d.b.a. Body Retreat Therapeutic Massage est.1997 (865) S. Washington Street Maryville TN March 14, 2017 Maryville City Council We would like to thank the city's Development Service Staff, members of the Planning Commission, Downtown Design Review Board and Board of Zoning Appeals for their work on the guidelines and vision for the Washington Street Commercial Corridor to make it more pedestrian friendly with green spaces. We have concerns about the property located at 606 High St. formerly The Market at High and Washington. The building is being marketed as a restaurant. Proposed tenants have expressed interest in putting a smoker/cooker in front of the building. We have faced this problem in the past with The Market placing a smoker/cooker in the front parking lot next to our building. The smoke from the smoker infiltrated our building and permeated everything inside. We had endless customer complaints resulting in loss of business. Richard developed upper respiratory problems in which he had to seek medical attention for. We are in a unique situation as our building sits at the front of the property and we have a zero lot line with the building at High and Washington. Therefore anything in front of the building comes in our front door. It also is trapped between the two buildings in the small corridor space in the back of our building and enters through our windows, eave vents, and A/C unit. Therefore we had to hire a lawyer to mediate between us and The Market. The smoker was moved to the back of the building by the door nearest High Street. This was helpful but our parking lot and cars still smelled of smoke. We would like to petition the City Council to enact an ordinance to prohibit smokers/cookers from being placed in the front or within 100 feet of any adjacent commercial building in the Washington Street Commercial Corridor. Thank You for your consideration Richard and Tina Wade Applicants Letter

61 ORDINANCE NO. AN ORDINANCE AMENDING MARYVILLE MUNICIPAL CODE TITLE 14, CHAPTER 2, SECTION (5) WASHINGTON STREET COMMERCIAL CORRIDOR DISTRICT WHEREAS, the Maryville Regional Planning Commission has heard, reviewed and recommended that this amendment be granted favorable consideration by the Council of the City of Maryville; and, WHEREAS, reasonable consideration has been given in this matter toward preserving the characteristics of the district and its use, and the preservation of appropriate uses throughout the district; and and WHEREAS, the amendment promotes the health, safety, and welfare of the general public; WHEREAS, the amendment is consistent with the vision and goals of the City of Maryville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARYVILLE, TENNESSEE, THAT TITLE 14 ZONING AND LAND USE ORDINANCE OF THE MARYVILLE MUNICIPAL CODE IS HEREBY AMENDED, as follows: SECTION 1. Repeal and replace Title 14, Chapter 2, Section (5) Washington Street Commercial Corridor subsection (m) Land Uses, subsection (iii) Prohibited Uses, with: (i) Prohibited uses: Adult establishments, large-scale manufacturing, mini-storage, landfill or mining, hazardous occupancies or storage of hazardous materials, smokers/cookers in the front of or within 100 feet of any adjacent commercial building, or any uses not determined to be compatible with the function, character, and intent of the Washington Street Commercial Corridor. SECTION 2. This ordinance shall be effective from and after its passage, the public welfare requiring it.

62 Mayor ATTEST: City Recorder APPROVED AS TO FORM: City Attorney Passed 1 st Reading, 2017 City Recorder Passed 2 nd Reading, 2017 City Recorder

63 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission INTRODUCTION: Proponent: Susan Daffron is requesting approval of a prayer box installation outside of Broadway United Methodist Church. Location: 309 E. Broadway Ave. Lot size: 0.72 ac. Zoning District: Washington Street Commercial Corridor City of Maryville Zoning Map

64 REFERENCE CITY OF MARYVILLE ORDINANCE, TITLE 14 LAND USE AND ZONING CONTROL Downtown Design Review Board [ (8)]: The Downtown Design Review Board is an advisory committee to the Maryville Regional Planning Committee. Zoning District: Central Business District Facades [ (4) (f)]: Paint colors must be of historic precedent, compatible with adjacent properties and approved by the DDRB. Applicants must submit paint chips, brick samples, etc. to the Review Board for all proposed new paint projects, building construction, and façade alteration. Zoning districts - accessories/details [ (4) (i)]: Details such as shutters, balconies, overhangs, exterior lighting, security lighting, etc. must be reviewed and approved by the Downtown Maryville Design Review Board as compatible with the original building facade; FACTS: The building is located at 309 E. Broadway Ave. and was built in It comprises an entire block bordered by Broadway, Harper, Patton Alley, and College St. Location of 309 E. Broadway Ave.

65 Street View of 309 E. Broadway Ave. Proposed location of prayer box Here is their formal request and description of their proposal:

66

67 The following images show the materials, colors and overall design of the box, as well as its proposed location on the property. The 2x4 stud leaning on the brick behind the gentleman holding the box is to be the support pole.

68 STAFF COMMENTS: The scale of the prayer box is small enough to where the bright color is not a detractor for the adjacent properties.

69

70 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission INTRODUCTION: Subject: Validation of DDRB decision to approve the outdoor wall art for the façade at 117 E. Broadway Ave. Location: 117 E. Broadway Ave. Lot size: 0.09 ac. Zoning District: Central Business District City of Maryville Zoning Map

71 REFERENCE CITY OF MARYVILLE ORDINANCE, TITLE 14 ZONING AND LAND USE CONTROL Downtown Design Review Board [ (8)]: The Downtown Design Review Board is an ad hoc, advisory committee to the Maryville Regional Planning Commission. Zoning District: Central Business District Support zone Facades [ (8)(f)]: Substantial removal, alteration, or covering of original facades shall not be permitted. Facades composed of brick or masonry must be repointed and cleaned to a condition indicative of their original finish. Facades may be repaired and repainted. Applicants must submit paint chips, brick samples, awning fabric samples, etc. to the Review Board for all proposed new paint projects, building construction, and façade alteration. Paint colors must be: o Of historic precedent o Compatible with adjacent properties o Approved by the Downtown Maryville Design Review Board. Permissible Use [ (5)(j)]: N.A. Nonconforming Use [ (5)(j)]: N.A. FACTS: The building is located at 117 E. Broadway Ave. and was built in Aerial view of 117 E. Broadway Ave.

72 The building is the second from the corner of N. Court St. and E. Broadway Ave. Street view of 117 E. Broadway Ave. The first and second floors are separated by a band of corrugated metal, on which the applicant proposes to hang the outdoor wall art. The rendering also shows the proposed signage, but this is no longer subject to review by the DDRB per the February approval to the DDRB section of the ordinance. Rendering of proposed wall art and its placement on the building

73 The sculpture will be steel with a yellow powder coat applied; the applicant is bringing paint chips with her to the meeting, but the rendering shows the color intent. STAFF COMMENTS: The wall art is interesting and adds a unique element to the building. The yellow might be a bit bright for the area, however. No dimensions were provided; however, since staff has asked, the applicant might have them by the time of the meeting.

74 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission INTRODUCTION: Subject: Rodney Elliott is requesting approval to repaint the façade of the Blount County Clerk s Office Location: 205 N. Cusick St. Lot size: 1.30 ac. Zoning District: Central Business District Support zone City of Maryville Zoning Map

75 REFERENCE CITY OF MARYVILLE ORDINANCE TITLE 14, ZONING AND LAND USE CONTROL Downtown Design Review Board [ (8)]: The Downtown Design Review Board is an ad hoc, advisory committee to the Maryville Regional Planning Commission. The purpose of the board is to assist in creating guidelines and standards for downtown development, and to review all conceptual plans for construction, alteration, repair, rehabilitation, relocation of any structure, or demolition of any historically significant structure, in the downtown districts for compliance with those standards. Zoning District: Central Business District Support zone Facades [ (8)(f)]: Substantial removal, alteration, or covering of original facades shall not be permitted Facades composed of brick or masonry must be repointed and cleaned to a condition indicative of their original finish Facades may be repaired and repainted. Applicants must submit paint chips, brick samples, awning fabric samples, etc. to the Review Board for all proposed new paint projects, building construction, and façade alteration. Paint colors must be: o Of historic precedent o Compatible with adjacent properties o Approved by the Downtown Maryville Design Review Board. Permissible Use [ (5)(j)]: N.A. Nonconforming Use [ (5)(j)]: N.A. FACTS: The building is located at 205 N. Cusick St. and was built in Aerial view of 205 N. Cusick St.

76 It is located on the last parcel in the City of Maryville, sharing a border with Blount County; it is on the other side of the greenway across from downtown. Aerial view of 205 N. Cusick St. showing location in reference to the City/County border The building is comprised of stucco and stone walls on the exterior Street view of 205 N. Cusick St.

77 Street view of 205 N. Cusick St. The owner has submitted paint samples for the Board s review, and the hard copies will be provided at the meeting. The applicant proposes Gray Hearth (middle color below) for all exterior walls that are not of stone and for the horizontal band above the roof:

78 The applicant claims the original proposal for this building consisted of interior renovations only; the exterior changes were a result of structural damage to the building. Certain elements needed to be torn down and rebuilt to meet code. In actuality, building plans included minor façade changes the window to the right of the door was replaced with a door, and another façade changed doors. The floor plans do not contain a north arrow, so it is unclear which side of the façade contains the changes. However, all sides of the building are visible from the street.

79 Photos of the current façade after completion of the construction phase of the renovation: Photo of building looking towards Alcoa from Cusick St., after renovations complete Photo of building looking towards downtown from Cusick St.

80 Close-up of building post renovation, awaiting paint (this color is the primer) STAFF COMMENTS: The building s proximity to the City/County border and its separation from downtown make it less of a detraction from the downtown area. The selected color is similar to the color designated HC-166, Kendall Charcoal, from Benjamin Moore s Historical Collection brochure. It might be a little stark in contrast to the stone.

81 Department of Development Services Staff Report May 15, 2017 FOR: Maryville Regional Planning Commission Subject: Side setback requirements in three of the City s commercial zones Proponent: Department of Development Services Location: N.A. Lot Size: N.A. Zoning Districts: High Intensity Commercial Zone, the High Intensity Retail District and the Heritage Development Zone City of Maryville Zoning Map

82 PROPOSED ACTION: Provide the Maryville City Council with a recommendation regarding the proposed text amendment that would replace (7) Heritage Development Zone, (11) High Intensity Commercial District, and (18) High Intensity Retail District. See proposed ordinance, attached. REFERENCE: CITY OF MARVILLE ORDINANCE, TITLE 14 ZONING AND LAND USE CONTROL Zoning District [ (7)]: Heritage Development Zone. The Heritage Development Zone's proximity to the original site of Ft. Craig, the Central Business District, and its location on the greenbelt shall provide opportunities for festivals, festive retail, cultural and heritage-related uses such as museums, craft shops, antiques, or any appropriate use that will attract locals and tourists to the area. In an effort to expand development opportunities for vacant lots and buildings within the Heritage Development Zone, all lots within the district that have frontage along E. Church Avenue shall be afforded the right to develop under the same standards as outlined in the Central Business District zone. Allowing this flexibility will ensure a more cohesive development pattern along both sides of E. Church Avenue. Land uses: N.A. Lot dimensions: o Lot size: no minimum o Lot width: no minimum Setbacks: o Front: 20 foot maximum setback to the street right of way or greenbelt. Building setback preferably should line flush with existing buildings in the district. o Side: 10 foot minimum. o Rear: No minimum. Maximum variable depending upon placement of parking as determined by the Downtown Maryville Design Review Board. Landscaping: This article shall apply to any non-residential development that abuts residential property. o Type B2 Landscaping: Requires screen width of feet Parking: N.A. Height: N.A. Windows and Doors: N.A. Facades: N.A. Materials: N.A. Signs: N.A. Accessories/details: N.A. Demolition: N.A.

83 Zoning District [ (11)]: High Intensity Commercial District. The High Intensity Commercial District is a highly visible commercial zone which will accommodate large scale conglomerate developments consisting of at least twelve (12) stores or parcels and at least 5 (five) acres in area. The district encourages mixed use developments including department stores, multifamily residential, assisted living, family entertainment uses, specialty stores, and theme or fast food restaurants. The district will serve both local and regional markets, and shall be located only where traffic can be absorbed on or along major arterial highways. Land uses: N.A. Lot Dimensions: o Lot size: no minimum o Lot width: no minimum Setbacks: Setback from existing utility easements must be observed, otherwise: o Front: 40 ft. minimum setback from property line. o Side: 10 ft. minimum if not abutting residential uses; 25 ft. if abutting residential uses. o Rear: 10 ft. minimum if not abutting residential uses; 25 ft. if abutting residential uses. Landscaping: This article shall apply to any non-residential development that abuts residential property. o Type B2 Landscaping: Requires screen width of feet Parking: N.A. Height: N.A. Signs: N.A. Zoning District [ (18)]: High Intensity Retail District The High Intensity Retail (H.I.R.) District is established to support and encourage concentrated retail development along major road corridors where most types of public infrastructure and services are already present. Shopping and dining are among the main activities in this district, and a primary goal for this zone is to stimulate retail-oriented economic activity and the accompanying generation of sales tax revenues. Mixed-use developments and certain non-retail uses that are compatible with the retail uses may also be allowed in the district, subject to specific locational criteria. Land Uses: N.A. Density and Dimensional Requirements: o Minimum Lot Size: Lots containing a single building and a single tenant: 30,000 square feet. A single building with 2 or more tenants: 1 acre For a unified development with 2 or more buildings and tenants, and which is under common design, construction and management: 1.5 acres, but there shall be no minimum lot size requirement for the individual buildings.

84 o Minimum Lot Width: For individual lots, which are not within a unified development, the ratio of lot depth to lot width shall be no more than 3:1. Landscaping: This article shall apply to any non-residential development that abuts residential property. o Type B2 Landscaping: Requires screen width of feet Parking and access: N.A. Building Height: N.A. Primary Structure Setbacks: Building setbacks from existing utility easements must be observed, otherwise: Front: General requirement: 20 If located on a collector street: 40 If located on an arterial street: 50 Side: none unless adjacent to residential, in which case it is a 10 minimum Rear: none unless adjacent to residential, in which case it is a 10 minimum Signs: N.A. FACTS: The following commercial zones have no side setback requirements unless adjacent to residential (in which case the side setback varies): o Business and Transportation o Central Community o Office o Neighborhood o Central Business (downtown) o Washington Street Commercial Corridor (downtown) o Central Business Support (downtown) The following commercial zones have side setback requirements: o Office Transition (downtown) o Heritage Development (downtown) o High Intensity Commercial o High Intensity Retail PROPOSED CHANGES: Side Setbacks: Change the side setback requirement in the three zones to no minimum except in circumstances where the property is adjacent to residential uses. o In High Intensity Retail and High Intensity Commercial, the provision requiring a 25 ft. side setback for properties adjacent to residential uses is retained. o In the Heritage Development Zone, the requirement for properties adjacent to residential uses would be 10 feet, the same as the other downtown zones with no minimum side setback requirement.

85 STAFF COMMENTS: Removing the 10 minimum when it is not necessary allows businesses to build density in the shopping center and builds flexibility into the zone. Maintaining the minimum setback when property is adjacent to residential use continues the protection of a buffer zone for residences. AERIALS OF ZONES: Heritage Development Zone This is one of the downtown districts, adjacent to Washington Street Commercial Corridor Aerial view showing Heritage Development Zone in relation to other zones High Intensity Retail This zone is located at the intersection of W. Lamar Alexander Pkwy and the 129 bypass. Aerial view showing the High Intensity Commercial District in relation to High Intensity Retail

86 High Intensity Commercial This zone is located along Foothills Mall Dr. Aerial view of High Intensity Retail Zone