Friday, December 17

Knox County’s BP Zoning

A Request for Variance – December 2010

Knox County has a Zoning called Business and Technology or BP.  The intended and desired effect of this Zoning is to create an attractive park-like setting for the businesses located within a BP Zone. The planning and design would create an aesthetic environment which is complementary to the site and the surrounding environment. Create a park-like design theme.  The BP Zoning is only located only in the designated Technology Corridor Overlay District along the Pellissippi Parkway.

But the problem is you cannot build a SMALL BUILDING on a SMALL LOT.   That sounds strange considering the average Knox County small business would need a small building to grow and prosper.  I am talking about a 5,000 square feet on a half acre lot.

Here is the math. Consider that a half acre is one half of 43,560 square feet or 21,780 square feet.  A 150’ wide  x 150’ deep lot would be typical in Knox County.

The typical 5,000 square foot building would be 100 feet wide, and it would have a 50 foot building depth depth.  BP requires a 50 foot front yard and a 40 foot rear yard. 

50 yard + 50 foot building depth + 40 foot yard = 140 feet

That could work!  EXCEPT where do you park? 

BP has a restriction that does NOT allow parking in the Front or Side Yards!  That is not typical.  The math changes and becomes:

50 yard + 50 foot depth + 40 foot yard + 60 foot rear parking area = 200 feet

You need a minimum 200 foot depth to make a 5000 square foot building work within the strict setbacks and parking guidelines of BP. Smaller the depth, the more difficult it is to make it work!  In general BP adds an additional 60 foot to a all building sites, which is increasing more difficult the smaller the depth of a lot.   When you get under 200 feet in depth, you have a real problem meeting all the requirements.

MPC should recommend variances or reduce the setbacks when the depth is less than 200 feet! 

The BP ZONING - page 265

THE AGENDA

My Problem - A History

Baldonado Family has owned 8.2 acres of land in Hardin Valley since 1986.

Several months ago it became apparent that it was now the time to sell some of the land, so we offered to sell a 1 acres plus site (1.09 acres).  Trotter Real Estate brought to us a dentist who wanted to serve the Hardin Valley community.  We negotiated a contract, the dentist began his plans to build two 3000 square foot buildings on the 1.09 acre site.  Then we found that our BP Zoning, as written, would keep the dentist from doing that, which would then mean E C Corporation could NOT sell that land.  So we are here today asking for the Variances.

Remember, this is a Dentist Clinic, on a one acre site, that is less than 13% building to land ratio.  The Dentist Clinic site has 40 feet of separation from the existing E C Building.  The site has a green area,larger than normal, from the shoulder of Hardin Valley Road to the front lot line.  The site has a utility easement on the west side, again separation is built in.

So the project will have separation and green space.

The Details

Our team found that applying the SET BACKS and the PARKING requirements was tricky.  Design a 6000 square feet, include a fifty foot front yard, take the parking outside of the yard, there is not enough DEPTH for the building.  You should be able to build 6000 square feet on one acre. 

The Community

When you look at the surrounding land uses, you see next door, CA zoning at the entrance to the Pellissippi Corporate Center.  There are banks, convenience stores, shopping centers, fast food restaurants.  Behind the CA Zoning is the Pellissippi Corporate Center with its large footprint buildings on large ten plus acre sites.  BP Zoning, as written, works here.  The Design Guidelines for Pellissippi Corporate Center warn designers that small parcels are a problem giving advice on the parking restrictions in the front and side yards. At the Pellissippi Corporate Center, designers get relief when the requirement is “detrimental to the function of the building.”

The Request

All we are asking is for some relief, so we can sell a ONE ACRE parcel to a Dentist, in BP Zoning.  It should be simple, but we find that we need the variances.  Those Variance will allow the land between the existing EC Building and the Hardin Valley Road right of Way to be SOLD.  The Dentist will build two 3,000 square foot buildings, on this one acre site.  The dentist will fill a need in the community.  There will be space and separation.  But we need your help.  So we are here asking for relief in the form of these Variances.

The Meeting – Resulted in a Deferral to TCCDA

The BZA decide to defer to the TCCDA.  The Legal Counsel sited law that required TCCDA to first review the request, then the BZA could accept or deny based on the TCCDA recommendations.  Buzz Johnson was to set up a meeting before Christmas.