11/20/2024
From Compass:
“Fits and Starts
Inconsistencies have emerged as developers have begun projects in line with the city’s Middle Housing plan.
BY SCOTT BARKER • NOVEMBER 20, 2024
A zoning request presented to the Knoxville-Knox County Planning Commission last week brought up an issue with the city’s Middle Housing program that could see revisions early next year.
Revisions could come following a first-year review of the program in February.
Developer Parker Bartholomew asked Planning commissioners to rezone a lot near Western Heights from RN2 Single-Family Residential to RN4 General Residential. That would allow him to build two duplexes or four “tiny houses,” instead of a fourplex he could build on the property under its current zoning.
Planning commissioners balked at upzoning the property, but deferred action for 90 days so reconsideration would coincide with a planned review of the Middle Housing plan that could affect the project.
The Middle Housing plan adopted by City Council encourages the construction of duplexes, triplexes and other small-scale multi-family developments in older city neighborhoods between the Interstate 640 bypass and the Tennessee River. The idea is to increase density and provide more housing options to accommodate growth.
Bartholomew requested the rezoning for 912 W. Emerald Ave. in the Beaumont neighborhood. The area predominantly consists of single-family houses and Dayspring Christian Academy, which also owns some of the surrounding property. The Western Heights public housing community, where Knoxville’s Community Development Corp. is investing more than $200 million in a complete overhaul, is a mere five parcels away.
Bartholomew noted he could go ahead and build a fourplex under the Middle Housing guidelines, but it would be out of scale with the surrounding single-family houses. “This is what is allowed by right under Missing Mile Housing and I would not have to be here asking for a rezoning," he said.
Planning commissioners, however, expressed reluctance to solve the problem through a rezoning. They are supposed to consider all possible uses within a zone, not any particular plans the owner or developer may have.
“I don’t think the solution is to rezone it to RN-4,” Planning Commissioner Nick Gill said. “A better solution is to address it through the Middle Housing guidelines.”
Planning Commissioner Amy Midis said, “We did Missing Middle to solve these problems in RN-2 without rezoning.”
Bartholomew said he would be willing to change his zoning request to RN-3, which would still allow him to build the duplexes with Planning Commission approval.
Planning Commissioner Katie Overton moved to postpone Barholomew’s request for 90 days, until the Feb. 13 meeting. That would place it in the timeframe of the review. Planning commissioners voted unanimously in favor of postponement.
“Mr. Bartholomew has brought a topic before us that’s certainly worthy of discussion and consideration, and rarely have I seen a new program or ordinance roll out in perfect form,” Planning Commission Chair Tim Hill said.
The Planning Commission is set to review the Middle Housing guidelines in February or March, one year after they were adopted. Planning Commissioner Karyn Adams said similar issues are bubbling up and should be addressed during that review.
There hasn’t been a stampede of developers to build Middle Housing. According to Lindsay Crockett, principal planner and design review program manager for Knoxville-Knox County Planning, 37 Middle Housing applications have been submitted since February. Of those, 24 were approved, one was denied, one was withdrawn, and 11 are under Planning staff review or applicant revisions.
Locations are scattered through various neighborhoods, including West View, Mechanicsville, Old North Knoxville, Oakwood-Lincoln Park, Belle Morris, Burlington, and Morningside Heights.
Developers have to go through an application process that includes a pre-application meeting, site plans review, and input from city staff. Only after receiving a Middle Housing approval certificate can they obtain building permits.
While Middle Housing standards allow for more units than permitted in the base zoning, they are designed to ensure the new houses respect the context, scale and placement of the surrounding neighborhood. And though multi-unit structures by nature increase density, the goal, as stated in a Planning staff report to Council in September, “is not to maximize what can fit on one lot.”
The report identified three “unanticipated conflicts’ that City Council might address through ordinance amendments after the one-year review is completed.
One, which would apply to Bartholomew’s rezoning request, is a loophole that allows multiple Middle Hosing structures on one lot for properties zoned RN-3 or RN-4. Crockett noted that the Middle Housing standards weren’t written with the intent of accommodating multiple primary structures on one lot.
“Currently, folks may apply to construct multiple primary structures on a lot zoned RN-3 or above in the (Traditional Neighborhood Residential) land use area, without additional standards to guide size, scale or building orientation,” she said.
Closing the loophole would seemingly block Bartholomew’s multiple-duplex proposal and other similar projects, even with the rezoning.
A second inconsistency involves non-conforming lots of record. Depending on the zoning, multi-unit structures could be built on lots without meeting lot width or area requirements. Crockett said that means developers in RN-3 and RN-4 zones can build as many structures as can fit, even on narrow lots, which could conflict with the standards’ goal of promoting neighborhood-scale houses.
A third issue is mixing single-family houses with Middle Housing types. Single-family homes and Middle Housing structures have different standards, and mixing them can create conflicts in zoning review, permitting, and enforcement.
“Additional clarification may be necessary to create a relationship between the two,” Crockett said.
Councilwoman Lauren Rider, whose 4th District in North Knoxville contained three of the early Middle Housing projects, said she hasn’t heard many complaints about the rollout of the Middle Housing plan but anticipated making revisions to it as more projects are built.
“I expected when we passed it there would be some tweaks,” she said. “That’s pretty standard.”
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