The Planning Commission on March 18 approved the residential development plan (PC0925) for the Highway 96 townhomes, a proposed 104-unit townhouse development on 13.49 acres, following debate over slope protections and how multiple city ordinances interact.

Why it matters: The plan proposes attached dwellings on land zoned RM-8 and includes private roads, stormwater basins, and open space. Commissioner comments focused on resource-protection standards and whether areas with slopes of 20% or greater must remain undisturbed for multifamily projects under the zoning ordinance.

Staff and the applicant: Planning staff said the property’s RM-8 zoning predated the city’s 2040 plan and that attached dwellings are a permitted use. The development team said the disturbed areas are mostly small, isolated pockets and that the project’s area of disturbance would avoid FEMA flood hazard zones. Planning staff explained that three separate regulations touch on slope protections—zoning, subdivision regulations and the stormwater ordinance—and that staff has interpreted the most recent and technically relevant stormwater provisions to allow limited disturbance of isolated pockets (generally under 5,000 square feet) where necessary for infrastructure.

Commissioner concerns: Commissioner Pape pressed staff about the zoning ordinance’s language that “areas 20% slope or greater have to remain undisturbed” and argued that the commission should enforce the zoning provision. Staff replied that the stormwater ordinance and engineering interpretations include allowances for small, isolated disturbances and that most of the steep areas fall within TDOT right of way or are pockets of previously disturbed fill.

Vote and motion: After discussion, the commission approved the residential development plan. The recorded roll-call vote on PC0925 was 7–1, with Commissioner Pape voting no. Staff noted the development conforms substantially to the master development plan approved previously, and that required infrastructure — stormwater, water, wastewater — will be installed per permitting requirements.

Next steps: The applicant will submit final construction documents for plan review and permitting. Staff will confirm compliance with stormwater and slope protections during technical review and will require any structural retaining-wall designs to be submitted by a structural engineer when building permits are pulled.

Sources: Staff presentation; applicant representative Allison Carollo of T Square Engineering; roll-call votes from the March 18 meeting transcript.