Planning commission approves Westland Oaks concept and development plans despite neighborhood objections

Knoxville-Knox County Planning Commission · May 9, 2024

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Summary

The Knoxville–Knox County Planning Commission approved concept and development plans for Westland Oaks Unit 3, a proposed 68-unit attached dwelling development, after neighbors raised concerns about covenant conflicts, traffic and environmental impacts. The applicant said environmental studies have been submitted and proposed mitigation measures.

The Knoxville–Knox County Planning Commission approved concept and development plans for Westland Oaks Unit 3 on a motion by Vice Chair Chris Ooten, despite multiple public objections from nearby homeowners.

Opponents led by Ray Isaac, speaking for several residents, said the proposed 68 attached dwellings would violate existing homeowners’ covenants and the subdivision’s single-family character, argued the application lacks a current traffic study (the case file included a 2019 study), and raised concerns about wetlands and runoff. "How would you like to purchase a home in a subdivision zoned for single family and suddenly find townhomes in the middle of the street?" Isaac asked the commission.

Applicant John Richard Patterson said the concept plan had previously been approved in 2020 and expired in 2023, that the present application reduces unit footprints and adds off-street parking (about three spaces per home), and that environmental scientists have conducted wetlands and stream assessments submitted to the Tennessee Department of Environment and Conservation for review. Patterson also said the project team has agreed to consult engineering staff on a left-turn lane improvement to address access and mitigate traffic impacts.

Commissioners debated whether covenants and CC&Rs are within the body’s purview. Commission attorney Tasha Blakeney advised that disputes over private covenants are typically for a court or other forum and that the commission’s review is limited to land use and zoning. Several commissioners said floodplain, slope and environmental constraints will limit usable land and that any high-impact elements would come back for review through the special-use or development-review processes.

After discussion, the commission approved the concept plan subject to the listed conditions and subsequently approved the development plan for up to 68 attached dwellings subject to three conditions. Commissioners did not record any further public comment at the time of the votes.

The commission’s approval means the proposal can proceed to the conditioned design and permitting steps; the special-use and engineering reviews referenced by staff remain future checkpoints for traffic, floodplain and environmental mitigations.