Letter From Byran Spears

/ /

From Bryan Spears –
regarding litigation, potential future development
April 14, 2021
Tooles area neighbors,
A couple of bits of news for you. After our recent victory in Appeals court, the developer’s legal team put forth a motion for the court to review their decision. This is sort of like asking the judges if they are really sure about their ruling and asking for another look-see. The motion we’re told has been denied by the court. This is sort of the court’s way of saying “yes we’re sure, now move on.” So, another victory for NCA in that the challenge was denied.
That being said, we’ve recently found out that there’s yet another developer who has expressed interest in the Bailey Farm. Unfortunately, we don’t have any real details other than the developer is aware of the issues we’ve raised and likewise aware of the court cases. However, beyond that we don’t know much. This could be a good thing in that it could possibly be a developer who realizes the massive Post Oak concept is flawed and not feasible and hopefully has a plan for something much better. Or as the old saying goes, it could always be worse. No way to know until that developer puts something on paper or releases some details about their plan. We also don’t know if this would-be developer is working directly with the Bailey family or just looking to buy the land in order to work independently of the family.
We all believe something will eventually be developed on the farm given its size and relation to the river so we need to remain diligent to our cause of holding people accountable and providing a system of checks and balances for both developers and Knox County planning. That being said, our ability to do so still remains tied to our ability to fundraise and pay our legal bills. Several people did give in conjunction to the recent Appeals court victory and we thank them very much. But much more is still needed to shore up our outstanding balance. We will keep you posted regarding any new information about the potential new developer as details emerge. In the meantime, if you can help with any amount of donation it would be greatly appreciated.
You can send checks directly to Kramer Rayson at PO Box 629 Knoxville 37901 if you’d like. Address to the attention of Tom Hale and put NCA in the memo line so it gets credited to our account.
You can also mail us a check at PO Box 34071 Knoxville 37930. PLEASE MAKE THOSE CHECKS OUT TO ORNL FCU, NOT NCA or we won’t be able to deposit them.
You can also donate on our website at northshorecorridorassociation.org by using the yellow donate button in the top right corner.
Thanks again for your continued support,
Bryan on behalf of NCA Steering Group

More Good News

/ /

More Good news.
After notifying us of the Appeals Courts favorable opinion in our case against the developers of Post Oak Bend and Knox County Tom Hale (Kramer Rayson, LLP) let us know us that the developers then requested the court re-hear (reconsider it’s opinion). This morning Mr. Hale informed us the court has declined that request.
Those of you on the supporter mailing list can look for an update from Bryan Spears. I will share Bryan’s letter here as well.

Contested Development

/ /

The following is an article published by Jesse Fox Mayshark for Compass.

A controversial Tooles Bend plan is rebuffed by a second court ruling, on the basis of a sewage plant that developers say they don’t intend to build.

It has been more than two and a half years since what was then called the Metropolitan Planning Commission gave its unanimous approval to a controversial residential development on Tooles Bend Road in West Knox County.

But the site remains undeveloped because of legal challenges from surrounding neighbors. Last week, despite support from Knox County government, a Tennessee Court of Appeals panel handed the would-be developers another setback.

Writing for the three-judge panel, Judge Thomas Frierson II upheld a 2019 ruling by a Knox County trial court, which found that a sewage treatment plant included in the plans violates the county zoning ordinance.

“Upon careful review, we agree with the trial court,” Frierson wrote in the 28-page ruling. It also grants court costs for the appeal to the Northshore Corridor Association, the local residents group that brought the lawsuit against the county’s Board of Zoning Appeals.

Because Knox County government and the county’s Board of Zoning Appeals joined the appeal alongside the developers, taxpayers could end up footing some of those costs.

“Our attorneys are very pleased with the thorough, very detailed opinion which does much to clarify the points of law we raised throughout,” the Northshore Corridor Association posted on its Facebook page. “While it is still possible for the defendants to request the opportunity to appeal to the State of TN Supreme Court, we feel this strong appellate ruling greatly diminishes their likelihood of success.”

The ruling means that for now, the proposal by Post Oak LLC to build more than 600 units of housing on 260 acres of land along the Tennessee River south of Northshore Drive remains stalled.

The developers appear to have a few options. They could appeal further, to the State Supreme Court, risking the accumulation of more legal fees along the way. They could also seek to refile their proposal and remove the sewage plant, which they have said they don’t need anyway.

Benjamin Mullins, the local land-use attorney who represents the developers, did not respond to a request for comment on Monday.

“We assume there will be future efforts to develop the property,” Diane Montgomery of the Northshore Corridor Association said in an email Monday. “NCA has never been opposed to a development proposal that was sensitive to the neighboring homes and that did not require numerous variances to Knox County zoning ordinances and sector plans.”

The property lies along the eastern side of Tooles Bend, between Pellissippi Parkway and the river. Its long and so far fruitless path to development goes back to 1993, when its then-owners successfully rezoned the land from agricultural to “planned residential.” That would have originally permitted construction of one to three dwelling units per acre, allowing an estimated 270 homes.

In 2018, the current owners sought approval for a much denser development — 198 detached homes, 184 attached ones, and 240 condominium units, for a total of 622 dwellings. The scale alarmed local residents, who worried that traffic from the project would overwhelm two-lane Tooles Bend Road, the primary access to the peninsula from Northshore Drive.

But MPC approved the plan, and when the Northshore Corridor Association appealed to the BZA, that board also supported the development. The association filed suit, raising a range of claims, most of which were not upheld by Circuit Court Judge Kristi Davis. (Davis now sits on the state Court of Appeals herself, though she did not hear this appeal.)

But Davis did side with the local residents on one key claim: that a wastewater treatment plant included in the plans to serve the development’s residents was not allowed in planned residential (PR) areas. Davis noted that other zoning categories in the county’s ordinance did specifically allow for utility infrastructure, but the PR zone did not include it as an approved use.

After Davis’ ruling, Post Oak tried to get her to amend her decision by filing a letter from an engineer with First Utility District of Knox County stating that the company would provide sewer lines to the development, eliminating the need for the sewage treatment plant.

But Davis refused to consider the amendment on the grounds that it would amount to a significant change to the plans that had already been approved through a public process, without allowing for further public comment and input.

The appeals court agreed with Davis on that point, with Frierson writing, “Respondents’ effort to revise the Development Plan after the BZA review provided no due process for the revised method in which the development’s wastewater would be handled to be presented in a public forum.”

The appeals court also refused to consider an argument from the defendants that the county doesn’t have the authority to regulate utilities in the first place, since they have their own defined statutory powers.

Frierson noted that because of the county’s participation in the case, “we are presented with the unusual situation of Knox County’s having apparently joined in Post Oak’s argument against the county’s regulation authority.” But he said the question of the county’s ability to control utility construction wasn’t raised by the county or the developer at either the BZA or in the original trial, and therefore could not be raised on appeal.

Neither Davis nor the appeals court found merit in the local residents’ other stated concerns, which included the sufficiency of the development’s traffic safety plan and the increased density from that originally discussed in 1993.

But Montgomery said the area needs infrastructure improvements before residents will feel comfortable with more development.

“As is our view for all of West Knox County, we believe that improvements in infrastructure to ensure public safety and the long range quality of life for the area should precede development,” she said. “The property’s historic significance as a very early Indian burial ground, as a land grant to Revolutionary War soldier John Toole and as the original site of Lakeshore Insane Asylum make it likely that any development proposal there will draw significant public scrutiny. NCA would almost certainly be a part of those community discussions.”

Bluegrass Lake Area Flooding Remains Unresolved

/ /

Bluegrass Lake Flooding
The Bluegrass Lake area flooding remains unresolved. After the previous serious flooding events with intrusion into homes and businesses and lack of access to homes, a neighborhood group assembled and asked to meet with the County engineers. To date there has been no community meeting.
Property owners closest to the problem have stayed in continuous communication with Jim Snowden, County Engineer. Mr. Snowden has been responsive to the group and has reported that conversations have gone on between Knox County and the City of Knoxville and they are working through plans.
This past weekend the home and business owners became deeply alarmed and insisted on help to prevent another damaging event. Mr. Snowden responded and at least one temporary pump is now in place working to keep the lake from backing into the homes and businesses.

We Have Been Asked To Share

/ /

We have been asked to share:
Important Meeting tomorrow evening March 31, 6:00 p.m.
Bexhill neighborhood, Ebenezer Rd. – open field across from Bluegrass Animal Clinic.
– At the request of attorneys for the property owner and proposed developer – regarding development of the open parcel across from Bluegrass Animal Clinic – 1401 Bexhill Drive.
Knox County Planning has recommended against the proposed development. Planning alternatives must be considered.
We urge you to participate in determining the future use of the rapidly disappearing open spaces in our community.

Really Good News!

/ /

Really good news!
The three judge appellate panel has affirmed Judge Davis’ ruling in our Northshore Corridor Association case against the developers of Post Oak Bend! The judges agreed with our belief that placing a sewer treatment plant in a residential zone violated the Knox County zoning ordinance.
Our attorneys are very pleased with the thorough, very detailed opinion which does much to clarify the points of law we raised throughout. While it is still possible for the defendants to request the opportunity to appeal to the State of TN Supreme Court, we feel this strong appellate ruling greatly diminishes their likelihood of success.
We owe great thanks to our legal team – Tom Hale and Brandon Morrow of Kramer Rayson, LLP for the many, many hours they devoted to researching, preparing and presenting our case. We hope you will join us in extending our thanks to them not only for their professional acumen and hard work but also for the confidence they placed in our loose affiliation of homeowners and volunteers.

Building On Beverly’s Hills

/ /

Thank you Jesse Mayshark and Compass for excellent coverage of Knox County Planning.
We are sharing this Compass story as it is such a good teaching example of the planning process in Knox County. We were present last year when this project was on the agenda. On that occasion a large number of North Knoxville residents had assembled to once again oppose a project, previously considered and declined, they felt was not in the interest of the community. As I recall, the developer withdrew the proposal late that evening – after the residents had waited a very long time to be heard.
We regret the story images will not display here.
Building on Beverly’s Hills
Third time’s the charm at County Commission for a developer planning a subdivision on a steep and difficult site in North Knoxville.
BY JESSE FOX MAYSHARK • FEBRUARY 23, 2021
A ZONING MAP SHOWS THE PROPERTY (IN RED MARKER) WHERE DEVELOPER RANDY GUIGNARD PLANS TO BUILD HOUSING. (The map can be seen on the Knox County Planning website.)
Developer Randy Guignard had good reason to be ready for the objections raised by local residents Monday to his proposed new subdivision on the side of a ridge in North Knoxville: They had beaten him twice before.
So when attorney Charles Taylor, representing the surrounding neighborhoods, quoted former Knoxville-Knox County Planning Director Gerald Green calling it “the worst piece of property ever to come before” the Planning Commission, Guignard was prepared with a witness for the rebuttal: former Knoxville-Knox County Planning Director Gerald Green.
Calling in to Knox County Commission’s virtual meeting last night from Asheville, N.C., to which he returned after his retirement last year, Green told commissioners that Guignard’s project had been improved in many ways from when he first made that assessment.
“Yes, I did say that, but with more information we change our mind,” Green said. “This is a challenging site, but I believe that by accepting the challenges that this site presents, Mr. Guignard has developed a very feasible development plan.”
The endorsement, along with assurances offered by the developer, was enough for Guignard to finally win support for his project on Beverly Road after failing in 2018 and 2020. But just barely: Six of the 11 commissioners voted to support rezoning the property from industrial to planned residential use. Three voted against, including Commissioner Courtney Durrett — in whose 2nd District the property resides — and two abstained.
The rezoning will allow a density of up to 2.51 housing units per acre, which comes to 196 units across the 78-acre site. Neighbors had requested — and Durrett proposed — limiting development to 61 units, which is what the Planning Commission staff had originally recommended when Guignard proposed the subdivision.
But Guignard told commissioners there was no way he could turn a profit on fewer than 172 units. He warned that if his rezoning were rejected, he could be compelled to put the property to its zoned industrial use.
“The land can be used for parking lots and storage areas for materials that could include but are not limited to tires, asphalt shingles, building materials, scrap cars, parts, and more,” Guignard said.
The two tracts Guignard owns sit on the north side of a ridge that runs along Washington Pike and Beverly Road, behind the shopping center that includes Target and Old Navy. Their lower portion includes a stretch of Whites Creek and its floodplain. The site immediately north of Interstate 640 is in an odd pocket just outside Knoxville city limits but effectively surrounded by city territory.
Guignard bought the properties in 2018 for a combined $560,000 and has been trying to develop them ever since. Neighbors have argued that development on the site will exacerbate flooding problems along Whites Creek and further downstream.
“The flooding doesn’t just affect Whites Creek, because Whites Creek runs into First Creek and then it goes down Broadway,” Taylor, the attorney representing the surrounding neighbors, said. “Neighborhoods miles away are going to suffer from this development.”
But Guignard said he will not build in the floodplain, and he plans to donate 16 acres along the creek to Legacy Parks Foundation. He said the organization is interested in developing a natural stormwater conservation area similar to the county’s Roy Arthur Stormwater Park in West Knox County.
“This land donation also includes a walking trail easement located on the ridge top that leads to shopping and to Knox County parks,” Guignard said. The property is close to the county’s New Harvest Park on Washington Pike.
Also speaking on Guignard’s behalf, former Knox County stormwater director Chris Granju said the developer’s plans for flood mitigation are forward-looking, with an emphasis on infiltration and capturing stormwater on site via pervious pavers and other methods.
“What’s being proposed is something different than the usual development that folks are used to seeing in Knox County,” Granju said.
Legally, development cannot increase the amount of runoff from a piece of property. Granju said Guignard’s project will meet that standard. The plans were sufficient to win a 13-0 vote of approval from the Planning Commission last month.
Commissioner Terry Hill said she had visited the site and been impressed with Guignard’s plans.
“It did not take five minutes once I was back on the property to recognize number one, what a beautiful piece of property it is,” she said. “But also how much it truly does level and flatten.”
But Durrett, who noted that she grew up watching frequent flooding in the Fairmont-Emoriland neighborhood along First Creek, said Guignard’s assurances did not satisfy her constituents. Groups that came out against the project included Fountain City Town Hall and the neighborhood associations of Tazewell Pike-Beverly Station, Fairmont-Emoriland, Alice Bell/Spring Hill and Oakwood-Lincoln Park.
“The community has really expressed their concerns about the flooding that this can potentially cause and exacerbate the current flooding that is there right now,” Durrett said.
She made a motion to allow only 61 units on the site, but that was trumped by a substitute motion by Commissioner Carson Dailey to approve the 196 units recommended by the Planning Commission.
Voting to approve the rezoning were Dailey, Hill, and commissioners Dasha Lundy, Randy Smith, Charles Busler and Chair Larsen Jay. Joining Durrett in opposition were Vice Chair John Schoonmaker and Commissioner Justin Biggs. Commissioners Kyle Ward and Richie Beeler abstained.

Summary of Saturday Meeting on Ebenezer Parcel

/ /

Summary of Saturday meeting on Ebenezer parcel.
The meeting was well attended.
*Holrob, the proposed developer provided a tent, hot beverages, a communications sign up sheet, displays and a presentation on their plans.
*Mark Shipe, President of Holrob Realty outlined their plan for small shops and restaurants and welcomed questions and comments.
*Also in attendance was David Reynolds , President of Home Federal Bank, owner of the parcel.
*The parcel (except for a “sliver”)is zoned for neighborhood commercial development
*Home Federal has owned the parcel for many years and has maintained it and allowed community use. They have had the property for sale for many years.
*Mr. Reynolds told the group Home Federal intends to sell the property now and of the offers received the Holrob plan was by far the most compatible with the community and that was why they were chosen – based on their reputation and their other developments in the local community.
*Weigels Corporation previously owned the property and planned a convenience store gas station.
*A long time resident of Bexhill told the group the parcel was owned by the Bexhill developer prior to Weigels and that he intended to develop it for commercial use, something he explained to the early residents.
*A resident asked whether it would be possible for residents to purchase the property for use as a park. Mr. Reynolds said HF has granted an option to Holrob and they would need to honor that. Mr. Shipe said Holrob has a significant investment they would seek to recoup.
*Several residents addressed aspects of the plan and asked if changes would be considered. Mr. Shipe said he welcomes good ideas and looks forward to working with the neighborhood on a plan the complies with the zoning and is workable for Holrob.

Ebenezer Drive Update

/ /

The notice below appears to be for the Ebenezer Drive parcel now showing signage indicating a planned commercial use (shops). So it appears the developer(s) are requesting a change of zoning from residential use.
Meeting at 2:00 today at the property. Typically the Planning Commission urges developers to meet with area residents in advance of such requests. Their attorneys often use that as an argument at zoning meetings – residents were aware. So we urge you to be aware – present with good questions and prepared to take good notes.

https://knoxmpc.org/cases/3-D-21-RZ?fbclid=IwAR0l6s_Ja9Cr4Gjlew1UGboyKXHYUJIOOZ1hVNy-wQDuCTFh_dTYY5qLIlY

1 2 3 4 5 >»