Staff recommends denying Blaylock Construction’s level‑2 Hillside Protection COA after unpermitted clearing

Jesse presented a level‑2 Hillside Protection Certificate of Appropriateness request from Blaylock Construction for a 37.5‑acre parcel at 3275 West Governor John Sevier Highway. Staff reported the parcel already shows about 15.5 acres of clearing on 2024 aerial imagery, exceeding a 2019 permit to clear and grade 9.28 acres; reforestation required under that permit has not been completed and a notice of violation was issued.

The applicant seeks to disturb an additional 6.68 acres for fill and staging related to the Alcoa Highway expansion project, bringing the requested total disturbance to roughly 22.08 acres; approximately 5.21 of those acres lie within the Hillside Protection overlay. Jesse noted the draft reforestation plan submitted by the applicant proposes less replanting and fewer species than the 2019 plan and that clearing already undertaken appears to violate the tree protection ordinance’s 25% clearing threshold — staff said the 22+ acres requested would amount to nearly 60% of the parcel.

Staff recommended denying the COA. "Staff recommend denying the COA because there are no special circumstances or conditions that make compliance a challenge, and it's inconsistent with the intent of our adopted plans as well as other city ordinances," Jesse said, citing conflicts with hillside and tree protection goals, the urban forest master plan and the parcel’s location within a scenic corridor and near stream and floodplain resources. Jesse added that while staff understand the pressures associated with a large highway expansion, there are other disposal and fill options that could comply with city code and limit conflicts with adopted land‑use policies.

Why it matters: the request involves substantial tree removal and earthwork visible on recent aerial imagery, potential impacts to the urban forest, and a pending NOV; commission action could affect enforcement and reforestation obligations tied to prior permits and the Alcoa Highway project.

What happens next: the planning commission will consider the COA request; staff’s recommendation is denial absent demonstrated special circumstances or remedial measures that meet code objectives.