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Staff Recommendation

Deny the RA (Low Density Residential) zone due to environmental constraints with the site.

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PURSUANT TO THE KNOX COUNTY ZONING ORDINANCE, ARTICLE 6.30.01, THE FOLLOWING CONDITIONS MUST BE MET FOR ALL REZONINGS (must meet all of these):

THE PROPOSED AMENDMENT SHALL BE NECESSARY BECAUSE OF SUBSTANTIALLY CHANGED OR CHANGING CONDITIONS IN THE AREA AND DISTRICTS AFFECTED, OR IN THE CITY/COUNTY GENERALLY:
1. Development along Fox Road is characterized by established rural residences and an increasing number of subdivision developments. Recent residential developments include the Fox Garden Subdivision 0.19 miles to the north and the Fox Road Subdivision 0.6 miles to the north.
2. In the 5 past years, there have been 16 reported vehicular crashes at the intersection of Fox Road and Emory Church, 4 of which resulted in injuries 50 feet from the subject property, as shown on the Transportation Planning Organization Crash Map (see Exhibit B).
3. Over half of the subject property is within a floodplain or a TVA flowage easement (see Exhibit C). Significant limitations to developable land do not support more residential intensity on this property.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The requested RA (Low Density Residential) zone is intended for residential areas with low population densities. The RA zone would allow for this property to be subdivided into 2 parcels by right with connection to the nearby sewer line. Subdividing the property to create additional lots would be inconsistent with the environmental constraints of this property.
2. Although the A (Agricultural) zone allows 1 dwelling unit per acre, it is noteworthy that a single-family home would be permitted by right on this property due to the Knox County Board of Zoning Appeals' ruling to 0.59 acres per dwelling (March 28, 2007 waiver of lot intensity requirement).
3. Rezonings should be based on the entire range of uses allowed within a zone to ensure that any development brought forth at a future time would be compatible with the surrounding land uses.

PROPOSED AMENDMENT SHALL NOT ADVERSELY AFFECT ANY OTHER PART OF THE COUNTY, NOR SHALL ANY DIRECT OR INDIRECT ADVERSE EFFECTS RESULT FROM SUCH AMENDMENT:
1. Environmental conditions significantly constrain this site. A tributary of Sinking Creek West extends under Emory Church Road/Fox Road to form a smaller tributary on the west side of the subject property. At the tributary's 813-ft normal pool elevation (the typical or target water level maintained under normal conditions), more than half of the property (0.653 of the total 1 acres) is under water. An even greater portion of the property is in a FEMA 100-year floodplain.
2. The site is additionally limited by a TVA flowage easement, which treats any structure or activity as an obstruction affecting navigation, flood control, or public lands. (TVA Code of Federal Regulations, Title 18, Section 1304.300). Accordingly, no permanent structures may be constructed below the flowage easement contour (i.e., 820-ft elevation) without TVA approval.
3. Buildability is further constrained by an overhead utility power line along the property's eastern property line.
4. With the combination of limited buildable land and a heightened risk of flooding events for residents, an increase in residential intensity is not warranted on this site.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH AND NOT IN CONFLICT WITH THE COMPREHENSIVE PLAN OF KNOX COUNTY, INCLUDING ANY OF ITS ELEMENTS, MAJOR ROAD PLAN, LAND USE PLAN, COMMUNITY FACILITIES PLAN, AND OTHERS:
1. The County's Comprehensive Plan assigns the SR (Suburban Residential) place type to this property, which permits consideration of the RA zone. However, adding residences to an area prone to flooding contradicts the intent of the Comprehensive Plan's Implementation Policy 9.3, to focus growth in areas already served by adequate infrastructure.
2. The property is in the Planned Growth Area of the Growth Policy Plan, which calls for coordinated action of development with adequate roads, utilities, schools, drainage and other public facilities and services. Adding residences to an area prone to flooding does not support the intent of the Growth Policy Plan.