Disposition Summary

Deny the I-MU (Industrial Mixed-Use) district because the site does not meet the intent of I-MU zoning, and there have been no changes of conditions to support a rezoning.

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Staff Recommendation

Deny the I-MU (Industrial Mixed-Use) district because the site does not meet the intent of I-MU zoning, and there have been no changes of conditions to support a rezoning.

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PURSUANT TO THE CITY OF KNOXVILLE ZONING ORDINANCE, SECTION 16.1.E, ALL OF THE FOLLOWING CONDITIONS MUST BE MET FOR ALL REZONINGS:

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. There are no changing conditions in this area that support a spot rezoning from the C-H-1 (Highway Commercial) district to the I-MU (Industrial Mixed Use) district in this large parking lot. The rezoning request is for approximately 996.5 square feet of area in the middle of a long-established auto dealership and service center.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The purpose of the I-MU zone is to provide for a mix of light industrial uses and a variety of compatible commercial uses such as entertainment, amusement and retail establishments. Residential development is also permitted. This mix is designed to promote the reuse of older, character-giving structures that may no longer be suitable for their original industrial purposes, but that can accommodate a variety of alternative types of uses.
2. The diminutive subject parcel does not meet the intent of the I-MU zone. It is not an older industrial site that has potential to be redeveloped for light industrial, entertainment, retail or residential purposes.

THE PROPOSED AMENDMENT SHALL NOT ADVERSELY AFFECT ANY OTHER PART OF THE CITY, NOR SHALL ANY DIRECT OR INDIRECT ADVERSE EFFECTS RESULT FROM SUCH AMENDMENT.
1. While specific development intent is generally not considered at the rezoning stage so that all possible uses and their impact can be contemplated, it is worth noting that the motivation for this unusual request is to install an aboveground fuel tank that would be used to gas vehicles on site. According to Chapter 11- Fire Prevention and Protection of the City Code, aboveground fuel tanks are only permitted in the I-MU, I-G (General Industrial) or I-H (Heavy Industrial) zones. A fuel tank would be permitted without rezoning if the tank was installed underground.
2. The subject site is surrounded by a highly congested and active parking lot that has a wide array of vehicles, including semi-trucks and contractor vehicles. The potential risks associated with an above-ground fuel tank at this location points to the safety merits of the Fire code requirement that they be located in more industrial areas, which this site is not.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH AND NOT IN CONFLICT WITH THE KNOXVILLE-KNOX COUNTY GENERAL PLAN AND ITS COMPONENT PARTS, INCLUDING ADOPTED SECTOR PLANS, CORRIDOR PLANS, AND RELATED DOCUMENTS.
1. The I-MU zone is inconsistent with the Northwest City Sector Plan and One Year Plan GC (General Commercial) land use classification, and plan amendments are not recommended by staff.
2. The proposed rezoning is not supported by any of the General Plan's Development Policies.

ADEQUATE PUBLIC FACILITIES ARE AVAILABLE INCLUDING, BUT NOT LIMITED TO, SCHOOLS, PARKS, POLICE AND FIRE PROTECTION, ROADS, SANITARY SEWERS, AND WATER LINES, OR ARE REASONABLY CAPABLE OF BEING PROVIDED PRIOR TO THE DEVELOPMENT OF THE SUBJECT PROPERTY IF THE AMENDMENT WERE ADOPTED:
1. This property is an urbanized area with adequate utility, transportation and community facilities. However, this rezoning could result in a conflict with the intent of the Fire Prevention and Protection Code by permitting an above-ground fuel tank in an area where it would not otherwise be permitted.