Disposition Summary

Approve the OB (Office, Medical, and Related Services) zone because it is consistent with the sector plan and consistent with the surrounding development.

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Staff Recommendation

Approve the OB (Office, Medical, and Related Services) zone because it is consistent with the sector plan and consistent with the surrounding development.

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The request is to rezone a 1-acre lot which is PC (Planned Commercial) to OB (Office, Medical, and Related Services). The lot has frontage on Neal Dr just west of Maynardville Pike.

PURSUANT TO THE CITY OF KNOXVILLE ZONING ORDINANCE, ARTICLE 6.1.3: 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 COUNTY GENERALLY:
1. Since 1982, Cunningham Road to the north and Neal Drive to the west have been transitioning from agricultural and commercial uses to residential uses. These subdivisions are a mix of single family residential and multifamily residential uses. Office uses typically are more appropriate near residential uses and act as a buffer between residential and commercial.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The OB (Office, Medical, and Related Services) zone is intended to provide areas for professional and business offices and related activities that require separate buildings and building groups surrounded by landscaped yards and open areas. The intent herein is to provide centralized, compact locations for business offices, clinics, medical, and dental offices near residential neighborhoods. The proposed zone is consistent with development along Neal Drive.
2. 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.

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. Despite the PC zoning on Neal Dr, the majority of the street has few intensive uses and is comprised of office uses more than commercial uses.
2. Access is via Neal Dr, which is located off Maynardville Pike, a major arterial road with a capacity for high volumes of traffic.
3. This parcel is in the School Parental Responsibility Zones of Halls Middle and Halls High Schools. Sidewalks may be required along the front of the property.
4. There is a cemetery located on the frontage of Neal Drive on this property. If a cemetery is determined to be present on the property, there are obligations a landowner/developer MUST meet. For example, construction crews are required to leave a ten-foot buffer around the perimeter of a grave(s) and in the case of a crypt, a five-foot buffer (T.C.A. 46-8-103). Also, landowners must remember that family members have a right to visit the graves of ancestors, even if they are located on private property-this precedent is set under Tennessee Case Law. Furthermore, owners or future buyers of a land tract have an obligation to protect graves from disturbance when a cemetery is shown on a deed.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH AND NOT IN CONFLICT WITH THE GENERAL PLAN OF KNOXVILLE AND KNOX COUNTY, INCLUDING ANY OF ITS ELEMENTS, MAJOR ROAD PLAN, LAND USE PLAN, COMMUNITY FACILITIES PLAN, AND OTHERS:
1. The proposed OB zone is consistent with the North County Sector Plan's Office land use designation.
2. Per General Plan (9.2) - Encourage development practices that respect and fit the natural landscape, minimizing the loss of trees, woodlands and wildlife habitat. The majority of the property is cleared with a treelined buffer to the rear of the property adjacent to commercial uses.
3. This recommended OB zone does not present any apparent conflicts with any other adopted plans.