Disposition Summary

Approve the RN-2 (Single-Family Residential Neighborhood) district because it is consistent with the sector plan and the surrounding development.

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Staff Recommendation

Approve the RN-2 (Single-Family Residential Neighborhood) district because it is consistent with the sector plan and the surrounding development.

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The HP (Hillside Protection Overlay) will be retained.

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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. The subject parcel was developed as a dwelling in 1930, which predates the construction of Asheville Highway in the 1950s and the first commercial zoning designation of this property in the 1960s-1970s. While there have not been any significant recent changes in the immediate area, the current C-H-2 district is inconsistent with the longstanding residential use of this property. The proposed RN-2 district is an extension of the district from the north side and is consistent with the residential character of Hidell Road.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The present C-H-2 district is intended to accommodate higher-intensity commercial uses of a predominantly auto-oriented character, including retail, rental, and service establishments of a more intense commercial character, including those requiring permanent outdoor service or storage areas. Single-family dwellings are not permitted in this district, creating nonconformity for the existing structure. Further, the subject parcel does not meet the dimensional standards of the C-H-2 district (minimum lot width of 60 ft and minimum lot area of 10,000 sq ft).
2. The requested RN-2 district is intended to accommodate low density single-family residential development on relatively small lots with smaller setbacks. The area meets the intent of the RN-2 district, and the proposed rezoning will eliminate the zoning nonconformity of the property.
4. 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. There are no adverse impacts anticipated from the requested RN-2 district, as the uses allowed are less intensive than the existing zone, and it allows development consistent with the surrounding residential properties.

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 downzoning in this residential area is consistent with the General Plan's Development Policy 8.4, which encourages protecting residential areas from encroaching commercial development and other incompatible uses.
2. The East City Sector Plan and One Year Plan's MU-SD EC-2 (Mixed Use Special District, Magnolia Avenue) land use classification includes consideration of the MDR (Medium Density Residential) classification, which supports residential zoning up to RN-5. The proposed rezoning has no conflicts with these plans.

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. The parcel will not accommodate additional dwelling units due to its small lot size. This is an urbanized area with adequate utility infrastructure provided by KUB. The property is served by nearby transit and sidewalks along Asheville Highway.