Disposition Summary

Deny the PR (Planned Residential) district up to 18 du/ac because it is inconsistent with the land use classification in the Southwest County Sector Plan.

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Staff Recommendation

Deny the PR (Planned Residential) district up to 18 du/ac because it is inconsistent with the land use classification in the Southwest County Sector Plan.

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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 COUNTY GENERALLY:
1. The residential portion of the Gettysvue development is zoned PR (Planned Residential) up to 3 du/ac. The adjacent golf course and clubhouse property are located in the City of Knoxville and zoned OS (Parks and Open Space) and HP (Hillside Protection).
2. The Gettysvue development, including the golf course, was originally approved under the PR (Planned Residential) zone in the County (11-SG-94-C / 11-G-94-UR). The subject site was noted as "villa tract" for future development.
3. The golf course and clubhouse were rezoned to OS (Open Space) in 1995 (11-T-95-RZ), which reduced the overall allowed density but did not make the approved subdivision non-conforming to the maximum density.
4. The City of Knoxville annexed the golf course, clubhouse, and future commercial property in 1996 (6-E-96-RZ).
5. A use on review (development plan) was approved for the subject site for 60 attached dwellings in two, 3-story buildings, excluding the area with the tennis courts that this application includes (1-A-99-UR). The staff report states the proposed density being 16.85 du/ac (60 units on 3.56 acres), and the density for the entire development being 1.98 du/ac.
6. A new use on review (development plan) was approved for the subject site for 19 condominium units (attached dwellings) in 2003 (10-D-03-UR). This approval replaced the previous 60-unit approval.
7. This rezoning request is necessary because the applicant proposes increasing the area for the attached dwellings, outside of the boundary of the 1999 and 2003 use on review (development plan) approvals. If the rezoning is approved as requested, up to 90 dwelling units can be requested. Any proposed development on this property would require a Development Plan application and approval by the Planning Commission. A Transportation Impact Analysis would be required if the proposal is projected to generate 750 vehicle trips per day or more (approximately 77 dwelling units).
8. The residential portion of the Gettysvue development has followed the original development approval with only minor modifications that did not require amendments to the sector plan.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The PR zone is intended to provide for creative responses to environmental constraints on a property. It permits clustering of residential density in order to preserve environmentally sensitive areas and maximize development potential on optimal portions of a property. The PR zone is appropriate for this property due to the slopes that are present on the site. However, the proposed density is out of character with the rest of the development.
2. The property is within the HP (Hillside Protection) area with the steepest slopes concentrated on the north side of the property, adjacent to single family homes.

THE 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. The PR zone emphasizes compatibility with surrounding and adjacent zones, as determined through Planning Commission review of development plans. Knox County staff and the Planning Commission will evaluate plans to address issues such as roadway access, provision of sidewalks, topography and stormwater management in a forum that enables public input.

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. If the sector plan amendment is denied as recommended, the PR up to 18 du/ac zoning is inconsistent with the Southwest County Sector Plan's LDR land use classification.
2. General Plan policy 11.2 recommends densities of 12 to 24 du/ac be located in the urban growth area and adjacent to neighborhood and community centers. This property is not located in the urban growth boundary or adjacent to a neighborhood or community center. In general, a neighborhood and community center is in reference to a commercial node, though a recreational node could be a consideration.
3. The proposed MDR/O (Medium Density Residential/Office) land use classification in the Southwest County Sector Plan is recommended along thoroughfares (collector and arterial streets) or as a transition (buffer) between commercial uses and low density residential areas. The golf course and county club are non-residential but are permitted uses in the PR (Planned Residential) zone as a "recreation use".