Disposition Summary

Approve the PR (Planned Residential) zone up to 12 du/ac because it is consistent with the Comprehensive Plan and surrounding development, subject to 2 conditions. The Floodway zone will be retained and shifted to align with the Floodway designation of the FEMA Flood Map.

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Staff Recommendation

Approve the PR (Planned Residential) zone up to 12 du/ac because it is consistent with the Comprehensive Plan and surrounding development, subject to 2 conditions. The Floodway zone will be retained and shifted to align with the Floodway designation of the FEMA Flood Map.

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1. Submitting a Phase 1 Envrionmental Assessment to the Tennessee Department of Environment and Conservation (TDEC) for review and adhering to all TDEC requirements stemming from that assessment before a development plan is reviewed by the Planning Commission.
2. Conducting a stream assessment for review by the Knox County Department of Engineering and Public Works to determine whether stream buffering is required before a development plan is reviewed by the Planning Commission.

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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. The subject property is in an area of Middlebrook Pike that contains a diverse mix of housing forms and commercial and civic amenities that support consideration of more residential intensity. There are single-family detached houses, townhouses and small-scale apartments within a 500-ft radius of this property. The Cedar Bluff Elementary and Middle Schools are nearby to the southwest, and service-oriented businesses and offices exist on three sides of the property with a large commercial node at the intersection of Middlebrook Pike and N Cedar Bluff Rd nearby to the west.
2. In 2020, a capital improvement project was completed to increase sidewalk connectivity on Middlebrook Pike between Old Cedar Bluff Rd and N Cedar Bluff Rd. This change provides a consistent sidewalk along the south side of Middlebrook Pike, making the area more accommodating of residential development and the requested PR (Planned Residential) zone at a maximum density of 12 dwelling units per acre.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The intent of the PR zone is to provide optional methods of development that are responsive to environmental constraints on a site. Compatibility with surrounding properties is evaluated by the Planning Commission at the development plan stage.
2. The subject property contains the F (Floodway) zone, and staff recommend that this zone be shifted to align with the FEMA Flood Map as part of this rezoning case. The F zone is intended to protect the river and creek channels and floodplains from encroachment so that flood heights and flood damage will not be increased. Residential development within the F zone is not permitted.
3. Much of the subject property is comprised of a stormwater culvert or stream in the Floodway and Floodplain. The subject property appears to have been used for many years as a dumping site for inoperable trucking and construction equipment. The PR zone will enable development that adapts to these constraints and develops only in the optimal areas of the property with evaluation by the Planning Commission.

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. Staff recommend that a Phase 1 Environmental Analysis be completed and submitted to TDEC. If TDEC determines that a Phase 2 Analysis is necessary or that mitigation measures are needed to eliminate any health risk from hazardous materials , that process shall occur before a Development Plan is considered by the Planning Commission. This condition will protect the public health and welfare of future residents on the site and downstream.
2. The second recommended condition is that a stream assessment be completed so that a future development plan review can incorporate potential stream buffering requirements in addition to any other stormwater and floodplain management measures required by Knox County Stormwater Engineering staff.

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 PR zone at 12 du/ac is partially related to both the SMR (Suburban Mixed Residential) and CMU (Corridor Mixed Use) place types on the subject property in this Knox County Comprehensive Plan. This location meets the supplemental review criteria for partially related zones by permitting development that is consistent with primary and secondary uses of these place types, which include attached residential and multifamily residential development.
2. This rezoning is consistent with the subject property's location in the Planned Growth Area of the Growth Policy Plan.