Disposition Summary

Deny the MHI (Mining and Heavy Industrial) and the BP (Business Park) place types because they do not meet any of the criteria for a plan amendment and are inconsistent with Comprehensive Plan policies. The SP (Stream Protection) area would be retained.

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Staff Recommendation

Deny the MHI (Mining and Heavy Industrial) and the BP (Business Park) place types because they do not meet any of the criteria for a plan amendment and are inconsistent with Comprehensive Plan policies. The SP (Stream Protection) area would be retained.

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Please see the Rezoning Map and the Exhibit C County Future Land Use Map to distinguish the different parcel boundaries for the rezoning and plan amendment requests.

PURSUANT TO THE COMPREHENSIVE PLAN, CHAPTER 3 IMPLEMENTATION, A PLAN AMENDMENT MAY BE APPROPRIATE IF THERE IS AN OBVIOUS OR SIGNIFICANT ERROR OR OMISSION IN THE PLAN, OR IF TWO OR MORE OF THE OTHER CRITERIA APPLY:

OBVIOUS OR SIGNIFICANT ERROR OR OMISSION IN THE PLAN:
1. Most of the subject property has the BP (Business Park) place type and approximately 5 acres along E Governor John Sevier Highway has the TCMU (Town Center Mixed Use) place type in the Comprehensive Plan. Both designations mirror that of adjacent parcels, forming a cohesive vision of future land use along a commercial corridor and at the intersection with Strawberry Plains Pike. These place types are not the result of an error or omission in the Comprehensive Plan.
2. The SP (Stream Protection) area covers the subject property and aligns with the FEMA Flood Zone map, which places most of the property in the 100-year floodplain (see Exhibit B). The SP designation will remain with the subject parcel.

IF THERE ARE NO ERRORS OR OMMISSIONS, TWO OF THE FOLLOWING CRITIERIA MUST BE MET:

CHANGES OF CONDITIONS (SUCH AS SURROUNDING LAND USES, ZONING, UNCONTROLLED NATURAL FORCES/DISASTERS, ETC.):
1. There have been no changes to conditions in the area that support a spot designation of the MHI (Mining and Heavy Industrial) place type or an expansion of the BP place type in a manner that interrupts the transition to TCMU along the corridor.
2. The property is subject to flooding from Swanpond Creek 100 ft to the north. Directly across the creek is the Forks of the River park, which provides soccer/rugby fields and a picnic pavilion for the surrounding community. These conditions do not support MHI, which could result in land uses that create hazardous water quality impacts and/or environmental and noise-related nuisances to those who engage with the public park. Similarly, the BP place type is more intensive than TCMU in terms of potential impacts, and expanding that place type in a manner which interrupts a transition to a town center place type is inappropriate.
3. The only change of conditions in the immediate area is the unpermitted expansion of construction equipment and material storage on the subject parcel under the existing PC (Planned Commercial) zone..

INTRODUCTION OF SIGNIFICANT NEW UTILITIES OR LOCAL/STATE/FEDERAL ROAD PROJECTS THAT WERE NOT ANTICIPATED IN THE PLAN AND MAKE DEVELOPMENT MORE FEASIBLE:
1. There have been no recent capital improvements or utility expansions to the area that warrant a plan amendment to the MHI or BP place type.

NEW DATA REGARDING TRENDS OR PROJECTIONS, POPULATION, HOUSING CONDITIONS, OR TRAFFIC GROWTH THAT WARRANT RECONSIDERATION OF THE ORIGINAL PLAN:
1. There is no new data or changes to traffic patterns that point to the need for the MHI place type at this location or an expansion of the BP place type.

THE PROPOSED CHANGES SUPPORT THE POLICIES AND ACTIONS, GOALS, OBJECTIVES, AND CRITERIA OF THE PLAN:
1. A plan amendment to the MHI place type in a floodplain near a stream and a public park would run counter to several Implementation Policies of the Comprehensive Plan. They include Policy 2, to ensure that development is sensitive to existing community character; Policy 7, to encourage development practices that conserve and connect natural features and habitat; Policy 18, to create a park system that is accessible to and meets the needs of all residents; and Policy 20, to use the park system to promote goals for economic vitality, conservation of natural resources, and resiliency to natural hazards. Mining and Heavy Industrial uses here could jeopardize the health and safety of natural and community assets of the area.
2. Expanding the BP place type at the location requested is also not supported by any Implementation Policies of the Comprehensive Plan.