Disposition Summary

Approve the request to remove the previously approved planned district (C) designation.

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Staff Recommendation

Approve the request to remove the previously approved planned district (C) designation.

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Prior to the adoption of the current zoning ordinance, the subject property was zoned RP-1 (Planned Residential) up to 5.9 du/ac (12-I-96-RZ). The former RP-1 zoning provided optional methods of land development to encourage more imaginative solutions to environmental design problems, and was intended to establish a unified building and site development program. The RP-1 zoning district required a use-on-review development plan prior to the permitting process to establish a new use on the site.

Per Article 1.4.G (Previously Approved Planned Districts) of the City of Knoxville Zoning Ordinance, all previously approved planned districts remained in effect and are subject to all plans, regulations, and/or conditions of their approval. The previously approved plans for this RP-1 district included adding 10 multi-family dwelling units with an open space area to an existing multi-family development (5-F-98-UR).

Under the adoption of the City Zoning Ordinance on January 1, 2020, this property was assigned the RN-3 (General Residential Neighborhood) zoning district and HP (Hillside Protection Overlay) but retained the previously approved planned district (C) designation.

If the former RP-1 zoning is removed from the site, the existing RN-3 and HP zoning districts would apply to any proposed development. Before plans can be approved for a change to the site or use, the "C" designation must be removed via a special use.

STANDARDS FOR EVALUATING A SPECIAL USE (ARTICLE 16.2.F.2)

1) THE USE IS CONSISTENT WITH ADOPTED PLANS AND POLICIES, INCLUDING THE GENERAL PLAN AND THE ONE-YEAR PLAN.
A. Removal of the previous planned district is not a use in and of itself. The land where the "C" designation exists would be developed, and the determination of the use in the zoning district and its consistency with the One Year Plan and the Northwest City Sector Plan would be applicable at that time.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THIS ZONING CODE.
A. The RN-3 zoning district is intended to accommodate medium density residential neighborhoods characterized by one and two-family homes. Limited nonresidential uses compatible with the district's character may also be permitted.
B. Removal of the previously approved planned district designation would not cause nonconformance with the City of Knoxville's Zoning Ordinance.
C. Any proposed development will be required to be consistent with the general purpose and intent of the RN-3 district and the City's Zoning Code.

3) THE USE IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD WHERE IT IS PROPOSED, AND WITH THE SIZE AND LOCATION OF BUILDINGS IN THE VICINITY.
A. This special use request is to remove a former planned district designation on a parcel that was part of a development plan approved in 1998. Since this request is not for a specific use, it is not out of compliance with this section of the zoning ordinance.
B. Removal of the "C" designation will enable uses permitted in the RN-3 zoning district, which is intended to support residential areas. The suitability of an intended use will be determined when a use is proposed.

4) THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY OR BY NOISE, LIGHTS, FUMES, ODORS, VIBRATION, TRAFFIC, CONGESTION, OR OTHER IMPACTS DETRACT FROM THE IMMEDIATE ENVIRONMENT.
A. Removal of the previous planned district is not a specific use and its removal will not significantly injure the value of adjacent property.
B. All properties are required to comply with Article 10 of the City of Knoxville Zoning Ordinance, which regulates the aforementioned impacts.

5) THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS.
A. Since the removal of the previous planned district is not a specific use, its removal will not draw traffic.

6) THE NATURE OF DEVELOPMENT IN THE SURROUNDING AREA IS NOT SUCH AS TO POSE A POTENTIAL HAZARD TO THE PROPOSED USE OR TO CREATE AN UNDESIRABLE ENVIRONMENT FOR THE PROPOSED USE.
A. There are no known uses in the area that could be a potential hazard or create an undesirable environment for future development that is anticipated to occur at this site.