Approve the PR (Planned Residential) zone up to 1 du/ac, subject to the condition that the applicant comply with the Clinch River Tennessee Scenic River Boundary as described in Tenn. Code Ann. § 11-13-108.

Disposition Summary

Approve the PR (Planned Residential) zone up to 1 du/ac, subject to the condition that the applicant comply with the Clinch River Tennessee Scenic River Boundary as described in Tenn. Code Ann. § 11-13-108.

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Details of Action

Approve the PR (Planned Residential) zone up to 1 du/ac, subject to the condition that the applicant comply with the Clinch River Tennessee Scenic River Boundary as described in Tenn. Code Ann. § 11-13-108.

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Staff Recommendation

Approve the PR (Planned Residential) zone up to 1 du/ac because it is consistent with surrounding development and permitted residential intensity, subject to 2 conditions.

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1. No disturbance is permitted 450 ft from the property line that abuts Clinch River per the Tennessee Scenic River boundary described in Tenn. Code Ann. § 11-13-108. Disturbance shall mean any activity that changes the physical conditions of land form, vegetation and hydrology, creates bare soil, or otherwise may cause erosion or sedimentation.
2. Disturbing no more than 44.6 acres within the HP (Hillside Protection) area, as recommended by the slope analysis.

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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 Hardin Valley area continues to see increases in residential development, though much of the outer boundary of the region remains rural, agricultural and forested. The proposed rezoning to the PR (Planned Residential) zone is characteristic of these changes to the area.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The PR zone is designed to provide optional methods of land development that encourage creative solutions to environmental design problems. Each planned development is intended to be compatible with surrounding or adjacent zones.
2. The subject property is comprised of forested hillside with many of its slopes exceeding 25%. There are two blue line streams that converge on the parcel as they lead to Clinch River, which forms the property's northwest boundary. These significant environmental considerations align with the intent of the PR zone to develop in the least environmentally constrained portions of the property by allowing clustered/ conservation residential development.
3. The applicant requested PR with a density of 2 du/ac. Staff are recommending a density no greater than 1 du/ac in light of these severe ecological constraints on the property, surrounding rural character and the capacity of existing transportation and utility infrastructure.

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 recommended PR zone with a density no greater than 1 du/ac is the same density already permitted under the property's current A (Agricultural) zone. A key distinction between the two districts is that the PR zone enables development that is more responsive to environmental conditions by permitting clustered development in the optimal areas of the property, as opposed to the 1-acre minimum lot size in the A zone.
2. Development plans under the PR district are reviewed by the Planning Commission, providing a public forum for review and input on the proposed development. It also enables a cross-departmental review of the plans to evaluate the proposed development's impact on surrounding properties and infrastructure.
3. The property lacks access to sanitary sewer infrastructure. Development of the site would require approval by the Knox County Health Department with regards to adequate lot sizing for septic service if sewer utilities are not extended.
4. By maintaining the existing permitted density on the subject property, the recommended rezoning is not anticipated to have an adverse impact on the area.
5. The subject property borders a segment of Clinch River that has the Tennessee Scenic River designation. This is one of only two such designations in Knox County and nineteen state-wide. The stated objective of the Scenic Rivers program is to preserve and protect the free flowing, unpolluted and oustanding scenic, recreational, geologic, botanical, fish, wildlife, historic and/or cultural values of selected rivers and river segments across the state. Clinch River has a Class III designation, which means it is a partially developed area with a standard boundary of 450 ft from the river bank. The Scenic River designation and boundary informed condition 1 pertaining to a non-disturbance boundary along the riverbank.

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 rezoning is permitted within the Northwest County Sector Plan's current land use classification of AG (Agricultural). It is also consistent with the recommended amendment to the RR (Rural Residential) land use classification, which more closely aligns with the conditions of the area.
2. The PR zone up to 1 du/ac is consistent with the General Plan's development policy 9.3 to ensure that the context of new development, including scale and compatibility, does not impact existing neighborhoods and communities.
3. This property is located within the boundaries of the Hardin Valley Mobility Plan, which does not indicate that there any proposed transportation improvements around the property's location on West Gallaher Ferry Road. Maintaining the permitted density on the property is consistent with existing and planned transportation conditions.
4. The PR zone and recommended density are consistent with the subject property's location in the Rural Area of the Growth Policy Plan.