Rezoning

2-J-26-RZ

Denied

Deny the I (Industrial) and LI (Light Industrial) zones because they are inconsistent with the Comprehensive Plan and incompatible with surrounding conditions. The F (Floodway) zone would be retained.


Request

Property Info

Case Notes

What's next?

Applicant Request

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Property Information

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Location
0 E GOVERNOR JOHN SEVIER HWY

East side of E GOVERNOR JOHN SEVIER HWY, south of STRAWBERRY PLAINS PIKE

Commission District 9


Size
11.45 acres

Place Type Designation
BP (Business Park), TCMU (Town Center Mixed-use), SP (Stream Protection), HP (Hillside Ridgetop Prot

Currently on the Property
Commercial

Growth Plan
Planned Growth Area

Fire Department / District
Rural Metro Fire

Case Notes

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Disposition Summary
Deny the I (Industrial) and LI (Light Industrial) zones because they are inconsistent with the Comprehensive Plan and incompatible with surrounding conditions. The F (Floodway) zone would be retained.
Staff Recommendation
Deny the I (Industrial) and LI (Light Industrial) zones because they are inconsistent with the Comprehensive Plan and incompatible with surrounding conditions. The F (Floodway) zone would be retained.


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. This request to rezone from the CB (Business and Manufacturing) and PC (Planned Commercial) zone to the LI (Light Industrial) and I (Industrial) zone is not supported by any changes to the area. This section of E Governor John Sevier Highway has been a stable manufacturing and heavy commercial corridor among forested hillside for many years. The only significant change to the area recently has been the unpermitted encroachment of a contractor storage yard into the PC-zoned portion of the subject property beginning in 2018. PC zoning requires development plan review by the Planning Commission before a use is permitted, and no such review has occurred to date.
2. In terms of changes to policy, the vision for this area in the recently adopted Knox County Comprehensive Plan land use map exhibits a transition away from the more industrial and heavy commercial activity that exists currently to more mixed-use, office, town center and residential development. An area of the MHI (Mining and Heavy Industrial) place type is already accommodated further southeast where there is rail line access, and that is where industrial zoning is envisioned.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The I zone provides areas in which the principal use of land is for manufacturing, assembling, fabrication and for warehousing and other uses which have heavy impacts and adverse effects on surrounding property. These uses do not depend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major rail, air, or street transportation routes.
2. The LI zone is intended to provide areas in which the principal use of land is for processing, storage, packaging, wholesaling, distribution, light manufacturing, and restricted retailing.
3. While the subject property is located along a major transportation route where industrial manufacturing and trucking traffic occurs, this property neighbors Swanpond Creek and the Forks of the River public park, which are sensitive sites that do not align the intent of the LI and I zones.
4. Rezonings should be based on the entire range of uses allowed within a zone to ensure that any development brought forth at a future time would be compatible with the surrounding land uses.

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. Industrial rezoning could have a direct adverse impact on residents who utilize Forks of the River Park and on water quality and wildlife of Swanpond Creek. Permitted industrial activity could result in air, noise and light pollution as well as polluted stormwater runoff, since this property is subject to flooding.

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 LI zone can be considered in the existing BP (Business Park) place type designation on a portion of this property, but the applicant is seeking to extend it to the area with the TCMU (Town Center Mixed Use) place type where LI is not permissible and staff do not recommend a plan amendment.
2. The MHI zone is not permissible in either the BP or TXMU place type, and staff do not recommend amending the land use map to accommodate the required MHI (Mining and Heavy Industrial) place type for this rezoning.
3. The proposed rezoning also conflicts with the adopted East County Community Plan, which identifies much of this property as a Rural Area intended for low density residential development, open space, or agriculture.

What's next?

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Applicant

Clent Fleming


Case History