Disposition Summary

Approve the CN (Neighborhood Commercial) zone because it supports Implementation Policies of the Comprehensive Plan and provides an appropriate transition of land use intensity in response to infrastructure improvements.

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Staff Recommendation

Approve the CN (Neighborhood Commercial) zone because it supports Implementation Policies of the Comprehensive Plan and provides an appropriate transition of land use intensity in response to infrastructure improvements.

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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. This request to rezone from the A (Agricultural) to the CN (Neighborhood Commercial) district is supported by many changing conditions to the area. The major capital improvement of the Schaad Road Extension 300 ft south of the subject property provides sidewalks and connectivity between Middlebrook Pike/Hardin Valley Road to the west and Western Avenue to the east. It also provides a multimodal connection to Ball Camp Elementary and Amherst Elementary Schools. Recent and upcoming improvements to Bakertown Road south of the intersection with Ball Road will also expand pedestrian and vehicular access to the property.
2. The new Weigel's station being built adjacent to the subject property also changes the dynamic of the area towards service-oriented commercial amenities, and the requested CN zone builds upon that commercial node while also reducing commercial intensity to a neighborhood scale for an appropriate transition for the surrounding single-family residences.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The CN zone provides the opportunity to locate limited retail and service uses in a manner convenient to and yet not disruptive to established residential neighborhoods. It is intended to provide for the recurring shopping and personal service needs of nearby residential areas. The zoning code states that CN should generally be placed at street intersections that include either a collector or arterial street. The range of permitted uses is limited to those that are generally patronized on a frequent basis by neighborhood residents. Development performance standards are provided to maximize compatibility between commercial uses and adjacent residential uses.
2. The subject property's location next to a new commercial establishment and at the intersection of two major collector streets that service several neighborhoods in close proximity meets in the intent of the CN zone.

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 CN zone has building size restrictions and landscaping and lighting standards to ensure the commercial establishments are not a nuisance to surrounding residences. With these design regulations in place, staff do not anticipate any adverse impacts to residents resulting from this rezoning.
2. There is a stream or wet weather conveyance running east to west on the property. Knox County Engineering will require buffering if it is a stream, and stormwater treatment and mitigation requirements would be evaluated during the permitting process.

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. With the recommended Comprehensive Plan amendment to the SMR place type on this property, the CN zone can be considered as a partially related zone. The rezoning meets the additional criteria for a partially related zone by being adjacent to compatible PC (Planned Commercial) zoning and development to the south.
2. The CN zone is consistent with the Comprehensive Plan's Implementation Policy 5, to create neighborhoods with a variety of housing types and amenities in close proximity, by permitting modest commercial uses to serve existing and future neighborhoods in the area. It is also consistent with Policy 4, to incentivize walkable mixed-use centers, corridors, and neighborhood service nodes as the preferred form of commercial development, by permitting more neighborhood services to occur. Lastly, this rezoning is aligned with Policy 9, to coordinate infrastructure improvements with development, because a core basis for staff's recommendation of approval is the recent and ongoing transportation improvements occurring in the immediate area.
3. The subject property is located in the Planned Growth Area of the Growth Policy Plan, which supports a reasonably compact pattern of development in coordination with infrastructure capacity.