Disposition Summary

Approve the sector plan amendment to the O (Office) land use classification because the current ROW (Right-of-Way) land use classification is a result of an error in the plan.

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Staff Recommendation

Approve the sector plan amendment to the O (Office) land use classification because the current ROW (Right-of-Way) land use classification is a result of an error in the plan. The TO (Technology Overlay) would be retained.

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PURSUANT TO THE GENERAL PLAN, PLANNING FRAMEWORK CHAPTER, THE PLANNING COMMISSION RESERVES THE AUTHORITY TO RECOMMEND LAND USE PLAN CHANGES BASED ON SUBSTANTIALLY CHANGED CONDITIONS. SUBSTANTIALLY CHANGED CONDITIONS INCLUDE (may meet any of these):

INTRODUCTION OF SIGNIFICANT NEW ROADS OR UTILITIES THAT WERE NOT ANTICPATED IN THE PLAN AND MAKE DEVELOPMENT MORE FEASIBLE:
1. No known improvements have been made recently to Schaeffer Rd in the near vicinity of this property.

AN OBVIOUS OR SIGNIFCANT ERROR OR OMISSION IN THE PLAN:
1. The parcel to the south is under the same ownership. In 2017, that parcel (ID 104 106) was approved for a sector plan amendment from Right-of-Way to Office soon after the sector plan updated because of an error in the plan (4-A-17-SP). The Northwest County Sector plan designated this parcel ID 104 106 as ROW because it was owned by Knox County and adjacent to the Schaeffer Road right-of-way. It was then purchased by a private individual. Also, it was previously designated Office in the 2008 update to the TTCDA Comprehensive Development Plan. This subject parcel has been privately owned as far back as 1972 and was previously designated Office in the TTCDA Comprehensive Development Plan 2008 update. Therefore, the Right-of-Way designation is a result of a mapping error in the plan.

CHANGES IN GOVERNMENT POLICY, SUCH AS A DECISION TO CONCENTRATE DEVELOPMENT IN CERTAIN AREAS.
1. There are no known public policy changes relating to this property and its land use classification.

TRENDS IN DEVELOPMENT, POPULATION OR TRAFFIC THAT WARRANT RECONSIDERATION OF THE ORGINAL PLAN PROPOSAL:
1. The area to the east has been transitioning from A to RA and PR zones at low residential densities since 2003 and commercial and industrial to office uses where abutting residential developments since 2013.

OTHER CONSIDERATIONS:
1. The Office land use is an appropriate buffer between Pellissippi Parkway and low density residential neighborhoods.

State law regarding amendments of the general plan (which includes Sector Plan amendments) was changed with passage of Public Chapter 1150 by the Tennessee Legislature in 2008. The law now provides for two methods to amend the plan at TCA 13-3-304:
- The Planning Commission may initiate an amendment by adopting a resolution and certifying the amendment to the Legislative Body. Once approved by majority vote of the Legislative Body, the amendment is operative.
- The Legislative Body may also initiate an amendment and transmit the amendment to the Planning Commission. Once the Planning Commission has considered the proposed amendment and approved, not approved, or taken no action, the Legislative Body may approve the amendment by majority vote and the amendment is operative.