Disposition Summary

Approve the sector plan amendment to the MU-SD, EC-2 (Mixed Use-Special District, Magnolia Avenue) and HP (Hillside Protection) land use classification for the requested area as noted in the application because it is consistent with changing conditions in the street network.

---

Staff Recommendation

Approve the sector plan amendment to the MU-SD, EC-2 (Mixed Use-Special District, Magnolia Avenue) and HP (Hillside Protection) land use classification for the requested area as noted in the application because it is consistent with changing conditions in the street network.

---

SECTOR PLAN AMENDMENT REQUIREMENTS FROM GENERAL PLAN (May meet any one of these):

CHANGES OF CONDITIONS WARRANTING AMENDMENT OF THE LAND USE PLAN:
1. In 2022, the section of Pelham Road that accesses the subject property was approved for closure and replacement with Rock Pointe Drive, which is an expanded and straightened road with a sidewalk (11-A-22-SC, 5-C-22-C). Rock Pointe Drive connects the subject property more directly to Rutledge Pike and adjacent properties to the west that are included in the MU-SD, EC-2 (Mixed Use-Special District, Magnolia Avenue) designation being requested here.

INTRODUCTION OF SIGNIFICANT NEW ROADS OR UTILITIES THAT WERE NOT ANTICIPATED IN THE PLAN AND MAKE DEVELOPMENT MORE FEASIBLE:
1. The partial removal of Pelham Road and introduction of Rock Pointe Drive was not anticipated by the sector plan when it was developed. Pelham Road will no longer separate the subject property from property to the west that is part of the existing MU-SD, EC-2 area. It also makes the subject property more accessible from Rutledge Pike, a major arterial that is a key focus of the mixed use district with regards to the types of land uses permitted.
2. The requested MU-SD enables consideration of commercial zoning such as C-H-2 (Highway Commercial), which aligns with this improved access to a major arterial and Interstate 40.

AN OBVIOUS OR SIGNIFICANT ERROR OR OMISSION IN THE PLAN:
1. There is no significant error or omission to the plan, but conditions have changed that warrant reconsideration of the existing LI (Light Industrial) land use classification.

TRENDS IN DEVELOPMENT, POPULATION OR TRAFFIC THAT WARRANT RECONSIDERATION OF THE ORIGINAL PLAN PROPOSAL:
1. Sidewalks are a valuable part of the City's road network, and have been increasingly prioritized in new developments. The completion of Rock Pointe Drive will connect to the existing sidewalk infrastructure along Rutledge Pike. The MU-SD, EC-2 classification describes the importance of enhancing the pedestrian experience in this area, so the connection of the subject property to the special district through a new sidewalk further justifies a minor extension of this district.

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.