Disposition Summary

Approve the C-H-2 (Highway Commercial) district because it is consistent with the recommended land use classification and an extension of this district.The HP (Hillside Protection Overlay) would be retained.

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Staff Recommendation

Approve the C-H-2 (Highway Commercial) district because it is consistent with the recommended land use classification and an extension of this district.The HP (Hillside Protection Overlay) would be retained.

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The HP (Hillside Protection) overlay would be retained.

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PURSUANT TO THE CITY OF KNOXVILLE ZONING ORDINANCE, SECTION 16.1.E, ALL OF THE FOLLOWING CONDITIONS MUST BE MET FOR ALL REZONINGS:

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. There have not been any significant changes in the area in recent times. However, this will be an extension of this zoning from the north. Furthermore, the traffic-carrying capacity of this 4-lane arterial street is adequate for the requested commercial land use, as described above.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The C-H-2 district is intended to accommodate higher-intensity commercial uses of a predominantly auto-oriented character, including retail, rental, and service establishments of a more intense commercial character including those requiring permanent outdoor service or storage areas.
2. The property is in a commercial corridor with a mix of office and public-quasi public uses, and it meets the proposed district's intent. The subject parcel also meets the dimensional standards of the C-H-2 district.
3. 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.

THE PROPOSED AMENDMENT SHALL NOT ADVERSELY AFFECT ANY OTHER PART OF THE CITY, NOR SHALL ANY DIRECT OR INDIRECT ADVERSE EFFECTS RESULT FROM SUCH AMENDMENT.
1. The proposed amendment is not expected to have any significant adverse impact on the surrounding area which has other existing commercial uses.
2. The RN-1 zoned property to the south accommodates a church which sits on a higher elevation than the subject property. Grading change and existing vegetation at the rear of the property screens the house to the west.
3. Approximately 3,308 sq ft of this 20,452-sq ft property is within the HP (Hillside Protection Overlay) district with less than 25% slopes for almost the entire area within the HP district. Nonetheless, any development on this property would need to meet the HP Overlay district regulations.
4. Per Article 12.8 of the City zoning ordinance, a 20-ft Class B landscape buffer yard would be required along the south and west boundaries for any development on the property.

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 consistent with the General Plan's Development Policy 8.12, which provides guidelines for commercial growth abutting a residential property. The zoning ordinance requires a Class B buffer yard along the rear and south of the property, as described above.
2. The proposed rezoning will be consistent with the recommended GC land use classification of the sector plan and One Year plan.

ADEQUATE PUBLIC FACILITIES ARE AVAILABLE INCLUDING, BUT NOT LIMITED TO, SCHOOLS, PARKS, POLICE AND FIRE PROTECTION, ROADS, SANITARY SEWERS, AND WATER LINES, OR ARE REASONABLY CAPABLE OF BEING PROVIDED PRIOR TO THE DEVELOPMENT OF THE SUBJECT PROPERTY IF THE AMENDMENT WERE ADOPTED:
1. N Broadway Avenue is a major arterial street with sidewalk connections in this area. This is an urbanized area with adequate utility infrastructure provided by KUB.
2. The Fountain City Lake Park, Fountain City Ballfields, and Fountain City Elementary, Gresham Middle, and Central High schools are located within 0.5 miles of the subject property.