Disposition Summary

Approve C-H-2 (Highway Commercial) and HP (Hillside Protection Overlay).zoning for the requested area as noted in the application because it is consistent with the intent of the district and changing conditions in the area.

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Staff Recommendation

Approve C-H-2 (Highway Commercial) and HP (Hillside Protection Overlay).zoning for the requested area as noted in the application because it is consistent with the intent of the district and changing conditions in the area.

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PURSUANT TO THE CITY OF KNOXVILLE ZONING ORDINANCE, SECTION 16.1.3, SUBSECTIONS 1-3, 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. The construction of Rock Pointe Drive will substantially change the traffic pattern and access to the subject property. The property will be more directly connected to Rutledge Pike and the access ramp from Interstate 40 by an expanded and straightened road, which warrants consideration of C-H-2 (Highway Commercial) zoning.
2. The proposed rezoning follows the new parcel lines once Rock Pointe Drive is completed and a plat is approved dividing the properties, as shown in the concept plan.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. C-H-2 zoning is intended for higher-intensity commercial uses of a predominantly auto-oriented character, including retail, rental and service establishments of a more intense commercial character.
2. Considering the subject property's improved and direct access to a major arterial and a highway, C-H-2 zoning at this location is consistent with the intent of the zoning district.

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 zoning ordinance describes how the C-H district regulations are intended to ensure the mitigation of any potential impacts related to such commercial establishments on neighboring uses.
2. The subject property will be separated from the established residential neighborhood to the southeast by Rock Pointe Drive. The new road will terminate into private property to the east and there will be a stop sign where it intersects with Pelham Road. Rock Pointe Drive will provide a new sidewalk network that connects the neighborhood to commercial developments on the vacant subject property, as provided by the requested zoning district.
3. C-H-2 zoning is not anticipated to have adverse impact on the surrounding area because of its close proximity to the highway and its buffering from residences.

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 requested C-H-2 zoning district is consistent with the East City Sector Plan and the One Year Plan as amended with the recommended expansion of the MU-SD, EC-2 land use classification.
2. C-H-2 zoning is not in conflict with the General Plan or any other adopted plans.

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. Existing and future public facilities and insfrastructure can support the development potential of the C-H-2 zoning district.