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Staff Recommendation

Approve the RN-3 (General Residential Neighborhood) district because it is consistent with the recommended MDR land use classification.

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The HP (Hillside Protection Overlay) district 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. The abutting Western Plaza experienced major redevelopments between 2016-2019 that included construction of a three-story commercial and office building on the west side of the subject parcel.
2. The western subject parcel has been used by the Knoxville Montessori School since 1981 while the eastern parcel accommodates a house as well as a parking area for the school. The proposed rezoning would allow an expansion of the school that provides a buffer between the intense commercial use and the residential neighborhood on the northwest part of Kingston Pike-Sequoyah Hills Association.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The RN-3 district is intended to accommodate medium density residential neighborhoods characterized by one- and two-family homes. Townhouse dwellings may be allowed via special use approval and limited nonresidential uses that are compatible with the character of the district may also be permitted.
2. The requested RN-3 district allows more than one principal structure on a parcel that is not allowed under the present RN-2 district. The proposed rezoning is consistent with the existing non-residential use of the property, and it meets the intent of the zoning 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. There are no significant adverse impacts anticipated with this rezoning. The RN-3 district has the same height restriction and side setback requirements as the RN-2 district standards. A Class A landscape buffer is required for nonresidential use located within residential district. If any townhouse development is pursued in future, it will require special use approval by the Planning Commission that involves a public hearing process.
2. Both parcels have been disturbed previously, so these would be exempt from the HP regulations.

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 will provide a buffer between intense commercial uses and a residential neighborhood that is consistent with the General Plan's Development Policy 8.4, which recommends protecting residential areas from encroaching commercial development and other incompatible uses.
2. The RN-3 district is consistent with the recommended MDR land use classification of the West City Sector Plan and One Year Plan.
3. The Bearden Village Opportunities Plan's (2001) recommended low density residential land use for this property. While the RN-3 district intends to accommodate medium density residential uses, the Montessori school has been located at this property for approximately 44 years. The proposed rezoning is in harmony with the community goal of enhancing the sense of place and community (p.6 of the small area 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. Public facilities are not of any concern with regard to the requested rezoning. This is an urbanized area with adequate utility infrastructure and public amenities including the West High School, Third Creek Greenway, and Third Creek Greenway Park, and the property has sidewalk connection to a transit route within 0.35 miles.