Disposition Summary

Approve the C-H-1 (Highway Commercial) district because it is consistent with the recommended GC land use classification and is compatible with the surrounding development. The HP (Hillside Protection) Overlay district would be retained.

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Staff Recommendation

Approve the C-H-1 (Highway Commercial) district because it is consistent with the recommended GC land use classification and is compatible with the surrounding development. 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 Western Avenue road widening project in this area was completed in 2016, and a 30-minute frequency transit route was introduced to this corridor by the 2023 KAT Reimagined Network Plan. The road infrastructure and proximity to the I-640 interchange support the consideration of the highway commercial district at this location.
2. Between I-640 and Ball Camp Pike, all properties along Western Avenue are zoned for highway commercial districts, except for the subject property. The proposed rezoning will allow for a consistent development pattern along this commercial corridor.

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The existing RN-1 district is intended to accommodate traditional low density residential neighborhoods, exhibiting a predominant development pattern of single-family homes on relatively large lots and with generous setbacks.
2. The requested C-H-1 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.
3. The subject property's location along Western Avenue, a major arterial street with nearby access to Interstate 640, combined with the nearby commercial developments, meets the intent of the C-H-1 district. Both of the subject parcels meet the minimum lot size and minimum lot width requirements.
4. The subject parcels are entirely within the HP Overlay. However, a significant portion of this property was previously disturbed and may be exempt from HP Overlay regulations under Article 8.9.B.4. This shall be verified during the permitting phase for any development contemplated for the property.
5. 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. No significant adverse impacts are anticipated with this rezoning, considering the adjacent properties along Western Avenue are also zoned C-H-1, and a 20-ft Class B landscape buffer will be required along the northern and eastern boundaries that abut residential districts.
2. The existing access to Western Avenue may pose a safety concern, according to the City of Knoxville Engineering Department. However, a new driveway permit will be required from the Tennessee Department of Transportation if the property is developed for any use allowed under the C-H-1 district, and safety concerns will be addressed at that time.

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 along a major arterial street with a nearby connection to Interstate 640 is consistent with the General Plan's Development Policy 9.11, which recommends locating community-serving commercial areas where they can be easily shared by several neighborhoods.
2. The General Plan's Development Policy 8.12 encourages improving land use transitions between commercial and residential properties via fencing, landscaping screens, earthberms, height restrictions, and/or deeper than usual building setbacks. Existing vegetation separates the subject property from nearby residential structures, and the nearest house is 144 ft away from the rear property line. As mentioned above, a Class B landscape buffer will be required along the rear and eastern boundaries if the property is developed.
3. The C-H-1 district is consistent with the recommended GC land use classification of the Northwest City 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. This is an urbanized area with adequate utility infrastructure and access to Western Avenue, a major throughfare with sidewalk connections and a transit route.