Disposition Summary

Approve the sector plan amendment to the GC (General Commercial) land use classification on the front half of the parcel because it is a minor extension of that land use class at an existing commercial node. The HP (Hillside Protection) land use classification will be retained.

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Staff Recommendation

Approve the sector plan amendment to the GC (General Commercial) land use classification on the front half of the parcel because it is a minor extension of that land use class at an existing commercial node. The HP (Hillside Protection) land use classification will be retained.

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The applicant is requesting dual zoning and a partial sector plan amendment for the subject property. The request is to extend the CA and OB zones, and amend the MDR/O land use classification to the GC land use class on the front of the property to accommodate the requested CA zone extension.

CHANGES OF CONDITIONS WARRANTING AMENDMENT OF THE LAND USE PLAN:
1. This section of E Emory Road has developed as a commercial node. It extends from the I-75 interchange to the intersection of E Emory Rd and Dry Gap Pike. Many of the commercial properties on the edge of this node near the subject property were rezoned from the A (Agricultural) zone, and that transition began in the 1980s.

INTRODUCTION OF SIGNIFICANT NEW ROADS OR UTILITIES THAT WERE NOT ANTICIPATED IN THE PLAN AND MAKE DEVELOPMENT MORE FEASIBLE:
1. No new roads or utilities have been introduced since the North County Sector Plan was adopted in 2013. E Emory Road was widened from the I-75 interchange to Norris Freeway in 2009, and that was a significant undertaking, but this was prior to the adoption of the sector plan update.

AN OBVIOUS OR SIGNIFICANT ERROR OR OMISSION IN THE PLAN:
1. There are no major errors or omissions in the plan.

TRENDS IN DEVELOPMENT, POPULATION OR TRAFFIC THAT WARRANT RECONSIDERATION OF THE ORIGINAL PLAN PROPOSAL:
1. The commercial node expansion over the years and the widening of E Emory Road support additional commercial zoning along this stretch of E Emory Road.

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.