Details of Action
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Approve the CB (Business and Manufacturing) zone because it is consistent with the CC (Corridor Commercial) place type, subject to the condition that there is no access to the property via Freeway Heights Drive.
Property Information
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Location7735 HEIGHTS DR
South of Freeway Heights Dr, east of Gordon Smith Rd
Commission District 7
Size3.89 acres
Place Type DesignationSMR (Suburban Mixed Residential), HP (Hillside Ridgetop Protection)
Currently on the Property
Rural Residential
Growth PlanPlanned Growth Area
Fire Department / DistrictRural Metro Fire
- Utilities
SewerHallsdale-Powell Utility District
WaterHallsdale-Powell Utility District
Case Notes
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Disposition Summary
Approve the CB (Business and Manufacturing) zone because it is consistent with the CC (Corridor Commercial) place type, subject to the condition that there is no access to the property via Freeway Heights Drive.
Details of Action
Approve the CB (Business and Manufacturing) zone because it is consistent with the CC (Corridor Commercial) place type, subject to the condition that there is no access to the property via Freeway Heights Drive.
Staff Recommendation
Deny the CB (Business and Manufacturing) zone because the location is inconsistent with the intent of the CB district.
PURSUANT TO THE KNOX COUNTY ZONING ORDINANCE, ARTICLE 6.30.01, THE FOLLOWING CONDITIONS MUST BE MET FOR ALL REZONINGS (must meet all of these):
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 are no changing conditions surrounding the subject property that warrant a rezoning from the A (Agricultural) district to the CB (Business and Manufacturing) district. The unpermitted surface parking lot that was constructed two years ago next to the subject property cleared over an acre of mature canopy that provided a vegetative buffer between heavy commercial activity and single-family residences. The proposed rezoning would further erode that protective boundary and is not appropriate at this location.
THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The CB zone is intended for a wide range of business and manufacturing uses. The nature of such businesses is to attract large volumes of automobile and truck traffic and to have adverse effects on surrounding properties. The CB zone is explicitly described as being incompatible with residential or other uses that require an environment free of noise, odors and congestion. Uses permitted in the CB zone are intensive users of roads, sewers and other public facilities.
2. The subject property abuts 5 occupied residences and is next to a condominium with 24 townhouse units. The surrounding residential context paired with the substandard road access conflicts with the intent of the CB district as described in the zoning ordinance.
PROPOSED AMENDMENT SHALL NOT ADVERSELY AFFECT ANY OTHER PART OF THE COUNTY, NOR SHALL ANY DIRECT OR INDIRECT ADVERSE EFFECTS RESULT FROM SUCH AMENDMENT:
1. The requested CB zoning could have numerous negative impacts on the surrounding residential properties. Heavy trucking traffic and the potentially noxious impacts of manufacturing uses could negatively impact the quality of life of existing residents and residential property values.
THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH AND NOT IN CONFLICT WITH THE COMPREHENSIVE PLAN OF KNOX COUNTY, INCLUDING ANY OF ITS ELEMENTS, MAJOR ROAD PLAN, LAND USE PLAN, COMMUNITY FACILITIES PLAN, AND OTHERS:
1. The proposed rezoning is not permitted under the current SMR (Suburban Mixed Residential) place type for this property in the Knox County Comprehensive Plan.
2. The CB zone at this location conflicts with the Comprehensive Plan's Implementation Policy 2 to ensure that development is sensitive to existing community character and policy 9 to coordinate infrastructure improvements with development. This rezoning would be misaligned with the residential character surrounding it to the north, south and east, and road infrastructure expansion is needed to accommodate the kinds of intensive uses permitted in the CB zone.