---

Staff Recommendation

Deny the RB (General Residential) zone due to environmental constraints on the site and surrounding area.

---

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 COUNTY GENERALLY:
1. Development along this section of Dutchtown Road is primarily comprised of single-family residential subdivisions and occasional multifamily developments that have been established for decades. Multiple religious sites and private educational campuses also operate along this corridor.
2. This area is prone to flooding, which prompted multiple Capital Improvement Projects by the Knox County Engineering and Public Works Department. This includes the acquisition and demolition of a residence 250 feet to the southwest in 2023 and the installation of a floodwall to the southeast to prevent nearby residencies from being inundated by stormwater.
3. Most of the subject property has an elevation of 940 ft, which the Dutchtown Road Flood Study Report of 1999 identifies as the elevation of flooding during the April 1998 storm event. It is worth noting that there is apparent flooding visible in this area according to aerial maps from 2018, 2019, and 2020. The environmental constraints on this property and in this general area do not support the residential intensity of the requested rezoning from A (Agricultural) to RB (General Residential).

THE PROPOSED AMENDMENT SHALL BE CONSISTENT WITH THE INTENT AND PURPOSE OF THE APPLICABLE ZONING ORDINANCE:
1. The RB zone provides for a medium population density, and the principal uses of land range from houses to multi-dwelling structures or developments. On this site, the RB zone would allow for up to 8 dwelling units by right. Such intensity of development would be inconsistent with environmental constraints and flood risk on the subject property.
2. It is noteworthy that a single-family home would be permitted by right under the subject property's current A zoning because it is a lot of record.
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.

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. A large, closed contour on the property's south and west sides indicates the possible presence of a sinkhole, which the Dutchtown Road Flood Study recommends protecting as primary outlets for stormwater runoff (see Exhibit B).
2. Access is currently constrained by topography, utilities, and the culvert along the property's west side. A utility manhole and fire hydrant are set back on the property's southern side. Currently, access is provided by the adjacent parcel to the east, which is not owned by the applicant or included in this rezoning request.
3. The environmental and access constraints on the site along with increased flooding implications of more impervious development for neighboring properties do not support increasing residential intensity.

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 County's Comprehensive Land Use and Transportation Plan assigns the SMR (Suburban Mixed Residential) place type to this lot, which permits consideration of the RB zone. However, adding residences to an area prone to flooding contradicts the intent of Implementation Policy 9.3, to focus growth in areas already served by adequate infrastructure.
2. The property is in the Planned Growth Area of the Growth Policy Plan, which calls for coordinated action of development with adequate roads, utilities, schools, drainage and other public facilities and services. Adding residences to an area prone to flooding does not support the intent of the Growth Policy Plan.