WHEREAS, the Code of Knox County, Tennessee provides in Appendix A, Article 6, §6.30 that amendments to the zoning resolution for Knox County, Tennessee may be initiated by the Knox County Board of Commissioners.
WHEREAS, this parcel was zoned Agricultural, in part, and Low Density Residential prior to a rezoning on July 15, 2024, as Knoxville-Knox County Planning Commission case number 1-K-24-RZ, and was rezoned as Planned Residential up to 3 du/ac.
WHEREAS, the community in Knox County Ninth District opposed the rezoning on July 15, 2024 of this parcel from Agricultural and Low Density Residential to Planned Residential up to 3 du/ac.
WHEREAS, parties who own real property adjacent to a parcel have standing to file a lawsuit over rezoning of the parcel. Citizens for Collierville, Inc. v. Town of Collierville, 977 S.W.2d 321, 323 (Tenn. Ct. App 1998).
WHEREAS, a lawsuit has been filed against Knox County over the July 15, 2024 rezoning of this parcel.
WHEREAS, Tennessee courts have recognized that community sentiment is a valid basis for making a zoning decision, which is a legislative decision. Cunningham v. Bedford County, No. M2017-00519-COA-R3-CV, 2018 WL 5435401, *3-4 (Tenn. Ct. App. 10/29/2018); Cato v. The Montgomery Cty. Bd. of Commissioners, No. M2001-01846-COA-R3-CV, 2002 WL 1042179, *2 (Tenn. Ct. App. 5/23/2002); Day v. City of Decherd, No. 01A01-9708-CH-00442, 1998 WL 684533, *2-3.
WHEREAS, a rezoning of Parcel ID 138 104 (part of), 8744 Chapman Highway would not deprive the owner of all economically beneficial uses of this parcel, and neither would a rezoning to Agricultural and Low Density Residential affect any investment-backed expectations nor have any economic impact on the owner, because the owner received this parcel as zoned Agricultural and Low Density Residential, and the owner has provided no site plan nor sought any building permits for proceeding under zoning of Planned Residential up to 3 du/ac. See Phillips v. Montgomery Cty., 442 S.W.3d 233, 239-244 (Tenn. 2014).
NOW THEREFORE BE IT RESOLVED BY THE COMMISSION OF KNOX COUNTY AS FOLLOWS:
SECTION 1. Pursuant to §6.30.02 of the Code of Knox County, Tennessee, an application shall be submitted to the Knoxville-Knox County Planning Commission on behalf of the Knox County Board of Commissioners, to amend the zoning for Parcel ID 138 104 (part of), 8744 Chapman Highway from PR(Planned Residential) up to 3 du/ac to Agricultural (A) and RA (Low Density Residential); previously rezoned under 1-K-24-RZ (Approved August 19, 2024) from Agricultural (A) and RA (Low Density Residential) to PR(Planned Residential) up to 3 du/ac.
SECTION 2. That this Resolution is to take effect from and after its passage, as provided by the Charter of Knox County, Tennessee, the Public welfare requiring it.
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