[Andy Fox]

Colleagues:

Please see the proposed findings and resolution below. DR Horton is the applicant, but is not the owner. The owner is still Schubert Family Limited Partnership.

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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, the Knox County Board of Commissioners have been recently informed that Chrissy McNaughton, PhD, who is the East Tennessee Regional Manager for the Tennessee Department of Environment & Conservation (“TDEC”), Division of Remediation, met with citizens of Knox County District 9 regarding this parcel, and Dr. McNaughton identified this parcel as one of concern regarding its former use as a place of dynamite storage when it was owned by Atlas Powder Co., and attorneys for TDEC are now reviewing this parcel with respect to the regulations of remediating and reusing contaminated properties.

WHEREAS, this parcel was purchased by Morgan A. Schubert and wife, Martha B. Schubert in 1979 from a corporate successor-in-interest to Atlas Powder Co., said transaction of record in Warranty Book 1671, page 770 of the Knox County Register of Deeds, and then conveyed by the widowed Martha B. Schubert to the current owner, Schubert Family Limited Partnership, in 2003, said transaction of record in Instrument No. 200302050068767 of the Knox County Register of Deeds.

WHEREAS, this parcel was zoned Agricultural at the time of the 1979 purchase by Morgan and Martha Schubert, who then successfully sought Industrial zoning in 1980, in Knoxville-Knox County Planning Commission case number 7-CV-79-RZ.

WHEREAS, in 2002 the Knox County Board of Commissioners initiated a successful application for rezoning this parcel, also characterized as “downzoning,” from Industrial to Agricultural, in Knoxville-Knox County Planning Commission case number 4-M-02-RZ, and therefore the parcel was conveyed under Agricultural zoning to the current owner, Schubert Family Limited Partnership.

WHEREAS, the community in Knox County Ninth District agreed with the Knoxville-Knox County Planning Commission staff recommendation of rezoning this parcel from Agricultural to Planned Residential up to 2 du/ac, but opposed the actions of the Knoxville-Knox County Planning Commission recommending Planned Residential up to 4 du/ac and the Knox County Board of Commissioners approving Planned Residential up to 4 du/ac zoning for this parcel in Knoxville-Knox County Planning Commission case number 5-K-24-RZ, which was finalized on July 15, 2024.

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 although the density of this parcel at 2 du/ac would not be incompatible with neighboring properties, and would not have a substantial impact on traffic flow on Tipton Station or cause a substantial increase in students at Bonny Kate Elementary, South Doyle Middle School, and South Doyle High School, which is why the Knoxville-Knox County Planning Commission staff recommended 2 du/ac; it is the opinion of the Knox County Board of Commissioners that 4 du/ac would be incompatible with neighboring properties, and would have a substantial impact on traffic flow on Tipton Station, as well as cause a substantial impact on the number of students at Bonny Kate Elementary, South Doyle Middle School, and South Doyle High School.

WHEREAS, the applicant is not the owner of this parcel, and a rezoning of this parcel to Agricultural would not deprive the owner of all economically beneficial uses of this parcel, and neither would a rezoning to Agricultural affect any investment-backed expectations nor have any economic impact on the owner, because the owner received this parcel as zoned Agricultural, and the owner has taken no action to proceed under zoning of Planned Residential up to 4 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 148 049 (part of), 2814 Tipton Station Rd., from Planned Residential (PR) up to 4 du/ac to Agricultural (A); previously rezoned under 5-K-24-RZ (Approved August 19, 2024) from Agricultural (A) to Planned Residential (PR) up to 4 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.

[Kim Frazier]

Commissioner Fox,

Have you reached out to the property owner to notify them that their property will discussed by the legislative body of Knox County? After speaking with legal yesterday, it is my opinion that the County has a responsibility to the property owner to notify them. I would encourage using the Planning Office’s notification process as this is related to zoning.

Just my two cents.

[Andy Fox]

Yes, I spoke with Ben Mullins today, who is listed on the application as the representative of the owner, Schubert Family Limited Partnership.

[Author]

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