[Andy Fox]

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 rezoned in 2022, as Knoxville-Knox County Planning Commission case number 11-F-21-RZ and 11-B-21-SP, and the portion of Parcel ID 138 270 East of Sevierville Pike and South of Dry Hollow Road, which is approximate 41.22 acres, was zoned Agricultural before the rezoning in 2022, which resulted in a Planned Residential zoning for this parcel.

WHEREAS, the portion of Parcel ID 138 270 East of Sevierville Pike and South of Dry Hollow Road, in the approximate amount of 41.22 acres, lay outside the Planned Growth area of the Growth Policy Plan adopted by Knoxville, Knox County and the Town of Farragut in 2001, and instead was designated Rural Area.

WHEREAS, at the time this parcel was rezoned 2022, Growth Policy Plan §3.5 allowed extensions of low density residential development of up to 3 du/ac, although the baseline for Agricultural zoning was 2 du/ac pursuant to Growth Plan Policy §3.2.

WHEREAS, since the 2022 rezoning, Knox County has adopted a new land use planning regime entitled “Advance Knox.”

WHEREAS, since the 2022 rezoning for Knoxville-Knox County Planning Commission case numbers 11-F-21-RZ and 11-B-21-SP, which included this parcel as well as Parcel ID 138 274, substantial changes have been made to Parcel ID 138 274, and proposed intended uses have been changed.

WHEREAS, since the 2022 rezoning for Knoxville-Knox County Planning Commission case number 11-F-21-RZ and 11-B-21-SP, on July 3, 2024 the owner deeded Parcel ID 138 274 to Legacy Parks Foundation, a Tennessee public benefit, nonprofit corporation, and the manifestation of intent for use of Parcel ID 138 274 is Parks and Open Space.

WHEREAS, the community in Knox County Ninth District opposes Planned Residential up to 2.5 du/ac zoning for the portion of Parcel ID 138 270 East of Sevierville Pike and South of Dry Hollow Road, in the approximate amount of 41.22 acres.

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 the portion of Parcel ID 138 270 East of Sevierville Pike and South of Dry Hollow Road, in the approximate amount of 41.22 acres, 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 provided no site plan nor sought any building permits for proceeding under zoning of Planned Residential up to 2.5 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 the portion of Parcel ID 138 270 East of Sevierville Pike and South of Dry Hollow Road, in the approximate amount of 41.22 acres, 8802 Sevierville Pike, from Planned Residential (PR) up to 2.5 du/ac to Agricultural (A); previously rezoned under 11-F-21-RZ and 11-B-21-SP (Approved May 31, 2022) from Agricultural (A) to Planned Residential (PR) up to 2.5 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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