[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 zoned Agricultural, in part, prior to a rezoning on August 19, 2024, as Knoxville-Knox County Planning Commission case number 1-L-24-RZ.

WHEREAS, the rezoning on August 19, 2024 was undertaken to be consistent with a land use plan amendment undertaken as part of Knoxville-Knox County Planning Commission case number 7-I-24-PA, which was also adopted on August 19, 2024.

WHEREAS, the quarterly review cycle established by Advance Knox, required the plan amendment undertaken as Knoxville-Knox County Planning Commission case number 7-I-24-PA to be heard on August 8, 2024 rather than July 11, 2024.

WHEREAS, despite a recommendation by the staff for the Knoxville-Knox County Planning Commission to postpone consideration of case number 7-I-24-PA from July 11, 2024 to August 8, 2024, Knoxville-Knox County Planning Commission disregarded the quarterly review cycle established by Advance Knox, and proceeded to consider the land use plan amendment of case number 7-I-24-PA on July 11, 2024.

WHEREAS, a failure to comply with procedural requirements with respect to a zoning decision can lead to a judicial finding of invalidity with respect to the zoning decision. See, Edwards v. Allen, 216 S.W.3d 278, 285 (Tenn. 2007), citing State ex rel. SCA Chemical Services, Inc. v. Sanidas, 681 S.W.2d 557, 564 (quoting 1 Anderson, American Law of Zoning §4.03 (1976). See also, State ex rel. Lightman, 60 S.W.2d 161, 162-163 (Tenn. 1933).

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 August 19, 2024 rezoning of this parcel.

WHEREAS, the community in Knox County Ninth District opposed the rezoning on August 19, 2024 of this parcel from Agricultural to General Business.

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 portion of this Parcel ID 138 104 is currently under lease contract between Knox County and the owner, for use as a public baseball and softball field, and this contract is anticipated to last for approximately five more years.

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 affect any investment-backed expectations nor have any economic impact on the owner, because the owner received this parcel as zoned Agricultural, this parcel is under contract for approximately five years to be used as a public baseball and softball field, and the owner has provided no site plan nor sought any building permits for proceeding under zoning of CA (General Business). 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 CA (General Business) to Agricultural (A); previously rezoned under 1-L-24-RZ (Approved August 19, 2024) from Agricultural (A) to CA (General Business).

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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