[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, the Comprehensive Land Use and Transportation Plan for Knox County (“Advance Knox”) acknowledges that Knox County Board of Commissioners “may initiate plan amendments at any time” on page 72 of the plan.

WHEREAS, Advance Knox was adopted by the Knox County Board of Commissioners on April 22, 2024, and Advance Knox requires a plan amendment sought by a non-government applicant to take place on a quarterly basis.

WHEREAS, the land use for this parcel was amended pursuant to Knoxville-Knox County Planning Commission case number 7-I-24-PA.

WHEREAS, the applicant for Knoxville-Knox County Planning Commission case number 7-I-24-PA was the owner, and not a government entity.

WHEREAS, the staff for the Knoxville-Knox County Planning Commission recommended that case number 7-I-24-PA be postponed until August 8, 2024, which would cause the case to be heard during the proper quarterly plan review schedule.

WHEREAS, the Knoxville-Knox County Planning Commission disregarded planning staff’s recommendation and disregarded the quarterly review cycle established by Advance Knox, and proceeded to hear and recommend the application for a plan amendment on July 11, 2024, and then the Knox County Board of Commissioners approved the plan amendment on August 19, 2024.

WHEREAS, the community in Knox County Ninth District opposed the land use plan amendment when it was heard by the Knoxville-Knox County Planning Commission and the Knox County Board of Commissioners in July and August 2024.

WHEREAS, land use recommendations and determinations are part of the zoning process that are ultimately addressed legislatively by the Knox County Board of Commissioners.

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.

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 and page 72 of Advance Knox, an application shall be submitted to the Knoxville-Knox County Planning Commission on behalf of the Knox County Board of Commissioners, to amend the placetypes for Parcel ID 138 104 (Part of), 8744 Chapman Hwy, from CMU (Corridor Mixed-use) and HP (Hillside Protection) / CA (General Business) to TN (Traditional Neighborhood), POS (Parks and Open Space), TCMU (Town Center Mixed-Use), HP (Hillside Protection) / Agricultural (A); plan previously amended under 7-I-24-PA (Approved August 19, 2024) from TN (Traditional Neighborhood), POS (Parks and Open Space), TCMU (Town Center Mixed-Use), HP (Hillside Protection) / Agricultural (A) to CMU (Corridor Mixed-use) and HP (Hillside Protection) / 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.

[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 a land use classification.

[Andy Fox]

Yes, this is also a Thunder Mountain project, which is represented by Taylor Forrester.

[Author]

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