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Home›Counties›Knox County›Meetings›Hamilton County Commission Work Session — 2023-05-22

WORK SESSION

Hamilton County Commission Work Session — 2023-05-22

21 agenda items, 16 approved, 1 rejected.

May 22, 2023

MEETING SUMMARY

Approved

Rejected

Tabled

Total Items

Attendance roll pending

AGENDA & VOTES

FREE PREVIEW

ITEM 1·BUDGET

Commissioner Frazier moved to amend the agenda to add the

Commissioner Frazier moved to amend the agenda to add the following items: Item #17 - Resolution R-23-5-303 - Consideration of a Resolution of the Commission of Knox County, Tennessee, authorizing the acceptance of a donation from Teledyne Flir Systems, Ltd. for a Flir Camera System valued at $600,000.00 to be used by the Knox County Sheriff’s Office Aviation Unit; Item #25 - Resolution R-23-5-408 - Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Supplement to the Railroad Agreement with the Tennessee Department of Transportation, CSX Transportation, Inc., and the City of Knoxville for improvements to Alcoa Highway and Topside Road; Item #46 - Resolution R-23-5-909 - Consideration of a Resolution of the Commission of Knox County, Tennessee, approving Lease Amendment #1 to a Lease Agreement with Schaad Companies, LLC for a five-year lease renewal of the premises located at 1645 Downtown West Boulevard, Suite 40 for early voting, training classes, storage of election equipment, and general office use by the Knox County Election Commission; Item #47 - Resolution R-23-5-910 - Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a contract with the Tennessee Department of Human Services for the provision of IV-D Child Support Enforcement Magistrate Services for the Knox County Juvenile Court in the amount of $338,346.31 with a local match requirement of $174,299.61 for the period beginning July 1, 2023 and endi…

vote

ITEM 10·ZONING

Consideration of the request of West Beaver Creek GP for

Consideration of the request of West Beaver Creek GP for rezoning from A Agricultural and F Floodway to PC Planned Commercial and F Floodway was before the Board of Commissioners. Property located at 1331 West Beaver Creek Drive, Parcel ID 056 133 (part of). (7 th Commission District) (Planning Commission’s file number: 4-S-23-RZ) Mr. Mike Moyers, Knox County Senior Deputy Law Director, was present and swore in those who were to testify in the matter. Mr. Jeff Welch, Executive Director for Knoxville-Knox County Planning, was present and spoke on the matter. Commissioner Durrett asked if there was any opposition to the request. There was no response. Commissioner Lee moved to approve Resolution RZ-23-5-107 - Resolution of the Commission of Knox County, Tennessee, approving the request of West Beaver Creek GP for rezoning from A Agricultural and F Floodway to PC Planned Commercial and F Floodway as per Planning Commission’s recommendation. Commissioner Oster seconded the motion and upon roll call vote Commissioners Lundy, Durrett, Oster, Ward, Schoonmaker, Hill, Lee, Beeler, Dailey, Jay and Frazier voted aye. The motion carried 11-0-0-0. Property located at 1331 West Beaver Creek Drive, Parcel ID 056 133 (part of). (7 th Commission District) (Planning Commission’s file number: 4-S-23-RZ) * * * * * *

vote

APPROVED

ITEM 11·ZONING

Consideration of the request of Garry Burke for rezoning from A

Consideration of the request of Garry Burke for rezoning from A Agricultural to PR Planned Residential up to 5 dwelling units per acre was before the Board of Commissioners. Property located at 7717 and 0 (2 parcels) Freeway Heights Drive, Parcel ID 028 O C 005, 014 and 013. (7 th Commission District) (Planning Commission’s file number: 4-T-23-RZ) Mr. Mike Moyers, Knox County Senior Deputy Law Director, was present and swore in those who were to testify in the matter. Mr. Jeff Welch, Executive Director for Knoxville-Knox County Planning, was present and spoke on the matter. Mr. Garry Burke, applicant, was present and spoke on behalf of the request. Mr. Jim Sowden, Director for Knox County Engineering and Public Works, was present and spoke on the matter. Commissioner Durrett asked if there was any opposition to the request. There was no response. Commissioner Lee moved to approve the request of Garry Burke for rezoning from A Agricultural to PR Planned Residential at 1 dwelling unit per acre. Commissioner Frazier seconded the motion. Commissioner Beeler moved as a substitute motion to approve Resolution RZ-23-5-108 - Resolution of the Commission of Knox County, Tennessee, approving the request of Garry Burke for rezoning from A Agricultural to PR Planned Residential up to 2 dwelling units per acre as per Planning Commission’s recommendation. Commissioner Ward seconded the motion and upon roll call vote Commissioners Lundy, Durrett, Oster, Ward, Schoonmaker, Hill, Beeler, Dail…

vote

APPROVED

ITEM 13·GENERAL

Consideration of the request of Henson Development for a West

Consideration of the request of Henson Development for a West City Sector Plan Amendment from LDR Low Density Residential to MDR Medium Density Residential was before the Board of Commissioners. Property located at 7919, 7923, 7927, 7931 and 7933 Westland Drive, Parcel ID 133 G C 006, 007, 009, 010 and 011. (4 th Commission District) (Planning Commission’s file number: 4-L-23-SP) Mr. Mike Moyers, Knox County Senior Deputy Law Director, was present and swore in those who were to testify in the matter. Mr. Jeff Welch, Executive Director for Knoxville-Knox County Planning, was present and spoke on the matter. Mr. Benjamin Mullins, Attorney representing Henson Development, was present and spoke on behalf of the request. Mr. Keith Britt, area resident, was present and spoke in opposition to the request. Commissioner Ward moved to approve Resolution RZ-23-5-109 – Resolution of the Commission of Knox County, Tennessee, approving the request of Henson Development for a West City Sector Plan Amendment from LDR Low Density Residential to MDR Medium Density Residential as per Planning Commission’s recommendation. Commissioner Oster seconded the motion and upon roll call vote Commissioners Lundy, Durrett, Oster, Ward, Schoonmaker, Hill, Lee, Beeler, Dailey, Jay and Frazier voted aye. The motion carried 11-0-0-0.Property located at 7919, 7923, 7927, 7931 and 7933 Westland Drive, Parcel ID 133 G C 006, 007, 009, 010 and 011. (4 th Commission District) (Planning Commission’s file number: 4-…

vote

APPROVED

ITEM 14·ZONING

Consideration of the request of Arthur Isakov for rezoning from

Consideration of the request of Arthur Isakov for rezoning from RA Low Density Residential to A Agricultural was before the Board of Commissioners. Property located at 2749 Mary Emily Lane, Parcel ID 060 02704. (8 th Commission District) (Planning Commission’s file number: 4-V-23-RZ) Mr. Mike Moyers, Knox County Senior Deputy Law Director, was present and swore in those who were to testify in the matter. Mr. Jeff Welch, Executive Director for Knoxville-Knox County Planning, was present and spoke on the matter. Mr. Arthur Isakov, applicant, was present and spoke on behalf of the request. Commissioner Durrett asked if there was any opposition to the request. There was no response. Commissioner Beeler moved to approve Resolution RZ-23-5-111 – Resolution of the Commission of Knox County, Tennessee, approving the request of Arthur Isakov for rezoning from RA Low Density Residential to A Agricultural as per Planning Commission’s recommendation. Commissioner Frazier seconded the motion and upon roll call vote Commissioners Lundy, Durrett, Oster, Ward, Schoonmaker, Hill, Lee, Beeler, Dailey, Jay and Frazier voted aye. The motion carried 11-0-0-0. Property located at 2749 Mary Emily Lane, Parcel ID 060 02704. (8 th Commission District) (Planning Commission’s file number: 4-V-23-RZ) * * * * * *

vote

APPROVED

ITEM 15·ZONING

Consideration of the request of Taylor D

Consideration of the request of Taylor D. Forrester for rezoning from A Agricultural to CA General Business was before the Board of Commissioners. Property located at 9510 Thorn Grove Pike, Parcel ID 074 104. (8 th Commission District) (Planning Commission’s file number: 1-V-23-RZ) Mr. Mike Moyers, Knox County Senior Deputy Law Director, was present and swore in those who were to testify in the matter. Mr. Jeff Welch, Executive Director for Knoxville-Knox County Planning, was present and spoke on the matter. Mr. Taylor Forrester, applicant, was present and spoke on behalf of the request. Mr. Luke Roberts, area resident, was present and spoke in opposition to the request. Mr. Jim Sowden, Director for Knox County Engineering and Public Works, was present and spoke on the matter. Commissioner Beeler moved to deny the request of Taylor D. Forrester for rezoning from A Agricultural to CA General Business. Commissioner Schoonmaker seconded the motion and upon roll call vote Commissioners Lundy, Durrett, Oster, Ward, Schoonmaker, Hill, Lee, Beeler, Dailey, Jay and Frazier voted aye. The motion carried 11-0-0-0 and the request was denied. Property located at 9510 Thorn Grove Pike, Parcel ID 074 104. (8 th Commission District) (Planning Commission’s file number: 1-V-23-RZ) * * * * * *

vote

APPROVED

ITEM 16·ZONING

Consideration of the request of request of John Bolton for

Consideration of the request of request of John Bolton for rezoning from A Agricultural to PR Planned Residential up to 2 dwelling units per acre was before the Board of Commissioners. Property located at 0, 6702 and 6706 Ridgeview Road, Parcel ID 030 15201, 15307 and 15308. (8 th Commission District) (Planning Commission’s file number: 12-A-22-RZ) This item was withdrawn from the agenda. (See Amendments to the Agenda, Page ______) * * * * * *

WITHDRAWN

ITEM 17·ZONING

Consideration of the request of Benjamin C

Consideration of the request of Benjamin C. Mullins for rezoning from CB Business and Manufacturing to T Transition was before the Board of Commissioners. Property located at 1461, 1481, and 1501 Maryville Pike, Parcel ID 122 L A 001, 003, and 002. (9 th Commission District) (Planning Commission’s file number: 12-E-22-RZ) This item was withdrawn from the agenda at the applicant’s request. (See Amendments to the Agenda, Page ______) * * * * * * IN RE: ZONING APPEALS: No Zoning Appeals received. * * * * * * IN RE: AMENDMENTS TO THE KNOX COUNTY ZONING ORDINANCES: IN RE: CONSIDERATION OF AN ORDINANCE OF THE COMMISSION OF KNOX COUNTY, TENNESSEE, AMENDING THE KNOX COUNTY CODE, APPENDIX A - ZONING, ARTICLE 5, SECTION 5.31 PERTAINING TO THE CA (GENERAL BUSINESS) ZONE AND SECTION 5.32 PERTAINING TO THE CB (BUSINESS AND MANUFACTURING) ZONE TO ALLOW FOR CONSIDERATION OF CERTAIN PERMITTED USES AND USES PERMITTED ON REVIEW; ARTICLE 4 BY ADDING A NEW SUBSECTION 4.108 CREATING STANDARDS FOR DRIVE-THROUGH FACILITIES; AND ARTICLE 5, SECTIONS 5.37.03.C, 5.38.03.E, AND 5.91.03, PERTAINING TO DRIVE-THROUGH FACILITIES CURRENTLY PERMITTED AS A USE ON REVIEW IN THE CR (RURAL COMMERCIAL), CN (NEIGHBORHOOD COMMERCIAL), AND TC (TOWN CENTER) ZONES, RESPECTIVELY, BY ADDING A REFERENCE TO PROPOSED SUBSECTION 4.108 PERTAINING TO STANDARDS FOR DRIVE- THROUGH FACILITIES (AMENDING ORDINANCE O-90-9-130, ADOPTED SEPTEMBER 10, 1990) - O-23-2-103 – (SECOND READING): Consideration of an Ordinance of the Commissio…

vote

APPROVED

ITEM 2·ZONING

Commissioner Frazier moved to amend the agenda to defer the

Commissioner Frazier moved to amend the agenda to defer the following items to the June 2023 meeting: Item #55 - Resolution R-23-5-111 Consideration of a Resolution of the Commission of Knox County, Tennessee, accepting the resignation of Janis Terpenny from the Tennessee Technology Corridor Development Authority (TTCDA) Board of Commissioners and approving the appointment of an individual to complete the unfulfilled term of Janis Terpenny on the TTCDA, which term expires April 30, 2025 (members are nominated by the Governor upon recommendations received from the County Mayor and approved by the Commission); Item #56 - Resolution R-23-5-112 - Consideration of a Resolution of the Commission of Knox County, Tennessee, approving the appointments of an individual for a term expiring April 30, 2027 and an individual for a term expiring April 30, 2028 on the Tennessee Technology Corridor Development Authority (TTCDA) Board of Commissioners (members are nominated by the Governor upon recommendations received from the County Mayor and approved by the Commission); Item #65 - Request of CPR, LLC for a North County Sector Plan Amendment from LDR Low Density Residential to MDR Medium Density Residential, Property located at 3534 Cunningham Road, Parcel ID 038 N A 021, (7 th Commission District) (Planning Commission’s file number: 4-H-23-SP) (deferred at the applicant’s request); and Item #66 - Request of CPR, LLC for rezoning from A Agricultural to PR Planned Residential up to 8 dwelling…

vote

APPROVED

ITEM 3·ZONING

Commissioner Frazier moved to amend the agenda to withdraw the

Commissioner Frazier moved to amend the agenda to withdraw the following items: Item #48 – Resolution R-23-5-101 - Consideration of a Resolution of the Commission of Knox County, Tennessee, recognizing May as Brain Tumor Awareness Month; Item #57 - Ordinance O-23-5-101 - Consideration of an Ordinance of the Commission of Knox County, Tennessee, amending the Knox County Code, Chapter 6, “Animals”, Article II, Division 1, Section 6-31, “Definitions”, and Section 6-44, “Animal Care and Manner of Keeping”, to update the minimum requirements for the care and keeping of animals (amending Ordinance O-96-5-101, adopted June 24, 1996; Ordinance O-07-12-102, adopted January 28, 2008; Ordinance O-15-4-101, adopted May 26, 2015; and Ordinance O-19-3-102, adopted April 22, 2019) (First Reading); Item #75 - Request of John Bolton for rezoning from A Agricultural to PR Planned Residential up to 2 dwelling units per acre, Property located at 0, 6702 and 6706 Ridgeview Road, Parcel ID 030 15201, 15307 and 15308, (8 th Commission District) (Planning Commission’s file number: 12-A-22-RZ); and Item #76 - Request of Benjamin C. Mullins for rezoning from CB Business and Manufacturing to T Transition, Property located at 1461, 1481, and 1501 Maryville Pike, Parcel ID 122 L A 001, 003, and 002, (9 th Commission District) (Planning Commission’s file number: 12-E-22-RZ) (withdrawn at the applicant’s request). Commissioner Hill seconded the motion and upon roll call vote Commissioners Lundy, Durrett, O…

vote

APPROVED

ITEM 4·ZONING

Consideration of the request of Wilbanks, LLC for rezoning from

Consideration of the request of Wilbanks, LLC for rezoning from CA General Business to LI Light Industrial was before the Board of Commissioners. Property located at 1316 East Raccoon Valley Drive, Parcel ID 026 09701. (7 th Commission District) (Planning Commission’s file number: 4-G-23-RZ) Mr. Mike Moyers, Knox County Senior Deputy Law Director, was present and swore in those who were to testify in the matter. Mr. Jeff Welch, Executive Director for Knoxville-Knox County Planning, was present and spoke on the matter. Mr. Dwight Gwinn, representing Wilbanks, LLC, was present and spoke on behalf of the request. Commissioner Durrett asked if there was any opposition to the request. There was no response. Commissioner Lee moved to approve Resolution RZ-23-5-103 – Resolution of the Commission of Knox County, Tennessee, approving the request of Wilbanks, LLC for rezoning from CA General Business to LI Light Industrial as per Planning Commission’s recommendation subject to one (1) condition. Commissioner Frazier seconded the motion and upon roll call vote Commissioners Lundy, Durrett, Oster, Ward, Schoonmaker, Hill, Lee, Beeler, Dailey, Jay and Frazier voted aye. The motion carried 11-0-0-0. The motion carried 11-0-0-0. Property located at 1316 East Raccoon Valley Drive, Parcel ID 026 09701. (7 th Commission District) (Planning Commission’s file number: 4-G-23-RZ) * * * * * *

vote

APPROVED

ITEM 5·ZONING

Consideration of the request of Serghey Botezat for rezoning from

Consideration of the request of Serghey Botezat for rezoning from A Agricultural to PR Planned Residential up to 10 dwelling units per acre was before the Board of Commissioners. Property located at 0 Ball Camp Pike, Parcel ID 092 00405. (6 th Commission District) (Planning Commission’s file number: 4-L-23-RZ) Mr. Mike Moyers, Knox County Senior Deputy Law Director, was present and swore in those who were to testify in the matter. Mr. Jeff Welch, Executive Director for Knoxville-Knox County Planning, was present and spoke on the matter. Mr. Benjamin Mullins, Attorney representing Serghey Botezat, was present and spoke on behalf of the request. Mr. Chad Frost, representing Seth Downing, area resident, was present and spoke in opposition to the request. Commissioner Hill moved to approve the request of Serghey Botezat for rezoning from A Agricultural to PR Planned Residential up to 4 dwelling units per acre. Commissioner Lee seconded the motion. Commissioner Jay moved as a substitute motion to approve Resolution RZ-23-5-104 - Resolution of the Commission of Knox County, Tennessee, approving the request of Serghey Botezat for rezoning from A Agricultural to PR Planned Residential up to 8.2 dwelling units per acre. Commissioner Ward seconded the motion and upon roll call vote Commissioners Ward, Schoonmaker, Beeler, Dailey, Jay, Lundy, Durrett and Oster voted aye. Commissioners Hill, Lee and Frazier voted no. The substitute motion carried 8-3-0-0. Property located at 0 Ball Camp …

vote

APPROVED

ITEM 6·INFRASTRUCTURE

Consideration of the request of CPR, LLC for a North County

Consideration of the request of CPR, LLC for a North County Sector Plan Amendment from LDR Low Density Residential to MDR Medium Density Residential was before the Board of Commissioners. Property located at 3534 Cunningham Road, Parcel ID 038 N A 021. (7 th Commission District) (Planning Commission’s file number: 4-H-23-SP) (This item was deferred to the June 2023 meeting at the request of the applicant. See Amendments to the Agenda, Page ______) * * * * * *

DEFERRED

ITEM 7·ZONING

Consideration of the request of CPR, LLC for rezoning from A

Consideration of the request of CPR, LLC for rezoning from A Agricultural to PR Planned Residential up to 8 dwelling units per acre was before the Board of Commissioners. Property located at 3534 Cunningham Road, Parcel ID 038 N A 021. (7 th Commission District) (Planning Commission’s file number: 4-O-23-RZ) (This item was deferred to the June 2023 meeting at the request of the applicant. See Amendments to the Agenda, Page ______) * * * * * *

DEFERRED

ITEM 8·ZONING

Consideration of the request of Shawn Smith for rezoning from CA

Consideration of the request of Shawn Smith for rezoning from CA General Business and A Agricultural to RA Low Density Residential was before the Board of Commissioners. Property located at 8303 Heiskell Road, Parcel ID 046 20701 (part of). (7 th Commission District) ( Planning Commission’s file number: 4-R-23-RZ) Mr. Mike Moyers, Knox County Senior Deputy Law Director, was present and swore in those who were to testify in the matter. Mr. Jeff Welch, Executive Director for Knoxville-Knox County Planning, was present and spoke on the matter. Mr. Shawn Smith, applicant, was present and spoke on behalf of the request. Commissioner Durrett asked if there was any opposition to the request. There was no response. Commissioner Lee moved to approve Resolution RZ-23-5-105 - Resolution of the Commission of Knox County, Tennessee, approving the request of Shawn Smith for rezoning from CA General Business and A Agricultural to RA Low Density Residential as per Planning Commission’s recommendation. Commissioner Frazier seconded the motion and upon roll call vote Commissioners Lundy, Durrett, Oster, Ward, Schoonmaker, Hill, Lee, Beeler, Dailey, Jay and Frazier voted aye. The motion carried 11-0-0-0. Property located at 8303 Heiskell Road, Parcel ID 046 20701 (part of). (7 th Commission District) ( Planning Commission’s file number: 4-R-23-RZ) * * * * * *

vote

APPROVED

ITEM 9·GENERAL

Consideration of the request of West Beaver Creek GP for a North

Consideration of the request of West Beaver Creek GP for a North County Sector Plan Amendment from LDR Low Density Residential and SP Stream Protection to CC Community Commercial and SP Stream Protection was before the Board of Commissioners. Property located at 1331 West Beaver Creek Drive, Parcel ID 056 133 (part of). (7 th Commission District) (Planning Commission’s file number: 4-K-23-SP) Mr. Mike Moyers, Knox County Senior Deputy Law Director, was present and swore in those who were to testify in the matter. Mr. Jeff Welch, Executive Director for Knoxville-Knox County Planning, was present and spoke on the matter. Mr. Brett Ball, representing West Beaver Creek GP, was present and spoke on behalf of the request. Commissioner Durrett asked if there was any opposition to the request. There was no response. Commissioner Lee moved to approve Resolution RZ-23-5-106 - Resolution of the Commission of Knox County, Tennessee, approving the request of West Beaver Creek GP for a North County Sector Plan Amendment from LDR Low Density Residential and SP Stream Protection to CC Community Commercial and SP Stream Protection as per Planning Commission’s recommendation. Commissioner Frazier seconded the motion and upon roll call vote Commissioners Lundy, Durrett, Oster, Ward, Schoonmaker, Hill, Lee, Beeler, Dailey, Jay and Frazier voted aye. The motion carried 11-0-0-0. Property located at 1331 West Beaver Creek Drive, Parcel ID 056 133 (part of). (7 th Commission District) (Planning Com…

vote

APPROVED

Hamilton County Commission Work Session — 2023-05-22

AGENDA & VOTES

Commissioner Frazier moved to amend the agenda to add the

Consideration of the request of West Beaver Creek GP for

Consideration of the request of Garry Burke for rezoning from A

Consideration of the request of Henson Development for a West

Consideration of the request of Arthur Isakov for rezoning from

Consideration of the request of Taylor D

Consideration of the request of request of John Bolton for

Consideration of the request of Benjamin C

Commissioner Frazier moved to amend the agenda to defer the

Commissioner Frazier moved to amend the agenda to withdraw the

Consideration of the request of Wilbanks, LLC for rezoning from

Consideration of the request of Serghey Botezat for rezoning from

Consideration of the request of CPR, LLC for a North County

Consideration of the request of CPR, LLC for rezoning from A

Consideration of the request of Shawn Smith for rezoning from CA

Consideration of the request of West Beaver Creek GP for a North

DOCUMENTS

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