Throughout the project, we’ll post questions and comments that have been submitted on comment cards collected at community meetings, sent via email or submitted via the website.

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Lonsdale Area

What's going on with the Lonsdale neighborhood area? yall moving people out of the area to take over property? Y'all need to pay those with houses.. and not just come in a steal their land and houses...

Staff Reply:

Statement Under Every Residential Neighborhood Districts

What is the definition of this statement: "Limited nonresidential uses that are compatible with the character of the district may also be permitted.". This is under every single residential neighborhood district listed. Is this how the City is going to get around the roll-out of 5G small cell antennas in all the neighborhoods. Is it a coincidence that the City has decided to recode all of Knoxville right at the same time that 5G is being deployed?

THOUSANDS OF MINI CELL TOWERS TO BE BUILT IN FRONT OF HOMES
5G will require the buildout of literally hundreds of thousands of new wireless antennas in neighborhoods, cities and towns. A cellular small cell or other transmitter will be placed every two to ten homes according to estimates. The purpose of this massive infrastructure build out of small cells, distributed antennae systems and microcells is to increase range and capacity in populated urban areas and prepare for the future 5G rollout. 5G frequencies will utilize higher frequencies that do not travel as far as the lower frequencies.
US state and federal governments are moving forth regulations which would make the right of way in front of homes as available sites for 5G transmitters - without consent of the property owners. In response, communities are protesting en mass as they do not want these transmitters built in front of their homes and communities want to be able to regulate the placement on right of ways.  Some municipalities are taking the case to the courts with litigation.
5G WILL USE HIGHER ELECTROMAGNETIC FREQUENCIES
5G will utilize multiple frequencies from those currently in use for cell phones and wireless to higher millimeter frequencies.
Today's cellular and Wi-Fi networks rely on microwaves - a type of electromagnetic radiation utilizing frequencies up to 6 gigahertz (GHz) in order to wirelessly transmit voice or data. However, 5G applications will require unlocking of new spectrum bands in higher frequency ranges above 6 GHz to 100 GHz and beyond, utilizing submillimeter and millimeter waves - to allow ultra-high rates of data to be transmitted in the same amount of time as compared with previous deployments of microwave radiation. Each carrier will use a different set of frequencies.  
This will be worse than living next to a cell phone tower!

Staff Reply:

The limited non-residential uses permitted in residential districts include kindergartens, schools, and places of worship. The standards for wireless telecommunications facilities are found in section 9.3.FF and are those adopted by City Council approximately one year ago.

Statement Under Every Residential Neighborhood Districts

What is the definition of this statement: "Limited nonresidential uses that are compatible with the character of the district may also be permitted.". This is under every single residential neighborhood district listed. Is this how the City is going to get around the roll-out of 5G small cell antennas in all the neighborhoods. Is it a coincidence that the City has decided to recode all of Knoxville right at the same time that 5G is being deployed? 

THOUSANDS OF MINI CELL TOWERS TO BE BUILT IN FRONT OF HOMES
5G will require the buildout of literally hundreds of thousands of new wireless antennas in neighborhoods, cities and towns. A cellular small cell or other transmitter will be placed every two to ten homes according to estimates. The purpose of this massive infrastructure build out of small cells, distributed antennae systems and microcells is to increase range and capacity in populated urban areas and prepare for the future 5G rollout. 5G frequencies will utilize higher frequencies that do not travel as far as the lower frequencies.
US state and federal governments are moving forth regulations which would make the right of way in front of homes as available sites for 5G transmitters – without consent of the property owners. In response, communities are protesting en mass as they do not want these transmitters built in front of their homes and communities want to be able to regulate the placement on right of ways. Some municipalities are taking the case to the courts with litigation.
5G WILL USE HIGHER ELECTROMAGNETIC FREQUENCIES
5G will utilize multiple frequencies from those currently in use for cell phones and wireless to higher millimeter frequencies.
Today’s cellular and Wi-Fi networks rely on microwaves – a type of electromagnetic radiation utilizing frequencies up to 6 gigahertz (GHz) in order to wirelessly transmit voice or data. However, 5G applications will require unlocking of new spectrum bands in higher frequency ranges above 6 GHz to 100 GHz and beyond, utilizing submillimeter and millimeter waves – to allow ultra-high rates of data to be transmitted in the same amount of time as compared with previous deployments of microwave radiation. Each carrier will use a different set of frequencies.
This will be worse than living next to a cell phone tower!

Staff Reply:

 

The limited non-residential uses permitted in residential districts include kindergartens, schools, and places of worship. The standards for wireless telecommunications facilities are found in section 9.3.FF and are those adopted by City Council approximately one year ago.

Wireless Towers

Well, with all these changes to the zoning and coding, this should make it easier for the City to put up those ugly, radiation-inducing, "cell" towers that they plan to roll out for 5G. Be prepared citizens of Knoxville, they will be everywhere and there will be no escaping them. We - humans, animals, insects, and plant life will be fried. People will be getting sick from the electromagnetic radiation EVERYWHERE. With all these changes, I'm sure somewhere in all the wording, it will be legal for them to put one in your yard. I see a class action lawsuit in the future!

Staff Reply:

Tree Mitigation Bank

We think it's important that Knoxville's zoning code includes a provision for a Tree Mitigation Bank. This Bank would garner additional funds for the COK to use for landscaping on public property. It would also level the playing field by insuring that all developers were responsible for the same costs for equivalent development. We propose the following amendment be added to Article 12. LANDSCAPE

12.10 TREE MITIGATION BANK

The Tree Mitigation Bank is established as an alternative to maintaining or planting required trees and landscaping as specified in the Tree Protection Ordinance and in Article 12 of the zoning ordinance. Costs will accrue to the applicant to the degree it is not possible to maintain, replace or plant required trees and landscaping. The Tree Mitigation Bank provides a method of compliance in circumstances when the on-site maintenance and planting of required trees and landscaping is not possible due to site constraints, or for the mitigation of violations.

Funds paid into the Tree Mitigation Bank will be used for the sole purpose of planting trees and landscaping on public grounds and rights-of-way. The City of Knoxville urban forester will administer the account and determine when and where trees and landscaping are to be planted.

A.  When a strict application of the landscaping requirements or the use of an Alternative Landscape Design would require unreasonable compliance, an applicant may request  permission to contribute to the Tree Mitigation Bank instead. Such situations could include water features, topography, lot configurations, utility maintenance zones, or unusual site conditions.

B.  To use the Tree Mitigation Bank, the applicant must submit a Tree Mitigation Bank request that includes a list of landscaping requirements unable to be met and the specific reasons why they cannot be met. The request must be submitted to and approved by the Administrative Review Committee. The Administrative Review Committee will determine the extent to which requirements cannot be met and contributions to the Tree Mitigation Bank can be substituted.

C.  Final permission to contribute to the Tree Mitigation Bank requires the Zoning Administrator's approval concurrent with the application process for the development.
 
D.  Required contributions are based on current economics and can be determined by referring to.... on the City of Knoxville website.

Prepared by:
Scenic Knoxville
Trees Knoxville
The City of Knoxville Tree Board
The Knoxville Chapter of the American Society of Landscape Architects
Sierra Club, Harvey Broome Group

Also endorsed by:
Town Hall East
Forest Heights Neighborhood Association
Community Forum
The Bearden Village Council
The Riverside 1 Condos
Historic Fourth and Gill Neighborhood Organization
Kingston Pike Sequoyah Hills Neighborhood Association
Alice Bell Spring Hill Neighborhood Association
League of Women Voters of Knoxville and Knox County
RiverHill Gateway Neighborhood Association

Staff Reply:

Recode Knoxville

To whom it may concern: 

I live in the Beau Monde subdivision within the greater confines of the Northshore Town Center (NTC). I have recently learned that it is proposed under the Recode Knoxville plan that the property just south of our subdivision boundary is to be changed, as part of the plan, to C-R-2 from its current designation of TC-1. While the impact of such a change may not seem to be significant, there are substantive changes that would negatively impact the "transition" areas currently enjoyed that buffer the heavy commercial areas that Publix, Target, the credit union building and a medical facility currently under construction from the less intense use of a residential area. Specifically, I have concerns that more intense commercial facilities could be built much closer to residences than under the current zoning designation and that such facilities could be built to a maximum height of 65 feet. Such development would make a mockery of the the transition area and would be deleterious to the current residents and potentially negatively impact property values.
We currently enjoy the environment of NTC's mixed use, new urbanism development and would hope that it continues to develop in a manner sympathetic to it's master plan. We would be very disappointed in our planning and political leaders if the zoning changes up for consideration resulted in new urbanism replicating the mistakes of old urbanism.
Thank you for you consideration of my concerns and for all that you do to make Knoxville such a great place to live. 

Staff Reply:

3817 Kincaid

This is a one BR duplex I own . How will recode affest it

Staff Reply:

The property at 3817 Kincaid is proposed for Office zoning by the draft map. Duplexes are a permitted use in the Office district. You could also convert the residential use to office use if you so choose.

Manufactured Homes

They apparently deleted completely the non-conforming paragraphs about manufactured homes in Article 17, but they left in THIS:

'On Page 9-10, it refers to Nonconforming Manufactured homes being found in Article 16, when it was in Article 17.

"... 3. Nonconforming Manufactured Homes See Article 16 for regulations regarding nonconforming manufactured homes, including single-wide manufactured homes. ..." '

NOW, NON-CONFORMING MANUFACTURED HOMES ARE NOT FOUND IN EITHER ARTICLE! Neither 16 nor 17.

PLEASE DELETE number 3 on page 9-10.

They also left in the "skirting" type required on manufactured homes.... EVEN THOUGH IT DOES NOT APPLY DOWN HERE. (Page 9-10, 2b)

Okaaaaaay! But trust me, mobile home communities are REQUIRING many owners to replace their skirting this year! Good luck fielding all of THOSE requests to be allowed to replace vinyl skirting with just vinyl skirting again instead! Bwahahaha

Staff Reply:

Typo On This Page

There is at typo on the submission page, "Use can this form to submit a comment or question for the project staff or send an email directly to recode@knoxplanning.org."

Staff Reply:

Landscape Bond

The following should be added to Article 12. LANDSCAPE

12.11 LANDSCAPE BOND
In order to ensure correct installation and maintenance of landscaping, a landscape bond will be required.

No certificate of occupancy will be approved before the developer or owner has posted a landscape maintenance bond guaranteeing all landscaping materials and work for a period of two years after approval or acceptance thereof by the City in a sum established by the Knoxville-Knox County Planning Commission. The bond will be in the amount of 110% of the estimated cost of replacing and maintaining the landscaping required by these specifications, unless otherwise specified by the Knoxville-Knox County Planning Commission. 

A. Inspections

1. Installation
The developer or owner will be allowed six (6) months after a certificate of occupancy has been issued to install landscaping material according to the approved plan. This will enable planting to occur during optimal weather conditions and to ensure the availability of the approved materials. At the end of six months, the Zoning Administrator will inspect all required landscaping and certify that it has been properly installed and is in good health. If corrections are to be made the Zoning Administrator will notify the owner or developer. All unhealthy, defective or dead plant material will be replaced within three (3) months, at the end of which the Zoning Administrator will again inspect the landscaping. The bond shall be called if the required landscaping has not been installed or corrected by the end of this period, and the funds shall be applied to complete the landscaping work.

2. Maintenance 
Two years after a certificate of occupancy has been issued the Zoning Administrator will inspect all required landscaping and certify that it has been properly maintained. If no maintenance is required, the City will release the landscape bond. If corrections are to be made, the Zoning Administrator will notify the owner or developer and the bond company of any corrections. All unhealthy, defective or dead plant material shall be replaced within three (3) months. The Zoning Administrator will conduct a final inspection and if no further maintenance is required, the City will release the landscape bond. If deficiencies in the landscaping still exist, the bond shall be called and the funds shall be applied to complete the landscaping work.

Scenic Knoxville
Trees Knoxville
The City of Knoxville Tree Board

Staff Reply:

Nonononono

STOP this stupidity! Leave the single family neighborhoods alone! The students/temporary residents have much of the urban area of Knoxville so leave working families alone in the neighborhoods they have made stable, safe, thriving, productive areas! Don't run the people, that have worked hard to make their communities better, out! We purchased in single-family, leave it the freak alone. Transient and multi-family residents usually do not have the same desire to maintain and improve upon and invest in (emotionally and financially) their neighborhoods. The area I am in is the Belle Morris area. We all know this BS wouldn't fly in a more affluent area such as Sequoya Hills and Farragut! So STOP messing with the more urban areas! These urban areas are now the safest, most stable, and valuable in modern history! How can you change the zoning of people's homes?!!. How is that fair and equitable?? They have purchased and invested in single-family areas and it is very unfair to change the nature of their neighborhoods by fundamentally changing the environment by re-zoning it ! I am from the Atlanta area where unbridled growth has ruined many established (safe, solid, stable) neighborhoods. Smart growth and planning is needed but the changes noted in Re-Code are not that. For goodness sakes, LISTEN TO THE PEOPLE! DO NOT RE-ZONE SINGLE FAMILY URBAN AREAS! Knoxville used to be a GREAT and AWESOME place to live. However, our government seems to think bigger, better, faster is better and we all know it isn't. Monkeying around with zoning by changing single family areas to multi family or multi residential will be the death-nail of this area. HOMEOWNERS are the key. The students don't stay, renters usually move on,. Market-square, downtown will slowly die. The revitalization of the Central Corridor will slow and eventually stop. Past is prologue. 20 years ago this area was the pits. Abandoned homes, high crime, etc. It's stabilized and thriving. Crime and traffic will increase and good quality caring residents will flee. Not being smart about growth and fundamentally changing the Knoxville Downtown urban neighborhoods will drive this place into the ground and drive good quality citizens to the nether regions. Stop it!

Staff Reply:

Thank you for your email. The Belle Morris neighborhood is proposed as RN-2 on the draft updated zoning maps. This is a single family residential designation that permits single-family residential development on lots with a minimum size of 5,000 square feet and also permits duplexes as a special use. Review and approval of duplexes by the Planning Commission would be required at a public hearing and neighbors would be notified of the hearing. The proposed zoning is equivalent to the current R-1A zoning of much of the neighborhood. Planning staff worked with the neighborhood association to preserve the single-family designation and to identify locations for small scale multi-family development on Cecil and Brown Avenues near the industrial area. Also, properties currently designated as multi-family and/or on which multi-family development is currently located were designated multi-family. The multi-family designations represent a small portion of the neighborhood. We appreciate the effort expended by the neighborhood association in working with Planning staff to develop the draft zoning map for the Belle Morris neighborhood.

Recode Knoxville - Did Not Make Change!

Single wide mobile homes are also still allowed down here on some land. Please take that into consideration.

Staff Reply:

Address

Several of the drafts I have looked at point to my property as the property to my left, a much small property. My home is 5212 Holston Dr Knoxville,Tn 37914, which is 8.78 acres, house/barn etc. This needs to be corrected. Thank you.

Staff Reply:

Inequitable Distribution Of Recode Benefits

ReCode has fallen short of its promise. Parkridge / Park City and all of East Knoxville should be talking about the inequitable distribution of benefits under ReCode Map draft 4 (final version before vote).

As one example, I asked repeatedly for "open space" or similar land use designation on Chestnut Ridge / Adams Ave to maintain a forested buffer for Parkridge from Interstate 40 (a best practice in zoning, as "freeway" and "residences" are incompatible land uses and a buffer should separate them). While Parkridge did not get any such open space / forested buffer, multiple parcels along Interstate 140 (Pellissippi Parkway) in West Knoxville did.

As another example, churches in West Knoxville got zoned "Ag" while not a single church in East Knoxville was zoned "Ag." Not even the historic "Underground Railroad" site on Fuller Ave (which I specifically asked be protected with "Open Space" zoning), or Tabernacle Baptist Church on MLK that actually has a community garden. That means if a congregation "goes away" in West Knoxville, neighbors are left with Ag / Open Space. If a church "goes away" in East Knoxville, it's a free-for-all for private developers. 

Why the disparity?

Staff Reply:

Recode And Hillside Protection

Protect Hillside and Ridgetop protection in ALL zones. Don't let developers run roughshod over this,  where they will clear and grade property that will impose risks of flooding, eroding, and the destruction of our topography. The Planning Commission got this one wrong, caving to developers instead of protecting the environment. Please reject the Planning Commission's recommendation on Hillside Protection in Recode.

Staff Reply:

May 14, City Council Meeting For Rezoning Article 1

Please advise if recode Knoxville, Article 1 will be the only article discussed on May 14, 2019?  Will all 18 Rezone Articles be discussed at a later date for review of public opinion?  Please forward the dates and Articles to be discussed for each future meeting for the 2019 Rezone Articles? Thank you for your prompt response!

Staff Reply:

All articles will be discussed at the May 14 meeting.

Landscape Bond Article 12

Please add the following amendment to Article 12. Thank you.

12.11 LANDSCAPE BOND
In order to ensure correct installation and maintenance of landscaping, a landscape bond will be required.
No certificate of occupancy will be approved before the developer or owner has posted a landscape maintenance bond guaranteeing all landscaping materials and work for a period of two years after approval or acceptance thereof by the City in a sum established by the Knoxville-Knox County Planning Commission. The bond will be in the amount of 110% of the estimated cost of replacing and maintaining the landscaping required by these specifications, unless otherwise specified by the Knoxville-Knox County Planning Commission. 
A. Performance
The developer or owner will be allowed six (6) months after a certificate of occupancy has been issued to install landscaping material according to the approved plan. This will enable planting to occur during optimal weather conditions and to ensure the availability of the approved materials. At the end of six months, the Zoning Administrator will inspect all required landscaping and certify that it has been properly installed and is in good health. If corrections are to be made the Zoning Administrator will notify the owner or developer. All unhealthy, defective or dead plant material will be replaced within three (3) months, at the end of which the Zoning Administrator will again inspect the landscaping. The bond shall be called if the required landscaping has not been installed or corrected by the end of this period, and the funds shall be applied to complete the landscaping work. Prior to release of a performance bond, a maintenance bond must be received by the City.
B. Maintenance 
Two years after a certificate of occupancy has been issued the Zoning Administrator will inspect all required landscaping and certify that it has been properly maintained. If no maintenance is required, the City will release the landscape bond. If corrections are to be made, the Zoning Administrator will notify the owner or developer and the bond company of any corrections. All unhealthy, defective or dead plant material shall be replaced within three (3) months. The Zoning Administrator will conduct a final inspection and if no further maintenance is required, the City will release the landscape bond. If deficiencies in the landscaping still exist, the bond shall be called and the funds shall be applied to complete the landscaping work.

Prepared by:
Scenic Knoxville
Trees Knoxville
The City of Knoxville Tree Board
The Knoxville Chapter of the American Society of Landscape Architects
Sierra Club, Harvey Broome Group

Also endorsed by:
Town Hall East
Forest Heights Neighborhood Association
Community Forum
The Bearden Village Council
The Riverside 1 Condos
Historic Fourth and Gill Neighborhood Organization
Kingston Pike Sequoyah Hills Neighborhood Association
Alice Bell Spring Hill Neighborhood Association
League of Women Voters of Knoxville and Knox County
RiverHill Gateway Neighborhood Association

Staff Reply:

Single Wide Manufactured Homes

On page 9-10, it says:

" H.  Dwelling - Manufactured Home 

Multi-sectional manufactured homes may be used as single-family detached dwellings provided the following development criteria are met:..."

What about SINGLE wide manufactured homes? Are they addressed somewhere else?

Staff Reply:

Draft 6

Numerous changes have been made to Draft 5. With so many changes why is it not titled Draft 6 since that is what it is? Changing the format on how you report the last minute changes is too difficult to understand. Stay with the previous style of changes so citizens can review only the changes as they apply to the specific Article.

Staff Reply:

Recode

NO.THIS IS NOT NEEDED. STOP TGIS GRABAGE.

NO. LEAVE THE CITY ALONE.

Staff Reply:

3914 Papermill

Mr. Green,

The proposed zoning for a warehouse located at 3914 Papermill Drive is I-MU. The properties on each side of it have the proposed zoning of I-G and we back up to I-40/75. This stretch of Papermill has multiple properties with proposed zoning of I-G and think 3914 should have the same zoning to conform with adjacent parcels and business that could occupy the building/lot. The highest and best use for this existing industrial property would fall into the zoning of I-G.  Please consider updating this property with an I-G zoning. Thank you

Staff Reply:

Recode Updates

MPC made changes to Recode at their June 13, 2019 meeting before approving it and passing it on to City Council. When can the public expect the current version to be post?

Staff Reply:

Adu's Are Not Evil.

Members Recode Team,

I want to encourage those who have worked so hard on this and I hope that your work is not in vain. Please no not let a small but loud section of the population bring down progress. People who have watched this grueling process know that pushing it down the road or starting from scratch won't help. I just hope that there is flexibility in this code to evolve and adapt to a growing city and that we are not subject to the groanings of a few small minded citizens.

I've noticed all of this fuss over ADU's and I am tired of it. I am appalled at the close-minded thinking that an extra unit will have a catastrophic affect on the community. In fact, it is that very thinking that will hold Knoxville back as we try to grow. 

Does it not seem strange that in a time where we have the means to support safe and clean density, we are scared of a density level that our city was built? Is it also not telling that the most beautiful and well-liked areas of Knoxville are the most dense? 

DENSITY IS GOOD. As a designer who has studied architecture and urban planning in depth and in many cities, it irks me that people who have no bases of study for which to make an educated decision are restricting something that will be good for communities and home owners. 

Please, do not let misguided fear hurt this city's future. 

As for the current draft, I believe it is in the best interest of the city to change the following: 

10.3.B.1 : "When there are practical difficulties involved in carrying out the provisions of the building codes, the building official may grant modifications for individual cases." This was omitted and although I don't see a reason why someone might need to diverge from the building code, there should always be room for special circumstances.. Why omit this?

10.3.B.2 : This entire point should be omitted. 1. An owner of a duplex may have a good reason to add an ADU and this should not be restricted. 2. My goodness, "Must be owner occupied" What good does that do to the community? Are there not countless individuals in this city who survive off income from rentals? Much of this city's revitalization has been a result of enterprising folks who flipped houses not for themselves but for others. Knoxville owes the quality of it's urban neighborhoods to these folks. Who's right is it to base the urban growth of a city off of whether a property is owner occupied? Please don't incapacitate future growth by restricting things like this. 

10.3.B.4 : Lot size restrictions. There are countless historic lots of record in Knoxville that are smaller than 5,000 sf but have a small house on them that would support an ADU plus be true to historic and appropriate for future density. 

10.3.B.8 : Again, we should not be controlling the square footage of a dwelling unit. What if it has a basement or upstairs that are appropriately scaled to the main house? This is a foolish blanket statement that does not take into consideration the high number of smaller (historical) lots in the city. 

If ADU's are an issue of different parts of the city wanting different things, I see no issue with dividing the regulation into districts, if the western population is afraid of density, let them keep their malls, and parking lots and live with the raising obesity, depression, and un-satisfaction that has been proven to come from being disconnected from a tight community. As for the neighborhoods around downtown, please don't restrict their growth. 

Staff Reply:

Recode - Rn-5 Residential Care Facility

Just wanted to be up-front with you that I'm not sure how I feel about the change allowing RN-5 to allow Residential Care facilities, even if it's a special use. Can you elaborate on why this change was made? The unfortunate reality is that much of North Knoxville had larger parcels redeveloped into Multi-Family developments in the 60's-70's (including right across from my house) and my fear is that given the profitability of Residential Care facilities, that this change could create incentive for owners to redevelop these buildings/complexes into Residential Care. 

My original hope was the opposite, that the RN-5 in allowing townhouse-type developments, that these properties would become less suburban and more urban. If we have to keep Residential Care facilities as a permitted special use, could we down-zone many of these apartment buildings to RN-4? My specific concern is 1722 Coker Ave, however that concern extends to all these property types in the middle of predominantly single-family neighborhoods.

Staff Reply:

Small Lots Of Record

Is there no longer a provision for Small Lots of Record in ReCode? If I want to build on a nonconforming lot (i.e. RN-4 with <50' lot width) would I need to seek a variance?

Staff Reply:

Yes. You would need to seek a variance.


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