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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Downtown Island Airport

Yesterday I became aware that City of Knoxville is doing a project called "Knoxville Recode." If I understand, this is a project to update the zoning ordinances for the city. If this is true, I would like to talk with you or whomever would be the proper person to ensure Downtown Island Airport has an "Air Overlay Zone" identified in the update. Has Downtown Island Airport already been considered in the project? If not, the Federal Aviation Administration requires airports to have proper planning and zoning around their facility. This project seems to be the right time to add an Air Overlay Zone in the ordinance.
Staff Reply:

Medical Dental Office

Why did medical/dental office get changed from P to S in C-N?
Staff Reply:
P is for "Permitted use" and S is for "Special use", which is essentially equivalent to the current use on review process. Medical office was changed from permitted to special use in neighborhood commercial because it is currently not allowed at all in the C-1 zone. Some medical offices can be big operations that may not be appropriate for all neighborhood oriented locations.

Apartments And Infrastructure

When new apartment complexes, subdivisions, or other large projects are considered, PLEASE take into account the existing infrastructure. I live off of Bluerass Road in west Knoxville. In the past couple of years, we have had a large subdivision put in on Mourfield Rd, which caused damage to that road (small, 2 lane, no shoulder, windy, and steep), and caused us to go from only having power outages in weather situations to having weekly and occasionally daily power outages while they were building that subdivision. Now there is an apartment complex going in on Emory Church Road that is causing even more issues. We have frequent power outages during construction. Emory Church Road is not a large enough road to accommodate the traffic. The road has almost been destroyed by the construction equipment, and they are in the process of adding a traffic light because of the increase in traffic. That traffic light project has been TERRIBLE. My child attends preschool at West Emory Presbyterian Church, at the corner of Emory Church Road and Westland Dr. The project took over 2 months, rules were not followed, the parking lot was destroyed and partially blocked for nearly a month, and the workers were just plain rude. The light still isn't up, but the turn lane on Westland has been re-painted to accommodate when the light is in effect, making it very difficult to turn left onto Westland. All this to say....the infrastructure should have been addressed BEFORE any of these projects were approved and started. The LCUB substation on Westland Dr. needs to be larger to accommodate the new buildings so that existing customers didn't have to experience 2 years of frequent power outages. The roads should have been widened and supported before construction equipment destroyed them. The light should have been installed before construction on the building projects began.
Staff Reply:

Recode - Food Truck Parks

We recently had a chance to review the second draft of the ordinance, specifically the portion regulating "Food Truck Parks" - Article 9.3 (L). As written, there are several provisions in direct conflict with our existing operations and the new requirements are considerably different from MPC's previous draft of an ordinance for a "Mobile Food Unit Park", which guided the development and approval of our project last year.We are concerned not only for our existing business, but also the ability for future "non-conforming" businesses to have a path to compliance. We have attended several of the public meetings about ReCode, so we're up to speed on the process.
Staff Reply:

Recode Knoxville

We need more not less affordable housing in Knoxville. According to the City and County's most recent Community Block Development Grant reports, more than 21,000 low to moderate income families in Knox County are paying more than 50% of their income for housing costs. These families live under constant stress of eviction. This high number indicates a crisis in affordable housing in our community. From other information I have gathered, based on growth projections for the city, we need to be building between 3 and 5 affordable housing units per day in our community by 2040. The proposed map put forth by the City Council and the MPC as a result of the ReCode process appears to reduce the potential to build affordable housing in Knoxville. I urge the City Council and the MPC to redesign the map. I appreciate the thoughtfulness in including higher density housing along the corridors, but the drastic reduction in the orange and tan areas of the current map is concerning. I urge the City Council and the MPC to think more carefully about how to encourage affordable housing in existing neighborhoods. I urge the City Council and the MPC to returning some of the orange areas to the zoning map and to include areas on the map which allow for RN3 and RN4 zoning, two new categories created during the ReCode process but not used in the proposed map.
Staff Reply:

Put The Orange Back! Add The Tan!

We need MORE affordable housing in Knoxville, particularly RN3 and RN4! We have over 20,000 of our families paying more than 50% of their income for housing costs. I'm hopeful that as our community leaders, you recognize we clearly have a crisis in affordable housing in our community. Instead of being a responsive, conscience-centric approach, the new proposed map from the ReCode process appears to actually reduce the potential to build affordable housing in Knoxville!! Please, please redesign the map! Let's Recode in a manner that honors our community and seeks to serve all of our citizens. RN3 and RN4 would encourage more affordable housing in already-existing neighborhoods, which would be a GOOD approach. Thank you for including the Orange along the more accessible corridors, however we still need more of the higher-density zoning, too. Knoxville is a wonderful place to live, let's make that true for all of our families.
Staff Reply:

Affordable Housing

We need more affordable housing in Knoxville not less. Someone who thinks that we need less is truly out of touch.
Staff Reply:

Comments On Public Draft Version 2.0

We have evaluated the current draft and respectfully submit the following comments regarding office development in the City of Knoxville:The document would be easier to navigate if all the office districts were collocated; preferably in the commercial district.Clinics and medical office buildings should be a permitted land use within the OP district.Thanks for the opportunity to comment,
Staff Reply:

Recode - Food Truck Parks

We are the Owners of Central Filling Station - the existing food truck park on N Central. We recently had a chance to review the second draft of the ordinance, specifically the portion regulating "Food Truck Parks" - Article 9.3 (L). As written, there are several provisions in direct conflict with our existing operations and the new requirements are considerably different from MPC's previous draft of an ordinance for a "Mobile Food Unit Park", which guided the development and approval of our project last year.We are concerned not only for our existing business, but also the ability for future "non-conforming" businesses to have a path to compliance. We have attended several of the public meetings about ReCode, so we're up to speed on the process.Is someone from MPC able to meet with us to discuss our concerns?
Staff Reply:

Recode - Food Truck Parks

To follow up on our meeting two weeks ago, we have attached a revised draft of the ReCODE language concerning Mobile Food Unit Parks. Most of the revisions came from combining the previous MPC draft ordinance and the ReCODE public draft v2.0. We also removed any redundancies and brought the terminology in line with the City's existing MFU Ordinance.The only substantial changes we have suggested are:1.) Removing the min/max lot size requirement from the MPC draft ordinance. The maximum number of MFUs per parcel should sufficiently regulate the density of MFUs and the types of lots that would be viable.2.) Removing the requirement for MFUs to leave the park at the end of each day from the ReCODE draft. The existing MFU ordinance already requires MFUs parked on private property to leave each day, and does not require MFUs to visit a commissary. The only instance where an MFU could legally remain on the private property where it operates would be at a permitted MFU Park, which will have been reviewed, inspected, and permitted by the office of Plans Review and Inspections. There will be a designated operator on site during all hours of operation to address any concerns or complaints. The health, safety, and welfare concerns of each MFU's food service operation are already regulated by the Health Department. We feel very strongly that the ability to offer longer term leases to individual MFUs within a permitted MFU Park is critical to their financial viability. 3.) Adding a requirement for all MFU Parks to provide shore power for all MFUs. We feel like this has been incredibly successful in eliminating any neighborhood concerns about these types of projects becoming a nuisance. Eliminating mobile generators keeps this use much more in line with the other uses permitted in commercial zoning districts and the development cost of providing the power should not be prohibitive. Please review and let us know if you have any questions or comments. Thanks again for taking the time to hear us out.
Staff Reply:

Recode - Food Truck Parks

To follow up on our meeting two weeks ago, we have attached a revised draft of the ReCODE language concerning Mobile Food Unit Parks. Most of the revisions came from combining the previous MPC draft ordinance and the ReCODE public draft v2.0. We also removed any redundancies and brought the terminology in line with the City's existing MFU Ordinance.The only substantial changes we have suggested are:1.) Removing the min/max lot size requirement from the MPC draft ordinance. The maximum number of MFUs per parcel should sufficiently regulate the density of MFUs and the types of lots that would be viable.2.) Removing the requirement for MFUs to leave the park at the end of each day from the ReCODE draft. The existing MFU ordinance already requires MFUs parked on private property to leave each day, and does not require MFUs to visit a commissary. The only instance where an MFU could legally remain on the private property where it operates would be at a permitted MFU Park, which will have been reviewed, inspected, and permitted by the office of Plans Review and Inspections. There will be a designated operator on site during all hours of operation to address any concerns or complaints. The health, safety, and welfare concerns of each MFU's food service operation are already regulated by the Health Department. We feel very strongly that the ability to offer longer term leases to individual MFUs within a permitted MFU Park is critical to their financial viability. 3.) Adding a requirement for all MFU Parks to provide shore power for all MFUs. We feel like this has been incredibly successful in eliminating any neighborhood concerns about these types of projects becoming a nuisance. Eliminating mobile generators keeps this use much more in line with the other uses permitted in commercial zoning districts and the development cost of providing the power should not be prohibitive. Please review and let us know if you have any questions or comments. Thanks again for taking the time to hear us out.
Staff Reply:

Recode

This is way too complicated. The sheer length of the Design Standards alone will drive away development and prolong the ability of staff to make timely decisions.I find it hard to believe that we're going to have Design Standards for single-family housing and fences now. The 34 pages of Design Standards has already run off a potential developer for a small M-F project in an O-1 zone. This is not realistic and the design standards being used work in high-density, heavily populated urban environments, where the additional cost can be justified by higher prices and rents, but not in this market. Nice job Knoxville...nothing brings a booming economic expansion to a grinding halt like new regulations...and right now, it is just painting a picture of uncertainty. No one can move forward with purchases for new developments, because they're unsure of what they may get hit with, when it comes time to develop the property.
Staff Reply:

Tazewell Pike-beverly Station Neighbohood Draft 2 Comments

These comments are submitted regarding the second draft of Recode Knoxville. Please refer to the attached letter.We agree totally with the comments and recommendations of the Community Forum and are providing an additional copy of those as well.Sincerely,Jamie Rowe
Staff Reply:

Attached Garage Setback In A Rn1 Zone

The section 3. b. below requires front-loaded garages to be setback from the front facade no less than four feet in a RN1 zone. I know of many houses that have garages in front of the front facade. I don't see the need for this requirement. Would the hundreds of houses that don't meet this requirement be grandfathered in the adoption language of the ordinance when adopted?3. Garagesa. Front-loaded attached garages are limited to 40% of the width of the front building line. Garage width is measure between garage doors; in the case of garages designed with multiple garage doors the distance is measure between the edges of the outmost doors.b. Attached garages with front facing garage door openings must be set back from the front façade of the structure no less than four feet.
Staff Reply:

Park City Preservation Alliance

The Park City Preservation Alliance (PCPA) is a not-for-profit organization dedicated to the preservation of the places, stories, history, and culture of the people of, in, and near Historic Park City, Tennessee.The PCPA Board of Directors have agreed on the following recommendations for ReCode:1. OS-1 should be retained as an option to conserve historic, archaeological, and cultural values of open space, rather than merged into the new OS that does not reflect these important land uses.2. The Historic Zoning Commission should be granted authority to allow variances for rehabilitation and habitation of documented historic accessory structures that may be non-conforming under new zoning ordinances.3. The Historic Zoning Commission should be granted authority to allow variances to permit re-building of the foundations of lost, documented historic accessory structures to allow future, code compliant construction of habitable accessory dwelling units.Sincerely,Park City Preservation Alliance Board of DirectorsPresident, Greta SchmoyerVice President, James WaldrupTreasurer, Ed StricklandSecretary, Tanner Jessel
Staff Reply:

Comments On Recode 2 From City Of Knoxville Tree Board

The Knoxville Tree Board has had an opportunity to review the second draft of Recode Knoxville and we appreciate your incorporating some of our past comments in the redraft. Below are the comments that the Tree Board is providing on the second draft. The Tree Board looks forward to working with you on incorporating these comments as Recode moves forward. We have also had an opportunity to review the technical comments provided by Knoxville's Urban Forester and fully support these comments.City of Knoxville Tree Board Comments for Recode Knoxville Draft 2 1. Article 12 still needs to have an individual within the green industry (Landscape architect, Certified arborist, horticulture specialist, etc.) review plans and insure compliance. This is a position that many communities such as Nashville and Chattanooga has in place. The purpose of having this position is not to ensure aesthetics of the landscaping but to minimize costs of having to replace improper landscaping, ensure the economic and community benefits of landscaping are achieved through the design, and prevent unnecessary costs to utilities and the City from improper designs. This position allows engineering and building inspectors to review items of their expertise and allow the landscaping being review by the right professional as well. 2. 12.2.D Alternative compliance measure should include measure to allow mitigation or compliance off site if determined significant hardships exist to get compliance. This is likely something that all parties would agree to and is not considered any additional regulation or reduction in regulation. Many communities allow developers to pay into a bank to have trees or landscaping installed in alternative locations to meet the public and environmental benefits of landscaping.3. Section 12.9 should have similar language as the Tree Protection ordinance in defining the Tree Preservation Zone. 4. 12.9 Focus of preservation should be about groups of trees and not individuals. See purpose of this entire zoning code. Article 1.2.G "Preserve open space and natural areas, reduce traffic congestion, utilize existing infrastructure and resources, and preserve quality of life". 5. 12.9.B should allow for 100% of the screening to be form existing trees if conserved. This would allow for groupings of trees to be preserved on sites, while still meeting the objectives. Need to stop thinking only about aesthetics. 6. 12.9 How do you ensure survivability if bonds are being removed from the Article. If landscape is not bonded, can bonding requirement be shifted over from other parts of a development to ensure compliance?7. Is there any reference to the Tree Protection Ordinance? This should occur as there are also requirements within a development that occur in the TPO that all need addressed and overlap this zoning code.
Staff Reply:

Streetscape Section In The Sw District

The entire streetscapes section has been deleted, with a note that it "should" be moved to the subdivision ROW standards. What if any plans have been made to do this? I acknowledge that this section has problems, but a better solution would be to leave it in Recode and then come back and rework it as needed rather than to just delete it with a vague promise that it will go elsewhere.
Staff Reply:
The streetscape standards section of the SW District has been deleted from the zoning. It addressed things like ROW width, movement type, design speed, pedestrian crossing time, curb radius, etc. These are things that ultimately don't belong in the zoning code, and should be incorporated into the subdivision ordinance. More specifically, the recommendation is that they should be moved to the streets and right-of-way standards in the subdivision, where these types of elements are already being addressed (Section 3.04 of the City/County Subdivision Ordinance, for reference).The subdivision ordinance would need to be amended to include these standards.

Current Zoning Proposal Violates Of Fcc Ruling Prb-1

The current Knoxville zoning proposal in section 10.3 C.1 and C.2 regarding the regulation by municipal authorities of Amateur Radio antenna height and support structure height is in contravention of the Memorandum Opinion and Order in FCC PRB-1, issued 9/16/85. The legal cite is 101 FCC 2d 952 (1985) and it can be found on the FCC Web page:PRB - 1 (1985) (https://www.fcc.gov/wireless/bureau-divisions/mobility-division/amateur-radio-service/prb-1-1985)To summarize: FCC regulations have the force and effect of federal statutes and are binding on the states as well as agencies of local government, including local zoning authorities. These regulations contain three general requirements: 1) local zoning authorities may not prohibit Amateur Radio communications and 2) local zoning authorities must provide reasonable accommodation for Amateur Radio antenna requests; and 3) local land use regulations affecting Amateur Radio antenna facilities must constitute the minimum practicable regulation to accomplish a legitimate municipal purpose.Limiting an antenna support structure height based on the height of a building where the tower is located is in contravention to PRB-1, as proposed in the Knoxville zoning document.Limiting an Amateur Radio antenna to a specific height above the roof of a building it is installed on is in contravention of PRB-1, as proposed in the Knoxville zoning document.The drafters of the proposed ordinance need to have some one from the city law office read and understand PRB-1. There have been numerous challenges brought in court versus municipalities that have been successfully decided in favor of Amateur Radio operators in the intervening years as a result. An example from 1987, where a municipality was successfully sued by a resident re: PRB-1 violation and not only won the right to erect his antenna system, was awarded $13,800 as plaintiff:Thernes vs. Lakeside Park-Consent Decree, Order and Final Judgement (http://www.qsl.net/k3qk/thernes2.html)Many municipalities have solved this by including language in zoning regulations that says antenna towers or support structures or antenna heights in residential must conform to FCC PRB-1 or have even adopted it as part of zoning regulations. 23 states have adopted PRB-1 laws so far - as have numerous local governments. A Bing or Google search for PRB-1 will bring up relevant information.
Staff Reply:

Broadway Corridor Task Force - General Comments

The Broadway Corridor Task Force respectfully submits our general comments/requests regarding the Zoning Code below. We have compiled a formal document (which may be more legible with diagrams and text formatting) that also include our parcel and/or "area specific" comments which have been submitted/requested within the Draft 1 map over the past few weeks. We will send this complete document via email this evening (September 20th), once complete. Thank you, James Ryan & Kyle Anne Lang, BCTF Co-ChairsCOMMENTS OF SUPPORT:We support:- The allowance of mixed-use (residential over commercial/office) along the Broadway Corridor. - Build-To-Zones along Broadway in order to encourage a more 'urban edge' along the corridor, as well as force parking to be located at the side, or more preferably the rear of buildings.- Current landscape buffering requirements between commercial and residential properties. - Commercial Design Standards (especially in relation to the Broadway Corridor)- CN designation for properties along E Woodland, across from Physician's Regional Medical Center. (904 E Woodland; 1034 E Woodland)- CN designation used as a buffer between high density (and/or DK zoning) and single family residences, as well as appropriate pockets along a commercial corridor.- Reduced parking requirements for pedestrian-oriented zones (however request additional reductions, see below)GENERAL COMMENTS: Parking Requirements related to Transit and/or Transit Oriented DevelopmentIn addition to current parking requirement reductions as associated with C-N and certain C-G zones, we would ask MPC and Recode to consider a parking reduction for developments within a certain distance to a public transportation stop/center (IE the Broadway Shopping Center) to encourage more Transit-Oriented and Mixed-Use Development.? Office Space Inconsistent Setbacks, Change to C-G-2Office zoning along Broadway (and other urban corridors) should have minimum front, side, and rear setbacks that match adjacent Commercial parcels. C-N, and C-G-1, 2 and 3 all allow no minimum front setback or 0' - which would create strange conditions along corridor where one parcel may be Commercial and an adjacent one Office. This would not allow for a consistent 'urban edge' along the street, where one building may have a 0' setback, and then the adjacent building is required to step back 15' just because it is Office zoning. In looking further into the differences between Office and C-G-2 zoning, we see no reason why Office zoning is necessary along Broadway, and even noticed some non-compliance with proposed Office Zoning (for example, Independent Living facilities zoned Office that does not allow this use). Therefore, we request all currently proposed Office zoning along Broadway be zoned as C-G-2. In general, the BCTF questions whether an Office zone is a redundant zone to the new OP zone, since Offices are a compliant use within the C-G zones.If for some reason this change is not possible, we suggest an Office Zone subsidiary for urban corridors (such as O-2 or O-Urban) that has no minimum front setback, to allow for office zoning adjacent to C-N or C-G parcels to have the same setback, as well as allow no minimum interior side setback to allow for zero-lot lines when adjacent to Commercial zoning. We also request that the build-to zone match any neighboring property - in Broadway's case, generally C-G-2 - therefore a 0' to 10' build-to-zone. Potential allowances could/should be made for existing churches and historic residences that have been converted to office functions - however this may need to require historic overlays.Affected Office Properties Along Broadway (and Woodland):815 N Broadway; 215 Bearden Place (current use noncompliant as office); 901 N Broadway; 949 N Broadway; 826 N Broadway; 830 N Broadway; 834 N Broadway; 1207 N Broadway; 1216 N Broadway; 1303 N Broadway; 1323 N Broadway; 2909 N Broadway; 3101 N Broadway; 3111 N Broadway; 3127 N Broadway; 818 E Woodland; 1306 N Broadway; 2921 N BroadwayInstitutional ZoningCurrently institutional zoning does not have a 'build-to' requirement, and requires a 20' front and corner/side setback. This creates a similar condition to the above-mentioned Office zoning setbacks. For institutional parcels within an urban area or along an urban core (such as N Broadway) we request an institutional zone that has no front setback, but a 'build-to' requirement that would force new construction to align with the building face of adjacent C-G or Office properties. This would also force parking to occur behind or to the side of a building, as opposed to in front of it.Additionally, the Task Force has reservations related to the allowance of Homeless Shelters on Institutional-Zoned parcels. Due to the nuances related to N Broadway with relation to the Homeless, we request that Institutional Properties along N Broadway (especially the current Physician's Regional property) prohibit homeless shelters. Height Restrictions & Step-Back RequirementsWe believe maximum building height should be less related to zone (as in O, C-G, C-H), but where a parcel is located on the map, IE distance from downtown. In general, we would recommend that the maximum building height remain taller (or unlimited) downtown, and then step down outward from downtown accordingly.We recommend adding a height restriction to CG-3, perhaps 85' with review process if requesting over 85' and 130' maximum with review. The gap between C-G-2's 70' maximum height and C-G-3's unlimited maximum height seems too extreme. An intermediate is necessary, while limiting the unlimited height restriction to DK zones seems more appropriate.We request C-G-2 (or anything above 4-5 stories, or an appropriate height) to have a 'step-back' requirement, similar to the Cumberland District - whereas any floors above a certain height are required to step back. This will avoid the 'tunneling affect' along the corridor, and is similar to what larger cities like New York City enacted.I-MU Design StandardsI-MU should require Commercial Design Standards when redeveloped as mixed-use properties. Not allowing such standards would create a loop-hole for I-MU properties developed as mixed use as opposed to CG or DK zones. We recommend landscape screening requirements for commercial and/or office zones where the rear of the property abut a residential district. We recommend requiring infill commercial to align with existing building frontage/datum established by existing urban (pre-1950s) development.Parking Requirements related to C-G-2 and C-G-3Currently proposed is parking requirement reductions for pedestrian-oriented zones, which we agree with. However currently there is a 10% parking reduction for C-G-2, and a 20% parking reduction for G-G-3. We have requested and agreed with current proposals for C-G-2 along N Broadway namely due to the reduced height restraint - which is more in-keeping with a pedestrian oriented zone as opposed to unlimited (or taller) height restraints. If anything, these taller buildings will require more parking to serve their uses adequately, so it seems the reduction percentages are backwards - in that C-G-2 should allow a higher reduction than C-G-3, or it not at least the same.Therefore, we request C-G-2 allows for a 20% parking reduction to be equal to C-G-3. If this is not possible, we would request a separate C-G-3 subsidiary zone that maintains the higher parking reduction, while creating a lower height restriction.Homeless Shelters within C-G ZonesWe request the removal of Homeless shelters from the C-G zones, believing that their allowance within C-G and C-R zones is sufficient, if not more appropriate.Floodway Overlay ZoningThe current 'Floodway Overlay Zoning District' is noted as being "established to meet the needs of the streams to carry floodwaters of a 500-year frequency flood," however the map overlay district does not reflect the 500-year flood plain. We ask that you update your map to show the accurate 500-yr flood overlay (see below) to allow current and future property owners an accurate representation of where they will be able to construct new buildings and/or renovate existing structures that may be within the 500-year floodplain. Because a large portion of properties along the Broadway Corridor are within the 500-year floodplain, we ask the MPC, ReCode, and the City of Knoxville to create and/or utilize any possible zoning or administrative tools to allow for redevelopment within the flood zone, or at least more effectively communicate to property owners the restrictions they are faced with.As a result of potential miscommunication between the City, FEMA, and property owners, many are easily confused regarding current regulations, since their properties may have been constructed before the 500-yr floodplains (and therefore current restrictions) were established.
Staff Reply:

Draft 2 Comments

Thank you for the opportunity to review and comment on the second draft of Recode Knoxville. Many of the regulations in the proposed code succeed in streamlining the permitting process and providing design flexibility. The proposed code should also: protect and promote residential character; establish a transparent, interactive development review process; and ensure that our overall community is attractive.Ensure that existing and proposed residential development promotes a sense of community.1. Home Occupation - in addition to the proposed regulations there should be a size limit (25% of habitable floor area) and a limit on public visits (by appointment only which can be achieved by not advertising the address). There is no restriction on the number of public visits. No stipulation as to adverse impacts (noise, light, smell, vibration)2. Day Care Homes - the standards in the existing code should be maintained. As written there is no limit on # of children and no requirement to maintain residential appearance or character. 3. Kennels - the typical limit of five dogs/cats prevents residential animal hoarding. As proposed, there is no limit.4. Accessory Dwelling Units - as written, this standard will entice investors to bid on properties, construct a second dwelling unit, then rent both units out thereby driving up the market price of residential property and degrading the stability and social fabric of neighborhood community. This escalating value of real estate lessens the availability of affordable/workforce houses. By requiring the homeowner to live on the property, the home owner has a revenue stream (helpful for moderate or low-income families) or lodging for family or caretakers, close control of the property, an on-site contact for neighbors should complaints arise, and disincentivizes rapid increase of market rates (investors would not want to live on the property).5. Multi-family - provide simple design standards to avoid a shoe box appearance; such as façade modulation, variation in texture or color, and porches/balconies/decks.6. Consistency - EN has a minimum lot size of 22,000 sq. ft. per Table 4-1. EN with a HP overlay has a minimum lot size of 7,200 sq. ft. (6 du per acre) Table 8-1. "Table 8-1: Density and Land Disturbance Limitation establishes the maximum residential density ." Why would HP allow greater density?7. Garage Sales - how frequently can an owner have a garage sale until it becomes a business?Establish a transparent, interactive development review process.1. Expand the flow charts to include appeals.2. Require posted signs to be clearly visible by two-way traffic on each right-of-way contiguous to the property.3. The required 12 days for sign posting should not include holidays as people are more likely to be away.4. Provide notice to neighborhood associations.5. Special Use Conditions should also be able to address use impacts such as hours of operation, noise, etc.6. Provide mailed notice of applications for Administrative Decisions to contiguous property owners and post a yard sign.7. For Special Use approval note that this does not set a precedence.8. For Variance Approval Standards add: The Applicant did not create the situation; and, Other options involving a lesser variance has been considered.9. Extending nonconforming walls should require a variance processEnsure that our overall community is attractive.1. Cell Towers should not be a permitted use in the Neighborhood Commercial Zoning District. This district is "intended to provide for an environment of integrated residential development and small-scale commercial and service uses, predominantly serving nearby residential neighborhoods." Town Hall East was able to successfully deter a proposed cell tower in the Burlington commercial center due to notice of public hearing process.2. Increase the likelihood that required landscaping will survive either through a two-year landscape maintenance bond or irrigation.
Staff Reply:

(no Title)

Thank you for hosting the event in Burlington & providing opportunity for input. I live in Holston Hills & what I see in version 2/draft 2 on ridgetop protection is not developed enough. We need to take advantage of the canopy & habitat of these ridges. As development intensifies this will be even more important.
Staff Reply:

Landscaping Requirements

Several recommendations were made regarding landscaping requirements in response to the first draft, but unfortunately they weren't incorporated into the second draft. Adequate landscaping provides numerous environmental, economic, health (physical and mental), aesthetic and social benefits to a community.We would like to see the following provisions included in the new ordinance:Interior Landscaping of Parking LotsThe current parking ordinance allows for reduced or no perimeter or interior landscaping for lots smaller than 20,000 sf. All lots larger than 5,000 sf should be required to have some perimeter landscaping. Lots between 10,000 and 20,000 sf should be required to have graduated interior landscaping (smaller and/or fewer islands), depending on size of the lot. Lots larger than 20,000 sf should have a landscaping break every 10 spaces rather than every 15 spaces.Landscape Bond:In regard to compliance with Landscape Ordinance requirements, based on discussion with those professionally qualified to understand both the value of proper landscaping for any development and the challenge of achieving compliance, the two-step LANDSCAPE BOND makes a lot of sense. The city of Chattanooga successfully employs this process. 1. PERFORMANCE BOND: This allows developers six months after issuance of the C O to install landscaping to offset the disadvantage of completing projects in late spring or summer months and to assure reasonable growth conditions. 2. MAINTENANCE BOND: This would be applicable during the two-year period following the project's completion and include a reasonable time period for proper landscape care to assure healthy plant material. The Maintenance Bond is released after two years, contingent on satisfactory inspection by a qualified professional, such as a landscape architect licensed in Tennessee and familiar with the design intent. Without a maintenance bond a lot of landscaping will not be adequately cared for and will die. Two years of proper care will greatly increase the survival of installed landscaping.Since the city operates on a complaint driven system and is chronically short staffed when it comes to enforcement, I don't have a lot of confidence that it will be successful at requiring developers to replace landscaping. It also places an unfair burden on citizens who would be responsible for tracking and reporting landscaping that needs to be replaced. In my experience, this also requires follow-up phone calls and emails by the citizen. Mitigation Fund or Tree BankRecode should include some form of mitigation for the destruction of trees by developers, perhaps along the lines of how TDEC operates its stream and wetlands mitigation program. In the case of tree protection, the ordinance could specify that for each tree destroyed over a particular dbh, X number of trees of 2" caliper have to be planted; or, a value of the destroyed trees could be established and the developer pay the equivalent value into a mitigation bank, with the city using the funds for planting or landscaping projects.Thank you.
Staff Reply:

Draft 2.0 Of Knoxville's Proposed Zoning Code

September 13, 2018Dear City Council Members:We are writing on behalf of the League of Women Voters of Knoxville/Knox County (LWVKKC), an organization with more than 200 members. Our comments address Draft 2.0 of the proposed zoning code, using the League's adopted principles and positions as their basis. We don't address Draft 1 of the zoning map, other than to say that technically it is well-done and easy to use. LWVKKC supports this much-needed zoning code update, with its streamlined reorganization and concise presentation of complex material. The League also supports two key goals implicit in the proposed code: (1) addressing the growing need for affordable housing in Knoxville, and (2) encouraging less reliance on personal vehicles for mobility.Nevertheless, LWVKKC has two significant concerns with the proposed code: (1) Although affordable housing and vibrant, stable neighborhoods are supposedly part of the vision for Knoxville, some measures in the proposed code - unless revised - may work against that vision. (2) In an effort to achieve greater administrative efficiency, short shrift is being given to citizen's right to know about and comment on land use decisions that affect them.Our specific comments are summarized below. Detailed versions of these comments are attached, organized by the articles in which they occur. ______________________________Hillside Protection Overlay. The HP Overlay should apply to all types of districts - residential and non-residential - as it did in the 2011 Hillside and Ridgetop Protection Plan adopted by City Council. Infill Housing Overlay. To foster affordable, compatible housing in older neighborhoods scattered around the city, we should keep the Infill Housing overlay.Accessory Dwelling Units. To add to the stock of affordable housing in Knoxville while minimizing disruption of stable neighborhoods, ADUs should have two restrictions: (1) their use as short-term rentals should be prohibited, and (2) in EN, RN-1, and RN-2 neighborhoods, they should be limited to owner-occupied properties. Required Notice of Public Hearings and Meetings. Required notice of a public hearing/meeting should include information on how to submit written comments.Administrative Modifications. The Zoning Administrator should send notice of a request for an administrative modification to abutting and adjacent property owners, allowing them 10 business days to comment before the decision is made. Immediately after the decision is reached, they should be advised of (a) the decision made, and (b) their right to appeal it. Planned Developments. Neighborhood associations, business associations, potentially affected property owners, and other members of the public should get notice of the proposed project early in the process, as soon as a concept plan has been developed. Their opportunity for comment should not be limited to the preliminary plan stage. They also should get notice of the staff review for "substantial compliance" prior to MPC's review and approval of the final plan. __________________________While still a work in progress, the proposed code is an important step forward. Thank you for all your effort on this monumental task.Sincerely,Linda MaccabePresident, LWVKKCMary EnglishLand Use and Environment Chair, LWVKKC
Staff Reply:

Recode Second Draft Comments

Section 5.4: Design Standards- Issue: What does 'substantial repair or rehabilitation' mean? "The following design standards apply tosubstantial repair or rehabilitation meant to remedy damage or deterioration of exterior façade"- Remedy: more clearly define when design standards would come into play; define 'substantial repair or rehabilitation'Table 5-2: Commercial Site Design- Issue: Surface parking location requirements are incompatible with current and reuse/redevelopment of many lots in O, C-N, C-G-2, C-G-3 districts (ex: L-shaped commercial strips, businesses that need loading/truck facilities on the rear of the lot). "Surface parking may not be located between the principal building and the front lot line. Parking must be located to the side or rear of the principal building [in O, C-n, C-G-2, C-G-3 districts]."- Remedy: Remove this as a requirement and instead use it as a possible incentive in Section 5.3.B and other incentive sections. Staff has recommended incorporating current parking requirements without change; this would be a significant change.8.4 Hillside Protection Overlay Zoning District- In order to facilitate reuse and redevelopment of small-scale and larger-scale commercial/industrial areas, apply this overlay only to residential zones.Table 9-1: Use Matrix- Issue: "Bar" and "Restaurant" were combined into "Eating and Drinking Establishment" and "Restaurant" was removed as "P" in O and C-N districts. This will transform numerous restaurants from "P" to "S" in C-N (ex: Plaid Apron in C-N, Sequoyah Hills neighborhood) and create nonconformities in O district. It could create more pushback when an "Eating and Drinking Establishment" is requesting "S" in C-N in the future.- Remedy: Remove "Eating and Drinking Establishment" and reestablish "Bar" and "Restaurant" as separate uses.- Issue: "Medical/Dental Office" was downzoned from "P" to "S" in C-N. These are currently "P" in C-N.- Remedy: Return to "P" use in C-N.Parking and Landscaping- Please keep with staff recommendation that existing parking and landscaping requirements be incorporated into Recode, and that the landscaping bond be removed.15.D.3.h Planned Development- Issue: More clearly define "affordable housing" set-asides.- Remedy: Provide a threshold of rental or purchase price based on existing market and population data or government guidelines. Do not require "affordable housing" to be government-approved/subsidized.16.2.D Nonconforming Use- Issue: "Discontinuation or Abandonment" as it currently reads is unclear and does not reflect general market conditions for reuse and redevelopment of real property.- Remedy: Provide a definition for "Discontinuation or Abandonment", increase "six months" period to at least 18 months to reflect commercial property general market conditions, and add in a language that being "actively marketed for lease or sale" is not considered "Discontinuation or Abandonment".Thanks for considering my comments. This is not an easy task.
Staff Reply:

General Comments

Regarding commercial buildings along the main corridors, glass should be highly transparent on the main floor, and non-residential use should be either required or highly encouraged using whatever zoning tools are available. The buildings should be at least built in such a way as to allow non-residential use on the main levels in the future.Required materials should be durable and sustainable. No vinyl and especially no vinyl windows.I do not think the use of paint colors should be addressed in the code (see 5.4B). There are plenty of examples of monochromatic buildings that are beautiful and interesting because of varying types of building materials, etc. In fact, the new apartment buildings at the south end of the Henley St. Bridge (not the orange and gray one, the one across the street on the east side) vary in color so much that from afar it looks very busy, even though the colors are not bold. Furthermore paint colors can be changed and thus shouldn't be considered a part of the structure.Bike racks should be required for commercial and multifamily residential.Multifamily courtyard apartments such as common in Chicago on city corners should be allowed (there are actually also many examples of these in Fort Sanders and East Knoxville) in high and moderate density neighborhoods, with high quality of materials (brick mostly) and good form so it is a contributor to the neighborhood fabric.Thanks to MPC for all your work on this.
Staff Reply:

General Comments

Regarding ADU's, I know enforcement of ordinances is not the purview of Recode, but I am in favor of ADU permits being granted *only* to owners who occupy the primary structure. I understand they may sell to someone who will lease out the entire property, but I do believe that initial barrier will prevent many issues.Regarding the South Waterfront, this zoning has not been revisited for about a decade. While I agree with the vast majority of the provisions in that code as they stand and would like it adhered to, what we are seeing is "zoning by variance" where developers are requesting variances because the ordinance is so, in their opinion, outdated, and the City is granting these variances for the same reason. This undermines the public process that should exist. If numerous variances are going to be granted at will on every project, then the entire code needs to have another look and a new code adopted.
Staff Reply:

Affordable Housing

PUT BACK THE ORANGE. Knoxville needs more multi family housing not less. You are prioritizing higher income folks and not pushing Knoxville to be a city that prioritizes the vast need for affordable housing. I've been to meetings and you are always citing comments from West Hills or Sequoya Hills, or Fountain City and not referring to comments made at the Urban League meetings from Burlington residents from East Knoxville residents and you actively tell them you are not recording their comments despite the fact that a forum or meeting could be their only way to provide a comment. PUT BACK THE ORANGE and stop excluding low income folks' comments.
Staff Reply:

Lack Of Affordable And Accessible Housing

Put back the orange! and prioritize poor and working class people.
Staff Reply:

Preservation for older neighborhoods is important to me for the OLPNA.
Staff Reply:

(no Title)

Preservation for older neighborhoods is important to me for OLPNA
Staff Reply:

Affordable Housing

Please, we need affordable housing! vote for help!
Staff Reply:

Adjacent Average Grade

Please review the calculation of Adjacent Average Grade, used in defining building height in section 2.4D1. The calculation of this grade is ambiguous and Peter Ahrens suggested at a recent Recode meeting to submit a comment for MPC staff to shore up this definition. Thank you
Staff Reply:

Recode Knoxville

Please put back the orange. Keep it. We need flexibility for affordable housing. I wish everyone could have the option of single family dwellings. However that is not possible nor wanted. We need zoning maintained for duplexes, four plexus, etc. as well as developments with 100's of units for affordable housing.
Staff Reply:

Affordable Housing

Please put back the orange! More, not less, affordable housing is needed. Thank you.
Staff Reply:

Established Neighborhoods

Please leave the Codes as is for Established Older neighborhoods. I am opposed to the Recode proposal.These established neighborhoods define Knoxville and would be horrible for that to change.They give character and define much of he history of Knoxville.The Recode proposal would destroy this history. Many folks move to Established Neighborhoods for the coding it now has. The coding and lot sizes and architect style attracts folks to these locations.A Recode is not good.
Staff Reply:

New Zoning Recode

Please consider the impact recoding the Knoxville new zoning code upon low income housing and families. A diverse Knoxville will be a healthy Knoxville for all. Thank you.
Staff Reply:

Comments

p. 5-2 C. #1 run-on sentence (FYI)general question: Can we require sidewalks for new and/or redesigned commercial buildings and multi-family dwellings?p. 5-24 D. 5. b. "period of up to one year" Why do they need a whole year? If the problem is the wrong season or bad weather for planting or perhaps the plants aren't available, having up to one year is excessive. I believe six months is adequate, which roughly equates to two seasons. I was imagining if I lived across the street from the new construction that had a whole year to put up vegetation buffers, and I waited through all the seasons without any forward progress. p. 8.8 8.5 C. Is it customary to use the 500-year flood levels as the standard for how new construction might contribute to flooding now? Why not use a more recent standard, such as 100-year? p. 9-3 A. 3. "Animal care facilities must be located?" The sentence needs to be corrected.p. 10-6 G. Since you are referring to a city code, you may want to keep the same language found in the code (domesticated chickens, henhouse, chicken pen). Personally, I call them "backyard chickens" and a "coop."
Staff Reply:

(no Title)

On the Recode handout of the zoning overview for neighborhood B. Commercial Districts (9.5% of land use) SW south waterfront district. SW-1 is not commercial, nor is SW-2 but SW-1 is only low density residential now and therefore SW-1 should be listed in the new code under as A. Residential District even though the % of land use is not equal. If listed under commercial - this will be abused & is questionable in this code. This comment has been made several times in public meetings. Homeowner living in SW-1
Staff Reply:

Kcdp Pac Comment Submission On Recode Knoxville Draft 2 Text And Draft 1 Map

On behalf of the Knox County Democratic Party (KCDP) Progressive Action Committee (PAC), we would like to submit the attached comments on ReCode Knoxville Map Draft 1 and ReCode Text Draft 2.Below is the list contributors and/or ratifiers of these comments: Core Drafting & Research Team:Elizabeth RowlandMatt SterlingMoira ConnellyIdea/Feedback Contributors:Michael DavisBryan Hill CharLee HowardRatified Final Draft:Linda Haney - KCDP Vice Chair Allie Cohn - PAC Co-Chair & KCDP Secretary and Executive Committee MemberMichael Davis - PAC Co-Chair & KCDP Executive Committee MemberSylvia Woods - PAC Steering Team Member, KCDP Executive Committee Member & Tennessee Democratic Party Executive Committee Member LaKenya Middlebrook - PAC Steering Team Member Elizabeth Rowland - PAC Steering Team MemberMoira Connelly - PAC Steering Team MemberMatt SterlingLouise SeamsterBryan HillWe'd also like to bring to your attention a Democratic Television (DTV) episode that we did explaining ReCode Knoxville to viewers.Please let us know if you or your team members have any questions on our submission.Thank you, Elizabeth Rowland
Staff Reply:

Comments On Some Survey Questions

Not just new but renovated buildings along any corridor should be required to have a buffer whether trees, bushes, or a well maintained attractive fence. Alley ways between buildings and residential are usually unkept. Some vegetation, trellis work or partial fencing could help between residential and other uses. Strict regulation of noise from both music, parties or food trucks generators, commercial docks and smoke from any source that intrudes into residential should not be allowed.There are some reuses that should not be allowed in old buildings. But, a restaurant is a more intrusive use than a warehouse just in looking at the operating hours. While a homeowner may work during the day and not notice a warehouse during the day. The restaurant business hours of operation occur during the residents evening down time or kids bedtime. Anytime alcohol is part of the picture there is high likelihood of loud voices and inappropriate language. Lighting is becoming an issue as added street lighting occurs along with signage and lighting added as decoration at night. Car noise, fumes, and parking with people coming and going is intrusive to a family quiet time so operating hours should be restricted. The type of business is very crucial to residential stability.The reuse of an existing building should fit with the neighborhoods character. This does not mean there should be a bar on every corner. No industrial. Enough parking to stop parking carryover on to residential streets. if code requires a building height of 4 stories there should be a clause that 4 is a recommendation but if development wants less height say 2 story that would be allowed, but not higher. Supporting infrastructure, sidewalks are the developer's responsibility since many want TIFs or PILOT breaks for 20-30 years at taxpayer expence on pensions, road maintenance and other services.ADUs and STR should be restricted to only homeowner occupied with off street parking. in EN, RN-1, RN-2, and SW-1. With no subletting greater than the allowable number on the lease per unit or fire code/ occupancy limit.
Staff Reply:

Please Give More Time...

My concern is that there are still many city residents that are just not aware of Recode and how it will impact them when the changes are finally made. I respectfully ask that instead of trying to push it thru in December, that City Council make the wrap up date sometime in March or April of 2019. That gives City residents more time to get involved and give input. I also ask that the Infill Design Guidelines be kept to help preserve the character of our fragile older neighborhoods.
Staff Reply:

Recode Knoxville Comments And A Request For More Debate

Mr. Green,Attached please find follow-up comments to your August 24th meeting with members of Fountain City community organizations and a request for more debate on Recode Knoxville. We on Gibbs Drive and others throughout the Fountain City community look forward to working with MPC staff and city representatives on producing the best possible zoning ordinances for Knoxville's future.Sincerely,Gibbs Drive Historic Neighborhood Association
Staff Reply:

Riverscape & Stream Buffers

Love the inclusion of Riverscape Standards and Stream Buffers in the South Waterfront (SW) district. Since the Tennessee River is such an important natural asset to our community, wouldn't it make sense to apply similar standards for all riverscape and streams in the City? Most streams have unfortunately already been developed, but applying these type of standards across the City would provide a means of protecting our waterways during future development/redevelopment, and a vision for caring for our natural resources. It is also just a smart development practice from an aesthetic standpoint to allow public access to river frontage instead of cutting people off with streets and buildings.
Staff Reply:

Strengthen Our Outdoor Lighting Ordinance

Knoxville and our surrounding neighbors would greatly benefit from a stronger lighting code. Light pollution obscures the natural beauty of our skies and wastes so much energy. Let's position our city as a leader, not only for our local regain but in the Southeast as well, protecting the night skies and reducing energy consumption by including stronger restrictions in the outdoor lighting section. As we continue to develop the Urban Wilderness, this facet of our zoning code is something we must consider.One of the best model ordinances is the Pattern Outdoor Lighting Code, a model ordinance proven to reduce light pollution and energy use. Help Knoxville lead our region in reducing lighting pollution! The Pattern Outdoor Lighting Code can be found here: http://www.flagstaffdarkskies.org/WPdev/wp-content/uploads/2015/10/CBL-POLC-standard-v2.0.pdf
Staff Reply:

Loss Of Open Space Preservation District (os-1) In Recode

It appears OS-1 is being dropped from ReCode. I think that means we are losing a valuable type of zoning that conserves cultural landscapes and archaeological sites. OS-1 is notably different from OS-2 and what it's being replaced with (OS). While OS-1 so far primarily been applied to golf courses and interstate medians, it has a lot of potential that someone not coming from a historic preservation / natural resources conservation perspective would miss. It is not as restrictive as a "Natural Area" and not limited to parcels of 1 acre or more. It is also appropriate for and compatible with low-density residential parcels that intersect the hilltop protection overlay, such as the home I live at on Chestnut Ridge. Current definition from Municode - note item 5 in bold (my emphasis added):This open space preservation district is established to provide areas in which the principal use of land is devoted to the preservation and protection of recreational and conservation open space. The district is intended to preserve, and enhance land as permanent open space that contributes to the creation of a network of lands that provide safe and enjoyable areas and routes for non-intensive recreational opportunities, is protective of natural resources, and is compatible with surrounding land uses. The district is consistent with and intended to implement the Park, Public Institutional, Open Space and Environmental Protection land use classifications of the Knoxville - Knox County General Plan 2033 , or its successor documents.B. Permitted principal and accessory uses and structures. The following uses shall be permitted in the OS-1 (open space preservation) district:1.Horticulture, floriculture, forests and woods, community gardens.2.Houses.3.Recreational open space, such as parks, playgrounds, golf courses and country clubs, cycling, hiking and equestrian trails, parkways, hunting preserves, camps and resorts, fishing lakes, and greenway and blueway corridors.4.Conservation open space, such as watershed protection areas, public water supply points, lakes and reservoirs, wildlife management areas, and significant natural areas.5.Historic and archeological sites.6.Accessory buildings, structures and uses.7.Wireless communications facilities, subject to the provisions of article V, section 20.OS-1 is entirely appropriate for cemeteries and other archaeological sites. The new "OS" drops out recognition of the value of landscape conservation and archaeological sites.The new "OS" zone combines the "old" OS-2 primarily intended for parks (and incompatible with housing, and indifferent to archeological sites or cultural and scenic landscape values):The OS Parks and Open Space Zoning District is intended to create, preserve, and enhance public open space to meet the passive and active park and recreational needs of the City. The OS District provides for both improved and unimproved park and recreation lands. Facilities may include, but are not limited to, structures or other active, playoriented facilities such as playgrounds, recreational fields, ball-fields, sport courts, and dog parks, cultural facilities such as museums and libraries, and associated accessory facilities such as recreation and community centers, park administrative offices, and restroom facilities.Source: https://recodeknoxville.com/documents/library/drafts/draft2/chapters/Article%207-Special%20Purpose%20Districts.pdfYou can see below there is an improvement where "OS" has been applied to Cemeteries in Park City (incidentally, some cemeteries such as Shieldstown Cemetery at 1933 Linden Ave, Stephens Cemetery at 1405 McCalla, Vance Cemetery on Bethel, Good Citizens Cemetery at 830 Addison, ad Eastport Cemetery off Wilder Pl on Fuller have been forgotten (Eastport is not marked in KGIS Parks layer, although an "underground railroad site" at 1021 Fuller is. I can individually comment on those using the "feedback" utility on those specific parcels (I in fact already commented on the Shieldstown lot) but it will take quite a lot of work and I thought it would be easier just to talk to you about these parcels.It's possible to look at the "Parks" map on KGIS to find all these hidden parcels / historic sites. It looks like Temple Beth-El cemetery at Linden and Winona has both H1 and OS zoning, but the underground railroad site at 1021 Fuller only has H1. Even with the new OS zoning, as currently defined its utility seems centered on parks and ball fields. It drops out the earlier language and uses from OS-1 concerning landscape and natural area and archaeological site preservation. While it goes without saying a cemetery is not a ball field, the new zoning code should not try to merge these two distinct land uses (see below - Dr. Walter P Hardy Park merged with Mt Calvary Cemetery, Bethel Civil War Cemetery, Potters Field Cemetery, and Odd Fellows Cemetery.I'd like to get your thoughts on this and possibly run it by Carol Evans with Legacy Parks and maybe other environmental conservation oriented civic groups.I have submitted feedback on my own home (zoned RN2 in recode and intersecting the hilltop protection overlay) the following comment:Parcel is in the hilltop protection overlay should be zoned OS-1 under the existing code, "The district is intended to preserve, and enhance land as permanent open space that contributes to the creation of a network of lands that provide safe and enjoyable areas and routes for non-intensive recreational opportunities, is protective of natural resources, and is compatible with surrounding land uses. " An OS-1 equivalent should be made available to conserve natural resources in the hilltop protection overlay while also permitting existing uses and compatible uses as permitted under existing OS-1.This also relates to Chestnut Ridge's history as "Chestnut View Park," important to African American heritage, and to the scenic values of our forested ridgetops.I feel this is something Park City Preservation Alliance can formally offer a position on. Ideally, a join statement with other conservation-oriented groups could be formulated. However, I wanted to run these initial ideas by you as I feel there is a strong connection between OS-1 and cultural resources and landscape values that are connected to historic preservation. I believe it would be a mistake to merge "OS-2" focused on recreation and "OS-1" that has the potential to reflect landscape, cultural resource, and historic preservation values. OS-1 has not been used to its full potential; the full potential will be lost if it is merged with OS-2 as "OS" in ReCode.
Staff Reply:

The Lack Of Duplexes

In response to the general consensus circulating... "If duplexes aren't being built, the market doesn't want/need them, so why are we trying to allow more of them?"For R1: Duplex allowed on Review w/ lot size minimum of 15,000 sq.ft.Most R1 neighborhoods are typically auto-oriented (non transit friendly) & suburban with larger homes on larger lots. The need for duplexes in those areas is low and naturally their occurrence is low. The assumption that the market signals are influencing the development of duplexes is likely true in most suburban R-1 zones.On the contrary, Oakwood, a walkable & transit-friendly neighborhood, is a mixture of R1 (IH-1) & R2. Lot sizes range from < 5000 sq.ft. to 7500+ sq.ft. A new duplex would require multiple lots, therefore they aren't done. There are however, many older duplexes that exist currently as represented by the"checker-board" of R1/R2 on the current zoning map. Building new would require up-zoning, special approval, and variances... therefore they aren't being built. For Oakwood, the market's need & desire has no way to respond because a duplex is, by-default, prohibited.[Moving forward RN-3 more appropriately represents the development pattern of Oakwood, and would allow more by right development & less special use approval for duplexes.]- - -R1-A: Duplex permitted by right w/ lot size minimum of 10,000 sq.ft.This district is well represented in our central-city neighborhoods. It is specified as"low to medium density" but"nearly 70% of lots [Zoned R1-A] do not meet the required 7,500 sq.ft. minimum lot area." (pg. 12 ReCode Technical Review Report) So although a duplex IS permitted on paper, it is prohibited in practice... as we see with Old North. Old North is another walkable & transit friendly neighborhood, with the the majority of lots being under the 10,000 sq.ft. required for a duplex. Again, the market's need & desire is unable to respond because a duplex is, by-default, prohibited.An abundance of multi-family structures at various scales exist currently in most of our R1-A transit friendly neighborhoods. These areas need a closer look and a smaller paintbrush to more appropriately zone them to reflect the development patterns that currently exist within them. We must ensure that our central-city neighborhoods are not a static ecosystem, but rather a dynamic one. We must ensure they're able to evolve over time, not radically, but incrementally.. to ensure they're meeting the needs of those who are currently there as well as those who will be there in the future.- - -R-2: Req'd lot size is 7500 sq.ft. for the first dwelling + 1500 sq.ft for each additional dwelling. Therefore a duplex would require 9000 sq.ft.This district is "medium-density" yet still not conducive for a duplex. "50% of the lot sizes within the R-2 district do NOT meet the required 7500 sq.ft. minimum lot standard." (pg. 12 - ReCode Technical Review Report) so very rarely would we see 9000 sq.ft. available for duplex construction. Again, duplexes aren't (and cannot be) built without special circumstance or multiple lot aquisitions, at which point it's more favorable to build two single family homes.A duplex is Small-Scale Development 101... an incremental step towards meeting the demand for housing within our transit-friendly neighborhoods. They're as easy to build & finance as a single family home (from a codes & lending standpoint). A duplex even provides opportunity & incentive for owner-occupancy, empowering more folks to invest & live in the neighborhoods they love. A duplex easily blends in with it's surroundings and provides housing opportunities at a scale that currently isn't available (and hasn't been allowed) within our transit friendly neighborhoods.The lack of recent Duplex construction/conversion is not based on market trends, citizen desires, or lack of profitability. This deficiency is directly tied to our present Zoning & Lot size requirements. To move Knoxville in a positive direction, it's imperative that we allow this age old tool of incremental development to be used once again within our transit friendly neighborhoods. ...and do so without a 2 space per unit parking minimum!Thank you for the consideration,
Staff Reply:

C-g-3 District: Maximum Building Height

In Draft 2 of the code, the maximum building height for C-G-3 districts was changed to Unlimited. The Bearden Village Council has discussed this change and is strongly opposed to it. We request that you restore the 85' maximum shown in Draft 1. Virtually all of the commercial corridor through Bearden Village, from Western Plaza to Northshore Drive, is designated as C-G-3 in Draft 1 of the zoning map - a much larger concentration of C-G-3 zoning than anywhere else in the city. We think an 85' maximum building height will adequately accommodate dense development while retaining some of the current character of Bearden. If a taller project with special features comes along, the "planned development" approach described in the draft code remains an option. Mary EnglishPresidentThe Bearden Village Council
Staff Reply:

Recode Knoxville - Lighting Ordinance

I'm writing because of your role on the Recode Knoxville Advisory Committee. Have you looked up in the night sky lately and noticed how few stars are visible? Light pollution obscures the natural beauty of our skies and wastes so much energy. Knoxville's initiative to redo the zoning code is the perfect opportunity to create zoning restrictions that position us as a leader in protecting the night skies and saving energy. As we continue to develop the Urban Wilderness, this facet of our zoning code is something we must consider.Will you propose to the Advisory Committee, City leaders, and the City Council that Knoxville's new zoning include a section based on the Pattern Outdoor Lighting Code (POLC), helping Knoxville to lead our region in reducing lighting pollution?Thanks for your time. I look forward to your response!
Staff Reply:

Adus

I'm concerned about maintaining the existing character of residential neighborhoods. I'm particularly concerned about detached ADUs. I think the requirements for detached ADUs should be much stricter than those for attached or incorporated ADUs. The minimum lot size should be triple or 4 times as large. I also think the maximum dwelling size proposed should be smaller than 1000 sq ft and the maximum number of bedrooms allowed should be one or two rather than three. A minimum of one additional dedicated parking space should also be required.I understand the need for additional affordable housing in the city, I think that existing ADUs should be grandfathered as they are more likely to be used for affordable housing. New construction of detached ADUs is less likely to become affordable housing and more likely to become short term rentals. This would change the character of the neighborhood and might reduce the property values of adjacent properties. More research Is needed to determine if this has happened in other cities before these are allowed.Many older neighborhoods have homes set further back on the property. I think over time these older homes will be torn down and rebuilt closer to the front of the property to accommodate construction of an ADU in the back. Although some of these ADUs might become affordable housing and some will house family members, many will become short term rentals.Changing the setback and additional ADUs will change the existing character of the neighborhood.Increased density can be achieved through other means, such as through mixed used.
Staff Reply:

(no Title)

I would like to see lower minimum lot sizes across the residential zones to increase density & affordability; I would also like to see the number of family units allowed in each zone increased to allow more density & affordability. I would specifically like to see the RN-1 lot size NOT increased to 10,000 ft. I'm in favor of the mixed-use proposals.
Staff Reply:

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