Citizen property concerns addressed by Povlin, BOMA
Two Farragut residents expressed their concerns and objections to an ordinance change regarding Planned Commercial Development during a Farragut Board of Mayor and Aldermen meeting Thursday, March 10.
Nevertheless, on first reading, the Board approved the change in Ordinance 22-05 to state uses permitted in the General Commercial or Office districts “may” rather than “shall” be permitted as part of a development plan submitted for a rezoning request for a PCD.
The second reading is expected to come up for a vote during the Board’s March 24 meeting.
Sean Murphy of Bridgeport Drive spoke out against the ordinance, which changes the language the Town’s code regarding PCDs.
“The thing that I felt odd about this proposal (and the other zoning proposals) is the Town is doing them,” Murphy said. “It’s pretty customary for applicants to ask for a request to change a need or use. Here, the Town is doing it … I haven’t seen this very often … that looks bad, whether it is or not, folks know.”
He also pointed out the Board took a first vote on the changes “without actually listening to the public first. “ ... The best thing … let people participate in the process,” Murphy said. “Changing ‘shall’ to ‘may’ leaves a lot of ambiguity, leads to problems.”
Baldwin Park subdivision resident Michael Wilson also spoke against the change.
“In the Town’s write-up of this item, it states ‘the required concept plan establishes what uses will be appropriate as ultimately stipulated by the Board of Mayor and Aldermen in the rezoning process,” he said.
“So, does this mean that the Board of Mayor and Aldermen will be granted authority to tell every developer which uses under the C-1 zoning ordinance, paragraph B, he or she can build … ?” Wilson added. “Does that mean that this Board or a future Board can deny, say, a church in a PCD development?”
“The PCD actually is a district that is different from other districts,” Community Development director Mark Shipley replied.
Wilson said under the PCD requirements, “there’s nothing that stipulates what kind of development … what goes into that building.
“I have a concern of what criteria this Board or future Boards may use to make those decisions for one parcel versus another parcel when you go to that language of ‘may,’” he added.
Vice Mayor Louise Povlin, who also serves on FMPC, explained the Town does initiate changes in ordinances when the staff and Board sees a need for change.
“The intention of changing from ‘may’ to ‘shall’ was to make it very clear that what drives Planned Commercial Development is about the development plan,” she said. “There’s a lot of flexibility that goes into PCD, but there’s a lot of what we expect to get out getting a development that is zoned PCD.
“We want to establish a sense of place, a design of commercial, offices and residential that are architecturally and environmentally innovative and that achieve more efficient use of land,” she added. “... In changing (the wordage) from ‘may’ to ‘shall,’ it put more accent on the fact that the development plan is what’s driving this particular zoning.”
