Disposition Summary

Approve the request to remove the (C) (Previously Approved Planned District) designation from 3275 W Governor John Sevier Highway because there is no previously approved development plan.

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Staff Recommendation

Approve the request to remove the (C) (Previously Approved Planned District) designation from 3275 W Governor John Sevier Highway because there is no previously approved development plan.

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The (C) designation on the zoning map indicates the presence of a previously approved planned district per Article 1.4.G. This designation was applied upon the effective date of the current zoning ordinance on January 1, 2020. The purpose of this designation is to provide a visual cue that plans may have been approved for the parcel with this designation before adopting the current code.

Under Transition Rules, Article 1.4.G, all previously approved planned districts were to remain in effect, subject to all plans, regulations, and conditions of their approval after the current zoning code became effective. The code further states that changes to a previously approved planned district, or a request to remove a planned district, shall be made through the special use process. In some instances, the (C) designation has been applied, but no plans were ever submitted or approved for the property. Therefore, there are no previous plans or conditions placed on those properties. In these instances, the City has determined that the planned district designation can be removed per Article 3.2.C, and the property can be developed according to the standards of the current zoning district. This determination is reflected in the attached memo from the Zoning Code Administrator.

Under the previous code, the rear half of the subject parcel was zoned RP-1 (Planned Residential) with a density of up to 12 dwelling units per acre, and the front half was zone O-1 (Office, Medical, and Related Services). This dual zoning corresponds to the location of the current zoning districts of RN-5 (General Residential Neighborhood) and O (Office) on the parcel. There is no record of development plans ever being reviewed by the Planning Commission for this parcel under the prior code, so the © designation can be administratively removed to enable the contemporary base zoning districts to prevail as the regulatory land use framework.