The item was remanded back to the Administrative Review Committee.

Disposition Summary

The item was remanded back to the Administrative Review Committee.

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Details of Action

The item was remanded back to the Administrative Review Committee.

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Staff Recommendation

Per Article 7.0.2.G., the Planning Commission should consider this request based on the approval criteria in subsection 8.a. and the attached Zoning Administrator report.

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This request is a Level III, Alternative Compliance Review, of the Form Base Code Districts (Article 7.0.2.G.), which requires approval by the Planning Commission. Alternative compliance review is intended to allow developments and nonprohibited uses that would not otherwise be allowed under a strict interpretation of the Form District regulations but nevertheless comply with the intent of the applicable Form District and Plan.

KNOXVILLE-KNOX COUNTY PLANNING COMMISSION ACTION FOR LEVEL III, ALTERNATIVE COMPLIANCE REVIEW (Article 7.0.2.G.7)
The Commission may take any of the following actions:
1. The Knoxville-Knox County Planning Commission must hold a public hearing subsequent to notification, consistent with its Administrative Rules and Procedures.
2. The Knoxville-Knox County Planning Commission must approve or deny the application, or send the application back to the Administrative Review Committee for additional consideration.
3. In the exercise of its approval, the Knoxville-Knox County Planning Commission may impose such conditions regarding the location, character or other features of the proposed buildings as it may deem advisable in the furtherance of the general purposes of the applicable Form District Plan.

Approval Criteria ((Article 7.0.2.G.8)
a. In reviewing an application for Alternative Compliance Review in cases other than applications concerning reconstruction or expansion of nonconforming structures in which nonconforming uses operate, the Knoxville-Knox County Planning Commission must consider the following:
i. Consistency with the applicable adopted Plan;
ii. That the development will not have a substantial or undue adverse effect upon the neighborhood, the character of the area, traffic conditions, parking, public infrastructure, and other matters affecting the public health, safety and general welfare;
iii. That the development will be constructed and operated to be compatible with the district;
iv. That the proposed development can be adequately served by public facilities;
v. That the proposed development will not result in the destruction, loss, or damage of any significant natural, scenic, or historical district, site, or feature;
vi. Compliance with the intent of the applicable Form District and Plan;
vii. Compliance with all applicable Zoning Ordinance requirements;
viii. Compliance with all applicable Subdivision regulations;
ix. Compliance with the Major Road Plan;
x. Compliance with the One Year Plan; and
xi. Compliance with the Stormwater and Street Ordinance.