Approve MU-SD, CC21 (Mixed Use Special District, Sutherland Northside) as it is a logical extension of the existing land use classification.

Disposition Summary

Approve MU-SD, CC21 (Mixed Use Special District, Sutherland Northside) as it is a logical extension of the existing land use classification.

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Details of Action

Approve MU-SD, CC21 (Mixed Use Special District, Sutherland Northside) as it is a logical extension of the existing land use classification.

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Staff Recommendation

Deny the sector plan amendment to the MU-SD, CC21 (Mixed Use Spcial District, Sutherland Northside) land use classification because it does not meet the requirements for a land use amendment.

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SECTOR PLAN AMENDMENT REQUIREMENTS FROM GENERAL PLAN (May meet any one of these):

CHANGES OF CONDITIONS WARRANTING AMENDMENT OF THE LAND USE PLAN:
1. There have been no changes of conditions in this area along Victory Street, warranting the requested expansion of the MU-SD, CC2 (Mixed Used Special District, Sutherland Northside) land use classification.

INTRODUCTION OF SIGNIFICANT NEW ROADS OR UTILITIES THAT WERE NOT ANTICIPATED IN THE PLAN AND MAKE DEVELOPMENT MORE FEASIBLE:
1. There have not been significant capital improvements on the road or utilities in this area since the Central City Sector Plan's adoption in 2014.

AN OBVIOUS OR SIGNIFICANT ERROR OR OMISSION IN THE PLAN:
1. The current MDR/O (Medium Density Residential/Office) land use classification on the subject property was a deliberate decision in the Central City Sector Plan. This is demonstrated in the description of the requested MU-SD, CC21 classification, which explains how a comprehensive expansion of the mixed use special district for the area between Sutherland Avenue, Division Street and Liberty Street could be considered after further study. No further study has occurred, and so the existing MDR/O classification is not the result of an error or omission.

TRENDS IN DEVELOPMENT, POPULATION OR TRAFFIC THAT WARRANT RECONSIDERATION OF THE ORIGINAL PLAN PROPOSAL:
1. The MUSD, CC21 classification permits commercial land uses, which could result in the encroachment of an incompatible intensity of uses into an occupied residential area. This area along Victory Street has not exhibited new trends in development, population or traffic that warrant such an encroachment.


State law regarding amendments of the general plan (which includes Sector Plan amendments) was changed with passage of Public Chapter 1150 by the Tennessee Legislature in 2008. The law now provides for two methods to amend the plan at TCA 13-3-304:
- The Planning Commission may initiate an amendment by adopting a resolution and certifying the amendment to the Legislative Body. Once approved by majority vote of the Legislative Body, the amendment is operative.
- The Legislative Body may also initiate an amendment and transmit the amendment to the Planning Commission. Once the Planning Commission has considered the proposed amendment and approved, not approved, or taken no action, the Legislative Body may approve the amendment by majority vote and the amendment is operative.