Mon
Jan 5 2009
12:03 pm

Knox County Commission recently voted unanimously to instruct MPC that it was the sense of the Commission that landscape businesses were an inappropriate use for Agricultual zoning.

Nevertheless, MPC went to BZA and once again was told about the vote of the Commission. Now it is hanging its hat on misreading some words said there, and proceeding with an amendment to the Knox County Zoning Ordinance to add landscape businesses as a use permitted on review in the Agricultural zone.

MPC will meet tomorrow, Tuesday, at 5:30pm in the Small Assembly room of the City County Bldg. It will specifically address this matter, and its normal agenda meeting in advance of its January 8th meeting, 1:30pm, City-County Bldg. Main Assembly Room.

I trust those who care about this matter, and about respecting the expressed will of elected bodies, will show up at the Tuesday meeting.

--Mark Harmon, County Commissioner, District 2

jbr's picture

Is this the unanimous view

Is this the unanimous view of the MPC commissioners? If not, any idea who voted for and against? Is there somewhere on the web sites where the public can see who on MPC, CC etc. voted for and against all items they vote on?

Rachel's picture

The MPC minutes are on the

The MPC minutes are on the MPC website, although the December ones aren't there yet (and they should be). (link...)

lc's picture

Minutes for December must be

Minutes for December must be approved by vote in January meeting. They should be added to the web site once approved by MPC Commish.

lc's picture

P.S. Every vote is recorded

P.S. Every vote is recorded in the minutes.

Rachel's picture

Yes, but they're just vote

Yes, but they're just vote totals, not individual votes. Correct?

lc's picture

Unless it is a roll call

Unless it is a roll call vote.

lc's picture

The December minutes are now

The December minutes are now published to the web......

(link...)

Lisa Starbuck's picture

Nobody Knows About This Meeting

Instead of contacting the county neighborhood groups or the affected homeowners directly about a meeting as they were asked to do by County Commission at it's Nov. 17th meeting, MPC staff chose to announce this public input meeting only through a notice in the newspaper, which I didn't see. Evidently they didn't think highly enough of it to put it on their own calendar either.

I can't attend the meeting because of prior commitments, but I have emailed my concerns to both MPC and County Commissioners.

The proposed ordinance change, which would allow Use on Review to permit landscaping businesses to operate on land that is zoned AG, is a really bad idea. There are already multiple homeowners who are being severely impacted by landscape companies who have been operating illegally on AG land.

As you can see from the staff report, MPC staff is recommending changes that would allow landscape companies to operate 7 days a week and does not limit the number or types of equipment that can be permitted in the ordinance, relying instead on the Use on Review process to decide what is appropriate. A big chunk of the county is zoned AG, especially the county's rural residential areas, so this is a real problem.

Maybe it's time to differentiate between residential and non-residential AG uses and create appropriate zones for each. There are certainly some permitted uses under the current AG zone that are almost as bad as landscape companies, so I would be in favor of revisiting this whole AG zoning concept. Since this is an issue that has the potential to affect thousands of homeowners, it should be an inclusive and open process, deserving of a taskforce or workgroup to throughly study the AG zone and recommend any changes if needed.

And jbr, I don't know of any place where votes are recorded except maybe in meeting minutes?

Mark Harmon's picture

MPC

MPC is in progress, declaring use-on-review a virtual panacea, and treating all opponents to this measure rather badly. It looks like the pressure is on to push this one through, but its possible the item could be removed from the agenda, or delayed at the regular meeting. Attorney John King is in the audience. Larry Van Guilder is here reporting. One of the late speakers raised a good point about use-on-review not as strong or lasting as a firm rule/ban. Dave Wright speaking now. He suggests sending questions to commission. No other commissioners present. Council member Bob Becker was here for the early part.

Mark Harmon

Rachel's picture

Ok, I'm confused. Did MPC

Ok, I'm confused. Did MPC just decide to propose this zoning change? Or did BZA ask them to look into it? What's the history and context?

Thanks.

lc's picture

This started at BZA - MPC

This started at BZA - MPC shouldn't take the hit on this one.

FED UP's picture

LUMPY THE DOORMAN

LUMPY IS FOR THE ZONING ATTORNEYS THAT CANNOT GET COMMERCIAL REZONING APPROVED> THIS IS A BACK DOOR INTO THE AGRICULTURE ZONE THAT LUMPY IS TRYING TO PROVIDE FOR HIS BUDDIES. PLAIN & SIMPLE. SHAME ON LUMPY.

Nobody's picture

BZA's Baby

Yes, this was the BZA's (specifically Lumpy's) doings. A landscape business couldn't get the agriculturally zoned property they have been illegally operating on for several years rezoned to commercial, so the BZA is trying to get the MPC to change the law for them.

jbr's picture

One of the remnants of the

One of the remnants of the old mechanism, BZA,

(link...)

still trying to work their old time magic.

Maybe Knox County should remove this line from their web page

"The Knox County Board of Zoning Appeals is comprised of nine members of the County Commission."

Could any ruling by BZA be voided because of non-eligible members?

rocketsquirrel's picture

If MPC passes this, we can

If MPC passes this, we can then sell lawn jockeys, pink flamingos, and concrete trolls under AG zoning in the county, right? After all, they're just landscape material...

lc's picture

The current uses permitted

The current uses permitted by right and by use on review can be found in the Knox County Zoning Ordinance:

(link...)

See 5.22 Agricultural Zone

5.22.02 lists uses permitted

5.22.03 lists uses currently permitted via Use on Review process

I think most people are very surprised to see what's already on the list......

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