05/06/2019
COMMUNITY FORUM ALERT ----- MAY 5, 2019
URGENT UPDATE ON RECODE KNOXVILLE----ACTION REQUESTED
Community Forum is writing to request your help. Please contact all City Council members to ask that they POSTPONE their consideration/vote on Recode Draft 5 at a Special Meeting on May 14, 2019, at 3 PM. Recode re-writes the entire Knoxville Zoning Ordinance and affects the use of every piece of property in Knoxville. Draft 5 is 425 pages long, and was only made available to the public online on May 1, 2019. There is not sufficient time to Review Draft 5 and offer comments on many new changes in Draft 5 before May 14, 2019.
BACKGROUND:
Community Forum, founded in 1987, is an organization with members from many neighborhoods in the City of Knoxville and Knox County. The purpose of Community Forum is to promote community improvement via neighborhood/community associations, and to encourage full citizen participation in community planning and governmental processes. We advocate for protecting the integrity and character of our neighborhoods.
Community Forum previously sent an Alert to the City’s neighborhood associations about Recode on July 10, 2018. That Alert provided some introductory information about Recode and specifically about Draft 1, which was released on March 21, 2018. The Alert identified seven specific issues, including accessory dwelling units, planned developments, hillside and ridgetop protection. These issues were addressed as part of Community Forum’s comprehensive Response to Draft 1. Community Forum submitted similar responses for the next 3 drafts to City Council and Recode Knoxville.
RECODE UPDATE:
On April 23, 2019, a Special Meeting of City Council was called by Mayor Rogero for Tuesday, May 14, 2019, at 3 PM, to consider and vote on Recode on first reading.
On May 1, 2019, Draft 5, along with the latest version of the Maps, were released on line to the public and City Council members at Recodeknoxville.com. Some people reported they could not access it on line for a few days due to technical problems with the site. A few people now have hard copies of Draft 5.
PURPOSE OF THIS ALERT:
On April 29, 2019, Community Forum wrote a letter to City Council members requesting that at the Special Meeting on May 14, 2019, City Council should immediately vote to POSTPONE consideration of Recode for a minimum of 30 days after the hard copy of Draft 5 was available to the public, and to request a Workshop to discuss Draft 5. SEE ATTACHED LETTER which details the reasons for this request to Postpone.
Community Forum urgently requests that your organization and your members join Community Forum’s effort and immediately contact all 9 City Council members to urge them to vote on May 14, 2019, to postpone consideration of Recode. This is necessary in order to allow adequate time for the public and City Council to review all the changes made to December’s Draft 4, which are now included in Draft 5, along with many totally new items in Draft 5. We urge attendance at the Special Meeting on May 14, 2019. If you live in Councilman Andrew Roberto’s West Knoxville, second district, you are invited to attend his Town Hall meeting to discuss Recode, on Thursday, May 9, 2019 at 6 PM at Holly’s Gourmet Market, 5107 Kingston Pike.
The public must have reasonable time to analyze Draft 5, and offer comments to City Council members. Few people even know about the Special Meeting on May 14 or what is in Draft 5. Likewise, City Council members should not be rushed into voting until they have sufficient time to meet with their constituents and to draft and distribute amendments to Draft 5.
Before approving the Recode Zoning Ordinance, which controls all zoning matters and future development in the City of Knoxville, the public and City Council must understand exactly what the rationale is for any significant changes from our existing Zoning Ordinance. It must be clear what the impact would be on all 73,000 parcels of land in the City of Knoxville, as well as on adjacent properties and entire neighborhoods. There has been too little discussion to date on these issues, and almost no explanation for why drastic changes are being made throughout Recode.
Community Forum is working hard to put together a preliminary Response to Draft 5. In just the few days we have had access to Draft 5, we have already identified many important additions that have appeared out of the blue, literally in blue ink, for the first time. Where did they come from? Who decided to add these things? Don’t they need to be discussed?
This rushed process is not transparent at all, and is legislating at its worst. It is not fair to try to rush this vote before people even know what has been changed or given reasonable time to submit a response by the deadline of May 10, in order for it to be considered by City Council on May 14. Those new additions and revisions in Draft 5 have not yet been discussed or debated by City Council or the public at any public meeting. It is absurd and outrageous to expect anybody to understand all of these new changes in two weeks’ time, not to mention for our legislative body, the City Council, to be expected to make an informed decision on how to vote on this 425 page document or amendments to it. This document requires legal vetting by City Council’s counsel to be sure it is enforceable and does not conflict with state or federal laws.
Please do not be fooled by erroneous statements that claim the City can always fix mistakes in Recode at a later date without negative consequences. Due to the State of Tennessee’s law on grandfathering, development applications, once approved under the Recode Ordinance, cannot be reversed. The City just can’t force the tearing down of a new building, or an accessory dwelling unit, or stop a new subdivision under construction, just because the Ordinance is amended later to fix a problem in it. They are grandfathered in.
Please do not be fooled by statements that we have already spent two years on Recode, so it is time to vote on it. Draft 1 was only published 13 months ago on March 21, 2018. Most people had no idea what was in it for many more months. Subsequent drafts, each with significant revisions, came out in July, October, and December 2018. City Council held three lengthy workshops on February 7, February 20, and April 4, 2019, several weeks before Draft 5 even came out. These were the only times City Council could publicly discuss specific Recode issues as a group due to the Sunshine Law. Only occasionally in these workshops was there an obvious consensus among City Council members on a subject, and not all Council members were present for portions of the workshops.
Recode, with continuous major revisions, has been a moving target for the past year. Some sections have been changed in numerous drafts in small and large ways. Some sections have had total replacements. Most important for today’s situation is that new changes in Draft 5 were seen by nobody until May 1, 2019. It makes no sense to rush this through in two weeks’ time when there is no justification or necessity for doing so on this timetable. We already have a Zoning Ordinance that can be used a little longer.
We need City Council to take whatever time it takes for them to get this right. They, not Mayor Rogero, should control their timetable and process. Please spread the word about this very important issue with others. We need you to share your concerns with City Council members. It takes 5 votes to get a Postponement. City Council members need to hear from their constituents immediately. Your message can be very short and direct to respectfully request a postponement on May 14, 2019.
If you have any questions about Recode, you can contact Community Forum at [email protected]. Please contact your City Council members with your questions and concerns about this process/timetable or the substantive content in Recode. Please attend the special meeting on May 14, 2019, at 3 PM.