The request to rezone the Biddle Farm, Item 11 of the Farragut Municipal Planning Commission Agenda for November 19, 2020, directly contradicted the “Application for rezoning to Planned Commercial Development District (PCD)” requirements. Specifically, the ordinance states, “This statement shall indicate…how the PCD district would be consistent with the Farragut Comprehensive Land Use Plan Update, Pedestrian and Bicycle Plan, and all other adopted plans and ordinances of the Town of Farragut and any subsequent amendments.” The comment that the applicant will be requesting changes to the text of the PCD Zoning District at the December FMPC meeting is a clear indication that this application was not consistent with the current PCD zoning district.
As well, the concept master plan section of the PCD zoning district states that the master plan “shall demonstrate compliance with the objectives of this district…” PCD objective number 6 requires that the master plan be consistent with all adopted plans and ordinances of the Town. The PCD District permits residential use in the MUTC provided it complies with Chapter 3, Section XII, Paragraph F of the Towns’ zoning ordinance. Sub-paragraph m allows for “Residential, provided located in the upper stories.” The developer provided renderings and building footprints show apartments located on the first floor which is inconsistent with the current zoning ordinance requirements for the Mixed-Use Town Center.
The Town’s recommendation to place conditions on the rezoning request based on potential future text changes is analogous to shooting a deer and then going to get your hunting license. The Town should not have approved a rezoning request that is not consistent with current zoning requirements. The developer cannot be confident in what the final requirements will be and the citizens must have faith that the Town is doing what is best for the Town, not a specific developer. Additionally, the Town should consider the impacts across the entire Mixed-Use Town Center and other parcels when modifying any zoning ordinance. This request should have either been denied, table or modified and resubmitted to comply with the existing PCD District or another applicable district such as the General Commercial District (C-1), the Multi-Family Residential District (R-6 or R-6 OSMFR), or Town Center District (TCD).