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Commission committee advances third reading of major UDC text amendment (ZTA 24‑2) after questions on neighborhood plans and administrative authority

Shelby County Board of Commissioners (committee hearings) · August 21, 2024
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Summary

The committee heard the third reading of ZTA 24‑2 to amend the Memphis & Shelby County Unified Development Code. Planning staff said current neighborhood plans listed in the code will remain and that new plans can be registered; an administrative path increases permitted setback encroachment from 10% to 20% in limited circumstances, prompting questions about public‑hearing loss.

The Land Use, Planning, Transportation and Codes committee advanced the third reading of ZTA 24‑2, a package of changes to the Memphis and Shelby County Unified Development Code covering items including commercial mobile communications, towers, food trucks, public notice, neighborhood plan recognition and signage.

John Zena of Planning & Development told the committee there were no new changes since the last reading and that the city council approved the item on its third reading the previous evening. On neighborhood plans, Zena said "the plans that are currently listed in the UDC as of today will remain" and that new plans not presently listed may be registered through a new program being created in Planning & Development. "That is incorrect" when a commissioner asked whether existing plans would be scrapped, Zena said, adding the list will remain intact.

Commissioner Brooks pressed staff on the increase in administrative authority tied to a proposed change that would allow up to a 20% setback encroachment to be approved administratively rather than by the Board of Adjustment. Zena said the change increases administrative approvals for very minor encroachments — generally inches — and that the 11 cases that had used the administrative path previously were approved on consent with no public comments.

Commissioner Sugarman asked for a separate session to explain differences between zoning code changes and zoning maps and said constituents were concerned about payday‑lending, gas station and storage facility proliferation; staff agreed to a further briefing. The committee recorded a favorable recommendation and the item will proceed to the full Commission.