August 5, 2025 County Planning/Zoning Commission

1. Future Land-Use Plan by Gresham Smith

  • Background
    • Prepared by Gresham Smith.
    • Confirmed via public records request: $174,000 paid to date (approx. $50,000 from a grant).
    • Estimated cost equates to $4,000–$5,000 per page of the final report depending on how you count pages.
  • Nature of the Document
    • Clarified as a guide, not zoning law.
  • Minimum Lot Size Discussion
    • Current guide recommends 5 acres minimum for agricultural zones.
    • Motion proposed to reduce recommendation to 1 acre for building a home (applies to existing properties).
    • Motion seconded, but vote postponed—commission stated they were not ready to decide.
    • Key Argument:
      • Keith Nash: land-use plan does not affect zoning resolutions.
      • Counterpoint: While technically advisory, the plan will influence zoning decisions.
      • Article 1 Section 1-104 of the current subdivision regulations states the following:
        • It is hereby declared to be the policy of the planning commission to consider the subdivision of land and development of a subdivision plat as subject to the control of the adopted land use or community development plan (hereinafter referred to as "land development plan") of the jurisdictional area for orderly, planned, and efficient physical and economical development
    • Community Concerns:
      • Many residents want flexibility to split off 1–2 acres for family members.
    • Next Steps:
      • Plan to present specific amendment examples at the next meeting for public comment.

2. Proposal for Civil Engineering Review of Site Plans

  • Proposal by Andy Maddox
    • Place a civil engineering firm on retainer to review site plans.
    • Costs to be passed on to the developer, not the county.
    • Unclear if this applies to both residential and commercial developments or just commercial.
  • Authority Question
    • Some indicated the mayor’s office could implement without Planning Commission or County Commission action since there is no county budget change.
    • Initial review of Tennessee law suggests this may require Planning Commission and County Commission approval as a significant procedural change in zoning/site plan review.

I had ChatGPT5 analyze the text of Section 13-3-413 and asked if the type of change proposed by Mr. Maddox would require approval from the Planning Commission and County Commission.

Yes — based on the law you posted, a change to require outside civil engineering review for site plans (at the applicant’s expense) would almost certainly need both:
County Planning Commission involvement – because
  • Subsection (a) says the regional (or county) planning commission has the power to “promulgate provisions in its subdivision regulations” and “recommend amendments to the zoning ordinance” for site plan review and approval powers.
  • A change to who reviews site plans (adding an outside civil engineer requirement) is a procedural and regulatory change to site plan review — it falls under subdivision regulations and/or zoning ordinance requirements.
  • If the requirement is inserted into subdivision regulations, the planning commission can adopt it directly.
  • If it is inserted into zoning ordinance provisions (which is often the case for site plan review requirements), the planning commission can only recommend the change — final adoption would be by the county legislative body.
County Commission (legislative body) approval – because
  • Any amendment to the zoning ordinance must be passed by the county legislative body after recommendation from the planning commission (per Tennessee zoning law, separate from the vested rights section you posted).
  • If the change is implemented in the zoning ordinance rather than only in subdivision regulations, the county commission must vote to adopt it.

Another AI analysis of the law from Cursor IDE agent.

Based on my review of the Tennessee Code document, I can provide you with a clear answer about what would be required for the changes you described.

The mayor and county inspector CANNOT make these changes on their own. Here’s why:

Key Requirements from the Law:

  1. Planning Commission Authority: Section (a) clearly states that “A regional planning commission shall have the power to promulgate provisions in its subdivision regulations and recommend amendments to the zoning ordinance for the establishment of review and approval powers for site plans…”
  2. Local Government Approval Required: The law repeatedly refers to “local government” approval throughout, and specifically mentions that changes must be made “by ordinance or resolution” (see sections (e) and (h)).
  3. Zoning Authority Limitations: Section (g)(3) states that “This section shall not preclude, change, amend, alter or impair the authority of a local government to exercise its zoning authority” - meaning zoning changes must follow proper procedures.

What This Means for Your Situation:

Requiring developers to use a designated civil engineer and pay associated fees would constitute a change to:

  • Development standards (as defined in section (k)(4))
  • Subdivision regulations
  • Zoning ordinance provisions

Required Process:

  1. Planning Commission: Must review and recommend the changes
  2. County Commission/Legislative Body: Must approve the changes by ordinance or resolution
  3. Public Process: These types of regulatory changes typically require public notice and hearings

The mayor and county inspector acting alone would not have the legal authority to implement such changes, as they would be modifying established development standards and regulatory requirements that affect property rights and development processes.

Bottom Line: This type of change requires formal approval through the county’s legislative process, not administrative action by individual officials.