By Tabitha Evans Moore
EDITOR & PUBLISHER
LYNCHBURG, Tenn. — A proposed one-year moratorium on new residential subdivisions in Moore County passed first reading Monday night. But the Metro Council will not take a final vote until December, so that the public and those potentially affected can be adequately notified.
Metro Attorney Bill Rieder advised the council to treat the moratorium as an amendment to the zoning ordinance. That means a published public notice, a public hearing, and a second vote by the Metro Council.
“My suggestion is to make sure that it is effective and can withstand a challenge, we need to have a public hearing on it and put a public notice of that public hearing,” Rieder said. “Otherwise, it can be challenged as several things are now.”
Under the current ordinance, Rieder said, “somebody can go in and present an application and it will be considered. This is changing that because it is essentially putting that on hold for a year.” Without a hearing, he said, if someone rejected under the moratorium went to court, “it’d be difficult to prevail.”
Rieder said he believed the notice must run 21 days before the meeting. Planning and Zoning Commission Chairman Dexter Golden, who also serves as council chair pro tem, said a notice in next week’s newspaper would leave the council short of 21 days before its November meeting. Chairperson Amy Cashion said the public hearing and second reading would be held in December.
FOUR OR MORE RESIDENCES ON A SINGLE PARCEL
The written proposal would impose a one-year moratorium “on the acceptance, processing, consideration, and approval of applications, and the issuance of associated permits, for major and minor subdivisions.” It covers residential development, “including single-family homes, townhomes, duplexes, and apartments,” unless the council grants an exemption.
Its stated purpose is to give the metro government time to update its comprehensive plan, review whether roads, water, wastewater, storm water, public safety, sanitation and schools can handle more growth, and rewrite zoning and subdivision rules. Later in the same meeting, Metro Mayor Sloan Stewart sad solid waste needed to be added to the list of infrastructure items to be considering when weighing the overall community benefit of continued growth in Moore County as volume continues to grow, and prices continue to rise.
Golden described the measure Monday as a hold on four or more houses build on a single parcel of land. He said it could be lifted early.
“If something changes within that year, and we get the book completed, say in six months, it doesn’t have to go the full year,” he said.
It applies to both major and minor subdivisions and runs for one year. It includes no exemption for land passed to family members. Any exemptions would come “by action of the Metropolitan Council.”
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Golden said the commission chose not to include commercial development so it would not discourage new businesses.
“We didn’t want to stop growth in commercial,” he said. “Somebody trying to start a business in the county. We wanted to make sure that was still available.”
New council member Brandon Ross asked why commercial development was not also included. Robert Bracewell responded that residential development is what adds demand on EMS, schools and services.
Council members were told that a pending application, such as the Tanyard Hill rezoning that passed first reading earlier in the meeting, would not be affected. Rieder said the moratorium would remain only a pending measure until final passage.
Peggy Blackburn made the motion to approve the moratorium and Shane Taylor seconded it. Blackburn, Taylor, Robert Bracewell, Arvis Bobo, Amy Cashion. Dexter Golden, John Oosting, Jayson Estfon, Bradley Dye, Brady Goodwin, Regina Adcock and Sunny Rae Moorehead all voted in favor and it passed unanimously 13-0. Payton Keller and Douglas Carson were absent from the meeting.
The council also passed on first reading an ordinance adding mobile home parks to the uses allowed as special exceptions in the R-2 residential district. Mobile home parks would still require approval from the Board of Zoning Appeals and would be regulated under the ordinance’s existing mobile home park standards. Rieder said that change should also get a public notice and public hearing before final passage. Golden made the motion and Blackburn seconded it. It passed unanimously.
The Metro Council meets on the third Monday of each month at 6:30 p.m. at the American Legion Building off Highway 129. There is a designated public comment section at the beginning of each meeting. To be added, contact Metro Mayor Stewart’s office at 931-759-7076. •
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