[Kim Frazier]

Commissioner Fox,

Have you been in communication with the property owners of the parcels referenced in your resolutions?

I had the opportunity to spend some time in the county archives to review the meeting minutes, related documents, and the VHS recording of the August 26, 2002 County Commission Meeting. The discussion answered many of my questions that were unanswered by the minutes and I am happy to share what I learned.

In 1979, the Schuberts submitted an application to rezone the property from Ag to I. The case was heard at MPC on July 12, 1979 and was denied with a vote of 9-0. The applicant and property owner appealed to County Commission and on August 20, 1980, after several postponements, the 19 member Commission approved the request and rezoned the property from A (Agricultural) to I (Industrial) [7-C-79-RZ]. The property owner had a tenant wishing to store dynamite powder. The tenant did not operate the business long and 7 small storage units were left onsite.

20 years later, Knox County adopted the 2000 Growth Policy Plan.

In 2002, community members reached out to County Commissioners inquiring about the property because the land had not been used for Industrial purposes for nearly 20 years. Some time prior to March, perhaps February of 2002, a request came from the intergovernmental committee in the form of a resolution (02-1-903). Sadly, this record could not be located, but from my research I am assuming that this resolution was a request from County Commission to Planning Commission to act on their behalf to initiate an application to governmentally rezone this parcel. The sponsor was Commissioner Howard Pinkston and the application type was “Governmental Rezoning”.

Planning Commission, at the direction of Director Norman Whitaker, filed an application on March 13, 2002 to rezone from Industrial to Ag and a case number was assigned 4-M-02-RZ. The staff recommended approval because the Industrial zone was out of character with surrounding and agricultural zoning and development. The site was no longer used for industrial purposes and did not align with the growth plan. The sector plan proposes low density and rural residential uses and slope protection for this site. Planning Commission met on April 11, 2002, but this item was postponed to May 09, 2002.

At the May 09, 2002 Planning Commission meeting, the Schuberts, as the property owners were represented by Imogene King with Franz, McConnel & Seymour opposing the governmental rezoning without their consent stating that as the property owners, they would like to continue to look at options for usage for the property to try to be creative. Infrastructure was not there to support Industrial and they asked that the case be postponed until June 13, 2002 or deny. Electricity was never connected and the property was taxed as Agriculture the entire period.
Mr. Bob Dykes with the Doyle Homeowners Association spoke on behalf of the community. A petition was submitted with over 300 signatures. 22 surrounding property owners signed. Mike Brown also spoke referencing the South County Sector Plan. The motion passed 9-0

On August 26, 2002, Knox County Commission considered the recommendation of Planning Commission for governmental rezoning case number 4-M-02-RZ. Director Whitaker presented on behalf of Planning Commission. Mike Moyers was the law director at the time. Arthur Seymour was the counsel representing the property owner, Mrs. Schubert. Mr. Seymour stated that his client had received a letter from Knox County notifying her that her property at 2814 Tipton Station was being rezoned from Industrial to Ag without her consent. Robust discussion followed stating that the request to rezone came out of the intergovernmental committee by resolution 02-1-903 – (missing from the archives). The conversation ranged from unprecedented to spot zoning to correcting an error in the growth plan to lack of use of current zoning for a long period of time. The property was rezoned from I (Industrial) and F (Floodway) to A (Agricultural) and F (Floodway) [4-M-02-RZ] without the consent of the property owner by a vote of 10-7-0-2.

Soon after, Seymour did file suit on behalf of the property owner against Knox County, but withdrew. I reached out to the law firm to verify that records exist.

Really interesting.

[Kim Frazier]

Looking for some clarification:

RE: RLA-16590
Case Summary File # provided is for the Plan Amendment which is related, but not the zoning. Zoning Case File # is I-L-24-RZ

Additionally, the resolution mentions a lease agreement. Can that be provided?

Also, this resolution mentions an active lawsuit. Do any of the other parcels referenced have active lawsuits?
148 049 – TDEC reviewing
138 270
138 274
138 104 – mentions lawsuit

RLA-16588
The resolution mentions an ongoing review by attorneys for TDEC. When will they provide their findings?

Lastly, is 7-W-24-RZ for parcels 138 270,104 at 8802 and 8744 Sevierville Pike also related to these resolutions?

[Kim Frazier]

Thanks very much, Commissioner Fox. This is helpful.

[Kim Frazier]

MENTAL HEALTH FACILITY
Mental health continues to be a growing challenge in Knox County, and we remain the regional support-hub for this type of healthcare. We urge you to push for restoration of the operational funding for the Behavioral Heath Urgent Care Center (BHUCC) and encourage the State of Tennessee to authorize and fund a new in-patient mental health facility in Knox County by providing both capital and ongoing operational funding.

ADEQUATE INFRASTRUCTURE FEES
Under the County Powers Relief Act, counties are prohibited from enacting an impact fee on development or a local real estate transfer tax by private or public act to offset the cost of adequate infrastructure. We request the introduction of legislation that removes restrictions and provides Knox County the option to levy a development or impact fee.

TDOT INVESTMENT
Knox County has a significant number of state routes in need of maintenance, improvement and/or expansion. We request TDOT quickly review all state routes and work with Knox County EPW to prioritize focus and funding, including reducing restrictions on private company design and service contracts to improve project timelines, and review and create new design and engineering standards that allow more pedestrian and community connectivity. Additionally, we request TDOT reconsider a bypass route that would help divert pass-through traffic around our urban corridor. Lastly, we request TDOT to install overhead lighting at the I-40 and Pellissippi Pkwy (I-140) interchange as it is the only major interchange that is not lighted in Knox County.

FUNDING OF PURCHASE OF AGRICULTURAL CONSERVATION EASEMENT PROGRAMS (PACE).
Tennessee does not have a PACE program. PACE programs compensate property owners for keeping their land available for agriculture. Typically, PACE programs consider the quality of the soil, threat of development or fragmentation, and the overall future agricultural viability. According to the American Farmland Trust, Tennessee has recently been named the third fastest at losing farmland to non-agricultural purposes in the nation. Last year, Farm Bureau added policy to urge the Tennessee Department of Agriculture, University of Tennessee, and Farm Bureau to study and evaluate solutions for farmland loss.

SALES TAX ADMINISTRATION FEE
On every sale in Knox County, the local option sales tax portion (2.25%) is sent to the State of Tennessee, then returned to Knox County after 30 days. To perform this function, the State charges Knox Co. a 1.125% administrative fee. With the advent of improved technology and automation practices, we feel the fee is egregious and ask for you to work on a plan to reduce the administrative fee to a maximum of 0.5%.

PUBLIC SAFETY
We ask that you work to increase the funding reimbursement for holding state prisoners in the Knox County Detention Facility. Currently, the state reimbursement rate is $41.00/day but the average daily cost per prisoner for housing and healthcare is $73.45/day. The State of TN is mandated to pick up state prisoners within 14 days, however, Knox County’s average length of stay for a state prisoner before pickup is 242 days. This delay results in a significant cost burden to the citizens of Knox County.

COMMERCIAL PROPERTY TAX REDUCTIONS
Large commercial and industrial property owners (e.g. big-box stores) are increasingly appealing their property tax rates directly to the State of Tennessee and seeking significant tax liability reductions through third-party solicitors. This practice continues to shift the financial burden to local taxpayers and increases pressure on residential homeowners, commercial businesses, and rural farm owners. We urge you to find ways to mitigate this State level direct-appeal practice without local engagement with the County Property Assessor.

FIRE PROTECTION
Please consider pushing for a rewrite of the statute regulating rating agencies (e.g. ISO) so that the term “subscription fire department” refers to all fire departments that receive revenue from subscriptions, regardless of whether they respond to non-subscriber calls or not. This is important because the local ISO representatives are not enforcing their own regulations, which ultimately punishes both the fire departments and subscribers. If the reduced insurance premiums (based on being a subscriber) is given to everyone, whether they are a subscriber or not, it disenfranchises customers and places additional financial stress on the fire protection entities.

EDUCATION
The new Tennessee Investment in Student Achievement (TISA) Act only mentions a start date of the 2023/2024 school year. We request continuation of TISA for a minimum of 10 years to ensure Knox County Schools has adequate funding to operate without requiring the county to fill any gaps.

FARM BILL
The farm bill is an omnibus, multiyear law that governs an array of agricultural and food programs. It provides an opportunity for policymakers to comprehensively and periodically address agricultural and food issues.

From Farm Bureau:
The farm bill is a package of legislation passed roughly once every five years that has a tremendous impact on farming livelihoods, how food is grown, and what kinds of foods are grown. Covering programs ranging from crop insurance for farmers to healthy food access for low-income families, from beginning farmer training to support for sustainable farming practices, the farm bill sets the stage for our food and farm systems. We should advocate for family farmers and sustainable agriculture by ensuring that this important bill is good for farmers, consumers, and for the natural environment.

Every five years, the farm bill expires and is updated: it goes through an extensive process where it is proposed, debated, and passed by Congress and is then signed into law by the President. Each farm bill has a unique title, and the current farm bill is called the Agriculture Improvement Act of 2018. It was enacted into law in December 2018 and expires in September 2024.

The original farm bill(s) were enacted in three stages during the 1930s as part of President Franklin Delano Roosevelt’s New Deal legislation. Its three original goals – to keep food prices fair for farmers and consumers, ensure an adequate food supply, and protect and sustain the country’s vital natural resources – responded to the economic and environmental crises of the Great Depression and the Dust Bowl. While the farm bill has changed in the last 70 years, its primary goals are the same.

Our food and farming system confronts new challenges today, but through citizen and stakeholder action for a fair farm bill, we can ensure the vibrancy and productivity of our agriculture, economy, and communities for generations to come.

[Kim Frazier]

Thank you for the reminder, Madam Chair.

[Kim Frazier]

Additional notes to 18. & 19. 8-F-24-PA / 8-L-24-RZ, Graham, 10801 Hardin Valley, District 6
The County road improvement plan did not include a center turn lane in this area. Room to improve the road is extremely tight in this area due to the lack of right of way and grade change on the north side (retaining wall). I’d suggest we require the developer to donate all right of way and easements needed for the upcoming project, which will have to increase to make a 5 lane, which will directly benefit him solely. Also, until he can obtain an easement from the adjoining owner, and access the signal, I would also require his access to be at the far west end of his property only.

[Kim Frazier]

Yes

[Kim Frazier]

Madam Chair,

Please return agenda item #33 back to consent. I am satisfied with the discussion held at the review mtg.

Please keep agenda item #22 on non-consent as we will hear from KCS at the regular voting meeting.

[Kim Frazier]

Please pull agenda items 22 and 32

[Kim Frazier]

Please rescind:

Page 59. Add section To Support This Policy: Suggest adding a new action item as inspired by the Middle TN Coalition of 9 Counties – “Greater Nashville Regional Council” – that this is just good data to consider. Additional language to read: “Further maintain a group of GIS layers that depict Environmentally Sensitive Areas including prime agricultural soil, historic resources, floodways & floodplains, Hillside / Ridgetop Protection Area, rare and endangered species, protected areas, conservation areas, surface water, wetlands, and other pertinent features, and use this map layer when evaluating plan amendments, rezonings, and development plans.”

Director Brooks states that Knox County currently does this, so this may be unnecessary. Planning Staff will review and provide guidance.

[Kim Frazier]

I mentioned that I would provide a sample policy regarding recreational space. This is from Germantown:

https://library.municode.com/tn/germantown/codes/code_of_ordinances?nodeId=PTIICOOR_CH17SU_ARTIIIMIDEST_S17-60PA

[Kim Frazier]

ITEMS RESCINDED from consideration

Page 37. Rural Living. Land Use Mix. Primary Uses. Suggest adding language to clarify types of structures that are appropriate and are not. Original suggestions was to add “detached”. Director Brooks was asked to provide guidance. Frazier rescinds. “Residential, Single family detached”.

ITEMS FOR DISCUSSION ON NON CONSENT REVISED BY AUTHOR
Page 71. Updating and Tracking. Add language under TEN YEARS to read: “Schedule a major update to the Comprehensive Plan and review changes in suitability factors”.

Page 72. Additional Implementation Actions. Criteria For Plan Amendment. (blue column)
Amend number of criteria that apply from 1 to 2 in support of the recommendation from the consultants and leadership team to read: “If an obvious or significant error or omission in the Plan or if two or more criteria apply, it may be appropriate to update the Plan:”
Add language in the last bullet point to read: “The proposed changes support the policies outlined on page 52 and 53, goals, objectives, and criteria of the Plan.”

[Kim Frazier]

The Greater Nashville Regional Council, March 2024 Conference “Implications of Regional Growth Trends” define environmentally sensitive areas as:

Environmentally Sensitive Areas:
• Prime Agricultural Soils
• National Register of Historic Places
• National Flood Hazard Floodways &
Floodplains
• Steep Slopes (>15%)
• Rare & Endangered Species
• Protected Areas & Conservation Areas
• Surface Waters
• Wetlands

[Kim Frazier]

Link to the USGS soil map as requested:

https://pubs.usgs.gov/imap/0767h/plate-1.pdf

[Kim Frazier]

Commissioners,

Here is the link to the proposed Future Land Use Map:

https://knoxgis.maps.arcgis.com/apps/instant/basic/index.html?appid=64d44f6354e349c9b4cf08470400f174

[Author]

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