BACK

(Note: So far Commission has refused to adopt the Property Tax Freeze program for Seniors and the question is WHY? Anderson, Knox, Roane, Blount, Sevier and Campbell are just but a few of the counties that have adopted the tax freeze for seniors so why not Loudon County? Please click Property Tax Freeze program for Seniors  Chairman Roy Bledsoe will lead the discussion on Agenda Item #5 Noise Ordinance. This issue was discussed last month, please click Pancho Villa Uprising - Stamping out noise -Pat Hunter)

 

Loudon County Commission Workshop

Monday, September 22, 2008

County Office Building

6:00 pm

1. This is the time for audience members to speak on items on or not on the agenda.

 

2. Loudon County Planning – Russ Newman

 

a. Request Consideration of Approval to Abandon .2 Miles of Tivoli Drive, Located

off Waller Ferry Road between Interstates 40 & 75, adjacent to Properties

Located on Tax Map 9, Parcels 40.00, 41.00, 42.00, 53.00, 44.00, 45.00 & 46.00

Located in the 5th Legislative District.

Applicant: Loudon County Road Commissioner [08-08-185-TR-CO]

 

b. Request Consideration of Amendment to Loudon County Zoning Resolution to

Add Stream Buffer Regulations.

 

c. Request Consideration of Approval of Rezoning Approximately .82 Acres of

Property Located on Hwy 321 S. from A-2, Rural Residential District to C-2,

General Commercial District, referenced by Tax Map 27, Parcel 142.00, 3rd

Legislative District. Owner: Walter McGroary [06-10-210-RZ-CO] (This Item was

tabled in June 2007 Pending the Demolition of the Existing Structure)

 

3. Loudon County Economic Development – Pat Phillips

a. Request Consideration of Approving the Sale of Approximately 0.63 Acres of

Certain Real Property Located in the Centre 75 Business Park to WH Capital,

L.L.C.

 

4. Ambulance Service Update – Dennis Rowe

 

5. Noise Ordinance - Chairman Roy Bledsoe

 

6. Planning Inter Local Agreement – Commissioner Miller

 

7. Tennessee Property Tax Freeze Act – Commissioner Shaver

 

8. Building Code Amendments – Building Commissioner, Bill Cox

 

9. Any Other Items

 

 

*****************************************

 

RESOLUTION

A RESOLUTION ADOPTED BY THE LOUDON COUNTY COMMISSION ABANDONING AN

APPROXIMATELY .2 MILE SECTION OF TIVOLI LANE, LOCATED OFF

WHITE WING ROAD ON LOUDON COUNTY TAX MAP 9,

ADJACENT TO PARCELS 40.00, 41.00, 42.00, 43.00, 44.00, 45.00 AND 46.00

WHEREAS, the chief legislative body of the county has the authority, under Tennessee Code Annotated, to

accept the dedication of roads, close existing roads, adopt standards for the acceptance of new roads and reopen

previously closed or abandoned roads; and

WHEREAS, the Loudon County Regional Planning Commission has received for review a request from

owners of property located adjacent to a .2 mile section of Tivoli Lane, requesting the closure of that roadway or

segment on Tax Map 9, Parcels 40,00, 41.00, 42.00, 43.00, 44.00, 45.00 and 46.00

WHEREAS, applicant feels the described roadway has no present nor future public use, and desires that any

county encumbrance caused by the presence of the road bed be removed; and

WHEREAS, identified affected property owners were notified and a public notice and description of the

request appeared in the Loudon News Herald on August 27 & 28, 2008, consistent with the provisions of Loudon

County’s Procedure for Closing a Public Road; and

WHEREAS, the Loudon County Regional Planning Commission has reviewed this matter, including the

recommendation of the County Highway Superintendent, and based on its investigation has determined that the

closure of said road will not adversely affect any property owners or the present or future function of the County’s

roadway system, and recommends the closure of said road, described as follows:

Tivoli Lane, approximately .2 miles, located off White Wing Road, located on Tax Map 9, Parcels

40.00, 41.00, 42.00, 43.00, 44.00, 45.00 and 46.00, situated in the 5th Legislative District, being more

specifically shown on the attached map, incorporated herein.

WHEREAS, the County Commission feels the closure of the roadway is not detrimental to the community

or to the present or future function of the County roadway system;

NOW, THEREFORE, BE IT RESOLVED by the Loudon County Commission, in regular session

assembled on this 6th day of October, 2008, that the aforedescribed section of the roadway is hereby closed, with

any interest the County has in the roadway being hereby relinquished as provided by law.

BE IT FURTHER RESOLVED that although the only legal requirement of the County Commission is to adopt a

resolution closing the described roadway, upon a request by an adjacent landowner, and upon review by the County

Attorney and a determination that, in the attorney’s opinion, the execution of a Quitclaim Deed evidencing the

release and conveyance of any interest the County might have in the aforedescribed roadway would not adversely

affect the rights of any property owners, the Loudon County Executive is hereby authorized to execute a Quitclaim

Deed for the roadway (or the portion thereof) hereby authorized to be closed, upon the payment of attorney’s fees

and any expenses involved by the applicant.

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately, the public welfare

requiring it.

This Resolution adopted ________, 2008

________________________ ___________________________

Attest, County Court Clerk Loudon County Chairman

_______________________________

Approved: Loudon County Mayor

The vote on the question of approval of this Resolution by the Planning Commission is as follows:

APPROVED: _______0_______

DISAPPROVED: ____11_______

_______________________________________

ATTEST: SECRETARY, LOUDON COUNTY

REGIONAL PLANNING COMMISSION

DATE: August 19, 2008

FILE 08-07-185-TR-CO

1

LOUDON COUNTY ZONING RESOLUTION

ARTICLE 4: SECTION 4.250

STREAM BUFFER REGULATIONS

Section 1. Findings and Purposes

1.1. Findings

Whereas, Loudon County finds that buffers adjacent to streams provide numerous

benefits including:

(1) Protecting, restoring and maintaining the chemical, physical and biological,

integrity of streams and their water resources

(2) Removing pollutants delivered in urban stormwater

(3) Reducing erosion and controlling sedimentation

(4) Protecting and stabilizing stream banks

(5) Providing for infiltration of stormwater runoff

(6) Maintaining base flow of streams

(7) Contributing organic matter that is a source of food and energy for the

aquatic ecosystem

(8) Providing tree canopy to shade streams and promote desirable aquatic

habitat

(9) Providing riparian wildlife habitat

(10) Furnishing scenic value and recreational opportunity

(11) Providing opportunities for the protection and restoration of greenspace.

1.2. Purposes

It is the purpose of this regulation to protect the public health, safety, environment and

general welfare; to minimize public and private losses due to erosion, siltation and water

pollution; and to maintain stream water quality by provisions designed to:

2

(1) Create buffer zones along the streams of Loudon County for the protection of water

resources; and,

(2) Minimize land development within such buffers by establishing buffer zone

requirements and by requiring authorization for any such activities.

Section 2. Definitions

“Buffer” means, with respect to a stream, a natural or enhanced vegetated area

(established by Section 4.1.1 below), lying adjacent to the stream.

“Impervious Cover” means any manmade paved, hardened or structural surface

regardless of material. Impervious cover includes but is not limited to rooftops, buildings,

streets, roads, decks, swimming pools and any concrete or asphalt.

“Land Development” means any land change, including but not limited to clearing,

grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting

and filling of land, construction, paving and any other installation of impervious cover.

“Land Development Activity” means those actions or activities which comprise,

facilitate or result in land development.

“Land Disturbance” means any land or vegetation change, including, but not limited to,

clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating,

transporting and filling of land, that do not involve construction, paving or any other

installation of impervious cover.

“Land Disturbance Activity” means those actions or activities which comprise,

facilitate or result in land disturbance.

“Floodplain” means any land area susceptible to flooding, which would have at least a

one percent probability of flooding occurrence in any calendar year based on locally

adopted flood plain maps.

“Parcel” means any plot, lot or acreage shown as a unit on the latest county tax

assessment records.

“Permit” means the permit issued by Loudon County required for undertaking any land

development activity.

“Person” means any individual, partnership, firm, association, joint venture, public or

private corporation, trust, estate, commission, board, public or private institution, utility,

cooperative, city, county or other political subdivision of the State, any interstate body or

any other legal entity.

“Protection Area, or Stream Protection Area” means, with respect to a stream, the

combined areas of all required buffers and setbacks applicable to such stream.

“Riparian” means belonging or related to the bank of a river, stream, lake, pond or

impoundment.

“Setback” means, with respect to a stream, the area established by Section 4.1.2

extending beyond any buffer applicable to the stream.

State Waters” means any and all rivers, streams, creeks, branches, lakes, reservoirs,

ponds, drainage systems, springs, wells and other bodies of surface or subsurface water,

natural and artificial, lying within or forming a part of the boundaries of the State which

are not entirely confined and retained completely upon the property of a single individual,

partnership or corporation.

3

“Stream” means any stream, beginning at:

1. The location of a spring, seep, or groundwater outflow that sustains stream

flow: or

2. The point in the stream channel with a drainage area of 25 acres or more; or

3. Where evidence indicates the presence of a stream in a drainage area of less

than 25 acres, Loudon County may require field studies to verify the existence of

a stream.

“Stream Bank” means the sloping land that contains the stream channel and the normal

flows of the stream.

“Stream Channel” means the portion of a watercourse that contains the base flow of the

stream and is usually the point where the normal stream flow has wrested the vegetation.

“Stream Hierarchy” means a body of water that flows in a cumulative series to the main

body of water

“Watershed” means the land area that drains into a particular stream.

Section 3. Applicability

This regulation shall apply to all land development activity on property containing a

stream protection area as defined in Section 2 of this regulation. These requirements are

in addition to, and do not replace or supersede, any other applicable buffer requirements

established under state law and approval or exemption from these requirements do not

constitute approval or exemption from buffer requirements established under state law or

from other applicable local, state or federal regulations.

3.1. Grandfather Provisions

This regulation shall not apply to the following activities:

(1) Work consisting of the repair or maintenance of any lawful use of land that is

zoned and approved for such use on or before the effective date of this regulation.

(2) Existing development and on-going land disturbance activities including but

not limited to existing agriculture, silviculture, landscaping, gardening and lawn

maintenance, except that new development or land disturbance activities on such

properties will be subject to all applicable buffer requirements.

(3) Any land development activity that is under construction, fully approved for

development, scheduled for permit approval or has been submitted for approval as

of the effective date of this regulation.

(4) Land development activity that has not been submitted for approval, but that is

part of a larger master development plan, such as for an office park or other

phased development that has been previously approved within two years of the

effective date of this regulation.

3.2. Exemptions

The following specific activities are exempt from this regulation. Exemption of these

activities does not constitute an exemption for any other activity proposed on a property.

(1) Activities for the purpose of building one of the following:

- a stream crossing by a driveway, transportation route or utility line;

4

- public water supply intake or public wastewater outfall structures;

- intrusions necessary to provide access to a property;

- public access facilities that must be on the water including boat ramps,

docks, foot trails leading directly to the river, fishing platforms and

overlooks;

- unpaved foot trails and paths;

- activities to restore and enhance stream bank stability, vegetation, water

quality and/or aquatic habitat, so long as native vegetation and

bioengineering techniques are used.

(2) Public sewer line easements paralleling the creek, except that all easements

(permanent and construction) and land disturbance should be at least 25 feet from

the top of the bank. This includes such impervious cover as is necessary for the

operation and maintenance of the utility, including but not limited to manholes,

vents and valve structures. This exemption shall not be construed as allowing the

construction of roads, bike paths or other transportation routes in such easements,

regardless of paving material, except for access for the uses specifically cited in

Item 3.2.(1), above.

(3) Land development activities within any public road right-of-way existing at

the time this regulation takes effect or approved under the terms of this regulation.

(4) Within an easement of any utility existing at the time this regulation takes

effect or approved under the terms of this regulation, land disturbance activities

and such impervious cover as is necessary for the operation and maintenance of

the utility, including but not limited to manholes, vents and valve structures.

(5) Emergency work necessary to preserve life or property. However, when

emergency work is performed under this section, the person performing it shall

report such work to the Loudon County Planning Office on the next business day

after commencement of the work. Within 10 days thereafter, the person shall

apply for a permit and perform such work within such time period as may be

determined by the Loudon County Planning Office to be reasonably necessary to

correct any impairment such emergency work may have caused to the water

conveyance capacity, stability or water quality of the protection area.

(6) Forestry and silviculture activities on land that is zoned for forestry,

silvicultural or agricultural uses and are not incidental to other land development

activity. If such activity results in land disturbance in the buffer that would

otherwise be prohibited, then no other land disturbing activity other than normal

forest management practices will be allowed on the entire property for three years

after the end of the activities that intruded on the buffer.

After the effective date of this regulation, it shall apply to new subdividing and platting

activities.

Any land development activity within a buffer established hereunder or any impervious

cover within a setback established hereunder is prohibited unless a variance is granted

pursuant to Section 4.2 below.

5

Section 4. Land Development Requirements

4.1. Buffer and Setback Requirements

All land development activity subject to this regulation shall meet the following

requirements:

(1) An undisturbed natural vegetative buffer shall be maintained for 50 feet,

measured horizontally, on both banks (as applicable) of all streams as measured

from the top of the stream bank.

(2) An additional setback shall be maintained for 25 feet, measured horizontally,

beyond the undisturbed natural vegetative buffer, in which all impervious cover

shall be prohibited. Grading, filling and earthmoving shall be minimized within

the setback.

(3) No septic tanks or septic tank drain fields shall be permitted within the buffer

or the setback.

4.2. Variance Procedures

Variances from the above buffer and setback requirements may be granted only in

accordance with the following provisions:

(1) Where a parcel was platted prior to the effective date of this regulation, and its shape,

topography or other existing physical condition prevents any land development

consistent with this regulation, and the Loudon County Planning Office finds and

determines that the requirements of this regulation prohibit the otherwise lawful

use of the property by the owner, the Loudon County Board of Zoning Appeals

may grant a variance from the buffer and setback requirements hereunder,

provided such variance requires adequate mitigation measures that are

implemented by the property owner to offset the effects of such variance.

(2) Except as provided above, the Loudon County Board of Zoning Appeals shall grant

no variance from any provision of this regulation without first conducting a public

hearing on the application for variance and authorizing the granting of the

variance by an affirmative vote of the Board of Zoning Appeals. The Loudon

County Planning Office shall give public notice of each such public hearing in a

newspaper of general circulation within Loudon County. The Loudon County

Planning Department shall require that the applicant post a sign giving notice of

the proposed variance and the public hearing. The sign shall be of a size and

posted in such a location on the property as to be clearly visible from the primary

adjacent road right-of-way.

Variances will not be considered when, following adoption of this regulation, actions of

any property owner of a given property have created conditions of a hardship on that

property.

6

(3) At a minimum, a variance request shall include the following information:

a. A site map that includes locations of all streams, wetlands, floodplain

boundaries and other natural features, as determined by field survey;

b. A description of the shape, size, topography, slope, soils, vegetation and other

physical characteristics of the property;

c. A detailed site plan that shows the locations of all existing and proposed

structures and other impervious cover, the limits of all existing and proposed land

disturbance, both inside and outside the buffer and setback. The exact area of the

buffer to be affected shall be accurately and clearly indicated;

d. Documentation of unusual hardship should the buffer be maintained;

e. At least one alternative plan, which does not include a buffer or setback

intrusion, or an explanation of why such a site plan is not possible;

f. A calculation of the total area and length of the proposed intrusion;

g. A stormwater management site plan, if applicable; and,

h. Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the

request must include an explanation of why none is being proposed.

(4) The following factors will be considered in determining whether to issue a variance:

a. The shape, size, topography, slope, soils, vegetation and other physical

characteristics of the property;

b. The locations of all streams on the property, including along property

boundaries;

c. The location and extent of the proposed buffer or setback intrusion; and,

d. Whether alternative designs are possible which require less intrusion or no

intrusion;

e. The long-term and construction water-quality impacts of the proposed variance;

f. Whether issuance of the variance is at least as protective of natural resources

and the environment.

(5) An approved variance shall allow a reduction in buffer width only to the extent

necessary to provide relief from the conditions which prevented land development

activities on the parcel.

Section 5. Compatibility with Other Buffer Regulations and

Requirements

This regulation is not intended to interfere with, abrogate or annul any other resolutions,

rule or regulation, statute or other provision of law. The requirements of this regulation

should be considered minimum requirements, and where any provision of this regulation

imposes restrictions different from those imposed by any other resolution, rule, regulation

or other provision of law, whichever provisions are more restrictive or impose higher

protective standards for human health or the environment shall be considered to take

precedence.

7

Section 6. Additional Information Requirements for Development on

Buffer Zone Properties

Any permit applications for property requiring buffers and setbacks hereunder must

include the following:

(1) A site plan showing:

a. The location of all streams on the property;

b. Limits of required stream buffers and setbacks on the property;

c. Buffer zone topography with contour lines at no greater than four (4)-

foot contour intervals;

d. Delineation of forested and open areas in the buffer zone; and,

e. Detailed plans of all proposed land development in the buffer and of all

proposed impervious cover within the setback;

(2) A description of all proposed land development within the buffer and setback;

and,

(3) Any other documentation that the Loudon County Planning Office may

reasonably deem necessary for review of the application and to insure that the

buffer zone regulation is addressed in the approval process.

All buffer and setback areas must be recorded on the final plat of the property following

plan approval.

Section 7. Responsibility

Neither the issuance of a development permit nor compliance with the conditions thereof,

nor with the provisions of this regulation shall relieve any person from any responsibility

otherwise imposed by law for damage to persons or property; nor shall the issuance of

any permit hereunder serve to impose any liability upon Loudon County, its officers or

employees, for injury or damage to persons or property.

Section 8. Inspection

The Loudon County Planning Office may cause inspections of the work in the buffer or

setback to be made periodically during the course thereof and shall make a final

inspection following completion of the work. The permittee shall assist the Loudon

County Planning Office in making such inspections. The Loudon County Planning Office

shall have the authority to conduct such investigations as it may reasonably deem

necessary to carry out its duties as prescribed in this regulation, and for this purpose to

enter at reasonable time upon any property, public or private, for the purpose of

investigating and inspecting the sites of any land development activities within the

protection area. No person shall refuse entry or access to any authorized representative

or agent who requests entry for purposes of inspection, and who presents appropriate

8

credentials, nor shall any person obstruct, hamper or interfere with any such

representative while in the process of carrying out official duties.

Section 9. Violations, Enforcement and Penalties

Any action or inaction which violates the provisions of this regulation or the

requirements of an approved site plan or permit may be subject to the enforcement

actions outlined in this Section. Any such action or inaction which is continuous with

respect to time is deemed to be a public nuisance and may be abated by injunctive or

other equitable relief. The imposition of any of the penalties described below shall not

prevent such equitable relief.

9.1. Notice of Violation

If the Loudon County Planning Office determines that an applicant or other responsible

person has failed to comply with the terms and conditions of a permit, an approved site

plan or the provisions of this regulation, it shall issue a written notice of violation to such

applicant or other responsible person. Where a person is engaged in activity covered by

this regulation without having first secured the appropriate permit therefor, the notice of

violation shall be served on the owner or the responsible person in charge of the activity

being conducted on the site.

The notice of violation shall contain:

(1) The name and address of the owner or the applicant or the responsible person;

(2) The address or other description of the site upon which the violation is occurring;

(3) A statement specifying the nature of the violation;

(4) A description of the remedial measures necessary to bring the action or inaction into

compliance with the permit, the approved site plan or this regulation and the date

for the completion of such remedial action;

(5) A statement of the penalty or penalties that may be assessed against the person to

whom the notice of violation is directed; and,

(6) A statement that the determination of violation may be appealed to the Loudon

County Planning Office by filing a written notice of appeal within thirty (30) days

after the notice of violation (except that in the event the violation constitutes an

immediate danger to public health or public safety, 24 hours notice shall be

sufficient).

9.2. Penalties

In the event the remedial measures described in the notice of violation have not been

completed by the date set forth for such completion in the notice of violation, any one or

more of the following actions or penalties may be taken or assessed against the person to

whom the notice of violation was directed. Before taking any of the following actions or

imposing any of the following penalties, the Loudon County Planning Office shall first

notify the applicant or other responsible person in writing of its intended action, and shall

provide a reasonable opportunity, of not less than ten days (except that in the event the

violation constitutes an immediate danger to public health or public safety, 24 hours

9

notice shall be sufficient) to cure such violation. In the event the applicant or other

responsible person fails to cure such violation after such notice and cure period, the

Loudon County Planning Office may take any one or more of the following actions or

impose any one or more of the following penalties.

(1) Stop Work Order - The Loudon County Planning Office may issue a stop work

order which shall be served on the applicant or other responsible person. The stop

work order shall remain in effect until the applicant or other responsible person

has taken the remedial measures set forth in the notice of violation or has

otherwise cured the violation or violations described therein, provided the stop

work order may be withdrawn or modified to enable the applicant or other

responsible person to take necessary remedial measures to cure such violation or

violations.

(2) Withhold Certificate of Occupancy At the direction of the Loudon County

Planning Office, the Loudon County Building Commissioner may refuse to issue

a certificate of occupancy for the building or other improvements constructed or

being constructed on the site until the applicant or other responsible person has

taken the remedial measures set forth in the notice of violation or has otherwise

cured the violations described therein.

(3) Civil Penalties - In the event the applicant or other responsible person fails to take the

remedial measures set forth in the notice of violation or otherwise fails to cure the

violations described therein within ten days (or such greater period as the Loudon

County Planning Office shall deem appropriate) (except that in the event the

violation constitutes an immediate danger to public health or public safety, 24

hours notice shall be sufficient) after the Loudon County Planning Office has

taken one or more of the actions described above, the Loudon County Planning

Office may impose a penalty pursuant to TCA §68-221-1106 not to exceed

$5,000 (depending on the severity of the violation) for each day the violation

remains unremedied after receipt of the notice of violation.

Section 10. Administrative Appeal and Judicial Review

10.1 Administrative Appeal

Any person aggrieved by a decision or order of Loudon County Planning Office, may

appeal in writing within 30 days after the issuance of such decision or order to the

Loudon County Commission and shall be entitled to a hearing before the Commission

within 30 days of receipt of the written appeal.

10.2. Judicial Review

Any person aggrieved by a decision or order of the Loudon County Planning Office, after

exhausting all administrative remedies, shall have the right to appeal de novo to the

Chancery Court of Loudon County.

10

Section 11. Severability

If any article, section, subsection, paragraph, clause, phrase or provision of this regulation

shall be adjudged invalid or held unconstitutional, such decision shall not affect or

invalidate the remaining portions of this regulation.

Duly passed and approved this 6th day of October, 2008.

__________________________________

Loudon County Commission Chair

__________________________________

Loudon County Mayor

ATTESTED:

__________________________________

Loudon County Clerk

RESOLUTION

A RESOLUTION AMENDING THE ZONING MAP OF LOUDON COUNTY,

TENNESSEE, PURSUANT TO CHAPTER SEVEN, §13-7-105 OF THE TENNESSEE

CODE ANNOTATED, TO REZONE PROPERTY LOCATED ON HWY 321 S,

CONTAINING APPROX .82 ACRES, SITUATED IN THE 3RD LEGISLATIVE

DISTRICT, REFERENCED BY TAX MAP 27, PARCEL 142.00, FROM R-1 SUBURBAN

RESIDENTIAL DISTRICT TO C-1, RURAL CENTER DISTRICT

WHEREAS, the Loudon County Commission, in accordance with Chapter Seven, §13-7-105 of the

Tennessee Code Annotated, may from time to time, amend the number, shape, boundary, area or any regulation

of or within any district or districts, or any other provision of any zoning resolution, and

WHEREAS, the Regional Planning Commission has forwarded a recommendation regarding the amendment

to the Zoning Map of Loudon County, Tennessee,

WHEREAS, a notice of public hearing and a description of the resolution appeared in the Loudon County

News Herald on May 9-10, 2007, consistent with the provisions of Tennessee Code Annotated, §13-7-105,

NOW, THEREFORE, BE IT RESOLVED by the Loudon County Commission that the Zoning Map of

Loudon County, Tennessee be amended as follows:

That property located at Hwy 321 S, referenced by Tax Map 27, Parcel 142.00, be rezoned from R-1, Suburban

Residential District to C-1, Rural Center District, including the restriction that the existing dilapidated structure

be demolished prior to use of property for commercial purposes, as shown on the attached map; said map being

part of this Resolution.

BE IT FINALLY RESOLVED, that this Resolution shall take effect immediately, the public welfare

requiring it.

_______________________________ __________________________________

ATTEST LOUDON COUNTY CHAIRMAN

DATE: __________

_______________________________

APPROVED: LOUDON COUNTY MAYOR

The votes on the question of approval of this Resolution by the Planning Commission is as follows:

APPROVED:___________

DISAPPROVED: _________

_______________________________________

ATTEST: SECRETARY LOUDON COUNTY

REGIONAL PLANNING COMMISSION

Dated: May 15, 2007

FILE #07-04-92-RZ-CO(LEPR)

LOUDON COUNTY PLANNING OFFICE

FACSIMILE MEMORANDUM

1 PAGE

TO: Brian Franklin, News Herald

Fax Number: 988-3261

FROM: Debbie Hines

DATE: May 3, 2007

RE: NOTICE OF PUBLIC HEARINGS

Please place the following notice of Public Hearing in the Wednesday/Thursday, May 9-10, 2007, edition

of the News-Herald. The ad should be no larger than 3 column x 6 inches

PUBLIC HEARING

The Loudon County Commission will hold a public hearing on Monday, June 4, 2007 at

6:00 P.M. at the Courthouse Annex to consider an amendment to the Zoning Resolution of Loudon

County, Tennessee, to rezone the following:

PROPERTY LOCATED AT 1209 TOWN CREEK ROAD, CONTAINING APPROX 5

ACRES, SITUATED IN THE 2ND LEGISLATIVE DISTRICT, REFERENCED BY TAX

MAP 15, PARCEL 80.00, FROM R-1 SUBURBAN RESIDENTIAL DISTRICT TO O-1

OFFICE-PROFESSIONAL DISTRICT [07-01-24-RZ-CO(LEPR)]

PROPERTY LOCATED AT 14424 AND 14574 HWY 70 E, CONTAINING APPROX 7.87

ACRES, SITUATED IN THE 5th LEGISLATIVE DISTRICT, REFERENCED BY TAX

MAP 7, PARCELS 83.00 & 84.00, FROM R-1 SUBURBAN RESIDENTIAL DISTRICT

TO R-1/PUD SUBURBAN RESIDENTIAL DISTRICT WITH PLANNED UNIT

DEVELOPMENT OVERLAY OF 7.6 UNITS PER ACRE AND RESTRICTED TO

DEVELOPMENT OF ASSISTED LIVING OR OTHER SENIOR HOUSING ONLY

[07-04-70-RZ-CO]

PROPERTY LOCATED AT 103 ROBINSON DRIVE, CONTAINING APPROX 2.94

ACRES, SITUATED IN THE 2ND LEGISLATIVE DISTRICT, REFERENCED BY TAX

MAP 15M, GROUP A, PARCEL 4.00, FROM R-1 SUBURBAN RESIDENTIAL

DISTRICT TO C-2, GENERAL COMMERCIAL DISTRICT [07-04-79-RZ-CO(LEPR)]

PROPERTY LOCATED AT 12570 HWY 70 E, CONTAINING APPROX 2 ACRES,

SITUATED IN THE 5TH LEGISLATIVE DISTRICT, REFERENCED BY TAX MAP 7,

PARCELS 112.00 & 113.00, FROM R-1 SUBURBAN RESIDENTIAL DISTRICT TO C-2,

GENERAL COMMERCIAL DISTRICT [07-04-92-RZ-CO]

PROPERTY LOCATED ON CUSICK CIRCLE, CONTAINING APPROX 12.14 ACRES,

SITUATED IN THE 5TH LEGISLATIVE DISTRICT, REFERENCED BY TAX MAP 7,

PARCEL 144.00, FROM R-1 SUBURBAN RESIDENTIAL DISTRICT TO R-1/PUD

SUBURBAN RESIDENTIAL DISTRICT WITH PLANNED UNIT DEVELOPMENT

OVERLAY OF 3.0 UNITS PER ACRE [07-05-95-RZ-CO]

PROPERTY LOCATED ON HWY 321 S, CONTAINING APPROX .82 ACRES,

SITUATED IN THE 3RD LEGISLATIVE DISTRICT, REFERENCED BY TAX MAP 27,

PARCEL 142.00, FROM R-1 SUBURBAN RESIDENTIAL DISTRICT TO C-2,

GENERAL COMMERCIAL DISTRICT [06-10-21-RZ-CO]

Copies of this Resolution are available for review at the Office of Planning & Community Development,

274 Blair Bend Drive, Loudon, TN, or you may phone 458-3880 during business hours for assistance.

INVOICE: LOUDON COUNTY

RESOLUTION

A RESOLUTION APPROVING THE SALE OF APPROXIMATELY 0.63 ACRES

OF CERTAIN REAL PROPERTY LOCATED IN THE CENTRE 75 BUSINESS

PARK TO WH CAPITAL, L.L.C.

Whereas, Loudon County and the City of Loudon jointly own certain properties at

Centre 75 Business Park, and

Whereas, WH Capital, L.L.C. desires to acquire 0.63 acres (referenced as a portion of

parcel 105.00, Loudon County Tax Map 40 within the Centre 75 Business Park), for the

construction of a restaurant facility known as Waffle House, and

Whereas, the Loudon County Economic Development Agency Board of Directors voted

on August 28, 2008 to recommend the sale to WH Capital, L.L.C. for $169,500 for the

90’ x 309.53’ tract containing 0.63 acres, and

Whereas, the sale is contingent upon Waffle House using a super brick construction

material, cut block lettering, and the sellers (Loudon County and the City of Loudon)

offering a 0.21 acre (30’ x 305.93’) temporary slope easement.

Now, Therefore, Be It Resolved, that the Loudon County Commission hereby agrees to

sell approximately 0.63 acres of real property along the commercial frontage road parallel

to Highway 72 said parcel being located in Centre 75 Business Park, being identified as a

90’ x 305.93’ portion of Parcel 105, Tax Map 40 of Loudon County, TN to WH Capital,

L.L.C. for $169,500.

Now, Therefore, Be It Finally Resolved, that this Resolution shall take effect

immediately the public welfare requiring it.

Passed this the 8th day of September 2008

_____________________________ ____________________________

Doyle Arp, Mayor Riley D. Wampler, Court Clerk

____________________________

Roy Bledsoe, Chairman

 

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09-21-08