Local Planning Assistance OfficePlanning Commissioner Training

Dynamics of County Planning

What is planning?

“Planning is…finding out where you are, where you want to go, and how to get there.”

Planning Activities Worksheet

1. Identify problems or issues

2. Analyze the problems or issues

3. Formulate goals

4. Develop and evaluate alternative

courses of action

Planning Activities Worksheet

5. Select a preferred alternative

6. Implement the preferred

alternative

7. Monitor implementation and

make adjustments based upon

results and/or changing policies

Background and Legal Basis

Legal Basis – 1935 Legislation

1935 Enabling Legislation & Additions

1. Regional Planning

2. Regional Subdivision Regulations

3. Municipal Planning

4. Municipal Subdivision Regulations

5. County Zoning

6. Municipal Zoning

7. Municipal Zoning Outside Boundaries (1959)

8. Historic Zoning (1965)

9. Airport Zoning (1945)

Background and Legal Basis

Legal responsibilities of the planning commissionTypes of Planning CommissionsPolice powers & corporate powers

Legal Basis – 1935 Legislation

The Planning Commission…

5 to 15 membersCreated by State of TN/Dept of ECD/LGPACLess than a majority are salaried public employeesChairSecretary“Executive Engineer Secretary”

Powers and Duties of Regional Planning

Commission

Promoted Cooperation &

Coordination

Review Public Improvements

Prepare a General Regional Plan

Subdivision Regulations

Powers and Duties of Regional Planning

Commission

Mandatory Referral (limited)

Prepare & recommend a zoning

ordinance & map

Review of amendments to the

zoning ordinance or map

Municipal/Regional Commission

Scenario #1Question:

May a County “Quarterly Court” abolish a regional planning commission established pursuant to TCA 13-201 (now 13-3-101)?

(AG Opinion #24; August 13, 1974)

Scenario #2Question:

In a county that includes a Regional Planning Commission, and also includes multiple Municipal-designated Regional Planning Commissions…

1. Which regional planning commission(s) should have reviewed the original zoning plan?

2. Which regional planning commission(s) should have reviewed past amendments to the zoning ordinance, whether textual or rezonings, and which should review future amendments?

3. If zoning has not been done correctly in the past, what does the County need to do to correct any past errors?

(A.G. Opinion #99-150; August 16, 1999)

Six Steps of Comprehensive Plan Process

1. Identification of issues & problems2. Inventory of community

conditions & problems3. Formulation of community goals

and objectives4. Formulation of policies and plan5. Implementation of plan6. Plan review

Seven Elementsof Comprehensive Plan

IntroductionBackground for planningEconomy and populationLand use & transportation planCommunity facilities planPublic improvements programImplementation plan

Four Purposesof Comprehensive Plan

Represents community’s visionFulfills a legal obligationGuide for decision makingSingle cover for policies such as: Land use Utilities Recreation Transportation

Implementation Tools

A. Subdivision regulations

B. Zoning

C. Capital Budget/Public

Improvement Program

Subdivision Regulations

Steps of plat approval processStreet acceptanceRemediesRestrictive covenants

“Subdivision” means the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided.

Definition

Zoning

Watershed decisionsExemptions

Zoning Exemptions• Agricultural land and/or buildings

• Historic Zoning

• Airport Zoning

• Solid waste facilities

• Residences of retarded or handicapped persons

• Manufactured residential dwellings

• Telephone and telegraph facilities

• Tellico River Development Authority

• Transfer of development rights

• Contract zoning

• RLUIPA

Zoning

Adoption & amendmentEnforcement & administrationBoard of Zoning Appeals

Watershed decisionsExemptions

CASE STUDY

“Rezoning by Popular Demand”

Capital Budget

Target Date/Population MilestoneFive-Year IncrementsFinancial PlanUpdate,re-evaluate, re-prioritize annually

Ethics

PrinciplesConflict of InterestSunshine LawDue Process

Growth Plan Update

Growth Plan Update

Growth Plan Update

Growth Plan Update

Growth Plan Update

Annex within Growth Boundary

Requires very strong service plan

Eliminates annexation/incorporation out of fear

Establishes incentives to annex when

appropriate

Better timing of development & public services

Stabilizes county’s education funding base

Minimizes urban sprawl

Reopening of Growth Plan

Has growth occurred where you

thought it would?

What is the impact on city

services?

Do you need to make changes to

your growth boundaries?

Dynamics of County Planning

Questions/Discussion