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Planning Commission to tweak zoning law

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By: MICHELLE WILLARD and JONATHON FAGAN

Posted: Thursday, December 15, 2011 12:01 am

Planning Commission to tweak zoning law | Planning,Comprehensive Plan,Tim Rudd,Jake Robinson,UN,Agenda 21, Rezoning, County Commission

Concerned citizens of Rutherford County lined up Monday night to express their thoughts about the Regional Planning Commission's proposed rewrite of the county's zoning resolution.

Those concerns varied from the banal to the extreme, like calling it a United Nations conspiracy to control land use.

“All this is, is a hidden anti-development, anti-growth agenda under the veil of preservation and scenic beauty – all at the expense of the property owner,” said Timm Rudd, Rutherford County Republican Executive Committee member and real estate agent.

Rudd and others alleged the county was under the influence of the U.N.'s Agenda 21, which was passed in 1992 to encourage sustainable development and environmental preservation.

Concern about Agenda 21 came to national attention over the summer when former FOX News commentator Glenn Beck alleged it is a way to "centralize control over all of human life on planet Earth."

The U.N. contends it is not a binding treaty and only sets a vision to preserve the environment on a global level.

Jake Robinson, a Rutherford County Commission candidate in 2010, railed against the perceived international threat in the additional time he was allowed to give a Power Point presentation.

“It's not just about me and my plan, my yard. If I sit back and say, 'oh, this just affects folks in the rural area and the farmers. I don't care about those guys,' but if they violate their property rights, they will violate mine next,” said Robinson, who is married to County Register of Deeds Heather Dawbarn.

Robinson has also made an open records request for documents related to the the development of the county's Comprehensive Land-use Plan.

County Planning Director Doug Demosi said the U.N. had no influence on the land-use plan or revised zoning resolution.

“Those issues that they brought up were never discussed in the development of the plan,” Demosi said.

He added the Planning Commission just wants to update the county's zoning resolution, which has remained largely unchanged since it was written in 1984.

“A lot has changed in Rutherford County since that time and we need a zoning document that is more responsive, consistent with the land-use plan, which was passed earlier this year, and consistent with state law,” Demosi said.

Being more consistent with state law is something Chancellor Robert Corlew has asked in multiple legal decisions against the county.

“I believe it puts the county in a better legal position,” Demosi said.

But some citizens worry that a better legal position may infringe on their private property rights.

“You cannot violate people's property rights,” Rudd said.

The new zoning regulations will not do that, Demosi said.

“With any plan or zoning ordinance, you are never going to find one that everyone is going to like. But rather we are looking for something everyone can live with,” he said.

To that end, the Planning Commission asked to extend the public comment period until January, when it will hold a work session at 6 p.m. Jan. 9 in the Commission Chambers of the Historic Courthouse.

Demosi said anyone with questions or concerns about the proposed zoning ordinance should contact him or Assistant Planning Director Elizabeth Emslie at 615-898-7730 or by e-mail at ddemosi@rutherfordcounty.org or eemslie@rutherfordcounty.org, respectively.

“People don't want their rights taken away from them,” Demosi said. “We are trying to balance the concerns of all the people who have a stake in this.”

Specifically, some people who have a stake in the county's zoning ordinance are those who live near any rock quarry.

They are concerned about the new heavy industrial zoning given to the quarries.

Demosi said rock quarries are allowed industrial districts, but require special exceptions, in the new ordinance.

This means quarries need a permit from the state and approval from the Board of Zoning Appeals to be opened. It is not a use by right.

He explained they tries to find the closest fit in the new ordinance for rock quarries and industrial was the closest, but not best fit.

“We try to find the zone most compatible but still most restrictive,” he said “That's what we tried to do.”

The problem for residents is industrial districts only require a 200-foot setback. In the current resolution, quarries must be set back at least 1,500 feet from surrounding homes.

Speaker Nicole Percey, who lives near the Rogers Group’s Murfreesboro-Rutherford County Rock Quarry on Burnt Knob Road, is concern the lack of a larger setback will have a negative impact on her property values.

“It's going to impact our quality of life,” she said.

Demosi said these are exactly the kinds of concerns he wants to hear, so they can be solved before the proposed ordinance is taken before the full County Commission.

“The comments can make it better ...” he said “If you have questions come talk to us."

Tagged under Agenda 21, Comprehensive Plan, County Commission, Jake Robinson, Planning, Rezoning, Tim Rudd, UN

Member Opinions:

By: AnotherOption on 12/16/11
Agenda 21 is hardly a "conspiracy"

really, you call yourself a jounalist?

look up the definition of conspiracy... then do some actual work - "research" - you will find that Agenda 21 was adopted in 1992 by the US and 178 other countries...

look and you'll see the EPA, HUD, & DOT all three appeared before the Senate Finance committee w/ Chris Dodd... and declared they had formed a "Partnership for Sustainable Communities" - by defacto, we are having this crap rammed down our throats by these 3 fed agencies via the Nashville MPO.. which our county mayor, Ernest Burgess is on the exec board... it is sooooo easy to connect the dots... just go to the EPA's website and put in "Agenda 21" in their own search bar and you will get over 300 articles with this term...

Of course, you will do what you normally do - figure out who is speaking, discern their political stance then attack or support based on whether they are conservative or liberal...

Doug Demosi may be telling the truth - he may not even know he is just a tool for the sustainablists... it proves how naive or incompetent he is...

By: Sentinel on 12/16/11
Why was the consultant, Brinkerhoff, chosen and what was it that initiated the "need" for this "comprehensive plan"? Are they saying that there's something so hugely wrong with the way the city's grown? I think not. All you have to do is search for Brinkerhoff consulting Agenda 21, and you can see their name all over the place. Why not use local consultants? Indeed, why do we pay a Planning Director at all, if we have to then pay a consultant? Such a total waste of taxpayers' money. This consultant's comprehensive plan looks so foreign to the real Rutherford, I suspect they have a template that they just stamped "Rutherford County" on. This consultant didn't include putting a letter in the US post to every single property owner in the county. Instead, they very stealthily sat back and waited for people to possibly see the notice somewhere in the ethers. Not what a local consultant, who truly is interested in what the public wants, would do.

By: Sentinel on 12/16/11
If you research the groups who are listed as stakeholders, you'll find that even members of the Murfreesboro Bicycle Club are with a non governmental agency. Was that an accident?

By: thankyouforsmoking on 12/19/11
What does the picture of the Kittrell Fire Dept. sign have to do with this article?