Cocke County legislative body rescinds 2023 zoning resolution, adopts revised zoning plan to "cure" open-meetings lawsuit

The Cocke County legislative body voted 11-3 to rescind Zoning Resolution 11-07, originally adopted Sept. 26, 2023, and to adopt a revised zoning plan and map, a measure county retained counsel John Owens said is intended to "cure" an alleged Tennessee Open Meetings Act defect and help end a lawsuit filed after the 2023 vote.

Why it matters: the vote is designed to address the procedural flaw alleged in litigation and, if effective, to reduce continuing legal costs. Commissioners and planning staff said the zoning plan also establishes rules for setbacks, uses and the process for future rezoning requests, changes that affect property owners, businesses and economic development prospects in Cocke County.

The vote and how it came to the floor A motion to combine two related agenda items (rescinding Resolution 11-07 and adopting a revised zoning text and map) passed earlier in the meeting by roll call, 12-2. The primary motion to rescind the earlier resolution and adopt the revised zoning plan was moved by the vice chair of the legislative body and seconded by Commissioner Jason McMahon; a roll call on the final motion produced 11 yes votes and 3 no votes (Andy Ford, Dan Brock and Wilma Ball voted no).

John Owens, retained counsel for the county, told commissioners the text of the zoning regulation remains identical to the 2023 language and that the maps have been updated and posted on the county website. Owens said the purpose of the vote was to invoke a court-created "cure" procedure for alleged Open Meetings Act defects so the litigation can be resolved. "That's what we're here, to cure," Owens said. He also said the county had spent about $50,000 in legal fees since Dec. 1 defending the lawsuit and that his firm billed the county $225 an hour for the work so far.

Supporters and critics Several commissioners expressed concern that parts of the zoning plan are too restrictive for Cocke County and could harm existing businesses or make it harder for new businesses to locate. Some commissioners argued the matter should be decided by voters or that the commission should revisit portions of the plan; others urged property owners with specific requests to use the formal rezoning process.

Members of the public and commissioners also discussed the county's process for changing individual parcels. Planning staff and others said the standard path for rezoning requests is review by the planning commission followed by action by the legislative body.

Planning staff and state consultant comments Ashley, a planning department staff member, told the body that the department's new software had improved public access and remote participation: "So far, it seems to be running pretty smooth." Ashley also summarized dimensional rules in the proposed plan, saying residential setbacks in the draft include a 30-foot front setback and 12-foot side and rear setbacks; commercial properties generally require 10-foot side and rear setbacks. Ashley said property owners can seek exceptions through the Board of Zoning Appeals.

A state representative who said he was chairing the partnership team (Mr. Brady) told commissioners that the state of Tennessee had selected Cocke County as one of three counties for an evaluation aimed at economic development. "The state of Tennessee selected Cocke County to be one of three counties to come in and do an evaluation for potential property for future economic development," Mr. Brady said, adding that many companies expect some form of zoning before they will consider major investment.

Legal status and next steps Owens told the legislative body that a motion for summary judgment in the pending lawsuit is scheduled to be heard in roughly six weeks and that adopting the cure resolution is intended to aid the county's legal position. He also said the vote does not change the substantive wording of the zoning regulation passed in 2023, only the procedural posture as to the earlier vote.

Maps and documents related to the revised plan are available on the county website, commissioners said. Commissioners and staff reminded residents that the normal rezoning process—starting with the planning commission and potentially arriving at the legislative body for a final vote—remains available for property owners who seek a change in classification.

The body adjourned after the vote; the zoning action concludes the items on that agenda.