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Commission approves negotiation of conservation easement and related utility easement actions for Town Creek project
Summary
The Planning Commission authorized staff to negotiate a conservation easement for the Town Creek corridor with TDEC and approved proposed easement dedications and abandonments substantially as shown in project exhibits, subject to legal and council approvals.
The Planning Commission authorized city staff to continue negotiating a conservation easement for the Town Creek corridor with the Tennessee Department of Environment and Conservation (TDEC) and approved the proposed dedication and abandonment of multiple utility and drainage easements substantially as shown in the project exhibit.
Mr. Moore, representing the citys planning department, briefed commissioners on the Town Creek project along Northwest Broad Street and Hickerson Drive and said the city awarded the construction contract in December to SBW Constructors. He said an ARAP (Aquatic Resources Alteration Permit) from TDEC is required to work in the creek and that TDEC requested a recorded conservation easement around the stream corridor covering approximately 2.3 acres of city-owned land. The draft conservation easement would restrict certain land modifications in and adjacent to the channel while preserving city rights for maintenance of existing and proposed easements and infrastructure.
Moore showed an exhibit of the hatched conservation area and described portions where retaining walls will define the stream corridor; he said there will still be locations where the stream will be visible from the road and areas where plazas and park-like access will be elevated above the channel. Commissioners asked clarifying questions including what an ARAP is; staff replied it is an aquatic resources alteration permit required under section 401 water quality certification to allow in-stream work.
The commission voted to permit continued negotiation of the conservation easement with TDEC and to approve the dedication and abandonment of easements on the subject property substantially as identified in the construction plans and attached exhibits, with final terms to be approved by the city attorney and City Council. The recorded vote was unanimous: Ms. Jayco, Ms. Sablewater, Mr. Carroll, Vice Chair Halliburton, Mr. Prince and Mr. Wright voted "aye." The motion passed.
Staff said negotiation results will return to City Council for final approval after city legal review and agreement with TDEC on the conservation easement terms.
