Board upholds zoning for housing developer

A long battle by residents of Farley Road Subdivision and Linden Circle to stop developer John Porter’s construction of a subdivision on Barringer Road is over.

Residents failed in their attempt to appeal the zoning commission’s approval of a 94acre development on Barringer Road near Farley Road from putting in a high-density housing development. The zoning commission ruled unanimously that the property be approved to rezone as R3 which leaves the developer open to build houses or put to industrial uses.

Attorney Amanda Whaley Smith handled the appeal saying the housing development would be singlefamily separate houses with sewer and water.

Michael Whitson, who has spearheaded a community opposition group to the high-density housing project, recapitulated the points of objection to the rezoning before the board of supervisors Feb. 20. He said he owns 40 acres on Barringer Road and is a 25-year resident.

“We have an engaged community,” he said.

District 2 supervisor Johnny Walker addressed Whitson asking if it is appropriate to send emails out on a Sunday.

“You don’t have to open and read,” Whitson said. “We don’t want to disturb your holy day.” Whitson reiterated the community’s main points of objection to the rezoning of the 94 acres.

He said the legal requirement at zoning is designed to be well planned and permitted, that a mistake in the original zoning must be proved or that a substantial change in the neighborhood has occurred in order to rezone.

“There also must be a public need,” he said. “We understand a major need for housing due to jobs. We can show that is being met elsewhere.”

He said what makes a community attractive is a country setting for houses such as estates.

There were 250 housing starts this year. Northcentral Electric gained 500 new customers in 2022, including housing in DeSoto County, he said. Cayce Point Subdivision has space for 400 houses and Twin Oaks Subdivision has 500 house lots. North Cayce Road has 13.

Byhalia has new subdivisions going in south of I-22 and north of I-269, he said, all which will meet the needs for housing for years.

Maureen Whitson said the minimum requirement for housing is to promote health, safety and welfare. Barringer Road is not wide enough to handle all the traffic that will be added with the added housing, which will be five houses per acre, she said.

There is not a lot of demand for housing in the neighborhood, she said. Farley Ridge Subdivision is still being advertised as “making that country feel.”

Cayla Crisp said Barringer, Farley and Dogwood are narrow roads in fairly good condition. With the added houses, she said there will be 400 cars driving in and out on Barringer twice a day which at rush hour will put one car passing through every 8.5 seconds.

“Northcentral Electric states electricity is in short supply,” she said. “The new development would increase the school enrollment by 800 students.

“We know change is coming. We understand that,” she said. “It will affect the current residents and is not fair to the new residents as well. First responders’ time will increase. Homeowner insurance rates will increase.”

She cited insufficient places to buy gas and groceries and lack of animal control as additional concerns.

Linden Circle resident Susan Walker’s main concerns are about erosion of soil in the subdivisions and increase in flooding because of removal of vegetation and trees. Subdivisions are already being flooded and silt is filling ponds, ditches and culverts, she said. The soil is sandy and highly erodible. Flooding has undermined the edges of Farley Road in several places already. The Coldwater River cannot handle the flood waters during heavy downpours, she said.

Increasing parking lots, rooftops, and industrial spaces is increasing flooding. Retention ponds and berms should be built to slow the water down.

“You increase the water coming into our lands, our barns and our houses,” she said. “That would have been prevented if properly handled. To me, this is the county engineer’s responsibility,” she said.

She attributed the problems with flooding of neighborhoods to increasing numbers of rooftops, asphalt and concrete.

An emotional Tracy Talley said the flooding is not restricted to District 3.

She said John Porter owns large parcels of land over the county and has failed to use preventative measures to stop flooding and erosion.

“He scalps the land and moves on,” she said. “Our road is eroding away on both sides. His track record speaks for itself. Now all we can do is to look for someplace else to make our future.

“One guy said, `I was sold a lie,’ “ she said. “You guys (supervisors) are the only ones who can slow this down. Take a look at it. It’s a sandstorm around us. We can’t just live in peace and enjoy our homes. Y’all’s decision impacts our lives.”

Walker said culverts need to be added to carry water under the road rather than let it wash over the road.

Zoning administrator Ken Jones said engineer Larry Britt is working to require sediment ponds to control the fast runoff on this proposed development.

“Who designs these sediment ponds,” asked District 1 supervisor Charles Terry.

Jones said the engineer that Britt appoints.

Terry congratulated the presentation by the Farley Road residents.

“Me, as a sitting supervisor, I would like to be looking further than today’s needs,” he said. “I think the highway going in and industry coming in, is what’s driving our people from picking a home in DeSoto County,” he said. “I appreciate these trying to protect their property. The infrastructure has to be improved.”

“I noticed the concerns are public safety, quality of schools and law enforcement,” he said. “We need to make sure we protect the properties you invested in. That’s my personal stance now. It’s going to grow. I don’t want us to continue to invest in DeSoto County. I do not want to wait until we need (houses) before we build.”

“Why do we have to rezone all 94 acres?” Michael Whitson asked.

“Was it industrial?” asked Walker.

“No,” said Whitson. “What is it going to look like?’

“What do you want to see?” asked District 5 supervisor Ronnie O’Neil Bennett.

“It’s totally different now,” said Walker.

“Mr. Porter bought this land knowing it was RE,” Whitson said. “Just slow them down some. It’s going too fast and it is going to be a big mess when it goes too fast.”

Talley said District 3 supervisor Keith Taylor had talked in a former meeting for four or five minutes about the benefits of RE.

“Mr. Taylor felt very passionate about the benefits of RE. I’d like to touch on that in your heart and mind,” she said.

Taylor said he wanted to table the discussion but to resolve the appeal before the end of the meeting.

The discussion continued when an issue on Barringer Road concerning erosion was brought up by Bennett.

“There’s a significant amount of erosion and that’s going to have to be addressed at some point,” he said.

Walker agreed there are a lot of erosion problems.

“We see it. We know it,” he said. “There is a new sheriff in town and deputy. We are going to try to make this better. We’ve got a lot of work to do because it’s (more development) is coming.

We’ve got to prepare for it. “I know everyone of you go to DeSoto County because whenever you’ve got rooftops you’ve got to get groceries. We’ve got to get the rooftops. It’s his (Taylor’s) district, but it’s our problem. We will work to help the county as much as possible.” Terry said erosion is one of the concerns but “I am one who likes to negotiate.” “Is there anything written in our agreement, that the issues you are concerned with in the future will not happen?” he asked.

He said the concerns about what happened in the past must be gotten past.

“What I would like to see in the future is to grow so we don’t have to go outside the county to get what we need. I want to look at it 20 years from now.

“The retails, schools, it’s not going to happen first. As our numbers grow, we get the Census, and we will get federal dollars.”

He said he hears the concerns the citizens are voicing because he lives in an area where a wood yard creates dust issues for his neighborhood where small houses are built all around his.

“They are needed and I am looking to the future of Marshall County,” he said.

Victoria Pyles answered the question posed by Bennett about what the community would like to see.

She said the answer she would like to see as a middle ground is to require the developer to put back some vegetation and retention ponds.

Taylor said about two years ago the county got requests from developers to put more houses on smaller acre lots on North Red Banks and Goodman roads and on Cayce and Dogwood roads.

“I’ve always felt like the whole county, I would like the coming of many $500,000 and $600,000 homes on an acre lot,” he said, “making sure it’s done right. I do disagree the area has changed. I-269 got my five-year-old home. I was directly impacted by that. I liked the rural area even when I was farming a lot. I like the bigger house, but when you have access to sewer and water, it’s hard to deny them (developers) when they (subdivisions) are done right.”

Terry asked for an executive session to discuss potential litigation on the issue “to make sure we are making the right decision.”

Attorney Amanda Whaley Smith said the executive session would deal with the issuance of an appealable order.

Coming back out of executive session, Taylor said the issue was tabled in order to discuss a vote for a zoning concern.

Terry then made a motion to uphold the findings of the zoning commission brought forward that there is a substantial need for housing.

Bennett seconded the motion. By roll call, the vote was 4-1 to uphold zoning’s approval of the rezoning of the 94 acres from RE to R3. Taylor voted nay on the motion.