Board overrides zoning
An appeal of the denial of a rezoning of property located at Cayce Road and Highway 302 was overturned by the Marshall County Board of Supervisors at the August 19 meeting.
Houston Engineering had requested rezoning of 37 acres to residential in order to create a subdivision of small lots of 8,000 square feet. The zoning would be changed from commercial/industrial to R-3.
Developer Bryan Houston wants to build 110 houses on the site.
The total acreage in the site is 51 acres, said Shane King with the developer.
He said the roads will be paved and have curbs and gutters, and the site will be supplied with existing waterlines and sewer.
The developer presented a preliminary layout of the site which will also contain green spaces and open spaces.
David Johnson, zoning administrator, said the commissioners denied the rezoning request because there already is a lot of residential in the area.
Houston said the site is a mixture of commercial and industrial with three acres to be used for industry.
District 1 supervisor Charles Terry asked if there were any objection from adjacent property owners.
District 2 supervisor Johnny Walker said he received many calls about the proposed development.
He said his main objection is that the developer is clear cutting the land before getting rezoning approved.
“Why do we have to take down every tree before we have a plan?” Walker asked. “People see it and give me a call when they see clearcut. If this gets approved it will be clearcut because the lots are only 8,000 square feet.
Terry joined the discussion. “I can see Marshall County grow and can’t see it growing and it remaining the same,” he said. “Do we satisfy a few or do we do what’s best for the whole county? If we don’t get additional revenue coming in for rooftops, we will not be able to lower taxes.”
Walker said zero lot lines will decrease the value of others’ property.
“Nobody wants change,” Walker said. “People see trees cleared and if I got an R-E (Residential Estates) I don’t want an R-3 right next to me. We need to slow it down.” Terry said if the county
holds off until a comprehensive plan is completed in nine months to a year, the infrastructure (water and sewer) is already there.
“I think the board should take advantage of water and sewer already there,” he said. “We won’t satisfy everyone.”
Walker said everyone would like to have residential that is like South Slayden Farms, but the cost of land has gone up too high for people to be able to buy.
District 4 supervisor George Zinn III asked if water and flooding has been addressed (because of clear cutting).
“The lots that small, all trees gotta go,” Walker said.
The developer said there will be trees in the green space.
Tracey Talley, a Farley Road resident, said the area already has flooding issues with water jumping the roads.
Houston said there will be detention ponds to control the water.
“I just know how the zoning board voted,” Walker said. “They want to put a moratorium on R-3 right now. Do we need a comprehensive plan now. I don’t know what to do.”
Zinn asked what the biggest concern was at zoning by denying the rezoning to R-3.
Johnson said the board denied the R-3 until the comprehensive plan is in place.
“The zoning board don’t need to take that stance,” said District 3 supervisor Keith Taylor. “That’s gonna get us in a lawsuit until we get a plan. This board needs to decide.”
Board attorney Amanda Whaley Smith said zoning based the decision on opposition from the surrounding community.
Taylor said the reason he wanted to make a decision is “because we do keep kicking the can down the road.”
“My No. 1 goal as supervisor is to represent the people who put me in office,” Taylor said. “It’s not all about revenue (taxes). There’s a market for it. I wish we had a moratorium. This is at our door today. It’s gotta be handled one way or another. I go back to when I was first elected. We kept 94 acres as a buffer to take care of Farley Road residents.
“My first priority is to the taxpayer and their way of life. We have to address it until we have a comprehensive plan.”
“I think some decisions should come through this board,” Terry said.
“I think we need to put some safety nets in place,” Taylor said.
Johnson said a zoning board member had a problem with late mail coming in that contained some objections.
“They understand change,” he said. “They said they have no buffer.” Zinn said he has a concern with floodwater.
“You say you have all the steps in place?” he asked.
Taylor said everything is supposed to be cleared by the county engineer.
“If our engineer was going to sign off on it....” Zinn said.
Walker said the runoff is all going west from Barringer Road to the Coldwater River.
“We do require a bond on stormwater,” Taylor said.
“Good point,” said Bennett. “In the future we need to look at hiring an in-house engineer.
“I vote to pass it.” The motion to approve the appeal of Houston Engineering to the board of supervisors was unanimously approved. Smith said the motion should also include the need for this type of development.