Steakhouse owner withdraws PUD appeal

The appeal of a motion to deny Randall Swaney’s request for a PUD (Planned Urban Development) was withdrawn at the July 15 meeting of the board of supervisors after community opposition to the PUD.

Several concerns were heard from Swaney and Jennifer Stroupe, a resident in the area of the Marshall Steakhouse, who opposed the PUD on a number of grounds.

The PUD would have allowed Swaney to make certain additions to the present development.

Resort Status was given to Marshall Steakhouse to sell liquor seven days a week Swaney proposed building cabins on the property seven years ago, then came back to ask permission to add a R.V. Park.

Swaney said R.V. Parks have increased in business 800 percent since the COVID19 pandemic. The average price of construction of a R.V. Park went from $250,000 to $1 million after the pandemic, he said.

He said he had planned to invest $3.5 million to build cabins.

He said people pay about $80 a night to park an R.V. For one night, while the park he will build will cater to cross-country travelers who will pay $159 a night.

“It is not for people to live in,” he said of the park.

He also submitted plans to add a building two years ago, but could not build it because of insufficient sewer capacity.

Engineer Will Denton was hired to help get sewer approved by the state and afterward Swaney said he could construct the buildings and pave the parking lot just north of the steakhouse.

Swaney said he offered to purchase extra property from his brother-in-law for the parking lot, subject to approval of the PUD. Swaney said he has four sites on the property – the steakhouse, a store, the cabins and the R.V. Park.

His attorney, Bill Schneller said the project cannot go forward without a sewer connection.

Swaney has said he will pay for the sewer extension from Kingdom Hall on Highway 178 to the steakhouse, but must get approval for his projects first.

He said he will build a lift station to bring the sewer up to his site.

His original plans were to include cabins. The R.V. Park would be built east of Bicycle Road.

“It’s zoned commercial 20 years ago,” he said.

District 2 supervisor Johnny Walker said supervisors cannot approve his project without a set of plans.

“I need to see the grading and drainage plan,” he said.

“It’s already approved by the state,” Swaney said.

Schneller explained that his client is applying for C-1 zoning to build the PUD.

He said the zoning commission had advised Swaney to apply for a PUD.

“He would have to spot rezone, so they said rezone to PUD,” Schneller said.

Swaney said each cabin is the same size of an hotel room that rents for $150 a night.

“He’s asking for a variance for a PUD,” Schneller said, “just overnight for rentals. I think it should be a variance, not a PUD.”

Board attorney Amanda Whaley Smith explained that the planning commission denied Swaney’s request for a PUD.

“They were worried about spot zoning, but I said this is all commercial,” Schneller said.

Swaney said he got permits from the state to put up his billboards.

Smith passed out minutes for a request for rezoning for C-1 to build a PUD April 10, 2024.

Swaney said you wouldn’t put a hotel in a residential zone but his cabins are like a hotel.

“You are appealing denial of a PUD status, correct?” asked District 1 supervisor Charles Terry.

Zoning director David Johnson said the planning commission voted 3-2 to deny the PUD.

Swaney said the average size of a hotel room is 370 square feet. So he made his cabins 400 square feet to accommodate six people.

“If the PUD was taken out, what would the variance be?” asked District 4 supervisor George Zinn III.

Swaney said all he is asking for is the R.V. Sites.

Terry explained that one side of the Highway 178 is commercial and the other side is residential. He asked to hear from the residents.

Swaney said an R.V. Park will boost business in the county. He cited 161 signatures on a petition to approve the R.V. Park.

Terry said not all signatures were from people who live next to the area.

Zinn asked the reason why the sewer line is not going in.

Swaney said he didn’t have the money but if he gets approval for his R.V. Park, he can request a loan from the United States Department of Agriculture.

Zinn asked if the sewer would be a public line.

“Yes,” Swaney said.

“How are the people staying overnight benefitting Marshall County?” asked District 5 supervisor Ronnie O’Neil Bennett.

Swaney said Ibraham Babukr, owner of the Travel Centers at Red Banks, said his business doubled when the steakhouse opened.

He would add 20 more employees and the state would gain tax revenues.

“You guys would make an extra $100,000 a year in tax revenue,” he said.

“Clancy’s business picked up,” Schneller said.

Swaney said some people who arrive without reservations at the steakhouse often do not want to wait for dinner and go eat at Clancy’s.

He said he employs sheriff’s department deputies as part-timers for security and has never had an incident in seven years.

“It gives sheriff’s deputies work,” he said.

“We still have the prerogative to turn it down,” Walker said.

“He has to meet the requirements of the county engineer,” Terry said.

Smith clarified the issues at hand.

“What he’s suggesting is not a variance, but a special exception to go before planning,” she said. “It’s before us for appeal of a denial of a PUD. So it needs to go before the planning commission to request a special exception.”

“So, we are all here under the wrong perception,” Terry said. “I was thinking it was for approval for an R.V. Park, not for a PUD.

“It’s between a rock and a hard place, when you have commercial and residential. We are about to reassess the county appraisal. Somewhere we got to come to where we can live with commercial and residential. The east side of Bicycle Road will not infringe on residents. There is a fear of trailers. R.V.s and trailers are two different things.

“All of this is contingent on completing the sewer and all items including the parking lot. Safety issues. A complete parking lot resolves safety issues. Others can tap in to the sewer and it would increase the value of other’s property. Do Phase I east of Bicycle Road. If the community could live with that, there are some houses on the east side, but not as many on the west side.”

Jennifer Stroupe presented some concerns of residents.

“I am tired of having to come up here because we can’t say no to this development. You must be a C-2 to have an R.V. Park,” Stroupe said.

She said the residential (cabin) has to be 800 square feet.

“He has two size cabins, 200 and 400 square feet,” she said. “Our community does not want this. It is dangerous because they (steakhouse customers) are parking on the side of the road.

“I’m here 43 years. We are good neighbors. We all know each other. We are asking Mr. Swaney to be a good neighbor. The book (ordinances) says he has to pave his parking lot. Now it’s seven years and the and the business is without a parking lot paved. He’s going to have to provide security at four different check-in places.”

Zoning administrator David Johnson said the special exception for the cabins were approved in 2018.

“The PUD would encompass the property as a whole,” he said.

“The only thing not approved in 2018 is the R.V. Sites,” Swaney said.

He said the idea for a PUD originated in Zoning in order to keep from zoning individual spots.

Schneller said the special exception has to be approved by the board of supervisors.

“Why haven’t the cabins been built?” asked Walker. “I don’t understand the previous board approving something without a sewer.”

“The sewer was going to cost $750,000,” Swaney said.

So, he said, if he had sewer he could do other things, but the city (of Holly Springs) would not support extension of the sewer to his site.

“The minutes of Sept. 2018 is just to extend resort status,” Smith said.

Terry said the concern about the cabins was that they be on a permanent slab rather than piers.

The original discussion was contingent on sewer service, he said.

“I would like to see all growth and potential growth as we can have,” Terry said.

Smith said Swaney can get a special exception for an R.V. Park in a C-1 zone.

“But he has to go before zoning to get a special exception and he would have to have a site plan to apply for a special exception,” Stroupe said. “It’s the price of doing business. Make Mr. Swaney put some skin in the game.”