Warsaw Grocery may be threatened

A property zoned C-1 that is located in the sharp curve at Warsaw Grocery is threatening the peace of Paula Baldwin.

She said several people have approached her wanting to purchase Warsaw Grocery.

If she does not sell, she fears the persons will build a competing business in the strong curve across Highway 309 South opposite her business.

She has gathered a number of signatures of residents on a petition to the Marshall County Zoning Commission, hoping supervisors will protect her interests.

With Baldwin was Phil Campbell, who does not want a competing business at Warsaw.

Baldwin argues that the Mississippi Department of Transportation has guidelines and manuals with rules against opening an entrance in a curve, which could endanger motorists, if a business is built in the curve.

“We do not have a way to regulate state entrances,” said zoning administrator Ken Jones.

“This is an issue that should be laid out at zoning,” said District 4 supervisor George Zinn III, in whose district the property is located.

Baldwin said her information was the property is zoned commercial.

“So, the information you laid out is not with us, it’s with zoning,” Zinn said.

He suggested she bring up the matter at zoning first, as is typical for zoning issues that appear before zoning. After a ruling there, Baldwin can take it up with the board of supervisors as an appeal.

Baldwin said her appearance was “a little premature at being here.”

“If it is commercial property, it is going to be developed,” she said. “What do you do? I want to present this information to tell you what’s going on.”

District 3 supervisor Keith Taylor said a previous owner said the property was “a killer in that curve.”

“Mr. Zinn is right, it is the Highway Commission that has control,” Taylor said. “I think it is stupid to put more traffic coming out in that curve. They will have to apply with the state. I’ve spoken to (Rep.) Kinkade. I don’t want to put any residences there. If it was on my side, I’d be all against it. I’ve told John Caldwell (with MDOT) I’m against it because of safety. A lot of trucks would come in and out. There is a church there.”

Baldwin read from the State Manuel.

“I think you have it, but you need to give it to their board (zoning) first,” Taylor said.

“I knew this was zoned C-1, but I also wanted to ask since it was not voted on at zoning before,” Baldwin said.

She has 500 signatures against the gas station.

District 5 supervisor Ronnie Joe Bennett explained the situation.

“I think we all understand what you are trying to do, but it’s all on the state (to decide),” he said. “I don’t know when it was zoned.”

Jones said the property was zoned when the original zoning map for the county was created.

“I never saw a vote taken on it,” Baldwin said.

“When we established zoning it was in the 80s,” Jones said. “It was put on the map.”

Board attorney Amanda Whaley Smith entered the discussion.

She said zoning regulations were established in 1985.

“Then, from that point forward, it would be advertised and put in the paper,” Smith said.

Taylor said when the zoning map was created the only thing on that property was a house when he first was elected.

“It was residential,” he said.

“He’s proposing a very large service station,” Baldwin said.

Zinn said the state would require a set back.

“You have to go to the state to get this stopped,” Bennett said.

“I’ve already reached out to the legislature and the Public Service Commission, just because of the safety issue,” Taylor said. “Until that’s done that’s going to be a death trap there. If I had a vote, it would be because of safety.”

“If it was a county road, you would be in the right spot,” Bennett said. “It’s not, it’s a state road.”

District 1 supervisor Charles Terry said Baldwin’s worries were premature.

“You are gathering a lot of information for a potential fight ahead, but there is nothing we can do,” he said. “We may be here today fighting a fight that will never happen.”

“That’s my district. I’m concerned about safety,” Zinn said. “Well, I’d be opposed to zoning at this time, but make sure it’s safe.”

Smith said rezoning of any property cannot be done without the property owners request.

“It would be all kinds of constitutional rights that would be violated,” she said.

“The first step would be to call John Caldwell,” said Taylor, “But you can’t deny them for asking. But setbacks will be what will stop it.”

Phil Campbell thanked the board for allowing him to speak on the issue of safety.

“A lot of people don’t think anything about S curves,” he said. “But I live in that S curve. You gotta look in three different directions and then be quick if you are sitting at that corner trying to get out.”

He said traffic through that area starts at 5 a.m and is nonstop until eight or nine in the evening.

Campbell said his dad and another motorists were sitting at that curve and both of drivers were thinking of doing the same thing - making a dash trying to get out and had a head-on collision.

“That house on the corner, I was told was residential,” he said. “I’m concerned about the safety of people driving in that Warsaw curve.”

“It needs to be straightened,” Jones said.