Zoning denies rezoning for convenience store

Several items of community interest were taken up at the Oct. 13 meeting of the Marshall County Planning Commission.

A request for a permit to expand the Quad County Landfill in the Chickasaw Trail Industrial Park was taken off the agenda.

The extension would add 25 acres to the existing landfill, which is zoned industrial.

The owners asked to remove the request from the agenda without any explanation.

Planning Commissioners approved the request to remove the item from the agenda by unanimous vote.

Commissioner R.J. Wilson was absent.

The request for approval of a preliminary plat for James Robinson to build 26 lots in Red Oaks Subdivision on North Red Banks Road was unanimously approved.

The subdivision was formerly owned by Mark Anderson and the new owner anticipates adding Phase 2, which will have two exits that go out Moore Road.

A request to rezone two parcels coming to just over five acres at the corner of Laws Hill Road and Highway 4 West from Residential-1 to Commercial-1 for use as a convenience store was denied.

Zoning administrator Ken Jones said 21 letters sent out drew no approvals and 23 objections were lodged as well as a petition opposing the convenience store.

Wes Ashworth, a civil engineer, spoke for the owner Kir Kahn.

He said the site has not been designed pending approval from Planning. The owner wants a modern convenience store with gas pumps.

Ashworth said the location is ideal for the proposed use.

Conway Moore, Levan Miller, who brought the petition from citizens, and Eloise Finley spoke in opposition to the rezoning.

“We in the community feel like this is not a need,” Miller said. “It is a peaceful neighborhood – a quiet peaceful area and we’d like it to stay that way.”

Moore said there are already plenty of places of convenience – the store at Laws Hill and Chulahoma and Miss Dot’s Convenience Store near the intersection. She said the comprehensive plan does not indicate it is warranted.

“The quick stops have become hangouts,” she said.

“We don’t want it in our back door,” Finley said.

The commission unanimously opposed the rezoning request but said Kahn has 10 days to file an appeal of zoning’s decision to the board of supervisors.

The last request came from Scott Abbott with Panattoni Development Company for rezoning of several parcels coming to 125.26 acres from R-E to I-2. The seven tracts, all north of Highway 72 in the industrial park in Lenderman Road area, would be purchased pending approval for rezoning. No properties south of Highway 72 were included in the request.

The Planning Commission unanimously approved the request.

Planning board attorney Lori Shaw advised the commission that a resolution to pass an ordinance for the use of Medical Cannabis is underway by the Board of Supervisors. The guidelines and regulations will be published in the newspaper prior to adopting the guidelines, Shaw said.

Commissioners unanimously approved accepting the recommendations to publish ordinances.