Zoning denies rezoning for PUD

A large turnout of citizens opposed to rezoning of 94 acres in the Chickasaw Trail Industrial Park area for a Planned Unit Development was successful at the Thursday, Aug. 10 meeting of the Marshall County Planning Commission.

The developer, Chickasaw Marshall Investments, sought rezoning of properties located on Barringer Road from Residential-Estates to a PUD.

A very highly organized community opposition group led the discussion of specific objections to the development.

Residents in the area have complained about flooding and erosion problems in the area after developers scraped off vegetation to prepare the site for industrial or residential development.

Michael Whitson led the charge with five people making key points on why the community objects to the PUD.

“This is very very important to us,” Whitson said. “We’ve had to resist the proposal and come up with a better plan.”

Some people have homes or land near the proposed PUD. One hundred thirty-two people (60 percent of the residents) signed a petition in opposition to the PUD. They live or have property on Landon Circle and Farley Road.

Whitson said the community wants to work with the developer to create a consensus solution.

“We know it is going to happen there, but we want to have a voice in what happens there,” Whitson said.

The community questioned if there is a public need for housing, whether the infrastructure is sufficient to support the PUD, whether flooding issues are being taken into consideration and the developer’s (John Porter’s) past disregard for state and county environmental statutes.

Maureen Whitson said the PUD would change the character of the community.

“It’s going to happen,” said Planning Commissioner Bobby Bonds.

“We’re not fighting that,” Whitson said. “We are opposing the PUD.”

Zoning administrator Ken Jones said in a Residential-Estates (RE) zone, subdivisions are approved and this proposed PUD will have city water and sewage and smaller lots. The housing density in the PUD will put houses within 15 to 20 feet of each other.

“It won’t be 1.5 acre lots,” Jones said.

Whitson said the community wants quiet community living similar to Southeast Collierville Farms subdivision.

“We don’t want five houses stacked up on an acre,” Michael Whitson said.

Maureen Whitson asked if there is a public need for more housing since the population in the area has dropped since the 2010 census.

“The housing demand is already being met,” she said.

“What we don’t need is putting these small houses right next to bigger houses,” Michael Whitson said.

Cayla Crisp said road improvements will be needed to handle the traffic of a PUD containing 280 zero lot lines and 552 new homes. That density would generate 600 vehicles traveling to and from work on Barringer Road - one vehicle every six seconds,” she said.

John McCarty, engineer for the PUD, said there will be controlled access so no trucks will come down Barringer Road.

Crisp said there is only one additional PUD in the county - Kirkwood Golf Course.

Jones said there is another PUD - Grove of Cayce, a trailer park on North Cayce Road.

Crisp asked if local schools can accommodate the influx of new students that will come with the new housing. Would students have to walk to school?

Jones said the communities will be gated, but school buses, police and fire personnel will be able to enter the gate.

Crisp continued asking if present grocery stores and service stations are sufficient for large developments.

The lack of commercial businesses will cause people to have to shop in Tennessee, so sales taxes will be lost, Crisp said.

Susan Walker pressed for answers on how flooding, already a huge problem in the north, will be controlled. Her property floods on a regular basis after a two-inch rain, she said. When developers scrape off the topsoil, the velocity of stormwater creates flooding on lots and in creeks, she said. After three large storms, the creeks filled up sending water over the road.

“I’m left with mud for my horses to graze on,” Walker said.

Whitson said he does not want five houses on an acre lot, but instead one house per acre.

“You want the community to be like what you have now,” Jones said.

“That’s not going to happen,” Walker said. “We drive through mud to leave our property.”

Whitson suggested developers start with 20 acres “to prove you can do this right.”

He said residents are dealing with silting of their land.

“We think these houses will be at risk,” he said. “Up to $1 million houses are going to be at risk.”

Tracey Talley, who has had a very large and beautiful pond flooded with mud and silt from runoff on land developed across from her property, said developers of the Chickasaw Marshall Investments group has a tendency to come in and deconstruct, destroy the land, and there is no position left for subdivision residents than to oppose development.

John Porter, a developer on Quinn Road, has a history of coming in and clearing land that causes erosion issues and do not change their behaviors, Talley said. Uprooting trees leaves no support for the soil and it washes away.

She said it is simply a money-making deal for developers while more suitable land is available.

“We’ve got to manage this road. We urge you to deny this 94-acre PUD request,” Talley said.

Kanlyn Houcek added her concern for provisions for education for children.

“We are 41 in education,” she said. “At a rate of 1.9 children per household, we will have to come in with additional schools. More children are going to need school. That support has to come from the tax base. Our children are the foundation of this county. We are walking away from them when we give them less than what they need.”

Lester Goldsmith said he is concerned the electric capacity won’t be here.

McCarty summarized points on behalf of the PUD.

“There is no material change,” he said. “You will agree there has 302 growth - a lot of demand for low maintenance smaller lots. The subdivision is bonded.”

“You are going to be compounding the problem,” said commissioner Joe Hurdle.

“We will solve all the water problems,” McCarty said.

(Laughter).

“We will have to engineer solutions. This is the correct order of development,” he said.

He said the development will start with a section of town houses, up to 50 to 100 lots a year and take about six years to complete.

“We got two grocery stores in Marshall County,” Hurdle said. “I don’t know of but two in the county. We need infrastructure first. I think we’ve got the chicken and egg situation. I’m not in favor of this now.”

“Commercial development follows rooftops,” McCarty said.

“I don’t know of anybody who said there is a need for them,” Hurdle said.

“We have an obligation to protect people already in there,” Jones said.

Hurdle made a motion to deny the request for rezoning, R.J. Wilson seconded the motion and commissioner Clista Ash voted to deny the request. Bobby Bonds voted for the request.

Jones told McClarty he can appeal the denial by zoning at the next board of supervisor’s meeting, either Aug. 21 or Sept. 4.

In other business, Bob Farley asked to rezone 17.82 acres on Highway 302 from Residential Estates to C-2. The site will be used as a building and warehouse to support a concrete business across the road, Farley said. The company builds concrete walls in situ for large warehousetype structures. The board unanimously approved the request.

The board considered a request to rezone 9.5 acres in the Olive Branch East Subdivision, located at 4933 Highway 302 from RE to C-2 to be used for a gas and diesel fuel station.

Jones recommended the request be denied.

Anthony Howell, owner, said he will file an appeal with the board of supervisors.