Zoning sides with residents

At a recent meeting of the Marshall County Zoning Board, two tracts of land were considered for rezoning from Residential Estates to Industrial-1.

The tracts, consisting of about 107 acres total, were wanted by Porter Equity Partners for expansion into industrial use. The additional two parcels totaling about 66 acres held by WMF Land Holdings were also under consideration to be rezoned from R-E to I-1.

Attorney Bill Schneller, representing Porter Equity, said the north part of the tract would be best for industry and is a fair way from Farley Road (where residents would be affected). Plans were to build a six-foot berm and to use the site for light industrial use, he said. Barringer Road is also located near this site, in the Chickasaw Trail Industrial Park.

“It’s consistent with what is going into the industrial park,” he said.

Truck traffic is mostly going down Barringer Road now and taking Highway 302, he said.

“I know right now you live in the country but that’s changing,” Schneller said.

Zoning director Bobby Bonds said a six-foot buffer does not make sense.

Attorneys representing three landowners brought up concerns by South Collierville Farms Subdivision residents.

Attorney Mike Graves said the character of the area where the Porters and WMF Land Holdings is seeking to rezone is quiet, rural, open space with trees and large lots with very nice homes zoned R-E.

“They are entitled to rely on that zoning and the Supreme Court sets a high burden to change it,” he said. “Porter asked to rezone because there has been a change in the character of the area.

“The Supreme Court requires there has been a substantial change in the character of the neighborhood and that there is a public need. We don’t believe either has occurred.”

Brenda Solomito Basar, land planner and a consultant with Graves, said she accepted the case because it is significant and needs to be addressed.

Her points included that I269 has been on the radar since 2007 with the segment in DeSoto County coming under construction in 2011 and completed in 2015.

“I do not believe I-269 is a significant rationale for expansion of development in this location,” she said.

Basar said rezoning applications must first consider existing land use patterns. All non-developed land is in the Chickasaw Trail Industrial Park.

“You do have to have public need,” she said. “Are they compatible with property in the South East Collierville Farm Subdivision? I do not see a connection of change and R-E expanding and industrial park development.”

She asked if there is enough zoning for industrial and utilities already. There is already enough vacant land in the industrial park.

“Why is it going to be extended to the west?” she asked.

And there are 250 acres in the Byhalia Industrial Park and another 3,000 acres in Springs Industrial Park, she said.

“You already have over 8,000 acres still available in Marshall County zoned industrial,” she said. “Growth is good in its proper place. We do not believe Porter can meet the legal requirements to rezone it industrial.”

A number of residents came forward to oppose the rezoning request.

“There is plenty of land around 302 and I-269 available that would not affect our already established neighborhood of over 20 years,” said Desiree Ogden.

She alleged Porter planned to put in 78 homes and market them as country living at $300,000 but feared he could not find buyers because of the noise.

Ogden said industrial development would lower their property values, create unwanted traffic, and create unsafe roads in the neighborhood where people are now able to walk or ride bicycles on Farley Road.

The large parking lots would be a playground to attract criminals to the area and children would be unsafe playing outdoors, she said.

“That’s why we left Memphis,” Ogden said. “We moved to Marshall County because it felt safe. We bought into the dream — a slow-paced world of quiet living.”

Michael Whitson spoke for many opposing the rezoning.

“My neighborhood is definitely against it,” he said.

He owns 40 acres along Barringer Road and plans on staying there a while.

“It’s out of character and we expect stormwater issues if 107 acres are developed and blacktopped,” Whitson said. “Water is ending up downstream and all that water could be going west right through our neighborhood.

“We definitely oppose this rezoning.”

William Bateman of Southeast Collierville Farms said more houses are needed in Marshall County. He said people are commuting to Marshall County to work and driving back out of the county where they spend their money.

He said the creek behind the subdivision is flooded already.

“We want to leave it residential to bring more people in,” Bateman said.

Maureen Whitson said warehouses are noisy places with trucks coming in and out all night and forklifts beeping. And there is light pollution.

“We want to be able to look at the stars,” she said.

Ann Bateman said I-269 and Highway 302 have created a “new front door” to Marshall County.

“As you get off 72 you’ll be looking at these big box buildings,” she said. “You’ll see them abandoned in Memphis.”

Lisa Crisp, an asthmatic, said weeks of burning of trees and brush near her neighborhood sent her to the doctor. Another neighbor also has health issues.

And she is a wildlife advocate.

“They have nowhere to go, putting out concrete and asphalt,” she said. “We need the foliage to sustain life not only for animals, but for us. We’ve lost a lot of forest already.”

Schneller said Collierville Farms was built in 1995 when zoning was not in effect and there were no protected areas.

“(Highway) 69 was all pure speculation,” he said. “(Highway) 302 did not exist. Commercial business was at intersections.”

He said a public need was driven by a need for warehouse space in the industrial park.

“Whether Southeast Collierville Farms likes it or not, it’s there,” Schneller said.

He argued there is a section of homes between the subdivision and the industrial buildings which bring in sales tax revenue. Water is always an issue and if “somebody screws up your water, you got a right to sue them. The requests are well within ordinances in zoning.”

Jane Marksberry said she lives near Barringer Road.

“That scares me to pieces,” she said.

Graves said a pipeline serves as a natural boundary. He praised Marshall County with the jobs it created in the industrial park.

“But that does not mean all the county needs to be zoned industrial,” he said.

“I live in Byhalia and it’s gone berzerko,” Bonds said.

He made a motion to deny Porter’s request for the rezoning of 107 acres to I-1. Board director Clista Ash seconded the motion and it passed 4-0 with director Joe Hurdle absent.

The audience applauded the motion.

WMF Landholding Warana Capital

Mike Davis, who lived in Memphis until 1983, said he saw Memphis change over the years with planned parks and friendly neighborhoods.

“Construction of an intersection next to your property is definitely a change in character of your neighborhood,” he said. “Marshall County has done a pretty good job with lots of land to develop. Shelby County and DeSoto County are built out (and that) is the reason Marshall County is under development.

Representing Warana Capital, Davis said he is asking for 20 more acres on Barringer Road to be rezoned from C-1 to I-1.

“Every site has storm-water detention,” he said.

Wayne Richmond, of Southeast Collierville Farms, asked what protection would be there for its residents.

All concerns in the previous discussion will be the same as this one, he said.

Graves and Basar repeated their objections of change in character of the neighborhood and no public need.

“Typically, this is called `commercial creep,’ “ he said. “All of a sudden residents disappear. This would be an `industrial creep’ and use this rezoning as justification for doing that.”

Ronald Weiss made one last-ditch effort for Southeast Collierville Farms.

“I moved out here for one reason,” he said. “This is my `carry me out of here.’ I chose to move out and not have my neighbor with his nose under my arms.”

He mentioned empty warehouses on Holmes Road.

“We moved out here to see the stars,” Weiss said. “We moved out here for safety. If you put warehousing and industrial and anything but homes, then you are going to have crime in those empty parking lots.

“You’re just talking about a money losing prospect all the way around. When we moved out here, we expected our neighborhood to stay like it was. I’ve had my say. Y’all have a great day.”

Discussion concluded, Bonds made a motion to deny the rezoning request of Warana Capital for 50 acres. Zoning director R.J. Wilson seconded the motion and it passed 4-0.