Spencer opposes rezoning land next door to C-1

Boardroom discussions by residents who are resisting the encroachment of developers on their properties continued Nov. 18 in the Marshall County Board of Supervisors meeting with the matter beung taken off the table to discuss a small developer’s request to rezone a property from Agricultural/Residential to C-1.

Jane Spencer, who inherited her parents property located south of Old Highway 78 in the Victoria area, pleaded with her supervisor to not allow development of a 11.4 acre site for commercial purposes.

Spencer was born and raised in Mississippi and had lived over 30 years in Marshall County.

“We should be heard on it,” Spencer said. “He (Sergio and Bella Perez) want to rezone their property to Commercial- 1.

Her supervisor, George Zinn III, said he had looked at the properties and made a motion to take the matter off the table so it could be discussed.

He said he went with zoning director David Johnson to look at the layout of the properties, Spencer’s property and the Perez property.

“Ms. Griffin (Spencer) has a beautiful piece of property,” he said.

Zinn asked if Perez has completed his plan for the property he wants rezoned.

Zinn said he looked at the entire property and thinks, if rezoning is approved, there should be a 50-foot setback from Spencer’s property line.

Johnson said zoning rules require a 25-foot setback on the side for commercial zoning.

“Perez would have to agree to these terms,” Johnson said.

Zinn said there are businesses all around Spencer’s residence, and, if Perez is held 100 percent to the setback, he would not object.

Board attorney Amanda Whaley Smith said if the Perez property is rezoned, the property would be open to anything “that fits that.”

“So, if you are doing a special setback, it has to be by agreement and (the agreement) maintained down the road,” Smith said. “If rezoned, it will be from here forward.

“He has to go back to zoning with a plan to follow the ordinance for that. If you rezone from AR to C-1, it will be commercial. If you rezone the property, he can use it as he wants and it will also be the same for anyone who he sells the property to.”

“You can hold him to what he says, but once he sells it, it is open as a commercial property use and goes back to original zoning regulations,” Johnson said.

“It has nothing to do with the Comprehensive Plan the county is paying for,” said Zinn.

District 2 supervisor Johnny Walker suggested the request be tabled “until we get the Comprehensive Plan back.”

Slaughter and Associates out of Oxford has been hired to develop a Comprehensive Plan for the county and to review and overhaul the zoning ordinances.

Zinn said Perez was under the impression he would be held to what he had presented at Zoning.

“I’m concerned for Ms. Griffin (Spencer) and I was prepared to try to move forward, if they cannot be held to what they say they will do. I want to table to later discussion,” Zinn said.

District 1 supervisor Charles Terry asked for clarity on progress made by Slaughter’s group.

“I was told it would take nine months,” he said, referring to how long Mike Slaughter said it would take to complete a Comprehensive Plan.

“I ask from this day forward, we table any rezoning proposals for at least nine months, or until we get something back from them,” Terry said.

“Second,” said District 5 supervisor Ronnie O’Neil Bennett.

Smith said that would be to table the matter until the second meeting in August 2025.

Terry’s motion was passed by unanimous approval of the board.

In other business, the board of supervisors:

• learned that a mapping audit reported no errors. A real property audit conducted by State Auditors found only 8.8 points missed.

• heard a report from tax assessor Barbara Belfoure that, out of approximately 1,600 outstanding building permits, only about 400 permits are left to be reviewed. She said most permits being looked at are those requests in 2023-2024.

• heard bids for clean-up of a property at 183 Plantation Way where a large number of used tires are stored. Barrett Ash Landscaping bid $7,850. Curt Huey Construction Company bid $6,700. Huey was awarded the bid.

Smith said a lien on the property will be placed to satisfy the cost of cleanup, and, if the property is sold, the lien goes with the property when sold.

• ordered clean-ups of lots #4, #16, and #17 at Crenshaw Trailer Park, owned by Paul Lewis. The clean-ups concern campers parked on small lots.