City delays threaten 120-day zoning requirement

John Coffelt, Editor

The Board of Mayor and Aldermen’s declining to zone recently annexed property on Oakdale Street during the October meeting delay could likely push the city beyond the 120-day deadline to designate the property with a zone.

Representing the property owner during the Nov. 18 Planning Commission meeting, Nicholas Northcutt said the delay has left his client in limbo.    

During the September BOMA meeting, the board returned the matter to Planning to address changing the Land Use Plan to R-3 medium density residential.

The property owner, Curl Properties, has requested the property to be zoned R-4 to match part of the property already, yet the city deferred the matter back to Planning asking it to recommend an R-3 medium density. Zoning designations and changes to the Land Use Plan are made by BOMA.

The entire area is listed on the city’s Land Use Plan as R-5 high density mobile home. A neighboring property owner has, over the course of several years, objected to the R-4 designation, citing concerns that include traffic on Oakdale Street. 

Planning Vice Chairman Leif Swanson said that if the city designated that individual property on the Land Use Plan to R-3 it would be similar to spot zoning.

“If we start amending the city Land Use Plan to say subjectively we don’t want any more R-4, then we are almost back to spot zoning (like) if a developer wanted R-4 in the middle of R-1. It’s almost like the reverse of that,” Swanson said. 

Planning Commission member Ward Johnson asked if there was anything that the Planning Commission had done improperly for BOMA to send it back for reconsideration of its previous recommendation for R-4.  

Representing Curl Properties, Jeffery Jackson said R-4 request fits the nature of the neighborhood.

“There is nothing that we are aware of that should kick this out of R-4,” he said. “There is active high-density housing in the proximity.”

The request for annex of this portion of property dates back to at least Oct. of 2022 when BOMA rejected the request for annexation.

Area resident Amanda Monte has voiced concerns about the development at meetings since that time. 

“The revised property lines show that there is only one entry way into the proposed high-density development,” Monte said. “The roads leading to the subject property are single-lane roads. Oakdale Street at its widest width is 13 ft., while its shortest width is 12 ft. 4 inches. Furthermore, Elm Street, the street that intersects with Oakdale Street, is only 16 ft. 9 inches wide which makes for a very tight turn on to Oakdale.”

Monte said current infrastructure surrounding the property does not support the Plan of Service, proposed annexation and proposed rezoning of the land to a high-density area.

“I completed the due diligence to show that this type of development in this particular area of Manchester does not have the adequate infrastructure, sufficient urban services or the support of this community to pass this annexation or rezoning to a high-density residential area,” she said.

The Planning Commission sent a negative recommendation to change the Land Use Plan to R-3. Mayor Joey Hobbs said during the Nov. 17 meeting that he would request a special call meeting to zone the property in December to meet the 120-day deadline.

“If the board can come to some conclusion on the first reading, we will have a special call meeting to be inside the time,” Hobbs said. “We have to get the first hurdle done first.”   

  

John has been with the Manchester Times since May 2011. John has won Tennessee Press Association awards for Best News Photo and placed in numerous other categories. John is a 1994 graduate of Tullahoma High School, a graduate of Motlow State Community College and earned a Bachelor of Arts in English from Middle Tennessee State University. He lives in Tullahoma, enjoys painting, dancing and exploring the outdoors.