January 16, 2013 Massengill Springs Rezoning Approved on First Reading; Buffalo Trail Rezoning Rejected on Second Reading

MASSENGILL SPRINGS REZONING

The rezoning of the "Massengill Springs" acreage behind Bojangles on the West A.J. Highway was approved on first reading at the Morristown City Council meeting yesterday despite continued opposition from several residents of the area.  A new Food City will be the major focus of the development by BB&J.

Second reading with a public hearing will take place in February.

The vote was 4-2 in favor of the rezoning. Councilmembers Dennis Alvis, Chris Bivens, Gene Brooks, and Mayor Danny Thomas voted "yes" while Councilmembers Kay Senter and Bob Garrett voted "no." Paul LeBel was absent but had abstained from voting on Massengill Springs in September due to a conflict of interest.

The rezoning of a similar tract was rejected by council in September when the tract to be rezoned touched property of residents on Collins Street who objected and presented a petition to council that then required a 4/5 vote for approval (6 of 7 council votes).

In December, 13+ acres were sold by Luke Massengill to Dwight Frazier who then sold it to Don Bunch. Bunch then apparently combined the 13 acres with property he already owned and sold the new tract of 26+ acres to BB&J.  Since, the new tract for the proposed development no longer touches the residents of Collins Street, the residents were not able to present a petition to force a 4/5 vote for approval.

Several residents spoke out against the rezoning yesterday. As the rezoning came back to Planning Commission and to council, legal action has been threatened concerning the December deeds, plats, and other issues.

Click here for a previous post with videos of the September meeting and vote.

BUFFALO TRAIL

The rezoning of the property of Jimmy Sisson at 1848 Buffalo Trail was rejected on second reading yesterday. The measure to rezone the property to Intermediate Business had passed on first reading at council's December 18th meeting. The property also adjoins Medlin Street. Prior to yesterday's vote, residents along Medlin Street presented a petition to council with the required number of signatures to force a 4/5 vote for approval.

The Buffalo Trail/Medlin Street rezoning failed by a 4-2 vote. Mayor Danny Thomas and Councilmembers Gene Brooks, Chris Bivens, and Kay Senter  voted "no." Councilmembers Bob Garrett and Dennis Alvis voted "yes." Paul LeBel was absent.