Planning and Zoning Meeting - Regular Meeting

Thank you Lord for this day that you have given us and as we come to be about county business we ask you be with us in your name we ask we say amen.

Amen. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Motion to approve uh minutes from March 12th.

Second move and properly second. All in favor? Eyes have it. So it is motion to open public hearing. Second. Move and properly second. All in favor? It is Sharon and David. I don't see them here. Mr. Um, guess we can put them off to the end if they show up. Okay. LFP. I think he's in the hall. Excuse. We'll get to it when they come in.

LFP. Good morning everyone. Morning.

Uh hello. My name is Scott Shoemaker and I'm here representing the development company LFP LLC. In regards to the petition we filed in order to reszone property. The two different tracks are currently zoned SU1 and R1. However, it is our desire to reszone the property to R2 and continue the development currently in place uh which is named Autumn Crest. Uh you should have two petitions. the way the property is set up. Um, there's one part of it that's an SU1 and the other that's an SU2 or R1. So, they're the same exact petitions, uh, but they just represent two different pieces of land. So, all of the data that I'm going to go over are in the same ones. Uh, hopefully that that's clear. Okay. Uh, the Madison County Zoning Ordinance, uh, section 806.3 says, "No amendment to the official zoning map shall be approved unless proposed zoning meets one of the following criteria. That there was a mistake in the original zoning, a mistake as the clerical or an administrative error, or B, that the character of the neighborhood is changed to such as to extend to a justify reclassification that there is a public need for the resoning." Section A, there was not a clerical uh or administrative error. So, I'm here to illustrate to you today uh section B, which is the change in character and public need. The change in character started a while back and let me show you. First, if you'll open up our zoning package that we have, and I'm going to ask you to go to a bunch of attachments that we have in there. Uh there is a map of the current zoning in the area and the area around the subject property. So, if you'll go to attachment D, you'll see the map. On that map, the areas outlined in blue are R2 communities and areas outlined in green are PUD or PERD communities. The subject property you can see in the

middle is shaded in blue. Um, at this time, it's important to review a timeline to illustrate the change in character of the neighborhood in a very clear and accurate way. There have been four tracks of land that have been reszoned since the adoption of the comprehensive plan in 2019. The location of these tracks can be found on attachment E. So that's the map that you see. And they have been labeled when they were reszoned by the board of supervisors. Again, that's attachment E. Now, I'd like for you to review the change in character of the neighborhood timeline, which is attachment F. That's the next page. So, let's review the timeline together. And if you need a reference back to attachment E to see that location, you can. So, in November of 2019, the board of supervisors adopted a comprehensive plan. In December of 19, 28.27 acres was approved by the board of supervisors to reszone to R2. In August of 2020, 17.58 acres was approved by the board of supervisors to reszone to R2. In March of 21, 34 acres was approved by the Board of Supervisors to R2. And in January of 23, nine acres was approved by the board of supervisors to R2. But you don't have to take my word for it. Also attached is attachment G, which is the minutes of the board of supervisors meeting when those parcels were reszoned. The minutes are highlighted to correspond the boxes in the timeline. Just so you can find follow all of it together. Uh that's four different parcels since the comprehensive plan was adopted in 2019. four. That is a change in character of the neighborhood.

Okay. However,

uh however, what's the reason this property was given an R1 zoning from an A1 zoning in the first place? And I'd like to explain this as this is from Scott Weekes at an earlier meeting. The minutes of that meeting state that the zoning administrator, Scott Weekes, stated that the reason this property had been reszoned from agricultural to residential was due to a change in the law in Mississippi for agricultural property. It explained that they changed the property zoning as part of a comprehensive update taking it to the least restrictive residential zoning because the area is predominantly residential. He further explained that it would be up to the owner of the property to seek to reszone it to the type of resoning that they wanted. So if you look back at attachment D, the map that had the blue and the green boxes, does an R1 zoning really fit that area? So to take a quote directly from the comprehensive plan, the land use plan should not be regarded as being cast in concrete. Instead, it should be remembered that the land use plan is subject to change as the county grows. It may be amended from any at any time following the necessary public hearing. But let's dive in a little bit more. Why not R1? First of all, sewer is available at this location. You can't put a treatment plant or a septic tank uh anymore. One of the defining characteristics of an R1 community is sewer is usually not available. sewer is available here. Uh inside our resoning application toward the end, you'll see attachment M and that is a letter from Bear Creek saying that the water and that water and sewer are available at this property. Number two, an R1 community doesn't work here because the infrastructure cost is so high. Sewer cost alone on so few of lots in an R1 community um just simply doesn't make

sense. And finally, like I said a second ago, an R1 community really is not going to work right in the middle of an R2 pud area. So change circumstances meant a change in character. The reason of these parcels located in this area have changed the character of the area. It's changed since the comprehensive plan of 2019. And furthermore, this data illustrates and supports the changing character of the neighborhood. So that's part one. Now I'm going to talk about public need which is part two. Public need is defined by substantial or obvious community need. So let me illustrate it first on attachment H. So a little bit further through the application. This is from the uh Central Mississippi Realtors Indicators report. If you look at the second paragraph, you'll see that inventory decreased 2.3%. The third paragraph states that a month's supply of inventory decreased 2.4% to 4.1%. Experts out there say that a sixmon inventory is a healthy real estate market. We fall below that. But let's get more specific. If you continue to turn the page, you'll see a days on the market analysis. At the very top of that report, you're going to see the parameters that were set. residential single family residential Madison 39110 new construction Madison County School District year built between 2024 and 2025. So let's look at that report together. In 2024 107 number of sales with 105 days on the market. In 2025 that declined to 31 sales and 43 days on the market. If you turn the page again, we're going to dive a little bit deeper and we added

the same parameters, but we added 18 to 2200 square feet. 2024 number of sales was 14. The average days on the market was 84. In 2025, it's 10. And the average days in the market went to 38. We can even be more specific. Uh, and I can combine neighborhoods that are existing. So, this would be new construction and pre-existing homes. I want to pick on a couple of them here. Beltare closed five houses in 2024, four houses in 2025. Their days on the market went from 69 to 41. First Colony, another R1 community, closed five in 2024, closed three in 2025. days in the market went to 24 to 17. But now let's bring it down to where our core is. Let's talk about Autumn Crest and Falls Crossing, which is right here where this property is. Closed in 2024 was and this is false crossing closed in 2024. 29 closed in 2025 15. Autumn Crest closed in 2024 nine closed in 20254. The days in the market in Autumn Crest went from 105 to 32 and Autumn Crest is the expansion that or the neighborhood that we're talking about expanding. So I have a preliminary plat or basically just a rough layout that I'd like to share with you. Just pass it out. Is that good?

So this clearly illustrates that public need need is in is indeed there. In closing, I want to say a few more things. Uh it takes time to develop a neighborhood. Um if you would go back to attachment F, that's that timeline that we had toward the front. And I want you to look at the one that says 34 acres was reszoned. It was reszoned in March of 2021. The first building permit in that subdivision was May of 24. Over three years of time that it took to develop the community. So this community and this addition to Autumn Crest will not happen overnight. So, the requirements for reszoning that we've discussed today have been proven and I believe they have clearly illustrated and meet the criteria required to reszone the property to R2. The change in the character of the neighborhood has happened and there's evidence here that the public need. Now, I can shut up and if there's any questions that I can answer, uh, I'd be happy to or I can take a seat.

I'd love to jump in here. Sure. Um, I'm sure probably this situation, but am I correct in understanding there's one entrance and one exit for the whole neighborhood or just for this section? Yeah. Yeah. All of all the above. Yes.

Uh don't have another access point. just because, you know, help me. Um, with this expansion, I mean, I see the numbers, but just off the top of your head, how many houses do we plan on putting in here with what you see there? It's 87.

That could go up or down. This is a very rough idea. I wanted to have something for you guys to look at. Is there an idea of square footage per house in Autumn Crest? The covenants or there is it's not zoned to have a minimum, but in Autumn Crest we've been building 1,800 and above. So, this will be the same. We plan to continue on exactly what we were doing in Alderrest just to complement the neighborhood. So, that addition of houses and I understand that this is early on, but we've not had a traffic study or anything like that. Uh, I mean, I've talked to folks and getting traffic studies and stuff like that. I don't have any data to submit to you today. I don't have any more questions.

Any other questions? Just to address the one entrance and one exit deal. I do know that like Greyhawk is a neighborhood that has one entrance and then one exit as well. So, it's not an anomaly to have it. I'd love to have a construction entrance. I'd love to have several entrances. I'm sure the residents would, too. Oh yeah. Any as you expand? You're planning to expand, I guess, south from there. Are you talking about beyond this? That would be who knows from a standpoint of land. Okay. If land's for sale, I did too. I thought you said that was part of the plan.

Oh, no. The the the thing that we're talking about is just this track here. We don't know. We don't have any beyond this. I don't know if we can expand anymore or not. To the west of this property is Ashbrook. To the south of this property is vacant land, but it's not for sale that we know of. To the east is Falls Crossing and Autumn Crust. I I guess I misunderstood because that was my question is if you expand it, could there be a future? I I don't know how to expand. You're not That's not

Yeah. And and based on that drawing there, it we're we're not building it to expand due to the fact that it's just kind of one big loop to some extent, but it's the land's not for sale. When we developed Autumn Crest, this land that we're bringing before you today was not available. Any other questions? Any opposition? Good morning. Um, my name is Amy Odum. You speak in the mic.

Sorry. My name is Amy Odum. I'm one of the um buyers in 2025 for Autumn Crest. My house is in the culdesac that will be affected where the new street leading to the new development will be. Um, my concerns are for my 5-year-old child as there will be so much more traffic in and out and I'm very concerned with the one entrance for Falls Crossing and Autumn Crest if we double or almost triple Autumn Crest. Um, we bought into this neighborhood not knowing that this was going to happen or an option. Um, my love for this neighborhood was the small community, the having access to a culde-sac that my child could ride his bike and play. Um, so I'm very concerned with this extension and how that affects one our commutes in the morning, our traffic, um, our roads with the construction having to go through our roads to build this new new land. Um, I'm also concerned if if this happens, what sort of amenities would would we have in Autumn Crest? Are we just adding houses or could there possibly be, you know, a playground, a pool, something to help bring in other families? Um, we chose this property without those amenities because it was a small size. We loved the house. We loved the smaller neighborhood and being towards the back,

I felt very safe and I still feel very safe. I love my neighborhood. Um, but adding all of this extra just concerns me that we're just going to be adding more traffic without anything else really, you know. Um, so that's that is my concern and that's that's why I'm opposed to the extension of this. Thank you.

Hello, my name is Megan Schultz. I live on Autumn Drive and I'm about four houses in from the entrance on the right hand side. Um, one of my concerns and I'm opposed to this expansion for the same reasons. I'll echo every single one of hers. I don't have any young kids in the area, but everything else that she mentioned, especially about traffic, I really worry about that. Um, we lived in the house when some of the houses towards the entrance were being built. So, I witnessed some of that stuff being built and some of my concerns are just about the construction and the length of construction and there's just a lot of it might sound minimal, but there's always a lot of like food trash and that sort of thing around the construction areas. So, I just worry about um how it's all going to look to the neighborhood, you know, wind blowing and all of that. Um, we also live along um my house lives along a pond in the back and I can I have a picture if anybody wants to see it. Um, I know we don't at least I'm aware of we don't have a current HOA. We might have covenants but HOA so that's not really maintained and the weeds in the back only get cut because they're not really grass. It's just all weeds. um they get cut maybe twice a year and I have a picture with the grass that's over the top of our fence and towards the pond we were required which I agree with um to have rot iron not rot iron but it's not privacy wood fence it's to where you can visibly see out it's the black vertical um fencing so you can see the pond but all you see are these weeds that are taller than I am and um so I just worry about if it's even more tracks of land and we're not even maintaining what we currently have. And I understand maybe it's because we don't have an HOA, but um when is that HOA ever going to happen? Last I heard um I heard that

it's because they hadn't sold enough houses or something like that in the area to justify it. Now, that could totally be wrong. That's just the rumor mill that um I heard, which didn't make any sense to me because if we still have houses that are vacant, then why don't we have an HOA that's that's functioning and taking care of that? And along with the playground and other amenities, the pond is actually could be really nice. You could have walking trails around it, all of that sort of thing. But why have there not been any kind of development or ideas or plans or anything like that to do something um with the with the neighborhood that's currently in place before we even go and expand more of it. So, that's just what some of my concerns are is that it's not really being um maintained the way it should be. And the traffic in and out with only having one entrance is a major concern, especially since I live right by that road and, you know, there's always there's trash everywhere. And then, you know, the the construction burning that always happens and and everything like that, which is probably normal, but it's not anything pleasant to live near and for 80 or 90 or however many houses. So, I just wanted to come today and in oppose and I know there's some other people here that are in opposition. I don't know if that's something that you like show hands because I know not everybody likes to speak or whatever, but I know there's quite a few people here that are opposed. So, maybe they're going to speak and say something as well. So, thank you.

Thank you.

Anyone else? Hey, my name's Jason Peterson and I live I'm not sure exactly what the map shows uh that he gave y'all, but I live at the end of uh Autumn Crest and right where this this road is going to be turned uh going through the property to the new property. I'm not sure if that if I could see one of those maps I could show you, but There is power.

You can go to the mic and call out that number if we'll look on the sheet. So, if you see where it says access,

my house is right there on the corner, right before the word access uh on the left hand side. So, where that road's going to be built, it's going right up under transition lines, power lines, a huge transition pole right there. I don't know if Energy has approved anything. I don't know if there's any anything been submitted yet to Energy or not. Um about putting a road in their easements. That's really one of my concerns, not only the traffic. Um she's my neighbor and she's right. I have two boys. They all play together. You come by my house any day, probably 45 weeks out of the year, there's kids in my yard. And this is I'm not against people, you know, building neighborhoods, but the the doubling and tripling of traffic coming through and buy our house. I mean, I'm I'm it's going to be a disaster really for us. um our property value, you know, is going to go down. If this is going to last for two or three years to get this built, I mean, the construction trucks and stuff coming through, the equipment coming through to get this done. This whole property right here is completely woods. So, you're going to have to clear cut all that and dirt work and everything. You know, it's going to take a while like he said, but the safety of coming up under these power lines and the easement, I would really like to see if Energy approves this road coming right beside their transition pole because, you know, that that is a big safety

concern for me. But I just I want it to be known that that that road is going to be coming up under that power line and the devaluing of our property, you know, when this when this new neighborhood gets built. And it looks like 87 houses is what I see on here. So you do that times two, that's how, you know, if there's two houses at every house or two cars at every house, that's how many extra vehicles are going to be coming right past my house and our culde-sac every day. Not only when they get to Stribbling and Catlet out there, which is already congested, you can just imagine, you know, the traffic, how much worse it's going to be getting in and out of two neighborhoods at one spot. you know, it's hard enough now to get out on Catlet. So, that's just come up some of my major concerns. Um, I personally think that there might be another entrance way. Um, maybe at the at the U of Underfalls crossing. There's a new neighborhood that was built. maybe potentially buying some property or an access road or something maybe from the south end of this property coming up that way. You know, I don't know. I was just trying to think of another way to get into this property, but there may not be. I don't know. Um, but I know one thing, if this neighborhood is built there, the congestion coming in and out of Autumn Crest and Falls Crossing is going to be a disaster.

It will be it will be bad, but it is what it is. But that's just, you know, my concerns. Thank you. Anybody else? Um, I actually own a house. I'm sorry. Your name?

Jimmy Goodman. James Goodman. And I own a house on Autumn Hill, 706 Autumn Hill. And we bought this house, my wife and I did, about a year or so ago. And the reason we bought it was because it was on a culde-sac and it was a quiet nice neighborhood and if they put all this in, it's going to decrease our property values and we're not going to be happy with it. Um, we received a a certified letter in the mail and that was it. I would love to see a map, a plat, you know, have a little more information than just this little letter. U but they didn't didn't seem like they wanted to send that to us. But anyhow, I'm with the other people that increase traffic uh building under a power line like that. That's a major power line going through there. I just don't see it. That's my my point. Any other comments? My name is Carolyn Goodman. I'm Jimmy's wife. Where we live is on the culdeac. And there are two there are several empty lots right there that have not been maintained. They've had to call and get them to mow because it's been such, you know, with animals and stuff, but if they're wanting to build so many more

houses, why have they not built on those lots that are already available? So, um, but we came to this area for our grandchildren. We live in Cleveland mainly, but we come and we come in and out because for our grandchildren, but and that was why we wanted we wanted something quiet, very, you know, so we could come in and felt safe and I feel like with this coming in, it is already hard to get out on Catlet. So they if they're going to try to do something else, they do need another entrance. But um and I I hope it's not anything about an apartments or something like that, but um I appreciate you thinking about it. Just a a couple of things. Just wanted to mention. Um first of all, when we were selling houses in Autumn, um at the closing, um all the homeowners signed a consent for modification of the subdivision plat and protective covenants of Autumn Crest. It was never um not disclosed that we wanted to expand the neighborhood. Um, and the closer that you got to the expansion, and this is the plat of Autumn Crest, uh, I know Jason, he's a homeowner of mine, so I know exactly where he is and all of that, but this is a plat that I can show you to more show you where he is. Can I bring up here? Just pass it out here. And so if you look

if you look at the Autumn Crest Plat, Autumn Drive, I think is the main drag, it goes and it just dead ends. Um there was never an illusion of the neighborhood was not going to continue. And as we got further down into Autumn Crest um and closer to it, we had the homeowners sign a part of our contracts and we showed a potential mockup of the expansion into this adjacent property. So that was also a part of our agreements when we sold the house. But can you see Autumn Drive how it goes and it just dead ends to it right there? So, Autumn Crest also only has one,

correct? So, that's correct. Autumn Crest, you come off of Catllet Road, you turn left if you're coming north, and then at that split, you have Falls Crossing and Autumn Crest. Is that just seems like a lot of houses for so um so any anyway to just to to kind of tell you what they're talking about we we were very upfront about additional properties and had disclosures of that because our whole intention was always to expand it to have Autumn Crest phase two.

Was the disclosure made at the time that they purchased the house and it was in a some paragraph somewhere? No, it was actually a separate separate document a part of the contract. Okay. Yeah. At at the contract from the very beginning. Any other questions?

Hi, I'm Elaine Saxton. I'm at 704. So Jason's my neighbor, Miss Odum's my neighbor, and they're my neighbor. We're all in the culdesac. Um I think the confusion is on the covenants or what was signed is that Jason and I are original homeowners and we bought directly from Mr. Shoemaker. The other two are second purchasers. They're not the original homeowners. And so was it disclosed to you? Was it disclosed to you? So you are. Yeah. But the ODM is not and you're not. So they are not aware of the situation. Just clarity.

Thank you. Anything else? I entertain a motion.

Andy. Yes.

Where is my opportunity here for this to go back to a drawing board and come up with some options about entrances, exits? Can we improve there? Can this be tabled? Can he speak to the homeowners? Is there an opportunity to go back to the drawing board before we approve or deny? Because personally, I understand there's a precedence with B and this is what's happened since 2020 2021. But in looking at this, I feel like there's not enough room for people to get in and out. Um, so what are my options there? Well, first of all, I would say I think um the presentation here and Mr. Shoemaker said um this is just an exemplary drawing. You got to remember all that we're you're not approving a preliminary plat or any that kind of stuff today. We're only talking about the reasonzoning and he has correctly articulated the the criteria for a reasonzoning

and the evidence that he's put forth. I mean that's a determination for you guys. Um so you can you can approve this, you can deny it, you can table it, you can conditionally approve it. Any of those things are those are all up to you. But there's going to be approval for the plat that would probably require or could possibly require additional preliminary platting and all that is a is a separate um approval issue. That's correct.

So part of this part of this approval is there a condition on I understand that he's going to have to come back and when it's all mapped out and all the things are done but is there an opportunity to have some sort of traffic study to know what we're dealing with? Is there a way for energy to look at this power line issue before we move forward or should that be down the road? Uh either or you you can you can stipulate that today. Normally I think we stipulate both of those today for for me. I would like to stipulate both of those. You you would request a traffic study and proof of of

approval from I would I think that the homeowners that and so when we're starting out from the beginning, we know what we're dealing with and then we can move through the process easier instead of going backwards. Okay. So, you're um are you doing that in the form of a conditional approval or table this until such time as that information is received? Let's table it until the information is received. Okay. So, that would be your motion. Yes, I'll second that. May I May I add something to that? If you're going that route and He'll vote on that route. U might want to talk to the the county engineer. That's right.

On any other things that he may see. Okay. All right. So, the what we've got here is table this for further information to include traffic study approval from Energy and comments if any from county engineer. Yes, please. Okay. just draw y'all's attention to there are two it's the same petition but there's two separate parcels so we do need to take those in order so on the first petition table with those conditions it's been moved properly second all in favor

I have it on the second are we doing the conditions. I would prefer that way. It's all uniform. Second. Second. It's been moved and properly second. All in favor?

Eyes have it. So, it is Sharon and David. It's still not here. Motion to table move second. All in favor? Eyes have it. Yes.

I understand. Now he was just table it. They were they were here the last time so we can table it again and they don't show the next time then you know

we'll give them one more Most of your oppositions are are noted in the previous Yes. was stuck stuck in Houston if I remember.

You can you can put it in the form of a letter and it'll be just Good. Turn it to Scott. Motion to close public hearing. Second. Motion to properly second. All in favor? I public. Motion to approve uh next meeting on the 7th of May. So move. Moved and properly second. All in favor? So it is motion to adjourn. So move Favor this young perspective.