Opponents Pack The House On Tusculum Rezoning Plans

But Planning Body Sends 1 Measure To Commission For Consideration

By BILL JONES

Staff Writer

Nearly 50 people packed the small board room at Tusculum City Hall on Tuesday evening to voice opposition to the proposed rezoning of two pieces of property along Tennessee Highway 107 near the Tusculum Place subdivision.

During two public hearings conducted by the planning commission during the 7 p.m. meeting, those in the audience, many of whom identified themselves as residents of the Tusculum Place subdivision, voiced opposition to both proposed rezoning matters that were before the planning commission.

The first measure called for rezoning 3.18 acres of the J. Walter Ricker property along Tennessee Highway 107 in front of the Tusculum Place subdivision from R-1 (low-density residential) to PSD (professional and service district).

The second matter called for rezoning 9.71 acres, also owned by J. Walter Ricker at the intersection of Tennessee Highway 107 (the Tusculum Bypass) and the Erwin Highway from R-1 to B-1 (neighborhood business district).

Those who attended the meeting of the focused most of their ire on the proposed rezoning of the 3.18 acres of property that lies between the Tusculum Place subdivision and Tennessee Highway 107.

Troy Ebbert, Tusculum's staff planner under contract from the Tennessee Department of Economic and Community Development, told the audience that rezoning that property as a public and service district would allow location of professional offices, semi-public buildings, lodges and clubs, churches, park and recreation facilities and cultural facilities there.

Ebbert also told the audience that the 3.18-acre property is large enough to permit construction of no more than two buildings.

Planning Commission Chairman Robert K. Bird told the audience that, as far as Tusculum officials know, there is neither a prospective buyer for the property nor plans to develop it.

However, Tom Gazzo, a Tusculum Place resident, who acted as a spokesman for those opposed to the rezoning, questioned the need to rezone the property at all.

Gazzo said residents of the Tusculum Place subdivision fear rezoning the 3.18 acres as a public and service district would negatively affect property values in the subdivision and also would increase traffic congestion.

Traffic is already congested along Tennessee Highway 107 in the area of the subdivision each morning and evening, Gazzo said. Developing the property in front of the subdivision would only add to that congestion, he said.

Joe Cronin, another speaker, said he could not understand how rezoning the property would benefit anyone financially.

Tusculum Mayor John Foster, who also is a member of the planning commission, told the audience that having the property in question rezoned as a public and service district could actually afford some protection to property owners.

Foster said that a recent change in state law allows double-wide mobile homes to be located in R-1 districts and noted that if the property in front of the subdivision remains zoned R-1, it would be possible for someone to purchase it and placed double-wide mobile homes there.

If the property is rezoned to PSD, the mayor said, that would not be possible.

Planner Ebbert also told the audience that Tusculum officials, during the site-plan phase of any future development, would be able to dictate the exterior appearance of any building that might be proposed for the property.

Tusculum officials, Ebbert said, also would be able to deal with drainage and traffic issues before allowing any construction to actually go forward.

Property Owner Not Present

After other speakers asked who requested that the property be rezoned, Bird, a former Tusculum mayor who was conducting his first meeting as the Planning Commission chairman, said that property owner J. Walter Ricker's son (whom he didn't identify by name) had approached Tusculum officials about possibly rezoning the property.

Neither Ricker, whom Bird said was ill, nor any other representative of the property owner, attended the meeting.

Tom Mason, a former Tusculum recorder who attended the meeting, told the commission that he felt consideration of the proposed rezoning should be delayed until a representative of the property owner is present.

Tusculum Place resident Joe Cronin asked the planning commission if it should not reject the rezoning proposal given the obvious opposition to the matter from subdivision residents.

Neither chairman Bird, nor any other member of the planning commission, replied.

Referred To Tusculum Board

After more discussion, Planning Commission Chairman Bird closed the public hearing on the rezoning to the property in front of the Tusculum Place subdivision and asked for a motion concerning the proposed rezoning.

After several moments of awkward silence, with no motion forthcoming from commission members, Bird offered a motion to refer the matter to the Tusculum Board of Mayor and Commissioners -- without a recommendation for either approval of disapproval from the planning commission.

After a second was offered by Commissioner Mark Easterly, the planning commission unanimously approved Bird's motion.

He noted that the Board of Mayor and Commissioners would hold another public hearing during its 7 p.m. Monday, June 16, meeting before considering the matter on first reading.

Tusculum Place residents said they planned to attend the June 16 meeting to again voice disapproval.

Second Rezoning Discussed

After the planning commission acted on the first rezoning matter, it opened a public hearing on the second matter, which called for rezoning 9.71 acres of the J. Walter Ricker property at the intersection of Tennessee Highway 107 and the Erwin Highway to B-1 (neighborhood business).

During the public hearing, staff planner Ebbert told the commission that he had visited the property in question and now felt that only the lowest lying part of the 9.71 acres along Tennessee Highway 107 should be rezoned.

He estimated that only three to four acres of the property would be affected if his suggestion was followed.

George Harrington, who identified himself as the owner of property adjoining that proposed for rezoning, voiced strong opposition to the rezoning.

Harrington complained that he is no longer able to spend time on the deck of his residence because of traffic noise from the Tusculum Bypass, which he said was "shoved down his throat" several years ago.

Now, he said, he faced the possibility of having a business located only feet from his residence if the proposed rezoning was approved.

But Ebbert said any businesses that might be located on the proposed site would be downhill from Harrington's property.

After more discussion, Chairman Bird closed the public hearing and asked for a motion concerning the matter.

Warren Dickert, the commission's vice chairman, offered a motion to recommend rezoning only after the property owner submits a plat for approval by the planning commission.

The planning commission then approved that motion.