Residents file appeal over supes’ rezoning

A couple dozen residents filed an appeal late last month in Madison County Circuit Court over the recent rezoning of two large tracts of land off Clarkdell Road to make way for development of over 800 new homes.

County supervisors in September approved the rezoning in a 3-2 vote despite opposition from over 400 residents in the area following a nearly three-hour public hearing. 

The appeal argues there was no clear and convincing evidence by the developers and landowners to support the rezoning and it was done in an arbitrary and capricious manner by the supervisors. 

On Sept. 16, Board of Supervisors President Gerald Steen voted along with District 4 Supervisor Karl Banks and District 5 Supervisor Paul Griffin to rezone 362 acres from R-1 residential to R-2 residential. 

“I am for growth,” Steen said at the meeting. “I am for good growth.”

Developers representing Clarkdell Farms LLC and Stillhouse Creek LLC appealed a 3-0 decision by the Madison County Planning & Zoning Commission in August to recommend denial of the rezoning. 

R-1 zoning basically limits lot sizes to estate homes, whereas R-2 zoning allows for more dense developments. 

The developers were also seeking a PURD (planned united residential development) overlay for the two tracts of land located east of Clarkdell Road and approximately one mile south of Yandell Road. 

In August, the P&Z Commission denied the request, citing traffic and safety concerns, overcrowding schools and it not matching the character of the neighborhood. 

There will be 536 lots in the first tract and 297 lots in the second tract, with houses ranging from 1,900-2,800 square feet and lots ranging from 10,000-14,000 square feet. 

District 1 Supervisor Casey Brannon attempted to table the matter near the end of the meeting, but the motion failed 3-2.