Council takes second look at Haynes dispute on The Murfreesboro Post

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Council takes second look at Haynes dispute

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By: JONATHON FAGAN, editor@murfreesboropost.com

Posted: Sunday, July 31, 2011 7:21 am

The Murfreesboro City Council met Thursday evening to handle mostly routine business.

However, second reading of a controversial zoning request by the Haynes family to rezone property to Commercial Highway along Memorial Boulevard included considerable discussion by council members.

Councilwoman Madelyn Scales-Harris commented on the flood of emails she had received since the council’s last meeting, which included unanimous passage on first reading of the request. Scales-Harris said she was concerned about a few details that had been brought to her attention since the meeting.

She addressed her question to Haynes’ attorney Matt Murfree.

“Would the Haynes family agree to change this request from Commercial Highway to Commercial Fringe?” she said

“We have Commercial Highway on both sides of this tract, and we have drafted 36 pages of restrictive covenants for this tract,” Haynes’ attorney Matt Murfree said.

He added the Haynes family would defer to the Council’s wishes, but their preference was to rezone the tract Commercial Highway.

Councilman Toby Gilley then asked Planning Director Joseph Aydelott if any other commercial developments already constructed in the area would conform to the restrictive covenants that have been drafted for this tract.

Aydelott responded that some buildings such as the Wilson Bank & Trust would come close to meeting landscape requirements, but would not meet building requirements.

Aydelott said “it is an attractive building,” but the building would be “hard pressed” to conform due to its EIFS exterior.

“It would be the landscaping that would disqualify most,” he said.

Gilley then pressed Aydelott to name a single development in the entire city that would meet the Haynes’ restrictive covenants.

Aydelott mentioned the Subway on Lascassas Pike as an example, but added the development would not meet these landscape restrictions either.

“There is no doubt in my mind that these restrictive covenants will make a big difference in the long term development of area,” he added.

Councilwoman Scales-Harris motioned to change the zoning request from Commercial Highway to Commercial Fringe. The motion failed for lack of a second.

Councilman Doug Young motioned for approval of the request on second reading. His motioned passed, with all council members voting in the affirmative except Scales-Harris, who voted against.

All other zoning requests which gained passage on first reading at the Council’s last meeting passed again unanimously without discussion.

Also gaining passage unanimously as part of the Council’s new business:

• Special Event Beer Permit at Rucker Road for applicant Middle Tennessee State University;

• Letter of Engagement to begin the annual actuarial analysis of the City Employee Pension Plan; and

• Resolution setting the fee for requesting an exemption to the Weeds and Grass Ordinance at $250 with $125 to be refunded if no public notice is required, matching the policy for other requests before the Board of Zoning Appeals.

Tagged under City, Haynes

Member Opinions:

By: bota on 7/31/11
This was a tag team match involving Toby Gilley, Joe Aydelotte and Doug Young. The questions Gilley asked did not address the problem. The "restrictions" placed by the Haynes family are used by Aydelotte to throw up one of his famous smoke screens with Gilleys (dumb and probably pre arranged question). The answer to Gilleys question was obvious based on the (landscaping) requirement. That technically wiped out most of Murfreesboro including the The Avenue. Predictably, following Aydelotte's much ado about shrubs and trees speech, the C of C shill made the motion to approve.

By: Culpepper on 7/31/11
Bota, what do you mean when you say Doug Young is a "C of C shill"? He was the one that made the motion. Does that mean "Church of Christ"? He's a member of First Presbyterian. Or did you mean he's a shill for the "College of Charleston"? I would find that equally dubious since he's a graduate of MTSU.

Do you know anything about this, or are you just talking out of your rear?