Clarksville developers say property rights in their favor on rezoning

CLARKSVILLE, Tenn. — Local developers seeking rezoning for multi-family residential land uses near the Clarksville-Montgomery County Corporate Business Park say they're not looking for a fight with the local Industrial Development Board.

But if it eventually comes down to that, the trio of developers feel comfortable in their position.

"We're not looking to do battle with the Industrial Board. In fact we think we are proposing something to help them," said Dennis Ziolkowski of Cumberland Land Partners, who is seeking rezoning alongside local developers Rex Hawkins and Jimmy Settle (not to be confused with this writer).

While IDB Executive Director Mike Evans says their request potentially encroaches on the industrial park, damaging business recruitment efforts, the developers say the precedent has been set with existing multi-family development along Rollow Lane that already crosses a 500-foot buffer along the park's perimeter.

That means, the developers say, that denying their request would be spot zoning, and they say that's wrong.

Their request is for the Regional Planning Commission and ultimately, Montgomery County Commission, to rezone a combined, roughly 14 acres from commercial to multifamily residential uses.

Developers say they're well within their rights to gain the rezoning, and that it could actually be a valuable enhancement to the industrial park, partly because it could provide about 80 more apartment units where industrial park workers could live.

"In real estate and government both, the most important thing is factual disclosure," Settle said. "They (IDB) can't say we're trying to kill additional industrial development. Look around here. There are already apartments and duplexes surrounding this site and part of what you see standing here lies within the 500-foot strip," he said, pointing to apartments that comprise The Addison at Rossview development.

"The way we see it, they really have no choice but to approve our rezoning request," Settle said.

The rezoning request seeks a shift from C-5 Highway & Arterial Commercial District to R-4 Multifamily Residential District. Ziolkowski said their property currently zoned C-5 has been sitting vacant for a long time, and R-4 significantly improves the chances of making it profitable not only for them, but the entire community.

He and Settle said with apartments, it will generate an additional, estimated $200,000 in county property taxes.

"We have seen this property sit here vacant for five years. It's time," Ziolkowski said. 

However, the Industrial Development Board generally seems in agreement that the concept threatens taxpayers' 2001 combined city and county investment of $28.6 million in the park through residential "encroachment" that could damage job recruitment efforts.

The rezoning proposal has already faced some delays but should be heard by planners Aug. 30.

Ziolkowski and the developers' attorney, Stanley Ross have said the park has already, at times, strayed from heavy industrial development, citing the Agero call center as an example.

The IDB is also inviting limited retail and office development to the park near the Exit 8 and Rossview Road entrance, intended to serve the companies and their workers with convenience. More details on this are to come.

But having residential rooftops so close to the park could be a serious deterrent to new industry choosing to locate in the park, Evans contends on behalf of the IDB. He has been commissioned by the IDB to continue speaking in opposition to the rezoning request for that reason.

Evans says he has already sent a letter advising the Planning Commission of the issues from a business recruitment perspective.

Reach Business Editor Jimmy Settle at 931-245-0247 and on Twitter @settle_leaf.

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