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Congratulations 8th District residents! Attorney David Buuck wins an important and historic victory in our fight against the proposed industrial park!
Media Coverage of the Ruling:
From the Knoxville News-Sentinel:
http://www.knoxnews.com/news/2008/jun/03/business-parks-process-flawed/
Business park's process flawed
Opponents of a proposed business park in East Knox County got a boost Monday from a Knox County chancellor.
According to lawyers who were present, Chancellor Daryl Fansler said in a hearing that it appeared the Metropolitan Planning Commission did not amend a sector plan that paved the way for the Midway Business Park, and that even if the MPC did amend the plan, commissioners did not comply with an ordinance in question.
"Ultimately, if those same findings of fact hold, it means that we win and that the zoning by the Knox County Commission was invalid," said David Buuck, an attorney for neighbors who oppose the planned park.
The case isn't necessarily over, though. Tom Mullin, deputy law director for Knox County, said that after the county receives a written ruling, officials will have the opportunity to evaluate it in detail, "but as of right now, it is our intention to file an appeal."
The controversial park, which is slated for property near the Midway Road-Interstate 40 interchange, has faced strong opposition from residents who say it would destroy the area's rural character. The lawsuit takes issue with the MPC's 2006 vote to amend the sector plan for the area, and with the Knox County Commission's 2006 vote to rezone the 378 acres along Thorn Grove Pike.
The Development Corporation of Knox County, a nonprofit partnership between local government and the private sector that promotes economic development, purchased the land for the park for about $11 million in 2006 and intervened in the case as a defendant.
Development Corp. President and CEO Mike Edwards said Monday that the ruling represents a "huge shift" in the handling of sector plans, saying it indicates that the MPC alone has the responsibility and power to change them.
Edwards said the Development Corp. could take the project back to the MPC for another vote and then to the County Commission for a vote, could appeal the decision in court or could do both. But Edwards said he does not believe "that the Midway Business Park is dead."
A legal challenge to the county commission's rezoning vote also is part of the lawsuit but has moved on a separate track from the challenge to the MPC vote. A different lawsuit alleges that commissioners violated the state Open Meetings Act in discussions about the park.
Business writer Josh Flory may be reached at 865-342-6994.
C 2008 Knoxville News Sentinel
From the Knoxville/Knox County Focus:
http://www.knoxfocus.com/fullpaper.pdf
Midway group wins crucial ruling
On June 2, 30 residents living near the controversial site of a proposed 8th District industrial park received a bench ruling in their favor concerning a lawsuit brought to halt the development.
The residents, represented by attorney David Buuck, filed suit against Knox County, the county’s Development Corporation, and the Metropolitan Planning Commission in order to fight a 2006 East Sector Plan amendment that 388.32 acres of agricultural and single-family residential land in the 8th District to Business Park and Planned Commercial territory.
The plaintiffs alleged that it was the Knox County Commission, not the MPC, who ultimately amended the sector plan – a violation of Knox County Zoning Ordinance section 6.30.
Chancellor Daryl Fansler, the judge presiding over the case, agreed with the plaintiffs in a bench ruling issued June 2.
“He ruled that the Metropolitan Planning Commission is the only agency that had jurisdictional authority to amend the sector plan,” Buuck said in a phone interview. “He ruled that, under state law, the county commission had no authority to amend a sector plan.”
Buuck went on to point out that minutes from MPC meetings in 2006 showed that the body did not amend the sector plan themselves; only that they recommended it.
According to section 6.30 of the Knox County Zoning Ordinance, the following conditions must be met in order for an amendment to a sector plan to be legitimate:
A. The proposed amendment shall be necessary because of substantially changed or changing conditions in the area and zones affected, or in the County generally.
B. The proposed amendment shall be consistent with the intent and purposes of this resolution.
C. The proposed amendment shall not adversely affect any other part of the County nor shall any direct or indirect adverse effects result from such an amendment.
D. The proposed amendment shall be consistent with and not in conflict with the General Plan of Knoxville and Knox County including any of its elements, Major Road Plan, Land Use Plan, Community Facilities Plan, and others.
The plaintiffs contended that all of the requirements were not met – a point with which Fansler agreed, Buuck said.
“[Fansler] then went further and said that under the record before him, that even if [the MPC] had amended it, that it would have been invalid or illegal because there was nothing in the record to show the required change in conditions” necessary to initiate a sector plan amendment, Buuck explained.
Buuck said that he interpreted the ruling to mean that the current BP-1 / PC zoning on the property was invalid.
“Bottom line being, if the ruling were to stand, it means that $12 million of taxpayer money paid to the Development Corporation bought the most expensive farmland and residential property in Knox County,” Buuck said.
The Development Corporation and Knox County are expected to appeal the decision.
Bob Wolfenbarger, a longtime advocate for quality land-use policy who helped encourage the plaintiffs to file suit, said the citizens involved were elated at the ruling.
“Keep in mind, you’ve got citizens that felt beaten to start with,” Wolfenbarger said. “They feel like the government’s bigger than they are, that you can’t beat city hall. Then they got this ruling.”
Wolfenbarger credited fellow land-use activist and president of the Northeast Knox Preservation Association Lisa Starbuck with helping to keep the plaintiffs motivated during the lawsuit, which was filed in September 2006.
“This would have never happened without Lisa Starbuck,” Wolfenbarger said, “because you constantly have to encourage and keep people motivated, raising money for the lawyer’s fees and keep people motivated to believe they can win.”
Fansler’s bench ruling comes in the first of three parts of the Midway lawsuit.
The second part alleges that the Knox County Commission has no legal authority to amend a sector plan as they did with the Midway acreage. Buuck and Wolfenbarger said that, based on the chancellor’s June 2 ruling, they expect the plaintiffs to win that one as well.
The third part of the lawsuit alleges that between 14 and 16 then-commissioners met in the offices of the Knoxville Association of Realtors in June 2006 to deliberate on a decision concerning the Midway zoning in violation of the state’s Open Meetings Act, or Sunshine Law.
The complaint also alleges that the Development Corporation solicited the commissioners’ support for the re-zoning, and that the Knoxville Board of Realtors disbursed campaign donation checks at the meeting.
No timetable has been announced for hearing these two portions of the lawsuit.
The plaintiffs have set up a website with more information on their side of the story, and can be found at http://www.knoxaction.com
C 2008 Knoxville/Knox County Focus
From the Halls Shopper:
http://www.shoppernewsnow.com/aBean.aspx
Betty Bean
And one of the saddest things a reporter covering county government has to watch is the endless parade of citizens - usually (but not always) unrepresented by legal counsel and unschooled in how things work - who get their neighbors and their facts together and believe that sector plans and the representatives they elect are there to protect them.
More often than not, they leave disappointed and worried about their property values and quality of life. At some point in the process, a commissioner invariably informs them that sector plans are suggestions, not law.
Silly citizens.
But this way of doing the people's business is history, if Chancellor Daryl Fansler's recent bench ruling in the Midway Business Park case stands.
Boiled down to it essence, Fansler said that the Metropolitan Planning Commission cannot amend sector plans (something that must be done before a piece of property can be rezoned) unless there's been a substantial change in circumstances. He obviously didn't believe that the Development Corporation's desire to plunk an industrial park down in the middle of a rural residential/agricultural neighborhood and a bunch of developers who'd acquired options on surrounding property constitutes enough "change" to warrant MPC's amending the plan.
This is just the first step in a two-part process, says David Buuck, the lawyer who represents the Thorn Grove community. Buuck, who is an unsung hero to little guys fighting the power all over the state, whether in land use, eminent domain or zoning issues, is pretty confident the ruling is going to stand, in part because it is based on an opinion authored by a well-respected appellate court judge.
"I tried something that hadn't been tried before," Buuck said. "I filed a two-part lawsuit, and this decision comes from the certiorari action. MPC had absolutely no legal authority to do what they did. The law requires a substantial change in the property to warrant an amendment of the sector plan.
"And Chancellor Fansler told them, 'The only change I see in the record is the Development Corporation had a pocket full of options.'"
But Fansler's ruling is only step one, Buuck said.
"If that finding is carried forward into the rezoning, it means the property's not rezoned. It's still agricultural and residential, which means that the county's on the hook for an $800,000 commission to Pat Wood (as a finder's fee) and a purchase price of $12 million. That probably comes to about $38,000 an acre, which makes it the most expensive agricultural/residential property in the state."
Development Corporation lawyer John Valliant vowed to appeal Fansler's ruling and commented that, "These lawsuits are never won by the property owners."
Buuck doesn't seem too worried, maybe because the Appeals Court judge upon whose opinion he relied is William C. Koch Jr., who has been appointed to the Tennessee Supreme Court.
So what do Buuck's clients want as a remedy?
"We don't want the zoning change. It's going back to agricultural and residential. The Development Corporation will be able to pasture the land - or it could be a beautiful, wonderful park."
And if this case isn't trouble enough for Knox County, another Midway lawsuit is waiting in the wings until this matter is cleared up - a sunshine law action.
"A bunch of the commissioners all met together and got their checks from the Board of Realtors for their campaigns," Buuck said. "And the Development Corporation put on a dog and pony show. This was the 'old' commission - the one that operated under the Pinkston Theory - 'You can meet with anybody you want to, talk about anything you want.'"
Anyone with zoning matters requiring sector plan amendments should watch and see how MPC and County Commission conduct business in the next few months.
Copyright © 2008 The E.W. Scripps Co.
A Big Win Today for the Plaintiffs - Motion to Dismiss from MPC - Denied! - December 3, 2007
Chancellor Daryl R. Fansler heard a Motion to Dismiss the Metropolitan Planning Commission from the lawsuit filed by the 8th District Preservation Association plaintiffs on the proposed Midway Road Industrial Park on December 3, 2007. That motion was denied.
The lawsuit brought by the 8th District plaintiffs is in two parts. The first is a certiorari action alleging that the MPC arbitrarily amended its East Sector Plan in order to facilitate the re-zoning of the Midway Road Property. The second part is a declaratory judgment action against the Knox County Commission asking the Court to declare the re-zoning null and void.
The MPC filed a Motion to Dismiss the Certiorari Action, asserting that MPC's amendment of its sector plan was not an appealable action. The 8th District Plaintiffs responded that the amendment of the sector plan was indeed a final appealable action by MPC, and that the Motion should be denied and the appeal should be allowed to go forward.
Chancellor Fansler, after careful consideration of the state statute, the Knox County Zoning Ordinance and the opinion of the Court of Appeals, agreed with the argument of the 8th District plaintiffs.
This means that all three defendants - Knox County Commission, Knoxville Metropolitan Planning Commission, and The Development Corporation are in the lawsuit for the long haul.
Click here to view the 8th District Plaintiff's Argument Against the Motion
Click here to read MPC's Motion to Dismiss
Complaint Amended to Allege Violation of Sunshine Law Occurred During Midway Rezoning! - November 29th, 2007
On behalf of the plaintiffs of the 8th District Preservation Association, this afternoon attorney David L. Buuck filed an amendment to their lawsuit against the Knox County Commission, the Metropolitan Planning Commission, and the Development Corporation, which was originally filed in September of 2006. The new pleading revises their Complaint to allege that the so-called “Sunshine Law” was violated by the Knox County Commission prior to their vote on the funding and rezoning of the proposed Midway Road industrial park.
The pleading amendment includes allegations that two or more commissioners deliberated outside of the public’s view before the vote on the controversial rezoning.
Bob Wolfenbarger, a Board member for the 8th District Preservation Association, stated, “We believe that Sunshine Law violations by County Commission render the rezoning action void. This is a single example of a pattern of behavior that has gone on for years.”
Wolfenbarger adds, “This rezoning happened in spite of fierce community opposition because the developers wanted it to happen. The misuse of county purchasing cards is peanuts compared with the tens of millions of dollars that are being wasted by quasi-government agencies such as the Development Corporation.”
Click here to view the Motion to Amend Complaint.
Click here to read the News-Sentinel story about the alleged Sunshine Law Violation.
Click here to read the WBIR story and watch video.
Click here to read coverage of the controversy at knoxviews.com
Pancake Breakfast - December 9th, 2006 - The 8th District Preservation Association announces a Pancake Breakfast for Saturday, December 9th. Come enjoy pancakes and breakfast fixin's with your neighbors at the Thorn Grove Community Center from 7-10 AM. The cost is $5.00 for adults and $3.00 for children under 12.
Get your raffle tickets at $5.00 each (only 400 to be sold) - and the winners will be drawn at our pancake breakfast at 10:00 AM. The prizes are:
$250 cash
If anyone would like to buy a ticket or is willing to help sell tickets, call Donna Bohon at 932-2663. We also need volunteers to help set-up and work at the breakfast, so call Donna if you can help.
Spaghetti Supper - Yum, Yum! - Join your Thorn Grove friends and neighbors for a spaghetti supper on Sat., Oct 14th, 2006 (no football game) at the Thorn Grove Community Center. Supper will be served between 5-7 pm. There will be homemade spaghetti sauce, salad, and dessert. Tickets are $5/adult and $3/children under ten. Everyone welcome! Help us spread the word - click here to download a flyer about the spaghetti supper to give to your neighbors or post at your church and area businesses!
Business Roundtable - News-Sentinel Coverage - The News-Sentinel sponsored a special business roundtable discussion where the topic was "Can Business Parks and Neighborhoods Co-Exist?" Six participants from government, business and the community were invited to spend one hour to discuss the issue. Every effort was made by County Commissioner Phil Ballard and neighborhood activist Lisa Starbuck to bring out the community's objections to the proposed Midway Road industrial park. Click here to read the story.
More Letters to the Editor - Heres another great letter that was recently published about the proposed industrial site:
From the Knoxville News-Sentinel
http://www.knoxnews.com/kns/letters_to_editor/article/0,1406,KNS_363_5018382,00.html
September 25, 2006
East Knox business park not needed in community
I was at the Knox County Commission meeting on Aug. 28, and I have to voice my opinion. It just amazes me that you can have an entire community fighting this issue, but because someone with a lot of money and power wants it, the issue gets passed.
Opinions, wants and needs of the Thorn Grove Community have absolutely no merit, and no power to change the mind of Mr. Power and Money. As long as it makes somebody money, who cares?
There were so many good points brought up at the meeting from the opposition that were just completely overlooked.
The Development Corp. of Knox County had some pretty pictures and fancy double talk; but it was all a show. The issue had already been approved in the minds of the commissioners before the meeting was even scheduled.
It's funny, I thought citizens voted for commissioners who were supposed to represent them. Though John Mills tried, it was David versus Goliath, and David didn't have a chance this time.
It makes me wonder why we have elections at all. It seems to me that we should just have Mr. Power and Money appoint somebody who shares his views because that's exactly what we have.
Exit 402 is the last undeveloped exit for miles either way. Why not build it on Pellissippi Parkway, Gov. John Sevier Highway or anywhere already developed, and it would be welcomed.
I also don't understand why the county can't come up with the $3 million for the Hardin Valley high school that is desperately needed, but it can come up with more than $30 million for a business park that has no guarantees of a return on investment.
I think it's safe to say that nobody in this community wants this business park with the exception of the people who are selling their land. But, offer them fair-market value for their land, and see if they still want to sell.
I don't consider an average of nearly $30,000 an acre fair-market value, which, ironically, I, the irate citizen, get to pay. Please send my portion of the county taxes to the new Hardin Valley school project.
DANA HUGHES
Kodak
Community Meeting - We had a great turnout at our community meeting that was held at 7:00 pm on Monday, September 25, 2006 at Thorn Grove Community Center. Our attorney, David Buuck, brought everyone up to date on the status of our efforts. Suzanne Townsend brought our new bumper stickers with the "SAVE THORN GROVE - KNOXACTION.COM" legend proudly emblazoned on it. You'll be seeing them on vehicles around Thorn Grove and Knox County. We still have a few left, so send an e-mail to info@knoxaction.com if you would like to get your own bumper sticker!
Front Page Coverage! - The news of the lawsuit filed by the Thorn Grove / Midway Road residents made the front page of the Knoxville News-Sentinel. Click here to read the full story!
Another Vacancy at Forks of the River - The same day the News-Sentinel published their front page story, "Midway foes sue to stop project," the business section of the paper reported "54 to be let go as firm closes" as B2Direct shuts down their Forks of the River facility on Dec. 1. Forks of the River is less than half-full, so WHY do we need a new industrial park when the trend is that businesses are leaving the industrial parks and either consolidating with other operations in another city, or moving overseas?
Lawsuit Filed In Chancery Court - On September 11, 2006, attorney David L. Buuck filed a lawsuit in Knox County Chancery Court on behalf of several residents of the Thorn Grove / Midway Road community against the Knox County Commission and the Metropolitan Planning Commission.
The suit contests the August rezoning by Knox County Commission of approximately 378 acres of land at Midway Road for an industrial park at the behest of The Development Corporation of Knox County (TDC) and 9.5 acres adjoining the proposed industrial park by developer Victor Jernigan.
"We believe that both the MPC and Knox County Commission violated the East Knox County Sector Plan when they arbitrarily rezoned this property for an expensive and ill-conceived project," said Donna Bohon, president of the 8th District Preservation Association. "This goes completely against the thoughtful and thorough planning document that the community spent hundreds of hours creating in conjunction with the MPC."
The Complaint alleges, among other things, that the rezoning action by the MPC and Knox County Commission "constitutes an instance of arbitrary and unreasonable spot zoning" and "confers a special privilege furthering the private interests of the applicants TDC and Jernigan, while depriving plaintiffs and other property owners in the neighborhood of their rights, values and privileges in and to their properties. . . "
Longtime Thorn Grove residents Wayne and Janis Waggoner are two of more than a score of property owners listed as plaintiffs on the suit, and they have been very active in opposing the industrial park. "This is a risky project that is completely speculative. They are going to destroy our community for another if we build it, they will come project. They are wasting tax dollars when we have far better uses for that money in Knox County," said Wayne Waggoner.
The suit also asks for an injunction preventing Knox County and MPC from issuing any building permits on the property until the suit is settled.
Click here to download the Complaint filed in Chancery Court.(2 MB PDF)
Great Letters to the Editor - Heres a sampling of some of the great letters from folks in the community that have been published in area newspapers:
From the Knoxville News-Sentinel
http://www.knoxnews.com/kns/letters_to_editor/article/0,1406,KNS_363_4976041,00.html
September 8, 2006
Another industrial park isnt needed in East Knox
The question that needs to be answered is, "Whom will it serve?" With unemployment in this area hovering around 5 percent, overwhelming numbers of young people enrolled in college with lottery scholarships - not preparing themselves for assembly-line jobs - and manufacturing moving out of the country (Levis, etc.), is a third industrial park in East Knox County forward thinking?
Each time green pastures are destroyed in the name of progress, we are told it is for our benefit. If a massive influx of people moving here for jobs and increasing the tax base is so desirable, why, with our past population increases, do we still not have adequate school buildings, and why do we spend hours sitting in traffic jams due to inadequate roads?
A new industrial park will put a strain on our already inadequate infrastructure and increase air and water pollution in this valley where both already reach dangerous levels. I predict, in 25 years, Forks of the River Industrial Park - five minutes from the interstate - will be a complete brownfield. And Midway - two minutes from the interstate - will be a partial brownfield. The developers will be long forgotten, and another Knox County community will be left with a blight that no one is responsible for.
Some $1.1 million is being spent to return Third Creek to its natural state to improve water quality and to undo what was called progress in the past. What will the Midway industrial park cost our grandchildren?
GENEVA K. LUTTRELL
From the Metro Pulse
http://www.metropulse.com/articles/2006/16_35/incoming.shtml
Park It Somewhere Else
Everyone agrees that economic development is important and that good jobs are a priority for our communitys continued economic health. The Development Corp. has been saying that we are running out of industrial land in Knox County and that we need to bank more land for industrial development.
In reality, however, we have hundreds of acres of industrial land available, not to mention the many abandoned industrial sites in and around the city limits that beg for revitalization, properties near Cherry Street, Magnolia, Central Avenue, and Baxter Avenue, just to name a few. These properties already have the infrastructure in place - shouldnt these sites be reclaimed before we go out into the country and sacrifice increasingly scarce greenfields to industrial parks?
In May 2006, Knox County invested $5 million in the first phase of an industrial park in Blount County, part of a regional cooperation plan to place industry strategically. Acquiring more industrial land in Knox County does not support this strategy.
The Development Corporations outdated, one-size-fits-all "build an industrial park" solution to economic development is holding back our county. We need ideas that are more flexible and quicker to respond to changing markets. The latest trends for industrial development include ideas like "industrial pods" instead of huge parks that are almost impossible to fill. But with little or no oversight or accountability to County Commission or the public, The Development Corp. is free to operate in relative secrecy and do whatever it wants with our hard-earned taxpayer dollars.
We have many businesses here in Knoxville that could use loans and other assistance to expand and create more jobs - jobs that will stay here and not be shipped overseas. We have a wealth of technology resources in the Oak Ridge National Laboratory and The University of Tennessee, but the region has a dire lack of funding for technology startup companies. Perhaps The Development Corp. should replace its "If we build an industrial park, they will come" mentality with greater creativity and smarter thinking that more closely meets todays industrial needs.
The money might also be better spent improving the quality of our workforce to attract economic growth. By directing more resources to our schools and supporting living wages for our public servants such as fire, police and teachers, we can attract and retain the best. Children are perhaps Knox Countys most valuable assets, and theres no better investment than to ensure they are well-prepared for their future. A well-educated work force enables us to attract the kind of clean, high-tech, high-paying jobs that we deserve.
We are all interested in doing the right thing for Knox County to benefit both ourselves and future generations.
Please, Knox County Commissioners, vote wisely and prudently as the elected stewards of our land, our resources, and our tax dollars. Get the facts before you vote and vote NO for any more industrial parks in Knox County.
Donna Bohon
8th District Preservation Association
Knoxville
Backwards Priorities
We are opposed to building any more industrial parks in Knox County. We already have plenty of industrial land, not only in Knox County, but also in the surrounding area.
We do not want to see our tax dollars being wasted by this kind of project when there are many other things in this community that need urgent funding. One of the best things we could do for economic development is to spend more money on our school system to truly make it the "world class" system we have been promised.
Michael and Jennifer Cotter
From the Knoxville News-Sentinel
http://www.knoxnews.com/kns/letters_to_editor/article/0,1406,KNS_363_4949287,00.html
August 28, 2006
No need for industrial park in East Knox County
I live in the Thorn Grove community, and I wanted to share with you my frustration with the Development Corp. of Knox County and the Metropolitan Planning Commission. The proposed Midway industrial park has been run through MPC in record time.
MPC broke its own rules and amended the sector plan to allow an undefined industrial park in a rural farming community. This park will divide our community in half.
My greatest frustration is that this is another "If you build it, they will come project." There are much better uses for this land that will return more money to Knox County than this gamble of an industrial park.
We are the last exit in Knox County before the exit to Sevierville. It would make so much more sense to keep with the theme of tourism and have hotels and restaurants next to the Interstate and allow the rest of the 370 acres of land to be subdivisions. Why? Because this is a sure thing and will return property taxes to Knox County.
There is no demand for a distribution center in East Knox County. If you were to build a distribution center, you would build it where the Orange Route intersects Interstates 40 and 75. There is no demand for an office park in East Knox County. If one were to be built, it would compete with downtown Knoxville where more than $300 million in taxpayer dollars have been spent trying to save downtown.
There are no customers for this industrial-business park or whatever it will be. Why spend $50 million plus to build a risky project that will most certainly fail? Why not go with the sure thing? This is the worst location for this industrial-business park. Do we really need another failure like the Knoxville Convention Center?
WAYNE WAGGONER
Strawberry Plains
Guest Editorial in the News-Sentinel - 8/26/06
http://www.knoxnews.com/kns/perspectives/article/0,1406,KNS_2797_4945310,00.html
East Knox project poses big problems
By AUDRINE HONEY
I must take issue with your recent editorial endorsement of the proposed business park at Midway Road. I attended the public hearing in late June regarding the proposal and was dismayed at the short-sighted approach to progress displayed by our county planners.
In the early 1970s, economists were reporting that the Industrial Age in America was waning. We were entering the Information Age when most jobs would be service or technical-related. Thirty years later, why are Knox County planners stuck on establishing industrial parks?
The stated rationale is because Chattanooga and other competitive areas have more acreage available for industrial development than Knox County, and good jobs will be lost to these areas.
Good jobs? Ask Hamblen County about investment by Fortune 500 industries. Be sure to mention Anchor Brush, Universal Furniture, Enka/Lenzing and Shelby Williams, among others. Lets not create another tax-deferred stepping stone to off-shore manufacturing.
The Metropolitan Planning Commission and the Development Corporation of Knox County folks dismiss environmental concerns about a new industrial park. For a county that cannot attain acceptable air- or water-quality levels, Knox County government seems oblivious to the pollution created by large-scale construction and industrial manufacturing processes, not to mention increased truck traffic once the park is in use.
Part of the argument for the Midway Road proposal is the consequent trickle-down development of restaurants, shops and other retail businesses. Using Gov. John Sevier Highway adjacent to Forks of the River Industrial Park as a model, we can look forward to four or five convenience stores, delis, a discount tobacco-beer store, two lounges and more industrial sites.
The Development Corp. plans to pay $11.3 million for 378 acres of agricultural East Knox County land. Somehow, $29,800-plus per acre for unimproved land seems more suitable for high-end West Knox residential development.
I seriously doubt that this area will become another Turkey Creek, and a lot of us hope that East Knox will be spared that sort of development. Not everyone is enamored with West Knoxville, and many choose to live in different surroundings.
Once the land has been ravaged for a business park, the area can never be reclaimed for a gated community, a tourist destination, a retirement enclave or any other more attractive alternative.
The Midway Road interchange is Knox Countys closest interstate connection to the Sevier County tourist meccas - five miles to Exit 407. Arent there better ways to take advantage of that proximity than building a business-industrial park?
Will Knox County Commission have the courage and vision to look forward instead of approving 30-year-old planning strategies? I certainly hope so.
Audrine Honey is a retired small business owner. She has lived in East Tennessee for 31 years, 21 of them in Knox County. For the last 10 years, she has lived along the French Broad River in East Knox County.
From the News-Sentinel 08/31/06
Who stands to profit from proposed park? I would like to know who is turning the profits on the properties at the proposed Midway Road-Thorn Grove Pike industrial site.
According to the neighborhood rumor mill, those who have sold options are receiving $15,000 per acre for these farms; yet, the Development Corp. of Knox County is paying $29,000-plus for the same acre. Speculators were swarming this community months before residents knew we were being industrialized. If I had sold an option on my farm, I would be livid.
I do not know much about politics, but I do know about insider trading. I want to know how speculators suddenly gained control of these properties.
If Knox County officials were sold on the fact the county needed this site, why was the idea given to speculators before it was known to the residents?
My neighbors and myself, 350 strong, attended the Metropolitan Planning Commission meeting to oppose the change to rezone our farming community. After losing our argument, we asked for a delay on this vote and were disappointed.
A spokesperson for the development corporation argued that delay would cause the loss of the options. I smell a skunk.
GARY WATSON
From the Metro Pulse
http://www.knoxnews.com/kns/letters_to_editor/article/0,1406,KNS_363_4908378,00.html
Letter to Editor - August 11, 2006
Business park is shift in land use plan The proposed business park at the Midway Road exit 402 off Interstate 40, which is being steamrolled through the zoning and sector change process by the Development Corp. of Knox County represents a major shift in the land-use plan for this scenic, rural area of Knox County. It is the easternmost entrance to Knox County from I-40, Knox County's east entrance to the Great Smoky Mountains, the closest exit to Sevier County's only interstate exit, the entrance to the French Broad River Corridor, and the entrance to Seven Islands Wildlife Refuge and the River Islands area.
Landowners in this area are actively in the process of trying to preserve this primarily agricultural land for future generations through conservation easements and deed restrictions. Development of this type and scale at this interchange will determine the course of all future development in this relatively untouched area of our county.
Folks from all areas of Knox County are amazed and upset by the secrecy and surprised by the lack of the opportunity for public participation for this major change and enormous expense for Knox County.
Is this the best direction for Knox County? What are the long-term effects? The arrogance of the Development Corp. of Knox County and the haste of the Metropolitan Planning Commission to push this through have provided little opportunity or time to explore the alternatives and the impact. Let your county commissioners know about your opinion before they decide on this important issue on Aug. 28.
WAYNE A. WHITEHEAD
Metro Pulse Story 8/31/06
http://www.metropulse.com/articles/2006/16_35/commentary.shtml
A Disappointment, Either Way
by Matt Edens
To the west, Knoxville is a mash-up of McMansions and mini-malls clear
to the Loudon County line. What Halls has is mostly a knock-off of what
West Knoxville got five or 10 years year before. And commercialism is
even creeping into once sleepy Seymour like so much kudzu (although
whether its creeping up Chapman Highway or down it, is open to debate).
But East Knox County is surprisingly sprawl-free.
Head towards Asheville from downtown, and it is a mere three exits to
the middle of nowhere, broken only by the odd clump of fry-pits, fern
bars and franchise motels astride the interstate at Strawberry Plains
Pike. And even that, thanks to Victors appetite for finger annexation,
is technically the city of Knoxvilles far-flung eastern point of entry
(sort of like Piraeus, if the Long Walls were just lines on a map).
Im not entirely sure why the east end has escaped the sprawl that
carpets almost every crevice of Knox Countys west side. Maybe its
because much of the areas soil is unfriendly to septic systems. Or it
could be the fact that Knoxvillians are allegedly averse to anything
involving the dreaded word east (they apparently dont like "Center" any
better…). For whatever reason, while Knox County may be home to almost a
half-million people, old crossroads communities such as Kodak and Thorn
Grove remain overwhelmingly rural.
Whether they are country folk whose roots often reach back to the first
settlers, back-to-nature types trying their hand at organic farming, or
would-be squires whose large homes lord over five- or 10-acre estate
lots, an appreciation of East Knox Countys rural charm manages to cut
across the political differences inherent in the diverse backgrounds and
lifestyles of its inhabitants. Their appreciation shows in the East
County Sector plan adopted in 2000 by the Metropolitan Planning Commission.
Developed by MPC planners after a considerable amount of input from the
community, the plans governing concepts aim to preserve the areas
rural character largely by encouraging development to concentrate in a
series of town centers and smaller "Crossroads Commercial Centers"
somewhat akin to whats belatedly being built out west off Northshore.
Theres also the suggestion that the Midway interchange of I-40 be
developed as an "attractive gateway to Knox County" (MPCs planners
being too inherently nice to come right out and say anything directly
about the unattractive gateway thats already sprung up at the Straw
Plains exit).
All in all, the East County Sector Plans a remarkably progressive
document, mixing the not entirely unrelated concepts of rural
preservation and new urbanism.
It should come as no surprise, then, that Knox Countys leadership has
largely ignored it. By the time you read this, its quite likely that
County Commission will have approved rezoning for a new 360-acre
industrial park just off I-40s Midway Road interchange. Whether the
vote sticks may be up to the courts, considering the mess county
government is currently in. But even if the decision is postponed or
comes back to a reconstituted Commission, its unclear if the rezonings
opponents can muster enough votes to defeat it. Votes on Commission,
that is.
When the MPC (the appointed commissioners, not the professional
planners) approved the rezoning and amended the sector plan in July,
more than 200 residents showed up to protest the proposed industrial
park. Proponents of the park, mostly chamber and business-booster types,
say the new industrial acreage is needed, mostly because the Development
Corps current industrial parks are cramped. They promise to do better
this time (overlooking, apparently, how the sector plan singles out
Midway Road, mentioning its "sinkholes, woodlands and steep terrain").
Nor is the possibility of industry intruding on their pristine
agricultural area the only thing worrying residents. The industrial park
will require a sewer line, potentially opening the area up to more
intensive development and leading some residents to fear their once
rural community could quickly become a mirror image of the
McMansion-packed west side. The sector plan, so easily ignored, seems to
provide little defense. But on the plus side, if Midway Road did get a
makeover as Farragut East, at least the county wouldnt dare plop down
another industrial park there.
WBIRs Online Poll - Visit http://www.wbir.com to vote in their online poll about the proposed industrial park at Midway Road. Its on the front page, bottom right hand side of the page.
Legal Stuff - Weve had several people write or call and ask what will happen if we lose at County Commission. Our attorney, David Buuck, covered this at our last community meeting on August 15th when he laid out our strategy for filing suit to stop this rezoning. He is building the record and making sure we have everything ready to go if needed. He believes we have an excellent chance of successfully fighting this in court if we are not successful at County Commission, but it sure would be easier and cheaper to stop it before it comes to that.
Our fundraiser went better than expected and we have raised a good sum and are still receiving donations and contributions in preparation for filing suit. We have had promises also from a couple of interested organizations who will help us take it to court if we have to. So even if the vote doesnt go our way - remember, ITS NOT A DONE DEAL!
Community Fun Day - A Celebration of Thorn Grove - The Thorn Grove Community Fun Day was a great success, as neighbors, friends, family and guests gathered to celebrate our rural community. The day began bright and early with a well-attended country ham breakfast, the Odd Fellows Hall echoing with lively conversation and enthusiasm. It was a perfect day for a horse-drawn wagon ride, or for a visit to the country store or flea market. Excited children lined up for face painting. Hot dogs and hamburgers were on the grill for lunch, as well as other delectables such as fried pies, homemade ice cream and peanut butter fudge.
Over 30 cakes were donated for the cake walk, with a special flowerpot cake, complete with gummy worms, for the children. When the day heated up, Mike McMillan and Danny Sanders cooled off by valiantly volunteering for the dunking booth. The air was filled with sounds of local musicians,
pickin and playin tunes derived from our rich musical heritage.
Door prizes were given, the two lucky winners of our raffle were announced, and
the day came to satisfying end with a lively auction, where the bidding was
sometimes fierce and determined. Over $7000 was cleared, and the good
folks of Thorn Grove went home to rest up for the upcoming County
Commissioners meeting on Monday, Aug 28th at 4 PM.
Taxpayer Protest Rally and Press Conference a Big Success! We had a great turnout at our press conference on August 12th to kick off the "Stop The Waste" campaign. We had coverage from all three TV stations, and several newspapers sent reporters as well. The rain was threatening early, but it turned out to be a perfect morning as about 100 residents, some with tractors, gathered early Saturday morning to speak out about the proposed Midway Industrial Park.
Click here to watch a short recap of the TV coverage!
Read the written coverage:
Make plans to attend the next community meeting on August 15th at 7:00 pm and bring your neighbors. The meeting will be at the Thorngrove Baptist Church. This meeting will be a general purpose meeting to review what has happened and what is still to come.
If you have any questions about the meeting, please feel free to call (865) 540-1455 and leave a message or e-mail us at info@knoxaction.com
Community FUN Day! - August 19, 2006 Join us for a delicious country ham breakfast from 7:00 - 10:00 am at the Thorngrove Odd Fellows Lodge Hall for only $5.00 for adults and $3.00 for children under 12. Bring a chair and spend the day with us! Weve got all kinds of activities planned at the Thorngrove Ball Field starting at 10:00 am including a Country Market, Cake Walk, Live Entertainment, Horse Drawn Wagon Rides, Auction at 2:30 pm, Drawing for Cash Giveaway, Homemade Ice Cream and more!
Its a great chance to visit with your neighbors and unite with the community! Yall come!
Sponsored by the EDPA (8th District Preservation Association)
Excerpt from "Moving Target" - July 12, 2006
Broadway store closing; new one opening at old Farmers Market site
By ROGER HARRIS
. . . The fate of the store was sealed in September 2004 when the Knox County Industrial Development Board sold 30.5 acres of the former Farmers Market site to Target for $7,639,285.
Target didnt need all of the land it purchased and subsequently sold about 18.5 acres of the Farmers Market site to a partnership headed by Houston-based shopping center developer Levcor Inc. for $8.95 million . . .
Copyright 2006, NEWS SENTINEL
Excerpt from "Knox scores park bonanza" NEWS SENTINEL, June 10, 2005
DAVID KEIM
A 155-acre tract unsuccessfully marketed to industry for five years is being given to Knox County for construction of the countys largest regional recreational park in some 50 years. The Development Corporation of Knox County, which manages the countys industrial parks, voted Thursday to approve the transfer of land on Rifle Range Road adjacent to the Sterchi Soccer Complex in Halls.
. . . .
Using the land as a park makes more sense than locating industry there, given residential growth in the area, the unsuitability of roads for a large manufacturing development and the hilly terrain, officials said.
"Its 155 acres, but if we went into it and moon scaped it with heavy machinery in order to level out big pads for major manufacturing (or) distribution, we would have gotten about 90 acres," said Mike Edwards, CEO of the Development Corp. "The remaining (land) is a mountain."
While the site might have worked for office development, the Development Corp. leaves office parks to the private sector, focusing on larger industry instead.
Despite marketing it as an industrial site, Edwards said, "We could not get anybody to be interested in it."
The Development Corp. paid about $3.6 million for the acreage in April 2000 and County Mayor Mike Ragsdale asked the Development Corp. to transfer the property for park development.
The revenue that the Development Corp. could have gained by selling the land will be mitigated by the countys plan to provide some $16 million for new land purchases over the next five years, Edwards said.
Only about 300 acres are available to market to industries interested in Knox County, Edwards said, putting Knoxville at a disadvantage compared to cities as close as Chattanooga, which has a 1,600-acre business park.
. . .
Copyright 2005, NEWS SENTINEL
Excerpt from "Blount commissioners vote to invest in research park" NEWS SENTINEL, May 19, 2006
By ROBERT WILSON
MARYVILLE - The Blount County Commission on Thursday night agreed to join three other government partners in funding the first stages of a 450-acre research and development park to be built at the intersection of Old Knoxville Highway and Pellissippi Parkway.
The approval means Blount will pony up its $5 million portion of a $20 million initial investment in the park. The other partners are the cities of Maryville and Alcoa and Knox County, each of which also contributes $5 million.
. . .
Copyright 2006, NEWS SENTINEL
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