Chick-fil-a
on the land, had it been rezoned, which drew strong opposition from nearby residents.
Commission chair Mike Harless emphasized that the discussions were not about potential future uses.
“We are here tonight to only consider the rezoning of this property,” he said. “We are not here to discuss what goes on the property if it was rezoned.”
Harvey Marcom of the Reaves Firm, representing the property owners, argued the area around the parcels had changed significantly since the land was initially zoned.
“I think it’s clear from the comments here that parcel number one, the (agriculture) parcel, was zoned in error,” Marcom said.
He also said it did not actually have enough acreage to allow for any permitted agricultural uses in the city, which was confirmed by city staff.
Additionally, he said the remainder of the landowner’s property would provide an extra buffer between commercial and residential areas, echoing a concern posed by nearby residents.
Tiffany Simmons, who works with external communications for Chickfil-a, said before the vote that she could not confirm if the company would build a new restaurant at the location.
“We would very much like to have a new location in the Germantown area, but we have no new locations to confirm at this time,” she said in an email.
Development of a new Banktennessee facility was also proposed at the rezoned site, which would have freed up the bank's current facility on Forest Hill Irene for other uses. The parcels, owned by the David A. Skinner, Jr. Revocable Trust, sit next to a gas station and across from office and commercial buildings.
A fiscal impact statement submitted with the rezoning application estimated a new Chick-fil-a at the location would clear $5.5 million in sales annually and could employ 75 to 100 people.
A traffic study concluded that if the Chick-fil-a were built, traffic at the Poplar-forest Hill Irene intersection would operate at “level of service D or better.” Level of service D means speeds will decrease as traffic increases, it will get harder to change lanes and minor delays are anticipated. It’s a common level of traffic flow for urban shopping centers during business hours.
However, some left turns without traffic signals were expected to be difficult with the increased traffic flow. City staff members who reviewed the plans said there were still outstanding questions with the traffic report, including
MIKE STEWART/AP FILE
whether additional traffic signals would be warranted.
More than 20 letters opposing the rezoning were sent to the commission, including a petition signed by more than 80 people which cited concerns about potential traffic congestion that could be created by a Chick-fil-a.
Many of those opposed also pointed out that the area north of Poplar, behind the parcels, is still largely residential and said they opposed having a commercial area abut residential zones. Others expressed concerns that commercial development could negatively impact the value of residential properties nearby.
About 40 people stood up at the meeting Tuesday night when asked who opposed the rezoning effort. Those who spoke voiced concerns about traffic congestion and safety, property value dips and noise pollution in their neighborhood. Speakers asked commissioners if they would put a fast food restaurant in their own backyards.
Some in the audience even wore orange signs on their shirts reading "No rezoning."
David Wade, an attorney representing neighbors of the area who oppose the rezoning, said designating the property for commercial use opened it up to any commercial use, but contested that the city wasn't already considering a fast food restaurant.
“We can say, 'This has nothing to do with Chick-fil-a,’ but it absolutely has to do with Chick-fil-a,” he said.
Wade also pointed out that across the city, commercial zones rarely abut residential zones and that there was no significant commercial development north of Poplar at that end of Germantown.
Four people sent letters of support for the rezoning to the planning commission before the meeting, citing the sales tax revenue it would generate for the city and the jobs a new eatery would bring.
Four people also spoke in favor of the project Tuesday. William Glass, who said he owns commercial property south of the area in question, was one of them.
“I don’t know what the ultimate use is, but I’d like to see the city of Germantown get proactive on increasing revenue,” he said.
The popular Georgia-based fast food chicken restaurant currently has one Germantown location on Germantown Road, in addition to eight Memphis locations and one store each in Collierville, Millington, Bartlett, Olive Branch and Southaven.
Corinne Kennedy covers Germantown for The Commercial Appeal. She can be reached at Corinne.kennedy@commercialappeal.com or on Twitter @Corinneskennedy.