Remember that Lebanon plan compared to Cool Springs? New plan for 567 homes now in works
A Lebanon councilmember wants to rezone a little more than 100 acres on Tuckers Gap Road near Leeville Pike in hopes it would stop a site plan that includes 452 townhomes.
Ward 4 Alderman Chris Crowell wants to designate the property with a commercial office zoning that would eliminate residential building from being allowed. There are also 115 single-family homes proposed for the property, though that's technically being billed as a separate project.
The property's current zoning, commercial service, allows for residential building. The land sits near Interstate 40 and was part of a plan presented by Brookside Properties several years ago that was approved for office, retail and restaurant space in a development that had been compared to Williamson County’s Cool Springs Galleria area.
The plan did not move forward and has since expired.
Property owner Jennifer Sheppard and Attorney Mark Lee say a rezoning now would be unfair. It would “make the property less marketable and therefore less valuable,” Lee said.
Legal questions have also been raised.
The property's current zoning has been in place since 2018 and was changed to fit the Brookside Properties plan that didn’t move forward.
“The city ought to have opportunity to review and approve a totally different project than what was presented,” Crowell said of his reason to seek a rezoning. “It’s important for city to have a say in totally undeveloped area.”
Lebanon’s planning commission has voted not to support Crowell's request, but the city council ultimately has to make a final decision.
Attorney Tom White, representing the developer, referenced a new law approved by the state legislature that says "property owners should expect that the merits of a permit application will be judged on the law in effect at the time of application.”
City Attorney Andy Wright has previously told planning commissioners that the city council pretty much has “carte blanche over rezonings” based on legal precedent, but acknowledged the new state law creates legal uncertainty.
“No cases have cited the new statute yet, so this may be a matter the courts will have to resolve,” Wright said.
Crowell acknowledged that it was an “unusual situation,” but he wasn’t aware of other options.
The rezoning request will still go before the city council despite a negative recommendation. It would need approval votes during two readings to pass. Crowell still plans to advocate to rezone the property.
The site plan, which planning officials said can include more development beside the townhomes, will be considered separately. It could be heard at the Jan. 23 planning commission meeting.
Reach Andy Humbles at ahumbles@tennessean.com or 615-726-5939 and on X, formerly known as Twitter @ AndyHumbles.
This article originally appeared on Nashville Tennessean: Rezoning effort tries to derail Lebanon plan for 567 houses, townhomes
