As Macon County debates an amendment that would allow the use of fill in the flood plain, the Town of Franklin will begin an overall review of its flood plain ordinance.
At the June 3 Town Council meeting, Vice Mayor Stacy Guffey asked that the council direct the Town Planning Board to review the ordinance. The town currently allows the use of fill in the flood plain while the county does not, but the Town Council is requesting a full review of the ordinance, not just the rules regarding fill. The town’s ordinance was passed in 2016 and has not been amended since then.
“I don’t think there’s anything wrong with the Planning Board doing their due diligence on the flood ordinance,” Guffey said, adding that like others have mentioned before, he doesn’t want to do anything that would harm local businesses.
He suggested the Planning Board review the entire ordinance and see if there are any potential changes that need to be brought back to the council for review.
Council member David Culpepper, who has spoken at county meetings regarding the flood plain ordinance, gave examples of recent additions in the flood plain such as the Sowing the Seeds of the Future sculpture, the painted silos at Mainspring, the proposed new pickleball courts at the Rec Park, and the connector from the library to the Greenway.
He said there is no way for landowners to win if more restrictions are added and that they would be “potentially taking away people’s uses of their land.”
Council member Joe Collins, an attorney, told Culpepper he was “making a closing argument early in the game” and that it was “probably reasonable to let the Planning Board take a look at it.”
Collins said the Planning Board might come up with ideas the council had not thought of, and he was not fearful that the council would rubber stamp whatever the Planning Board presented, counseling that they “give it prudence.”
Council member Mike Lewis echoed that sentiment pointing out he has voted against Planning Board recommendations in the past and is not asking for formal action from the Planning Board at this time. “I’m open to anything at this point,” he said.
Culpepper asked when property owners would be involved so that they can have input in the process. “At what point do we talk to property owners about how it would impact how they can use their land in the future?”
Mayor Jack Horton advocated for transparency and said the public is always welcome at meetings.
The Council voted 5-1 to ask the Planning Board to begin a review of the ordinance. Culpepper cast the dissenting vote. The Franklin Planning Board is scheduled to meet at 4 p.m. Monday, June 17 in the board room on the lower level of Town Hall.
Prior to the discussion among the council members, two people addressed the board during the public comment session regarding changes to the flood plain ordinance.
“We have a great town. I don’t see why we need additional restrictions,” said James Vanderwoude. He said that the current restrictions are adequate and that more restrictions often increase the cost of doing business and the cost of building.
Joe Culpepper, brother of Town Council member David Culpepper, said there are a lot of properties that could be affected and that more restrictions could force businesses to seek opportunity elsewhere.
Culpepper said he lives outside the town’s corporate limits in the ETJ and thus doesn’t have voting rights on town issues. The ETJ (extra territorial jurisdiction) is an area outside the corporate limits that is governed by some of the town’s ordinances and zoning regulations.
He said he is opposed to any proposal that could potentially disrupt his current and future abilities to develop properties, future property values or a potential loss of investment.
“It is very hard for me not to feel threatened, so to speak, and not take it personally, when a potential group of strangers, my brother notwithstanding, decide to put the fruits of my labor and livelihood into jeopardy,” he said.
He said he felt the council would adopt whatever the Planning Board suggests but hopes the council will take the vote “very, very seriously.”
“I implore this board to leave the status quo,” Joe Culpepper said. “And finally, no board, be it the city, county, state or other municipalities, should have the right to fundamentally steal values from property owners, and I think that is exactly what would happen in this situation.”