

A property on Martin St. has received a special exception for two buildings which could accommodate up to 50 dwellings, but not without concern from a local.
Requested during the regularly scheduled Board of Zoning Appeals meeting was a special exception for two dwellings to serve as multi-family homes not to exceed 50 total units.
Woda Cooper Companies, based out of Jacksonville, Fla., appealed to the Board of Zoning Appeals during its monthly meeting and requested the exception. Director of Community Development Sean Garrett indicated the company met all of the requirements to receive the special exception and suggested approving it.
According to the company, the property would contain about 50 units of workforce housing and it works with Tennessee Housing Development Agency to finance the property. It has previously built apartments in Smithville and Crossville, with the establishment in Crossville being more indicative of what is intended for the Martin Street lot.
“I think it’s really important to stress that we have our own management arm. We’re long-term property owners; we own and operate and don’t really sell. We actually acquire a lot of properties as well and rehabilitate them,” Frank Fugate said as a representative for Woda Cooper Companies. “Tennessee does a really good job of making rehabilitation credits available. So, our properties are maintained and we have an extended use of the affordability period, which is really good in the state.”
Applications for THCA credits, which Woda hopes to receive for use on the project, are due by April 15 and the special exception is required to be approved prior to applying.
With the exception granted, Fugate explained the construction would potentially be complete in 2027. It takes three to five months for TDHA to approve or reject an application and enter into a “question-and-cure” period. The process of acquiring building permits and initiating construction takes place after, which reportedly takes nine to 12 months.
The undeveloped property is presently zoned C-2, which typically houses business and personal services, retail and wholesale trade, cemeteries, professional offices, federal, state, county and municipal usage, automotive and transportation services, light and limited manufacturing, media stations, accessory or temporary structures or single-family detached dwellings, excluding mobile homes. It is 3.5 acres in size, placing it in compliance with the minimum lot size of 5,000 square feet for the first unit and 3,000 square feet for each additional single-family unit with a lot width of 100 square feet.
Special exceptions are allowances permitted to properties if certain conditions are met, but are not standard in a simply zoned property. In order to receive the multi-family exception, it must satisfy a minimum lot area, width and yard size and comply with all zoning codes.
General provisions for the special exception additionally require the property to be designed, located and proposed in a way that does not impact public health, safety and welfare and will not adversely impact other property in the area.
According to a resident on Garfield St., Tim Nickel, there are concerns for proper water mitigation in the area which he believes will worsen with the development of this space.
“The city has a habit of not hiring a civil engineer before they look at water remediation and what happens when we get heavy rainfall, like the five inches we got in six hours back in May and the eight inches we got in February of 2022. That water fills up and overflows in the street, even with the new curves,” Nickel said. “There’s not enough drainage for the rain we had last week. That water in that field, for the most part, stays in that field. If that’s all concrete and a building is built right up against the back of all five homes, where is that water going to go? I don’t want it in my crawl space and cellar.”
Nickel additionally cited concerns for privacy and noise from being in such close quarters with a development.
“Our role as this board is to look at the special exceptions as they pertain to zoning, but I know that Sean and Lyndon Bussell do a great job with stormwater mitigation and they’ve mapped the entire city. They’re constantly working on that and the role of our board does not handle that,” board member Emily Stefanick said to Nickel. “We are pretty bound by the scope of what our board can weigh in on with special exceptions like this.”
“It’s going to take a lot for you to convince me that you will do proper water mediation over there,” Nickel maintained.
Chairman Jerry Williamson attempted to reassure Nickel, adding, “We do appreciate you coming forward and presenting this, and it will be a consideration before the permit is issued.”
The board ultimately approved the request for the special exception, with all members voting in favor it.
Receiving the special exception is only the first of several steps that must take place before construction begins. The exception was required before building permits and other necessary materials could be drafted and completed, and developers are required to address matters of water mitigation and other factors which might impact other properties.