Franklin council approves limited Highview access and easement change for high school expansion after hours of debate

Franklin Common Council on Tuesday approved a conditional-use restriction limiting access to Highview Drive to emergency vehicles and approved an amendment to a conservation easement that reduces the buffer along the southeast corner of the Franklin High School property — moves the school says are needed to build tennis courts and a replacement practice field tied to a 2024 referendum.

The council vote on the conditional use (g1) restricts general access to Highview Drive but allows temporary event access; the council also approved an amendment to a recorded conservation easement (g2) that sets an average 60-foot easement line rather than the 150-foot buffer the Plan Commission recommended.

Why it matters: The decisions clear two regulatory hurdles the Franklin School District says are necessary to complete the referendum-backed high school improvements, including at least 10 tennis courts and a new practice field the district says cannot be accommodated elsewhere on the land without changing the easement. Neighbors said the plan will reduce tree buffers and increase traffic and stormwater risks for adjacent residential streets.

What the council approved and how it got there - Conditional use (g1): Alderman Day moved that access to Highview Drive be approved only for emergency vehicles, with an allowance for limited event access; the motion also included a tennis-court lighting restriction to shut off “by dusk or 8 p.m., with the exception of school-sponsored activities or tournaments.” The motion passed on a 4–2 roll-call vote: Ayes — Pecarelli, Hassan, Day, Salouse; Noes — Eichmann, Craig.

- Conservation easement amendment (g2): The council voted to amend a previously recorded conservation easement so the district may modify easement boundaries on the southeast corner to an average 60-foot buffer (instead of a 150-foot buffer recommended by the Plan Commission). That vote also passed 4–2: Ayes — Craig, Hassan, Eichmann, Pecarelli; Noes — Dey, Salouse.

What proponents said Mike Sprague, president of the Franklin Board of Education, told the council the referendum voters in November 2024 approved funding for needed school improvements and asked the city to approve changes needed to implement the plan. “We, the members of the Franklin School Board, respectfully request your approval of key amendments necessary for the continued progress of our construction plans,” Sprague said, listing access to Highview Drive and an easement adjustment as required changes.

School district officials and their consultants said the southeast corner is the only practical place left on the campus to locate a replacement practice field lost to other construction; they said alternative alignments (including a longer access road to Drexel Avenue) would disturb more wetlands and woodlands and carry substantially higher costs and permitting risk. Michael Hacker of Cadence Consulting, the district’s owner’s representative, said engineers had studied alternatives and concluded the southeast corner was the least disruptive option on the site topography.

What opponents said Neighbors and multiple speakers — including residents on South 40th Street and 40th Seventh Street and conservation advocates — urged the council to protect the larger buffer and preserve mature woodland and wetlands. “These easements run with and bind the property in perpetuity and may be changed only by written instrument executed by both the school district and the city,” said Brenda Peterson, a nearby homeowner, quoting state statutes and asking the council to pause the easement amendment. Robert Barthel, who lives adjacent to the site, warned that a smaller buffer would not absorb stormwater and said basements could flood if the city approved the reduction.

Council concerns and conditions Council members pressed the district on traffic circulation, emergency access, event parking and enforcement, and construction traffic. The school proposed a gated, controlled-access design for Highview that would use individually programmed card access for roughly 70 assigned staff parking spaces; the gate could be opened for events to allow visitor and team buses to enter and then closed afterwards. District officials said buses for matches and tournaments could use the tennis-court parking if the gate were opened for scheduled events. The council and staff discussed a possible alternative gate location farther up the drive to allow public weekend access to tennis court parking while keeping controlled access for staff during the school day.

The council also sought clarity on construction staging: the district said those construction vehicles would use the same gated access and that the southeast corner could serve as a laydown area at times during construction. Council members asked staff to require documentation of construction traffic mitigation and to track and repair any damage to neighborhood streets caused by construction traffic.

Permits, reviews and next steps - Plan Commission and UDO: Under the city’s Unified Development Ordinance (UDO), the Plan Commission reviews natural-resource special exceptions. The Plan Commission had approved a natural-resource special exception with a 150-foot protection requirement; the council, which has authority over easement amendments, approved a narrower 60-foot easement amendment and the district can now return to the Plan Commission seeking a special-exception that matches the amended easement. - DNR/reviews: City staff told the council state agencies including the Department of Natural Resources are reviewing related materials that were submitted; at the meeting a staff member said the DNR review had been in process for “about three weeks.”

Votes at a glance - G1 Conditional Use (Franklin High School access and lighting): Approved 4–2. Motion included Highview Drive access limited to emergency vehicles with gated/event access and a lighting curfew of dusk/8 p.m. except for school-sponsored activities. - G2 Conservation Easement amendment (modify easement boundaries on property at 8222 S. 50th St.): Approved 4–2. Amendment sets an approximate 60-foot average buffer (varies by grade) in place of broader Plan Commission recommendation.

What remains unsettled The easement amendment does not by itself authorize construction in areas the Plan Commission ruled should be protected; the district must secure any additional special-exception approvals needed for disturbance inside the amended boundary. Several council members and neighbors said they remain concerned about long-term traffic and stormwater impacts and asked staff to document mitigation and to report back on construction traffic controls and pavement restoration obligations.

Speakers at the meeting included school officials, neighbors, Plan Commission and staff members; the council recessed briefly before voting and ultimately approved both measures. The district said it plans to proceed with final design and permitting after the council votes.

Ending — what to watch next The school district and city staff said the district will return to the Plan Commission for any special-exception decisions required by the UDO and will work with Public Works on a construction traffic plan and a pavement-restoration agreement. Neighbors said they plan to monitor implementation and ask staff to enforce any permit conditions and easement terms the council imposed.