Gallatin council holds public hearing on Foxland Harbor marina amid dispute over Corps lease, dredging, traffic and rentals

The Gallatin City Council on Sept. 16 held a public hearing on an ordinance to approve an amended preliminary master development plan for Foxland Harbor Marina, a mixed marina-and-residential project on Old Hickory Lake. Councilman Carter introduced the ordinance and declared the hearing open; the hearing concluded the same night with no final vote.

Supporters and opponents filled the council chamber and spoke at length. Tom Lee, an attorney for Friends of Old Hickory Lake, told the council he and his group had obtained a March 6, 2025 Department of the Army lease for commercial concession purposes between the U.S. Army Corps of Engineers and the marina developer, Foxland Harbor Marina LLC. Lee said the lease requires the developer to follow a five‑phase “use and development plan,” limits the lease term to 25 years (extendable twice), gives the Corps written approval authority over development-plan changes and permits the Corps to review and, if necessary, set concession prices. “This is a lease for commercial concession purposes,” Lee said, and “the Corps is a present landlord” whose written approval is required before structures are erected.

Lee warned the lease and the plan the Corps approved differ in material ways from the plan before the council: the Corps’ exhibit describes phased construction with infrastructure and 186 wet slips, parking and fuel facilities in phase 1, and other land‑based elements later. By contrast, the city’s plan presented to the council does not phase boat-slip construction, omits certain land uses in the Corps plan and does not include the Corps’ sign and architectural restrictions. Lee pointed to a clause in the lease that says the lessee “will not subdivide or develop into private residential development” and cited federal regulations (36 C.F.R. § 327.22) that prohibit occupying Corps lands for private residence without written permission from the district commander.

Developer and project representatives disputed some characterizations and emphasized changes made during the review process. Joe Godfrey of Godfrey Development Group, who said he has worked on Foxland since 2007, described the marina and associated condos as part of a long‑planned master development for the Foxland neighborhood and said the current proposal is roughly half the density that could be built under prior approvals (112 condo units vs. earlier higher counts). “This whole thing has been being built out with the anticipation of the condo and marina project,” Godfrey said, and he urged the council to allow the project to proceed as part of that long‑standing plan.

Neighbors and other residents described a list of concerns the council will consider before any zoning approval. David Shearer, a nearby resident, read email guidance from Planning Director Rose concluding short‑term rentals are permitted in the MRO zoning district unless the zoning ordinance as a whole is changed; the director noted the city could not single out this development to ban short‑term rentals without changing the ordinance generally. Several speakers asked whether the project’s homeowners association (HOA) could restrict rentals privately.

Environmental and safety concerns drew repeated testimony. Tim Weeks, who spoke on behalf of the Sierra Club Middle Tennessee and as a neighborhood resident, said “the developer is telling you that there’s not going to be any dredging” but called that statement “flat out a lie,” saying near‑shore depths are shallow and dredging will be required to accommodate larger boats. Multiple residents said they had run aground in the inlet and described shallow areas near proposed slips. Speakers also questioned the plan’s traffic mitigation triggers — the city’s traffic improvements are set to occur when 25% of the project is built, which some residents said would allow a marina to operate without needed roadway changes. David Shearer and other speakers urged the council to require traffic improvements when 25% of boat slips are installed rather than when 25% of the entire project is complete.

Other concerns raised during public comment included: the effect of wake boats and increased boat traffic on shoreline erosion and noise; the potential for pump‑out, sewer and fuel facilities to cause pollution or odors; the loss of public access to existing boat ramps; parking and outdoor storage of boat trailers; and whether the Corps’ lease would allow proposed condos or short‑term residential uses on Corps lands. Dominic Wade, a local business owner, cautioned that more liquor‑store or short‑term rental activity could change neighborhood character. Supporters of the project, including Valerie Elder and residents who identified themselves as buyers or supporters of Foxland development, said the marina would bring recreation, restaurants and economic activity to Gallatin and argued the developer has a long record in the area.

Planning and permitting questions also surfaced. Several people noted that an earlier planning commission action removed elements such as a dry‑storage building and a hotel from the submitted plan. Residents and the developer disagreed about whether an 87‑foot building height exception had previously been authorized; Planning Director Rose told a resident that the height exception before the council is an exception to the code that requires council action. The council was also urged to clarify whether boat‑trailer storage would be restricted across the site or only in certain visible locations.

The public hearing closed after extended testimony; Mayor Brown (presiding) did not put the matter to a final vote that night. The ordinance remains pending. Council members signaled they will consider the lease provisions, the Corps’ role and the city planning record before taking a final vote when the rezoning returns to the council.

What’s next: The council will take the ordinance through its standard legislative process; a date for final action was not taken at the meeting. The Corps lease and the differences between the Corps’ five‑phase plan and the city plan were central themes of Wednesday’s hearing and will be among materials council members review during deliberations.