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MDC approves rezoning of 61.55-acre Dalton property at 7500 South Sherman Drive
Summary
The Metropolitan Development Commission voted 7-0 to rezone 61.55 acres at 7500 South Sherman Drive from DA to D3 for a proposed Davis Building Group subdivision, after a public hearing that included traffic, environmental and connectivity concerns from nearby homeowners.
The Metropolitan Development Commission voted 7-0 on April 2 to approve petition 2024ZON144, rezoning about 61.55 acres at 7500 South Sherman Drive in Perry Township from the DA district to D3, subject to commitments the developer made during the hearing.
The petition was presented by Russell Brown, attorney with the Clark Quinn law firm, who said the project — tentatively named "The Trees at Southport Crossing" by Davis Building Group — would be a cluster-style single-family development that preserves significant open space and wetlands. "The petition before you today seeks to rezone approximately 61 largely undeveloped acres ... to the D3 zoning classification," Brown said during the hearing.
The commission’s approval followed a formal staff recommendation and a favorable hearing-examiner report. Staff told the commission the site fits the comprehensive plan’s recommendation for "suburban neighborhood" with a typical density range of 2 to 5 units per acre, and noted the developer’s commitments to preserve tree and wetland areas.
Why it matters: The decision allows a developer-controlled subdivision under D3 rules to proceed to the next design and platting stages, where infrastructure, drainage and final lot layout will be established. Opponents said the rezoning, as presented, raises safety and environmental concerns for the surrounding neighborhoods.
What the developer proposed and committed Russell Brown and representatives from Davis Building Group described a cluster subdivision option that would preserve wetlands and wooded areas while creating new home lots. Brown said the developer anticipates a maximum of 137 lots under the commitments agreed to with staff, with homes generally expected to range from about 1,400 to 2,300 square feet and an anticipated average sale price of roughly $400,000.
Brown outlined two layout approaches presented to the commission: a higher-yield layout of approximately 150 lots (2.44 units per acre) and a cluster layout with a lower lot count — about 37 lots in an alternative conceptual layout — that would reduce streets and impervious surface and increase open space. Brown said the site plan would "preserve approximately 8 acres of existing wetlands and 3 acres of existing tree area on the northeast corner."
Traffic and environmental testimony A traffic consultant from A and F Engineering testified the project’s added trips would have minimal impacts at the nearby signalized intersections based on counts and trip generation used for the analysis. The consultant gave example figures for new-traffic shares during peak hours: Sherman Drive-related intersections showed increases of about 3.1% (AM) and 2.8% (PM); Southport Road and McFarland about 2.4%; and Emerson and McFarland roughly 1.6% (AM) and 1.4% (PM).
Registered consulting arborist Judd Scott described two site visits and a drone review coordinated with others and said his ground and aerial inspections did not locate an eagle's nest on the property. "We investigated it during the wintertime, once in January and once just recently, March ... we did not find any eagle's nest," Scott testified under oath.
Local residents press connectivity, safety and drainage concerns Several residents from adjacent McFarland Farms and nearby neighborhoods opposed the rezoning as presented. Mary Jo Kennelly, a McFarland Farms resident, told the commission she and other homeowners gathered signatures opposing the plan and raised concerns that new neighborhood connections would increase cut-through traffic on narrow interior streets. "The biggest effect is on our interior roads ... we're going to have that many more residents driving through our residential streets," Kennelly said.
Resident Jocelyn Mappas, who said her family had anticipated nearby development when they moved in, urged stronger stormwater safeguards and noted recent heavy rainfall that overwhelmed existing drainage. "Only 21% of the parcel is being left untouched, meaning that 79% of it will be covered in impermeable surfaces," Mappas said; the developer disputed that calculation and testified open-space accounting under the ordinance produces a larger preserved area.
Staff and petitioner responses City staff recommended approval, noting the development’s consistency with the comprehensive plan and the applicant’s commitments to preserve natural resources. In rebuttal, the petitioner reiterated that final drainage design and platting occur at a later stage and that "there's the next stage that requires platting ... for drainage, for infrastructure needs, that makes sure that this site does not drain to the detriment of others."
Vote and next steps The commission recorded seven ballots in favor, zero opposed, and approved petition 2024ZON144 with the conditions and commitments offered by the petitioner and accepted by staff. The vote was announced by the secretary and the presiding officer: "This petition has been approved ... 20 24 ZON 144 passes by a count of 7 to 0."
The rezoning approval moves the project to the platting and engineering stages, where more detailed stormwater, roadway and construction plans will be submitted to city departments for review and approval. During those later reviews, staff and commissioners may review engineering calculations, proposed roadway connections and construction traffic routing as part of the plat and permitting process.
Speakers quoted in this article are identified from the meeting record and attributed as follows: Russell Brown, attorney; Judd Scott, registered consulting arborist; Mary Jo Kennelly, McFarland Farms resident; Jocelyn Mappas, neighbor resident; city staff representatives; and developer representatives from Davis Building Group.
