Madison County IDA seeks industrial zoning for 64.79-acre site; planning board to hold public hearing

Stephanie Wilson, representing the Madison County Industrial Development Authority, asked the planning board to recommend rezoning a 64.79-acre A1 tract and four adjoining smaller parcels from business/A1 to industrial to create what the IDA described as a light-industrial/business park for resale to future buyers.

The request would combine five parcels and site plans submitted show up to 21 lots; the IDA said the driveway entrance work has been bid and awarded and that the front portions of the property are already zoned business while the larger back portion is A1. Wilson said the IDA envisions light industrial and business uses and is not seeking heavy industry: "It's going to be light industrial ... It's not going to be no heavy industrial," she said.

Why it matters: rezoning a large parcel to industrial could change the land-use character near the Brittany Point subdivision and elsewhere along the corridor and could speed sales to commercial buyers. Planning board members pressed the IDA for clarity on how future buyers will be vetted and whether deed restrictions or covenants could be used to limit undesirable uses.

County counsel told the board the industrial authority is an instrumentality of the county and that IDA-owned property is typically exempt from zoning while in IDA ownership. The attorney said the IDA can act to remove early obstacles to prospective buyers, but cautioned that some covenants that would unreasonably restrict the future sale of property may be legally suspect: "the law allows reasonable covenants on property, it prohibits restraints on alienation," the attorney said.

Board members also flagged the rezoning as a potential instance of spot zoning because there are no nearby industrial zones on surrounding parcels. One member noted adjacency to the Brittany Point subdivision and asked how the IDA would ensure compatible uses. The IDA representative said covenants or conditions could be used and that the IDA would ask purchasers to come back before the authority or the planning commission if proposed uses changed materially, though the attorney said enforceability and legal constraints would determine what could be required.

The planning board agreed it needs more information and urged neighbors to attend a forthcoming public hearing to ask questions and state concerns; staff said a public hearing will be set as part of the formal rezoning process. The board did not adopt a final recommendation at the meeting.