A Germantown couple intends to ask the Germantown Planning Commission to reverse their approval of the final site plan and zoning classification for the proposed expansion of Bodine School.
The couple, Rand and Leslie Bouldin, neighbors of the school, oppose the approved revised final site plan and a conditional use permit that would allow special zoning for the expansion of the school.
The Bouldins submitted an application request to the suburb’s economic and community development department on Sept. 14 for the Germantown Board of Mayor and Aldermen to consider an appeal of the planning commission’s decision, according to staff reports. The appeal is scheduled to go before the BMA during its Sept. 28 meeting at 5:45 p.m.
The planning commission
during its Sept. 1 meeting approved both a conditional use permit capping Bodine’s student enrollment at 140 and revised final site plan for building additions totaling 25,980 square feet, according to staff reports.
Cameron Ross, Germantown's economic and community director, told the Commercial Appeal that it's a rarity for Germantown to be challenged by an appeal.
"This is the first appeal of a conditional use permit approved by the planning commission," Ross said. "Germantown does not regularly see appeals of the planning commission's decision."
Ross said if the couple wins the appeal then Bodine School would have to go back to the drawing board.
"Bodine School would have to come back with a revision to their plan to the planning commission," he said.
Resident concerns about expansion
The Bouldins said since their residence is immediately adjacent to the Bodine property they have concerns about the project’s compliance with Germantown’s zoning requirements, as well as its potential impact on the surrounding neighborhood.
Bodine School, 2432 Yester Oaks Drive, has plans to expand the existing 18,039-square-foot school on 5.38 acres, on a plat of land currently zoned as residential. According to staff reports, a conditional use permit was required for a private school to be located in the residential zoning district with limits.
The Bouldins stated their main issue in the appeal is whether the planning commission approved an illegal use of the property based on Germantown’s zoning requirements, and urges the BMA to determine whether the conditional use permit complies with the city’s zoning requirements.
“Our question is whether a project of this size is appropriate for this particular site and, more importantly, whether the city is required to follow its own zoning code when making that decision,” Leslie Bouldin said in a release.
Conditional use stipulations
According to staff reports, Section 23-228 mandates that uses permitted by conditional use permit under Sec. 23-7 (b) must be located on a route designated as either a major or collector street on the official major road plan. When Bodine School was founded in 1972 and expanded in 1982, Yester Oaks Drive was physically constructed to collector street standards and identified as a collector on the major road plan based on a planned future connection south to Poplar Avenue.
However, in the 2024 major road plan update recommendations, Yester Oaks Drive was recommended for removal from collector status because recent analysis demonstrated no need for the anticipated Poplar Avue connection. Although Yester Oaks Drive does not have traffic volume typical of a collector street, it remains constructed to collector street standards.
"Yester Oaks was designed as a collector street because it was designated in a previous major road plan as a collector street. So, it got the width for traffic to move freely in two directions along with cars parked on both sides of the street as well as sidewalks on both sides of the street. So, it's designed as a collector street, but currently it does not function as a collector street," Ross said.
"... it was built as one and so that's what the planning commission based their decision on because one day it could function as a collector street again depending on how development goes."
The Bouldins said the issue raised in the appeal is they believe Yester Oaks Drive does not meet that requirement.
Additionally, the Bouldins and concerned neighborhood residents consulted legal advisors regarding the zoning issue following the planning commission’s decision.
The Bouldins and neighbors have also expressed other concerns dealing with the expansion, including increased traffic on neighborhood streets, pedestrian and traffic safety and stormwater and drainage.
According to staff reports, the planning commission approved the expansion of Bodine School because it believed the project will not have a substantial adverse effect upon adjacent property, including traffic conditions, parking and other matters affecting the public health, safety and general welfare of the surrounding residents.
“This isn't about whether helping more children is a good thing,” Leslie Bouldin said in a release. “Of course, it is. However, should a project that adversely affects a residential neighborhood, especially when it is explicitly against city code, be permitted? Should the written laws that govern our city be followed?"
What will the Bodine School expansion include?
The proposed project will include an all-purpose space and four new classrooms, a library, a new playground area, student center with a gym and selected renovations to the existing building. The expansion would increase Bodine School's building total space to roughly 44,000 square feet.
The project would also increase school capacity by 40 students. Parking is proposed to increase from 33 parking spaces to 66 parking spaces. On-site vehicle stacking capacity at dismissal is proposed to increase from six vehicles to 43 vehicles.
Corey Davis is the Collierville and Germantown reporter with The Commercial Appeal. He can be reached at Corey.Davis@commercialappeal.com or 901-293-1610.
This article originally appeared on Memphis Commercial Appeal: Germantown couple appeal approval of Bodine School expansion
