Apartment Structure Comes Under Environmental Scrutiny

An apartment structure that Eagleville City Councilman M.A. Smitty is developing next to his home on East Highway 99 has come under state environmental scrutiny.

The Tennessee Department of Environment and Conservation issued him a notice of violation on Sept 21, saying construction of the structure began prior to obtaining a septic tank permit.

The agency gave him a 30-day deadline to apply for a permit, but a TDEC spokesman and Smitty said the matter is still ongoing.

"We have not received enough information from him at this time to make a decision," Meg Lockhart, deputy communications director with TDEC, said last week. "We have asked for clarification and will work with Mr. Smitty once we receive the information we have requested in the notice of violation."

Smitty said he has been in touch with state officials since sometime before the 30-day deadline and steps are now in place to get the proper septic system.

"I have a soil scientist coming out who will test the soil, and we’ll then go on from there," he said.

The city of Eagleville issued Smitty a building permit in July to remodel "2,806 square feet." Smitty’s home and the structure he is remodeling are located on a ¾ acre lot next to Cheatham Branch. Smitty said he has modified the structure within the same footprint.

"Right now all I have standing here is a garage building, and it is staying that way until I get the septic system updated the way that they want it," he said.

The Rutherford County planning office has issued eight addresses for Smitty’s property, which are in addition to his home address. He said he might have up to eight apartments if the state will allow it.

"But that is in the future," he said. "I am just doing this project as I can afford it."

TDEC public information officer Tammy Heise said the type of sewage system required for the apartment structure will depend on the particular conditions that exist on the property.

"Mr. Smitty has been asked to have his property mapped by a soil scientist to determine if his soil is suitable for a septic system," Heise said.

With this information, TDEC will determine if it is appropriate to permit expansion of his existing system, permit a new system for the proposed apartment units or permit a single system for both his home and the proposed apartments.

"If the results of the soil mapping show the soil is not suitable for a septic system, Mr. Smitty’s proposed project will not be permitted," Heise said.

The city council rezoned Smitty’s parcel of land from medium density residential (R-2) to high density residential (R-3) in December 2006 with the final reading of an ordinance. The first reading of the ordinance was on Oct. 26, 2006. The R-3 rezoning permits the multi-family dwelling and apartment use.

Researching the rezoning process for Smitty’s property has brought up a question that the Eagleville Times to date has not been able to get an answer to from the city or its contract community planning service.

The question is whether an R-3 district, which permits multi-family housing and apartments, is permissible anywhere in the Eagleville city limits because the city does not have a public sewer system.

The city’s current zoning ordinance, which was adopted in April 2006, states the following about an R-3 district:

"The (R-3) district is designed to provide suitable areas for high density residential development where sufficient urban services, specifically including water services adequate to provide fire protection and public waste water service is available, or where the extension of such services and facilities will be physically and economically facilitated."

The area where the proposed apartment structure is being developed was highlighted in a recent study done by the Harpeth River Watershed Association (HRWA) concerning possible contamination of surface and ground water streams in the Eagleville area.

The HRWA’s tests found that Cheatham Branch, which runs between Smitty’s property and the Eagleville Community Center, showed E. coli counts that exceeded recreational limits. The tests also showed high E. coli counts in a ditch that runs behind some of the houses in the neighborhood.

Because of the lack of a public sewer system, residents and businesses in the city of Eagleville rely on septic systems to handle their wastewater.

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