Yet to come... link to Dec. 4th Planning Commission Agenda coming soon!

Contact voting Planning Commission members and urge them to DENY the D.R. HORTON PUD

City of Sevierville, Planning Commission Email Address

Mayor Robbie Fox    rfox@seviervilletn.org	Vincent Snider, Chairman    vincent_snider@msn.com    (ONLY votes if tied)
Butch Stott, Vice Chairman    bstott614@gmail.com	Daryl Roberts    droberts@tnstatebank.com    (will NOT vote on PUD)
Douglas Messer, Secretary    dmesser21@comcast.net Alderman Wayne Helton    whelton@seviervilletn.org Shane Patterson    cdivel@seviervilletn.org    Subject: "For Shane Patterson"

Why DENY D.R. Horton PUD?

Letters to Planning Commission and BOMA from Attorney Daniel Sanders

• Sevierville's Authority to Deny DR. Horton's Rezoning Request.pdf

• Lawsuits and Complaints Involving DR Horton, Inc.pdf

• Proposed Red Bank Road Master Plan Premature and Fiscally Irresponsible.pdf

Letter from Daniel A. Sanders, Attorney

Dear Team,
     First, congratulations. Last night’s vote to deny D.R. Horton’s rezoning request is a major victory and a credit to your sustained effort and unity.
     That said, the fight is not over. D.R. Horton has submitted a Planned Unit Development (“PUD”) for ~500 units along Red Bank Road. Unlike the rezoning (a legislative decision), the PUD is an administrative decision: the Planning Commission must have a rational basis supported by a record of material evidence to deny it. Our job now is to build that record.
     The prior engineering submittals scoped for the ~1,200-unit master plan do not necessarily carry over. The PUD is a different application at a different scale. We will need a new engineering effort tailored specifically to this proposal. That means working with qualified engineers to produce clear reports on traffic, water/sewer, and other infrastructure that demonstrate how the proposed project would overburden public systems or create public safety concerns. These reports will provide the Commission the evidence it needs to deny the application. I am also attaching a couple of cases that will give you the flavor of how courts review these matters. We need material evidence to support our request for denial.
     Several individuals approached me last night and offered to help in this effort. To succeed, we’ll need participation and funding to retain qualified engineers quickly. I recommend a door-knocking campaign across the neighborhood to spread the word and request monetary support for expert reports and testimony. I gave my card to the individuals who offered support at the meeting and will let you know if I hear from them.

     To give you a sense of what needs to happen over the next couple of weeks:
     • Public Records request for new application and associated documents. (I will do this immediately).
     • Engineering: Retain a traffic engineer and a water/sewer engineer as soon as possible so they have time to collect data and prepare reports. I have already reached out to a few engineers to gauge availability, interest, and budget.
     • Community Outreach: Inform everyone about the upcoming meeting and need for funding. Distribute regular updates so neighbors know how to contribute, what progress is being made, and how they can help.
     • Public Relations: I think there is a real opportunity here to go on the offensive against Corey Divel, Dustin Smith, and Vince Snider.

     These individuals clearly do not understand their authority to control development and their statements spilled over from analysis into advocacy for the development. We need to set the record straight on planning commission’s authority and keep these three in their lane ahead of the next meeting.
     The next Planning Commission meeting is Thursday, November 6 at 5:00 PM. That gives us only a month to mobilize, fund, and commission the necessary engineering work. Swift action is required.
     Thank you again for everything you’ve done. Last night proves that when we stand together, we can protect our community. Let’s keep the momentum going.

Sincerely,
Daniel A. Sanders
Attorney

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