VII. The applicant contends that any modification of the district standards that would otherwise be applicable to the site are warranted by the design of the outline plan and the amenities incorporated therein, and are not inconsistent with the public interest. Says who? Everything Waste Connections of TN, LLC has proposed is only consistent with what they want. They continue to push forward with any regard to the community in which they have continuously expanded in without regard for the part of their deed that prevents the same. We therefore propose that the design of the outline plan and the amenities incorporated therein are not consistent with the public interest of those who reside in the nearby subdivisions. VIII. The applicant asks that a homeowners association or some other responsible party be required to maintain any and all common open space and/or common elements. This is the most uncaring request yet. This company has been allowed to disperse trash up and down the streets in our neighborhood, something that I have personally witnessed from the transfer of commercial-sized, supposedly empty waste containers being carried to and from delivery locations, yet they want the neighborhood to clean up behind them after their counterparts at Caissa Public Strategy have already made several recorded statements and concessions that Waste Connections of TN, LLC desires to be better corporate neighbors and vowed to regularly keep our community clean at their personal expense. Again, liars. They put this statement in writing so they would not have to keep their verbal promise to clean up their act. IX. We have no idea why it is necessary to make the statement that lots of records are created with the recording of a planned development final plan. We are requesting that you do not allow this unhealthy, uncaring, unconcerned corporation continue operations in our community for the continuously visible violations they continue to make based on their own property deed of trust. As previously stated, “This business has operated in plain view of the backyards of more than a dozen residents since 1999. Many of these residents were told there ‘would be no garbage collection’ on this property.” Again, we would like clarification. Although Waste Connections of TN, LLC states they do not collect hazardous waste, the waste they do collect is not wanted in this neighborhood any longer and this neighborhood is not willing to consent to allowing any expansion of these services, regardless of their intentions and purpose to go forth. This business originally requested that the waste collection and transfer portion of its operations should remain at their current heavy industrial (IH) location, now they have amended their proposal to include a 4-Phase development project that relocates the actual waste collection facility, enclosed or not, at the location’s property line, right at the street, in plain view for all traffic traveling east or west on Brooks Road to see. Please take the garbage out of our neighborhood. We are not only complaining that this is not scheduled to happen until Phase 3 of 4 phases, but also that it is still being built on land directly adjacent to our homes. We don’t want it anywhere near our homes. We don’t want you in our community at all. It is clear to all that Waste Connections of TN, LLC does not care about our environment any more than they care about our health. We haven’t been able to get Waste Connections of TN, LLC to understand how disrespectful they have been to our community over the years. While they continue to expand, we continue to suffer. Waste Connections of TN, LLC must understand that these unsightly and odor causing operations that once sat approximately six feet from our residential backyards still give off a strong and offensive stench and that we still smell the chemical odors in the middle of the night throughout the entire community. We want Waste Connections of TN, LLC to move and to take their unwanted vermin including large snakes, rats and other rabid attracting animals away from our neighbors homes. It is our request that you fully consider rejecting this proposal and demand the business’s “refuse collection and recycling for residential, commercial, and construction related customers” move to a less densely populated area. We are very happy Waste Connections of TN, LLC recently admitted that the waste collection and transfer portion of their operations cannot exist without being legitimized. We are hereby requesting your support to ensure this legitimization never occurs. Where Waste Connections of TN, LLC currently sits on Brooks Road is not an “ideal location for this use” as stated in the above-referenced #18-67 document submitted to your offices in July 2018. Section 9.3.2, Neighborhood Notification and Meeting, of the 2010 approved Memphis and Shelby County Unified Development Code Section “A” specifies that “At least ten days, but not more than 120 days, prior to a hearing before the Land Use Control Board (which was originally scheduled for August 22, 2018 and is now scheduled for 10 am, Thursday, March 14, 2019), the applicant shall host and/or attend a neighborhood meeting with representatives from neighborhoods adjacent to the development site which the hearing involves… and Section “B”, Procedure specifies that “1) the officers of any neighborhood… registered with the City of Memphis… whose boundaries include properties within 1,500 feet of the subject property and 2) all current residents of single-family and two-family dwellings within the notification area,” should have received by US Mail notification of the neighborhood meeting prepared and provided by the applicant. Yet again, this requirement was not fully met. The McCorkle Road Neighborhood Development Association, Inc. of Memphis was founded in 1994, a year after I moved in my current home because of some local real estate firm’s plans that didn’t fit with the community’s ideas for our properties. Once I, Yvonne D. Nelson, began to spread the word about these plans. it was on that note that the community combined forces and began to fight back. It was on the strength of the backs of many neighbors that we prevented this unwanted strategy from happening, the same strength that we fought against the Pull-A-Part auto salvage yard, and it is with this same renewed strength that we continue this fight with Waste Connections of TN, LLC today. We do appreciate the fact that you have grandfathered Waste Connections of TN, LLC into their current location; however, we need you to understand that this is a formal 24
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