Canton OKs rezoning for new apartments, Madison County Schools and South Madison Fire District plans to appeal.

Complex to be inside school zone; district plans appeal

CANTON — Canton aldermen on Tuesday approved a rezoning that clears the way for an apartment complex on land that sits inside the Madison County school zone, over protests from both school and nearby fire protection officials.

By a 6-1 vote, the Board of Aldermen granted the change in zoning for 23 acres proposed for apartments within a 63-acre commercial development planned by First Choice Development. Attorney Ron Farris said the "high-end, luxury multi-family community" is part of the $40 million development that will be built in the Sowell Road area just east of I-55.

Attorney John Hooks said the school district is concerned about the number of students that could flood nearby schools. "We still have not received details of the number of students utilizing the Madison County schools. It's critical for schools to prepare," he said.

"We have no specifics (about the apartments). We still don't have anything but platitudes and rambling projections," Hooks said.

"You don't stop growth because the school district doesn't want more children to educate," Farris said, adding that at most the likelihood is 60 to 61 additional students would enter Madison County schools from the apartments.

John Scanlon, the attorney for the South Madison Fire Protection District at Gluckstadt, said the volunteer department has concerns over fire safety. An apartment complex could affect the fire insurance rating in the area that the Gluckstadt department is working to lower, he said.

"If the fire insurance rating is affected, it will adversely affect the residents of the fire district and the city of Canton," said Gluckstadt resident Kerry Minninger, a member of the volunteer department. "We've put in a lot of work to improve fire protections. We would ask the aldermen to consider that."

Farris disputed the chance of a change in the area's fire rating, which would increase homeowners' insurance rates. "There is no negative impact on public safety. There is no proof that the fire rating will be lowered."

Canton Alderman Billy Myers said he supports the commercial development but voted against the rezoning because of the problems that can arise from apartments.

"It's a proven fact that no matter the intent from the start, apartments become problems in any city," said Myers, who works with the Madison County Sheriff's Department. He said deputies answer frequent calls to another apartment complex in Canton that isn't far from the Sowell Road area.

Madison County School Superintendent Mike Kent said the district plans to appeal the Board of Aldermen's decision to Madison County Circuit Court. Scanlon said the fire district will join that appeal to halt the rezoning.

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