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  Roper's Knob Threatened  
     
 

 
 

Updates

November 1, 2010 ... New Photos

September 8, 2010 ...  Mitchell's land is now for sale ... see article below

 
 

Roper's Knob

One of Franklin's real Civil War treasures, Roper's Knob was the location of a Federal signal station. The unmarred hill is easily visible from all points around Franklin. Although the summit and the south flank of the hill is owned by the State of Tennessee and City of Franklin, much of the land on the north slope and the hills to the west are in private hands.

The Threat

One of the owners, developer Charles Mitchell, requested permission to build an access road onto his land from Mack Hatcher Parkway as an extension of Cool Springs Blvd. He apparently offered to pay the $1.4 million estimated cost of the road.

Clearly, the proposal would be much more than a driveway and could easily become a public road which would open the Roper Knob hillsides to development. Construction of the road itself, which would require considerable blasting, could endanger the fragile slopes of the knob including the ramp, constructed and used by Federal troops to haul heavy artillery to the summit.

Mitchell worked with TDOT for months on plans for the road since Mack Hatcher Parkway is owned by the State of Tennessee. However final approval had to come from the City of Franklin as the road most likely would become a city street.

Photo courtesy of City of Franklin

Our Position

As always, STFB will continue to speak out against development that infringes upon and endangers our few remaining Civil War sites in Williamson County. We believe that Franklin does not need townhouses and office buildings on the hillsides of Ropers Knob and its neighboring heights.

Learn more

You can read some of the recent News Articles on the threat to Roper's Knob below.

To learn more about Roper's Knob, visit Roper's Knob Oct 2008 STFB Tour to see photographs of our most recent walking tour. You can also read an archaeology report by Dr. Benjamin Nance of the Tennessee Division of Archeology featuring photographs and historic sketches. The report summarizes research conducted in the Fall of 2000 which exposed Civil War period fortifications and features including a redoubt as well as the rare example of an excavated blockhouse.


 
 

Update.......

On August 11th, the Franklin Board of Mayor and Aldermen voted to approve the request by
developer Charles Mitchell to build an access road onto his land from Mack Hatcher Parkway as an extension of Cool Springs Blvd. As we have shared with you over the past several months, this road will open the land around the base of Roper’s Knob to development.

Aldermen Klatt, Skinner, and Petersen voted against approving the road while Burger, McLendon, Barnhill, Bransford, and Moore voted for approval.

Thanks to those of you who voiced your opposition to the city. It is always worthwhile to speak up against encroachment on battlefield, so that our leaders know the public is vigilant. STFB will continue to watch the situation and speak out when development plans are presented and rezoning is requested.


 
 

Road Construction

Developer Charles "Mickey" Mitchell wasted no time to start construction.  His request was approved on August 11, 2010 and construction was begun less than one month later, on September 10th.   The limestone bedrock was drilled, blasted and leveled so that Cool Springs Blvd could be extended to open Mr. Mitchell’s property for development.

See the progression of work in photos below.

September 17, 2009

October 16, 2009

October 22, 2009

October 30, 2009

November 9, 2009

November 1, 2010 - Note the new traffic lights and entrance prepped for paving with curbs

 

Recent Aerial photos of entrance and road



 

 
 

News Articles on the threat to Roper's Knob

 
  Roper's Knob land is for sale
Owner says offices would suit property zoned for residences
By Kevin Walters • THE TENNESSEAN • September 6, 2010

FRANKLIN — More than 190 acres sitting along one of Franklin's most visible routes is now on the market for $29 million.

But the possible future development of that property — known as The Refuge — is a sticking point between its landowner Charlie "Mickey" Mitchell and Mayor John Schroer.

Mitchell is marketing a 40-acre parcel of the property near the Cool Springs Boulevard/Mack Hatcher Parkway intersection as the possible site for a corporate headquarters, a hotel or retail or other similar space.

Possible sale of the land comes a year after Mitchell won a victory at City Hall when city aldermen voted to allow him to complete a fourth "leg" at the intersection at Cool Springs Boulevard/Mack Hatcher by adding a road into the site.

"It's available for a corporate campus," said Fred Kane, a commercial real estate agent with Cassidy Turley. "Ideally, that's one of those corporate relocation kind of deals."

Mitchell's decision to put the land up for sale is solely a business decision, Kane said.
"People buy and sell stuff all the time," he said.

The property, which is zoned for estate and residential development, adjoins historic Roper's Knob, which was a Union signal station in the Civil War and still has earthworks on its site. The city and the state each own a portion of the Roper's Knob hill.

Meantime, Schroer said he will never support office or retail development, which would require a successful rezoning approval from Franklin, on that undeveloped land.

"That will never happen, unless there's a giant shift in the political structure of the city of Franklin," Schroer said. "From where I'm sitting, that idea's dead on arrival."

Schroer said he's discussed the matter with Mitchell and told him his stance; Mitchell, who lives in Franklin, could not be reached for comment.

But Kane said he believes the land must be considered for future office uses because of its location in Franklin.

"It's in a city," Kane said. "It's not like we're on the outskirts and we're trying to annex it into the city."

Road project is still on track
After months of discussion and the threat of a lawsuit from Mitchell, city aldermen eventually agreed to allow Mitchell to widen the intersection and construct a road from the Cool Springs/Mack Hatcher intersection back toward the other 151-acre tract adjoining it. The two sites are being marketed separately.

On average, more than 22,000 vehicles are on Mack Hatcher between Franklin Road and its intersection with Cool Springs Boulevard each day.

Mitchell's deed gave him that access to Mack Hatcher and state road officials said approval of the road ultimately came down to local officials.

The access road has not been paved, but that will apparently happen in the weeks ahead.
State Department of Transportation spokeswoman B.J. Doughty said Mitchell has told city and TDOT road planners that milling and paving operations will begin "soon" though no specific date has been set yet.

For the time being, the road must be maintained by Mitchell, said Joe York, city streets director.
After weeks of marketing, Kane said he's had strong interest in the possible purchase of the land, particularly the 151-acre parcel facing Franklin Road. The entrance to that land is off Franklin Road and crosses the CSX railroad tracks and is near a creek.

The Franklin Road parcel includes an 1,895-square-foot house and an air-conditioned barn, as well as a pool, tennis courts, a baseball diamond and two sports fields big enough for lacrosse or football games.

For years, Mitchell had been using that land to hold youth camps and provide sports instruction and training to kids.

The land's high visibility and proximity to Franklin make the property attractive for a possible buyer, but the land comes with possible obstacles, including the railroad tracks, said Tom Frye, managing director of CB Richard Ellis.

"All development is problematic," Frye said. "Some development is more problematic than others. Are there problems? Yeah. Is it a great commercial site? Yes, it's a great commercial site."

The recent announcement of a new $13 million IRS call center slated to start construction later this year has stirred up interest from other possible buyers, Kane said.

He said he believes a buyer who might not be interested in an immediate return on investment will be found.

"Mickey's a ready, willing, able seller," Kane said. "I think the right buyer will come around. … Twenty years from now, it's going to be worth a lot more money."

 

 
 

Cool Springs Boulevard extension gets green light

Aldermen vote to allow property owner to build access road

By Kevin Walters • THE TENNESSEAN • August 26, 2009

 

FRANKLIN — Despite objections from Franklin leaders and others, Cool Springs Boulevard can now be extended past its intersection with Mack Hatcher Parkway toward historic Roper's Knob.

 

This new public road, which will be built by landowner Charlie "Mickey" Mitchell, provides first-time access to 32 acres Mitchell owns on the other side of the intersection.

 

That might mean more development one day on his property, which is now vacant.

 

But the road's potential impact on an already-busy intersection as well as on Roper's Knob has left a bad taste for many, including the people who approved it. Aldermen voted 5-3 in August to give their approval for the new road to be built.

 

"I feel like I've been handed a deal I would not have made, but that is what it is," said Alderman Dana McLendon, who voted in favor of granting permission. "I think this is one I am just going to have to grin and swallow and wish it didn't happen."

 

City wanted to avoid lawsuit

The vote ends discussion about a project that's been lingering since last year. In December, aldermen dismissed an offer by Mitchell to foot much of the $1.4 million bill for adding the new road himself.

 

Mitchell owns La Vergne-based CBM Enterprises as well as the 150-acre Refuge property, which adjoins Franklin Road as well as this property. The city and the state of Tennessee own nearby Roper's Knob, which was a Union Army signal post during the Civil War.

 

Earlier this year, Mitchell and his attorney Tom White returned to show city leaders their plans as well as Mitchell's deed, which gives him access to Mack Hatcher.

 

Aldermen were forced to make a decision after Ed Cole, the state Department of Transportation chief of environment and planning, said approval for the new road came down to the city aldermen, not the state.

 

The potential threat of a lawsuit against the city outweighed concerns about the project.

 

"I, for one, have had enough lawsuits where the city of Franklin is a defendant in a lawsuit that the only question is 'How much do we owe the plaintiffs?'" McLendon said.

 

Project could increase traffic

Among the aldermen voting against the approval, Alderman Mike Skinner raised the most objections. He unsuccessfully sought to make aldermen's approval of the permit contingent on the funding and completion of the northwest quadrant of the Mack Hatcher Parkway.

 

"We're not denying this," Skinner said. "We're just saying it needs to be coordinated with the street improvements that we do."

 

Estimates show completing Mack Hatcher from Hillsboro Road to Highway 96 West would cost $72 million.

 

Aldermen voted down that recommendation.

 

Franklin resident and retiree Dave Fowler fears that the new road is going to exacerbate traffic at the intersection.

 

"The traffic is real bad there now," Fowler said. "I just don't feel we should put another (road) in there for more development."

 

TDOT reported 22,654 vehicles on Mack Hatcher between Franklin Road and its intersection with Cool Springs Boulevard as part of the annual average traffic count, according to the most recent available figures. That compares to an annual average of 22,238 vehicles in 2007.

 

More questions remain

Mitchell has not disclosed his plans about when construction of the road might commence or future development on the land.

 

TDOT spokeswoman B.J. Doughty said Mitchell still needs a final permit for the driveway connection onto Mack Hatcher. She said that has not yet been granted.

Neither Mitchell nor White returned calls for this story.

 

The impact of possible future development so close to Roper's Knob worries Sam Huffman, longtime treasurer of the Save the Franklin Battlefield.

 

"Our concern is that it will open up the entire property for development that will impose on Roper's Knob," Huffman said.

 

Huffman said members of his group will be closely following the project as it progresses.

 


 
 

Cool Springs Boulevard extension OK’ed: Iron Horse rezoning, concept pass
BY MINDY TATE • EDITOR • The Williamson Herald • August 13, 2009

 

Following is an excerpt from full article ...

 

Franklin Board of Mayor and Aldermen Tuesday voted 5-3 to allow the extension of Cool Springs Boulevard across Mack Hatcher Parkway, with one alderman saying while he didn’t like the idea, he was too tired of lawsuits to deny the curb cut.


Voting against allowing Charlie Mitchell to extend the road were Aldermen Dan Klatt, Mike Skinner and Ann Petersen. For months officials have wrestled with the curb cut, which Mitchell acquired when he purchased the land in the late 1980s from previous land owner J.W. Cross, who had secured a curb cut in negotiations with the Tennessee Department of Transportation as TDOT built Mack Hatcher.

“This one causes me consternation because I feel like I have been handed a deal I would not have made, but that is what it is,” Alderman Dana McLendon said. “There is no question the applicant has the curb cut. I wish that they didn’t and part of me wants to say, well take it back and let Mr. White prove what it is worth, but I can’t in good conscience put the applicant who did nothing wrong through that task.”

Mitchell is represented by Tom White of Nashville.

“I do wish the applicant instead of coming to us with just a road had come to us with a project for review,” McLendon said. “I think this is one I am just going to have to grin and swallow and wish it didn’t happen.”

Later in the meeting, McLendon, himself an attorney, said, “I don’t much like the position we are in, but here are the choices; you either grant this permit or you don’t. If you don’t, the applicant has his lawyer go file a lawsuit and the only issue in the lawsuit, how much do we owe him for taking it back and I for one have had enough lawsuits where the city of Franklin is a defendant in a lawsuit where the only question is how much do we owe the plaintiff.”

An amendment by Skinner to make the approval contingent on the beginning of construction and funding for the widening of the northeast quadrant of Mack Hatcher Parkway failed.

 


 
 

City puts off Roper's Knob
Access was granted when state built Mack Hatcher
By Kevin Walters • THE TENNESSEAN • July 16, 2009

FRANKLIN — Aldermen put off on Tuesday voting on whether to allow landowner Charlie "Mickey" Mitchell connect to Cool Springs at Mack Hatcher Parkway, even though Mitchell has a deed that says he can do so.

Mitchell, who owns around 210 acres along Mack Hatcher, would build the new public road and intersection himself. When the Tennessee Department of Transportation took part of the land for Mack Hatcher in the 1980s, the deed to the property was amended to guarantee the access.

But aldermen are resisting the project over fears a new road would increase development and impact Roper's Knob hill, a historic Civil War site.

Complicating matters is the fact that aldermen have been warned by city staff that Franklin could be sued by Mitchell if they deny approving the new road.

Instead, Alderman Mike Skinner wants Mitchell to spend a month possibly re-examining the property in hopes he'll find a new entrance to his land that would not involve the Cool Springs-Mack Hatcher intersection. Aldermen voted 4-3 to defer a vote for a month.

"I think that we have not investigated all the options thoroughly enough," Skinner said.

Tom White, Mitchell's attorney, says access from any other location isn't practical for Mitchell, who owns adjacent property facing Franklin Road.

"Access from Franklin Road just makes no viable option for the property," White said.

City Administrator Eric Stuckey warned that denying the approval could expose the city to a lawsuit.

"That presents a risk to the city," Stuckey said.

"As we looked at it, you impact that parcel and that's the concern. There's no access to the land except through the Cool Spring Boulevard," he said.

Mayor John Schroer said there likely won't be any new information made available to either the city or the landowner on the matter in 30 days' time.

"I think this is putting off the inevitable," Schroer said.

But Alderman Dan Klatt, a critic of this road project, was not swayed and remained ready to vote.

"We might be sued. Who knows?" Klatt asked aldermen. "The point is the state is requiring the city to participate in this decision. Therefore we have a decision to make. We can say no — and I hope we will."


 
 

Ropers Knob road up for vote tonight
Landowner wants to connect to Cool Springs Blvd. at Mack Hatcher
By Kevin Walters • THE TENNESSEAN • July 14, 2009

FRANKLIN — The creation of a four-way intersection where Mack Hatcher Parkway meets Cool Springs Boulevard seems all but a certainty this week despite concerns from city leaders.

Charles "Mickey" Mitchell, who owns land at that intersection and about 210 acres around Roper's Knob, has a deed allowing him to build a new road extending Cool Springs Boulevard beyond the point it intersects with Mack Hatcher Parkway.

The parkway is owned by the state, and Department of Transportation planners have given their approval to his future road designs. Tonight, city aldermen could agree to make Mitchell's road a new local public road once it's completed.

"There's some argument that says that no, we don't have to agree to it," said Mayor John Schroer. "On the other hand, that's basically reverse condemnation."

That would mean Franklin must then pay Mitchell for the value of his land for not granting him access.

"We're hard-pressed not to allow it to proceed," said City Administrator Eric Stuckey.

Road would provide sole access
Creating the new road would mean demolishing a rocky portion of the bluff near it and opening Mitchell's property for new development. The acreage Mitchell owns is zoned estate residential, on which the maximum number of homes he could build would be about 100, officials estimate.

The proposed road would be Mitchell's only access to the property.

The hill, known as Roper's Knob, was a Union Army signal station during the Civil War and still has earthworks onsite. The city and the state own a portion of the Roper's Knob hill.

If aldermen don't agree to accept the road, Alderman Clyde Barnhill says he fears Mitchell would have strong grounds to file a lawsuit against the city.

"We're guaranteed another lawsuit that we're probably not going to win," Barnhill said.

Nashville attorney Tom White, who represents Mitchell, did not return a call for this story.

Schroer pointed out that constructing a road does not guarantee more development for the property, other than the residential homes allowed by the zoning.

"It is up to this board or future boards to decide what goes on this piece of property," Schroer said. "It's not up to Mickey Mitchell. It's up to us."


 
 

BOMA to wrestle tough topics Tuesday
BY MINDY TATE • EDITOR • The Williamson Herald • July 9, 2009

Following is an excerpt from full article ...

Regarding the extension of Cool Springs Boulevard Franklin Mayor John Schroer said Wednesday he personally thinks the city has to agree to work with Mitchell and TDOT to grant the access point despite the fact that the Mack Hatcher Context Sensitive Design project team was against such an access.

Mitchell has a deed signed by TDOT allowing the access to this 30-acre site which sits at the foot of the historically significant and protected Roper's Knob, used as Union signal point during the Civil War.

City Engineer Eric Gardner told aldermen on June 23 that by denying Mitchell's request, "You could have to pay for closing an access.

"The Context Sensitive Design report is not as much a binding report although we try to follow it as much as possible," Gardner told aldermen.

Mitchell owns 210 acres which wraps under Roper's Knob and goes over to Franklin Road, although he contends this property does not have access from Franklin Road.

While Schroer thinks the access will pass — and he will vote for it if there is a tie between aldermen — he said the current zoning on the property of estate/residential limits Mitchell's options and that the board would have to approve a rezoning to allow any development outside that zone.

"(Mitchell) bought it with the understanding and agreement that the state had granted him access to his property," Schroer said last month. "It is up to this board or future boards to decide what goes there.. .not Mickey Mitchell.

"A road there doesn't say to anyone that because a road is there, there is going to be development," Schroer said in June.

Mary Pearce, Heritage Foundation executive director, questioned how opening this access could affect Roper's Knob, which is now owned by the city and the state after the Heritage Foundation purchased it to protect it from development.

"I think when you approve a road being built by an individual you are giving an implicit message of development," Pearce said. "With all we have learned in 20 years, why would you let somebody build a big road?"


 
 

TDOT says Franklin will have say over road
Connection at Cool Springs Boulevard would provide access to Roper's Knob
By Kevin Walters • THE TENNESSEAN • June 14, 2009

FRANKLIN — The creation of a new public road at the Mack Hatcher Parkway/ Cool Springs Boulevard intersection will be a city decision, according to a top state transportation official.

However, a wider intersection is contrary to the plans approved by the city's Context Sensitive Design team's recommendation. Local preservationists also say that a new road could create more development that would affect Roper's Knob, a Union signal station during the Civil War.

Charles "Mickey" Mitchell, who owns land at that intersection and around Roper's Knob, wants the new road to provide access to his property at the base of the hill. TDOT has told Mitchell he cannot develop the access road that's just west of the rock face at the Cool Springs/Mack Hatcher intersection.

In a letter sent this week to Franklin Mayor John Schroer, Ed Cole, TDOT's chief of environment and planning, said that any new road must be a public road and its approval rests with city leaders.

"We view that as a local planning issue, resting solely with the city and/or county officials," Cole wrote. "Having said that . . . TDOT will require more clarification from the city of Franklin regarding your plans at this location before we proceed further with the permitting process."

Aldermen deferred a vote on a permit for the road last month so more information could be gathered. They did not discuss the project during their meeting earlier this week.


 
 

Concerns rise over Roper's Knob
Longtime owner wants road at Cool Springs Boulevard
By Kevin Walters • THE TENNESSEAN • June 8, 2009

FRANKLIN — The prospect of a new public road at the intersection of Cool Springs Boulevard and Mack Hatcher Parkway has stirred questions among Franklin leaders and put a developer at odds with local preservationists.

Developer Charles "Mickey" Mitchell, who owns land at that intersection and around Roper's Knob, can legally build a new road that would, in essence, extend Cool Springs Boulevard beyond the point it intersects with Mack Hatcher.

Mack Hatcher Parkway itself is owned by the state, where Department of Transportation officials have been working with Mitchell on these road design plans for months.

"This is more than a driveway," said B.J. Doughty, TDOT spokeswoman. "This is a new road that (the city of Franklin) would be responsible for."

But adding that road means a rocky portion of the bluff facing the road would be demolished and it might also open the Mitchell's property for new development. Some fear the road would have a negative impact on the hill, known as Roper's Knob, which was a Union Army signal station during the Civil War and still has earthworks onsite.

The city and the state own a portion of the Roper's Knob hill.

"Roper's Knob's geographical makeup is fragile," said Mary Pearce, executive director of the Heritage Foundation of Franklin and Williamson County. "If you're having to blast, that's going to be hard on Roper's Knob."

Confusion, criticism abound
This proposal is Mitchell's second one to city leaders since December. Late last year, he offered to pay for the $1.4 million estimated cost of adding the new road, but city leaders had no interest in the road project then.

Mitchell, who owns La Vergne-based grading company CBM Enterprises Inc., owns the Refuge property along Franklin Road, where he keeps farm equipment. He bought land along Roper's Knob in 1991.

He could not be reached to comment for this story.

For years, Mitchell, to the chagrin of state and city officials, has been using an unpaved access road running off Mack Hatcher to transport the equipment to his property.

Tom White, Mitchell's attorney, said TDOT leaders approached Mitchell months ago to tell him to stop using the access road because of concerns about its condition.

As an alternative, TDOT officials and Mitchell discussed building a road that would connect to the Mack Hatcher/Cool Springs intersection as an alternative to the unpaved access road.

"They're the one who suggested it," White told aldermen. "My client has concurred."

Mitchell spent $50,000-$60,000 on his road plans and had several meetings with city and state officials about the matter, White said. But TDOT planners told Mitchell that Franklin leaders must give a final sign-off to the project because the road might eventually be a public road.

Doughty said the city of Franklin must eventually make an application to TDOT for Mitchell's proposed road.

"There is a right-of-access guaranteed to this property owner, and the city of Franklin is also involved," Doughty said. "This would potentially be a new road in the city."

While in the past they seemed to be uniformly against Mitchell's proposal, aldermen want to learn more about the project and its impacts.

"We're trying to make sure that we know where TDOT stands on this," said Mayor John Schroer. "If TDOT says it's fine and it's been designed and worked right, it's their road. They ought to be able to say whether there ought to be access there or not."

Alderman Dan Klatt said he was "disappointed" in TDOT officials on this project and said he would never support Mitchell's plans.

"I don't think there's any reason that the city needs a road, wants a road or wants responsibility for a road through there," Klatt said.

Klatt voiced concerns that the new road would create new development, though White countered that any rezoning must get approval from city aldermen.

He also cited how the plan would go against the work completed by the Mack Hatcher Citizens' Design Team for conceptual design features for the existing portion of the parkway and its future extension.

Doughty said TDOT was "very cognizant" of the recommendations for the intersection.

More debate on the matter is ahead. At their May 26 meeting, aldermen voted to defer a vote until their Tuesday meeting this week.

City spokeswoman Milissa Reierson said discussion likely would be again deferred as city staff is still gathering information about the project.


 
 

Roper's Knob project raises concerns, questions

By Kevin Walters • THE TENNESSEAN • June 5, 2009

FRANKLIN — The prospects of a new public road at the intersection of Cool Springs Boulevard and the Mack Hatcher Parkway has stirred questions among Franklin leaders and put a developer at odds with local preservationists.

Developer Charles “Mickey” Mitchell, who owns land at that intersection and around Roper’s Knob, can legally extend the intersection and build a new road as part of his deed on the land.

The Mack Hatcher Parkway itself is owned by the state, where Department of Transportation officials have been working with Mitchell on these road design plans for months.

 “This is more than a driveway,” said B.J. Doughty, TDOT spokeswoman. “This is a new road that (the city of Franklin) would be responsible for.”

But adding that road means a portion of the bluff facing the road would be demolished to make way for the intersection which might also open the property for new development. Some fear the road’s impact on the hill known as Roper's Knob, which was a Union Army signal station during the Civil War and still has earthworks onsite.

The city and the state of Tennessee each own a portion of the Roper's Knob hill.

“Roper’s Knob geographical makeup is fragile,” said Mary Pearce, executive director of the Heritage Foundation of Franklin and Williamson County. “If you’re having to blast, that’s going to be hard on Roper’s Knob.”

Aldermen are slated to discuss the matter at their 5 p.m. meeting Tuesday though city spokeswoman Milissa Reierson said discussion will likely be deferred again so staff can gather more information.

 

 
     
     
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