Beruflich Dokumente
Kultur Dokumente
2. On December 13, 2016, Carl Allen prepared a memorandum to the Madison County Board
of Supervisors regarding the Mac Haik dealership signage.2
1
See Exhibit 1, attached hereto and incorporated herein by reference.
2
See Exhibit 13, attached hereto and incorporated herein by reference, with its exhibits.
1
Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 2 of 11
3. On December 19, 2016, Carl Allen and others brought before the Board the Mac Haik
dealership signage request.3
4. Following the presentation to the board on the Mac Haik dealership signage, the Board
ordered that Mac Haik go back before the Planning and Zoning Commission with regard to its
ground site signage.4
5. On or about January 1, 2017, CANTON MAC HAIK CDJR LTD AND MH CANTON
CDJR REALTY LTD A/K/A MAC HAIK ENTERPRISES d/b/a Mac Haik Dodge Chrysler Jeep
Ram (Mac Haik CDJR) submitted an Application for Variance to the Madison County Planning
and Zoning Commission (Planning and Zoning Commission), pursuant to Section 2604 of the
Madison County Zoning Ordinance.5
6. Mac Haik CDJR is presently zoned C-2 and located in Madison County at the following
location:
A certain tract of land containing 112.0 square feet, more or less, situated in the
Northeast Quarter of the Northwest Quarter of Section 21, Township 8 North,
Range 2 East, Madison County, Mississippi, and being more particularly described
as follows:
Thence South 771243 East for 14.00 feet, more or less, to a point; thence
South 124714 West for 8.00 feet, more or less, to a point; thence North
771243 West for 14.00 feet, more or less, to a point; thence North 124717
East for 8.00 feet, more or less, to the Point of Beginning.
Note: The above description is not based on actual on the ground survey and is
based on information supplied by others.6
3
See Exhibits 15 and 16, attached hereto and incorporated herein by reference. Exhibit 15 is a CD that contains
excerpts from the December 9, 2016, Board of Supervisors meeting that relates to the Mac Haik dealership signage.
Exhibit 16 is a CD that contains the entire Board of Supervisors meeting.
The video is published online at
http://www.madison-co.com/elected-offices/board-of-
supervisors/archives2/?search_type=date&search_term=12/19/2016
4
Id.
5
See Exhibit 2, attached hereto and incorporated herein by reference.
6
Id.
2
Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 3 of 11
7. In its January 1, 2017 Application for Variance, Mac Haik CDJR applied for ground site
signage for signs I and J, one for its entrance and one for offsite, each being 41.16 square feet.7
During the submission and re-submission of its signs for approval, Mac Haik CDJR
reduced all of its request in the following ways:
A. Its original request for its building sign was 539.62 square feet, and the final size is
498.03 square feet;
B. Its original request for ground signage was 278.52 square feet, and the final size is
184.73 square feet;
C. Its original request for pole signs was 35 feet tall on the Interstate side and 20 feet on
the Autobahn side, and the final heights are 30 feet on Interstate side and an 8 feet tall
ground mounted sign on the Autobahn side; and
D. Its original request for a flag pole was 120 feet tall with a 1800 square foot flag, and
the final flag pole is 80 feet tall with a 15x25 flag (375 square feet).8
9. Mac Haik Chevrolet is presently zoned C-2 and located in Madison County at the following
location:
A certain tract of land containing 112.0 square feet, more or less, situated in the
Southeast Quarter of the Northwest Quarter of Section 21, Township 8 North,
Range 2 East, Madison County, Mississippi, and being more particularly described
as follows:
Thence South 650447 East for 14.00 feet, more or less, to a point; thence
South 245513 West for 8.00 feet, more or less, to a point; thence North
650447 West for 14.00 feet, more or less, to a point; thence North 245513
East for 8.00 feet, more or less, to the Point of Beginning.
Note: The above description is not based on actual on the ground survey and is
based on information supplied by others.10
7
Id.
8
Id.
9
See Exhibit 3, attached hereto and incorporated herein by reference.
10
Id.
3
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10. In its January 1, 2017 Application for Variance, Mac Haik Chevrolet applied for ground
site signage for signs F and G, one for its entrance and one for offsite, each being 40.11 square
feet.11
During the submission and re-submission of its signs for approval, Mac Haik Chevrolet
reduced all of its request in the following ways:
A. Its original request for building signage was 317.28 square feet, and the final size
is 317.38 square feet;
B. Its original request for ground signage was 241.78 square feet, and the final size is
155.33 square feet;
C. Its original request for pole signs was 35 feet tall on the Interstate side and 28 feet
on the Autobahn side, and the final heights are 31 feet on the Interstate side and an 8 feet
tall ground mounted sign on the Autobahn side;
D. Its original request for a flag pole was 120 feet tall with a 1800 square foot flag,
and the final flag pole is 80 feet tall with a 15x25 flag (375 square feet).12
11. Mac Haik Chevrolet and Mac Haik CDJR were advised to re-appear before the Planning
and Zoning Commission, and on February 9, 2017, the Planning and Zoning Commission
conducted a hearing on these Applications, among other items.13
12. The Planning and Zoning Commission found, in a 5-0 vote as follows:
There next came on for consideration the petition of Mac Haik Chevrolet for variances for
an entrance sign on Autobahn Loop and directional sign on Calhoun Station Pkwy. Allen
Grant was present on behalf of the Petition. Mr. Haik was also present. Mr. Grant explained
the background of the project and various requests leading up to the current requests. He
acknowledged that they had been able to reduce signs already approved and the building
signs ended up being 30 feet instead of 40 feet, and the flag pole 80 feet in height instead
of 120 feet with a 16X35 flag. They are currently present requesting an entrance sign on
Autobahn Loop and a ground mounted directional sign off Calhoun Station Pkwy. They
are requesting the directional sign to help direct traffic to the dealership due to the location
of the businesses. They have obtained a lease on the other party's land for these directional
signs on Calhoun Station Pkwy. Commissioner McKay inquired regarding the sign height
and they agreed to make the sign a total of eight (8) feet in height. Commissioner McKay
also wanted to make sure that the sign does not block visibility in any way and they agreed
to send the plan to the County Engineer for review prior to Board of Supervisor
consideration to insure (sic) that the sign complies with the sign ordinances. He also wanted
11
Id.
12
Id.
13
See Exhibit 14, attached hereto, the Planning and Zoning Commissions 2/9/17 Minutes.
4
Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 5 of 11
to make sure that the sign was internally illuminated and not outward facing, to which
petitioner also agreed.
***
Upon Motion by Commissioner Miller to approve the variance for the entrance sign on
Autobahn Loop to be limited to 8 feet in size, seconded by Commissioner Howard, with
all voting "aye" the motion to approve the variance passed. Upon Motion by Commissioner
McKay to approve the directional sign on Calhoun Station Parkway conditional upon the
sign being 8 feet or less in height, approved by the County Engineer as to appropriate sight
distance, and that a landscaping plan is also presented to the
Board with the request, seconded by Commissioner Brown, with all voting "aye," the
motion to approve the variance passed.
The same variances were presented next as to Mac Haik CDJR which will be adjacent to
the Chevrolet dealership. Having already discussed the issues at length, the Commission
entertained a motion. Upon Motion by Commissioner Miller to approve the variance for
the entrance sign on Autobahn Loop to be limited to 8 feet in size, seconded by
Commissioner Howard, with all voting "aye" the motion to approve the variance passed.
Upon Motion by Commissioner Miller to approve the directional sign on Calhoun Station
Parkway conditional upon the sign being 8 feet or less in height, approved by the County
Engineer as to appropriate sight distance, and that a landscaping plan is also presented to
the Board with the request, seconded by Commissioner Howard, with all voting "aye," the
motion to approve the variance passed.14
13. In other words, Planning and Zoning Commission approved both Applications with
a 5-0 vote.15
15. At the March 6, 2017 Board of Supervisors meeting, Mr. Allen advised the Board
of Supervisors as follows:16
A. Mac Haik CDJR and Mac Haik Chevrolet are currently being constructed.
14
See Exhibit 4, attached hereto and incorporated herein by reference.
15
Id.
16
See Exhibits 5 and 6 attached hereto and incorporated herein by reference. Exhibit 5 is a CD that contains
excerpts from the March 6, 2017 Board of Supervisors meeting. Exhibit 6 is a CD that contains the entire Board of
Supervisors meeting.
The video is published online at
http://www.madison-co.com/elected-offices/board-of-
supervisors/archives2/?search_type=date&search_term=3/6/2017.
5
Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 6 of 11
B. The signage issue related to these entities was brought up in a December 19,
meeting of the Board of Supervisors, and was sent back to the Planning and
Zoning Commission for review.17
C. As proposed by the Applications, each of the dealerships would have one sign
on the back side of the office park on Autobahn Loop.
D. The other two signs that were requested by the Applications are off premises
signs which front Calhoun Parkway. The location for these signs was
represented by being done under a ground lease.
E. The Planning and Zoning Commission recommended that these signs be
approved.
F. The sign ordinance does not specifically address off premises signs, but the
ordinance does empower the Board of Supervisors to grant specific requests for
signage that is not found in the sign ordinance.
G. The proposed off premises signs are behind the right of way on Calhoun
Parkway and there are ground leases set aside for those signs.
H. The Planning and Zoning Commission found these to be sign variances, and the
dealerships agreed to bring the height of the signs down to 8 feet.
I. The dealerships likewise voluntarily agreed to bring the flag height down to
eighty (80) feet (the flags are not at issue).
16. At the March 6, 2017 Board of Supervisors meeting, Mr. Alan Grant of Dean and Dean
Associates/Architects, on behalf of the dealerships, advised the Board as follows:18
A. The signs at issue on Autobahn Loop would be an eight (8) foot maximum.
B. There are currently no trees in this area.
C. There are currently two (2) car lots fronting on Calhoun Parkway in between
the dealerships and Autobahn, and two (2) more have been proposed.
D. Mac Haik CDJR and Mac Haik Chevrolets concerns are that there is no
Frontage Road access, as well as safety concerns due to a large curve on
Calhoun Parkway, people trying to make a U-turn at the light if they pass the
dealerships, seeing the dealerships once on Calhoun Parkway and access to the
dealerships.
E. The other signs and the flag granted to Mac Haik CDJR and Mac Haik
Chevrolet are on the Interstate side.
F. The signs are ground mounted eight (8) foot monument signs.
17. On March 6, 2017, the Board of Supervisors denied Mac Haik CDJR and Mac Haik
Chevrolets Applications for Variance19 as to the portions of the Applications that requested offsite
monument signs.20
17
See, Exhibit 10, attached hereto and incorporated herein by reference.
18
Id.
19
See Exhibits 2 and 3.
20
See Exhibits 5 and 6
6
Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 7 of 11
18. Mac Haik CDJR and Mac Haik Chevrolet were aggrieved by the action of the Board of
Supervisors in their denial of their Applications for Variance and on March 15, 2017, appealed the
March 6, 2017, Board of Supervisors decision and denial to the Circuit Court of Madison County,
Mississippi.
19. In their March 15, 2017 filing, pursuant to Mississippi Code Annotated 11-7-211, Mac
Haik CDJR and Mac Haik Chevrolet reserved the right to amend their original Bill of Exceptions
for the purpose of curing omissions, defects, or inaccuracies and to include the Minutes of the
March 6, 2017 meeting of the Madison County Board of Supervisors, which minutes embody the
denials from which this appeal is taken, and which minutes had not yet been approved or otherwise
made available to Appellants for inclusion in their Bill of Exceptions.
20. These Minutes were approved and executed by the President of the Madison County Board
of Supervisors on March 20, 2017. These Minutes were incorporated prospectively in the first Bill
of Exceptions filed by the Appellants.
21. In their Bill of Exceptions, which was attached to their original Notice of Appeal, as Exhibit
A, the Appellants specifically reserved, pursuant to Miss. Code Ann. 11-7-211, their right to
amend the Bill of Exceptions to include these Minutes and/or cure any other omissions, defects or
inaccuracies.
22. Pursuant to Miss. Code Ann. 11-7-211, on March 23, 2017, counsel for the Appellants
gave counsel for the Madison County Board of Supervisors notice that they intended to amend
their Bill of Exceptions. Counsel for the Board has verbally acknowledged receipt of same to the
undersigneds office.
23. Further, on April 26, 2017, Katie Snell, the attorney for the Board of Supervisors advised
the undersigneds office that it was not necessary for the President of the Board, to sign the Second
Amended Bill of Exceptions, and that she would accept on behalf of Madison County.21
24. This Second Amended Bill of Exceptions correctly sets forth the facts, judgment and
decisions of the Board of Supervisors, and the record of all exhibits entered in this case is hereby
incorporated by reference and made a part of this Second Amended Bill of Exceptions, as set forth
herein above.
25. Those matters made exhibits hereto and incorporated fully be reference are as follows:
Exhibit 1 Mac Haik Enterprises September 30, 2016 letter to the Madison
County Board of Supervisors;
21
See Exhibit 12, attached hereto and incorporated by reference.
7
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22
This exhibit is being filed conventionally with the Court.
23
This exhibit is being filed conventionally with the Court.
8
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27. The record of all proceedings done and all exhibits entered in this matter is hereby
incorporated and made a part of this Second Amended Bill of Exceptions as if copied herein in
full in words and figures. The record of all proceedings done and all exhibits entered in this case,
to the extent not already affixed hereto and incorporated by reference, will be attached to this
Second Amended Bill of Exceptions when that record is provided by the Chancery Clerk of
Madison County, Mississippi; the Planning and Zoning Commission of Madison County,
Mississippi; or by other appropriate officials of Madison County, Mississippi.
24
This exhibit is being filed conventionally with the Court.
25
This exhibit is being filed conventionally with the Court.
9
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10
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CERTIFICATE OF SERVICE
I, J. Lawson Hester, attorney of record for CANTON MAC HAIK CDJR LTD AND MH
CANTON CDJR REALTY LTD A/K/A MAC HAIK ENTERPRISES d/b/a Mac Haik Dodge
Chrysler Jeep Ram and MADISON MAC HAIK CHEVROLET LTD AND MH MADISON
REALTY LTD A/K/A MAC HAIK ENTERPRISES d/b/a Mac Haik Chevrolet do hereby certify
that I have this day caused to be sent MEC, a true and correct copy of the above and foregoing
document to the following:
4825-6027-7575, v. 1
11
Case: 45CI1:17-cv-00050-c Document #: 20-1 Filed: 05/05/2017 Page 1 of 2
Dear Sirs,
Mac Haik Enterprises is currently under construction on a new Chrysler Dodge Jeep Ram car
dealership, and a new Chevrolet car dealership on the sites depicted in the attached package.
As we understand, the Madison County Zoning Ordinance has specific requirements and
limitations as it pertains to signage on new buildings and sites. We respectfully request a Signage
Variance to allow our dealerships to display appropriate and representative signage for the
brands we sell as well as display appropriate and representative directional and locational
signage for our dealerships of which is outlined and detailed in the attached package.
Please understand that our Corporate Franchisor's require, nationally and internationally,
consistent signage to represent their product branding.
We respectfully thank you for your consideration of our request.
Regards,
11757 KATY FREEWAY SUITE 1500 HOUSTON, TEXAS 77079 (281) 496-7788 FAX: (281) 596-6444
WWW.MACHAIKENTERPRISES.COM
Exhibit 1
Case: 45CI1:17-cv-00050-c Document #: 20-1 Filed: 05/05/2017 Page 2 of 2