Turner Wants Barn Zoned Commercial

The Eagleville Planning Commission received an inquiry at its last meeting about rezoning a 5 or 6-acre parcel of residential land to commercial, but the city planner has warned that the action could be spot zoning which is not allowed.

Planning commissioners discussed the inquiry brought by longtime resident Lanny Turner at their Feb. 4 meeting even though the item was not on the agenda.

Turner told commissioners he wants his barn and five or so surrounding acres to be rezoned commercial so he can rent spaces in the barn for storage. He also said he wants the zoning changed to avoid someone putting a feed lot on the parcel if he sells the property.

"That would be a stinking mess, and these folks wouldn’t want that for sure," he said.

The barn sits behind the former Turner family home, which Lanny Turner has sold along with five acres. The former Turner family home is at 597 Allisona Road.

The property and barn that Turner is requesting to be rezoned to commercial sits amidst homes. The property is currently zoned R-2 for medium density residential, which allows single family homes, duplexes and incidental occupations in a home. No accessory building is permitted to be used for a home occupation.

City Planner Bo Logan said a C-2 (general commercial district) would allow the storage use that Turner has requested, but the city would need to consider what is around the property before rezoning it to avoid creating an issue of spot zoning.

"If you put a piece of property in the middle of all these houses and rezone it commercial, that is classic spot zoning," Logan said. "The intent of the (zoning) ordinance is to keep like groupings together, and that is the whole purpose of zoning."

Bobby Turner, who is vice chairman of the planning commission and is Lanny Turner’s son, asked if the property’s previous dairy use would have been a commercial use. Logan responded that dairying is an agricultural use according to the city’s zoning ordinance.

No other planning commissioners addressed the issue of the possibility of the proposed rezoning being spot zoning.

Planning commissioners did discuss at length right of way options to the barn and property because the 5 or so acre parcel as described by Turner would have no frontage on Allisona Road.

One option discussed was having an easement through the remainder of Turner’s property to access the barn and 5 acres. Logan pointed out, however, that a property zoned for commercial use must have at least 50 feet of actual frontage on a public road.

According to Eagleville’s zoning ordinance, "all new commercial lots shall front on either arterial or collector roads."

Turner said the main reason he was at the planning commission meeting was that he had already rented a spot in the barn.

"I said I would go on to the planning commission and I’ll get it right," he said. "So I am here tonight to let you all know about it before someone else calls and tells you anything."

Mayor Nolan Barham, who is also a planning commission member, said commissioners "cannot even approach (the request) until after it is surveyed and brought in."

Logan responded that from the standpoint of the owner, he would not advise "sinking a lot of money" into a survey or a plat if it was not likely that the rezoning was going to go through.

"You all just tell me what I need to do, because it is not going to sit there empty and not do anything with it," Turner said. "I pay enough city taxes and county taxes, and I am going to get something out of it."

Lanny Turner pointed out that the decision on the rezoning will be up to the "zoning board" and said he plans to go ahead with the survey and then let the planning commissioners decide the matter.

Councilman and planning commissioner Harold Vincion and Barham said, "Let’s get it surveyed."

Bobby Turner noted that signs would have to be in place and a notice put in the paper about the issue.

The city’s zoning ordinance requires an application to be filed by or on behalf of the owner of the property to initiate a proposed zoning change. Among other items, the application must contain the names and addresses of adjacent property owners, including those across the street.

Also a description of the proposed zone change and justifications for the zoning change request must be included as well as the location, size, type and current use of any buildings requested for rezoning.

And the applicant must pay a fee for a notification sign that is to be placed on the property 14 days prior to the consideration of the planning commission. The sign is to stay in place until action by the city council.

The C-2 zone that was discussed for Turner’s five or so acres and barn allows such uses as the sale of building materials, farm equipment and lawn and garden supplies, convenience stores, health care facilities, veterinarian clinics, pool halls and bowling alleys, funeral and cemetery services, automotive services, repairs and sale of gas, oil, tires and other automobile related goods.

The C-2 zone also allows sale or rental of automobiles, boats, motorcycles and other motorized vehicles, boarding and rooming houses, signs and billboards and other uses.

As for "spot zoning," courts have defined the term as the "process of singling out a small parcel of land for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property, and to the detriment of other owners."

Generally, courts have found that ordinances that adopt spot zoning are invalid, in part, "because they do not bear a substantial relationship to the public health, safety, morals and general welfare" of an entity.

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