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Commission approves rezoning of Huntsville Highway parcel, adopts six‑month reapplication rule and fills zoning board seat

5393193 · July 16, 2025
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Summary

The Lincoln County Board of Commissioners voted 14–6 to rezone 3035 Huntsville Highway from A-2 to C-1, adopted a zoning code change establishing a six-month wait before a denied rezoning may be reapplied, appointed Tony Colwell to the Zoning Appeals Board and accepted a resignation from that board.

Lincoln County commissioners on July 15 approved a rezoning request for a property on Huntsville Highway, adopted a new county rule limiting how soon a denied rezoning can be refiled, and appointed a member to the county zoning appeals board.

The most immediate action was approval of rezoning file 2025‑R3 for 3035 Huntsville Highway (Tax Map 139, Parcel 28). Planning staff described the request as "to rezone from a 2 to c 1. The address is 3035 Huntsville Highway, Tax Map 139 Parcel 28," and said the property owner, Michael (Hixson/Hixson spelled in packet), currently lives on the 1.5‑acre parcel. Planning staff told the commission that if the parcel is rezoned to commercial the owner may continue to reside there now but that the property would not be eligible as a residence after the occupant moves.

The motion to change the parcel's zoning carried on roll call: 14 in favor, 6 opposed, 4 absent. The commission clerk recorded votes during the roll call.

On a separate planning item the commission considered Planning Commission file ZR2025‑2, a proposed amendment to the county zoning rules that would prevent an applicant whose rezoning application was denied from reapplying for the same zoning for six months, with three exceptions: if the commission or planning commission requests reconsideration; if the applicant requests a different zoning classification; or if an adopted growth or land‑use plan changes the parcel's status. Staff said the Tennessee County Services/CTAS guidance recommended a six‑month interval.

After debate and questions from several commissioners, the commission approved the amendment. The roll call on the adoption showed two commissioners voting to withhold adoption and 19 commissioners voting to adopt the six‑month rule; three were absent. The commission clerk recorded the roll call and announced that the amendment "will be adopted" following the vote.

Also on the agenda the commission appointed Tony Colwell to fill the unexpired term on the Zoning Appeals Board (term to expire January 2030). The appointment was approved unanimously. The commission also accepted the resignation of Commissioner David Sanders from the Zoning Appeals Board; the acceptance was unanimous and the mayor said staff will circulate bios for two additional candidates (Waylon Young and Jim Hammonds) for a future appointment.

Why it matters: the rezoning changes the allowable land uses immediately for that parcel and the six‑month rule changes the process for applicants countywide, limiting repetitive filings and giving the planning process more predictability.

Details and context: planning staff reported that the parcel is about 1.5 acres, within roughly a mile of the county's urban growth boundary, has public water and sewer available and lies in an ISO 6 fire protection rating zone; staff also noted several nearby parcels are commercially used or commercially taxed despite being zoned A‑2. The ZR2025‑2 amendment was presented as a countywide procedural change; staff said it was modeled on provisions used in other Tennessee counties and on CTAS guidance.

Actions taken: the commission 1) approved rezoning file 2025‑R3 (A‑2 to C‑1) for 3035 Huntsville Highway (outcome: approved; tally 14 yes, 6 no, 4 absent), 2) adopted zoning resolution ZR2025‑2 establishing a six‑month waiting period before reapplying after a denied rezoning (outcome: adopted; roll call recorded as 19 in favor, 2 opposed, 3 absent), 3) appointed Tony Colwell to the Zoning Appeals Board (outcome: approved unanimously), and 4) accepted Commissioner David Sanders' resignation from the Zoning Appeals Board (outcome: accepted unanimously).

Speakers at the commission meeting framed the changes as procedural: planning staff explained the parcel details and the proposed rule change; several commissioners asked for clarifications about exceptions and timing; one commissioner asked the planning commission members to educate the full board further on the amendment's intent and scope.

What’s next: staff will update the zoning records to reflect the rezoning approval and the newly adopted six‑month waiting period; the county will schedule the remaining Zoning Appeals Board appointments at a future meeting.