Wagoner County commissioners deny rezoning and subdivision request for Coweta property

WAGONER COUNTY, Okla. — The Wagoner County Board of Commissioners voted to deny a request to rezone and subdivide a 6.41-acre tract near Highway 51 in Coweta on Tuesday, turning down an application that would have split the parcel and rezoned the southern portion to C-4 commercial for a proposed small self-storage and commercial warehouse.

The applicant, Dustin Conger, told commissioners he purchased the property in January 2022 and said he was not informed that a rezoning had occurred shortly before he contracted to buy the land. He asked the board to move his appeal to a board of adjustment hearing or otherwise reconsider the planning commission27s denial. "I wasn't told this thing was zoned residential," Conger said, describing what he called a hardship tied to an intensity analysis and to disclosure at the time of sale.

County planning staff reported that the planning commission had recommended denial, finding the requested C-4 classification incompatible with the county27s comprehensive plan. Several neighbors and property owners urged the board to uphold the planning commission's recommendation, citing the primarily residential character of the surrounding square mile, flooding on the access road and the broad range of uses allowed in the C-4 district.

"The assessor's website has absolutely nothing to do with zoning," Wagoner County Assessor Sandy Hodges told the board, clarifying that assessor classifications reflect use for taxation and are not a record of zoning. Julie McIntosh, identifying herself in the meeting transcript as "Senate District 3," told the board she had reviewed closing documents and county records and found no disclosure of a rezoning to the buyer; she also advised Conger of appeal options.

A nearby property owner who spoke at length argued the change would alter the area27s character and noted that C-4 permits many commercial uses. "Just because the applicant tells you that he intends to put in storage units doesn't mean that that will end up being the case or that will always be the case," the neighbor said while urging the board to affirm the planning commission's recommendation.

Commissioner Tim made a motion to deny the rezoning and subdivision request; Randy seconded. In a roll call the board voted in favor of denial. The record shows Commissioners Stamps, Kelly and Haney voting "aye." The planning commission27s denial therefore stood and the zoning map amendment and tied subdivision application were denied by the board.

Why it matters: The decision preserves the existing residential/supporting-agricultural zoning pattern in that neighborhood as interpreted by county planning staff and the planning commission. The applicant said he intends to split roughly 2.51 acres for commercial use and leave the remainder residential; opponents and staff argued that the comprehensive plan designates the tract as incompatible with C-4.

Next steps and appeals: The applicant and others discussed appeal options during the hearing. Planning staff said the planning commission is a recommending body and appeals of planning commission recommendations are heard by the board of county commissioners. The record includes the applicant's statement that he may pursue further appeal or seek additional clarification of the planning commission's denial.

Votes at a glance (this item): Motion to deny zoning map amendment & subdivision (ZNE-43-2025 / S U V D-44-2025) Motion: deny rezoning/subdivision (text on record) Mover: Tim (recorded in meeting as Tim) Second: Randy (recorded in meeting as Randy) Vote: Commissioners Stamps, Kelly and Haney recorded as voting "aye." Outcome: Approved (denial of applicant's request).

Source: Board hearing and public comment recorded at the September 2, 2025 Wagoner County Board of Commissioners meeting.