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Boone County commissioners deny rezoning request for R.L. Turner site on State Road 39
Summary
After public comment and attorney presentations, the Boone County Board of Commissioners voted to deny an application to rezone 8.75 acres along State Road 39 from agricultural to I-1 (light industrial) for an R.L. Turner contractors office and warehouse.
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The Boone County Board of Commissioners voted Thursday to deny a request to rezone about 8.75 acres on State Road 39 South from agricultural to I-1 (light industrial) for a proposed two‑story office building and attached warehouse for R.L. Turner.
Ken Franzen, an attorney with the firm Carl Ritchie representing the petitioner, summarized the proposal and described voluntary commitments the Turners offered to limit impacts. “They will only use the 8.75 acres they own, not the 5 acres to the north,” Franzen said, adding the petitioner would prohibit exterior storage, limit signage to a non‑illuminated roadside monument sign and accept buffering and landscaping requirements to be recorded to run with the land.
Commissioners and residents said neighborhood impacts and consistency with the county comprehensive plan weighed heavily. Nancy Allen, a nearby resident who led a written petition opposing the rezoning, cited plan language favoring preservation of large blocks of farmland and said the request amounted to “spot zoning.”
The application had a negative recommendation from the Boone County Area Planning Commission (APC), which Franzen said voted against the rezoning by 5‑to‑1. Commissioners discussed whether the rezoning and the county’s overlay district process constituted the proper vehicle to address contractor uses along highways and whether the comprehensive‑plan update underway should be the forum to consider broader ordinance changes.
Commissioners debated procedure as well as substance. One board member said the applicant could still pursue a special exception with the Board of Zoning Appeals under the State Road 39 overlay even if commissioners approved rezoning. Another commissioner noted a 12‑month hold period would apply if the petition were denied and offered the petitioner time to withdraw rather than force a decision.
After discussion, a commissioner moved to deny the rezoning. The motion was seconded and carried by voice vote.
The board’s action denies the requested change of zoning; no further county approvals were recorded at the meeting for this parcel. Several residents who spoke during the hearing urged commissioners to steer industrial and light‑industrial uses toward existing industrial corridors, and to preserve farmland and residential character in Center Township.
The petitioners’ attorney and county staff did not announce any immediate follow‑up steps at the meeting. The zoning record will include the APC recommendation and the commissioners’ denial; the petitioner may pursue other administrative relief or choose to market the property under existing zoning.

