Commissioners approve R-20 rezoning for Cunningham property after debate over farm buffers and road capacity

The Fairview Board of Commissioners voted 4-1 on Sept. 4 to rezone three parcels totaling roughly 53.162 acres south of Old Cox Pike and west of Pinecrest Court from RS-40 to R-20 (single-family, 20,000-square-foot minimum lots). The applicant, Marlon Cunningham, said the preliminary sketch anticipates about 70–75 lots and that the project is planned in two phases; the rezoning request drew extended discussion from commissioners and planning staff.

Planning staff recommended approval, saying the request aligns with the city’s 2040 comprehensive plan designation of “new residential medium” and noting that the property’s topography and encumbrances make R-20 a reasonable fit. The planning commission recommended denial; staff and the applicant discussed alternatives including conservation subdivisions and PUDs during prior review.

Commissioner concerns focused on three topics: protecting adjacent farmland and existing rural character, road capacity and safety on Dice Lampelly/Cox Pike, and sewer infrastructure. Commissioners raised that the parcel borders Bowie Park and several farm properties; one commissioner said the existing farm’s active livestock influenced her thinking: “those cows are there and that really matters to me,” she said, urging caution about approving higher-density lots on the city edge.

The applicant and his representative said sewer improvements tied to the project — including a larger pump station — would relieve grinder-pump issues in the neighboring Pinecrest subdivision and improve area infrastructure. The applicant committed to maintaining buffer plantings and some existing trees along the property line near Pinecrest.

Commissioner Roberts and Commissioner Buffalini voted no on the separate RS-8 Boone Street rezoning earlier in the meeting; for the Cunningham R-20 item the final roll call was Mayor Anderson — yes; Vice Mayor McDonald — yes; Commissioner Hall — yes; Commissioner Buffalini — aye (the meeting recorded the final tally as 4-1); Commissioner Roberts — no. The motion passed, and the rezoning will proceed under the city’s ordinance process.

Board members said they weighed the trade-offs between preserving existing rural parcels and accommodating housing that staff described as meeting the city’s medium-density future land-use category. One commissioner said R-20 provides a balance of growth and larger lot sizes that had been requested by members of the public at prior meetings.

The applicant said two phases were expected and that Old South Properties is a likely buyer for at least part of the development. Staff noted that, under the city’s pending zoning-code updates, PUDs will be less favored and that straightforward R-20 zoning better maintains larger typical lot sizes than an R-20 with PUD alternative.