Owner seeks to rezone Fox Creek open-space parcel back to agricultural after developer declines to buy it

A property owner told the Gallatin Municipal Planning Commission she is requesting a rezoning of about 15 acres along Long Hollow Pike from residential back to agricultural residential so she can use the land for horses and build a house; the request would remove that acreage from the Fox Creek master development open-space calculation.

Kimberly Atley, staff planner, said the 15 acres include a large portion of the open-space amenities designated for phase 4 of Fox Creek and that if the parcel is rezoned to agricultural the overall development would fall short of the zoning ordinance’s 28% open-space requirement. Atley told the commission the developer would likely need to amend its final master development plan if the open-space acreage is removed.

Keith Denon, an attorney representing the property owner, said the developer declined to purchase his client’s property and the owner now wishes to use the back parcel for horses and a single dwelling. Denon said the developer initially indicated interest but later “declined to purchase that property,” leaving the owner with land that remains designated open space for another party’s development. The planning commission discussed options and staff urged the owner and developer to negotiate a solution before pursuing rezoning; the commission will forward the item to city council with feedback.