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Gordon County refers commercial rezoning for 199 Cooper Road back to planning commission

Gordon County Board of Commissioners · December 18, 2024
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Summary

After hearing applicant testimony and departmental concerns, the Board of Commissioners voted unanimously to send rezoning application RZ2024-029 (199 Cooper Road SE) back to the planning commission for further review of setback and variance issues.

The Gordon County Board of Commissioners voted unanimously on Dec. 17 to refer rezoning application RZ2024-029, which would reclassify 199 Cooper Road SE (Gordon County parcel 068-101) from agricultural to general commercial, back to the planning commission for further review.

Staff presented the application and told the board planning staff recommended approval while the zoning administrator recommended denial because the parcel sits amid residential lots and does not meet minimum parcel-size and setback requirements. Planning staff notes and the planning commission record show a variance was granted on Dec. 9 that reduced the 20-acre minimum, but board members raised outstanding questions about additional setback variances and related conditions that must be resolved before final action.

Attorney Terry Rumlow, representing the applicants, urged the board to start the rezoning “one step” so the owners could work through state and county conditions. “We’re asking that you do that one step, approve the zoning,” Rumlow said. Applicant Stacy Lane described running monthly barrel races and occasional rodeos and said they hire police officers for security and rent portable toilets; she told the board the largest events draw about 300 people.

County building inspections and planning staff raised several technical concerns. Aaron Brown of Building Inspections said the site currently sits roughly 28 feet from neighboring property lines where much larger setbacks are required and said the property is about eight acres — well short of the 20-acre minimum for commercial riding stables without a variance. Brown added the office had not received special-event permits for previously held events and cited parking and road-width deficiencies that would have to be addressed for an assembly occupancy.

Board members and staff also examined assessor maps and discussed excluding a small parcel that contains a residence from any commercial rezoning to avoid rendering an occupied home nonconforming. Because questions remain about which variances the planning commission actually addressed, a commissioner moved to revert the matter back to the planning commission for a closer look at setback and variance issues; the motion was seconded and carried on a unanimous roll call.

Next steps: the planning commission will revisit the record and any outstanding variance requests and return a clarified recommendation to the board. The board did not approve the rezoning; no final zone change was adopted at this meeting.