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Board approves rezoning for 1.75‑acre Goodman Road parcel; applicant says fireworks sales will be seasonal
Summary
The Olive Branch board rezoned a 1.75‑acre parcel from AR to C2, a designation that allows highway‑oriented commercial uses including fireworks sales by right. The applicant said sales would be seasonal tent operations; city counsel said the comp plan supports the public‑need finding and cuts against a spot‑zoning claim.
The Board of Alba approved a rezoning on Nov. 18 to change a 1.75‑acre parcel on the south side of Goodman Road from AR (Agricultural‑Residential) to C2 (Highway Commercial), a zoning category that permits a range of commercial uses, including fireworks sales when those uses are listed as permitted in the district.
Planning staff (Dr. Song) told the board the future land use map designates the site as a commercial corridor and that the planning commission recommended approval, finding that the area has transitioned from agricultural uses to highway commercial over the last 25–30 years. The staff presentation noted the applicant’s stated intention to use the site for seasonal fireworks sales; staff emphasized the rezoning request is to a conventional district that allows many uses by right.
A board member asked whether rezoning to C2 would permit a fireworks stand in perpetuity and whether granting C2 in order to enable fireworks sales would amount to impermissible spot zoning. The city’s legal representative replied that rezoning to a conventional district with multiple permitted uses is not a spot zone and that the comp plan recommendation is "the best evidence of public need" to justify the rezoning.
Applicant Lanny Funderburk, who identified himself as the property owner’s representative, said the anticipated fireworks operation would be temporary and seasonal: "It's just seasonal business for them," he said, describing tent‑based sales around holidays rather than a permanent structure.
The board moved and seconded approval of the rezoning and the associated subdivision/plat as presented; the motion carried. The transcript records the board’s approval but does not provide a detailed roll‑call tally in the record provided.
