Panel splits on Vogler rezoning: approves rear acreage for A-1, denies road-front parcel

The Henry County Planning Commission on May 13 split its recommendation on a request by Noah and Heather Vogler to rezone about 4.662 acres at 2063 Bassett Heights Road from Suburban Residential District S-R to Agricultural District A-1.

Noah and Heather Vogler told the commission they operate a plant nursery on agriculturally zoned property and want additional acreage to grow trees for customer visits and to create pasture for milk cows. Planning staff noted that agricultural zoning permits a wide range of farm uses and warned that rezoning cannot be used to limit what agricultural activities occur. Lee Clark, Director of Planning, Zoning and Inspection, stated that “once a piece of property is rezoned to agricultural, you cannot restrict what agricultural uses take place on the property.”

A neighbor, Damien Tozar, submitted a letter of opposition and spoke at the hearing raising concerns about animals escaping from the property. The Voglers said their intention was to place trees and customer activity nearer the house and house-adjacent frontage while locating animals on the rear parcels.

Commissioner Stuart Bowman moved to deny the rezoning request for the road-front parcel (Tax Map 15.6/325) based on neighbor objection and to approve rezoning of the rear parcels (Tax Map 15.6(46)/216A,216D,216E); Commissioner Richard Reynolds seconded. The motion passed 3–1, with two members absent. The commission will forward the recommendation and record of concerns to the Board of Supervisors.

The discussion included concerns about animal management near neighbors and whether agricultural uses would be appropriately controlled; staff advised those concerns fall under post-approval management and existing regulations rather than zoning restrictions.