Commission denies Justin’s Tree Service rezoning amid spot‑zoning concerns

The Lancaster County Planning Commission on Aug. 18 voted to deny RZ 2026 1441, a rezoning request from Low‑Density Residential to Regional Business for property at 9546 Olan Yarborough Road.

Commissioner Juniana Tinklinberg moved to deny the application “based on Chapter 2, Section 2.4.12” and concerns that the proposal did not meet the definition of a Regional Business district and risked constituting spot zoning. The motion was seconded and passed by roll call; the commission recorded the denial and will forward the matter to county council for final action.

Commissioners raised repeated concerns that the Regional Business district in the UDO is intended for parcels on major thoroughfares and that authorizing RB in the middle of an area largely zoned LDR would set a precedent for future rezonings. Commissioners also questioned the site’s road access and the potential for non‑residential uses to eventually occupy a parcel that applicants said they intended to keep in the family.

Applicants Brandon RP and Justin RP told the commission they intended to build a garage for trucks, provide outdoor storage for equipment, and perform limited maintenance for their vehicles. They said much of the southern portion of the parcel lies in floodplain and that some sections are effectively unusable, which the applicants said constrained where they could place operations.

The denial was justified on the record by reference to the RB definition and the commission’s view that the proposed change was inconsistent with surrounding residential character. The transcript records the roll‑call result as a unanimous denial; the commission clerk said the action will be referred up to county council and the applicants will be notified of time and place for that meeting.