Neal: ‘I’m really troubled by this concept’
Attorney raises concerns over agricultural rezoning proposal
A new zoning district could be in the works as officials consider changes affecting property currently zoned Agricultural.
During a Farragut Municipal Planning Commission workshop Feb. 19, Community Development director Mark Shipley proposed modifying the town’s ordinance to provide estate-lot regulations. The proposal prompted opposition from attorney John Neal, who spoke on behalf of resident Greg Wiberley.
“I’m really troubled by this concept,” said Neal, of Neal Law Firm in Knoxville. “I grew up as a 4-H’er; I own a farm, so to me, the concept of agricultural zoning and the availability of farming is really important.
“I also grew up on a 2-acre lot, which is supposedly under this proposition to preserve a rural character to the neighborhood,” he said. “Well, my 2-acre lot was two blocks from the town courthouse.”
Shipley said the modification would potentially establish provisions for subdivisions with estate-lot sizes, typically at least 2 acres.
“That’s not rural,” Neal said. “You’re not going to preserve a rural atmosphere with a house on a 2-acre lot. You’re just not going to do it successfully.
“In my personal view, we shouldn’t make it impossible for people to farm,” he said. “We shouldn’t put them in a situation where their property taxes might go up because of the zoning change, which then makes it impossible for the children of the deceased person to keep the family farm. They are forced to sell it.
“The Wiberleys’ farm is zoned Agricultural,” Neal said. “They are being adversely affected by being forced to be moved into a completely different kind of zoning.
“You’re not just modifying Agricultural zoning; you’re doing away with it,” he added.
Mayor Ron Williams said he does not believe existing farms would be negatively impacted.
“We look at what kind of farms we have,” Williams said. “We have horse farms … and we’ve also got hay farms.
“I don’t think any one of those are going to go away anytime soon, so I don’t think we’re going to trample on their rights at this time. I think what we’re looking at is a little bit different than what you’re talking about.”
Commissioner Noah Myers suggested creating a separate zoning category.
“I think the really easy solution to Mr. Neal’s concern is instead of renaming the Agricultural District, we create a new large-lot residential district,” Myers said. “That would solve the problem of someone who’s in agriculture feeling like they are getting shoehorned into something they don’t want to be in.”
“Yeah, we can do that,” Shipley said. “We’re open to it.
“I always look at what we have and do we ever use it,” he added, noting he also is considering development realities in West Knox County.
Shipley said the issue was raised during a recent Board of Mayor and Aldermen meeting under citizen forum comments, and board members were open to staff exploring options.
“From the staff’s perspective, rather than creating a new zoning district for estate lots, a recommended approach would be to amend the existing Agricultural Zoning District,” he said.
The Agricultural zoning district requires a minimum lot size of 5 acres for any new lot created, Shipley said. There are currently 624 acres in the town zoned Agricultural.
“The A Zoning District is rarely used due to the minimum lot size requirement, and over the years, some properties zoned A have been rezoned for more viable development options,” he said.
He added there have been instances in which large-lot developments were proposed with numerous subdivision regulation variances requested because of lot size and overall density.
“This is mainly the result of not having specific development-related requirements or more flexible requirements for these types of large-lot communities,” Shipley said.
Examples include Sassafras Meadows off Dixon Road and the Oak Farm subdivision off Union Road, he added.
“A strategy in the town’s existing Comprehensive Land Use Plan is to enhance the town’s natural identity, including its historic rural character,” Shipley said. “Amending the Agricultural Zoning District to allow for a smaller minimum lot size and potentially more flexible development-related requirements may help foster development options in this district while maintaining a rural character with larger lots than would typically be associated with traditional residential subdivisions.”
