WHITE PINE--White Pine Planning Commission voted to deny a request for rezoning property along Roy Messer Highway, across from White Pine School, from R-1 to C-2 during its regular monthly meeting Tuesday.

State planner Bart Hose explained it was a modified rezoning request, which was similar to a request brought before commission in August. He said the only difference was the deletion of the Claude "Buck" Denton property from the proposed rezoning area.

"My evaluation is pretty much the same as it was last month. This area is predominantly residential, and R-1 zoning is consistent with the area. The town's plans are to cluster commercial development, but obviously that could change. Rezoning this would create another cluster of possible commercial development," said Hose.

"Rezoning this area would result in more commercial traffic, and there could be sight light issues with adjacent properties. The town does have the opportunity to have control with zoning," he said.

He explained there were other rezoning options. He said rezoning the property to R-2 would allow higher density residential developments, offices, and apartments.

"Also, you could consider a lower density neighborhood commercial district. You don't have a zone like that available at this time, but you could consider doing that later," Hose said.

Discussing the existent land use and current zoning in the area, Hose said the area is predominantly R-1. He said if commission felt the property should be rezoned he didn't believe it was spot zoning because several lots would be included.

Talking about the property's history, he said the land was originally zoned R-2, then it was rezoned C-2 in 1988. In March 2006, the property was rezoned to R-1. It was annexed into the town limits in the early 1980s.

"However, it has remained unchanged in terms of development," he said. "There has been some development in the area, but it has been predominantly residential."

He explained in August commission denied the request and it was sent to city council. Council denied the request but wanted all property owners to be notified so they could express their opinions. Council suggested the request be sent back to planning commission with the Denton property omitted.

"Some council members were concerned this property was rezoned before and some property owners apparently were not aware of it," Hose said.

He pointed out one of the main concerns was traffic congestion around the school.

Claude "Buck" Denton addressed commission members.

"I can't believe you'd even consider putting this property as commercial," he said. "It would be zoning commercial in the middle of a residential area."

"The people wanting their property rezoned don't even live in White Pine. How would they like it if I bought land near their house and put up a junkyard near them?" he said.

Denton presented council members with a petition, which he said had been signed by all adjoining property owners, opposing the rezoning of the property in question.

"And there are traffic problems at that school. When school lets out, cars are backed up clear to Highway 113 and then all the way to Knight Wind the other way," Denton said. "Rezoning this to commercial sure wouldn't help the traffic problems."

Robert Allen, a Knight Wind resident, also addressed the commissioners.

"You voted against this last time, but here we are again. I don't like to have to come to every meeting," he said.

He expressed concerns about water run-off if the rezoning was permitted and a commercial development was constructed on the property.

Jim Peoples, also a Knight Wind resident, also expressed concerns of potential water run-off if businesses were constructed on the property.

He said there was a petition signed by every resident of Knight Wind, except one resident who was not home, opposing the rezoning request.

Bill Kennedy, of Nichols Street, also said he opposed rezoning the property.

Hose pointed out state law does not limit the number of times a person may request rezoning.

"Even if the request is repeatedly denied, the property owners can keep asking for the request to be reconsidered," he said. "I suggest those of concerned about this pay attention to planning commission notices and stay aware of the situation."

Chairman Robert Leeper asked if any property owners requesting rezoning were in attendance and would like to speak. After there was no response, Hose pointed out those wanting rezoning had attended the last meeting and told commissioners why they wanted the rezoning to be done.

Responding to a question from the audience, Hose explained property zoned commercial does not allow residential construction, but homes already built on the property would be grandfathered into the zone. He said C-2 is a general business district, which allows retail sales, personal services--financial, law offices, dry cleaners, medical facilities, public buildings, semi-public buildings such as lodges and clubs, hotels and motels, commercial parking, production of products for on-site retail sales such as jewelry, auto sales, assembly and amusement such as arcades and miniature golf, funeral homes, movie theaters, RV parks, hospitals, and gas station/convenient marts.

"That is basically the town's general commercial district," he explained.

"Several people have contacted me because they are concerned about an apartment complex being constructed on the property," said Commissioner Fred Taylor. "Couldn't that be done if it was zoned R-2?"

"Yes. It is currently zoned R-1, which is single family residential; R-2 would allow apartments and duplexes," Hose said.

After further discussion, Commissioner Darren Fritz made the motion to deny the request for rezoning. Commissioner Samuel Hollingshead gave the motion a second. The motion passed with Fritz, Hollingshead, Taylor, and Leeper voting to deny the request and Commissioner Laura Coffey choosing to abstain from the vote.

Hose presented a staff report regarding the Marsh property subdivision and site plan for a proposed gas station near Exit 4 of Interstate 81 off Roy Messer Highway.

"They've revised the plans and have worked with TDOT. It has taken a bit of time to work this out, but they've satisfied virtually all of the requirements you've asked them to for the preliminary plat," he explained.

He said TDOT had given a right-hand turn only entrance cut for the property.

"I am working with them now to get the easements on the plat," Hose said.

"This does not have to be decided tonight, but you need to consider rezoning the back portion of the property from C-3 to something else, probably C-2," he added.

The only difference between C-2 and C-3 zoning is C-3 zoning permits truck terminals and allows wholesale and warehouse businesses, Hose explained. He said the agreement was there would be no truck traffic going behind the proposed development.

It was agreed the Marsh property zoning would be discussed at the next meeting.