By LISA MARCHESONI, Senior Writer
Posted: Sunday, June 1, 2008 8:38 am

Some 27 Blackman residents, or some 20 percent, whose property adjoins Bible Park USA ultimately helped defeat the development because they petitioned for a two-thirds majority County Commission vote.

Rutherford County Commissioners voted 12-9 May 15 to approve rezoning for the park on a 300-acre site off Blackman Road near Interstate 24 and state Route 840. While the majority of commissioners voted for it, the rezoning failed because 14 votes were required to pass the rezoning.

Under Rutherford County Zoning Regulations, County Commissioners must approve zoning changes by a simple majority.
But the little-known provision requires a two-thirds vote when 20 percent of the adjoining property owners sign petitions opposing the rezoning change.

County Attorney Jim Cope said as he understands the zoning regulations, any property subject to a rezoning, whether it be residential or commercial, may have 20 percent of the adjoining property owners submit petitions to require a two-thirds vote of the County Commission.

Does he believe new developments will feel the impact of 20 percent of landowners requesting a two-thirds vote before the County Commission?

“I don’t know,” Cope responded. “It hasn’t in the past. Whether it is utilized or attempted remains to be seen.”
Zoning regulations do not contain an appeal for landowners, the county attorney said. Disappointed parties may seek recourse through the courts if there’s an illegality.

Park spokeswoman Terri Sterling said the landowners are the ones who may seek recourse, not the developers.

***

County Commissioner Will Jordan first learned of the 20 percent provision when some property owners opposed the Big Springs Clay Target Sports shooting range.

Attorney Frank Fly, who represented the opposing property owners, bought it to the Planning Commission but he didn’t get the petition certified.

“I’ve never seen it used” before the Bible Park, he said.

Jordan, who has served on the planning commission 16 years and voted against the rezoning, said the 20 percent requirement only adds three votes over the simple majority of 11.

“Two-thirds is not overwhelming in my opinion,” Jordan said. “If we make it 75 per 80 percent, it gets insurmountable.”

But County Commissioner Gary Farley, who also serves on the planning commission and voted for the rezoning, said 20 percent of adjoining landowners affected the Bible Park and could halt other development.

“Someone could use it on a smaller scale if they’re that adamant about it,” Farley said. “What is actually does, it puts 20 percent of the people dictating what the majority of people may be for. If only 20 percent of the people file a petition and the other 80 percent didn’t sign, what’s that saying?”

For example, if a project had five adjoining landowners, one landowner could file a petition — with four other adjoining landowners favoring it — and require a two-thirds vote.

Planning Director Doug Demosi might need to bring the issue before the Planning Commission to see if something needs to be addressed, Farley said.

***

Regarding the Bible Park, Demosi said his office required an automatic conditional use permit for the planned unit development.

Since he’s been on the staff, the office handled five planned unit developments with permits.

The conditional use permit requirement allows 20 percent of the landowners to submit petitions. In the Bible Park case, the planning staff identified 80 adjoining property owners so 20 percent of that would be 16 petitions. His office checked the petitions and found more than 16 qualified petitions. Some were discarded because they were not adjoining property owners.

Park opponent John L. Batey, who is not an adjoining landowner, submitted the petitions but Demosi said it didn’t matter who submitted the petitions.

This is the second time Demosi remembers landowners opposing a project using the provision during the past two years. “It’s in the resolution and I enforce it as such,” Demosi said. “I have no opinion on it one way or another.”

County Commissioner Ron Williams has definite opinions on the zoning regulations and the way the document was applied in the Bible Park vote. Williams voted for rezoning.

Williams asked several questions about the way the petitions were handled:
• Why were the petitions not presented to the county commission?
• Why didn’t commissioners get a chance to examine the petitions?
• Why did commissioners not know developers objected to the petition?
• Why did Beaty handle the petitions when he’s not an agent of the landowners?
• Did property owners sign the petition under duress?

“We have seen no information that supports the stance that this (the petition) is a legally executed petition,” Williams said. “We as a body are empowered to make the final decision but did not have that information. It was withheld.”

Williams doesn’t support the idea that 20 percent of the people can dictate for the majority of people.

“The people that are trying to sell their land rights have been violated if 20 percent can stop them in my opinion,” Williams said.

“If there are four adjoining property owners, one person can force a two-thirds vote.”

Lisa Marchesoni may be reached at 869-0814 or at lmarchesoni@murfreesboropost.com.