Planning Commission Recommends Approval of Zoning Requests
By DAVID QUESENBERRY
Patriot Publishing
It was a packed house Monday at the May meeting of the Pulaski Town Planning Commission as it considered two separate zoning requests from Horner Acre Farm, L.L.C.
The first request was for a zoning text amendment to allow “farm markets” as a permitted use in the Rural Residential zoning district. The second request sought a rezoning of the Horner’s property located at 2321 Pleasant Hill Drive from R-1 Residential to Rural Residential.
The requests were submitted after two years of work by the Horners to open a farm and farm market on their property.
The proposed zoning amendment would allow a “farm market” as a permitted accessory use in the Rural Residential District as “a permanent establishment for the yearround sale of agricultural goods as an accessory use to a primary agricultural operation.”
The rezoning request applied to the Horner’s property of 13.99 acres, which straddles the boundary separating the Town and the County.
Steve Semones of Westwood Professional Services, speaking on behalf of Horner Acre Farms addressed both requests.
He said that rezoning the property from R-1 to Rural Residential would bring the property into compliance with uses already on site and agricultural uses that were historic to the property, which were consistent with the Rural Residential District.
Semones said that in reviewing the documentation for the zoning requests, it appeared the Town, County and all involved were operating in good faith. Yet somehow, “wires got crossed” and a zoning violation was issued. He said his team was working with the Horners towards the goal of allowing their family business to operate and not lose the investment they’ve made in the property.
Concerning the proposed zoning text amendment, Semones said it would allow permanent market stands by right in the Rural Residential District to sell goods on site. He then reviewed text changes of the amendment for the Commission which would define the term “farm market” in addition to the standards for setbacks, building size, parking and lot surfaces.
Following the report on the project, the Chairman Kevin Meyer opened the hearing for public comment.
Sierra Reynolds opposed the request stating that the applicants were already in violation of the zoning laws and are asking the Commission to change the law for their benefit rather than comply. She felt approval of the requests would send a message that zoning ordinances were optional and that violations could be legalized after the fact, which would erode the zoning process. Reynolds also objected to the introduction of commercial activities into a residential area.
Mark Weikel said that if the request was approved it could open up the area to the other activities listed as special exceptions in the Rural Residential District. He said he could not support either the text amendment or the rezoning.
Speaking against the rezoning, Jane McAdoo said while she might have supported a simple zoning exception for the farm store she could not support a change in permanent zoning for the property. Permanent rural residential rezoning could lead to further problems with regards to agro-tourism events involving live music, alcohol; or night-time noise. She also expressed concern that with the rezoning there was no guarantee what another owner of the property might do in the future.
The R-1 zone she felt was enacted to protect the Pleasant Hill subdivision, its property owners and home values and “it should continue to do so.”
Michele Lawton, whose property borders Horner Farm, said she was fine with the request. She felt that the situation was the Town’s fault and there should have been procedures in place to prevent situations like this from happening.
Debra Wright also supported the requests, noting her enjoyment of the view of the farm from her property.
Jeff Walke said as far as he had observed, the farm had brought no change to the neighborhood.
Allison Beck said the Horners had followed what the Town told them to do and asked the Commission to be mindful of the difficulties that disabled persons have in supporting a family.
Larry and Ellen Marshall wanted answers on how the issue got to this point and what the property would become.
Tom Underwood said he opposed both requests and felt the core issue was the Town and how it operates.
In response to some of the concerns, Grant Horner, the applicant, addressed the Commission.
Horner said the land had always been used for farming. He reviewed the timeline of actions submitted in the Commission’s packet taken in developing the property.
According to the timeline documentation, the Horners were the recipient of several administrative actions by the Town and County concerning their proposed agricultural use of the property. They were notified that the property was grandfathered in for use as a farm and received a permit to live in their camper until their house was built. Water and sewer service were obtained from the Town with lines installed by a licensed contractor.
The applicants received approval from the Town Building Inspector at the time for a utilities extension to the farm store location. They were also told by the Building Inspector that the farm store building was an agricultural building which did not require a building permit and could accommodate restrooms and a kitchen.
Well, septic and zoning permits were obtained from the Health Department and Pulaski County for construction of a residence. Grants were also obtained with the County’s assistance for the venture.
On September 2, 2025, however, the Horners received an email from the Town of Pulaski Economic Development Authority stating there were problems that needed to be worked through behind the scenes, but to proceed with their ribbon cutting and grand opening on September 6, 2025.
Councilman Jeremy Clark asked Horner what lines were crossed in the process, noting that three days before the opening the Town said something wasn’t right. Semones responded that he felt the problem involved a grandfathered non-conforming use for agriculture which added a farm store that was a use not found in the Town’s zoning regulations. This led to the request for rezoning for the agricultural uses and the zoning amendment for farm stores.
Semones added that he did not believe the previous Building Official’s decision was a bad one, but there may have been a communications problem with the zoning or planning department at that time regarding the zoning.
Clark expressed frustration with the situation saying, “This is aggravating. I think I agree with the two or three people who said it, the Town messed up on this and we have to deal with it.”
Horner continued with his presentation reviewing the agra-tourism section of the Code of Virginia, which defines activities, etc. qualifying as agriculturally based activities. He also told Council that persons who farm have the right to sell their products off their farm.
“From the beginning we were going off what we were told we could do,” he said. “We asked all the questions beforehand and we were given the green light. So that’s what we’ve done; now we can’t allegedly.”
After the conclusion of the public hearing, Chairman Meyer asked for comments from the Commission.
Commissioner Clark said, “I guess for me, I’ve said it before. This is dangerously close to being backdoor politics. That’s my opinion.”
Chairman Meyer noted that the farm store was not an allowed use in any district and that the Rural Residential District was the most suitable district for it.
Following the conclusion of the public hearing, the Planning Commission voted unanimously to recommend approval of the zoning amendment change to the Rural Residential District regulations to allow farm markets in that district.
The Commission also voted unanimously to recommend the rezoning of the 13.99 acre tract of Horner Farms L.L.C. from R-1 Residential to Rural Residential.
Their recommendations will now be forwarded to Town Council who will conduct a duly noticed public hearing before making a final decision on both requests.