Brandon Twp.- More than a year after Country Oaks Landscape Supply filed a court action appealing the township’s decision to deny rezoning of the business property to C-2 (general business) a settlement has been reached.
The township board unanimously approved a consent judgment during their April 2 meeting that will rezone the property at 3967 Seymour Lake Road to C-1 (local commercial).
Mark Cherry, owner of Country Oaks, previously had a consent judgment to operate his business in a residential area. The new consent judgment will not supersede the first amended judgment for Country Oaks.
In the event of the sale of the property, the new consent judgment will not allow gas stations, automobile service stations, bars, liquor/party stores, or strip club establishments on the property. Also forbidden will be on-site consumption of alcoholic beverages, but a licensed business such as a supermarket or drug store could be put on the property and it would be permissible for such a licensed business to sell alcohol.
The new consent judgment also states ‘there will be no businesses whose primary function involves the active use of environmental hazards.?
Additionally, the property may not have an access driveway located within 25 feet of any residential area.
‘Any new owner of the property will be very limited to what type of business they would be able to maintain on the property,? said Township Supervisor Kathy Thurman.
Neighbors of the property raised concerns about altering the country feel of the area when Cherry first appealed to the township board in late 2010 to change the zoning of the 12.890 acre parcel of land. At that time, Cherry said he had no plans to sell the property.
The property is now for sale. Cherry did not respond to a request for comment at presstime.