MONTGOMERY COUNTY, Tenn. (CLARKSVILLENOW) – A proposed commercial rezoning in Sango is drawing opposition from neighbors, including a petition signed by nearly 75 property owners.
Leroy Fry Jr., owner of Fry Faith Transport and Fry Logistics, recently applied to have 2.28 acres, currently zoned AG, redesignated as C-5 Commercial. The parcel of land sits next to Fry’s home on Durham Road, in between Sango Road and Highway 41A, and is currently home to a barn and handful of tractor trailers.
According to residents, complaints began in the summer when Fry commissioned work on the property, including grading, new gravel and the installation of a culvert. A radio communications tower was also added to the property, presumably to communicate with trucks.
Neighbors alerted Building and Codes, who then approached Fry and told him he would have to get a zone change to continue parking multiple trucks on the property.
Once he applied, the Clarksville-Montgomery County Regional Planning Committee recommended disapproval of the application, citing inconsistencies with the county’s adopted land use plan.
“The proposed C-5 is considered an arterial commercial district, and it permits uses that are out of character with the surrounding agricultural and single-family uses in the area. Commercial zoning is ideally located at strategic intersections to enhance their commercial and economic potential. This property is not in an area that warrants commercial zoning,” said Committee Director Jeffrey Tyndall at the Montgomery County Commission’s Dec. 7 meeting.
When asked about his application, Fry said it’s a formality, and he has no intention of moving his business to Durham Road. Fry keeps most of his trucks on rented land off Barge Point Road, on the other side of the county.
He said he would like to park some of his trucks at his home.
“It’s just me. It’s my stuff, personally,” Fry told Clarksville Now. “There’s no business there, I just have to use that as my business address, but there’s no business coming there. That’s your commission that says I have to change it to C-5 because I want to put my trucks there, which are two or three trucks.
“I think people should have the right to own their personal stuff.”
Neighbors oppose rezoning
Fry’s neighbors, led by Mark Warmath and Stacie Hillbourne, collected signatures from other nearby property owners who opposed the zone change.
Their concerns include late-night noise, truck traffic on a residential street, negative effects on property values and environmental impact. The full list of complaints can be found in the County Commission December Agenda.
“We are asking you (the County Commission) to please save our quiet, residential neighborhood and to not approve the zone change. I’m sure the joggers, walkers and bicycle riders would discourage the change also,” says the petition.
As of Monday, Dec. 7, 73 people had signed the petition, including all property owners adjacent to the one in question.
Communication concerns
Residents also said Fry has communicated different intentions to different people.
In his petition, Warmath said the previous property owner told him of Fry’s intention to move his trucking business to Durham Road.
Fry said this is not the case.
“This is what happens when you don’t talk to the person, the source,” said Fry. “I own 12 trucks, but I never said I was going to put 12 trucks out there.”
During the commission’s December hearing, Commissioner Jason Knight suggested to Fry and his neighbors that they try to work out disagreements as neighbors ahead of the commission’s formal meeting, a sentiment Hillbourne took issue with.
“It came across, honestly, as fairly indignant,” said Hillbourne. “We didn’t go knock on his door because, frankly, we didn’t know how we would be received. We were all wanting to be respectful of the process, that Mr. Fry has every legal right to apply for a zoning change, but we didn’t feel that anything productive would come of eight to 10 citizens knocking on his door.”
Knight told Clarksville Now communication among neighbors is the best way to settle these disputes.
“I’m sorry that she felt that particular way, but as a commissioner I would have to make sure the community as a whole was talking to each other before something like this comes to the commission. If the community members have a grievance with someone in the community, it is in their best interest to talk with that community member and let them know how they feel initially. Sometimes, it can be solved at that level,” said Knight.
Warmath said he did approach Fry for a conversation following the meeting, but they were unable to come to an agreement.
The County Commission will vote on the rezoning application at their formal meeting on Monday, Dec. 14 at 6 p.m.