Council tables appeal to rezone land parcel

Owner requests land be zoned back to commercial

— After some discussion, the city council tabled until next month an appeal of a Planning and Zoning Commission decision to deny the rezoning of property located along Arkansas Highway 59, just south of MeekerDrive, from R-1 (residential single family) to C-2 (commercial).

The commission denied the request of Kirby Hebert, Sr., at its Oct. 20 meeting, according to commission minutes. Hebert said he requested the zoning change to commercial so that the land - about an acre - would be more marketable.

Jo Ellen Martin, city clerk and also property owner adjacent to the Hebert property, spoke against the zoning change, saying, according to the meeting’s minutes, that a business there would lower property values for the residential property owners.

At Monday’s council meeting, Danny Hebert, speaking for the family, said the property located right on the fivelane highway was more suitable for business use and would provide an opportunity for the city to grow by making room for new businesses along the highway where growth has beenoccurring. He also pointed out that other properties had been rezoned for commercial use along the highway, adding that most of theproperty along the highway is already zoned for commercial use.

He also suggested the city could not discriminate against one type of business over another but must follow its codes in making decisions.

“Where are you going to get commercial property for growth along Highway 59 that’s not already taken up?” Hebert asked the council.

Councilman James Furgason said it is an injustice to the citizens when the city “flipflops” on zoning as it has done in the past, speaking of the fact that property along the highway had been zoned for commercial use and then was rezoned for residential or residential/office use.

“If it (commercial zoning) was OK before,why not now?” Furgason asked.

The issue, councilwoman Janice Arnold said, is the unknown of what type of commercial business would be put in there. She said her property borders property which was rezoned to commercial for the new Wooden Spoon Restaurant and she would have opposed rezoning the property to commercial use except that she knew the people putting in the restaurant and how it would be kept up.

The council will take up the matter again at its Jan. 9, 2012, meeting.

The council voted unanimously to leave stand another Planning and Zoning Commission decision against reopening College Avenue (located east of Arkansas Highway 59 and running east and west between Shankles Road and East Crawford Street).

The motion, made by Furgason, was to not abandon the street but not reopen it at the present time, with the option for any property owners to reopen it if an engineered study was done (to include drainage issues) and the street be built to meet city street specifications.

Where are you going to get commercial property for growth along Highway 59 that’s not already taken up?

  • Danny Hebert

News, Pages 3 on 12/07/2011