City Council OKs appeal for C-1 rezone from Judd

An appeal for a rezone request not approved by the city's Planning Commission was approved by the City Council at the regular meeting, Tuesday, Nov. 17.

Roy Cotton appeared before the Planning Commission Tuesday, Nov. 3, requesting to downsize the zone for a 1.1 acre lot at 560 N. Curtis Ave. The lot was zoned Commercial 3; Cotton requested Commercial 1 telling planners he planned to put in a used-car lot and coffee stand. At the Planning Commission meeting, several people who live on property adjacent to the lot objected to the car lot. The vote was split, 3 in favor and 3 against. One Planning Commissioner was absent. The city attorney declared the issue did not pass.

"At the Planning Commission meeting, the use was brought up instead of the rezone being considered," city building official Tony Townsend said. "It came to a 3-3 vote with no tiebreaker. That's the reason he's appealing the rezone tonight."

City attorney Shane Perry said: "I've reviewed the zoning. It's my opinion, from a review of the zoning, he's entitled to it."

"This is the rezone only, he still has to come to the Planning Commission for the use of the property," Mayor Jackie Crabtree explained.

Council member Steve Guthrie asked if there was a reason not to approve the rezone.

"I don't see any," building official Tony Townsend said, explaining that it is a decrease in the zoning density. "It's general commercial and he's asking for medium commercial."

The appeal and rezone were approved unanimously.

Another item which appeared to the Planning Commission was concerning property at 111 Lindsay Street. The property was, according to Townsend, "strip zoned" many years ago by the city, and the size prohibited the property owner (Dan Judd) from constructing a building with the current zoning set backs. The Planning Commission initially tabled the request because of the amount of the variances. A second presentation by an attorney representing the property owner, was approved.

The rezone was approved with contingencies of the business being oriented toward Lindsay Street and the physical footprint of the building not to exceed 1,500 square feet.

In other business, the Council:

• Authorized end of year employee merit awards at the same rate as last year of $500 for full-time employees and $250 for part-time employees;

• Approved pay for 2020 for Planning Commission and City Council members;

• Set the December City Council meeting for Tuesday, Dec. 29;

• Approved Ord. 691 rezoning property on Ryan Road from agricultural to commercial;

• Approved Ord. No. 692 waiving competitive bidding and adopting the emergency clause so the Water/Wastewater Department can purchase a sewer camera;

• Approved Ord. 690 changing the name of Kelley Street to Kimball Street as there were two streets named Kelley;

• Approved a right-of-way for Black Hills Energy Arkansas Inc.;

• Approved Ord. No. 689 amending the ordinance about fire protection and allowing a different rates for fire dues for commercial property than residential; and

• Approved certificates of destruction for old city and court records as required by state law.