The Lowell City Council will hold a special meeting Monday to discuss an appeal to rezone 30 acres of residential-agricultural property to light industrial.
The city Planning Commission voted against the rezoning at a March 16 meeting. Several people spoke against the rezoning at 400 N. Goad Springs Road during the meeting.
Officials who represent the rezoning applicant paid $800 to the city to hold the planned special meeting, said Thomas N. Kieklak, city attorney. The money was meant to reimburse each council members' $100 salary for the meeting, he said. But the money has since been refunded, he said.
"I became aware that the applicant offered to cover the expenses of a special meeting," Kieklak said. "The city took him up on that offer, and then after further consideration decided the appearance of impropriety compelled them to return the money."
Kris Sullivan, Lowell planning director, said council members receive $100 for each special meeting they attend. The council has eight members, although one seat is currently vacant.
Crafton Tull, an architecture and engineering company, represents the applicant, Sullivan said. The firm told city officials that their client, which has not been made public, could not wait until the commission's next regular meeting for the appeal.
Daniel Ellis, vice president of Crafton Tull, said he thought the $800 was a fee companies had to pay when there was an appeal.
"That was my misunderstanding," Ellis said. "We will be getting that money back."
Ellis stated in a letter to the city March 23 that a special meeting was needed because of an "extreme time constraint." He also noted he was attaching "the $800 fee to call a special City Council meeting."
Ellis did not reveal the applicant or plans for the property when asked Friday.
"When it comes to rezoning it is really irrelevant," Ellis said. "It is all about the use of the property."
The property is surrounded by commercial, residential-agriculture and high-density residential zoning, according to a city zoning map. The property has been designated as commercial on a Future Land Use Map.
Evelyn Bowen, a property owner, spoke against the rezoning at the March 16 meeting.
"I was told at a past Planning Commission meeting that they were going to rezone everything around my property commercial," Bowen said. "I was not aware they were going to downgrade it to industrial. This is going to keep me from selling my property."
Bowen said she owns about 3.75 acres of land near the property. She has sold other property in the region to commercial buyers.
"If someone wants to come in there and build a nice restaurant or hotel they are not going to want to look at a bunch of trucks or stuff like that on the property next to me," Bowen said. "The mayor had told me that they needed hotels and restaurants and my property was a prime location for that."
Bowen said she also was concerned about not being notified of the meeting Monday.
"They should have sent a certified letter like they did before," Bowen said, referring to a notice she received before the March 16 meeting. "It sounds like it is a secret meeting to me so that they could undermine us and try to pass this without us knowing."
Kieklak said the city isn't required to notify residents for zoning appeals. There also was not enough time to send letters to residents, he said.
Doyle Yates, president of Northwest Arkansas Board of Realtors, spoke against the rezoning during the Planning Commission meeting. The organization is building a facility on property near the proposed rezoning.
Yates said Thursday that the board had made several requests of the developer.
"We have not heard back at this point," Yates said. "It could well be that this is resolved by the meeting Monday."
Kieklak said the City Council has the authority to repeal the Planning Commission's decision during the meeting. It also could vote to grant the rezoning.
NW News on 03/29/2015