Lowell sends rezoning request back to planning commission

The Lowell City Council unanimously approved sending a light industrial rezoning request back to its Planning Commission as a commercial rezoning during a special meeting Monday.

The city Planning Commission voted against the rezoning of the residential-agriculture property to light industrial during a March 16 meeting. The applicant was requesting the city council appeal the decision on the property at 400 N. Goad Springs Road.

A motion to deny the light industrial rezoning and to send the applicant back to the Planning Commission for a commercial rezoning was approved by the board.

Robert K. Rhoads, a lawyer representing the applicant, told the city council on Monday that the applicant was OK with the property being zoned commercial instead of light-industrial. The applicant is unknown.

A commercial zoning meets the needs of the applicant and addresses the concerns of adjacent landowners, Rhoads said.

Several landowners spoke against the rezoning of the property to light industrial during the meeting. Many said they would rather see the property commercial.

"My property is on commercial," Evelyn Bowen, a landowner, said. "I would like to see a beautiful business on it. I think the future of Lowell is better than light industrial on that side of town."

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.

Keith Williams, council member, said the Planning Commission is better equipped to discuss zoning concerns. He said this is one reason why he made the motion to send the applicant back to the Planning Commission. The City Council could have approved the commercial zoning without sending it back to the Planning Commission.

Williams said he also wanted to give the city time to contact all adjacent landowners about the commercial rezoning.

"We have not had a public hearing for commercial use," Williams said. "I think we should at least get notification out there for this."

Property owners near rezonings are notified by certified mail 15 days before Planning Commission meetings where the rezoning is discussed. Property owners were notified when the commission discussed the light industrial rezoning. They were not notified prior to the City Council meeting.

Doyle Yates, president of Northwest Arkansas Board of Realtors, also supported sending the decision back to the Planning Commission. The Realtors organization owns adjacent property. It is constructing an office and event space on the property.

"When we were looking for land, if it had been zoned light industrial we would not have purchased this," Yates said.

Yates said the property was surrounded by residential at the time the realtors organization purchased the property.

Fred Rausch with Rausch Coleman Homes spoke in favor of the rezoning. He said the company is developing a neighborhood about a mile away from the property.

"Our interest is in rooftops," Rausch said. "Any thing that is going to create jobs and economic growth is going to be good for the community of Lowell."

Crafton Tull, an architecture and engineering company, previously paid $800 to the city to hold the planned special meeting. The company is representing the rezoning applicant.

City officials said the money was to pay the salary of council members for the meeting. The money was returned to Crafton Tull before the meeting took place.

Thomas N. Kieklak, city attorney, said city officials decided to return the money after further consideration to avoid "the appearance of impropriety".

Daniel Ellis, vice president of Crafton Tull, said he thought the $800 was a fee companies had to pay when there was an appeal. He said it was a misunderstanding.

NW News on 03/31/2015

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