ROGERS -- A downtown industrial business received the support of the Planning Commission to rezone a portion of its property back to industrial Tuesday.
The land, owned by Pel-Freez, was rezoned "transition" by the City Council when it approved a new zoning map for downtown in July. The zoning map was a recommendation of the city's Downtown Plan.
Pel-Freez opened its plant in downtown Rogers in the 1950s, company officials have said. It employs 48 people.
"There was some confusion on what grandfathering for this land meant," George Rhoads, a lawyer representing the company said.
The use of property downtown was grandfathered during the plan's rezoning process. For example, Pel-Freez can continue to operate as an industrial plant in the transition zoning because it was previously zoned industrial. A clause states the property will remain grandfathered unless an act of God such as a fire destroys the property.
Rhoads said Pel-Freez officials learned about the act of God clause shortly before the City Council's July vote. Rhoads sent an email to the City Council prior to the vote alerting them of the company's concerns.
The email states the company would like to keep the industrial zoning but didn't want to delay the city's decision on the rezoning map. It states officials would come to the commission at a later date.
Pel-freez plans to stay at its location, Rhoads also said.
Officials with Gateway Planning, the company contracted by the city to create the downtown plan, previously said Pel-Freez planned to move in the future. The officials pointed out the downtown plan gives an example of how single-family homes could be built on the Pel-Freez site.
"It is possible because the company is growing that it could move," Rhoads said. "But that is unknown at this time."
Planning commissioners unanimously approved to recommend the company's request to the City Council during its meeting Tuesday. The request will need to be approved by the City Council before the property can be rezoned to industrial arts.
Mark Myers, planning commissioner, said the request seemed appropriate.
"I think this seems a part of the clean-up process," Myers said.
George Sayre was the only member of the audience to speak during the meeting. He said he was neither for or against the proposal but asked if the city could require rabbits not be killed on the property.
The company processes rabbit meat along with raw material for biological research and diagnostic manufacturing, Regina Stowe, the company's foods division manager, previously said.
Chris Griffin, Rogers staff attorney, said the commission couldn't limit use authorized in zoning codes. He said it could only decide if a zoning is appropriate for a piece of property. He said industrial use allows processing of rabbit meat. A transition zoning wouldn't allow this.
NW News on 10/07/2015