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Minutes for the City Council meeting on August 6, 2001
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APPEAL HEARING 6:00 P.M. - An appeal hearing was conducted regarding the Metropolitan Area Planning Commission’s recommendation to deny rezoning from Residential (R-1) to Commercial (C-3) for property located on the north side of Dan Avenue (Hwy 91), on both sides of Walpole Lane. Mr. David Best was represented by his attorney, Mr. C.M. Mooney. Mr. Mooney stated his client was agreeable to commercial limited use zoning, with the understanding that the property would not be used as a truck stop. Attorney Mooney explained the property was annexed as residential but had been used as commercial since the annexation. Attorney Chris Averitt spoke in opposition to the rezoning stating he represented several residents of the Shady Park Heights area. He explained annexation of Shady Park Heights was welcomed by residents, not only for fire and police protection, but for zoning protection as well. Attorney Averitt mentioned an existing truck stop located in the Shady Park Heights area, and stated it was an unsafe environment. He explained there had been a stabbing at the truck stop as early as last month and twenty two (22) other arrest reports involving vandalism, drugs, people passed out in the parking lot, and vagrancy. He explained these problems will be eliminated by the State Highway Department, but expressed concern that the zoning request was an attempt to relocate the truck stop business. He further stated there had always been suggestions by the owners of the property that it was not a truck stop even though there are trucks parked there with their motors running twenty-four hours a day. Attorney Averitt stated a C-3 zoning would allow for a truck stop, and it was his understanding the Metropolitan Area Planning Commission had rejected the commercial limited use proposal as mentioned earlier by Attorney Mooney. He explained the MAPC had rejected the proposal of a limited use overlay because it did...
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