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Minutes for the City Council meeting on December 2, 2002
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APPEAL HEARING - 6:00 P.M. - An appeal hearing was conducted for the purpose of hearing comments of the denial by the Metropolitan Area Planning Commission for a zoning change from Residential (R-1) to Commercial (C-3), located at 5205 E. Johnson Ave. as requested by Mr. Bill Cope and attorney, Martin Lilly. Attorney Lilly argued zoning on the south side of Johnson Ave. was largely commercial, giving examples of Urgent Care Clinic and Cornerstone Methodist Church. He stated due to a five-lane road the property has little or no value as residential, and the highest and best use would be commercial. Mr. Richard Carvell spoke in opposition to the zoning change, representing an organization called Respect Our Neighborhoods (RON’s), and explained the land use plan does not show this land as commercial. City Planner, Glenn Batten reported that the Metropolitan Area Planning Commission voted unanimously to deny the zoning request for various reasons. First he explained it was a classic case of spot zoning and gave the following parts for determining spot zoning:
(1) Is the proposed rezoning compatible with the surrounding area in terms of land use and zoning? Mr. Batten stated in this case the answer is no.
(2) Is the proposed rezoning consistent with the city’s Comprehensive Plan? Again Mr. Batten stated the answer in this case was no.
(3) Would the proposed rezoning meet a public need or provide a public benefit? Mr. Batten stated the rezoning would not in this case.
(4) Would the proposed rezoning solely benefit the property owner? Mr. Batten contended in this case it would. Other reasons given for denying the rezoning were as follows:
(1) The zoning proposal is inconsistent with the Jonesboro Comprehensive Plan;
(2) The rezoning is not consistent with the public interest;
(3) The rezoning is incompatible with the zoning, uses, and character of the surrounding area, which is residentia...
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