Minutes 09/09/1975 - Laserfiche WebLink

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92 TUESDAY SEPTEMBER 9, 1975 The issue appears to go deeper than this one piece of property, because there is evidence that this case will possibly set a precedent for further development along the east side of Rives Road. Mr. Barnes stated at the August 26th Public Hearing: "...1 feel that it's not in good planning practice, it breaks up the continuity of the industrial activities that are on the west side of Rives Road. It brings it across the road and whenever you do this, if you put in a Seven-Eleven store or commercial activity or something outside of residential use, you will always bring on the old creeping paralysis. Next comes the other industrial activity, the adjacent commercial activity...I think we have a fine example of it in this comprehensive plan on Collinsville Road." Dave Worthy, City Attorney, advises that the courts will overrule zoning decisions that are not consistent with the comprehensive plan for the physical development of the city. In this regard, I again quote from the tape of the Public Hearing: Councilman Fitz-Hugh: "Six months ago you indicated that it would be best used as transitional. Transitional implies to me that something other than what. . . " Mr. Barnes: "Something other than but compatible to the adjacent land use activity. I think one thing, you may find this in your zoning ordinance also, one of the reasons for the adopting, of course, the zoning regulations is for the protection of the property owner. Not only the property owner of the property in question but the adjacent property." In my judgement, this is a key issue--exactly what is the adjacent land use activity that the property must be compatible with? Is the road a natural boundary, or does the adjacent property include the land across the street? Jack Kiser, Attorney for Roy Stone, argues that Rives Road is a natural boudary, and to cross it would "constitute spot zoning in its worst form." Doug Frith, Attorney for Nationwide Homes, counters with the arguments, among others, that "the request is not for a classification totally different from the surrounding area since the land is directly across the street from land in the exact same zoning classification," that Rives Road is an industrial access road "for which City Council has expended in excess of $150,000 City tax dollars", and refers to Council minutes which state, "in order to improve industrial access to the entire area." The recommended land use of the property on the 1995 Land-Use Plan, which is a part of the Comprehensive Plan of the City, proposed by Wiley and Wilson and adopted by the City, shows the property is "open space transitional". Obviously, before