Planning Commission denies rezoning request

— The Conway Planning Commission voted 6-2 Monday night to deny Kroger Co.’s request for rezoning to allow for expansion of its store on Salem Road in Conway. The commission also tabled Kroger’s request for a conditional-use permit to add gasoline pumps at the same location.

The rezoning request will next be heard by the Conway City Council at 6:30 p.m. Tuesday at the District Court Building, 810 Parkway in Conway. The meeting is open to the public.

Wes Craiglow, deputy director of development in the city’s planning department, said the request from the grocery store chain was to rezone its location from O-3, restricted office district, to C-2, neighborhood commercial district. He said the second request, a conditional-use permit to allow a fueling station, is not allowed by right in a C-2 zone.

“The request for the conditional-use permit will be held by the commission until the City Council hears the rezoning request on Tuesday,” Craiglow said. “If the City Council approves the rezoning request and allows the property to become C-2, [the conditional-use request] comes back to the Planning Commission.”

City Planning Commissioners Craig Cloud and Chris Steplock voted for the rezoning request. Commissioners Todd Smithhart, Richard Kirkman, Kent Mathis (vice chairman), Kimberly Gardner, Jon Arms and John Hairston voted against the request. Chairman Sandy Mathis does not vote unless there is a tie. Jeff Sturdivant was absent from the meeting.

In order to expand, Kroger would need to buy property owned by Joe Whisenhunt Sr. of Bee Branch, owner of Whisenhunt Investments in Little Rock. That property is the site of the Joe and Nina Webb House, built around 1946 by the late Silas Owens Sr. of Solomon Grove (now a part of Twin Groves) and listed on the National Register of Historic Sites.

There was no discussion about the Webb House at Monday night’s meeting.

“The commission’s duty is to consider land use only,” Craiglow said.

Craiglow said the neighbors living on properties adjoining the Kroger property came to the meeting to voice their concerns about the rezoning request and the request for a conditional-use permit.

“The jest of the meeting revolved around problems seen with standard commercial encroachment on single-family dwellings,” Craiglow said. “There was discussion about noise created by air-conditioning units on top of the Kroger building, lighting in the parking lots and 18-wheelers making deliveries day and night. Those are all pretty standard concerns.”

While some of these conditions of concern are already occurring, Craiglow said, the neighbors believed “it was a bad situation that was going to get worse.”

Craiglow said those who favored the rezoning request expressed concern that if Kroger should decide to pull out of its current location and seek property elsewhere, “What will go in there?

“They wonder who or what will take over that vacant building,” Craiglow continued. “They worry that the property values in the area will go down if a less-desirable tenant moves in.”

Craiglow said the bankers in the area of Salem Road and Prince Street expressed concern as well.

“One of them said their business is tied to the business Kroger generates,” he said. “The banker said he would probably lose business if Kroger moves out.

“But those concerns did not seem to be enough to sway the commission to vote for the rezoning request.”

Marianne Welch, president of the Old Conway Preservation Society and a proponent of saving the Webb House, said she wonders how the Planning Commission’s decision will affect the house. She and other nonprofit agencies have expressed concern that the historic house might be torn down if the Kroger expansion is approved.

In August, Whisenhunt and the Kroger Co. offered to donate a total of $40,000 to the Old Conway Preservation Society or some other qualified 501(c)(3) group to move the house. James E. Hathaway Jr., chief operating officer of Whisenhunt Investment Group, said at that time that the offer is valid until Sept. 30, and the house must be moved on or before Oct. 30.

Attempts to reach Whisenhunt Investment for comment were not successful by press time.

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