Rogers property on Horsebarn Lane to remain residential multifamily

ROGERS -- Resident Laurel Matula said it was disappointing to have her property rezoning request denied after the Planning Commission unanimously recommended it last week.

Matula's request was to downgrade her 2-acre property at the intersection of Horsebarn Road and Horsebarn Lane from residential multifamily at 15 units per acre back to agricultural, which is what it was originally. The rest of the neighborhood is also agricultural.

Other action

Rogers’ City Council met Tuesday night and approved:

• Amending sections of Chapter 14 of the Code of Ordinances to establish limitations for upper-floor residential space in commercial zones.

• A request from S&K to close M Street between Rachel and Kara Lanes to install water and sewer lines from sunrise to sunset today to May 9, excluding Sundays.

• Spending $1.4 million from reserve for the final phase of the Rogers Historical Museum expansion.

• Recognizing donations from the First Baptist Church of Rogers — $2,500 to the Police Department for small tools, such as personal flashlights for patrol officers to wear on their belts; and $2,500 to the Fire Department for personal protective equipment, perhaps uniforms and more body armor. The Fire Department also accepted a $1,000 donation from an individual they will use for the same purpose.

Source: Staff report

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Kelly Boyd, who represented Matula during a City Council meeting Tuesday night, said the property and a second small property next to it were previously joined and planned for an apartment development that didn't work out.

"The property was never actually sold to the developer; they didn't pick it up," Boyd said.

Boyd said in a Planning Commission meeting last week Matula was interested in urban farming using a modern barn and some chickens.

Community Development Director John McCurdy said the property doesn't need to be agricultural for the owner to farm on it. A recommendation by the department recommended denying the request, since agricultural zones aren't a municipal land use and easily become holding ground for county annexations.

"It's intended that A1 [agricultural land] eventually will change into some other zone," McCurdy said Tuesday as he explained why the department warned against back zoning.

"This is the first time in my 20 years [in city government] that we've considered this, to down-zone anything to A1," said Mayor Greg Hines.

Hines said he could see the cohesiveness of the neighborhood as a legitimate reason to request the rezoning but personally supported the staff recommendation.

Boyd argued the property would be no good to the city zoned as residential multifamily because the front half is a flood zone.

"You can't develop on that anyway," Boyd said. "I don't think someone could buy that and develop it that way. It's not fair to have a planned development [fall through] and say 'Wait, we're just going to hold here.'"

Hines said he saw where she was coming from but pointed out the property was made residential multifamily at the consent of the property owner at the time of the planned development.

"No one was held hostage to rezone this property," Hines said.

McCurdy said the land will remain residential multifamily until it's zoned to some other municipal-friendly zone. The city can regulate municipal, residential, industrial and commercial zones, he said.

"I don't recall us going back to a lower zone," said Alderman Mark Kruger. "I understand the owner wants privacy or whatever, but if it stays as is, it can be used the way it is. But I don't want to open the door of rolling back zones."

Alderman Betsy Reithemeyer disagreed.

"It was a unanimous decision by Planning Commission to take the property back to A1," she said. "I support what Mr. McCurdy is doing with development, but this is a unique situation. I follow the logic. I would support taking it back to A1."

Alderman Jerry Carmichael agreed and said the property owner has a right to request such a zoning.

"Given what I heard, and seeing the Planning Commission in a great deal of conversation over it, I support it," he said.

Carmichael, Reithemeyer and Buddy Wright voted in favor, but the remainder of the council voted against.

"It's a failure of the city to not have a mechanism in place for a situation like this," Matula said.

NW News on 04/25/2018

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