Vacant property next to Dollar General rezoned Highway Commercial; But, was it legal?

In its new role as Planning Commission, Alexander City Council members held their first rezoning hearing before the regular April city council meeting. The purpose of the hearing was to receive public input on the request by property owners Robert and Jessica Burnett to rezone the large, undeveloped area next to and behind the Dollar General store and Post Office from Agriculture-1 (AG-1) to Highway Commercial (HC).

The rezoning request involves two areas zoned AG-1, Tract-A and a portion of Tract-B. (See graphic) The Burnett’s hired a surveyor who researched both Tract-A and Tract-B. It was discovered that Tract-B had some how shrunk from its original 5.5 acres to its current 0.75 acre shown on the Pulaski County GIS plat map. That’s the smaller area in the graphic zoned HC. When Alexander adopted its current zoning map it was based on Pulaski County’s GIS map, causing the split zoning.

During the hearing Jessica Burnett said, “We've been working with some investors so far, but we can't go any further without rezoning.”

Mayor Crystal Herrmann said, “So, ultimately, the goal is to bring some businesses in.”

The Burnetts are also dealing with an encroachment issue with the cement plant that borders Tract-A. Jessica Burnett said two of their parking lots need to be moved. Once that is done the Burnetts will submit the corrected survey to Pulaski County for correction of the GIS map.

There’s more to Tract-A than the 38 acres in Alexander. The property extends east into Little Rock providing a total of around 44 acres.

“If all this goes through, it's worked out, we are going to petition Little Rock to add, let us annex, the rest of the (property)” into Alexander, Jessica Burnett said. “Just because it will be easier having it all in one city versus split between the two.”

She added that response times for first responders will be shorter being in Alexander.

Ultimately, no one presented any opposition to the rezoning. After the council transitioned into its April 21 council meeting, the rezoning ordinance was unanimously adopted by all eight of the council members.

Crossing the Ts and dotting the Is

According to the City of Alexander’s zoning regulations, those requesting to rezone property must perform three steps prior to the public hearing. All three steps involve public notification of a requested zoning change.

One is to publish a legal notice, “[I]n a newspaper of general circulation in Alexander. The notice shall be published at the applicant’s expense and shall give the time and place of the hearing and the proposed change.”

The second is to, “[I]nform all owners of land, by certified letter, return receipt requested, which lies within 300 feet of the land for which the zoning change is requested of the time, date, and place of the public hearing and the proposed change in zoning designation.

The third states, “The applicant shall procure signs from the City, for the purpose of posting the property proposed for a change in zoning.” … “The signs shall be posted along the frontage abutting any street at an interval of one hundred (100) feet.”

As stated on the rezoning application form, Alexander is to collect the application fee of, “$150.00 plus $7.50 per public hearing sign as required.” The fee for the signs is not refundable, but the signs must be returned to city hall.

The Burnetts did publish the legal notice in the Democrat-Gazette and mail out the proper letters to property owners. Prior to the public hearing the signs were not visible along the property frontage. During a lull in the proceedings this reporter asked Jessica Burnett if the city provided them signs. She said, “No.”

What happens next? What does the new City Council/Planning Commission do with this? We shall wait and see.