Empty lot’s owner asks court’s review of zoning request

The owner of a vacant Malvern Avenue lot has petitioned the Garland County Circuit Court to review the city’s denial of his application for commercial zoning, a designation his attorney said is needed to sell the property.

Q. Byrum Hurst told the Hot Springs Board of Directors last month that an agreement his client, James Green, has to sell part of the 2-acre parcel at 2105 Malvern Ave. to Chambers Bank is contingent on the property being rezoned. Its suburban residential, or R-2, zoning prohibits most commercial uses.

The commercial transitional, or C-TR, zoning Green requested would allow, with planning commission approval, the property to be developed for a financial institution or financial institution drive-thru, both conditional uses in the C-TR zone. According to property records, the lot was acquired from the Roman Catholic Diocese of Little Rock last January for $166,000.

The property has sat idle since the previous owner’s estate deeded it to the church in 2010.

“That at the present time the property is zoned residential, and this restraint on the property basically renders it useless,” the petition for review said. “Petitioner seeks a review of the actions of the respondent in denying its rezoning application and asks that it be reversed and that the respondent be ordered

to rezone the property to C-TR.”

The petition named the city, Mayor Pat McCabe and the planning commission as respondents. City Attorney Brian Albright said Wednesday that none of the respondents had been served with the petition. Hurst didn’t respond to The Sentinel- Record’s request for comment by presstime.

The planning commission unanimously rejected Green’s application for C-TR zoning in October, ruling he failed to show it wouldn’t adversely affect the Suburban Heights Subdivision and other nearby residential areas. The board voted 6-1 last month to uphold the denial, with District 4 Director Carroll Weatherford being the lone board member to support the application.

Hurst told the board last month that in 2011 Arvest Bank wanted to put a branch on the property. That same year the planning commission recommended the property be rezoned to neighborhood commercial, or C- 3, but the board didn’t endorse the recommendation.

“(Arvest) did an extensive feasibility study and came up with commercial was the only way to go with this property,” Hurst told the board last month. “And our planning department agreed with them at that time, but it met a lot of opposition. It was rejected at that time, and since that time it’s remained vacant. It just sits there growing grass.”

In July, the planning commission denied Green’s request for C- 3 zoning. Many of the residents of Suburban Drive and nearby residential areas opposed the application, sending the city dozens of comments opposing the C-3 application and subsequent C-TR application.

The petition said the planning commission’s denials in July and October were inconsistent with its 2011 recommendation for C-3 zoning.

“That it is clear that the reaction and vote of both the planning commission and board of directors was one of a political nature and not based upon the zoning code and the obvious transitioning of property that fronts Malvern Avenue to become commercial in nature,” the petition said.

“In fact, across ( Malvern Avenue) from this property is located the Hot Springs Country Club, which involves itself in commercial activity for its members, including the retail sale of merchandise, equipment, the operation of restaurants and bars and, of course, golf and tennis activities, all of which are sold to its members, guests and others.”

The petition said the property isn’t suited for residential development.

“( Malvern Avenue) that is immediately in front of the property is a major thoroughfare for large eighteen-wheeler trucks and other commercial transportation vehicles,” the petition said. “The noise is intense. In addition, there is substantial litter, debris and other items from the use of the major thoroughfare that make it unattractive as residential property.”

Hurst told the board last month Green is willing to deed the northeast part of the lot to residents of Suburban Drive, creating a buffer between the bank and the neighborhood.