Ark. City Accepts Zoning for Plastics Recycler

Once land is zoned for a certain use, what does it take to change its zoning?

The steering committee for Lowell, Ark.'s long-range plan mulled this question when it met to discuss the city's land-use plan, parks and public facilities such as police and fire stations.

Chaired by David Matthews, a longtime Lowell resident and an attorney, the committee has been meeting since September to thrash out details of what members want the city to look like and how they want it to grow.

However, earlier this week they had to face a question about future zoning of a property that is now zoned for industrial use.

The owners of Advanced Environmental Recycling Technologies Inc. were concerned that the city would change their property's zoning from industrial-use to retail-office. AERT recently bought property near the future Town Center of Lowell. The land around that site will be zoned retail-office, under the long-range plan.

The facility will do some preliminary plastics handling at the site. Grinding and blending will be the key operations at the facility. The facility also will include some film cutting and other types of processing operations. "We expect to be in full scale operation before the end of the summer season," said a spokesman for AERT. 

Matthews resolved the issue with a compromise, by assuring AERT that the city would not jump in and change AERT's industrial-use zone into a retail-office use zoning.

Tom Kieklak, attorney with Harrington, Miller, Neihouse and Krug, represents AERT.

In addition, Bill Neil, a longtime Lowell resident and real-estate agent who serves on the steering committee, suggested leaving the zoning designation unchanged. One reason is that its location, near the railroad tracks and partially in a flood plain, would be difficult to develop for retail-office, he said.

Matthews asked Kieklak, "Would it ease your client's angst if we (made a motion and) included a statement that the city ... doesn't plan to change from the present industrial use?"

Matthews said that the committee's statement would include a provision indicating that the city recognizes an extant business is there, and the business has a legitimate, authorized industrial use.

A key phrase in this "grandfather clause" provision would address the situation if the business "ceases to operate." Then, the grandfather clause would be void and the land could be rezoned to retail-office, Matthews said.

The motion was approved, 8-1. Neil opposed it.

The steering committee will make its recommendation to the Lowell Planning Commission and City Council about the long-range plan for Lowell. If the council supports the long-range plan, it will adopt the proposal through ordinances. The Morning News (Springdale, Ark.)