MAPC Will Seek Compliance From Developer
Dr. Ken Beadles, chairman of the Metropolitan Area Planning Commission, will ask that body Tuesday to reaffirm its intention to require developers of the new Bill's Fresh Market at 3605 East Johnson Ave. to comply with planning and zoning stipulations and site development plans.
The commission will meet at 7 p.m. in the Huntington Building, 900 West Monroe.
Jim Pinson, who lives on Sharon Drive, directly behind the store, complained during a commission working session Thursday that Phillips Investment had not provided a 20-foot buffer zone, landscaping and privacy fence as required. Pinson said he had been told the city had decided not to require those accommodations.
Barry Phillips was cited for allowing the store to open without obtaining a certification of occupancy several months ago. A special district judge on May 15 found Phillips innocent of the misdemeanor code violation. City Attorney Phillip Crego said the judge found that the city failed to send Phillips formal notice of the violation within the required five working days.
City officials now are considering a civil lawsuit against Phillips.
Crego said he and Phillips' attorney, Jim Lyons, have been negotiating a solution.
"We anticipate that we will resolve the problem," Crego said Friday afternoon. "In the event we do not reach a settlement, we intend to file a civil action to compel compliance."
Beadles said he would ask the commission publicly to reaffirm its position on the issue and forward that message to the City Council.
The commission also will consider several rezoning issues Tuesday.
Bill Cope has requested approval of rezoning a 2.73-acre lot at 5205 E. Johnson from residential R-1 single family low density district, to commercial C-3, general commercial district. The property is on the south side of Johnson east of Oriole Drive.
City Planner Glenn Batten said he would recommend that the commission deny the proposal because the property is surrounded on three sides by single-family homes.
Commissioners also will consider a proposed rezoning of 25.67 acres on the south side of Keller's Chapel Road from residential R-1, single family low density to R-3, multifamily high density district. Developer Kent Arnold said the property is the old Wiley Smith estate, owned by Betty Smith.
Batten, in recommending approval, said a residential village project could have a positive influence on surrounding properties. The planned Southern Hills Mall will be located nearby.
Among other proposals to be considered Tuesday:
• Tipton Ross requests approval of rezoning from commercial C-5 neighborhood office district and C-3 general commercial district, approximately 2.16 acres to R-3, multifamily high density district for property located on the south side of Lakewood Drive, west of Wood Duck Cove.
• Delta Coleman requests preliminary approval of subdivision plans for Throgmartin Estates Phase IV, containing 12 lots on 4.38 acres. The property is located east of Elizabeth Lane, on the north and south sides of Nathan Drive.
