JOPLIN, Mo. —
Current residents of Highview Avenue, south of 20th Street, won a battle Monday night when the Joplin City Council denied commercial zoning for residential lots on the east side of the street.
The war may not be over, though.
With some council members backing off the commercial request in part because the rezoning requests were speculative, the issue could resurface if a buyer comes along offering a specific development plan for the land in question.
Protection of existing or returning homeowners and of neighborhoods versus the city’s long-term use plan for that property were the major points debated in the extensive discussion that took place.
Four owners of property on the east side of Highview Avenue sought commercial rezoning: Norma Hammer, 2019 S. Highview Ave.; Steven Noland, 2023 S. Highview Ave.; Leon O. Noland, 2101 S. Highview Ave.; and Brandi Rogers, 2121 S. Highview Ave.
Mayor Mike Woolston said it is the first of what likely will be a number of similar zoning issues that crop up as the city rebuilds from the May 22 tornado. Converting some residential properties to commercial or mixed-use districts on Highview Avenue, 20th Street and South Main Street was among the recommendations of the Citizens Advisory Recovery Team, which created a set of recommendations for storm restoration.
City Planner Troy Bolander told the council that the lots in question are larger than most typical lots, ranging in size from three-quarters of an acre to 1 1/4 acres. He said the city’s comprehensive plan, which was last approved in 2005, calls for that land to be converted to commercial use as an extension of the Range Line Road business district.
Tom Noland, a relative of the Nolands who is representing three property owners on the zoning issue, told the council that the lots would allow larger commercial ventures or several smaller ones. Some of the neighbors had objected to the proposal because of concerns about increased traffic, and Noland said the city could limit entrances and exits, or confine them to Range Line.
He contended that the property owners’ decision to seek commercial zoning was made before any neighbors rebuilt or started rebuilding.
Don Wills, 2104 S. Highview Ave., contested Noland’s contention. He said a building permit was obtained by one of his neighbors before the proposal came to light.
“I don’t want to look out my front door at a machine shop or a (taco) restaurant,” Wills said. “There is no buyers” for the lots in question, he said. “They are just wanting the opportunity, and who’s to say what they are going to put in there” if the zoning were granted. He questioned why a few landowners should be allowed to cash in by selling for a commercial price at the expense of other homeowners.
Dr. Keith Grebe, 2736 E. 15th St., said rezoning would cause homeowners on the west side of Highview Avenue to relocate, and then the commercial use would continue to expand into the neighborhood. He said the city should provide a buffer between business use and neighborhoods, and that the city should have a uniform plan for how far commercial zoning will be allowed to encroach along the length of Highview Avenue. Currently, there are variances.
Residents need assurances as to whether their home investments are safe or where business development will be allowed to take place, Grebe said. He told the council this was his 27th appearance fighting Range Line encroachment on the neighborhoods.
Councilman Benjamin Rosenberg said he believes there needs to be a buffer because a number of homes already have been rebuilt in the area. He said the council was being asked to approve “pure speculative zoning” when the panel has to do what’s best for the whole community. Tom Noland disputed the characterization that the zoning was speculative.
Councilman Michael Seibert said granting a planned district zoning would allow the council to see that a buffer is put in place.
Councilman Bill Scearce said he is concerned about how far north the Highview Avenue redevelopment would extend. “Once you start it, where do you stop it?” he said.
“My concern still goes out to the residents,” said Councilman Gary Shaw. “If the tornado had not happened, we would have fought hard for the residents,” unless the council could ensure an adequate cushion between the neighborhood and an expanded business district.
Councilman Jack Golden said he can understand why some residents wish to rebuild. Some insurance policies pay them more to rebuild on the same site than if they move elsewhere, as much as 25 percent of the value of the original house, he said.
The council voted 7-2 on motions by Rosenberg to deny the zoning requests. Woolston and Seibert voted against the denials.
Tom Noland told the council when the fourth property came up for consideration, “I heard what you’ve said.” He said he would come back when the property owners have a buyer with a specific development proposal.
May 2011 Joplin tornado
Council denies Highview rezoning
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