JONESBORO, AR (KAIT) - The Jonesboro City Council is being asked to reconsider its decision in a controversial rezoning case from 2012 after a Craighead County Circuit Court judge found that the council "had acted arbitrarily in rejecting the rezoning," according to a press release from Roy Ockert, the Interim Director of Communications for the city.
On Friday, Mayor Harold Perrin notified Jim Lyons, an attorney for Dean Tyrer, that he would put the issue on the council's agenda for Feb. 16.
Lyons will draft a proposed ordinance to rezone 37.86 acres at 4501 Aggie Road.
The developer's original request was to rezone the property from R-1, which allows for a single family home, to RS-8, which permits construction of up to eight single-family homes per acre.
The Metropolitan Area Planning Commission held a public hearing and unanimously approved the rezoning in a meeting on September 11, 2012, as long as certain conditions were met.
On October 16, 2012, after two readings of the proposed ordinance, the council voted 9-3 against the ordinance.
During that meeting some area homeowners complained about the growing density of housing and the increase in traffic in the neighborhood.
At the time, Tyrer said he would be willing to limit density to 4.23 units per acre and to require each home to be at least 1,100 square feet.
Judge John Fogleman of West Memphis ordered that the case be reversed and remanded the city council.
"This court only has the power to meddle in the affairs of the City of Jonesboro when it acts in an arbitrary, capricious or unreasonable manner," he said.
Fogleman found that the council didn't follow its own requirements for considering a rezoning proposal, including an examination of the Metropolitan Area Planning Commission's criteria for approval.
The judge gave the council 60 days to complete its reconsideration of the proposal.
A similar case involving a rezoning request from James H. and Ina P. Gossett for their property at 4306 and 4310 Aggie Road remains active in Circuit Court.
Fogleman mentioned the case in his order regarding the Tyrer case, but said each case must stand on its own.
The Gossetts want to build multi-family housing on their 6.2-acre tract, but their proposal was rejected by both the MAPC and City Council.
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