Controversial Arcade zoning gets OK
BY ALLEN LUTON
A controversial rezoning request in Arcade was given approval by the town’s city council on Monday night, but not before the matter was mulled long and hard.
The request, made by Raheem R. Budahni, was to rezone less than one acre of land located at 3120 Athens Highway from R-1 (residential) to C-1 (commercial). A portion of the site is already zoned C-1, and Budahni was attempting to get the entire property within the commercial zoning in order to potentially put some type of business at the location, he has stated in the past.
Several nearby residents have opposed the request, citing possible noise problems and the potential for well contamination as the primary concerns. The matter was tabled during last month’s meeting following a public hearing in which those concerns were heard.
The Arcade council opted to approve the request Monday night, in part, because Budahni has repeatedly threatened lawsuit if denied. He was not in attendance for Monday’s meeting at city hall.
Although approval was given, several conditions were placed on the site including what was said to be a strict noise restriction, a ban on commercial and overnight parking (from 10 p.m. until 7 a.m.), and strict enforcement of the land use management code.
Council members were concerned that if they denied the request Budahni would ultimately prevail if the matter was taken to court. However, by placing the conditions on the approval they hope to have protected the concerned residents in the area, as well as avoided any legal trouble.
“I do not want it to become a nuisance to the existing residents,” Arcade Mayor Doug Haynie said. “That is absolutely not what we want to do.”
The Quad Cities Planning Commission also heard the request recently and denied it, despite the planning director’s recommendation for approval.
Council member Ron Smith pointed out Monday night that any potential plans Budahni has for the site are irrelevant. Ultimately the city council was only responsible for deciding the zoning for the site during Monday’s meeting.
“You’re not approving a plan, you’re approving a zoning,” Smith explained.
Smith motioned to approve the request with the conditions and council member Cindy Bone seconded the move before a 4-0 vote was taken. Council member Polly Davis did not take part, as she was not in attendance Monday night.
