Coleman said to Peden: "The fact that it is a text amendment does not necessarily insulate this court [from] analyzing it [as to whether] it constitutes a case of
spot zoning?"
Joseph George, a resident of the neighborhood for 67 years, said the requested zone changed amounted to
spot zoning.
At a Planning Commission hearing last month, John Pinkstaff, a lawyer for the Springfield landowner, called the proposed language "
spot zoning," and said allowing a VA clinic on the Chad Drive site would draw more traffic than typical industrial-zone use, and so a traffic study would be needed before the language is changed.
After convincing former mayor Ed Koch to rezone the parcel from industrial to mixed use, and battling a lawsuit in court accusing Silverstein and City Hall of engaging in illegal
spot zoning, Silverstein built River Place and Silver Towers, a cluster of sleek glass rental buildings that are home, he said, to a total of 2,200 families.
"Previous decades of
spot zoning and neglect in planning these communities have resulted in an extreme imbalance," said council member Jan Perry, who authored the ordinance.
But Ratigan opposed the plan as "illegal
spot zoning," and Bass also without disclosing her relationship with Barking Dog--"was instrumental" in getting the planning board to come out against the initiative in 2004, according to the federal suit filed by Monadnock View.
Sound town planning cannot allow for the creation of
spot zoning for 100 units in the middle of a single family residentially zoned area.
The Commonwealth Court of Pennsylvania ruled that a township ordinance to rezone a property from a special use district, which permitted shopping centers, to a business park, which did not permit shopping centers, did not constitute invalid
spot zoning.
To combat the proliferation of small shopping areas that has contributed to the deterioration of the downtown area, Pierce and Blankenship said The Alliance and Downtown Development are proposing that the Pine Bluff City Council restrict
spot zoning in the city.
It could be considered
spot zoning and drafted with the intent to keep a single agency off of Main Street.
The company also argued the rezoning was "
spot zoning."