CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

AGENDA TITLE:  Adopt an Ordinance amending the Zoning Chapter, Section 28-51, and Article VI, of the Texarkana, Arkansas Code of Ordinances to regulate micro-businesses. (PWD-Planning)

 

AGENDA DATE:  04/04/2016

ITEM#:  13

DEPARTMENT:  Public Works Department-Planning

DATE SUBMITTED: 03/22/16

PREPARED BY:  Carl Teel

SUBJECT:  Additions to Texarkana Municipal Code for regulation of Micro-businesses

EXHIBITS:  Ordinance and Planner memo

APPROVAL: 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY:  The Board of Directors in a previous meeting added the definition of micro-business to our Municipal Code.  Therefore, this ordinance is for the purpose of adding the regulations of the same by amending 1) Section 28-51 of the Texarkana Municipal Code zoning chapter regarding micro-businesses; and 2) Section 28:22 zoning land uses. Several public discussions involving several meetings were held by the Planning Commission and then moved for action on March 8, 2016.  At that time, the amendment was approved by all present members voting for it.

 

BOARD ACTION: The Planning Commission has approved these additions and requests the same from the Board of Directors.  No opposition has been received up to this point.

EMERGENCY CLAUSE: An emergency clause is not requested.

 


ORDINANCE NO. _________

 

AN ORDINANCE AMENDING THE ZONING CHAPTER, SECTION 28-51, ARTICLE VI, OF THE MUNICIPAL CODE OF THE CITY OF TEXARKANA, ARKANSAS TO REGULATE MICRO-BUSINESSES.  

 

WHEREAS, the Board of Directors of the City of Texarkana, Arkansas, desires to revise the regulations of the zoning code to regulate micro-businesses; and

WHEREAS, the Planning Commissioners, after a public hearing, have certified their approval of the attached text additions;

NOW THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas that the Texarkana, Arkansas Code of Ordinances is hereby amended to add the following to the Zoning Chapter 28, Article VI, Sec. 28-51 Supplemental provisions:

Regarding micro-businesses:  

a.       required frontage for all micro-businesses shall be no less than one hundred feet (100’);

b.      no more than three (3) parking spaces are allowed;

c.       businesses shall have a staff limit of no more than two (2) personnel;

d.      unmanned businesses are allowed;

e.       driveway density shall conform to C-1 requirements;

f.       minimum square footage is ten thousand feet (10,000’)

g.      a minimum of sixty feet (60’) is required for stacking vehicles. 

h.      Micro-businesses may be located in all commercial zones as a conditional use. 

PASSED AND APPROVED this 4th day of April, 2016

 

 

__________________________

Ruth Penney Bell, Mayor

 

 

ATTEST:

 

 

 

____________________________

Heather Soyars, City Clerk

 

APPROVED:

 

_____________________________

George M. Matteson, City Attorney

 

 

 

 

 

 

 

CITY OF TEXARKANA, ARKANSAS

DEPARTMENT OF PUBLIC WORKS

216 WALNUT STREET TEXARKANA, AR 71854-6024

P.O. BOX 2711 – TEXARKANA, AR 75504-2711

PHONE (870) 779-4971 – FAX (870) 773-2395

MEMORANDUM

TO:                       Dr. Kenny Haskin, City Manager

FROM:     Carl Teel, City Planner and

    Mary L. Beck, Assistant Planner

 

SUBJECT:         Board of Directors Meeting Agenda item for 04/04/2016

                          Request by planning staff to amend

                             the Texarkana, Arkansas Code of Ordinances to regulate micro-businesses.

 

DATE:

March 22, 2016

 

 

 

Request:

Amendment for regulating Micro-businesses- Consider and take action on amending and adding regulations to the Texarkana Municipal Code Zoning chapter in Sec. 28-51 Article VI and 2) Sec. 28:22 Article III zoning land uses. (Ordinance Attachment included)

 

   

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

Micro-businesses represent a new trend of business development   leveraging limitation of ground space with new technology.  As a result, this has produced innovations in certain types of commercial operations that utilizes internet delivery of products and services to its customer base. The City of Texarkana, Arkansas will be on the forefront of this new wave of business development with the adoption of these Ordinance amendments.  The staff and Planning Commission see the benefit of these amendments and therefore recommend their approval.

 

CONFORMANCE WITH APPLICABLE ORDINANCES AND/OR STATE STATUTES:

 

The Arkansas Code of 1987 Annotated 14-56-301 to 14-56-306 grants municipalities powers of the first class to regulate zoning and building codes for structures within the City limits.

 

OPPOSITION TO ZONING ORDINANCE TEXT AMENDMENT:

                           No opposition has been voiced to this point.

           

 

 

 

 

 

 

Planning Commission Recommendation:

 

Chairman Randall Hickerson made the motion which was seconded by Commissioner

Thomas Scott to approve the amendment as proposed.  The motion was passed on a

voice vote of 6 to 0 with one vacancy. This item is now passed to the Board of

Directors for final action.

 

 

 

 

 

 

 

ADDITIONAL ACTION BY CITY BOARD OF DIRECTORS:

 

The City Board of Directors could consider the Planning Commission's recommendation if after due process it is recommended by certification of the Planning Commission:   approve or deny the ordinance required to amend the text of the zoning ordinance.  The Arkansas Code of 1987 Annotated requires every ordinance be read three (3) times before adoption.  These three readings may all occur at the same meeting or at the second and third subsequent meetings after the first reading of the ordinance.

 

Planning Commission Recommendation

In order to assist development of commercial enterprises to reduce the initial cost of commercial development where appropriate the following regulations are proposed for consideration and are recommended by the Planning Commission for approval. (Proposed Ordinance to the City Board of Directors is attached)     

 

a.    required frontage for all micro-businesses shall be no less than 100’;

b.    no more than 3 parking spaces are allowed;

c.    businesses shall have a staff limit of no more than 2 personnel;

d.    unmanned businesses are allowed;

e.    driveway density shall conform to C-1 requirements

f.     Minimum square footage is 10,000’

g.    Minimum of 60’ required for stacking vehicles. 

h.    Micro-businesses may be located in all commercial zones as a conditional use. 

 

 

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