CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Adopt an Ordinance rezoning the property located at 522 East 4th Street from W-1 Warehouse and Wholesale to O-1 Office Quiet. (PWD-Planning) (Third Reading)

AGENDA DATE:  August 1, 2016 – Third Reading (07/18/2016 – Second Reading; 07/05/2016 – First Reading)

ITEM#:  10

DEPARTMENT:  Planning Division, Public Works Department

DATE SUBMITTED:  06/15/2016

PREPARED BY:  Mary Beck, Assistant Planner

SUBJECT:  George & James Lavender rezoning from W-1 Warehouse and Wholesale to O-1 Office Quiet.  The property is located at 522 E. 4th Street. 

EXHIBITS:  Ordinance, City Planner's Memorandum, & Location Map (PC2016005.doc)

APPROVAL: 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY:  Mr. James and Mr. George Lavender intend to transfer property to St. Edwards Catholic Church and want to match the zoning of the church for accessory activities to be held there.  The O-1 Office Quiet commercial zone is seen to be very appropriate at this location for the intended purposes and is more compatible with existing adjacent land usage of public buildings and residences.  The requested zoning is in keeping with the City’s Long Range Comprehensive Development Plan.  The required public notice was placed in the Texarkana Gazette on May 29, 2016 and the City staff notified nineteen (19) property owners within three-hundred feet as required by City ordinance.  The request has not been opposed to date.  The commission voted 5-0 to approve with one (1) absent and vacancy. 

 

BOARD ACTION:  The City Manager, and staff recommend board approval and the Planning Commission certifies their recommendation for approval.

EMERGENCY CLAUSE:  Not requested.

 

ORDINANCE NO. ______

 

AN ORDINANCE AMENDING ORDINANCE NO. K-286, AS AMENDED; AND FOR OTHER PURPOSES.

WHEREAS, an application to amend the Land Use Plan was filed with the Planning Commission of the City of Texarkana, Arkansas, requesting that Lots 1, 2 & 3, Block 56 ORIGINAL CITY SUBDIVISION, Texarkana, Miller County, Arkansas, containing 0.472 acres more or less be rezoned from W-1 Warehouse and Wholesale to O-1 Office; and

WHEREAS, the Planning Commission, after public hearing, has approved said application and recommended that the Board of Directors of the City of Texarkana, Arkansas, adopt the ordinance affecting said rezoning request; and

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas:

Ordinance No K-286, as amended, should be amended to rezone the Lots 1, 2 & 3, Block 56 ORIGINAL CITY SUBDIVISION, Texarkana, Miller County, Arkansas, containing 0.472 acres more or less, from W-1 Warehouse and Wholesale to O-1 Office. 

PASSED AND APPROVED this 1st day of August, 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 71854-6024

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

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

MEMORANDUM

TO:                      Kenny Haskins, City Manager

FROM:                 Mary Beck, Assistant Planner

DATE:                 June 15, 2016

SUBJECT:           Board of Directors Agenda Item for 07-05-2016 meeting –

                            George & James Lavender rezoning at 522 E. 4th Street.                

 

  REQUEST:

 

REZONING - Request by George and James Lavender to rezone 522 East 4th Street.  The purpose of rezoning is to conduct activities that are accessory uses to a church.

 

LEGAL DESCRIPTION:

 

The property is legally described as Lots 1, 2 & 3, Blk. 56, ORIGINAL CITY SUBDIVISION, Texarkana, Miller County, Arkansas containing .472 acres more or less.

 

REASON FOR REQUEST:

 

 

The property owners wish to convey property to Saint Edwards Church that will serve accessory usage.      

 

EXISTING LAND USES:

 

 

Site:    

 

Vacant commercial/industrial building

 

North:

Public building (Miller Co. Courthouse)

 

South: 

Vacant residential and vacant lot

 

East:

Residential

 

West:

Residential

 

EXISTING ZONING:

 

 

Site:    

W-1 Warehousing & wholesale

 

North:

O-1 Office and Quiet commercial

 

South: 

W-1 Warehousing & wholesale & C-2 Central Business

 

East:

O-1 Office and Quiet commercial

 

West:

W-1 Warehousing & wholesale

 

AVAILABLE UTILITIES:

 

 

Municipal Water

8” in Ash Street

 

 

 

 

Municipal Sanitary Sewer

 

 

 

8” in East 4th Street

                                Fire Hydrant:                                

Approx.  350’ N

Approx.  540’ S

 

TRANSPORTATION NETWORK:

 

 

Local Street(s):

Ash Street

East 4th Street

 

 

 

 

Collector Street(s):

None

 

 

 

 

Major Arterial Street(s):

None

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

The site is composed of a vacant industrial/commercial building on 3 contiguous lots fronting east 4th Street.  The industrial zoning in the area is slowing being out grown and replaced by more residential friendly land uses.  The O-1 zoning that covers several blocks works well with the many churches in the immediate area and public building such as the Miller County Courthouse across 4th Street and Patrick Ahern Museum located a block to the west.  No adverse impact is anticipated from this zoning change as it is a more restrictive zone than the existing industrial zone. 

 

CONFORMANCE WITH APPLICABLE ORDINANCES AND/OR STATE STATUTES:

 

 

The Arkansas Code of 1987 Annotated (14-56-422 1B) requires the following - “All plans, recommended ordinances, and regulations shall be adopted through the following procedure for adoption of plans and regulations:

 

(1)     (A) The Planning Commission shall hold a public hearing on the plans, ordinances, and regulations proposed under this subchapter.

 

(B) Notice of public hearing shall be published newspaper of general circulation in the city, at least one (1) time fifteen (15) days prior to the    hearing.

 

(2)     Following the public hearing, proposed plans may be adopted and proposed ordinances and regulations may be recommended as presented, or in modified form, by a majority vote of the entire commission.

 

(3)     Following its adoption of plans and recommendation of ordinances and regulations, the commission shall certify adopted plans or recommended ordinances and regulations to the legislative body of the city for its adoption.

 

(4)     The legislative body of the city may return the plans and recommended ordinances and regulations to the commission for further study or rectification, or, by a majority vote of the entire membership, may, by ordinance or resolution, adopt the plans and recommended ordinances or regulations submitted by the commission.  However, nothing in this subchapter shall be construed to limit the city board’s authority to recall the ordinances and resolutions by a vote of a majority of the council.

 

(5)     Following adoption by the legislative body, the adopted plans, ordinances, and regulations shall be filed in the office of the City Clerk.  The City Clerk shall file, with the county recorder of the counties in which territorial jurisdiction is being exercised such plans, ordinances, and regulations as pertain to the territory beyond the corporate limits.

 

The required notice was published in the Sunday, May 29th, 2016 edition of the Texarkana Gazette.  The City notified nineteen (19) adjacent property owners within three hundred feet (300˘) as required by the Texarkana, Arkansas Code of Ordinances.

 

OPPOSITION TO REZONING:

 

 

None to date. 

PLANNING COMMISSION RECOMMENDATION:

 

 

On a motion by Mr. Clyde (Boots) Thomas to approve, seconded by Mr. Thomas Scott, the Planning Commission voted 5-0 to recommend approval of the rezoning:

 

 

 

 

Randall Hickerson, Chairperson

Yes

 

 

vacant, Vice-Chairperson

-

 

 

Thomas Scott

Yes

 

 

Boots Thomas

Bertha Dunn

Yes

Yes

 

 

Jason Dupree

George Coker

Yes
Absent

 

 

BOARD ACTION REQUESTED:

 

 

The Board action requested is to consider an ordinance rezoning the property at 514 - 522 East 4th Street from W-1 Wholesale & warehousing to O-1 Office Quiet Commercial. 

 

The Arkansas Code of 1987 Annotated requires every ordinance be read three (3) times before adoption.  These three readings can all occur at one meeting or at the subsequent second and third meetings after the ordinance is read the first time.  No emergency clause is requested.

Enclosure:    Location Map (PC2016005.DOC)

 

 

 

 

 

 

 

Back to Top            Back to Main Agenda Page