CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Adopt an Ordinance rezoning property located in the 400 block range of Rondo Road from R-1 Rural Residential to PUD – Planned Unit Development in order to open and operate a dog training facility. (PWD-Planning)

AGENDA DATE: 08/01/2016

ITEM#:  11

DEPARTMENT: Planning Division, Public Works Department

DATE SUBMITTED: 07/19/2016

PREPARED BY:  Carl Teel, City Planner

SUBJECT:  Herbert Wren-Executor rezoning 22 acres more or less from R-1 to Planned Unit Development (PUD)

EXHIBITS: Ordinance; City Planner’s Memorandum, Location Map, Site Plan, Legal Description, and Zoning Proposal.

APPROVAL: 

 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY: Herbert A. Wren-Executor (and representatives Greg Milhorn and Lawson Barker) seek to rezone a parcel of 22 acres more or less from R-1 to a Planned Unit Development (PUD) zone in order to operate a dog-training facility and business. The Planning Commission has reviewed the plans and considered all comments and input from the applicant as well as the adjoining property owners. Consensus was reached with the Planned Unit Development (PUD) zoning as this gives the City an additional layer of oversight and the adjoining property owners’ additional protection as well. The property is located in the 400 block range of North Rondo Road and is legally described as: PT N/2, S/2, 26-15-28, Texarkana, Miller County, Arkansas. The legal notice was published in the Texarkana Gazette on May 29, 2016, and 16 adjacent property owners who fell within 300 feet of the land applying for rezoning were notified by mail.       

BOARD ACTION:  The City Manager and staff recommend board approval.

EMERGENCY CLAUSE:  No emergency clause is 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 property located in the 400 block range of Rondo Road be rezoned from R-1 Rural Residential to PUD – Planned Unit Development, said property being more specifically described below:

 

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, that the above described property is rezoned from R-1 Residential to PUD – Planned Unit Development, with the following conditions:

1.     A plat concerning said property prepared by Lynch Surveying Co., Inc., (Sheet No 1, dated “Jun 2016[,]” no revisions indicated, signed June 14, 2016, Job No. 12959), as supplemented by an illustration entitled “REZONING” (numbered PC-2016-004, prepared by the Planning Division – Public Works Department, City of Texarkana, Arkansas) (said plat and illustration are hereinafter collectively referred to as the “Plat”) showing the existing boundaries of the property, existing and permitted public and private streets and driveways, existing and permitted buildings, existing and permitted buildings and other features and all other existing property and adjacent property features are attached hereto, incorporated by reference and approved and on file with the City Clerk and the Texarkana, Arkansas, Public Works Department.  Although no other buildings, other than those shown on the Plat or specifically permitted by this Ordinance are allowed, it is specifically noted that the side setbacks are twenty feet each and rear setback is twelve feet.

2.     The property will be used as a facility for the training of up to twenty Labrador Retrievers at a time.

3.     The existing structure identified as “Metal Barn” on the Plat will be enclosed and renovated (in accordance with applicable building code), and, further, at a minimum:

a.      be heated and cooled throughout;

b.     contain finished grade concrete throughout;

c.      contain an office area, a restroom area (including commode, sink and shower);

d.     contain a grooming room;

e.      contain a whelping room (for separation of puppies from other dogs) with a six inch line for waste disposal into an underground line leading or attached to lines leading to sewer or on-site septic facilities; and

f.      contain up to twenty dog kennels not smaller than five feet wide, ten feet long and six feet high, and each equipped with a six inch line for waste disposal into an underground line leading or attached to lines leading to sewer or on-site septic facilities.

4.     The normal operating hours of the business will be Monday through Friday, 8:00 AM to 5:00 PM, though incidental and necessary operation outside of those hours is permitted from time-to-time.

5.     Subject to public safety needs and requirements, parking along the asphalt drive shown on the Plat shall be permitted.

PASSED AND APPROVED this 1st day of August, 2016

 

 

 

_____________________________

Ruth Penney Bell, Mayor

 

ATTEST:

 

________________________________

Heather Soyars, City Clerk

 

APPROVED:

 

________________________________

George M. Matteson, City Attorney


 

 

Clogo1

CITY OF TEXARKANA ARKANSAS

DEPARTMENT OF PUBLIC WORKS

216 WALNUT ST 71854-6024

P O BOX 2711 TEXARKANA ARKANSAS 75504-2711

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

MEMORANDUM

To:                         Dr. Kenny Haskin, City Manager                     

From:                               Carl Teel and Mary Beck, Planning Staff

 

Subject:                  Staff Research and Recommendation/Wren Application

 

Date:                      August 1, 2016

 

REZONING:

The applicant/resident is Herbert A. Wren, Executor, who resides at 420 North Rondo Road, Texarkana, Arkansas. The representative agents are Lawson Barker and Greg Milhorn as operators of the facility and property being considered for rezoning. The applicant’s property for rezoning is legally described as: PT S2; 26-15-28 and has a street address as 400 North Rondo Road, Texarkana, Arkansas. The applicants are seeking to rezone this property to convert part of the farm land for commercial use in order to open and operate a dog training facility. The applicant is seeking a zoning change from R-1 to Planned Unit Development (PUD).

 

Existing Land Uses:

The Land under consideration is currently zoned R-1 and the existing land uses include:  On the site proper is a Barn facility identified for renovating into a dog training facility; on the North side is Vacant and Residential zoned R-1; the South side is Vacant and Residential zoned; the East side is Vacant and Residential; on the West side is Vacant and Residential.

 

Existing Zoning:

The existing zoning that covers the application area includes on the site proper is R-1 Rural residential district; on the North side is partially R-1 Rural residential district; on the South side is R-1 Rural residential district; on the East side is R-1 Rural residential district; and on the West side is R-1 Rural residential district.(See Attachment)

 

Available Utilities:

The Water supply service consists of a 6” Municipal Water main on North Rondo Road.

There is no municipal sewer line available at this location.

There is an existing Fire Hydrant on North Rondo Road approximately 350’ from the property line just north of Prairie Lane.

 

Transportation Network:

The roadway network consists of local streets: North Rondo on the west side of property is classified as a minor arterial.  Just north of this property is a local unclassified street known as Prairie Lane.

 

Compatibility with Existing Development:

 

The parcel under consideration for rezoning is composed of a 22 acre portion of a larger farm parcel of 174.8 acres with three residences of the same family positioned in or near proximity to this location. The land will be dedicated to a planned unit operation and does not represent a conflict in usage for these three families or the surrounding area. 

 

Legal Notification:

The required notice for this application was published in the Texarkana Gazette on Sunday, May 29, 2016 thus complying with the requirements of law.  Additionally, as required by law, the City notified 16 adjacent property owners within the 300 feet of the property under consideration. 

 

Public Response:

One person delivered opposition by email prior to the initial Planning Commission meeting and was read into the record. Additionally, two or three property owners spoke at the first Public meeting of the Planning Commission expressing concerns/reservations about the application. The Planning Commission tabled the request to allow staff more time to research information pertinent to this application.  Staff was able to work with the applicants in order to address the concerns and comments from the adjacent property owners. Staff recommended to the applicants that they should consider amending their application to a Planned Unit Development (PUD). The applicants agreed to do so and in turn they report that neighborhood consensus has been reached with the adjoining property owners. In fact, at the second month’s meeting with the Planning Commission, there were no objections raised or voiced.

 

Additional Action by the Board of Directors and the Planning Commission:

Upon initial approval by the Planning Commission this application is now advancing to the Board of Directors at their first regularly scheduled meeting that complies with the legal requirements of public notification which is August 1, 2016. After action by the City Board of Directors, and if approved, the application will return to the Planning Commission for final approval of the Planned Unit Development Comprehensive Plan. 

 

Staff Recommendation:

Based on extensive research and submittals by the applicants, the staff recommends approval of this request to grant the Planned Unit Development (PUD) zoning. Thank-you for your time and consideration.

 

 

 

 

 

REZONING

PC-2016-004

 

Prepared by:

Planning Division - Public Works Department

City of Texarkana, Arkansas

 

 

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