CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Adopt an Ordinance approving the rezoning of W-1 Wholesale and Warehousing and C-3 Open-display Commercial to a Planned Unit Development (PUD) located in the 1600 block of E. 9th Street to allow development of an auto parts resale business including sales of recycled metal and wood products operating in conjunction with the adjacent Tri-State Metal recycling business.  (PW-Planning)

 

AGENDA DATE:  01/03/2017

ITEM#:11

DEPARTMENT:  Planning Division – Public Works Department

 

DATE SUBMITTED: 12/08/2016

 

PREPARED BY:  Mary Beck, Assistant Planner

 

SUBJECT:  Rezoning of W-1 Wholesale and Warehousing and C-3 Open-display Commercial to a Planned Unit Development (PUD) located in the 1600 block of E. 9th Street to allow development of an auto parts resale business including sales of recycled metal and wood products operating in conjunction with the adjacent Tri-State Metal recycling business.

 

EXHIBITS: Ordinance, Assistant Planner’s memo, PUD plat, appendix A legal description and location map.

 

APPROVAL:

 

EXPENSE REQUIRED $0.00

 

AMOUNT BUDGETED: $0.00

 

APPROPRIATION REQUIRED:  $0.00

 

SUMMARY: An application by TSIMCO RP, LLC, Agent Kirk Patton, to rezone property legally described as PT of SE1/4 , SW1/4, Sec. 20, T.15S, R. 28 W. and Lots 1-7 & 10-14 of HAROLD’S ADDITION, Texarkana, Miller County, AR containing 4.278 acres +/- from W-1 Wholesale and Warehousing & C-3 Open-display Commercial to a PUD.  The proposed business will sell parts from scrapped vehicles, as well as recycled metal and wood products.  Hours are 7 a.m. to 7 p.m. Mon. through Sat. & noon to 7 p.m. on Sunday.  The property is located in the 1600 Block of E. 9th Street.  Any future change to hours, buildings or operations must be amended by the Board of Directors.  Initial public response expressed concerns that were addressed by the applicants in October and November Planning Commission meetings.  The Planning Commission certifies recommendation with a motion to approve by Commissioner Bertha Dunn, seconded, by Commissioner Jason Dupree, approved by roll call vote of 4-0 with two absent and one vacancy. 

BOARD ACTION:  Consider adopting an ordinance to rezone to a Planned Unit Development.   

 

ORDINANCE NO. ______

 

AN ORDINANCE AMENDING ORDINANCE NO. K-286, AS AMENDED, TO CREATE A PLANNED UNIT DEVELOPMENT; 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 the following properties, currently zoned W-1 Wholesale and Warehouse, C-3 Open-display Commercial; and (most recently) PUD Planned Unit Development (as a result of Ordinance No. L-183, as amended by L-337), be rezoned to PUD Planned Unit Development, being more specifically described below:

 

Lots 1-7 and Lots 10-14 of HAROLD’S ADDITION, Texarkana, Miller County, Arkansas,

And,

WHEREAS, the Planning Commission, after proper notice, conducted a public hearing on November 9, 2016, at which representatives of the applicant satisfactorily addressed concerns of attendees and the Planning Commission, thereafter, recommended by a 4-0 vote (with 2 members absent and 1 vacancy) that the proposed PUD be approved;  

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas, that the above described property is rezoned to PUD – Planned Unit Development, with the following conditions:

1.      PUD (Planned Unit Development) PLAT.   A plat concerning said property prepared by Hall Surveying & Engineering, Inc., entitled Planned Unit Development Plat, dated August 2, 2016, no revisions indicated, showing the existing boundaries of the property, existing and permitted public and private streets and driveways, existing and permitted building footprints and physical features in and adjoining the property, topography of the property and other information relevant to the property is attached hereto.  To the extent necessary and proper, the applicant is authorized to proceed with preparation of the final plat in accordance with Section 28-24(c)(3) of the Texarkana, Arkansas, Code of Ordinances.

2.      PERMITTED USES.  The property will be used for the sale of parts from scrapped vehicles (stored thereon) as well as the sale of recycled metal and wood products. 

3.      HOURS OF OPERATION.  The normal hours of operation of the business on said property will be 7 a.m. to 7 p.m., Monday through Saturday, and Noon to 7 p.m. on Sunday.

PASSED AND APPROVED this 3rd day of January, 2017.

 

 

_____________________________

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:                  Dr. Kenny Haskin, City Manager

FROM:                Mary L. Beck, Assistant Planner

DATE:             December 5, 2016

SUBJECT:             Board of Directors Agenda Item for 01-03-2017 meeting – Request by TSIMCO RP, LLC, agent Kirk Patton, 1725 E. 9th Street, Texarkana, Arkansas 71854-5582 to rezone property from W-1 Wholesale and Warehousing to a Planned Unit Development (PUD).  

LEGAL DESCRIPTION:

 

The property is legally described as PT SE1/4, SW1/4, Section 20, T. 15S., R. 28W., and all of Lots 1 through 7 and Lots 10 through 14 of Harold’s Addition and two platted rights of ways of Harold’s Addition, Texarkana, Miller Co., Arkansas and contains 4.278 acres more or less.     

 

REASON FOR REQUEST:

 

 

The mixed use of recycling and commercial sales is not covered entirely by any single land use or existing zoning district in the Municipal Code, therefore a Planned Unit Development (PUD) is a needed solution to incorporate the intended land usage.  Board of Director approval is needed for all rezonings as they are a change to the ordinance.  In the application of request for a Planned Unit Development, and plat approval and conditions for operation also required Board review and approval.           

 

EXISTING LAND USES:

 

 

Site:    

Storage and vacant

 

North:

Recycling operations and warehousing

 

South: 

Commercial businesses

 

East:

Commercial businesses

 

West:

Railroad and utility transmissions

 

EXISTING ZONING:

 

 

Site:    

W-1 Wholesale and warehousing & C-3 Open-display Commercial

 

North:

Planned Unit Development and W-1 Wholesale and warehousing

 

South: 

C-3 Open-display Commercial

 

East:

Planned Unit Development

 

West:

Railroad and utility transmissions

 

AVAILABLE UTILITIES:

 

Municipal Water:

 

8” in E. 9th Street

 

 

Municipal Sanitary Sewer:

6: in E. 9th Street

 

TRANSPORTATION NETWORK:

 

 

Local Street(s):

None

 

 

 

 

Collector Street(s)

None

 

 

 

 

Major Arterial Street(s)

E. 9th Street

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

 

The property is located on a principle arterial street and is adjacent to C-3 Open-display Commercial, W-1 Wholesale and Warehousing and Planned Unit Development industrial land uses.   The added commercial land use added to ongoing recycling on the adjacent property is seen as compatible to land uses at this location.   

 

 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.

(2)                    

(3)                   (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.

 

(4)            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.

 

(5)            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.

 

(6)            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.

 

(7)            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.

 

PUBLIC NOTICE:  Published in Texarkana Gazette, Sunday, September 25, 2016 and in the Sunday, October 23, 2016 editions; and 82 letters of notification were sent to property owners as required prior to the October meeting.       

 

OPPOSITION:

Staff received numerous inquiries and high attendance at the October meeting as a result of notification letters mailed to property owners for the combined requests of rezoning of the property in the 1600 block and a request for an amendment to the existing Planned Unit Development property (Tri-State Metal recycling) at 1725 East 9th Street.  The items were tabled due to additional utility information being requested by staff.  Two independent citizens, Calvin Clark and Doris Roberts attended the November meeting.  They voiced concerns about noise and operation hours.  Mr. Howard Glick and his attorney Kirk Patton addressed those questions to the satisfaction of the attendees.       

                                    

PLANNING COMMISSION RECOMMENDATION:

 

 

The Planning Commission met on November 9, 2016, to consider the request and make a recommendation.  On a motion by Ms. Bertha Dunn, seconded by Mr. Jason Dupree the Planning Commission certifies a recommendation for approval by a roll call vote of 4-0 with two absent, and one vacancy in order to create a Planned Unit Development by rezoning property currently zoned at W-1 Wholesale and Warehousing.  The property is legally described as PT SE1/4 of the SW1/4, Section 20, T., 15W., R. 28W., and Lots 1-7, and Lots 10-14, including ROW, Harold’s Addition, Texarkana, Miller Co., Arkansas.

 

 

 

 

Randall Hickerson, Chairperson

George Coker, Vice-Chairperson

Absent

Yes

 

 

Bertha Dunn

Yes

 

 

Boots Thomas

Jason Dupree

Thomas Scott

Vacancy

Yes
Yes

Absent

 

 

BOARD ACTION REQUESTED:

 

 

The Board action requested is as follows:

 

  1. On January 3, 2017, consider adopting an ordinance creating a new Planned Unit Development (PUD),
  2. Approval includes the layout of the proposed business as shown on the plat;
  3. Approval includes the operation hours 7 a.m. to 7 p.m., Monday through Saturday & from noon to 7 p.m. on Sunday.
  4. No emergency clause is applicable.

Enclosure:     Location Map (PC2016014.DOC)

 

 

 

 

 

 

 

 

 

 


 


 

 

 

 

REZONING

PC-2016-014

 

Prepared by:

Planning Division - Public Works Department

City of Texarkana, Arkansas

 

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