CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Adopt an Ordinance to amend Tri-State Iron & Metal Co., Planned Unit Development (PUD).  (PW-Planning)

 

AGENDA DATE:  01/03/2017

ITEM#:12

DEPARTMENT:  Public Works Department – Planning Division

 

DATE SUBMITTED: 12/12/2016

 

PREPARED BY:  Mary Beck, Assistant Planner

 

SUBJECT:  Request to amend Tri-State Iron & Metal Co. Planned Unit Development (PUD), created by Ordinance L-183 in November of 2004 and amended by Ordinance L-337 in October of 2008.

 

EXHIBITS: Ordinance, Assistant Planner’s memo, amended plat, appendix A & exhibit B – PUD overlap (legal descriptions), and a location map.

 

APPROVAL:

 

 

EXPENSE REQUIRED $0.00

 

AMOUNT BUDGETED: $0.00

 

APPROPRIATION REQUIRED:  $0.00

 

SUMMARY: An application by Tri-State Iron & Metal Co., an Arkansas corporation, agent Kirk Patton, engaged in the business of metal shredding and scrapping and processing of recycled commodities to amend the existing Tri-State PUD in the following manner: 1) delete .332 acre of land from the existing plat; 2) relocate and expand an existing maintenance building; 3) install an electric pedestal crane. The property is located at 1725 E. 9th Street.  Amendments to the buildings and/or any operations of Planned Unit developments are required to be approved 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 Boots Thomas, 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 amend Tri-State Iron & Metal Planned Unit Development.      

 

 

 

 

ORDINANCE NO. _________

 

AN ORDINANCE AMENDING ORDINANCE NO. K-286, AS AMENDED BY ORDINANCE NO. L-183, AS FURTHER AMENDED BY ORDINANCE NO. L-337; AND FOR OTHER PURPOSES.

 

WHEREAS, Ordinance No. K-286, was amended by Ordinance No. L-183, and further amended by Ordinance No. L-337 to provide for a Planned Unit Development (the “PUD”) as more specifically provided therein; and

WHEREAS, application has been made to further amend said PUD to:  (1) delete .332 acres of land from the existing boundaries thereof; (2) relocate and expand and existing maintenance building; and (3) install an electric pedestal crane; and

WHEREAS, the revised boundaries of said PUD (including legal description excepting 0.332 acres from the original PUD boundaries), relocated and expanded existing maintenance building and electric pedestal crane are all set out and shown on the proposed plat prepared by Hall Surveying and Engineering, Inc., attached hereto and made a part hereof entitled (REVISED) PLANNED UNIT DEVELOPMENT PLAT dated August 2, 2016; and

WHEREAS, any amendments to the initial approval must be accomplished by the same process as originally approved by the Board of Directors; and

WHEREAS, the Planning Commission, after proper notice, conducted a public hearing on November 9, 2016, at which representatives of the applicant successfully 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 amendment be approved;  

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

SECTION 1:  Ordinance K-286, as amended by amended by Ordinance No. L-183, and as further amended by Ordinance No. L-337 to provide for a Planned Unit Development (the “PUD”) is further amended to revise the boundaries of said PUD in order to remove there from 0.332 acres of land; allow for the relocation and expansion of an existing maintenance building; and, allow for the installation of an electric pedestal crane – all as set out and depicted upon the plat prepared by Hall Surveying and Engineering, Inc., attached hereto and made a part hereof entitled (REVISED) PLANNED UNIT DEVELOPMENT PLAT dated August 2, 2016.

SECTION 2:  Without limiting the generality of Section 1 above, the 0.332 acres of real property being removed from the PUD is specifically described as follows:

 

SECTION 3:  Except as specifically set forth herein, the PUD, as originally created and heretofore amended remains unmodified, and in full force and effect. 

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

 

 

________________________

Ruth Penney Bell, Mayor

 

 

ATTEST:

 

______________________

Heather Soyars, City Clerk

 

 

APPROVED:

 

______________________

George 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 9, 2016

SUBJECT:             Board of Directors Agenda Item for 01-03-2017 meeting – Request by Tri-State Metal & Iron Co., agent Kirk Patton, 1725 E. 9th Street, Texarkana, Arkansas 71854-5582 to amend the Tri-State Iron & Metal Co. Planned Unit Development (PUD).  

LEGAL DESCRIPTION:

 

PT of the SE ¼ of the SW ¼ of Section 20, T. 15S., R. 28W., Miller County, Arkansas, &  all of Lots 5 through 19 of HUDGINS SECOND SUBDIVISION, & 25A and Lots25 through 30 of HILL TOP ADDITION, & certain portions of the North Half of East 12th Street, East 13th Street, Walker Street, Scott Street and a 16 ft. alley in said Hudgins Second Subdivision; all in Texarkana, Miller County, Arkansas; and certain portions of former Missouri-Pacific Railroad rights-of-way; and is described more particularly by metes and bounds (see attachment Appendix A, save and except Exhibit B), and contains 18.532 acres more or less.

 

REASON FOR REQUEST:

 

 

Board review and approval is required for any changes in equipment, building locations, land use, boundaries or hours of operation for Planned Unit Developments.  The requested changes are:

1)    A reduction in land of .332 acres from the current PUD;

2)    Relocation and expansion in size of an existing maintenance building located on the property;

3)    Authorization to install an electric pedestal crane with additional safety features.          

 

EXISTING LAND USES:

 

 

Site:    

Operational location for Tri-State Iron & Metal Co.

 

North:

Commercial & Vacant

 

South: 

Commercial

 

East:

Commercial, Industrial & Residential

 

West:

Railroad, Utility transmissions, Commercial & Vacant land

 

EXISTING ZONING:

 

 

Site:    

Planned Unit Development

 

North:

C-3 Open-display Commercial and R-3 Low-density Residential

 

South: 

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

 

East:

W-1 Wholesale & Warehousing and R-3 Low-density Residential

 

West:

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

 

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 and R-3 Low-density residential.  The amended PUD has 50’ setbacks for building lines where it abuts residential zoning as required in industrial zones.  The industrial use of this property spans recent decades and takes advantage of the convergence of rail and highway intersections for maximum transportation benefits.    

 

 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 82 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 Mr. Boot Thomas, 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 amend Tri-State Metal Planned Unit Development by conditions listed under Board Action Requested:

 

 

 

 

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 amending Tri-State Metal Amended Planned Unit Development (PUD),
  2. Approval includes a reduction in land size by .332 acre;
  3. Relocation and expansion of an existing maintenance building;
  4. Installation of a new electric crane;
  5. No emergency clause is applicable.

Enclosure:     Location Map (PC2016013.DOC)

 

 

 

 

 

 

 

 

 

 


 


 

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