CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Consider the following:

  1. Adopt an Ordinance to rezone the south side of Arkansas Boulevard in the 1400-1700 blocks from O-1 Office Quiet to C-3 Open Display Commercial zoning district. (PWD-Planning) (Power Point) Interim City Planner Mary Beck
  2. This ordinance requires an emergency clause: An emergency clause requires a separate and distinct vote of the board and is valid only if there is a two-thirds vote of approval by the board. (Hdbk. Const. Amend 7)

AGENDA DATE:  07/05/2017

ITEM#:  13A

DEPARTMENT:  Planning Division, Public Works Department

DATE SUBMITTED:  06/15/2017

PREPARED BY:  Mary L. Beck, Interim City Planner

SUBJECT:  Request to rezone property on Arkansas Boulevard from O-1 Office Quiet to C-3 Open Display Commercial to allow greater business opportunities and adjust for changed traffic patterns in the Long term comprehensive plan of 1988.    

 

EXHIBITS:  Ordinance, Planning Memorandum with location map, Exhibit from 1988 Comprehensive development plan showing business development, and MPO chart comparing 1990 traffic count.

APPROVAL: 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY:  Request by Kenny Haskin, City Manager, to rezone the south side of Arkansas Boulevard in the 1400-1700 blocks from O-1 Office Quiet to C-3 Open Display Commercial zoning district. This area was anticipated to best serve as office space when the Comprehensive Development plan was completed in 1988 but traffic patterns developed differently demonstrated by business and zoning patterns. The Planning Commission considers this action to be beneficial to the business owners to the east of the intersection of Jefferson Avenue & Arkansas Boulevard and to the City for expanded retail development.  The legal description of the property is PT Lot No. 5S, All of Lot No. 6S, Lot No. 7S, Lot No. 8S, & PT Lot No. 9S, Block 3, Bemis Grove Subdivision, Texarkana, Miller County, Arkansas containing 3.80 acres more or less.

 

BOARD ACTION:  City Manager, and staff recommend, and the Planning Commission certifies for approval of this item.

 

EMERGENCY CLAUSE:  Yes. A conditional use permit is being applied for through the Planning Commission and is dependent on rezoning for 1600 Arkansas Blvd., Suite 200.

 

 

ORDINANCE NO. ______

AN ORDINANCE AMENDING ORDINANCE NO. K-286, AS AMENDED; DECLARING AN EMERGENCY; 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 land be rezoned from O-1 Office Quiet to C-3 Open Display Commercial zoning district:

 

LEGAL DECRIPTION

 

The West 104.60 feet of the South 202 feet of Lot Numbered Five (5), the South 203 feet of Lot Numbered Six (6), the South 208 feet of Lot Numbered Seven (7), the South 212 feet of Lot Numbered Eight (8), and East 154 feet of the South 212 feet of Lot Numbered Nine (9) all in Block Three (3) of BEMIS GROVE, a subdivision of the SE ¼ SW ¼ and the W ½ SE ¼ SW ¼ of Section 8, Township 15 South, Range 28 West, Miller County, Arkansas, according to the map thereof recorded in Vol. 74, Page 87, of the Plat Records of Miller County, Arkansas and more particularly described as:  Beginning at a point in the South Line of Block 3 of Bemis Grove subdivision located 154 feet west of the Southeast corner of Lot 9, Block 3 of BEMIS GROVE subdivision, Thence North 212 feet to the south line of Arkansas Boulevard, Thence East with the south line of Arkansas Boulevard 799.2 feet; Thence South 202 feet to the south line of Block 3 of Bemis Grove Subdivision, Thence West with the South Line of Block Three (3) of Bemis Grove Subdivision 799.2 fee to the POINT OF BEGINNING, and containing 3.80 acres of land, more or less.

 

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:

Section 1         Ordinance No K-286, as amended, is hereby amended to rezone the above described property in the City of Texarkana, Arkansas, from O-1 Office Quiet to C-3 Open Display Commercial zoning district.  This is solely a rezoning and no other action, conveyance or release of interest.

Section 2         This ordinance being necessary for the preservation of the public peace, health and safety, an emergency is therefore declared to exist; and this ordinance shall be in full force and effect from and after its passage and approval.

PASSED AND APPROVED this 5th day of July, 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, Interim Planner

DATE:                   June 15, 2017

SUBJECT:            Board of Directors Agenda Item for 07-03-2017 meeting –

Arkansas Blvd. rezoning for expanded land use in commercial zones.

 

REQUEST:

 

REZONING - Request by the City of Texarkana, Arkansas, CO Dr. Kenny Haskin, 216 Walnut Street, Texarkana, AR 71854-6024 to rezone property on the south side of Arkansas Boulevard that includes PT of Lot 5S, Lot 6S, Lot 7S, Lot 8S, PT of Lot 9S, of Block 3, BEMIS GROVE ADDITION, Texarkana, Miller County, Arkansas from the existing O-1 Office Quiet zoning district to C-3 Open Display commercial in order to provide for greater commercial development along a principal arterial. The property includes 1414 Arkansas Blvd., 1514 Arkansas Blvd., 1600 Arkansas Blvd. and 1702 Arkansas Blvd. and contains 3.80 acres more or less.

 

LEGAL DESCRIPTION:

 

 

PT of Lot 5S, All of Lot 6S, Lot 7S, Lot 8S, & PT of Lot 9S, of Block 3, BEMIS GROVE ADDITION, Texarkana, Miller County, Arkansas, Texarkana, Miller County, Arkansas.

 

 

REASON FOR REQUEST:

 

 

Property owners wish more flexibility for land uses for property currently zoned O-1 Office Quiet that only allows office use without a conditional use permit.  

 

EXISTING LAND USES:

 

 

Site:    

 

Offices, one restaurant

 

North:

Restaurants, oil changer, technology business, offices.

 

South: 

Single family residential

 

East:

Insurance offices

 

West:

Auto detail business

 

EXISTING ZONING:

 

 

Site: 

North:

O-1 Office Quiet

O-1 Office Quiet and C-3 Open Display Commercial

 

South: 

Single family residential

 

East:

C-1 General Retail

 

West:

C-3 Open Display Commercial

 

AVAILABLE UTILITIES:

 

 

Municipal Water:

8" in Olive Street

2” in adjacent alley

 

 

 

 

Municipal Sanitary Sewer:

12" on the property

8” in adjacent alley

 

 

 

TRANSPORTATION NETWORK:

 

 

Local Streets(s):

Olive Street

 

 

 

 

Minor Collector Street(s):

Front Street

 

 

 

 

Major Arterial Street(s):

None

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

 

The site consists of 5 lots occupied by offices and one restaurant.  This is a busy commercial area with a full range of commercial land uses on the north side of Arkansas Boulevard.  To the east and west are businesses and offices for medical, dental, and other purposes. 

 

Commercial General description.  Commercial zoning districts are intended primarily for the conduct of business and the provision of services essential to support the residents within the city and the surrounding area. Four (4) separate commercial districts are established to provide for the diversity of uses and appropriate locations required for the range of goods and services needed in Texarkana. These include the O-1 office and quiet business district, the C-1 general commercial district, the C-2 central business district, and the C-3 open display commercial district. 

 

Proposed:  C-3 open display commercial district.  This district is established in order to provide adequate locations for retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. Among these uses are automobile and other vehicular service establishments, transient sleeping accommodations, and eating and drinking establishments. The district is also intended to provide a location for the limited amount of merchandise, equipment and material being offered for retail sale that, because of the type of material or transportation requirements, are suitable for display and storage outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian oriented commercial districts and shopping centers since they tend to obstruct and interfere with pedestrian movements. Appropriate locations for this district are along heavily traveled major traffic arterials. 

 

The City's 1988 Long-range Comprehensive Development Plan recommends office use for this location, however, traffic patterns show an increase east of Jefferson and County Avenues since 1990 a short time from development of the Long-range plan until the present.  The location of I-49 further to the east and the development of the C-4 zone just north of Jefferson Avenue are seen as contributing factors to the shift in development of many more businesses on Arkansas Boulevard near Jefferson than near Sanderson as previously anticipated.

 

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 28, 2017 edition of the Texarkana Gazette.  The City notified forty-six (46) 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. Boots Thomas, seconded by Mr. Jason Dupree, the Planning Commission recommends approving rezoning from O-1 Office Quiet to C-3 Open Display Commercial by a 7-0 roll call vote with the full commission present. 

 

 

 

 

Randall Hickerson, Chairperson

George Coker, Vice-Chairperson

Yes

Yes

 

 

Thomas Scott

Bertha Dunn

Yes

Yes

 

 

Boots Thomas

Jason Dupree

Yes
Yes

 







 

BOARD ACTION REQUESTED:

 

 

The Board action requested is to consider an ordinance rezoning the property located on the south side of Arkansas Boulevard in the 100-1700 block range from O-1 Office Quiet to C-3 Open Display Commercial district.  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. 

 

An emergency clause is requested in order to move forward with application for a conditional use permit for a veterinarian office at 1600 Arkansas Blvd., Suite 200.    

Enclosure:     Location Map (PC2017008.DOC)

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

REZONING

PC-2017-008

 

Prepared by:

Planning Division - Public Works Department

City of Texarkana, Arkansas

 


Text Box: Arkansas Boulevard and Jefferson to the left
Arkansas Boulevard and Sanderson to the right
Lighter blue is office zoning recommendations in 1988
Darker blue is commercial zoning recommendations in 1988
Higher concentration of commercial development is at Jefferson and Arkansas Blvd.