CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Adopt an Ordinance to rezone a large rural tract of undeveloped land from R-1 Rural Residential to R-1 Rural Residential overlay district (Peterson). (PWD-Planning) Interim City Planner Mary Beck

AGENDA DATE:  07/05/2017

ITEM#:  14 

DEPARTMENT:  Planning Division, Public Works Department

DATE SUBMITTED:  06/15/2017

PREPARED BY:  Mary L. Beck, Interim City Planner

SUBJECT:  Request to rezone a large rural tract of undeveloped land from R-1 Rural Residential to R-1 Rural Residential overlay district to allow installation of double-wide manufactured housing. 

EXHIBITS:  Ordinance, Planning Memorandum, & Location Map (PC2017009.DOC).

APPROVAL: 

 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY:  Request by Beth Peterson, 31 Springcreek Road, Texarkana, TX 75503-2002 to rezone property to allow for multi-section manufactured housing by extending the R-1 Rural Residential overlay.  The property is located at 1811 Hastings Crossing Road and is legally described at PT of the SW ¼ of the SE ¼ and PT of the SE ¼ of the SE ¼ both being in Section 33, Township 15S, Range 28W, Texarkana, Miller County, Arkansas containing 80.855 acres more or less.

 

BOARD ACTION:  Planning Commission certifies for approval of this item.

EMERGENCY CLAUSE:  None 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 to rezone the following tract of land from R-1 Rural Residential to R-1 Rural Residential overlay district.

 

 

The SW ¼ of the SE ¼ and the SE ¼ of the SE ¼ both being in Section 33, Township 15S, Range 28W, Texarkana, Miller County, Arkansas.  

 

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, is hereby amended to rezone the above described property in the City of Texarkana, Arkansas, from R-1 Rural Residential to R-1 Rural Residential overlay district.  This is solely a rezoning and no other action, conveyance or release of interest.

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 City Planner

DATE:                 June 15, 2017

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

Beth Peterson request to rezone 80.855 acres from R-1 Rural Residential to extend the R-1 Rural Residential overlay that allows multi-section manufactured housing.

 

REQUEST:

 

REZONING - Request by Beth Peterson, 31 Springcreek Road, Texarkana, TX 75503-2002, Agent Anita Peterson, for a rezoning from R-1 Rural residential to R-1 Rural residential overlay district in order to provide lots for multi-section manufactured homes on individual land.  The property is legally described as PT of the SW ¼ of the SE ¼ and PT of the SE ¼ of the SE ¼ both being in Section 33, Township 15S, Range 28W, Texarkana, Miller County, Arkansas and contains 80.8555 acres more or less.  The property is addressed 1811 Hastings Crossing Road.    

 

 

LEGAL DESCRIPTION:

 

 

PT of the SW ¼ of the SE ¼ and PT of the SE ¼ of the SE ¼ both being in Section 33, Township 15S, Range 28W, Texarkana, Miller County, Arkansas

 

 

REASON FOR REQUEST:

 

 

Ms. Peterson has a buyer interested in her property if it will allow manufactured housing on single family lots.    

 

EXISTING LAND USES:

 

 

Site:    

 

Vacant

 

North:

Residential

 

South: 

Residential

 

East:

Residential

 

West:

Residential

 

EXISTING ZONING:

 

 

Site:    

R-1 Rural Residential

 

North:

R-1 Rural Residential

 

South: 

R-1 Rural Residential

 

East:

R-1 Rural Residential

 

West:

R-1 Rural Residential

 

AVAILABLE UTILITIES:

 

 

Municipal Water:

12" Hastings Crossing Road

 

 

 

 

Sanitary Septic system:        

Subject to Miller County Health Department standards set by the State of Arkansas.

 

 

 

TRANSPORTATION NETWORK:

 

 

Local Streets(s):

None

 

 

 

 

Minor Collector Street(s):

Hastings Crossing

 

 

 

 

Major Arterial Street(s):

None

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

 

The site consists of 80 plus acres of rural undeveloped land, largely wooded and fronting on Hasting Crossing Road.  Hasting Crossing Road is classified as a residential collector.  It has a large area of flood plain through the property diagonally north to south.  No road construction is anticipated. All the area surrounding this property is residential land use.  There is a small C-3 Open Display zone that borders on the north west end along I-49 though there is no access from the interstate at this location and it appears to be on Arkansas State Highway property along an exit and is anticipated to remain undeveloped except for billboard locating. 

 

R-1 rural residential overlay district.

a.    Purpose and intent. The R-1 overlay zoning district is established to provide a neighborhood of the city where multisection manufactured homes (postregulation, June, 15, 1976) may be located outside of mobile home parks and subdivisions on private property and to comply with the Affordable Housing Accessibility Act (Act 624 of 2003), effective October 1, 2003).

b.   Application of district regulations. These regulations shall be in addition to and shall overlay all other zoning districts and other ordinance requirements regulating the development of land so that any parcel of land lying in the R-1 overlay district shall also lie within one or more of the other underlying zoning districts. Therefore, all property within this R-1 overlay zoning district will have requirements of both the underlying zone and the R-1 overlay zoning district in addition to other ordinance requirements regulating the development of land. In case of conflicting standards between these and other city ordinances, the R-1 rural residential overlay zoning district requirements shall control. These regulations shall apply to all postfederal regulation (after June 15, 1976) multisection manufactured homes.

 

The City's 1988 Long-range Comprehensive Development Plan recommends low density on the edges of the City in the SE quadrant although this area was not in the City at the time of the development of that plan it complies with the general intent. 

 

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 twenty-one (21) 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. Adger Smith and seconded by Mr. Jason Dupree, the Planning Commission certifies approval of rezoning from R-1 Rural Residential to expand the R-1 Rural Residential Overlay District. The following is the 7-0 roll call vote with all commissioners 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 at 1811 Hastings Crossing road from R-1 Rural Residential to include it in the R-1 Rural Residential Overlay to allow multi-section housing.  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 not requested.