CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Consider the following appeal to rezone property located at 1501 E. 24th Street from R-2 Single-family residential to R-3 Low-density residential. (PWD-Planning)

A.  Adopt the Planning Commission’s recommendation of denial;

B.   Vote to return the matter to the Planning Commission for further study and recommendation; or

C.   Adopt an Ordinance to rezone the property over the recommendation of the Planning Commission.

 

AGENDA DATE:  11/06/2017

ITEM#: 14

DEPARTMENT:  Planning Division – Public Works Department

 

DATE SUBMITTED:  10/19/2017

 

PREPARED BY:  Mary Beck, City Planner

 

SUBJECT:  Appeal due to denial by the Planning Commission review of a request to rezone R-2 Single-family residential to R-3 Low-density residential by L & N Leasing Company, Kirk Patton, agent.  The property is located at 1501 E. 24th Street and contains 10.54 acres more or less.

 

EXHIBITS: Letter of appeal, City Planner’s memo, location map.

 

APPROVAL TO PLACE THIS ITEM ON THE AGENDA:

EXPENSE REQUIRED $0.00

 

AMOUNT BUDGETED: $0.00

 

APPROPRIATION REQUIRED:  $0.00

 

SUMMARY: An appeal has been filed regarding the following action:  An application for a rezoning to develop a duplex subdivision was denied recommendation by the Planning Commission at their regularly scheduled meeting on September 12th.  At the meeting were several citizens opposed to the rezoning.  A site plan presented at the meeting by the applicant and his agent indicated a single entry for 34 duplexes, something that exceeds the City fire safety regulations.  Citing concerns for traffic and density the Commission denied the application by a vote of 5-0 on a motion by Commissioner George Coker, seconded by Commissioner Jason Dupree.   

 

BOARD ACTION:  The Board can consider proper appeal from a decision of the Planning Commission with three possible outcomes:

  1. Adopt the Planning Commission’s recommendation of denial;
  2. Vote to send return the matter to the Planning Commission for further study and recommendation; or
  3. Amend the zoning ordinance over the recommendation of the Planning Commission

 

 

 

 

 





This ordinance has been prepared as an option for Board of Directors to approve the rezoning.

 

ORDINANCE NO. ______

 

AN ORDINANCE AMENDING ORDINANCE NO. K-286, AS AMENDED; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.

WHEREAS, application to amend the Land Use Plan was filed with the Planning Commission of the City of Texarkana, Arkansas, requesting that certain property at 1501 East 24th Street be rezoned from R-2 (Single Family Residential) to R-3 (Low Density Residential), the same being more specifically described as follows: 

 

All that certain tract or parcel of land being a part of the SW ¼ of the SW ¼ of Section 17, T 15 S, R 28 W, Miller County, Arkansas, and being more particularly described by metes and bounds as follows:

BEGINNING at a CST nail set for corner at the Southeast corner of the SW ¼ of the SW ¼ of Section 17, T 15 S, R 28 W, Miller County, Arkansas; a 30” twin sweet gum bears N 15° 28’ W, 62.4 ft and a telephone pole bears N 53° 53’ W, 43.8 ft; said POINT OF BEGINNING being in a street designated as East 24th Street;

THENCE S 89° 57’ 13” W, 532.89 ft with the South boundary line of the above mentioned Section 17 to a point being N 89° 57’ 13” E, 792.00 ft from the Southwest corner of said Section 17;

THENCE N 00° 08’ 48” W, parallel with the West boundary line of the above mentioned Section 17 passing at 30.00 ft a ½ reinf steel set for offset corner and continuing 300.00 ft for a total distance of 330.00 ft to a ½” reinf steel set for corner;

THENCE S 89° 57’ 13” W, 264.00 ft parallel with the above mentioned South boundary line of Section 17 to a ½ reinf steel set for corner;

THENCE N 00° 13’ 15” W, 330.22 ft to a 5/8” reinf steel found in place;

THENCE S 89° 52’ 23” E, 72.37 ft to a ½” reinf steel set for corner;

THENCE N 00° 08’ 48” W, 28.35 ft to a ½” reinf steel set for corner;

THENCE N 89° 56’ 05” E, parallel with the North boundary line of the above mentioned SW ¼ of the SW ¼ passing at 717.86 ft a ½” reinf steel set for offset corner in an existing fence line and continuing 6.42 ft for a total distance of 724.28 ft to the East boundary line of said SW ¼ of the SW 1/4;

THENCE S 00° 12’ 10” E, with above mentioned East boundary line of the SW ¼ of the SW ¼, passing at 663.59 ft a railroad spike set for offset corner and continuing 25.00 ft for a total distance of 688.59 ft to the POINT OF BEGINNING; basis of bearings is assumed.  The above described property being surveyed by Richard V. Hall, Jr. contains 10.54 acres of land, more or less; AND SUBJECT TO such rights as may be vested in the public for street right-of-way along the South boundary line of the above described property.

WHEREAS, the Planning Commission, after public hearing, denied said application and in accordance with §28-128 of the Code of Ordinances the Petitioners have appealed such denial to the Board; and

WHEREAS, the Board of Directors of the City of Texarkana, Arkansas, after reviewing the facts surrounding the zoning request, has determined that it would be in the best interest of the City of Texarkana, Arkansas, to adopt the requested zoning change;

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

SECTION 1:  Ordinance No. K-286, as amended, should be amended to rezone the above described property in the City of Texarkana, Arkansas, from R-2 (Single Family Residential) to R-3 (Low Density Residential).

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 6th day of November, 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, City Planner

DATE:           October 17, 2017

SUBJECT:           Board of Directors Agenda Item for 11-06-2017 meeting – Request by L & N Leasing, LLC, agent Kirk Patton, 2507 E. Broad Street, Texarkana, Arkansas 71854-4573 to appeal a denial to rezone a tract of land located at 1501 E. 24th Street from R-2 Single –family residential to R-3 Low-density residential in order to develop a duplex subdivision.

LEGAL DESCRIPTION:

 

The property is legally described as PT SW ¼, SW ¼, Section 17, Township 15S, Range 28 W, Texarkana, Miller County, Arkansas  containing 10.54 acres more or less.  

 

REASON FOR REQUEST:

 

 

The property owner intends to develop a duplex-subdivision to lease for dwellings.  The review by the Planning Commission recommended denial based on the information presented to them at the regularly scheduled September 12, 2017 meeting.   

 

EXISTING LAND USES:

 

 

Site:

Vacant

 

North:

Vacant

 

South: 

Residential

 

East:

Residential and creek

 

West:

Residential

 

EXISTING ZONING:

 

 

Site:

R-2 Single-family residential

 

North:

R-2 Single-family residential

 

South:

R-2 Single-family residential

R-4 Medium-density residential

 

East:

R-2 Single-family residential

 

West:

R-2 Single-family residential

 

AVAILABLE UTILITIES:

 

                              Municipal Water:               10” in E. 24th Street

                             

                              Fire Hydrant:                     Across from the property on 24th Street.

 

Municipal Sanitary Sewer:  18” along the east side of the property

 

6” in E. 24th Street

 

TRANSPORTATION NETWORK:

                   

                              Residential Street(s):    none

 

Collector Street(s):            none

 

Minor Arterial Street(s):     E. 24th Street

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

 

The site consists of vacant property that previously was occupied by a sole dwelling and a propane dispensary.  The property is on the long term comprehensive plan envisioning single family housing at this location.  However, plans for a park in this area were not developed and the available services can well support low-density housing.  There are two duplexes in an R-3 zone about 250’ to the west and an R-4 zone across from this property where there are three duplexes and another small R-4 zone in the area.  All the other surrounding land is undeveloped or single family housing. 

 

Current zoning:

 

R-2 single-family residential. This is the most restrictive urban residential district. The principal use of land is for detached single-family dwellings and related recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element. 

 

Requested zoning:

 

R-3 low density residential. This is a residential district to provide for a slightly higher population density and a greater diversity of housing types, but with basic restrictions similar to the R-2 district. The principal use of land is for single-family attached (duplexes) and detached structures, two-family, and townhouse developments which may have a relatively intense concentration of dwelling units served by large open spaces including common areas and facilities, thereby resulting in relatively low gross densities.

 

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, August 27, 2017 edition of the Texarkana Gazette.  The City notified thirty-seven (37) adjacent property owners within three hundred feet (300¢) as required by the Texarkana, Arkansas Code of Ordinances.

 

OPPOSITION TO REZONING:

 

People who spoke against the rezoning at the Planning Commission meeting:

Bryan Rodgers, business office 2600 Jefferson Ave.

Gerald Eaton, 3016 Central & (telephone call Elizabeth Eaton)

Mr. Rickey Richardson, 315 Bell

Beth Elrod, 8 Lavender Lane

 

 

ADDITIONAL ACTION BY CITY BOARD OF DIRECTORS:

 

The City Board of Directors will review the Planning Commission's recommendation at the November 6, 2017 and approve or deny the ordinance as required to rezone the property, or they may recommend other actions such as an additional review by the Planning Commission to consider new information.

 

The Arkansas Code of 1987 Annotated requires every ordinance be read three (3) times before adoption.  These three readings may all occur at the same meeting or at the second and third subsequent meetings after the first reading of the ordinance.

                              

PLANNING COMMISSION RECOMMENDATION:

 

 

The Planning Commission met on September 12, 2017 to consider the request and make a recommendation.  On a motion by Mr. George Coker, seconded by Mr. Jason Dupree the Planning Commission denied recommendation for approval by a roll call vote of 5-0 with two absent as follows:   

 

 

 

 

Thomas Scott, Chairperson

Bertha Dunn, Vice-Chairperson

Absent

Yes to deny

 

 

Bertha Du

Yes to deny

 

 

Boots Thomas

Jason Dupree

Thomas Scott

Adger Smith                                           

Yes to deny
Yes to deny

Absent

Yes to deny

 






 

BOARD ACTION REQUESTED:

 

 

The Board action requested is as follows:

 

  1. Consider the appeal to the Planning Commission recommendation to deny the rezoning request.

Enclosure:    Location Map (PC2017014.DOC)