CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Adopt an Ordinance approving a petition to annex a parcel of property and apply R-1 Rural residential zoning to the parcel of property located at 1262 S. Rondo Road (Whiseant). (PWD-Planning)

AGENDA DATE:  12/05/2017

ITEM#:  11

DEPARTMENT:  Planning Division, Public Works Department

DATE SUBMITTED:  11-17-2017

PREPARED BY:  Mary L. Beck, City Planner/Historic Preservation Officer

SUBJECT:  Bill & Vickey Whiseant annexation (voluntary petition).

EXHIBITS:  Ordinance, City Planner’s Memorandum, Petition, County Judge’s Order for Annexation, subdivision plat & location map (PC2012003.doc).

APPROVAL: 

 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY:  The property owned by the Whiseant’s for their personal homestead is 83 acres more or less and is bounded on two sides by the City Limits that are zoned for rural residential land use.  This location does not require an extension of City services as it lies between City limits on Rondo Road within boundaries already served by emergency services.  The Planning Commission support the R-1 Rural residential zoning as the most appropriate for this large family property that may have agricultural and livestock usage.  A roll call vote 5-0 for the recommended zoning was unopposed with two commissioners absent.

 

BOARD ACTION:  The City Manager and staff recommend board approval.

EMERGENCY CLAUSE:  None requested.

 

 

 

ORDINANCE NO. ______

AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF TEXARKANA, ARKANSAS APPROVING THE SCHEDULE OF SERVICES TO BE EXTENDED TO SAID AREA; ASSIGNING SUCH TO WARDS AND ZONING DISTRICTS AND FOR OTHER PURPOSES

 

WHEREAS, a petition was filed, pursuant to Arkansas Code Annotated Section 14-40-609, for the annexation of certain territory in the City of Texarkana, Arkansas; and

WHEREAS, the Miller County Assessor and the Miller County Clerk have (A) Verified the identity of the petitioners; (B) Verified that there are no property owners included in the petition that do not wish to have their property annexed; (C) Verified that the property or properties are contiguous with the City; (D) Verified that no enclaves will be created if the petition is accepted by the City; and presented the petition and their respective verifications to the Miller County Judge; and 

WHEREAS, the County Judge has (A) Reviewed the petition and verifications for completeness and accuracy; (B) Determined that no enclaves will be created by the annexation; (C) Confirmed that the petition contains a schedule of services and (D) Issued an order articulating these finding and forwarded the petition and order to the contiguous City of Texarkana, Arkansas, for consideration; and

WHEREAS, the Planning Commission of the City of Texarkana approved the R-1 Rural Residential Zoning; and

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

SECTION 1:   That the following described territory, contiguous to the City of Texarkana, Arkansas, be and the same is hereby accepted as part of, and annexed to and made a part of the City of Texarkana, Arkansas:

The property is a one lot subdivision legally described as Lot 1, Block 1, DUKE SUBDIVISION, Texarkana, Miller County, Arkansas, and contains 83.29 acres more or less.

 

SECTION 2.   That the territory is currently serviced with electricity and municipal water and the following schedule of services shall be extended to the area by the City of Texarkana, Arkansas, within the statutorily requested three (3) year period after the date the annexation becomes final, as follows: fire protection and police protection.

SECTION 3:   That the above described territory shall be annexed to and made part of WARD 1 of the City of Texarkana, and the same shall henceforth be a part of said WARD as fully as existing part of said WARD.

SECTION 4:   That the above described territory shall be and is assigned to have a zoning district designation of R-1 Rural Residential Zoning.

SECTION 5:   Thirty (30) days after passage and publication or posting of this Ordinance as authorized by law, the annexation shall be final and the property shall be within the corporate limits of the city except as otherwise ordered by the Circuit Court pursuant to a cause of action filed within said thirty (30) day period.

PASSED AND APPROVED this 5th day of December, 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, City Planner

DATE:            November 17, 2017

SUBJECT:           Board of Directors Agenda Item for 12-05-2017 meeting – Request by Bill & Vickey Whiseant to annex property located at 1262 S. Rondo Road

LEGAL DESCRIPTION:

 

The property is a one lot subdivision legally described as Lot 1, Block 1, DUKE SUBDIVISION, Texarkana, Miller County, Arkansas and contains 83.29 acres more or less. (at the time of this writing the final edits to the subdivision plat are underway and it is anticipated the plat will be recorded prior to the board meeting.)

REASON FOR REQUEST:

 

 

The property owners wish to reside within the City.           

 

EXISTING LAND USES:

 

 

Site:    

Residential

 

North:

Residential

 

South: 

Residential

 

East:

Residential

 

West:

Residential

 

EXISTING ZONING:

 

Site:    

NA

 

North:

R-1 Rural residential

 

South: 

Outside of City limits

 

East:

Outside of City limits

 

West:

R-1 Rural residential

 

AVAILABLE UTILITIES:

 

Municipal Water:

 

8” in Rondo Road

 

 

Municipal Sanitary Sewer:

Miller County Sanitary Septic System

 

TRANSPORTATION NETWORK:

 

 

Local Street(s):

None

 

 

 

 

Collector Street(s)

None

 

 

 

 

Minor Arterial Street(s)

Rondo Road

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

 

The surrounding areas is rural residential zoning with large tracks of land for single family housing suitable for some agricultural activities or is outside the City limits.

 

 CONFORMANCE WITH APPLICABLE ORDINANCES AND/OR STATE STATUTES:

 

 

This location is not shown on the 1988 long-term comprehensive plan since it is outside the City limits.  However, the nearest land in that plan is shown as low-density single family residential, which conforms to the R-1 Rural residential district.  Also, because this is a tract of land over 80 acres large, the R-1 zoning is the only zone where livestock can be conditionally approved, something often desirable for large tracts with a single dwelling.

 

R-1 rural residential district. This is a district for single-family homes on large rural lots or acreage, and also provides an area where selected agricultural uses can be accommodated. It is a zone that is generally applied to fringe areas of the city, and such areas may, over time, be converted to higher density residential areas.

 

OPPOSITION:

No opposition has been received.

                                    

PLANNING COMMISSION RECOMMENDATION:

 

 

The Planning Commission met on November 14, 2017, to consider the request and make a recommendation.  On a motion by Dr. Hickerson, seconded by Mr. Boot Thomas, the Planning Commission certifies a recommendation for R-1 Rural residential zoning by a roll call vote of 5-0 with two absent. 

 

 

 

 

Thomas Scott, Chairperson

Bertha Dunn, Vice-Chairperson

Yes

Yes

 

 

Bertha Dunn

Yes

 

 

Boots Thomas

Jason Dupree

George Coker

Adger Smith

Yes
Absent

Absent

Yes

 






 

BOARD ACTION REQUESTED:

 

 

The Board action requested is as follows:

 

Adopt an ordinance annexing DUKE SUBDIVISION into the City with R-1 Rural residential zoning.

Enclosure:     Location Map (Whiseant annexation.DOC)