CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Adopt an Ordinance rezoning of C-1 General Commercial to R-3 Low-density residential at 1206 Edwards Street (Morris). (PWD-Planning) City Planner Mary Beck

AGENDA DATE: 12/05/2017

ITEM#:  12

DEPARTMENT:  Planning Division – Public Works Department

 

DATE SUBMITTED: 11/16/2017

 

PREPARED BY:  Mary Beck, City Planner-Preservation Officer

 

SUBJECT:  Rezoning of C-1 General Commercial to R-3 Low-density residential of former plumbing contractor office to provide for a residential land use.  The property is located at 1206 Edwards Street and is legally described as All of Lot 20, Block 11, WILLIAM’S SO SIDE ADDITION. 

 

EXHIBITS: Ordinance, City Planner’s memo, and location map.

 

APPROVAL:

 

EXPENSE REQUIRED $0.00

 

AMOUNT BUDGETED: $0.00

 

APPROPRIATION REQUIRED:  $0.00

 

SUMMARY:

An application by David Morris to rezone a single lot that meets the land use requirements for an R-3 Low-density residential zone from the existing commercial zone of C-1.  Mr. Morris intends to retro fit the existing building for a residence for his daughter.  No opposition has been received for this request.  The Planning Commission certifies recommendation with a motion to approve by Commissioner Boots Thomas, seconded, by Vice Chairperson Dunn, approved by a roll call vote of 5-0 with two absent. 

 

BOARD ACTION:  Consider adopting an ordinance to rezone a property from a C-1 General commercial zone to a R-3 Low-density residential zone.      

 

 


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 that the following land be rezoned from C-1 General Commercial to R-3 Low-density Residential at 1206 Edwards Street, more specifically:

 

All of Lot 20, Block 11, WILLIAM’S SO SIDE ADDITION, Texarkana, Miller Co., Arkansas, and contains .161 acres more or less.     

WHEREAS, the Planning Commission, after public hearing, 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 C-1 General Commercial to R-3 Low-density Residential.  This is solely a rezoning and no other action, conveyance or release of interest.

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 15, 2017

SUBJECT:             Board of Directors Agenda Item for 12-05-2017 meeting – Request by David Morris, 1061 MC 42, Fouke, AR 71837 to rezone property from C-1 General Commercial to R-3 Low-density residential.    

LEGAL DESCRIPTION:

 

The property is legally described as All of Lot 20, Block 11, WILLIAM’S SO SIDE ADDITION, Texarkana, Miller Co., Arkansas and contains .161 acres more or less.     

 

REASON FOR REQUEST:

 

 

The building on the property that was previously used for a plumber’s contractor building no longer is adequate for that use.  The owner wishes to repurpose the building as a dwelling for his daughter for a residence.           

 

EXISTING LAND USES:

 

 

Site:    

Vacant commercial building

 

North:

Vacant

 

South: 

Residential

 

East:

Commercial

 

West:

Residential

 

EXISTING ZONING:

 

 

Site:    

C-1 General commercial

 

North:

C-1 General commercial &

W-1 Warehousing and Wholesale

 

South: 

R-3 Low-density residential

 

East:

C-3 Open display commercial

 

West:

R-3 Low-density residential

 

AVAILABLE UTILITIES:

 

Municipal Water:

 

8” in E. 9th Street

 

 

Municipal Sanitary Sewer:

6: in E. 9th Street

 

TRANSPORTATION NETWORK:

 

 

Local Street(s):

2” in Prince Street

 

 

 

 

Collector Street(s)

None

 

 

 

 

Major Arterial Street(s)

None

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

 

The site consists of one lot containing a commercial type of structure that previously was used for a plumbing contractor operation.  This location as shown on the long-term comprehensive plan as residential, bordered by residential on two side and commercial on two sides.  The property is located a block west of east street and is not in a high traffic area where more commercial use would be recommended.  The requested zoning matches the existing zoning to the south and the west.  No conflict is anticipated. 

 

Current zoning:

 

C-1 general commercial district.  This district shall be applied to the broad range of retail uses which comprise the commercial function of the city. Permitted uses include most types of retail activity except those involving substantial open displays of merchandise and those which are otherwise incompatible. 

 

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, October 29, 2017 edition of the Texarkana Gazette.  The City notified twenty-two (22) adjacent property owners within three hundred feet (300˘) as required by the Texarkana, Arkansas Code of Ordinances.

 

The area and frontage requirements for an R-3 low density residential lot are satisfied for a single family dwelling. 

OPPOSITION:

None        

 





                                    

PLANNING COMMISSION RECOMMENDATION:

 

 

The Planning Commission met on November 14, 2017, to consider the request and make a recommendation.  On a motion by Ms. Bertha Dunn, seconded by Mr. Boot Thomas, passed by a roll call vote for approval of the rezoning request 5-0 with two absent the vote was: 

 

 

 

 

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:

 

  1. On December 5, 2017, consider adopting an ordinance to rezone the property described here from C-1 General Commercial to R-3 Low-density residential. 
  2. No emergency clause is requested.

Enclosure:     Location Map (PC2017016.DOC)