CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Adopt an Ordinance amending the City Code of Ordinances Zoning Chapter 28 and Chapter 23, regarding use of sidewalks. (PWD-Planning) City Planner Mary Beck

 

AGENDA DATE:  03/05/2018

ITEM#:  11

DEPARTMENT:  Planning Division, Public Works Department

DATE SUBMITTED:  02-14-2018

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

SUBJECT:  Amendments to the City's Zoning Ordinance (Chapter 28) to C-2 Central Business district notes for Broad Street sidewalk use and other purposes. 

EXHIBITS:  Ordinance and City Planner's Memorandum.

APPROVAL: 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY:  The business owners in the downtown area, particularly along Broad Street, have been making great efforts to promote downtown and have project plans that require use of sidewalks.  Dr. Beverly Rowe made a presentation to the Historic District Commission on their behalf showing proposed kiosks, seasonal decorations and enhancements.  After discussion with the Planning Commission a workshop was held with the Historic District Commission regarding sidewalk use and after numerous workshops and a public hearing the attached ordinance contains their recommendations.  This would amend the zoning chapter to allow use commercial and cultural use of the sidewalks on Broad Street in the 100-400 block ranges where sidewalks on both sides of the street are 11’ wide.  Sales displays of the same products sold inside the businesses would require review by the Historic District Commission and require a review fee of fifty dollars ($50).  Provisions are included to keep pedestrian sidewalk use open to the standards of built sidewalks as regulated by the ADA.  A public hearing to approve the recommended amendment was held on February 13, 2018 and recommends approval by a 4-0 roll call vote (three commissioners were absent).

 

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

EMERGENCY CLAUSE:  Not required.

 

 

 

ORDINANCE NO. ________

 

AN ORDINANCE amending The CITY CODE OF ORDINANCES, CHAPTER 28, the zoning chapter and chapter 23 regarding use of sidewalks and for OTHER PURPOSES 

 

WHEREAS, the City recognizes zero lot lines for some developed property in the C-2 Downtown Central Business zoning district is a limitation for outdoor sales; and aesthetic enhancement; and

WHEREAS, there is an opportunity for expanded business use in the 100-400 blocks of East Broad Street where sidewalks are eleven feet (11’) in width on both sides of the street; and

WHEREAS, the Planning Commission requested recommendations from the Historic District Commission regarding use of sidewalks in such situations for economic development and aesthetic enhancement; and

 WHEREAS, the Planning Commission requires review of such enhancements for appropriateness by the Historic District Commission at their regularly scheduled meetings of Broad Street Enhancement Application with a fifty-dollar ($50) review fee for cost recovery of required legal notices; and

WHEREAS, the Historic District Commission and Planning Commission recommend the following additions to the Planning Chapter Sec. 19-52 (d) (6) to amend the fee schedule and the Zoning Chapter, Sec. 28-22, C-2 Central Business district in the section for notes to read: 

Beginning at the front property line in the 100-400 blocks of East Broad Street and extending out approximately 5 feet on the public sidewalk of existing businesses are allowed:

 

o  displays or performances of cultural activities of art, crafts or music; 

o  sales of the same merchandise that is for sale in the adjacent business;

o  seasonal decorations;

o  street enhancements, such as benches, tables, plants, etc.; and

o  outdoor dining for restaurants as space allows;

 

Excepting that in no way may the sidewalk land uses impede three feet (3’) of walkway for foot traffic with a minimum of five feet (5’) for turning space every two hundred feet (200’) for built sidewalks as required by the American Disabilities Act (ADA).

 

Allowed with conditions:

 

o   Temporary awnings and canopies secured to the building or the ground approved by the Public Works Director or his designee; and

o   Informational kiosks as approved by the Public Works Director or his designee;

 

Corners beyond the five-foot extension from buildings and outside the pedestrian walkway are available for public facility use (PFU) subject to the regular process and may be used for wagon-type sales of flowers, hot dogs, souvenirs, ice cream products, etc.; and

 

WHEREAS, Sec. 23-10 of Signs and display of merchandise is amended to read:

Sec. 23-10. - Signs, display of merchandise.

(a) It shall be unlawful for any person to place or cause to be placed any sign or overhead sign or sign suspended above the street, or right-of-way, or between the street and sidewalk or over the sidewalks, or on private property, in such a manner that it will in any wise obstruct the vision of any pedestrian or motorist, or that will be in conflict with other city ordinances, concerning the construction and installation of signs within the city.

 

(b) It shall be unlawful for any person to place or to cause to be placed any signboards, or advertising matter, or displays of merchandise, or any item for sale or lease in or upon the streets, or between the street proper and the sidewalks or upon the sidewalks of this city except as allowed in Chapter 28, Zoning.

 

(c) deleted and replaced in chapter 28, the zoning chapter by C-2 Downtown Central Business notes;

 

and

WHEREAS, the Planning Commission, having held multiple workshops and a public hearing, does certify recommendation; 

NOW THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas that the amendments herein be adopted.

PASSED AND APPROVED this 5h day of March, 2018.

 

  __________________________

                                                                        Ruth Penny 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:                     Kenny Haskin, City Manager

FROM:              Mary Beck, City Planner/Historic Preservation Officer

DATE:              February 14, 2018

SUBJECT:        Board of Directors Agenda Item for 03-05-2018 meeting – Request  to amend the Zoning Ordinance to allow sidewalk sales and other activities in the 100-400 block range of East Broad Street.

 

REQUEST:

Zoning Ordinance Text Amendment - Request to consider allowing sidewalk sales upon approval of review by the Historic District Commission and other uses.     

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

 

The 100-400 blocks of East Broad Street have built sidewalks 11’wide that would allow room for cultural displays, how-to activities and commercial sales of products matching those sold in the adjacent businesses.   

 

1.    Request received from City Board of Directors, citizen, developer, company, or initiated by the staff – Requests for a zoning ordinance text amendment can be made at any time.  These requests may be initiated by the City Board of Directors, a citizen, a commercial developer, a company, or the staff itself.  Many times these request are the result of new land uses, changes in residential housing types or densities, omissions in the original zoning ordinance, etc.

2.    Staff Research - Research and development of draft regulations;

3.    Staff Recommendation - Planning Division staff researches and makes a staff recommendation to Planning Commission;

4.    Legal Notice  – Publish legal notice in the Texarkana Gazette one time fifteen days prior to the public hearing;

5.    Public Hearing – The Planning Division staff presents staff recommendation to Planning Commission during required public hearing;

6.    Planning Commission – Makes one of the following determinations:

a.    Reject the staff recommendation and request further study/analysis;

b.    Recommend denial of the Zoning Ordinance text amendment;

c.    Recommend approval of the Zoning Ordinance text amendment;

7.    City Board of Directors – If recommended for approval by the Planning Commission, the City Board of Directors considers adopting an ordinance enacting/accepting the Zoning Ordinance text amendment.  The proposal could also be heard by the City Board of Directors if the Planning Commission’s recommendation of denial was appealed to the City Board of Directors.  The City Board of Directors makes one of the following determinations:

a.    Reject the Planning Commission’s recommendation and request further study/analysis;

b.    Recommend denial of the Planning Commission’s Zoning Ordinance text amendment(s);

c.    Recommend approval of the Planning Commission’s Zoning Ordinance text amendment(s);

8.    Ordinance – Becomes effective in thirty (30) days or with adoption of an emergency clause as part of the ordinance, the ordinance would become effective immediately; and

9.    City Clerk - Following adoption by the legislative body, the adopted plans, ordinances, and regulations shall be filed in the office of the city clerk.

 

A result of adoption of this ordinance would also result in deletion of an obsolete paragraph that restricts sidewalk sales downtown to two specific announced dates set by the City Manager.   

 

Once the ordinance becomes effective, business property owners could have sidewalk pianos, artists activities, benches, flower pots, etc. as added street enhancements adjacent to their businesses. If commercial outdoor sales were desired, application would need to be made and approved by the Historic District Commission and would require a fifty-dollar ($50) cost recovery fee, otherwise following the regular procedures for all Certificates of Appropriateness for local ordinance historic districts.  Other installations such as kiosks or temporary shade features outside the area adjacent to the businesses would require inspection and approval by the Public Works Director or a designee. 

 

The City’s Central business district (C-2 zoning district) is discussed and defined below:

  

(3)   C-2 central business district.  This district is designed to be the central business district or the downtown shopping and employment are for the community and surrounding trade area. This district is designed to accommodate retailing of all kinds, professional offices, financial institutions, transients facilities, amusement facilities, and limited wholesaling and warehousing. 

 

Few, if any, land use conflicts are anticipated by amending the City's Zoning Ordinance to allow sidewalk sales.  The required Historic District Commission review and approval would govern appearance of the commercial displays and adjacent property owners are notified and invited to all reviews for outdoor sales displays proposed.

 

 

 

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, January 28, 2018 edition of the Texarkana Gazette.  The City published the required legal notice once fifteen (15) days prior to the public hearing as required by the Arkansas Code of 1987 Annotated 14-56-422 (Adoption/amendment of plans, ordinances, & regulations).  Also, all business owners in the 100-400 blocks of East Broad Street were invited to the public hearing by letter. 

 

OPPOSITION TO ZONING ORDINANCE TEXT AMENDMENT:

 

 

None.

 

ADDITIONAL ACTION BY CITY BOARD OF DIRECTORS:

 

 

The City Board of Directors could consider the Planning Commission's recommendation at their regular meeting on Monday, March 5, 2018 and approve or deny the ordinance required to amend the text of the zoning ordinance.  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:

 

 

On a motion by Commissioner Hickerson seconded by Commissioner Smith to amend the text of the Zoning Ordinance to allow outdoor sales and other usage of the sidewalks adjacent to businesses in the 100-400 blocks of East Broad street and other activities: 

 

  1. Add Notes regarding allowed sidewalk uses and procedures in Chapter 28, Article III, Section 28-22 for the C-2 Central Business zone of the Texarkana, Arkansas Code of Ordinances; and

 

  1. Amend the Historic District Commission fee schedule as shown in Chapter 19 Planning, Article III, the Historic District Commission, Sec. 19-52 (d) (6) to include sidewalk use review fees; and

 

  1. Amend Chapter 23, Article I, Sec. 23-10 (b) to add, except as allowed in the zoning chapter, and Sec. 23-10 (c) to delete this section disallowing sidewalk signs or merchandise sales.

 

After conducting the required statutory public hearing on February 13, 2018, the Planning Commission recommends approval of the foregoing by the following 4-0 roll call vote with three absent:

 

 

 

 

Thomas Scott, Chairperson

Bertha Dunn, Vice-Chairperson

Absent

Yes

 

 

George Coker Bertha Dunn

Adger Smith

Absent

Yes

 

 

Randall Hickerson

Boots Thomas

Jason Dupree

Yes
Yes

Absent

 






 

BOARD ACTION REQUESTED:

 

 

The Board action requested is to consider adopting an ordinance amending the text of the Municipal Code to allow sidewalk sales and display, enhancements and cultural activities in the 100-400 blocks of East Broad Street.  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