CITY OF TEXARKANA, ARREQUEST FOR BOARD ACTION |
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AGENDA TITLE: Adopt an Ordinance rezoning the property in the 900 Block of South Rondo Road from R-1 Rural Residential to R-1 Rural Residential Overlay (Landrith). (PWD-Planning) (SECOND READING) City Planner Mary Beck
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AGENDA DATE: 03/19/2018 (First Reading 03052018) |
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ITEM#: 9 |
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DEPARTMENT: Planning Division, Public Works Department |
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DATE SUBMITTED: 02/14/2018 |
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PREPARED BY: Mary Beck, City Planner/Historic Preservation Officer |
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SUBJECT: Ricky Landrith rezoning from R-1 Rural Residential to R-1 Rural residential overlay in the 900 block of S. Rondo Road. |
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EXHIBITS: Ordinance, City Planner's Memorandum, Appendix A (legal description) & Location Map |
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APPROVAL:
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EXPENSE REQUIRED: $0.00 |
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AMOUNT BUDGETED: $0.00 |
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APPROPRIATION REQUIRED: $0.00 |
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SUMMARY: Mr. Landrith’s extended family has owned this land for over 100 years. He would like to place a double-wide manufactured home on this property for his daughter. The Planning Commission recommends approval of the R-1 Rural residential to the R-1 Rural residential overlay district that allows manufactured homes. The manufactured home district is located across Rondo Road from this property on the west and is bordered by railroad tracks on the northeast. The vote to approve by a 4-0 vote with 3 commissioners absent was unopposed. The City staff notified seven (7) property owners within three-hundred feet as required by City ordinance. The Board action requested is to consider an ordinance rezoning the property.
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BOARD ACTION: The City Manager, Planning Commission, and staff recommend board approval. EMERGENCY CLAUSE: NA
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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.
A tract of land in the SW1/4 of the SW1/2 of Section 35, T. 15 S., R. 28 W., Miller County, Arkansas and being the part of said SW SW lying South of the South right of way line of St. Louis Southwestern Railway and being more particularly described by mates and bounds as follows:
BEGINNING at the Southwestern corner of said Section 35, T. 15 S., R. 28 W., Miller County, Arkansas;
THENCE – N. 00 21’ 57’ W., with West line of said Sec. 35, a distance of 279.58 ft. to the South right of way line of St. Louis Southwestern Railway, same being 50 ft at right angles from centerline of main track;
THENCE – N. 89 35’ 52’ W., with said Section line, 468.97 ft. to the POINT OF BEGINNING and containing 1.505 acres of land, more or less; AND SUBJECT TO such rights as may be vested in the public for Arkansas State Highway No. 237 right of way along the West boundary line of the above described property.
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 in the 900 Block of South Rondo Road. This is solely a rezoning and no other action, conveyance or release of interest.
PASSED AND APPROVED this 19th day of March, 2018.
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Ruth Penney Bell, Mayor
ATTEST:
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Heather Soyars, City Clerk
APPROVED:
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George M. Matteson, City Attorney
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CITY OF TEXARKANA, ARKANSASDEPARTMENT OF PUBLIC WORKS216 WALNUT STREET 71854-6024 P.O. BOX 2711 – TEXARKANA, ARKANSAS 75504-2711 PHONE (870) 779-4971 – FAX (870) 773-2395 |
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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 –
Rickey Landrith, rezoning from R-1 Rural residential to R-1 Rural
residential overlay. The property is located in the 900 block of S.
Rondo Road.
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REQUEST:
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REZONING - Request for rezoning by Rickey Landrith, 9051 Old Post Road, Texarkana, AR 71854-8976 from a R-1 Rural residential zone to an R-1 Rural residential overlay. |
LEGAL DESCRIPTION:
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The property is legally described as PT SW, SW, Sec. 35, T15S, 28W, Texarkana, Miller County, Arkansas and contains 1.51 acres more or less. |
REASON FOR REQUEST:
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To install a double-wide manufactured home for their daughter to dwell in on family land. |
EXISTING LAND USES:
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Site: |
Vacant |
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North: |
Residential |
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South: |
Residential |
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East: |
Residential |
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West: |
Residential |
EXISTING ZONING:
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Site: |
R-1 Rural residential |
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North: |
R-1 Rural residential |
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South: |
R-1 Rural residential |
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East: |
R-1 Rural residential |
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West: |
R-1 Rural residential overlay |
AVAILABLE UTILITIES:
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Municipal Water: |
8" in Rondo Road ROW
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Municipal Sanitary
Sewer: |
Septic system reviewed by Miller County Health Department |
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TRANSPORTATION NETWORK:
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Local Streets(s): |
None |
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Collector Street(s): |
None |
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Minor Arterial Street(s): |
Rondo Road |
COMPATIBILITY WITH EXISTING DEVELOPMENT:
The site consists of one vacant parcel that previously had a single wide mobile home at the time of annexation into the City. The area is not addressed on the long-term comprehensive plan of 1988 but is compatible with the adjacent low-density residential recommendations that did not address manufactured homes. The requested zoning matches the zoning to the west.
Current zoning:
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.
Requested zoning:
R-1 rural residential overlay district.
Purpose and intent. The R-1 overlay zoning district is established to provide a neighborhood of the city where multi-section manufactured homes (post regulation, 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).
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 post federal regulation (after June 15, 1976) multi-section manufactured homes.
CONFORMANCE WITH APPLICABLE ORDINANCES AND/OR STATE STATUTES:
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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 notified seven (7) adjacent property owners within three hundred feet (300˘) as required by the Texarkana, Arkansas Code of Ordinances. |
OPPOSITION TO REZONING:
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None. |
PLANNING COMMISSION RECOMMENDATION:
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BOARD ACTION REQUESTED:
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The Board action requested is to consider an ordinance rezoning the property in the 900 Block of S. Rondo Road from R-1 Rural residential to R-1 Rural residential overlay. 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.
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Enclosure: Location Map
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REZONING PC-2018-002
Prepared by: Planning Division - Public Works Department City of Texarkana, Arkansas |
Appendix A
Legal description – from quick claim deed to Rickey Landrith
