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APPROVAL:
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This is
where the parties involved with the agenda sign off on the items to be
reviewed at the meetings. The actual signatures have been removed
for security reasons.
ORDINANCE NO. ______
AN ORDINANCE AMENDING ORDINANCE NO. K-286.
WHEREAS, the City of Texarkana, Arkansas, has recently annexed the following described properties into the corporate limits of the City of Texarkana, Arkansas, the same being more specifically described:
Island 13:
The property is legally described as land in the S½, NE¼ and S½ of Section 3; N½ and the N½, SW¼ and the SE¼ of Section 10; E½, NE¼, and N½, SE¼ of Section 9, Township-15-South, Range-28-West, Miller County, Arkansas and presently not within the corporate municipal limits of the City of Texarkana, Arkansas and lying South of IH30, West of Rondo Road, East of the 4-States Fairgrounds, and North of the Texarkana Regional Airport.
Island 50:
The property is legally described as land in the SE¼, Section 5; the S½, Section 4; the NE¼, Section 8; and all of the W½ and the W½, E½, and the W½, NE¼, SE¼, Section 9, Township-16-South, Range-28-West, Miller County, Arkansas presently not within the corporate municipal limits of the City of Texarkana, Arkansas and lying East of the East right-of-way line of IH49 (under construction), South of the North right-of-way line of US71, North of the South right-of-way line of Trinity Road (County Road #44), and West of the existing City limits. The property is located East of IH49 (under construction) between US71 South (East Street) and Trinity Road.
Island 51:
The property is described as land in the E½, Section 33; the S½, Section 34, Township-15-South, Range-28-West; the NE¼, Section 4; all of Section 3; the N½ and the NE¼, SE¼, of Section 10, Township-16-South, Range-28-West, Miller County, Arkansas presently not within the corporate municipal limits of the City of Texarkana, Arkansas and lying between Genoa Road and Will Grear Road and between Loop #245 and Highway #237. The property is located between Genoa Road and Boyd Road and between Hastings Crossing Road and Beasley Hill Road.
Island 53:
The property is described as land in the NE¼, NE¼, Section 15, Township-16-South, Range-28-West, Miller County, Arkansas presently not within the corporate municipal limits of the City of Texarkana, Arkansas and lying South of CR #44 and West of US71. The property is located in the 5200-5600 block of East Street (US71) on the West side.
WHEREAS, the Planning Commission, after public hearing, recommends that the property in
“Island 13” be zoned R-1 Rural Residential District, C-3 Open Display Commercial District, and M-1 Limited Manufacturing District, “Island 50” be zoned R-1 Rural Residential District, R-M Manufactured Housing District, C-3 Open Display Commercial District, “Island 51” be zoned R-1 Rural Residential District, C-3 Open Display Commercial District, and “Island 53” be zoned R-1 Rural Residential District;
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas that Ordinance No. K-286, as amended, should be amended to zone the above described properties in the City of Texarkana, Arkansas R-1 Rural Residential District, R-M Manufactured Housing District, C-3 Open Display Commercial District, and M-1 Limited Manufacturing District in accordance with the maps of said properties attached hereto and made a part hereof.
PASSED AND APPROVED this 7th day of August, 2000.
_______________________________
Danny Gray, Mayor
ATTEST:
_______________________________
Patti Scott Grey, City Clerk
APPROVED:
_______________________________
Ned A. Stewart, Jr., City Attorney
M E M O R A N D U M
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TO: |
Stephen D. Hughes, City Manager |
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FROM: |
Eston W. McGee II, City Planner |
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SUBJECT: |
August 7, 2000 Board of Directors Agenda Item - Island No. 13 Zoning Recommendation(s) |
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DATE: |
July 26, 2000 |
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REQUEST: |
Zoning recommendation(s) for Island No. 13 – Conduct a public hearing to make zoning recommendations for Island No. 13 that is a pocket of property proposed for annexation and totally surrounded by the existing municipal limits of Texarkana, Arkansas. The property is legally described as land in the S½, NE¼ and S½ of Section 3; N½ and the N½, SW¼ and the SE¼ of Section 10; E½, NE¼, and N½, SE¼ of Section 9, Township-15-South, Range-28-West, Miller County, Arkansas and presently not within the corporate municipal limits of the City of Texarkana, Arkansas and lying South of IH30, West of Rondo Road, East of the 4-States Fairgrounds, and North of the Texarkana Regional Airport. |
AVAILABLE UTILITIES:
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Municipal sanitary sewer service is not available at this time. The area is partially served by TWU and the Mandeville Water District: |
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Municipal Water: |
Partially served at this time by TWU and the Mandeville Water District. |
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Municipal Sanitary Sewer: |
Not available at this time. |
TRANSPORTATION NETWORK:
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Residential Street(s): |
East Heights Road |
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E. 48th Street |
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E. 50th Street |
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E. 54th Street |
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Clay Pit Road |
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Sammy Lane |
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Whatley Lane |
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Collector Street(s): |
Rondo Road (Highway #237) |
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Major Arterial Street(s): |
IH30 |
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E. Broad Street (US67 North) |
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Old US67 North (Mandeville Road) |
COMPATIBILITY WITH EXISTING DEVELOPMENT:
Although the area proposed for annexation lies outside the area studied for the 1988 Long-range Development Plan, it is recommended this area be annexed since it is within the City’s extraterritorial subdivision jurisdiction and since it is an “island” or property totally surrounded by the Texarkana, Arkansas municipal limits. There is limited municipal water service provided by Texarkana Water Utilities and the Mandeville Water District. Municipal sanitary sewer service is not available at this time.
It is possible that the proposed IH49 corridor will cross this area proposed for annexation once the environmental studies are completed. The environmental studies are being performed in order for the Arkansas Highway & Transportation Department (AHTD) to make recommendations for the proposed North corridor between Texarkana and DeQueen, Arkansas. The success of commercial development along the proposed IH49 through the City depends so much on construction of frontage roads. In the State of Arkansas, the City is responsible for acquiring the right-of-way and participating (10% to 20%) in the construction of the frontage roads that can be a necessary and expensive proposition for the City. Additionally, it is anticipated that the intersection of IH30 and IH49 will prove to be an extremely important commercial intersection for the City.
This area proposed for annexation is served by the existing transportation network (Clay Pit Road, Old Clay Pit Road, Sammy Lane, E. 48th Street, E. 50th Street, E. Broad Street, Mandeville Road, and IH30). The zoning recommendation in the Plan for property outside the mapped area in this neighborhood was generally recommended to be R-1 Rural Residential with more intensive zones where the land uses are established.
Without knowing the exact corridor of IH49 through the City at this location, it is difficult to urge development of single-family residential developments. The Plan didn’t really propose much R-1 Rural Residential. The property along the IH49 corridor will most likely develop commercially.
The R-1 zone allows single-family dwelling units only, no duplexes or apartments. The minimum lot size for new residential subdivisions is 16, 130 sq. ft. of land area with a 100'-0" lot width at the 30'-0" front yard setback line. R-1 Rural Residential is recommended for some of the interior areas of the island proposed for annexation. The R-1 Rural Residential zone is defined as follows:
R-1 Rural Residential - “This is a district for single-family homes on large rural lots or acreages, 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.”
There are numerous commercial businesses along the West side of E. Broad Street with residential land uses along the East side. The highest and best use for this property is C-3 Open Display Commercial. The staff was contacted by Mr. Charlie Dieffenbacher, Mr. Al Davis, and Mr. Silas Bruce all requesting C-3 zoning for their individual properties on the West side of E. Broad Street. Mr. Dieffenbacher owns 176 acres that stretches from US67 to IH30. The C-3 Open Display Commercial zone is defined as follows:
C-3 Open Display Commercial - “This district is established in order to provide adequate locations for retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. Among these uses are automobile and other vehicular service establishments, transient sleeping accommodations, and eating and drinking establishments. The district is also intended to provide a location for the limited amount of merchandise, equipment and material being offered for retail sale that, because of the type of material or transportation requirements, are suitable for display and storage outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian oriented commercial districts and shopping centers since they tend to obstruct and interfere with pedestrian movements. Appropriate locations for this district are along heavily traveled major traffic arterials.”
Mr. Danny Jewell made the specific request for M-1 Limited Manufacturing for property on E. Broad Street that he purchased from the Texarkana Chamber of Commerce last Fall. Since there is access to the Union Pacific railroad, it is logical to provide the zoning that will encourage industrial development at the North end of the Texarkana Regional Airport which is zoned M-1 Limited Manufacturing. The airport supports the M-1 zoning recommendation for their property. There are screening requirements between residential and industrial property that allows the two zones to function adjacent to each other. The M-1 Limited Manufacturing zone is defined as follows:
M-1 Limited Manufacturing - “This district is for clean, quiet industries on ample landscaped sites with plenty of room for parking and plant expansion. These sites share access to highways and railroads, they are protected from the noise, dirt, and hazards of more objectionable industries and in turn they are good neighbors to nearby commercial, residential, and agricultural areas.”
The Arkansas Code of 1987 Annotated requires all property within the Texarkana, Arkansas City limits be zoned. The Planning Commission will conduct a public hearing to make recommendations on what the zoning should be for this area so that when the City Board of Directors considers annexation, a zoning recommendation will be available.
The following concerns emphasize the importance of annexing “islands” of property totally surrounded by the City. It is important to reduce the jurisdictional confusion for emergency personnel (i.e. City police department, City fire department, Miller County sheriff's department, and Miller County volunteer fire department(s), etc.). It is also very important to control & prevent incompatible land uses from developing within the City, but without land regulation controls (e.g. zoning, subdivision controls, building permits/inspections. Many times these "islands" develop unchecked and uncontrolled with serious negative impact on the adjacent land uses and neighborhoods that are within the City limits.
ADDITIONAL REVIEW REQUIRED:
Based on the timeline for annexation of Island No. 13, the City Board of Directors will review the “Island No. 13” annexation at their meeting on August 7, 2000. The City Board of Directors will also review the Planning Commission's zoning recommendation(s) at their regularly scheduled meeting on August 7th. The Arkansas Code of 1987 Annotated 14-40-501 - 14-40-503 describes the procedure for annexation of islands. “Whenever the incorporated limits of a municipality have completely surrounded an unincorporated area, the governing body of the municipality may propose an ordinance calling for the annexation of the land surrounded by the municipality. A public hearing shall be conducted within sixty (60) days of the proposal of the ordinance calling for annexation. At least fifteen (15) days prior to the date of the public hearing, the governing body of the municipality shall publish a legal notice setting out the legal description of the territory proposed to be annexed and notify by certified mail all the property owners within the area proposed to be annexed of their right to appear at the public hearing to present their views on the proposed annexation”.
“At the next regularly scheduled meeting following the public hearing, the governing body of the municipality proposing annexation may bring the proposed ordinance up for a vote. If a majority of the total number of members of the governing body vote for the proposed annexation ordinance then a prima facie case for annexation shall be established, and the City shall proceed to render services to the annexed area. The decision of the municipal council shall be final unless suit is brought in chancery court of the appropriate county within thirty (30) days after passage to review the actions of the governing body”.
PLANNING COMMISSION RECOMMENDATION:
On a motion by Mr. Allen Jordan and seconded by Mr. Boots Thomas, the Planning Commission (public hearing on 7-11-00) recommends assigning R-1 Rural Residential, C-3 Open Display Commercial, and M-1 Limited Manufacturing for this property proposed for annexation by a 6-0 roll call vote (one commissioner was absent due to illness):
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Boots Thomas, Chairman |
Yes |
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Allen Jordan, Vice-chairman |
Yes |
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Bonnie Auck |
Absent - III |
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Jim Atkins |
Yes |
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Ronald Bruce |
Yes |
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Charles Jackson |
Yes |
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Adger Smith |
Yes |
OPPOSITION TO ZONING RECOMMENDATION(S):
None
BOARD ACTION REQUESTED:
The Arkansas Code of 1987 Annotated requires every ordinance be read three (3) times before adoption. These three readings can take place at one meeting or at the second and/or third subsequent Board meetings. The Board action requested is to consider adopting an ordinance assigning R-1 Rural Residential, C-3 Open Display Commercial, & M-1 Limited Manufacturing for Island No. 13 proposed for annexation.
Attachment: Zoning map
M E M O R A N D U M
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TO: |
Stephen D. Hughes, City Manager |
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FROM: |
Eston W. McGee II, City Planner |
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SUBJECT: |
August 7, 2000 Board of Directors Agenda Item - Island No. 50 Zoning Recommendation(s) |
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DATE: |
July 26, 2000 |
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REQUEST: |
Zoning recommendation(s) for Island No. 50 – The Planning Commission conducted a public hearing to make zoning recommendations for Island No. 50 that is a pocket of property proposed for annexation and totally surrounded by the existing municipal limits of Texarkana, Arkansas. The property is legally described as land in the SE¼, Section 5; the S½, Section 4; the NE¼, Section 8; and all of the W½ and the W½, E½, and the W½, NE¼, SE¼, Section 9, Township-16-South, Range-28-West, Miller County, Arkansas presently not within the corporate municipal limits of the City of Texarkana, Arkansas and lying East of the East right-of-way line of IH49 (under construction), South of the North right-of-way line of US71, North of the South right-of-way line of Trinity Road (County Road #44), and West of the existing City limits. The property is located East of IH49 (under construction) between US71 South (East Street) and Trinity Road. |
AVAILABLE UTILITIES:
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Municipal sanitary sewer service is not available at this time. The area is partially served by TWU and the Union Water District with the following water line sizes: |
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Municipal Water: |
Partially served at this time by TWU and the Union Water District. |
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Municipal Sanitary Sewer: |
Not available at this time. |
TRANSPORTATION NETWORK:
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Residential Street(s): |
Pasley Lane |
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Linn Ferry Road |
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Holt Lane |
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Unnamed County Road |
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County Road #450 |
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Collector Street(s): |
County Road #44 (also known as Trinity Road & Union Road) |
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Major Arterial Street(s): |
IH49 (no access) |
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East Street (US71 South) |
COMPATIBILITY WITH EXISTING DEVELOPMENT:
Although the area proposed for annexation lies outside the area studied for the 1988 Long-range Development Plan, it is recommended this area be annexed since it is within the City’s extraterritorial subdivision jurisdiction and since it is an “island” or property totally surrounded by the Texarkana, Arkansas municipal limits. There is limited municipal water service provided by Texarkana Water Utilities and the Union Water District. Municipal sanitary sewer service is not available at this time. The area is served by the existing transportation network (East Street, Trinity Road, Holt Lane, Pasley Lane, etc.).
The zoning recommendation in the Plan for property outside mapped area in this neighborhood was recommended to be R-1 Rural Residential. R-1 Rural Residential is the recommended zoning for the bulk of this property. The R-1 zone allows single-family dwelling units only, no duplexes or apartments. The minimum lot size for new residential subdivisions is 16, 500 sq. ft. of land area with a 100'-0" lot width at the 30'-0" front yard setback line. The staff wishes to encourage development of suburban single-family residential subdivisions.
The R-1 Rural Residential zone is defined as follows:
R-1 Rural Residential - “This is a district for single-family homes on large rural lots or acreages, 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.”
There is a 55-space mobile home subdivision and/or park (with additional vacant property for expansion) on Linn Ferry Road (County Road #47) that should be zoned RM Manufactured Housing which is defined as follows:
RM Residential Manufactured Housing - “This district recognizes a specific housing type, which must be accommodated in the City of Texarkana in either rental park settings or in subdivision, which provide for ownership of structure and lot. The principal use areas may contain either “mobile” or “manufactured” dwellings. It is the intent of this district that it be located so as to not adversely affect the established residential development patterns and densities in the city. Such locations, however, shall have necessary public utilities, community facilities, and other public services in order to provide a healthful living environment with the normal amenities associated with residential districts of the city.”
There was a fairly light commercial land use inventoried (Nix Saddlery and the staff recommended C-1 General Commercial for this location on Pasley Lane. Mr. Nix requested his property be zoned R-1 Rural Residential.
There were several fairly intensive commercial land uses inventoried along East Street (Bucks & Ducks, Grandma Gantz’s gift shop, Robert’s automotive repair shop, etc.) and the staff recommends C-3 Open Display Commercial zoning for these locations. An additional commercial land use, DC Auto Repair, was inventoried on an unnamed county road. Rezoning that site to C-3 does not particularly match the definition of the C-3 zone’s requirement for C-3 zones to be on major arterial or collector streets. Automobile repair garages are not permitted in the more restrictive C-1 General Commercial zone. The auto repair business becomes a legal nonconforming use if the property is zoned R-1 Rural Residential and is allowed to remain in operation so long as there is not a lapse of operation of 6 months. The 1988 Long-range Development Plan recommended that the property at the SE corner of the intersection of Arkansas Loop #245 and East Street be zoned C-3 Open Display Commercial. The C-3 Open Display Commercial zone is defined as follows:
C-3 Open Display Commercial - “This district is established in order to provide adequate locations for retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. Among these uses are automobile and other vehicular service establishments, transient sleeping accommodations, and eating and drinking establishments. The district is also intended to provide a location for the limited amount of merchandise, equipment and material being offered for retail sale that, because of the type of material or transportation requirements, are suitable for display and storage outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian oriented commercial districts and shopping centers since they tend to obstruct and interfere with pedestrian movements. Appropriate locations for this district are along heavily traveled major traffic arterials.”
The Arkansas Code of 1987 Annotated requires all property within the Texarkana, Arkansas City limits be zoned. The Planning Commission will conduct a public hearing to make recommendations on what the zoning should be for this area so that when the City Board of Directors considers annexation, a zoning recommendation will be available.
The following concerns emphasize the importance of annexing the “islands” of property totally surrounded by the City limits. It is important to reduce the jurisdictional confusion for emergency personnel (i.e. City police department, City fire department, Miller County sheriff's department, and Miller County volunteer fire department(s), etc.). It is also very important to control & prevent incompatible land uses from developing within the City, but without land regulation controls (e.g. zoning, subdivision controls, building permits/inspections. Many times these "islands" develop unchecked and uncontrolled, but with serious negative impact on the adjacent land uses and neighborhoods that are within the City limits.
ADDITIONAL REVIEW REQUIRED:
Based on the timeline for annexation of Island No. 50, the City Board of Directors will review the “Island No. 50” annexation at their meeting on August 7, 2000. The City Board of Directors will also review the Planning Commission's zoning recommendation(s) at their regularly scheduled meeting on August 7th. The Arkansas Code of 1987 Annotated 14-40-501 - 14-40-503 describes the procedure for annexation of islands. “Whenever the incorporated limits of a municipality have completely surrounded an unincorporated area, the governing body of the municipality may propose an ordinance calling for the annexation of the land surrounded by the municipality. A public hearing shall be conducted within sixty (60) days of the proposal of the ordinance calling for annexation. At least fifteen (15) days prior to the date of the public hearing, the governing body of the municipality shall publish a legal notice setting out the legal description of the territory proposed to be annexed and notify by certified mail all the property owners within the area proposed to be annexed of their right to appear at the public hearing to present their views on the proposed annexation”.
“At the next regularly scheduled meeting following the public hearing, the governing body of the municipality proposing annexation may bring the proposed ordinance up for a vote. If a majority of the total number of members of the governing body vote for the proposed annexation ordinance then a prima facie case for annexation shall be established, and the City shall proceed to render services to the annexed area. The decision of the municipal council shall be final unless suit is brought in chancery court of the appropriate county within thirty (30) days after passage to review the actions of the governing body”.
PLANNING COMMISSION RECOMMENDATION:
On a motion by Mr. Boots Thomas and seconded by Mr. Adger Smith, the Planning Commission (public hearing on 7-11-00) recommends assigning R-1 Rural Residential, RM Residential Manufactured Housing, and C-3 Open Display Commercial for this property proposed for annexation by a 6-0 roll call vote (one commissioner was absent due to illness):
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Boots Thomas, Chairman |
Yes |
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Allen Jordan, Vice-chairman |
Yes |
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Bonnie Auck |
Absent - III |
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Jim Atkins |
Yes |
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Ronald Bruce |
Yes |
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Charles Jackson |
Yes |
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Adger Smith |
Yes |
OPPOSITION TO ZONING RECOMMENDATION(S):
Mr. Bob Curtis opposed the staff recommendation that C-3 Open Display Commercial be assigned to their family property with frontage along East Street (US71 South). Mr. Curtis understood that their commercial use (Grandma Gantz’s gift shop) would become a legal nonconforming land use if the property is zoned R-1.
Mr. Don Nix opposed the recommendation of C-1 General Commercial to his property because he had closed the Saddlery Shop on Pasley Lane and now only contains his home.
Mr. & Mrs. E. M. Holt requested their property be partially zoned C-3 Open Display Commercial and R-1 Rural Residential. The staff had recommended all of their property that has frontage on East Street be zoned C-3.
Mr. Jake Lingo requested his property be zoned R-1 Rural Residential. The staff had recommended C-3 Open Display Commercial for this property that fronts on East Street. He felt the terrain was not particularly suited for commercial development.
BOARD ACTION REQUESTED:
The Arkansas Code of 1987 Annotated requires every ordinance be read three (3) times before adoption. These three readings can take place at one meeting or at the second and/or third subsequent Board meetings. The Board action requested is to consider adopting an ordinance assigning R-1 Rural Residential, RM Residential Manufactured Housing, and C-3 Open Display Commercial for Island No. 50 proposed for annexation.
Attachment: Zoning map
ZONING RECOMMENDATION(S)
(Island Annexation)
M E M O R A N D U M
|
TO: |
Stephen D. Hughes, City Manager |
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|
|
|
FROM: |
Eston W. McGee II, City Planner |
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|
|
|
SUBJECT: |
August 7, 2000 Board of Directors Agenda Item - Island No. 51 Zoning Recommendation(s) |
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|
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DATE: |
July 26, 2000 |
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REQUEST: |
Zoning recommendation(s) for Island No. 51 – Conduct a public hearing to make zoning recommendations for Island No. 51 that is a pocket of property proposed for annexation and totally surrounded by the existing municipal limits of Texarkana, Arkansas. The property is described as land in the E½, Section 33; the S½, Section 34, Township-15-South, Range-28-West; the NE¼, Section 4; all of Section 3; the N½ and the NE¼, SE¼, of Section 10, Township-16-South, Range-28-West, Miller County, Arkansas presently not within the corporate municipal limits of the City of Texarkana, Arkansas and lying between Genoa Road and Will Grear Road and between Loop #245 and Highway #237. The property is located between Genoa Road and Boyd Road and between Hastings Crossing Road and Beasley Hill Road. |
AVAILABLE UTILITIES:
|
Municipal sanitary sewer service is not available at this time. The area is partially served by TWU and the Union Water District with the following water line sizes: |
|
|
|
|
|
Municipal Water: |
Partially served at this time by TWU and the Union Water District. |
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|
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Municipal Sanitary Sewer: |
Not available at this time. |
TRANSPORTATION NETWORK:
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Residential Street(s): |
Will Grear Road (County Road #45) |
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County Road #426 |
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County Road #308 |
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County Road #309 |
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Several unnamed roads |
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Collector Street(s): |
Hastings Crossing Road |
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Boyd Road |
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Major Arterial Street(s): |
Loop #245 |
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South Rondo Road (Highway #237) |
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Genoa Road (Highway #196) |
COMPATIBILITY WITH EXISTING DEVELOPMENT:
Although the area proposed for annexation lies outside the area studied for the 1988 Long-range Development Plan, it is recommended this area be annexed since it is within the City’s extraterritorial subdivision jurisdiction and since it is an “island” of property totally surrounded by the Texarkana, Arkansas municipal limits. There is limited municipal water service provided by Texarkana Water Utilities and the Union Water District. Municipal sanitary sewer service is not available at this time. R-1 Rural Residential is the recommended zoning for the bulk of this property proposed for annexation. The area is served by the existing transportation network (Will Grear Road/County Road #45, CR#308, CR#309, CR#425, Hastings Crossing Road, Boyd Road, and several unnamed roads).
The closest zoning recommendations in the Plan for property beyond the mapped area in this neighborhood were recommended to be R-1 Rural Residential. The R-1 zone allows single-family dwelling units only, no duplexes or apartments. The minimum lot size for new residential subdivisions is 16, 510 sq. ft. of land area with a 100'-0" lot width at the 30'-0" front yard setback line. The staff wishes to encourage development of suburban single-family residential subdivisions. The R-1 Rural Residential zone is defined as follows:
R-1 Rural Residential - “This is a district for single-family homes on large rural lots or acreages, 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.”
There is a concentration of mobile homes scattered along both sides of Hastings Crossing Road close to the intersection with Will Grear Road. Many of these property owners also utilize recreational vehicles as seasonal dwellings for relatives as well as permanent dwelling units. The City Attorney has provided the staff with a useful legal opinion regarding utilizing travel trailers for permanent as well as seasonal occupancy (copy attached). Mobile homes are allowed to remain located as they are so long as the owner or occupant does not change triggering an 8-year period within which the mobile home must be permanently built onto the site, hooked up to all available utilities, placed parallel with the street, covered in a typical site built home material, and have a pitched roof.
The staff recommended some C-3 Open Display Commercial zoning at the SE corner of the intersection of Loop #245 and Genoa Road and along the East side of Loop #245. The C-3 Open Display Commercial zone is defined as follows:
C-3 Open Display Commercial - “This district is established in order to provide adequate locations for retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. Among these uses are automobile and other vehicular service establishments, transient sleeping accommodations, and eating and drinking establishments. The district is also intended to provide a location for the limited amount of merchandise, equ9ipment and material being offered for retail sale that, because of the type of material or transportation requirements, are suitable for display and storage outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian oriented commercial districts and shopping centers since they tend to obstruct and interfere with pedestrian movements. Appropriate locations for this district are along heavily traveled major traffic arterials.”
The Arkansas Code of 1987 Annotated requires all property within the Texarkana, Arkansas City limits be zoned. The Planning Commission will conduct a public hearing to make recommendations on what the zoning should be for this area so that when the City Board of Directors considers annexation, a zoning recommendation will be available.
The following concerns emphasize the importance of annexing the “islands” of property totally surrounded by the City. It is important to reduce the jurisdictional confusion for emergency personnel (i.e. City police department, City fire department, Miller County sheriff's department, and Miller County volunteer fire department(s), etc.). It is also very important to control & prevent incompatible land uses from developing within the City, but without land regulation controls (e.g. zoning, subdivision controls, building permits/inspections. Many times these "islands" develop unchecked and uncontrolled, but with serious negative impact on the adjacent land uses and neighborhoods that are within the City limits.
ADDITIONAL REVIEW REQUIRED:
Based on the timeline for annexation of Island No. 51, the City Board of Directors will review the “Island No. 51” annexation at their meeting on August 7, 2000. The City Board of Directors will also review the Planning Commission's zoning recommendation(s) at their regularly scheduled meeting on August 7th. The Arkansas Code of 1987 Annotated 14-40-501 - 14-40-503 describes the procedure for annexation of islands. “Whenever the incorporated limits of a municipality have completely surrounded an unincorporated area, the governing body of the municipality may propose an ordinance calling for the annexation of the land surrounded by the municipality. A public hearing shall be conducted within sixty (60) days of the proposal of the ordinance calling for annexation. At least fifteen (15) days prior to the date of the public hearing, the governing body of the municipality shall publish a legal notice setting out the legal description of the territory proposed to be annexed and notify by certified mail all the property owners within the area proposed to be annexed of their right to appear at the public hearing to present their views on the proposed annexation”.
“At the next regularly scheduled meeting following the public hearing, the governing body of the municipality proposing annexation may bring the proposed ordinance up for a vote. If a majority of the total number of members of the governing body vote for the proposed annexation ordinance then a prima facie case for annexation shall be established, and the City shall proceed to render services to the annexed area. The decision of the municipal council shall be final unless suit is brought in chancery court of the appropriate county within thirty (30) days after passage to review the actions of the governing body”.
PLANNING COMMISSION RECOMMENDATION:
On a motion by Mr. James Atkins and seconded by Mr. Adger Smith, the Planning Commission (public hearing on 7-11-00) recommends assigning R-1 Rural Residential and C-3 Open Display Commercial for this property proposed for annexation by a 6-0 roll call vote (one commissioner was absent due to illness):
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Boots Thomas, Chairman |
Yes |
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Allen Jordan, Vice-chairman |
Yes |
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Bonnie Auck |
Absent - III |
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Jim Atkins |
Yes |
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Ronald Bruce |
Yes |
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Charles Jackson |
Yes |
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Adger Smith |
Yes |
OPPOSITION TO ZONING RECOMMENDATION(S):
Numerous telephone calls were received and responded to by the staff in opposition to this annexation; however, the two people that spoke regarding this item at the public hearing were not opposed to the recommended R-1 Rural Residential zoning.
BOARD ACTION REQUESTED:
The Arkansas Code of 1987 Annotated requires every ordinance be read three (3) times before adoption. These three readings can take place at one meeting or at the second and/or third subsequent Board meetings. The Board action requested is to consider adopting an ordinance assigning R-1 Rural Residential and C-3 Open Display Commercial for Island No. 51 proposed for annexation.
Attachment: Zoning map
City Attorney legal opinion (travel trailers)
ZONING RECOMMENDATION(S)
(Island Annexation)
M E M O R A N D U M
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TO: |
Stephen D. Hughes, City Manager |
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FROM: |
Eston W. McGee II, City Planner |
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SUBJECT: |
August 7, 2000 Board of Directors Agenda Item - Island No. 53 Zoning Recommendation(s) |
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DATE: |
July 26, 2000 |
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REQUEST: |
Zoning recommendation(s) for Island No. 53 – The Planning Commission conducted a public hearing to make zoning recommendation(s) for Island No. 53 that is a pocket of property proposed for annexation and totally surrounded by the existing municipal limits of Texarkana, Arkansas. The property is legally described as land in the NE¼, NE¼, Section 15, Township-16-South, Range-28-West, Miller County, Arkansas presently not within the corporate municipal limits of the City of Texarkana, Arkansas and lying South of CR #44 and West of US71. The property is located in the 5200-5600 block of East Street (US71) on the West side. |
AVAILABLE UTILITIES:
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Municipal sanitary sewer service is not available at this time. The area is partially served by TWU and the Union Water District: |
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Municipal Water: |
Partially served at this time by TWU and the Union Water District. |
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Municipal Sanitary Sewer: |
Not available at this time. |
TRANSPORTATION NETWORK:
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Residential Street(s): |
None |
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Collector Street(s): |
County Road #44 (Union Road) |
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Major Arterial Street(s): |
East Street (US71 South) |
COMPATIBILITY WITH EXISTING DEVELOPMENT:
Although the area proposed for annexation lies outside the area studied for the 1988 Long-range Development Plan, it is recommended this area be annexed since it is within the City’s extraterritorial subdivision jurisdiction and since it is an “island” or property totally surrounded by the Texarkana, Arkansas municipal limits. There is limited municipal water service provided by Texarkana Water Utilities and the Union Water District. Municipal sanitary sewer service is not available at this time. R-1 Rural Residential is the closest recommended zoning for this property beyond the mapped area of the Plan. The majority of property owners intend to construct homes on the property although it has frontage on East Street. The area is served by the existing transportation network (East Street/US71 South and Union Road). There was one commercial land use inventoried and one single-family residence inventoried. The property owner has plans to utilize the commercial building as a nonconforming use once the property is zoned R-1 Rural Residential. The R-1 zone is defined as follows:
R-1 Rural Residential - “This is a district for single-family homes on large rural lots or acreages, 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.”
The Arkansas Code of 1987 Annotated requires all property within the Texarkana, Arkansas City limits be zoned. The Planning Commission conducted a public hearing on July 11, 2000 to make recommendations on what the zoning should be for this area so that when the City Board of Directors considers annexation, a zoning recommendation will be available.
The following concerns emphasize the importance of annexing “islands” of property totally surrounded by the City. It is important to reduce the jurisdictional confusion for emergency personnel (i.e. City police department, City fire department, Miller County sheriff's department, and Miller County volunteer fire department(s), etc.). It is also very important to control & prevent incompatible land uses from developing within the City without regulations (e.g. zoning, subdivision controls, building permits/inspections, etc.). Many times these "islands" develop unchecked and uncontrolled with serious negative impact on the adjacent land uses and neighborhoods that are within the City limits.
ADDITIONAL REVIEW REQUIRED:
Based on the timeline for annexation of Island No. 53, the City Board of Directors will review the “Island No. 53” annexation at thei