ORD NO 27-2023 City of Van
MunicipalComplex
1003 Broadway • Van Buren, Arkansas 72956
Ordinance
Has been AMENDED as of
Please refer to
Ordinance ��
Shawnna M. Reynolds
City Clerk-Treasurer
a
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO,-Q,7 -2023
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963
VAN BUREN MUNICIPAL CODE (NO.14.04.01) FOR THE
PURPOSE OF REZONING CERTAIN PROPERTY IN THE
CITY OF VAN BUREN, ARKANSAS, AMENDING THE
ZONING MAP OF THE CITY OF VAN BUREN,ARKANSAS,
AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the law of the State of
Arkansas,with all powers, authority, and duties of a city of the first class; and
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van Buren
(Ordinance No. 7-1963); and
WHEREAS, a request has been made by Barry S. Wilson, owner of Tom's Heating and Air
Conditioning LLC, to rezone certain property within the city limits of the City of
Van Buren; and
WHEREAS, notice of a Public Hearing was duly published in the Southwest Times Record and
a public hearing was conducted as required by law (A.C.A 14-56-422) on August
20,2023; and
WHEREAS, as a result of this hearing, the Planning Commission recommended that certain
property within the city limits of the City of Van Buren be rezoned from its previous
classification to the following:
Current Zoning New Zoning
R-1 Family Residential District Commercial-2 Thoroughfare
Commercial District
Legal Description:
Lot 57,Block 4, Hardin Addition
LUman's Address
410 Northview Drive
WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire
Planning Commission, in accordance with A.C.A. 14-56-422.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The above-described property is hereby rezoned from R-1 to C-2 and the Van
Buren Zoning Map is hereby amended to reflect this rezoning.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did
pass, approve, and adopt,by a vote of_for and_ against,the foregoing Ordinance at its
regular meeting held on the 25th day of September 2023.
G�eck Trews
City of Van Buren
ose . Hurst
m
o� ayor
o/d County,Ps
ATTESTED: APPRO + FORM:
Shawnna Rey 1 s Jacob
City Clerk/Treasurer City Attorney
�J
f
�uity of Van Buren, Arkamas
m ® 1
Mumcipal
1003 Broadway o Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: REZONING OF 410 NORTHVIEW DRIVE.
LOT 57,BLOCK 4, HARDIN ADDITION
R-1 TO C-2
DATE: SEPTEMBER 18,2023
A
Barry S.Wilson, owner of Tom's Heating&Air Conditioning,LLC, applied to change the
zoning of the subject property(see enclosed maps) from R-1 to C-2.
The purpose of the rezoning is to change the zoning to match the use of the property. The
property has been used for commercial purposes for many years,but the zoning has been
Residential-1.Mr. Wilson wants to make improvements to the property including two building
additions but because of the existing zoning he needs to change the zoning to make the zoning
conform with the use.
Mr. Wilson's enclosed letter states that the building additions will allow them to improve the
appearance of the property and to conceal the outside equipment and material from plain sight.
The Planning Commission reviewed this application at their September 5,2023,regular meeting.
Following discussion,the Planning Commission voted unanimously to recommend the rezoning q
to the City Council for approval.
Please let me know if you have any questions or require any additional information.
i
CITY OF VAN PION REZONING A,PPLICATION
REZONE NUMBER:APPLICANT NAME: r /_} 5 G� ? Lr" TELEPHONE NUMBER: �-t 7�. 7'fU'�
ADDRESS: Ig 950,
PROPERTY OWNED BY: i���sh1, TELEPHONE NUMBER: �72? (e)•59Q 1,
ADDRESS: m w' �Lsl to V cL11,._ �gna
COUNTY ASSESSOR'S PARCEL NUMBER: (C)t)-b3 I P-42 - bbo -c
PRESENT USE: PROPOSED USE:
APPLICANT SIGNATURE �J r
PLANNING DEPARTMENT PROVIDES:
REZONING FROM:_ TO: C. - a DATE.FILED:
PUBLIC HEARING DATE: C��I.C�S� �� CONTINUED TO DATE:
APPLICATION FEE PAID: c aZ s OTHER FEES:
t
PLANNING COMMISSION ACTION: DATE:
CITY COUNCIL ACTION: DATE:
i
i
ORDINANCE NUMBER:
TOM'S HEATING AND AIR CONDITIONING LLC
410 NORTHVIEW DR
VAN BUREN, AR 72956
479-474-8850
JUNE 26,2023
DEAR HONORABLE MAYOR HURST, MEMBERS OF THE CITY COUNCIL AND MEMBERS OF THE
CITY PLANNING COMMISSION OF THE GREAT CITY OF VAN BUREN,ARKANSAS.
MY NAME IS BARRY WILSON, I AM THE OWNER OF TOM'S HEATING AND AIR CONDITIONING
LOCATED AT 410 NORTHVIEW DR, I AM WRITING THIS LETTER IN REQUEST OF A ZONING
CHANGE FROM RESIDENTAIL TO COMMERICAL TO BE ALLOWED TO ADD AN ADDITION TO
THE EXISTING BUILDINGS ON LOT 57 BLOCK 4 OF HARDIN ADDITION,THIS PROPERTY WAS
ORIGINALLY CONSTRUCTED IN THE LATE 70'S TO EARLY 80'S AS A COMMERICAL BUSINESS
AND HAS ALWAYS BEEN UTILIZED AS A COMMERICAL PROPERTY. TOM'S HEATING AND AIR
OPERATED THERE FROM 1991-2000 BEFORE RE-LOCATING TO NO HWY 59, UNTIL WE
RETURNED TO OPERATE A THIS PROPERTY IN 2012 AND STILL OPERATE OUR BUSINESS THERE
TIL THIS DAY,WERE WE HAVE ONCE AGAIN OUT GROWN THE WAREHOUSE SPACE. THE
PROPERTY CURRENTLY HAS [11 1560 SQ FEAT BUILDING CONSTRUCTED OF CONCRETE
BLOCKS WITH SHINGLED ROOF AND[111280 SQ FEET OFFICE BUILDING ALSO CONSTRUCTED
OF CEMENT BLOCKS WITH VINYL SIDING AND SHINGLED ROOF. AS PREVIOUSLY STATED WE
NEED MORE WAREHOUSE SPACE FOR NEW HVAC EQUIPMENT AND DUCT MATERIALS TO BE
MORE EFFICENT,SERVE OUR CUSTOMERS AND MAKE OUR PRE JOB ORDER FILLING MORE
EFFICENT.
WE WOULD LIKE TO ADD A ROOF AND WALLS TO TIE THE 2 BUILDINGS TOGETHER,THIS WILL
ADD APPROX.600 SQ FEET FOR THE USE OF MATERIAL STORAGE AND ADD AN ADDITIONAL
30'X25'TO THE NORTHEND OF OUR EXISITING WAREHOUSE/SHOP BUILDING,THIS WILL BE
UTILIZED FOR HOUSING NEW HVAC EQUIPMENT. WE ALSO PLAN TO IMPROVE THE OVERALL
EXTERIOR BY SIDING ALL OF THE NEW ADDITION AND STREET FACING PORTION OF THE
EXISITING BUILDING WITH COLORED METAL AND TRIM, REPLACE AND REPAIR THE DRIVE
AND PARKING WITH CONCRETE AND INSTALL A PRIVACY FENCE TO CONCEAL ALL OF OUR OLD
DISCARDED HVAC EQUIPMENT UNTIL THEY CAN BE RECYCLED AS SCRAP METAL. WE NEED
THE CONSENT TO REZONE TO MAKE THESE EXPANSIONS AND IMPROVEMENTS TO THIS
PROPERTY.
OVERALL I BELIEVE BY ZONING THE PROPERTY TO COMMERCIAL IT WILL HAVE ZERO
NEGATIVE IMPACT ON THE NEIGHBOR HOOD, NO INCREASE IN TRAFFIC OR DELIVERY
VEHICLES THAN WHAT IS ALREADY PRESENT.THE POSITIVE BENEFITS TO THE REZONING TO
COMMERICAL WOULD BE A MORE MODERN APPEARANCE TO THE BUILDINGS AND A LOT
CLEANER YARD WITH THE ADDITION OF THE PRIVACY FENCING TO CONCEL OUR OUTSIDE
DISCARDED EQUIPMENT AND MATERIAL FROM PLAIN SIGHT.
THANK YOU FOR YOUR CONSIDERATION.
SINCERELY
7e �
BARRY WILSON, OWNER
TOM'S HEATING AND AIR CONDITIONING LLC
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C' of Van Buren,
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Mumapai, lx
1003 Broadway o Vag Buren, Arkansas 72956
PLANNING COMMISSION REZONING MEMORANDUM
TO: PLANNING COMMISSION
m
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: PARCEL 700-03126-000-C; R-1 TO C-2
DATE: AUGUST 28,2023
CC:
1
APPLICANTS) Tom's Heating and Air
REASON FOR REZONING Construct an addition for the use of warehouse and shop for
existing business.
SITE DATA
2
Location. See attached map(s).
s
Existing Structures. Yes. See attached map.
2
Current Zoning R-1 which permits single family dwellings. a
s
Requested Zoning C-2 which allows commercial structures and land uses per the zoning code.
Adjacent Zoning and Land Uses Residential-1 and C-2. See attached map.
Master Land Use Plan The 2009 Master Land Use Plan shows this property is in an area
classified as Single Family/Duplex but appears to abut the Commercial land use classification
running parallel with Fayetteville Rd.
Master Street Plan. Local Streets
Flood Plain. N/A
4
Public Improvements. N/A
STAFF COMMENTS
According to the applicant's letter this property has been the location of a commercial business since
the late 70's to early 80's.The previous businesses operated as a legal nonconforming to the zoning.
The proposed addition to the building necessitates the rezoning of the property.Properties west and 3
north of this property are zoned C-2.