ORD NO 01-2012 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 1 2012
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 Nathan and Gwendolyn Kerby represented by Brixey
Engineering 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 Press -Argus Courier on November
19, 2011, and a public hearing was conducted as required by law (A.C.A. 14 -56 -422)
on January 3, 2012; and
WHEREAS, as a result of this hearing, the Planning Commission has recommended that certain
property within the city limits of the City of Van Buren be rezoned from its previous
classification to the following:
Property Zoned New Zoning
R -2 (Two- Family Residential District) R -3 (Multi Family Residential District)
Part of the Northeast Quarter (NE /4) of the Northeast Quarter (NE /4) of
the Southeast Quarter(SE /4) of Section 19, Township 9 North, Range 31
West, Crawford County, Arkansas, being more particularly described as
follows:
Commencing at the Northeast corner of said NE /4 of the SE/4; thence N
86°1828" W, 190.00 feet to the Northeast corner of Lot 7 of Sharri -Lyn
Addition as filed for record July 20, 1966; thence South 15 °23'28" E,
163.00 feet; thence S 46 °21'32" W, 43.40 feet to the point of beginning;
thence S 46 °21'32" W, 68.00; thence N 86 °18'28" W, 165.50 feet; thence
S 03 °41'32" W, 160.00 feet; thence N 86 °18'28" W, 285.00 feet; thence
N 04 °13'38" E, 287.50 feet to the South line of Lotsl through 5 of said
Sharri -Lynn Addition; thence S 87 °00'13" E, 282.34 feet along said
South line; thence S 03 °41'32" W, 80.92 feet; thence S 86 °18'28" E,
211.58 feet to the point of beginning; containing 2.10 Acres, more or
less, being subject to public road rights of way and any easements of
record;
and
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 -2 to R -3 and the Van Buren
Zoning Map is 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 5 for and 0 against, the fore; mg 1 rdinance at its regular meeting
held on the 23" day of January, 2012.
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ATTESTED: 4l APPROVED S TO FORM:
Barbie Curtis Cans ce A. Settle
City Clerk/Treasurer City Attorney
MEMORANDUM
TO: All City Council Members
FROM: Mayor Freeman
DATE: January 19, 2012
RE: January Meeting Agenda Item
Item three (3) of the January Meeting Agenda is an Ordinance regarding a property re -zone
request. The request was passed by the Planning Commission and referred to the City Council
for approval. Please be aware of the objections from the surrounding property owners
(neighbors) which is detailed in their letter to the Planning Commission attached to the
Ordinance enclosed your packet. The Planning Commission did not feel their objections
warranted them not approving the re -zone request.
The neighbors might be attending the City Council meeting to restate their objections.
To the Rezoning Commission
This is an open letter to the Van Buren, Arkansas Rezoning Commission.
The surrounding PROPERTY OWNERS, had a meeting with the prospective buyer,
Brandon Woodrome, concerning the 2600 Block of oechard Lane, part NE /4 NE /4
section 19, T -9 -N R -31 -W Van Buren, Arkansas. Chad Brixey, from the Brixey
Engineering and Land sureying, Inc. was also in attendance.
Nathan and Gwendolyn Kerby who requested the rezoning where not in
attendance.
1. The one street going in and out will create a traffic hazard to
surrouning Property Owners childen and grandchildren.
2. Not all questions asked by the surrounding Property Owners where answered.
some answers where addressed as unknown, or not addressed.
3. The prospective buyer, has no plan in place, for the cost of vermin removal
from surrouding Property Owners homes, if construction occurs.
4. The prospective buyer, has assured surrounding Property Owners, property
values will go up. After checking with the City of van Buren, Arkansas.
Property Owners have found out current property values will decrease.
There is no plan, in place, to compensate the current Property Owners
when their property values fall.
5. There are no guidelines in place, to assure sex offenders are not leasing
from the prospective buyer, nor will there be on site management.
6. The prospective property buyer, says he is going to develop the property and
then put it up for sale. This will leave the surrounding Property Owners to
bear the burden, hardship and costs, that will be left after the property
is developed and then resold.
7. The prospective buyer, assured the surrounding Property Owners, he
would give references, to date these references have not been given.
Due to these factors and many other concerns, the surrounding Property
Owners do not wish, the rezoning to take place.
we ask the attached petition and this letter be included in all
Page 1
To the Rezoning Commission
deliberations, regarding the request for rezoning.
Thank you for your service to our community.
Page 2
opposing rezoning of Laymen's address of 2600 Block of Dechard Lane
The following is an open letter to be delivered to the van Buren, Arkansas
Planning Commission.
We the undersigned collectively resolve that:
The current effort to rezone property adjacent to our neighborhood, has us
all concerned.
There are many potential negative effects, and as earnest taxpayers, we want
our voices heard.
We believe this request is not in the best interest of the neighborhood and
thus request the rezoning at the Laymen's address, of 2600 Block of Dechard
Lane be denied.
Families in the immediate neighborhood, represented in this petition, are
opposed to this request.
we ask that the Van Buren Arkansas Planning Commission, deny this request
to rezone the property.
we want this petition to be included in the deliberations, as the undersigned
are in strong opposition to this property being rezoned.
Thank you for your service to our country and community, and your sensitivity
to the wishes of the electorate.
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t .r Lilt il.Z2221
Ltzz Ems.
Page 1
opposing rezoning of Laymen's address of 2600 Block of Dechard Lane
The following is an open letter to be delivered to the van Buren, Arkansas
Planning Commission.
we the undersigned collectively resolve that:
The current effort to rezone property adjacent to our neighborhood, has us
all concerned.
There are many potential negative effects, and as earnest taxpayers, we want
our voices heard.
We believe this request is not in the best interest of the neighborhood and
thus request the rezoning at the Laymen's address, of 2600 alock of Dechard
Lane be denied.
Families in the immediate neighborhood, represented in this petition, are
opposed to this request.
we ask that the van Buren Arkansas Planning commission, deny this request
to rezone the property.
we want this petition to be included in the deliberations, as the undersigned
are in strong opposition to this property being rezoned.
Thank you for your service to our country and community, and your sensitivity
to the wishes of the electorate.
A. fri e VP/ aj /I
Aare
119i,
Page 1
opposing rezoning of Laymen's address of 2600 Block of Dechard Lane
The following is an open letter to be delivered to the van Buren, Arkansas
Planning Commission.
We the undersigned collectively resolve that:
The current effort to rezone property adjacent to our neighborhood, has us
all concerned.
There are many potential negative effects, and as earnest taxpayers, we want
our voices heard.
we believe this request is not in the best interest of the neighborhood and
thus request the rezoning at the Laymen's address, of 2600 Block of Dechard
Lane be denied.
Families in the immediate neighborhood, represented in this petition, are
opposed to this request.
we ask that the van Buren Arkansas Planning Commission, deny this request
to rezone the property.
We want this petition to be included in the deliberations, as the undersigned
are in strong opposition to this property being rezoned.
Thank you for your service to our country and community, and your sensitivity
to the wishes of the electorate.
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