ORD NO 16-2019 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. 11 -2019
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. 07-1963 (AS
AMENDED) FOR THE PURPOSE OF ADDING HOMELESS
SHELTER AND TRANSITIONAL DWELLING AS A
CONDITIONAL USE AND SETTING DEFINITIONS AND
RESTRICTIONS THEREON WITHIN THE CITY OF VAN BUREN,
ARKANSAS,AND FOR OTHER PURPOSES.
WHEREAS, the City adopted Ordinance 07-1963 relatingto the zoninglaws of the cityof Van
Buren, providing definitions, general provision; provisions governing zoning
districts, exceptions and modifications, enforcement, and a Board of Adjustment,
as allowed by A.C.A. 14-56-401 et. seq.; and
WHEREAS, it has been determined by the City Council that there is a need to add a new
conditional use to the permitted and conditional use legend; and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted
by the Van Buren Planning Commission to consider these proposed amendments;
and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: Article II of Ordinance No. 7-1963 is amended to add the following definitions:
Homeless Shelter. A facility providing temporary housing to indigent, needy,
homeless or transient persons. Such a facility shall be permitted to also provide
ancillary services such as meals, counseling and vocational training.
Separation, spacing and procedural requirements for homeless shelters and
transitional dwellings will be determined by the planning commission so as not
to adversely impact the surrounding properties and neighborhood. In addition to
the development standards and review guidelines established in Article VIS
Section 4 of Ordinance No. 7-1963, issues that the planning commission will
consider during its review of such facilities include, but are not limited to:
a. Spacing of existing similar facilities.
b. Existing zoning and land use pattern.
c. The maximum number of individuals proposed to be served, the number
of employees proposed and type of services being proposed.
d. Provisions for readily accessible public or quasi-public transportation.
e. Access to support services such as social services agencies,
employment agencies and medical service providers.
Transitional Dwellings. A facility where persons are aided in the readjustment to
society following a period of imprisonment or institutionalized treatment. (See
definition for Homeless Shelter for review guidelines).
SECTION 2: The Permitted and Conditional Use Legend is amended
g as set forth in attachment
"A"hereto.
SECTION 3: The passage and approval of these amendments to the Van Buren Ordinance 07-
1963, as amended, will protect the health, safety, and/or welfare of the City and its
citizens. Therefore, an emergency is declared to exist and this Ordinance, being
necessary for the preservation of the public health, safety and/or welfare shall be in
full force and take effect immediately upon after its passage.
SECTION 4: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, is declared to be unconstitutional,inappropriate,or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of to for and Q against, the foregoing Ordinance at its
regular meeting held on the 28th of October 2019.
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ATTESTED: PPR 1 "4 S TOA
Ph lis Thomas Candice A. Settle
City Clerk/Treasurer City Attorney
City of Van Buren
Permitted and Conditional
Use Legend
ATTACHMENT"A"
a-I N M ,-1 N
X= Permitted Use `r' N
�a .to to co �a Ta �o
C = Conditional Use (must be approved by a• mi a=, ami .� L
planning commission) 73 al a :a E E ./2 73 ° W
O.
u U = E 2 o
Detached one family dwelling X X X X
Two family dwellings X X C
Multi-family dwellings X C
Churches C C C C X CCCC
Schools offering a general education course X X X CCCCC
Library X X X CCCCC
General purpose farm,garden or nursery X X X C CCCCCX
Private club not conducted for profit X X X CCCCCC
Municipal recreation or water supply use X X X C CCCCCC
Accessory structures and uses pertinent to the principal structure X X X X
and use
Parks,playgrounds,etc. C X X C CCCCCX
Kindergartens(public or private),day care C X X C CCCCCC
Hospitals,nursing homes,doctor and dental clinics,etc. C C CC X X X X X
Mobile home parks X
Mobile home park accessory and service buildings X
Retail establishments providing goods and services such as grocery, X X CC X
drug,hardware,variety stores and similar uses,and hotels,motor
hotels,restaurants
Office and bank buildings and uses X X C C X
Processing and manufacturing that by reason of operation are not X CCC X
a nuisance in respect to noise,odor,dust,vibration,etc.
Wholesaling and warehousing X CC C X
Bulk storage and non-combustible materials X CC C X
Automotive service,repair and storage,provided that wrecked or X X CC X
salvaged vehicles are stored inside a building or are enclosed by a
solid fence and not visible to the public from the street or sidewalk
Motels,tourist courts C X CCC
The manufacturing,compounding,processing,packaging or C X X C
assembling of those products that will require the smaller sized,
cleaner and more quiet industries and will involve a minimum of
noise,dust,odor,or vibrations
The storage of bulk materials that will not endanger the health, CC X X C
safety and general welfare of the people
Retail uses that are accessory to the operation and other C C X X C
essentially similar uses such as animal hospitals,repair shops,
transportation terminals,wholesale outlets,farm machinery sales,
lumber yards,restaurants,and service stations
Single mobile homes on a lot where it may be advantageous to the X X
industrial development of the area provided said lot is at least 40
feet by 90 feet
City of Van Buren
Permitted and Conditional
Use Legend
X = Permitted Use r' N M Tr `^ N
ra as fp co a in
C = Conditional Use (must be N y
approved by planning commission) :° " •t • E E -a v H a
OAC OAC cc cc c U U = .E E 0
The manufacture of heavy,raw products and those C X
operations that are generally objectionable to
residential business uses;including animal and poultry
slaughter,foundries,saw mills and junk yards
Public facilities and utilities X
Home based business CCCC C
On-site real estate sales office CCCC
Indoor Firing Range C C C
Single and two-family residences subject to restrictions X
Recreational Vehicle(RV)Parks C C C
Homeless Shelter/Transitional dwelling C C C
Cityof Van Buren Arkansas
Municipal Annex
111 North 12th Street • Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: ZONING CODE ORDINANACE AMENDING THE CODE TO ADD
HOMELESS SHELTER AND TRANSITIONAL DWELLINGS
DATE: OCTOBER 22,2019
We recently met with some individuals about a proposed homeless shelter designed to help
individuals readjust while providing them temporary housing and other services such as counseling,
vocational training,meals and other ancillary services.The Van Buren zoning code does not include
this particular land use in the Permitted and Conditional Use Legend nor anywhere within the text
of the code.
We presented information to the Planning Commission at their October 1,2019,meeting.The
information includes comparisons of codes from Fort Smith,Little Rock,Conway and North Little
Rock. A copy of the information provided to the Planning Commission is enclosed.
The Planning Commission discussed the proposal and constructively agreed upon a
recommendation for the City Council.The proposed ordinance represents the Planning
Commission's recommendation for the Council's consideration.
Highlights of the proposed ordinance indude definitions for homeless shelter and transitional
dwellings;standards for the future consideration of any proposed homeless shelters or transitional
dwellings;and amending the permitted and conditional use legend to add homeless shelters and
transitional dwellings as conditional uses in the Commercial-2,Industrial-1 and Industrial-2 zoning
districts.
As conditional uses any future homeless shelters and transitional dwellings must be approved by the
Planning Commission.The conditional use process requires the planning commission to analyze
each application for several factors but most importantly to insure the proposed uses will not
adversely impact the surrounding properties and neighborhoods.
Please contact me if you have any questions on this subject.
enda Item 3a.
City of Van Buren, Arkansas
Mumcipale Annex
111 North 12th Street • Van Buren, Arkansas 72956
PLANNING COMMISSION MEMORANDUM
TO: PLANNING COMMISSION/BOARD OF ZONING ADJUSTMENT
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: HOMELESS SHELTER
DATE: SEPTEMBER 23,2019
fi
CC:
The city staff recently met with some individuals about a proposed homeless shelter designed to
help certain individuals readjust to society. The Van Buren Zoning Code does not include this
particular land use in the Permitted and Conditional Use Legend (PCUL).
The proposal for the Planning Commission's consideration is to recommend the City Council
consider an amendment to the Zoning Code that will 1) establish a definition for homeless shelter
and 2) determine and establish the zoning districts for homeless shelters in the PCUL.
I researched the comparable requirements from the cities of Fort Smith,Little Rock,Conway and
North Little Rock.A copy of that information is enclosed.A comparison follows:
Fort Smith and Little Rock have similar definitions. Conway and North Little Rock do not
define homeless shelters.
Fort Smith Little Rock Conway North little Rock
CU in Heavy CU in all zoning CU in Multi-Family Special Use in all
Commercial and classifications Districts zoning districts
Light Industrial
*CU = Conditional Use
The Little Rock ordinance establishes some additional criteria in addition to the basic conditional
use criteria.A significant criterion included is the definition of the neighborhood as all properties
lying within one thousand five hundred (1,500) feet of the proposed site.Most traditional
neighborhoods have blocks of about 300 feet.The 1,500 feet represents approximately a five (5)
block circle around the proposed site.The purpose of this distance is not to deny the application but
to evaluate the proposed site based on its potential impact on the neighborhood.
My suggestion is that the Planning Commission consider the following:
1. Recommend a definition comparable to Fort Smith and Little Rock.My preference is Little 3
Rock's definition.
2. Recommend Homeless Shelter as a conditional use in C-2, I-1 and I-2 zoning districts.
3. Consider any or all of the additional criteria included in the Little Rock Ordinance.
Attached is what the proposed Ordinance would look like if approved including the
recommendations and considerations above.
Please let me know if you need any additional information before the Planning Commission
meeting.
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PROPOSAL TO AMEND ORDINANCE NO. 7-1963
HOMELESS SHELTERS
Article II.DEFINITIONS
Homeless Shelter. A facility providing termporary housing to indigent,needy,homeless or
transient persons. Such a facility shall be permitted to also provide ancillary services such as
meals, counseling and vocational training.
Due to their nature and impact on properties in the general vicinity, homeless shelters
shall require a conditional use permit as reflected in the permitted and conditional use
legend.
Development standards and review guidelines:
Separation, spacing and procedural requirements for homeless shelters will be
determined by the planning commission so as not to adversely impact the surrounding
properties and neighborhood. Unless the commission determines that a different area is
more appropriate, a neighborhood shall be defined as an area incorporating all
properties lying within one thousand five hundred(1,500) feet of the site for which the
permit is requested. In addition to the development standards and review guidelines
established in Article VI, Section 4 of this chapter, issues that the planning commission
will consider during its review of such facilities include, but are not limited to:
a. Spacing of existing similar facilities.
b. Existing zoning and land use pattern.
c. The maximum number of individuals proposed to be served,the number of
employees proposed and type of services being proposed.
d. Provisions for readily accessible public or quasi-public transportation.
e. Access to support services such as social services agencies, employment agencies
and medical service providers.
PERMITTED AND CONDITIONAL USE LEGEND
Commercial-2 Industrial-1 Industrial-2
Homeless Shelter** C C C
*C =Conditional use(must be approved by planning commission)
**See definition for special requirements.
EXCERPTS FROM OTHER CiTY ORDINANCES
Little Rock:
Homeless shelter means a facility providing temporary housing to indigent, needy, homeless or
transient persons. Such a facility shall be permitted to also provide ancillary services such as
meals, counseling and vocational training.
Due to their nature and impact on properties in the general vicinity,correctional facilities and homeless
shelters shall require a conditional use permit in all zoning classifications.
Development standards and review guidelines:
Separation,spacing and procedural requirements for homeless shelters will be determined by the planning
commission so as not to adversely impact the surrounding properties and neighborhood. Unless the
commission determines that a different area is more appropriate, a neighborhood shall be defined as an area
incorporating all properties lying within one thousand five hundred(1,500)feet of the site for which the
permit is requested. In addition to the development standards and review guidelines established in section
36-107 of this chapter,issues that the planning commission will consider during its review of such facilities
include,but are not limited to:
Spacing of existing similar facilities.
Existing zoning and land use pattern.
The maximum number of individuals proposed to be served,the number of employees proposed and type of
services being proposed.
Provisions for readily accessible public or quasi-public transportation.
Access to support services such as social services agencies,employment agencies and medical service >'
providers.
Fort Smith:
Homeless shelter shall mean a facility providing temporary housing to indigent,needy,homeless,or transient
persons;may also provide ancillary services such as counseling,life-skills classes,and vocational training,
etc.(CU in C-5 and I-I)
Transitional dwelling shall mean a residential facility where persons are aided in the readjustment to society
following a period of imprisonment or institutionalized treatment.
Conway:
No definition but Shelter for Homeless listed as conditional use in multi-family districts.
North Little Rock:
No definition. Homeless Shelter is identified as a special use in their land use chart in any zoning district.
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