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ORD NO 19-2020 1 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. 1Q-2020 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDNANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO.07-1963(AS AMENDED) FOR THE PURPOSE OF DEFINING MINI-STORAGE FACILITIES AND ADDING MINI-STORAGE FACILITIES TO THE PERMITTED AND CONDITIONAL USE LEGEND. WHEREAS, the City adopted Ordinance 07-1963 relating to the zoning laws of the city of 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 define mini-storage facilities and add mini-storage facilities 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 on August 4, 2020 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 definition: Mini-storage facility. A complex of small storage units which are rented or leased and which are arranged to be individually accessible to the lessee or renter. SECTION 2: The Permitted and Conditional Use Legend is amended as set forth in attachment "A" hereto. SECTION 3: 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 tj for and 0 against,the foregoing Ordinance at its regular meeting held on the 24th day of August 2020. .sep first 1-k . or ri . ATTESTED: - "APP AIII I I FORM: Ph}ths Thomas d} - . ettle City Clerk/Treasurer City Attorney e City of Van BuArkansas Municipa[ 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: MINI-STORAGE FACILITIES x DATE: AUGUST 17, 2020 1 s The current Zoning Code and Land Use Legend do not include any provision for Mini-Storage facilities which is a common land use. At the August 4, 2020, Planning Commission meeting the Planning Commission reviewed a Zoning Code amendment to add a definition for Mini-Storage facilities and to include the use in the Permitted and Conditional Use Legend. After discussion,the Planning Commission recommended an amendment to the City Council. The proposed definition is included in the Ordinance and the Land Use Legend amendment is Attachment A to the proposed Ordinance. As proposed,Mini-storage facilities will be a Conditional Use in C-2 zoning districts and a Permitted Use in Industrial-1 and Industrial-2. The Planning Commission felt that having Mini-Storage facilities as a conditional use in C-2 zoning districts will allow the Planning Commission the opportunity to review each development plan and thereby help address specific issues based on the specific location of a proposed facility. I have also included a copy of the memo I sent the Planning Commission. Please let me know if you have any questions. 1 4 4 f i I i City of Van Buren Permitted and Conditional Use Legend ATTACHMENT"A" i-1 N m CI` IN • X = Permitted Use `^ ‘-ieVH m r6 co m al To 1 1 Q C = Conditional Use (must be approved by c E cu r_ .s .L 6 planning commission) '0 13 'e '0 '0 ;a(71 E E 4-1 a CC CC CC CC CSC U U C = 2 0 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 C C C C Schools offering a general education course X X X C C C C C Library X X X C C C C C General purpose farm,garden or nursery X X X C C C C C C X Private club not conducted for profit X X X C C C C C C a Municipal recreation or water supply use X X X C C C C C C C i Accessory structures and uses pertinent to the principal structure X X X X and use Parks,playgrounds,etc. C X X C C C C C C X Kindergartens(public or private),day care C X X C C C C C C C Hospitals,nursing homes,doctor and dental clinics,etc. C C C C 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 C C 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 C C C X a nuisance in respect to noise,odor,dust,vibration,etc. Wholesaling and warehousing X C C C X Bulk storage and non-combustible materials X C C C X Automotive service,repair and storage,provided that wrecked or X X C C 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 C C C 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, C C 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 a feet by 90 feet 1 1 1 1 I City of Van Buren Permitted and Conditional Use Legend M 41 e•I N t X = Permitted Use ';' ^� `^ N }, To To (a fa To ea El 1 LA e•I C = Conditional Use (must be L o approved by planning commission) :° •0 w • E E -a ° a CSC CSC re C: CSC U U 13 C _ = O 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 Retail Pharmacy X X X X Homeless Shelter/Transitional dwelling C C C Mini-Storage Facilities C X X i 4 1 i i n i 1 1 • City s Municipal 111 North 12th Street • Van Buren, Arkansas 72956 PLANNING COMMISSION MEMORANDUM TO: PLANNING COMMISSION/BOARD OF ZONING ADJUSTMENT FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: MINI-STORAGE WAREHOUSE DATE: JULY 27,2020 CC: I recently met with an investor about a proposed mini-storage facility. 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 for you to recommend the City Council consider an amendment to the Zoning Code that will 1)establish a definition for mini- storage facility and 2)determine and establish the zoning districts for mini-storage facilities in the PCUL. There are existing mini-storage facilities in Van Buren located in C-2 zoning districts and two are located in residential districts.There is no written history that can be found that will explain how these were approved for the zoning district.Unlisted uses are approved by the Planning Commission as a conditional use. Mini-storage facilities should be considered as a permitted use in the C-2(thoroughfare commercial district) and industrial districts.I have prepared a proposed amendment to add a definition for mini-storage facilities and an amendment to the Permitted and Conditional Use Land Use Legend. My suggestion is that the Planning Commission recommend the following to the City Council: 1. Recommend the following definition: Mini-storage warehouse means a complex of small storage units which are rented or leased and which are arranged to be individually accessible to the lessee or renter. 2. Recommend the highlighted amendment to the attached Permitted and Conditional Land Use Legend. Please contact me if you have any questions before the Planning Commission meeting.