ORD NO 19-2022 i
i CITY OF VAN BUREN,ARKANSAS
I
ORDINANCE NO. (9 -2022
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
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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
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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 Kitsia P. Guardado 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
March 19, 2022, and a public hearing was conducted as required by law(A.C.A
14-56-422) on April 5, 2022; 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:
Property Zoned New Zoning
G Government and Public Use C-2 Thoroughfare Commercial District
Legal Description:
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Lot 2, Rite Choice Addition and Lots 24-27, Tanglewood Addition
Layman's Address
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619 Access Road
WHEREAS, the proposed rezoning herein was recommended by a majority ty vote of the entire
Planning Commission, in accordance with A.C.A. 14-56-422. il
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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 Government to
Commercial-2, subject to the following conditions: 1) no driveway access or
egress is allowed to Bear Track Drive; 2) an opaque privacy fence with
landscaping shall be installed as a buffer along the property lines adjacent to the
Residential-1 property including the Bear Track Drive frontage; 3) all site lighting
shall be installed to not create any light trespass or light pollution for the
surrounding residential properties.
The Van Buren Zoning Map is herebyamended to reflect this
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 p against,the foregoing Ordinance at its
regular meeting held on the 25th day of April 2022.
oseph P. Hurst '
Mayor
ATTESTED: APPROVED AS TO FORM:
Phyllis-Thomas ayinfe H) 1f Jaco;-='e l
H City Clerk/Treasurer ity Attorney
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City of V, uren, Ark,
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111 North 121' Street ® Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: REZONING FOR 619 ACCESS ROAD
DATE: APRIL 19, 2022
The City received a rezoning application to change the zoning on the property at 619 Access
Road. The request is to change the property from G—Government to Commercial-2. The
Planning Commission reviewed the rezoning application at their April 5, 2022, meeting.
The application was represented by the applicant, Kitsia Guardadu. The proposed use of the
property is for a Used Truck Dealership. See the attached application.
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The applicant submitted some concept designs of the property with their rezoning application.
The Planning Commission offered some concerns and comments about the concept plans. Those
concerns were as follows:
• Remove the driveway from Bear Track Drive. No driveways should be placed so
that traffic enters or exits through or into the neighborhood.
• A privacy fence and some landscaping, needs to be installed as a buffer between
this development and the neighboring Residential-1 properties.
• The development's lighting needs to be installed to not create any light pollution
for the surrounding Residential properties.
An excerpt from the draft copy of the Planning Commission meeting minutes are attached.
The Planning Commission voted unanimously to recommend this rezoning to the City Council
with these conditions. The Ordinance for the City Council includes the recommendation to
rezone the property subject to the conditions.
Please let me know if you have any questions. 1�
City- of Van : sas
Buren, _ .
Municipal , x
11.1 North 12th Street ® Van Buren, Arkansas 72956
PLANNING COMMISSION MINUTES
April 5,2022
1. Call To Order. The Van Buren Planning Commission held its monthly meeting on Tuesday, April 5,
2022, at 5:30 P.M. The meeting was held at the Municipal Complex in the City Council Chambers,
2. Roll Call. The following Commissioners were present: Chairman Andy Dibble, Vice-Chairman Philip
Bagby,Mark Evans,Missy Hefner,Jason Myers,Mason Shirey,John Symonds,and Jay White. City staff present were
Planning Director- Wally Bailey, City Inspector David Martin, Fite Marshall Stanley Chrk, and Secretary Jennifer
Willoughby. Commissioner 'Tiffany Webster- was absent. Present for Agenda Item #4: K.itsia Guardado,Jessica
Sanchez of Kitsia Guardado Inc,Kevitn Dang for Kitsia Guardado Inc. Present for Agenda Item#5: Cliff Cabancss
of MGC Kibler Construction, William Loyd of Abilities Unlimited, Mark Gonzagowski, Cathy Johnson, Daniel
Johnson,Judy Gregory, Steve Gann, and Darnon Motland. Present for Agenda Item #6: Larry Gordon and Britt
Brooks of Van Buren First Assembly of God Church. Present for Agenda Item#7: Kyle Niemann of Hoffman and
Associates,Mike Barrett of Simmons Foods. Present for Agenda Item#8: Chad Brixey of Brixey Engineering.
3. Approval Of Minutes.From March 1, 2022. A motion to approve was made by Commissioner Jason
Myers and seconded by Commissioner Jay White. The motion was approved unanimously.
4. Public Hearing For Rezone #2-2022-619 Access Road--Kitsia Guardado, Inc; Government (G)
To C-2. A motion to approve;recommendation of rezone with conditions to City Council was made by
Commissioner Jason,Myers and seconded by Commissioner Mark Evans. Commissioner Mason Shirey abstained.
The motion was approved unanimously.
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Planning Director Wally Bailey spoke to the commission about the planned comm ercial develop Bate of
noted-Ue that Truck
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Dealership and the need for careful attention to the surrounding R-1 single-family property.
commercial driveways should be permitted into the residential neighborhood allowing the business traffic into or
through the neighborhood. Another concern for Mr. Bailey is the need for opaque fencing with landscaping to
camouflage and reduce noise for the residential neighborhood from the Access Road commercial development.
Jessica Sanchez with Kitsia Guardado,Inc. stated that they can move the fencing to
would come o Bear Track DfF rive o so
o atTra no
k cars
Dr.
would use the residential road as access to the business and make sure
Chairman Dibble said the proposed chain-link fencing is not a sufficient the f ncrsandng l needs
toCom be soneolid
issir White
with
landscaping. Chairman Dibble is concerned about sound/noise d evening
mentioned light pollution being an issue during the evening hours. Commissioner Myers stated no fence can be
erected in the powerline easement so that area would be green space.
A motion was made to approve recommendation of the rezone to City Council with the following conditions:
• Driveway access off Access Road only.
• Solid fencing and landscaping buffer provided for the residential neighborhood
• Light pollution needs to be addressed.
1 of 3
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CITY OF VAN RI MEN REZONINC APPLICA'FION
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Itt:ZONIi; NIIMBEI2:____21-
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APPLICAN I' NAME: V-liiOt P Kuty-ckett-Au TELEPIIONI:!:NUMBER: 1 10-51-PS)• g 3 73
ADDRESS: 6714I AU C 55 ga vapl 6thly-1.., A', 12..c1c1P 1
PROPERTY OWNED BY: _ TELEPHONE NUMBER:
ADDRESS: „ — ••
(IR)NTY ASSESSOR'S PARCEL'NUMBER:
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4 PRESENT I ISE: (10VVY1ryiebni PROPOSED USE: LOVYWV\11(cyd
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APPLICANT [
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PI,ANNING DEPARTMENT PROVIDES:
REZONING FROIVIL dq TO: C..-'a DATE FILED:_,
PUBLIC HEARING DATE: 4-5- Q,40.)-a. CONTINUEI)TO DATE:
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1 A1)111.1CATION FEE PAID: cql OTIR!:R FEES: f PI.ANNINIO COMMISSION ACTION: . DATE:,
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CITY COUNCIL ACTION: DATE:
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ORDINANCE NUMBER:
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Rezone Application Letter--619 Access Road
Our plan is to convert that property into a Used Truck Dealership. It will be open for business hours from
9am to 5pm Monday thru Friday.The only time that it might be open at night is when equipment will be
delivered. We will not disturb the residential properties being that we will only be open for public during
business hours.
The access road in the back of the property will only be used for employee's parking.All customers,
truck and equipment will have to use the principal entrance in the front facing 140.
If everything is approved,we will be putting a commercial fence around the property to buffer out the
residential properties.
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111 North 12th Street 6 Van Buren, Arkansas 72956
PLANNING COMMISSION REZONING MEMORANDUM
TO: PLANNING COMMISSION
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: REZONING—G TO C-2 FOR 619 ACCESS ROAD
DATE: MARCH 23, 2022
CC:
APPLICANT(S) Owner- City of Van Buren
Prospective Buyer and Applicant—Kitsia Guardado,Inc.
REASON FOR REZONING To allow for the construction of a Used Truck Dealership.
See the rezoning application letter submitted with the
rezoning application.
SITE DATA
Location. 619 Access Road. - See attached map.The property includes one larger lot that
fronts Access Road and 4 residential lots that front Beat Track Drive.The legal
description is:
Lot 2 Rite Choice Addition and Lots 24-27,Tanglewood Addition
Existing Structures. Vacant land.
Current Zoning "G"which is land that is owned by a government authority or otherwise
dedicated to a public use.The uses permitted to such land are those designated by the owner of the
land or stated in the dedication to public use.
Requested Zoning C-2 which allows several uses per the Land Use Legend including retail
establishments providing goods and services and automotive service,repair, and storage provided
that wrecked or salvage vehicles are stored inside a building or enclosed by a solid fence.
Adjacent Zoning and Land Uses Residential—1 there is a large residential neighborhood
south,west,and east of this property. C-2 along the Access Road frontage with numerous truck
related businesses.
Master Land Use Plan The 2009 Master Land Use Plan shows this property is in an area
classified as Commercial.
Master Street Plan. Access Road is classified as a Collector Road. Bear Track Dr. is a local road.
Flood Plain. N/A
Public Improvements. N/A
STAFF COMMENTS
This property has Residentially zoned property(R-1) on the South,West and part of the East side
B and are developed with single family homes.Any development of this property needs to pay careful
attention to this fact.The development proposed is for a Used Truck Dealership.
1
The concept plan and information with the application indicates a driveway and parking lot on the
Bear Track Drive frontage. This removes any buffering and increases the impact on the residential
neighborhood. No commercial driveways should be permitted into the neighborhood allowing the
business traffic into or through the neighborhood.
The"commercial chain link fence"will not provide buffering for the residential neighborhood.
Potentially, the best buffer for the neighborhood will be an opaque fence with landscaping to
camouflage and reduce the sound from the Access Road development.
Any fence that is installed must comply with the City's fence ordinance.
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Wall Belle
From:
Kitsia Guardado <kitsiaguardado08@gmail.com>
Sent: Tuesday, March 22, 2022 5:30 PM
To: Wally Bailey
Cc: Kevin Dang;Jennifer Willoughby; Mason Shirey;Jaime Cornejo;Tommy McClain
Subject: Re:City Access Road zone change
Attachments: CCI03222022.pdf
Good afternoon Wally
Below are the answer to your questions
1. Does the rezoning application include the 4 residential lots that front Bear Track Drive?
Yes it does.
2. If I read it correctly you do plan to have a driveway on Bear Track Drive for employees to use?
Yes,We would like to use that area as a parking lot for employees.
3.Do you have a conceptual site plan?The plans you submitted to not show a street so it is difficult to determine the
front or rear of the property.
Attach please see revised plans.
4. Is the fence that you are proposing an opaque fence?What is the fence height?What are the fence materials?
We would like to use a comercial chain link fence. In regards to the height we would build within county/city limits.
Please let me know if you have any further questions
Thank you
Kitsia Guardado
On Tue, Mar 22,2022,1:49 PM Wally Bailey<wbailey@vanburencitv.org>wrote:
Kevin,
I have a couple of clarification questions as I am preparing the staff reports for the Planning Commission meeting.
1. Does the rezoning application include the 4 residential lots that front Bear Track Drive?
2. If I read it correctly you do plan to have a driveway on Bear Track Drive for employees to use?
3. Do you have a conceptual site plan?The plans you submitted to not show a street so it is difficult to determine the
front or rear of the property.
4. Is the fence that you are proposing an opaque fence?What is the fence height?What are the fence materials?
Wally Bailey
City of Van Buren
Municipal Annex
111 North 12th Street
Van Buren,AR 72956
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