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ORD NO 12-2023 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. r�-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 M&T Equity,Inc. 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 February 19,2023; 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 2A McClure Addition Layman's Address 507 Starbird St. WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire Planning Commission, in accordance with A.C.A. 14-56422. 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,subject to the condition that no driveway access is allowed on the Starbird Street frontage. 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 k for and D against,the foregoing Ordinance at its regular meeting held on the 27th day of March 2023. `�G�eck TreaS co 4� V City of Van Buren y oseph P. Hurst may`° Mayor for A��a d County ATTESTED: 2APPR;DO FORM:&i Shawnna Re lds ll City Clerk/Treasurer City Attorney y A t r iy d Y .J{ u � f' t � . r,•rr, if ,r i i fir.•/'' f��` •r���''' Is11111����r Ar-M 0 ulty of Van BuArkansas Municipal Annex 111 North 12& Street • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: 507 STARBIRD REZONING: R-1 TO C-2 DATE: MARCH 20,2023 The City received a rezoning request from M&T Equity,Inc. to change the zoning on the subject property from R-1 Family Residential District to Commercial-2 Thoroughfare Commercial District. The purpose of the rezoning request is to allow for the construction of an automobile sales business. The Planning Commission reviewed this application on March 7, 2023. Several residents of Starbird Street were present and voiced opposition to any driveway access on Starbird Street. The applicant indicated that was not a problem that he preferred to have his driveway(s) on to Hwy 59 N. The Planning Commission voted to recommend the rezoning be approved with the condition that no driveway access be allowed on the Starbird Street frontage. A copy of the Planning Commission's packet of information including the rezoning application is enclosed.A copy of the draft minutes is also enclosed. Please contact me if you have any questions. SOZY SA[rUrd St Zoning SNOR......... MWDR 2. . ORI MR PP 1—M Mtn Iry 4g 'C-2 mar !A-milu toz um Cf2 rn 01120120zo 507 Star or St 741 .40 N HY 322 0.....i3 ,$Ift J�u 6 KRIb - FAR Q� 3 -2 IST LN 43 52 411, �KRISTH UN� rNI Ls il rilffiKRIS�,TMKI 011G012020 " pa 14, i' ' h»„_�w wL "in I} `- ';" :fir '"S� �; '• `' ,Io � p .: k ,..,.s.? :r^y' * .r'o-',1. '' 'x4'S:• ay�`a, ,'.fir+ 14 ,14 t1 { 1,^„� �i�%�'�����FY m,- TM � {>„"'�.,r✓,+,...���rs, J{{�� r. 4 .sl• " ., a'�'._ "fyg-(,'d I�lj L -� ! t {� I I I 'I' °I'TI -T.I ^4I?f.'sFj -ttti IL !f P iJLrtl`o 9'vS�r 1ryyryn��, b ? PROPOSED PROJEOTFOR: � Ir MOTOR MAR! t,t i 111t1 _ . W � � 0 design •-'b`u`ilB' ,3 m £ NWY 59,VAN BUREN,ARIMSAS 470-459.03ti=cwmcvmr�mmwQmw�aart •O � (jJj $r ,4 G t405t- nE S" I I4 'Otk W.�na,�++y r1l+�11 I 1 PROPOSEDIROJECTFOR OR D � MOTOR MART C,a '-des=i: Om ti �+^ HWY 59.VAN BUREN,ARKANSAS 479 1P9.99L0 PtSIL 90 0 GQ lIPU69Q9PNLmN Ep I tp, 0-eG 0 0 Aj.: H ut 14 Q h- Ell Ig ui C, H I - rcn) to irl fa XgK _0 790 fn x -A RAN,- qq C 3 F El Eel rq 1-41 PROPOSED PROJECT FOR: MOTOR MART u It-- 0 E desig.n - bdi(d'-'- HWY 59,VAN BUREN,ARKANSAS _t i L i L'+CCC:aCY1L � ` —••�•�••_•Ll r= I I wraa � ,, aovERwrt0000E. Ir.., I `� '° rttsrAnkA+nw sr:utrAs!nLv,cwva.,ALR I _ 1 �r.�. a WCr+fFtTcc:e asswTAwtwmrm � ! �r nL.m.aD� =itiul]t ax�ocx I 1 + 4LCIwI�'JAiRC :alafRY2¢M'PUL'C:.0 I -•_•. � f'� ( I yr/�1 A 6LCintJ.tCCPa O(N,GWLOAGtADCDaD I - - .•. •. � • ' ad�'ress MOM :e +nacaarman v U r+a¢a¢ :xAWttDaolCeoe 6 S� 1 � 1 nuns , I. L 'OCCUPNtCY6�OJiSTRUCDOTZ � 4 I •? I DLp:mNrcr ati LNStnyCtgpiRC V9.W/YAgiam I I I �. AURAINO PROPERTWS < I I AS71.•iT.3CnnWfMatq,LYdaa :ttr•L � 1 Pwnu ,i, � I -eawciN4sttetuCC.nuA•LnOt � � I iW"Ctnsantvaru,�r xwrt,x"Dc'aey">'m°I 1 i marur a. RRHf1A'nNO PP DUILOW06EItENTS I g I = 4 wm o�"�..w`:DrP+ulswmnmD I fZ I I {—^ 2 n¢a'cautnun¢N n� � �r I tiDDtsoaTAs¢ror 4y erJtPmair roN1..benNumiowavAKw I nwlatrw:rawur>t y_ _ � w C Th $IT =A __ -4D¢.C.eniA4il PWrttn� J •� — .�_�„_ i i G . U, M M+:PL61.nala••e•FCLi MtO. .if ._ �' - _ _ �� W 00 f�Glmlat'1i5�=�¢"KC 23a.tC�� •��..ti _L .. O. �j STAR=o STREET - K O n. CERTIFICATE OF AUTHENTIcocm tMp MNMamaaL[e�ea.es•M•d+•naMh�+.. P N .. Mr.nxC¢.wi.P�N�PM.•+� (Lira rs,i(La u..m.• OCCUPANCYSCHEDULE 90C•Tatla taa.t.a SHEETINOEX •.pu A,atag=mronaaro TRLESNEE 9TORALH L7'OW pmtat PROlEtTOATh 4�St83fitr3��l°7 �_' nwPuamnmH mr>c.HwaaP. xlMN ME PIA Y,yO. .. .."_ •53•Siaw.v Fuca Ctta PRE ULDnUt19 PTLdwO,5E 9aDtalsr7UydkttscX CSF �*7SF.P. TOTA25PM ANT LOAD 1 D:a„UQ:16'(C7RTQN1: ta105F 977 SF 7a wnan 1!'� —4L72Hq,ya:aYauat:s'¢a a"' —"UmyRG,Cunt! sumomsDRINTERNAtW1Ul ALIA.D:YO COOS SEOTI ON OCO.t ASSFJtOLYCROUP'R.EXCEPf1011 at.ADU1LDIN0 USED FOR ASSEL,DLYWANOCCUPANTLOAO A— OP 1ES571Wi 50 PERTANSDHALL GE CLASSIFIED M A CROUP•A' 6 P 9P AN OUSINESS OCCUPANCY. ,nc.rr Dw 8.11.m nA¢1258 A1.0 � U4 ri�r i tar i n zP.D I I , ?Y 4: I a5l AOL, IR .'y`• Ih O SURYcYORS NOTE This swvey was conducted under The svpervtslan of Goys W Satterfield,Na 0147 or Ricky 1471,NA 1444 Solterlidd Land SunrysW P.A., CerllAcole of Autharbollan No. 718,Satterfield Land Surve)ars,P.A. 1-(479)-6M-356S Hwy. 71 North, P.R Roe 640, Alma,AR 72921 - I SURWYORS NOTE., All bur7ding, surface and subsurlocq Improvements an � :..�_ and adjacent to the site ore not neeesson7y shown. The taealian and/or I ex tepee aI uh7lly service Ines to the properly surveyed are unknown and are r�rmaeva L not shown. Surveyor has mode no investigation or independent search for ; . , eaTr�veev easements of record encumbronces, restrictive covenants ownership title E2B. ' --'"'—••-�a� rA4FMFN7' eydence, or any dlher facts which on accurate end current title search may _ disclose ,•.:':C:�:.•.,..... "•"" —..._. r �.v� '/� ,`e.'t+:f�/ye'y '^i.�.n~.ri.il Lr�'��' '!:"}.•�,Gtl�. i .�:. -- �..::.:.-; 7h1s.plot is cop)r'ght motedol and is proyded solely for the use of the erson s named an this lot and m .•! p () p oy not be used or distributed to any S'PAyyrLrM._ •-+.-= •;,•t,_ Zer persan(s)or company for!heir brnelit. No license has been Heated, •.': 4��::.:�,'�^t; - ressed or l77p6ed to copy the survey without the written consent of SatlerRdd Land Surve)ors, P,A,. No one including the persan(s)named,may .•� � a aR° c. « «: .:' ..;• repraduee this plot. Only authentic Copies that eapeor with the surve)ars seal in red may be used Any copies used without this red scot are considered unouthorlred eopfes and are considered a cop)rlghl mbingement Alter f7lrrg with State'Swrvyer'v offine, survey becomes public retard = o see gwj=uWw 5lIRIrYYfZ??S D/5((YAlMER AND STA)W,NT t3F tJSE exilVi ORD COUMY ARKrWSA5 .a• rY a ourverxur J;r ar o srAue. srgrxc 71ria survey was eaneachad by the w tten or verbal authorirolien SuRveror o sees- WRUC=sur _ o Y'rnraxrum 'o sic - are.,e o/the person homed the truy.X and/or Use by as•shotm an �Cu rVlr vLv:(\!r✓�:���.fG'f•1. -•._iJ�"7;..,� = ,e o ua -rrsmeemr ffi&plot. No one has the authority to use the data or Icge _ _ uarrrararmm� o cue eawwav►rr desrroflOn/ram this S7l/VC "^ r Jr e r1AC4- csa�ereuu Y' ep1(hose named W than agr�ts ,v r:. Vi� - ,+La':e,...,Er f,•*„vl't�':, �,.. e.,..- asua=xwsee and Me survey&only certified to the dote shorn an lhls plot. arA D==eu�r fi/s plot Is protected by.eapy'ight end any person other than fORtt6Et3Y•&APMCCArT&=ON thaw named using or rdyng upon the plot reX be held aumven D.ER. ri A.==sr„rAV4.W resmansble. SatterAdd Load Sun—.,vs; P.A. 01 not be ;�i 4Tw.r.•^ f.•la^r L.rllr�2:r�r,'ufi ri :evs Cr W R= ®� ' responswo,or have any lfobely to any other person err company sd� 7'++.TO' n.rd, d uia f.r r N•.r u a : who uses this plot ailhoul written aulhmr totioa. After!elm with Gut.• 1 5 3 a a aYtti `r Amcvrsa VAX rare•aaxar =am AWN rssS to•=WVMO POW g Me Mr/71.Ngitlt"A�RX-cNaS Na l�ai7 a%7 J us rs.user azm Slate Surr.yar's o1r=survey becomes public record ,ny Nor.. 4y375 rAe(M)sv-sxr-ncavn;nnp://Kw:ar cr,7jap.rn. t ON- 4) Lettet of Request To the V4n Buren Board of Adjustment: Parool#700-03644-003 ,Address of property: 5o7 starbird St,VB AR 72956 Desctiption,of property:Lot 2A,,McClure Addition to the city of Van Buren,Crawford County,Arkansas Property Owner: M&T Equity Inc Travis.Yarborough 2626 Catcher Rd Van Buren,AR 72956 We are requesting a Rezone. Reason for request: Commercial business(Auto Dealership)seeking to relocate. Chosen location wasnotzoned for commercial as represented before purchase.Must rezone property to allow business. We are requesting a rezone of the subject property from Residential to Commercial. Currently there are no existing structures on the property. Supporting suiveye Satterfield Survey Job W47315 Thank you, Jazzmen' 'gle,Assistant to: Ricky Hill,PLS Satterfield Land Surveyors 479-632-3565 rielcy@slsuiveying.com January"26, 2023 To Whom It May Concern: I certify under penalty of perjury that I am the owner of the property that.is the subject of this application and I have read this application and consent to.its filing.Ricky Hill P.L.S. with Satterfield Land Surveyors is authorized to act on my behalf I'also understand the City may not approve my application or may set conditions on approval. M&T Eqr' , Date Printed name—Authorized Signer 4 Of r of Vam B11:mta Rezoii c�g Appli-l?a dap. 1�BZOIgFNU NMI ER.- 2A APPLIGA�T NAR/IL:-� /i�z�� �TELEPI-IOI�IE I�IUI�TIBEit;�-�c,.�.Z-35fcs ADDRESS:p��-���1�0 A,, �o �. �--2��'r PROPI;P1'Y OWNED BY: �ncTEL$PrIaTII NUMBER; ADDRESS. ' s-" " � „Ma6my . L� L& . COUP TY ASSESSOR'S PARCEL NUMBER: 7,�V",3&, /J`j�'003 PRESENT USE. PROPOSED USE: L l�nIrrtr�7 . f APPLICANT SIGNATURE C PLANNING DEP.A.RTMENT PROVIDES: REZONING FROM: TO: DATE FILED J i i PUBLIC HEARING DATE: L l 'w CONTINUED TO DATE: APPLICATION PEE PAID: OTHER FEES: I PLANNING COMMISSION ACTION. _ DATE:, CITY COUNCIL,ACTION: DATE: ORDINANCE NUMBER Hwy 59/Fayetteville Rd frontage is zoned Commeecial-2.This is the only property zoned R 1 from the North City Limits boundary to the I-40 intersection. It is not unusual for property or lots that front Fayetteville Rd or any Arterial road to have a commercial zoning with,residential zoning behind the commercial zoning. Often these situations have businesses that provide services that support the residential uses.The purpose of this rezoning is for a car lot which is a regional use. The concern with the proposed use and the plan that was submitted is that it is utilizing Starbird St as its,sole access and egress.The enclosed survey shows that Starbird is an existing 15'paved street. Approximately single-family properties use Starbird as their street for ingress and egress. The Planning Commission may want to consider a conditional approval that would prohibit or limit the use of Starbird Street by the commercial development"or"require the improvement of Starbird Street along the frontage of,this proposed development so that it complies with the City's Master Street Plan and Minimum Street Standards. E 0 a rkansas C'lt� .�, A,Iunid adAmnex A I I North 12`' Street a Van Buren, Arkansas 72956 PLANNING COMMISSION REZONING MEMORANDUM I TO: PLANNING COMMISSION FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: 507 STARBIRD/LOT 2A MCCLURE ADDITION;R-1 TO C-2 PARCEL NO: 700-03644-003 DATE: FEBRUARY 27,2023 CC: APPLICANTS) Satterfield Land Surveyors for M&T Equity,Inc. REASON FOR REZONING Auto Dealership seeking to relocate (see attached letter of request) SITE DATA Location. See attached map(s). Existing Structures. None Current Zoning R-1 Family Residential District which permits one-family dwellings. Requested Zoning C-2 which allows commercial structures and land uses per the zoning code. Adjacent Zoning and Land Uses: Residential-1 and Development out of city limits. See attached map. Mastef Land Use Plan The 2009 Master Land Use Plan shows this property is in an area classified as Residential. See attached map from the Master Land Use Plan. Master Street Plan. N Highway 59 is an arterial street on the Master Street Plan. Starbitd Ln is a local street. Flood Plain. N/A Public Improvements. N/A STAFF COMMENTS This property was zoned to R-1 from C-2 in 2005.This property was platted in 2011. :access off of Starbird'Street was made by Commissioner Jason Myers and_seconded by Commissioner Mason Shire .The motion was approved unammously.t Members of the public present for this rezone were:Sue Walker of 624 Starlite Bend and Maly Kay Dutton of ,623 Slarlite Bend. Ms. Walker stated to the Commission that she is opposed to driveway access coming off of .Starbird Street because it is a very narrow one-lane street as well as it being the only way in or out for the property' 'owners that live on Starbird Street and Starlite Bend. The applicant,Mr.Yarbrough of M&T Equity,Inc;stated that they would rather access the property from Hwy 59. Mr.Yarbrough also stated that they-plan to improve the deep ditch along -1w which will greatly improve the drainage problem on Starbird StreeL' __gI _y59,whi ' _,__ __­__­ Starbird Zoning Code Amendment To The Permitted and Conditional Use.Legend Concerning'Sales & Service of RVs,Heavy Equipment,Buses,Large Trucks,Etc.In Industrial Districts. A motion to approve recommendation to City Council was made by Vice-Chairman Philip Bagby and seconded by Commissioner Jason Myers. The motion was approved unanimously. This amendment will allow sales and service of larger items in Industrial Districts instead of only in Commercial Districts. S. Building Code Discussion—Amending Re=Roofmg Requirements. Mike Overzat of Luck Roofing requested the Building Code include an amendment that when a roof covering of a building has more than 25% of the roof replaced in any 12-month period that the entire roof covering be replaced. Discussion was held at this meeting to see whether the Commission wants to proceed with making an amendmefitto the building code. 9. Old/New Business. 10.Adjourn. A. motion to adjourn was made by Commissioner Jason Myers and seconded by Commissioner Mason Shirey. The motion was approved unanimously. Andy Dibble,Chairman Wally Bailey,Planning Director 2 of 2 City f Van Buren, Ailmnsas Flaaning Ganmmssian 1003 Broadway a Van Buren,Arkansas 72956 PLANNING COMMISSION MINUTES Marcia 7,2023 1. CalI To Order. The Van Buren Planning Commission.held its monthly meeting on Tuesday,March 07,2023,at 5:30 P.M. The meeting was held at the Municipal Complex in the City Council Chambers. 2. RoIl Call. The following Commissioners were present:Chairman Andy Dibble,Vice-Chairman Philip Bagby,Mark Evans,Missy Heftier,Jason Myers,Mason Shirey,Jay White;;and Nathan Wilson. Commissioner Tiffany Webster was absent. City staff present were. Planning Director Wally Bailey, City Inspector David Martin,and Secretary Jennifer Willoughby. Present for AgendaItem#4:Ricky Hill and Dana Rosa of Satterfield Land Surveyors, Joey Marron of Bigmuch Holdings,LLC. :Present for Agenda Item#5: Ricky Hill and Dana Rosa of Satterfield Land.Surveyors,Joey Marron of J&S Construction,Inc. Present for Agenda Item#6:Ricky Hill and Dana Rosa of.Satterfield Land Surveyors, Travis Yarbrough of M & T Equity, Inc; and Chad Cox of Empire Construction. 3. Approval Of Minutes From February 7, 2013. A motion.to.approve was made by Commissioner Jay White and seconded by Vice-Chairrrian Philip Bagby. The•motion was approved unanimously. 4.Variance 03-2023L-,629 Poplar Street—Satterfield band SurveyorsBigmuch Holdings, LLC; Requesting Variance From Minimum Lot Size and Minimum Front Ward Setback in R-2 Zone. A motion to approve was made by Vice-Chairman,Philip Bagby and seconded by Commissioner Jay White. The motion was approved unanimously:A variance.from 25 feet to 20,feet front yard setback for Lot 20A and Lot 21A and a variance from.95000 sq ft minimum lot size to, ,061.81 sq:ft for Lot 20A and 7,225..75 for Lot 21 A was approved because of an existing hardship-very steep terrain makes it difficult to meet the setback and lot size requirements. - i s 5. Rezone #3-2023,—Lots 10 & 11 North Hills Addition—Satterfield Land Surveyors/J & S Construction,Inc;Rezone Request From R-1 To R-2. A motion to deny recommendation to City Council was made by Commissioner Jason Myers and seconded by Commissioner Missy Hefner. Commissioner Mark Evans opposed the motion to deny;all,other Commissioners approved the motion. Members of the public that spoke in opposition to this rezone were: Bill and Kay Rogers of 502 Azure Hills, Mark and Kim Fimpel of 1414 North Hills Blvd, Robert Calhoun of 1501 North Hills Blvd, Ed and Maggie Espinosa of 1407 North Hills Blvd, as well as Dan Pfnister of 501 Kitty Hawk. The primary response given by the surrounding property owners was that they do not want the rezone to pass. They believe duplexes built in the neighborhood will bring property values down. Commissioner Jason Myers made the motion to deny in light of public comments made against the rezone. 6. Rezone#2 2023-507 Starbird Street--Satterfield Land Surveyors/M&T Equity, Inc; Rezone Request From R 1 To C-2.- A motion to appro_ve recommendation to City Council with the condition of no 1 of 2 . 01 Van., Buren, Arkan Mm unid al� sas I P Annex 111 NOS 12`h Street © Van Buren, Arkansas 72956 VAN BUREN CITY COIUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: 507 STARBIRD REZONING: R-1 TO C-2 DATE: MARCH 20, 2023 I The City received a rezoning request from M&T Equity,hic. to change the zoning on the subject property from R-1 Family Residential District to Commercial-2 Thoroughfare Commercial District. The purpose of the rezoning request is to allow for the construction of an automobile sales business. The Planning Commission reviewed this application on March 7,2023. Several residents of Starbird Street were present and voiced opposition to any driveway access on Starbird Street. The applicant indicated that was not a problem that he preferred to have his driveway(s) on to Hwy 59 N. The Planning Commission voted to recommend the rezoning be approved with the condition that no driveway access be allowed on the Starbird Street frontage. A copy of the Planning Commission's packet of information including the rezoning application is enclosed.A copy of the draft minutes is also enclosed. Please contact me if you have any questions.