ORD NO 13-2023 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. 16 -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. 07-1963 (AS AMENDED) FOR
THE PURPOSE OF INCLUDING NEW LAND USE DEFINITIONS AND
AMENDMENTS TO THE PERMITTED AND CONDITIONAL USE LEGEND
THE VAN BUREN ZONING ORDINANCE
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 add provisions for
certain land uses to be included in Industrial zone districts; and
WHEREAS, notice of a Public Hearing was duly published,and Public Hearings were conducted
by the Van Buren Planning Commission on February 7, 2023, and March 7,2023,
to consider these proposed amendments; and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission; and
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS THAT:
SECTION 1: Article II (Definitions), of Ordinance 7-1963 (as amended)is hereby amended to
add the following definitions:
Bus, truck and tractor sales and service means a use that sells and services buses
and large trucks normally used for commercial purposes such as tandem axle and
tractor trailers but does not include a salvage yard as the primary or accessory use
to the business.
Commercial, industrial machinery, and equipment (sales, service, rental, and
leasing) means a business which sells, services, rents or leases heavy equipment
used for construction,mining,or forestry,earthmoving equipment,farming,well-
drilling machinery and equipment, or cranes but does not include a salvage yard
as the primary or accessory use to the business.
Home improvement center means a facility engaged in the retail sale of various
basic hardware lines, such as tools, lumber, builder's hardware, household
appliances, lawn and garden supplies, etc.
Lumber yard and building materials means a facility which principal business is
storing and selling cut lumber and associated accessory building materials.
Manufactured home and mobile home sales and service facility means a facility
for the sale and service of mobile homes,manufactured homes, and travel trailers
but does not include a salvage yard as the primary or accessory use to the business.
Motor freight terminals means a facility for freight loading and freight storage.
Oil and gas field equipment, sales, and rental yard, means an open area devoted
to the storage of large oil field equipment and the offering of the same for sale or
rent but does not include a salvage yard as the primary or accessory use to the
business.
Tire sales means a facility where the principal business is the sale or installation
of new, used, or retreaded tires and tubes.
Travel trailers and recreation vehicles sales and service facility means a facility
for the sale and service of travel trailers, recreational vehicles such as
motorhomes, campervans, coaches, caravans, fifth-wheel trailers, pop-up
campers and similar items but does not include a salvage yard as the primary or
accessory use to the business.
SECTION 2: The Permitted and Conditional Use Legend is amended as set forth in attachment
"A"hereto.
SECTION 3: Any existing business not in compliance with these amendments that has been
issued a building permit or a business license shall be "grandfathered" and
allowed to continue as nonconforming.
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 0 for and 0 against,the foregoing Ordinance at its
regular meeting held on the 27th day of March 2023.
y� A.
IN WITLESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did
pass, approve, and adopt,by a vote of for and against,the foregoing Ordinance at its
regular meeting held on the 27th day of March 2023.
Gwk Trews
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City of Van Buren Sep P. Hurst
0 Mayor
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ATTESTED: APPROVED AS TO FORM:
ShaAUfa Reynolds acob howell
City Clerk/Treasurer City Attorney
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access off of Starbird Street was made by Commissioner Jason Myers and seconded by Commissioner Mason
Slurey.The motion was approved unanimously.
Members of the public present for this rezone were: Sue Walker of 624 Starlite Bend and Mary Kay Dutton of
623 Starlite: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 Hwy 59,which will greatly improve the drainage problem on Starbird Street.
7.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 motionto.approve
ecommendation 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 Iaiger
,t ems in_Industri4 Districts instead of only-_in Commercial Districts:,
S.Building Code Discussion—Amending Re-Roofing 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 amendment to 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;rnotion was approved unanimously.
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Andy Dibble,Chairman Wally Bailey,Planning Director
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Attachment
"A" March 2023
Van Buren
Permitted and Conditional
ei N M CY � N
U
X= Permitted Use 'n
'n
41 •L •L � � � O
C = Conditional Use (must be approved by a d
planning commission) £ E y
a.
U U O
Detached one family dwelling X X X X X
Manufactured Homes(See Section 3-B) 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 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
Municipal recreation or water supply use X X X C C C C C C C
Accessory structures and uses pertinent to the principal structure x X X X X
and use
Parks,playgrounds,etc. C X x C x C C C C C x
Kindergartens(public or private),day care C X X C X 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 X X X X
a nuisance in respect to noise,odor,dust,vibration,etc.
Wholesaling and warehousing x x x x x
Bulk storage and non-combustible materials X X X X X
Automotive service,repair,and storage,provided that wrecked or X X X X 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
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
feet by 90 feet
X= Permitted Use r' ';' `�' ';' �' `�' N L
io io3 m a
C = Conditional Use (must be = a� a� L o
approved by planning commission) :a ° E E o
v W �' �' a� o o -a n Q
1= U U 2 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,sawmills and junk yards
Public facilities and utilities x
Home based business C C C C C
On-site real estate sales office C C C C
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 x
Homeless Shelter/Transitional dwelling C C C
Mini-Storage Facilities C x x
Commercial Communication Towers C C C C C C x x x
Hogs,Goats,Sheep,Cattle and Horses C C C C C C C C C
Recycling center C C C
Salvage business C C C
Bus,Truck and Tractor Sales and Service C x x
Commercial,Industrial machinery,and equipment C X X
(sales,service,rental,and leasing(salvage yard not
permitted)
Home Improvement Center x x x
Lumber Yard and building materials C x x
Manufactured Home and mobile home sales and C x x
service(salvage yard not permitted)
Motor freight terminals C x x
Oil and gas field equipment,sales,and rental yard C x x
(salvage yard not permitted)
Tire sales x x x
Travel trailers and recreation vehicle sales and service C x x
(salvage yard not permitted)
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Uity of Van, Bure-j;a, Arkansas
Munid al .�m- nex
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111 North 12' Street o Van Buren, Arkansas 72956
VAN BUREN CITE' COUNCIL, MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: INDUSTRIAL DISTRICTS—ADDITION OF LAND USES THAT PERMIT
SALES AND SERVICE
DATE: MARCH 21,2023
The City's zoning ordinance does not recognize or allow sales and service of items in the
Industrial Districts.Many uses fit better in an Industrial District than they do in a
Commercial District. There are also some uses that because of the nature of their sales
should be allowed in Industrial Districts. Currently,the C-2 district is the only district that
permits retail sales.
We presented to the Planning Commission amendments to the zoning ordinance that will
permit("P") the sales,service,rental and leasing of several items in Industrial Districts.
Additionally, some uses are identified as a conditional use ("C")because of the potential
that they could have on neighboring properties or a corridor when located in C-2 zones.
I have attached a copy of the proposed amendment to the land use chart and definitions for
several items not previously listed in the permitted and conditional land use chart.Some
items could have such an impact that they will be considered as conditional use in the C-2
zoning districts but permitted uses in the Industrial Districts.
The proposed ordinance also includes a section recognizing any business that may have
been issued a building permit or a business license before the effective date of this
ordinance.
The Planning Commission reviewed these amendments at their February and March
meetings.The Planning Commission unanimously voted to recommend these changes to
the City Council so that the Zoning Ordinance may be amended.
Please contact me if you have any questions.
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Definitions for Proposed New Uses to the Permitted and Conditional Use Chart
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Bus,truck and tractor sales and service means a use that sells and services buses and large
trucks normally used for commercial purposes such as tandem axle and tractor trailers but
does not include a salvage yard as the primary or accessory use to the business. j
Commercial, industrial machinery,and equipment(sales,service, rental and leasing) means a
business which sells, services, rents or leases heavy equipment used for construction, mining,
or forestry, earthmoving equipment,farming,well-drilling machinery and equipment, or
cranes but does not include a salvage yard as the primary or accessory use to the business. i
Home improvement center means a facility engaged in the retail sale of various basic
hardware lines, such as tools, lumber, builders hardware, household appliances, lawn and
garden supplies, etc.
Lumber yard and building materials means a facility which principal business is storing and
selling cut lumber and associated accessory building materials.
Manufactured home and mobile home sales and service facility means a facility for the sale
and service of mobile homes, manufactured homes, and travel trailers but does not include a
salvage yard as the primary or accessory use to the business.
!
Motor freight terminals means a facility for freight loading and freight storage.
Oil and gas field equipment, sales and rental yard, means an open area devoted to the
storage of large oil field equipment and the offering of the same for sale or rent but does not
include a salvage yard as the primary or accessory use to the business.
Tire sales means a facility where the principal business is the sale or installation of new, used,
or retreaded tires and tubes.
Travel trailers and recreation vehicles sales and service facility means a facility for the sale
and service of travel trailers, recreational vehicles such as motorhomes, campervans,
coaches, caravans,fifth-wheel trailers, pop-up campers and similar items but does not s
include a salvage yard as the primary or accessory use to the business.
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Proposed Amendments to the Zoning Code Permitted and Conditional Use Chart I
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C-2 1-1 1-2 I
Bus,truck and tractor sales and service(salvage yard not permitted) C X X
Commercial, industrial machinery,and equipment(sales,service, rental,
and leasing) salvage yard not permitted
C I X X i
Home improvement center
X X X
Lumberyard and.building materials C X X I
Manufactured home and mobile home sales and service(salvage yard not j
permitted) C X X
Motor freight terminals C X X
Oil and gas field equipment, sales,and rental yard (salvage yard not
permitted)
C X X
Tire sales means a facility where the principal business is the sale or installation of
new,used,or retreaded tires and tubes. X X X
Travel trailers and recreation vehicles sales and service(salvage yard not
permitted) C X X
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City al Van Bureg Arhnsaz
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Ra=*ng
1003 Broadway a Van Buren,Arkansas 72956
PLANNING COMMISSION MINUTES
March 7, 2023
1. Call 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. Roll Call. The following Commissioners were present:Chairma#Andy Dibble,Vice-Chairman Philip
Bagby,Mark Evans,Missy Hefner,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.A.genda Item#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, 2023. A-motiori to'approve was made by Commissioner
Jay White and seconded by Vice-Chairman Philip Bagby. The motion was approved unanimously.
4. Variance #3-2023�29 Poplar Street Satterfield Land Surveyors/Bigmuch holdings, LLC;
Requesting Variance From Minimum Lot Size and Minimum Front Yard 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 9;000 sq ft minimum lot size to.8,061.81 sq ft for Lot ZOA and 7,225.75 for Lot 2 1 A was approved
because of an existing hardship—very steep`teriain makes it difficult to meet the setback and lot size requirements.
5. Rezone #3-2023—Lots 10 & 11 North IiilIs 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 A4yers 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"iii 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 approve recommendation to City Council with the condition of no
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