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ORD NO 22-2023 CITY OF VAN BUREN,ARKANSAS ORDINANCE NOA19\-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 Empire Construction 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 May 21,2023; 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-3 MultiFamily Residential District Commercial-2 Thoroughfare Commercial District Legal Description: Lot 7,Block, 12,McGee's Addition Lnq an's Address 1223 Walnut St WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire Planning Commission, in accordance with A.C.A. 14-56-422. 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-3 to C-2 and the Van Buren Zoning Map is hereby amended to reflect this rezoning. IN WITNESS WHEREOF,the City of V 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 26th day of June 2023_ G\�G�etk Tr�aS r� G City of Van Buren seph P urst C my ^ � or a ` v/ry County•P��c ATTESTED: APPROVED AS TO FORM: a Shawnna Reyno s well �`--- -----;j City Clerk/Treasurer City Attorney ✓L/t 4 ti .f�t�✓J �^vim ������ S r .� `) ` ' 1����//I►IIfIVlti1�1�� '111) At .V Bunren, ra Ax- lim-risas I al Complex 1003 Broadway e Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM[ TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: REZONING OF 1223 WALNUT STREET; LOT 7, BLOCK 12,MCGEE'S ADDITION DATE: JUNE 20,2023 Empire Construction made an application to change the zoning on the subject property(see enclosed maps) from R-3 to C-2. The purpose of the rezoning is to use the existing commercial building and construct an addition to the building. { This property was originally developed with a commercial building however the property is zoned Residential-3. The commercial building is an existing non-conforming use. The applicant wants to construct an addition to the building; therefore, a rezoning is necessary. The.Master Land Use Plan(see enclosed map) shows this property is in a designated commercial area which helps to qualify this property for the requested Commercial Zoning. The Planning Commission unanimously approved the request and recommends the rezoning to the City Council for approval. Please contact me if you have any questions. CITY Or, VAN BURE,N RUZONING APPLICATION REZONE NUBIBE R. 3 APPLICANT NAME: Y6-'-m Ve, TELEPI-IONENUMBER: —45 --- 7ol 74 ADDRESS,—/,2213 A C, PROPERWOMINBI)BY, TELEPI-TONE NUMBER: ADDRESS., SZ, rOUNTY ASSESSOR'S PARCEL NUMBER.-_�&)a-__0325-0-00�C— PRESF,,NTUSE:, PROPOSED USE: e-a17---,oW APPLICANTSIGNATUXE-- u 6-3 PLANNING DEPARTMENT PROVIDE;& RE'ZONING FROM: TO: DATE FI LED:—5,5- Z 3. PUBLIC I-TEARING DATE. CONTINUED TO DAT.E' APPLICATION FEE PAID; OTFIBR PLANNING COMMISSION ACTION: DATE: CITY COUNCIL ACTION: DATE: ORDINANCE NUMBER; '4 r AYMgQ jMn0N EMI &Gr,,N'T' If an agent is acting on behalf ofthe Mvner(s),all owners must sign in the space provided.This Form is necessary only when the person representing this request does not own All the property. We the undersigned,being,owners ofreal property,and requestin an abandonment oFpublacr ghf-of- way,alley,orpublic easement by application do hereby Authorize 5 j 64an:-%toner as our agent in the matter. (Print Name of Agent) (Type or clearly print) NAME&ADDRESS Of ALL OWNERS. SIGMA7 FALL OYMERS, got bloc l�— 5l T 2. 3. 4. P 1 4 Letter of Request To the Wan Buren Board of Adjustment: Parcel#7QO-03750-000-C Address ofproperty; 1223 Walnut St,VB AR 72956 Description of property:Lot 7,McGee Addition.to the city of Van Buren,Crawford County,Arkansas Property Owner: Empire Construction 401 Hemlock St Van Buren AR 72956 We are requesting a Rezone. Reason for request.Commercial business already operating on property. Statement from property owner"It's already a,commercial building and was rezoned incorrectly on the front end.We:plan on doing an addition and they will not let me pull a permit for the addition without proper zoning which is commercial even though its already a commercial building." We are requesting a rezone of the subject property.from Residential (R3)to Commercial (C2). Supporting survey: Satterfield Survey Job#47567 Thank yo , 01.,v1 Jazzmen Daigle,Assis to: Ricky Hill,PLS Satterfield Land Surveyors 479-632-3565 lielcy@slsurveying.com E a t J ' q: tors Lora, rV w)' �k 61",pli .............. .. :V A .......... 0� w 5 lz -T ts Lorb 14 ....... . 14 b tjl tu 'V3.... .... 18 Qi Q IVY ze- 'b vi -u N la SURVEYORS NOM This survey was conducted under the suo Woll of Clalf5 IV SallerlVeld.No. 0147 '10, No, 1443, 1 Sle". P.A., Carflikole of AulbotZrallan No. 71a Soll"field toad Surveyors, P.A., 1-(479)-632-3566 Hay, 7t No,th,P.O.Be;e 64o, Atma, AR 72.921 SURVEYOR'S NOTE: Mls survey was done to mark the comers an the ground and to RZ E h absear show ved structures. Ulfilltas located if Requested"accardIng to 1/1 company o- an '..c utility p 7 records, and or above groundInspectlan This survey was done from description luralshed 10 us or Instruction from the pceson(s)named on this plat. Are title search was done -UP and record ownarshlp,Rights of Way of road and Easements to and across this property , • + r�, c-z Search resui r •� C 2 C„� � .�, C�Z•x�€ 1 Ae e` �., �a _ �`+�`q�ST�, MA1N 5T�.:���'�.,� ,�r.s.,,.. �'"'` i¢� �� ry P � '-f f.RYA �k- xX -"`N G ..�y.".� w, � �k'k""w" ,�' •�S ,�J�.�[ �i[',„�� hP�M1 �„' .ab :.-w�` J� � ^m..�' �+. ���„', ',i 1 �� G-2, ._ �yi /� �••���k /� ]] �[s.� � � i 9 v.s 1. C.2 'I Y C_Z 1'�C'��' A' j�iir�+ a•�', z � f ti�,, p �� �� ry� ,�, P� � ._..--..+^vy 1 �t I, y..�t t�"� t s R_3 � �� '�' "`#,t•�t�„x..,t (I,, �. ��� C_Z � �a5 =' C2 ''��, R_3 c 1u`� r,. .-_.�h� �t�; „,„-.... - '•r,�'�""WAISdOT Y ;��w.'-.�.,��� ;,; Zl R 3 �: ��, y Ij`'y. �'� .�(�•�;f ks��.�a .k'� fi��k..' .N�i,�'��ix'�'�p'' Jy�.,,...i".gb.t.....F.w�i R- NfIvAi 7-e-gsygl p: k;Jft: 1K at -at 'Out? "W9 jaw l,*"`x`°-;`��.`4���_'t-'��.��.�,�'� �•"�^�, rq"- :G:�."'.' ��;�e• ' ',�,. � �::��'��.'" S.v .` .'X*; •yam �.° '' ,aa.P +�f` x;�`���"�� ��.i .��.�r4 .. ��aN� ;•',.+.r.'^`' .i v�.Y:=+��" :.��'" `}kX c-,.,ay� P • a y ��i",s�� �!:'7;..akw����`#i`A�'{ �r ;:,� yn"— L� If W—7 1 I 5'M tr —7 K low h� sit � �� `�� � �"�' ra��• u i `� �� 5"+�' r� .'�5 a �" #r 3 I I a W at B ra OPT X u r e--R�- i r-tai-,n,s a.,, A.'Wom i3pal I I I NOS 12"' Street o Van Buren, -Arkansas 72956 PLANNING COMMISSION REZONING MEMORANDUM TO: PLANNING COMMISSION FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: 1223 WALNUT STREET DATE: MAY 30,2023 CC: APPLICANT(S) Empire Construction REASON FOR REZONING There is an existing commercial building on the property.The applicant wants to construct an addition to the building which is an expansion of a nonconforming use on the property. See attached letter from applicant. SITE DATA Location. See attached map(s). Existing Structures. Yes. See enclosed map and pictures. CurtentZoning R-3 Multi-family Residential District which permits one family,two family, and multi-family dwellings,parks, schools,and some conditional uses. Requested Zoning C-2 which permits retail establishments, offices,medical offices and clinics, warehousing, etc. Adjacent Zoningand Land Uses Residential-3 and C-2 see attached map.Apartments, commercial and single family. Master Land Use Plan The 2009 Master Land Use Plan shows this property is in an area classified as Commercial. See attached map and text from the Master Land Use Plan. Master Street Plan. Local Streets Flood Plain. N/A Public Improvements. N/A STAFF COMMENTS This property was originally developed with a commercial building however the property is zoned Residential-3.The commercial building is an existing non- conforming use.The applicant wants to expand the non-conforming use,so a rezoning is necessary. The Master Land Use Plan (see enclosed map) shows this property is in a designated conunercial { area which helps to qualify this properq,for the requested Commercial Zoning. h