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Home My WebLink About2024-10-15-AGENDA PACKETRick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney A HISTORIC 'TREASURE e �n ARkA,1',5;1 ti' OLDF,S� �� NT AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 October 15, 2024 5:30 P.M. COUNCILMEMBERS Brittany Bennett Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Chris Poole Landon Reeves Robb Roberts 1. CALL TO ORDER 2. INVOCATION 3. ROLL CALL BY CITY CLERK 4. APPROVAL OF MINUTES 5. APPROVAL OF AGENDA 6. COMMENTS FROM CITIZENS 7. UNFINISHED BUSINESS None 8. NEW BUSINESS A) Police Department Report B) Engineer's Report C) Fire Department Report D) Consider the Levy of Taxes for the year 2024 payable in 2025 E) Consider a resolution to amend the Land Use Plan to correct F) Consider an Ordinance to amend the Batesville Zoning Districts Map - White River Independent Living LLC. G) Consider an ordinance to amend the Batesville Zoning Districts Map- Kimmer property 150 W. Chestnut St. H) Consider an ordinance to amend the Batesville Zoning Districts Map - Ball 2"d Addition 1) Financial report 9. COMMENTS FROM THE MAYOR 10. LIAISON REPORTS 11. COMMENTS FROM COUNCIL MEMBERS (by roll call) 12. ADJOURNMENT Batesville- My Hometown... Make it Yours! RESOLUTION NO. CITY OF BATESVILLE, ARKANSAS WHEREAS, White River Independent Living LLC requested to amend the Official Zoning Districts Map for a use that would be inconsistent with the uses suggested by the Batesville Comprehensive Plan, necessitating a review of said Plan to determine if an amendment thereto was appropriate; and, WHEREAS, the Batesville Planning Commission conducted a public hearing on October 7, 2024 to consider desirable revisions to the Comprehensive Plan; and, WHEREAS, the Planning Commission, at a regular meeting on October 7, 2024, adopted certain revisions to the Plan in the vicinity of the end of Dogwood Drive East, as shown at Exhibit A attached hereto, which would provide a use buffer between shopping center commercial and single-family residential areas as well as enhance the future development of the City of Batesville and in particular increase the amount of more affordable housing within the City; and, WHEREAS, the Planning Commission has recommended to the Batesville City Council that it adopt said revisions to the Plan by resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS THAT, the revision to the Batesville Comprehensive Plan as prepared and recommended by the Planning Commission be, and hereby are adopted. ADOPTED THIS DAY OF ATTEST: DENISE JOHNSTON, CITY CLERK , 2024. APPROVED RICK ELUMBAUGH, MAYOR EXHIBIT A CURRENT LAND USE PLAN AMENDED LAND USE PLAN NORTH 0 150 300 Feet —.- Proposed Amendment Proposed Land Use (2024) Use SFR MFR 2-4 - Corridor Commercial Shopping Center Urban Reserve ORDINANCE NO. AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICTS MAP; AND FOR OTHER PURPOSES. WHEREAS, White River Independent Living LLC has requested that property at the end of Dogwood Drive East be re -zoned from Commercial Community (C-1) to General -Family Residential (R-2) in order to facilitate the development of medium density residential units; and, WHEREAS, the Batesville Planning Commission has reviewed the relationship of these properties with the Comprehensive Plan and voted at its October 7, 2024 meeting to amend said Plan to support such development; and, WHEREAS, the Batesville Planning Commission conducted a properly advertised public hearing on October 7, 2024 to consider said proposed amendment to the Zoning Districts Map; and, WHEREAS, the Batesville Planning Commission voted at its regularly scheduled meeting on October 7, 2024 to approve the requested amendment to the Zoning Districts Map as being in the best interest of the future development of the City of Batesville, and further recommends that the Batesville City Council adopt said amendment to the Zoning Districts Map. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS THAT THE BATESVILLE ZONING DISTRICTS MAP IS HEREBY AMENDED AS FOLLOWS: Section 1: For the following described property from Commercial Community District (C-1) to General -Family Residential District (R-2) zoning classification as displayed on Exhibit A attached hereto: Parcels identified by the Independence County Assessor as ID#11003730003 and ID # 11003730004 Section 2: IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID, SUCH INVALIDITY SHALL NOT AFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. IT IS SO ORDAINED. IN WITNESS WHEREOF, we have set our hands this , day of , 2024. APPROVED: ATTEST: DENISE JOHNSTON, CITY CLERK APPROVED AS TO LEGAL FORM: TIMOTHY MEITZEN, CITY ATTORNEY RICK ELUMBAUGH, MAYOR EXHIBIT A - ■- r • _ aV) •` ; R-1 c >� ; 40 Harrison St r ■ o� R-1 CP 4P ■ ♦♦ ♦♦♦ % ; �f0 . j °°da '�� R-1 �� i� C-1 Cedar St i R_2 •� Proposed Rezone CD (C-1 to R-2) d Jumper Or NORTH 0 250 500 Feet ----- Zoning District Boundary ti�••1 Proposed Amendment R-1 Single Family Residential I R-2 General Family Residential C-1 Commercial Community • • • • • Greenway Trail ORDINANCE NO. AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICTS MAP; AND FOR OTHER PURPOSES. WHEREAS, Brian Kimmer has requested that his property at 150 W Chestnut St be re -zoned from General -Family Residential (R-2) to Commercial Community (C-1) in order to facilitate a proposed commercial development facing N. Central Ave. from W. Chestnut St. to W. Carter St; and, WHEREAS, the Batesville Planning Commission has reviewed the relationship of this properties with the Comprehensive Plan and determined that the requested zoning would be entirely consistent with said Plan; and, WHEREAS, the Batesville Planning Commission conducted a properly advertised public hearing on October 7, 2024 to consider said proposed amendment to the Zoning Districts Map from General -Family Residential (R-2) to Commercial Community (C-1); and, WHEREAS, the Batesville Planning Commission voted at its regularly scheduled meeting on October 7, 2024 to approve the requested amendment to the Zoning Districts Map as being in the best interest of the future development of the City of Batesville, and further recommends that the Batesville City Council adopt said amendment to the Zoning Districts Map. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS THAT THE BATESVILLE ZONING DISTRICTS MAP IS HEREBY AMENDED AS FOLLOWS: Section 1: For the following described property from General -Family Residential District (R-2) zoning classification to Commercial Community District (C-1) as displayed on Exhibit A attached hereto: The east half of lots 1 and 2 of Block 8 of Maxfield's Western Addition, also identified as Parcel ID #1101272000 Section 2: IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID, SUCH INVALIDITY SHALL NOT AFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. IT IS SO ORDAINED. IN WITNESS WHEREOF, we have set our hands this , day of , 2024. APPROVED: ATTEST: DENISE JOHNSTON, CLERK APPROVED AS TO LEGAL FORM: TIMOTHY MEITZEN, CITY ATTORNEY RICK ELUMBAUGH, MAYOR EXHIBITA O °�S ♦i ale s'f 44 OG 5t �f t JJ �J e5 r Amend to C-1 / �G (Community Commercial) % 5� o� ey�c� a\eey` t r ♦♦ - ,0 w� 0 �% P % ecan Cir ♦♦♦ � t�ey5 ♦♦� Gra 5� % re�� t�j ,% SSA dfN �f Sf 5� ♦� 40 N •♦♦ NORTH 0 250 500 Feet Proposed Rezone R-1 Single Family Residential R-2 General Family Residential C-1 Commercial Community City_Limits �� Zoning District Boundary ORDINANCE NO. AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICTS MAP; AND FOR OTHER PURPOSES. WHEREAS, it came to the attention of the Batesville Planning Commission that Ordinance 84- 03-01, which was intended to amend the zoning classification of a portion of Ball's 2°d Addition from residential to commercial, was never entered onto the Official Zoning Districts Map and, for a variety of reasons, it was not appropriate to administratively correct said Map; and, WHEREAS, the Planning Commission and property owners determined that a 2011 survey of the properties accurately depicted the area intended to be re -zoned; and WHEREAS, the Batesville Planning Commission has reviewed the relationship of these properties with the Comprehensive Plan, as amended, and determined that that the proposed re -zoning as consistent with the commercial uses anticipated in said Plan as well as the intent of the earlier ordinance; and, WHEREAS, the Batesville Planning Commission conducted a properly advertised public hearing on October 7, 2024 to consider said proposed amendment to the Zoning Districts Map from Single -Family Residential (R-1) to Commercial Community (C-1); and, WHEREAS, the Batesville Planning Commission voted at its regularly scheduled meeting on July 1, 2024 to approve the requested amendment to the Zoning Districts Map as being in the best interest of the future development of the City of Batesville, and further recommends that the Batesville City Council adopt said amendment to the Zoning Districts Map. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS THAT THE BATESVILLE ZONING DISTRICTS MAP IS HEREBY AMENDED AS FOLLOWS: Section 1: The zoning classification of the following properties is hereby changed from Single -Family Residential (R-1) to Commercial Community (C-1), as described below and as displayed on Exhibit A attached hereto; A tract of land being a part of Block 5, all of Block 6, all of Block 7 west of U.S. Highway No. 167, a part of Adler Street (abandoned) and all of Ball Street Extended (abandoned), all in Ball's 2°d Addition to the City of Batesville, Independence County, Arkansas, more particularly described as follows: Beginning at the northwest corner of said Block 6, then S 69°31'39" E, 198.84 feet to the west right of way line of U.S. Highway 167 (N. St. Louis St.); thence along said right of way line the following: S 27019'02" E, 138.95 feet; thence S 16°24'30"E, 195.81feet; thence S 09°33'33"E, 193.20 feet; thence S 02°43'33" W, 97.10 feet; thence S 00°04'00" E, 33.23 feet to the north right of way line of Marywood Drive; thence along said north right of way line of Marywood Drive the following: N 88°36'46" W, 137.52 feet; thence S 01 °23' 14" W, 10.00 feet; thence N 88036'46" W, 68.55 feet; thence leaving said right of way line, N 01 °5 P 12" E, 379.44 feet to the centerline of Adler Street (abandoned); thence along said centerline N 8991'42" W, 170.28 feet to the east right of way line of Cedarwood Drive; then along said right of way line, N 09°44'37" E, 330.72 feet to the point of beginning. Section 2: IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID, SUCH INVALIDITY SHALL NOT AFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. IT IS SO ORDAINED. IN WITNESS WHEREOF, we have set our hands this , day of 52024. APPROVED: ATTEST: DENISE JOHNSTON, CLERK APPROVED AS TO LEGAL FORM: TIMOTHY MEITZEN, CITY ATTORNEY RICK ELUMBAUGH, MAYOR EXHIBIT A t CD Adler St ■ ■ ■ Amend to C-1 ■ ■ (Community Commercial) ■ ■ ■ ■ ■ 1-1 - Proposed Rezone NORTH R-1 Single Family Residential C-1 Commercial Community 0 250 500 ,---' Feet--� City_Limits ■■■■■ Zoning District Boundary