2150ORDINANCE NO. o~ I SO
AN ORDINANCE GRANTING A SIX (6) MONTH MORATORIUM ON
THE ACCEPTANCE OF ANY NEW DEVELOPMENT APPLICATIONS
FOR TRUCKING RELATED BUSINESSES INCLUDING TRUCK STOPS,
TRUCK TERMINALS, CROSS-DOCKING, TRUCK SERVICING, AND
OTHER LIKE FACILITIES IN DESIGNATED AREAS OF THE CITY;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT, DECLARING AN EMERGENCY AND FOR OTHER
PURPOSES.
WHEREAS, the West Memphis Planning and Development Department and the West
Memphis Planning Commission have expressed concern about the development and location of
trucking related businesses including, but not limited to, truck stops, truck terminals, cross-
docking, truck servicing and other like facilities, within a corridor along I-40 and I-55 extending
from the western boundary of 7th Street right-of--way west to the intersection of Highway 147
and I-40 in West Memphis, as designated on the map attached hereto and incorporated herein;
and,
WHEREAS, a moratorium on the acceptance of any new development applications for
trucking related businesses in the designated areas will preserve the status quo in the City of
West Memphis during the research period; and,
WHEREAS, the Planning Commission has recommended that the City Council adopt a
moratorium on the acceptance of any new development applications for trucking related
businesses within the designated areas of the City, for six (6) months, to conduct a study as to the
manner and placement of these types of facilities and to make possible recommendations for
changes to the City's land development regulations and to initiate said changes to protect the
future health, safety, and general welfare of the entire City of West Memphis; and,
WHEREAS, the proposed moratorium shall not apply to development in progress at the
time the moratorium is enacted; and,
WHEREAS, City Council deems it in the public's interest to grant a six (6) month
moratorium on the acceptance of any new development applications for trucking related
businesses within the designated areas of the City of West Memphis;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. The findings and recitations set out in the preamble to this Ordinance are
found to be true and correct and they are hereby adopted by the City Council and made a part
hereof for all purposes.
SECTION 2. The City Council of the City of West Memphis hereby grants a six (6)
month moratorium on the acceptance of any new development applications for trucking related
businesses within the City, to allow the Planning and Development Department the needed time
to research changes in regulations to protect the future health, safety, and general welfare of the
City of West Memphis. The moratorium shall not apply to development in progress at the time
this moratorium is enacted.
SECTION 3. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any
phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the
final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.
SECTION 4. All Ordinances or parts thereof in conflict herewith are repealed to the
extent of such conflict only.
SECTION ~ EMERGENCY CLAUSE. It having been found and determined by the
City Council of the City of West Memphis that the potential development and location of
trucking related businesses within a corridor along I-40 and I-55 extending from the western
boundary of 7th Street right-of--way west to the intersection of Highway 147 and I-40 in West
Memphis presents planning issues including, but not limited to, traffic congestion, there is an
urgent and immediate need to conduct a study as to the manner and placement of these types of
facilities and to make possible recommendations for changes to the City's land development
regulations and to initiate said changes to address these planning issues, therefore, an emergency
is hereby declared to exist, and this ordinance, being necessary for the preservation of the public
peace, health, safety and welfare of the citizens of West Memphis, Arkansas, shall be in full force
and effect from and after the date of its passage and approval.
PASSED AND APPROVED this 1~ day of S~'f~MBER , 2006.
WILLIAM H. JOHNSON, MA OR
ATTEST:
PHILLIP ARA, CITY CLERK
SPONSORED BY:
RE ieEk 5 Office
City C
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