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HomeMy WebLinkAboutORDINANCE 6086113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6086 File Number: 2018-0452 RZN 18-6283 (SE OF PUMP STATION RD. & CITY LAKE RD./PARK OZARK, LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18- 6283 FOR APPROXIMATELY 2.89 ACRES LOCATED SOUTHEAST OF PUMP STATION ROAD AND CITY LAKE ROAD FROM R -A, RESIDENTIAL AGRICULTURAL AND I-2, GENERAL INDUSTRIAL TO I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R -A, Residential Agricultural and I-2, General Industrial to I-1, Heavy Commercial & Light Industrial. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 9/4/2018 Attest: Sondra E. Smith, City Clerk Treasurer,�� f17�l),��.', yJ ■ ��r r Gi • • �'�rgs•;�'if ANP OJ��. Oa A 1�0, Page 1 Printed on 915118 RZN 18-6283 I Park Ozark, LLC I 18-6283 Close Up View I-1 Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint 0 Subject Property x -t Feet 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT 'A' f -Z NORTH 18-6283 EXHIBIT 'B` LEGAL DESCRIPTION OF PARCELS #765-15150-000, #765-15150-001, #765-15282- 000 & QUITCLAIM AREA TO THE EAST OF PARCEL #765-15150-001 ALL OWNED BY PARK OZARK LLC.: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, AND A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, ALL BEING LOCATED IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27 AND RUNNING THENCE ALONG THE NORTH LINE OF SAID FORTY ACRE TRACT N87025'57"W 865.00', THENCE LEAVING SAID NORTH LINE NO2052'50"E 62.38' TO THE CENTERLINE OF EAST PUMP STATION ROAD, THENCE ALONG SAID CENTERLINE N6205 8'48"W 164.54' TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID CENTERLINE S02021'53"W 507.48' TO THE NORTH LINE OF LOT 7 OF FAYETTEVILLE INDUSTRIAL WEST, THENCE ALONG SAID NORTH LINE N66°09'31 "W 308.40' TO THE EAST RIGHT-OF-WAY OF CITY LAKE ROAD (HWY 9156), THENCE ALONG SAID RIGHT-OF-WAY N07056'15"E 249.59', THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N07037'44"E 230.41', THENCE LEAVING SAID RIGHT-OF-WAY N13005'00"W 32.42' TO THE CENTERLINE OF EAST PUMP STATION ROAD, THENCE ALONG SAID RIGHT-OF-WAY S63003'02"E 244.75', THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S62058'48"E 30.46' TO THE POINT OF BEGINNING, CONTAINING 3.12 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN EAST PUMP STATION ROAD RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS-OF-WAY OF RECORD. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0452 Agenda Date: 9/4/2018 Version: 1 Status: Passed In Control: City Council Meeting Agenda Number: C. 2 File Type: Ordinance RZN 18-6283 (SE OF PUMP STATION RD. & CITY LAKE RD./PARK OZARK, LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6283 FOR APPROXIMATELY 2.89 ACRES LOCATED SOUTHEAST OF PUMP STATION ROAD AND CITY LAKE ROAD FROM R -A, RESIDENTIAL AGRICULTURAL AND I-2, GENERAL INDUSTRIAL TO 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R -A, Residential Agricultural and I-2, General Industrial to I-1, Heavy Commercial & Light Industrial. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 91512018 City of Fayetteville Staff Review Form 2018-0452 Legistar File ID 9/4/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/14/2018 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 18-6283: Rezone (SE OF PUMP STATION RD. & CITY LAKE RD./PARK OZARK, LLC, 603-642): Submitted by STACY PARK for properties located SE OF PUMP STATION RD. & CITY LAKE RD. The properties are zoned R -A, RESIDENTIAL AGRICULTURAL and 1-2, GENERAL INDUSTRIAL and contain approximately 2.89 acres. The request is to rezone the properties to 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL. Account Number Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance No Item Cost NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number. Comments: Approval Date: r� CITY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 4, 2018 TO: Mayor, Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Quin Thompson, Current Planner DATE: August 14, 2018 SUBJECT: RZN 18-6283: Rezone (SE OF PUMP STATION RD. & CITY LAKE RD./PARK OZARK, LLC, 603-642): Submitted by STACY PARK for properties located SE OF PUMP STATION RD. & CITY LAKE RD. The properties are zoned R -A, RESIDENTIAL AGRICULTURAL and 1-2, GENERAL INDUSTRIAL and contain approximately 2.89 acres. The request is to rezone the properties to 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL. RECOMMENDATION: The Planning Commission and staff recommend approval of the requested rezoning as depicted in Exhibits 'A' and 'B'. BACKGROUND: The subject property is located at the southeast corner of Morningside Drive/City Lake Road and Pump Station Road, in an area comprised of industrial and residential land uses. Request: The request is to rezone the property from 1-2, Industrial and R -A, Residential - Agricultural to 1-1, light Industrial and Heavy Commercial. Public Comment: Staff has received no public comment concerning the request. Land Use Compatibility: The proposed 1-1 zoning allows development and land use compatible with surrounding properties. Parcels to the north, west, and east are undeveloped, while the parcel south serves as a contractor yard and office. Land Use Plan Analysis: In staffs opinion, the 1-1 zoning district is consistent with the Future Land Use Map (FLUM) designation in this area set aside for industrial uses. Rezoning the property to 1-1 will create an appropriate land use transition between the heavy industry uses within industrial park and existing agricultural and residential uses along the west side of City Lake Road. DISCUSSION: At the August 13, 2018 Planning Commission meeting, this item was forwarded with a recommendation for approval by a vote of 9-0-0. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMpPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN 18-6283 Park Ozark, LLC 18-6283 Close up view I EXHIBIT W Legend Planning Area Fayetteville Cit Limits y y Trail (Proposed) Building Footprint Subject Property R -A Feet 0 75 150 300 450 600 1 inch = 200 feet A& NORTH 18-6283 EXHIBIT 'B" LEGAL DESCRIPTION OF PARCELS #765-15150-000, #765-15150-001, #765-15282- 000, &_ QUITC:LAIM AREA 1.0 THE EAST OF PARCEL #765-15150-001 ALL OWNED BY PARK OZARK, LLC.: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, AND A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, ALL BEING LOCATED IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27 AND RUNNING THENCE ALONG THE NORTH LINE OF SAID FORTY ACRE TRACT N87025'57"W 865.00', THENCE LEAVING SAID NORTH LINE NO2052'50"E 62.38' TO THE CENTERLINE OF EAST PUMP STATION ROAD, THENCE ALONG SAID CENTERLINE N62058'48"W 164.54' TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID CENTERLINE S02021'53"W 507.48' TO THE NORTH LINE OF LOT 7 OF FAYETTEVILLE INDUSTRIAL WEST, THENCE ALONG SAID NORTH LINE N66009'31 "W 308.40' TO THE EAST RIGHT-OF-WAY OF CITY LAKE ROAD (HWY #156), THENCE ALONG SAID RIGHT-OF-WAY N07056'15"E 249.59', THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N07037'44"E 230.41', THENCE LEAVING SAID RIGHT-OF-WAY N13005'00"W 32.42' TO THE CENTERLINE OF EAST PUMP STATION ROAD, THENCE ALONG SAID RIGHT-OF-WAY S63003'02"E 244.75', THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S62058'48"E 30.46' TO THE POINT OF BEGINNING, CONTAINING 3.12 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN EAST PUMP STATION ROAD RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS-OF-WAY OF RECORD. CITY OF FAYETTEVILLE ARKANSAS TO: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner MEETING DATE: August 13, 2018 �1P SUBJECT: RZN 18-6283: Rezone (SE OF PUMP STATION RD. & CITY LAKE RD./PARK OZARK, LLC, 603-642): Submitted by STACY PARK for properties located SE OF PUMP STATION RD. & CITY LAKE RD. The properties are zoned R -A, RESIDENTIAL AGRICULTURAL and 1-2, GENERAL INDUSTRIAL and contain approximately 2.89 acres. The request is to rezone the properties to 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL. RECOMMENDATION: Staff recommends forwarding RZN 18-6283 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN 18-6283 to the City council with a recommendation for approval." BACKGROUND: The subject property is located at the southeast corner of Morningside Drive/City Lake Road and Pump Station Road, in an area comprised of industrial and residential land uses. The surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use/Zoning Direction from Site Land Use Zoning North Undeveloped 1-1, light Industrial & Heavy Commercial South Industrial 1-1, light Industrial & Heavy Commercial [ East Undeveloped 1-2, Industrial/R-A, Residential -Agricultural West Undeveloped 1 1-1, light Industrial & Heavy Commercial Request: The request is to rezone the property from 1-2, Industrial and R -A, Residential - Agricultural to 1-1, light Industrial and Heavy Commercial. Public Comment: Staff has not received public comment. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevillekATd03,2o18 Fayetteville, AR 72701 Agenda Item 9 18-6283 Park Ozark Page 1 of 18 INFRASTRUCTURE: Streets: The subject parcels have access to City Lake and Pump Station Roads, both of which are designated as 'Minor Arterial' streets by the Master Street Plan. Station Road is an unimproved two-lane asphalt street with no sidewalk, no curb and gutter, and no storm drains. City Lake Road is an unimproved two-lane asphalt street with no sidewalk, no curb and gutter, and no storm drains. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the parcels. There is an existing 6 -inch main along Pump Station Road and an 8 -inch main along City Lake Road. Sewer: Sanitary Sewer is not available to the parcels. Drainage: No portion of this property is identified as Federal Emergency Management Act (FEMA) regulated floodplains. No part of the parcels lies within the HHOD. There are no protected streams on this parcel. There are hydric soils identified on this parcel. Any additional improvements or requirements for drainage will be determined at time of development. Fire: The Fire Department did not express concerns with this request. Police: The Police Department did not comment on this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates this area as Industrial Area. Industrial Areas are those areas with buildings that by their intrinsic function, disposition or configuration, cannot conform to one of the other designated areas and/or its production process requires the area to be separated from other uses. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed 1-1 zoning allows development and land use compatible with surrounding properties. Parcels to the north, west, and east are undeveloped, while the parcel south serves as a contractor yard and office. Land Use Plan Analysis: In staff's opinion, the 1-1 zoning district is consistent with the Future Land Use Map (FLUM) designation in this area set aside for industrial uses. Rezoning the property to 1-1 will create an appropriate land use transition between the heavy industry uses within industrial park and existing agricultural and residential uses along the west side of City Lake Road. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Planning Commission GAETC\Development Services Review\201 B\Development Review\18-6283 RZN SE of Pump Station Rd. August 13, 2018 & City Lake Rd (Park Ozark, LLC) 603-642\03 Planning Commission\08-13-201 B\Comments and Redlines Agenda Item 9 18-6283 Park Ozark Page 2 of 18 Finding: The proposed 1-1 zone would align the allowable land uses with City Plan 2030 goals and the Future Land Use Map, which indicates that this land is appropriate for industrial use in the future. While a portion of the subject property is already within an industrial zone, the bulk of the property is within the R -A zone, which is not consistent with City goals as described within the Future Land Use Map. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed 1-1 zone will likely lead to an increase in traffic over the current R -A zone, however the increase should not appreciably increase potential traffic danger or congestion along the adjacent streets that currently accommodate industrial traffic. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning is unlikely to result in a higher density of population, and no undesirable load on public services is anticipated. The Police and Fire Departments have not expressed concerns about the proposed zoning district. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Staff recommends forwarding RZN 18-6283 to the City Council with a recommendation of approval, based on the findings herein. Planning Commission Action: ❑ Approved X Forward ❑ Denied Meeting Date: August 13, 2018 Motion: WINSTON, MOTION TO FORWARD THE REQUEST Second: JOHNSON Vote: 9-0-0 MOTION PASSED Planning Commission GAETC\Development Services Review\2018\Development Review\18-6283 RZN SE of Pump Station Rd. August 13, 2018 & City Lake Rd. (Park Ozark, LLC) 603-642\03 Planning Commission\08-13-2018\Comments and Redlines Agenda Item 9 18-6283 Park Ozark Page 3 of 18 BUDGET/STAFF IMPACT: None Attachments: ■ UDC 161.03, R -A, Residential Agricultural • UDC 161.30, 1-1, Heavy Commercial and Light Industrial • UDC 161.31,1-2, General Industrial • Request letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Planning Commission GAETC\Development Services Review\2018\Development Review\18-6283 RZN SE of Pump Station Rd. August 13, 2018 & City Lake Rd. (Park Ozark, LLC) 603-642\03 Planning Commission\08-13-2018\Comments and Redlines Agenda Item s 18-6283 Park Ozark Page 4 of 18 161.03 - District R -A, Residential -Agricultural (A) Purposes . The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. - (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 I Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Planning Commission August 13, 2018 Agenda Item 9 18-6283 Park Ozark Page 5 of 18 Unit 24 Home occupations Unit Outdoor Music Establishments 35 Unit Wireless communications facilities 36 Unit 42 Clean technologies (C) Density. Units per acre One-half (y:) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Planning Commission August 13, 2016 Agenda Item 9 16-6283 Park Ozark Page 6 of 18 Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R -A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17- 17; Ord. No. 6015, § 1(Exh. A), 11-21-17) r 161.30 - District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted Uses. Unit City-wide uses by right Unit Public protection and utility facilities Unit Cultural and recreational facilities 4 Unit Government Facilities Unit Agriculture Planning Commission August 13, 2018 Agenda Item 9 18-6283 Park Ozark Page 7 of 18 6 Unit 13 Eating places Unit 16 Shopping goods Unit 17 Transportation trades and services Unit Gasoline service stations and drive - 18 in/drive through restaurants Unit 21 Warehousing and wholesale 1 Unit 22 Manufacturing Unit Offices, studios and related services 25 Unit Wholesale bulk petroleum storage !I 27 facilities with underground storage tanks Unit 42 Clean technologies (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Planning Commission August 13, 2018 Agenda Item 9 18-6283 Park Ozark Page 8 of 18 Unit 20 Commercial recreation, large sites Unit Center for collecting recyclable 28 materials Unit 36 Wireless communications facilities j Unit f 38 Mini -storage units i Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 50 feet Front, when adjoining C, I, or P 25 districts feet 50 Side, when adjoining A or R districts feet Side, when adjoining C, I, or P districts 10 feet 25 Rear feet Planning Commission August13,2018 Agenda Item 9 18-6283 Park Ozark Page 9 of 18 (F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. None. (Code 1965, App. A., Art. 5(VI11); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16- 98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5945, §§ 5, 7, 1-17-17; Ord. No. 5982, § 1, 6-20-2017; Ord. No. 6015, § 1(Exh. A), 11-21-17) 161.31- District 1-2, General Industrial (A) Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial activities which may give rise to substantial environment nuisances, which are objectionable to residential and business use. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit Government Facilities 5 Unit 6 Agriculture Unit 7 Animal husbandry Unit 13 Eating places Unit 16 Shopping goods Unit Gasoline service stations and drive - Planning Commission August 13, 2018 Agenda Item 9 18-6283 Park Ozark Page 10 of 18 18 in/drive through restaurants Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit Heavy industrial 23 Unit 25 Offices, studios, and related services Unit Center for collecting recyclable 28 materials Unit 42 Clean technologies Unit 43 Animal boarding and training (2) Conditional Uses. Unit City-wide uses by conditional use 2 permit Unit Facilities emitting odors and facilities 31 handling explosives. Unit Wireless communications facilities 36 Planning Commission August 13, 2018 Agenda Item 9 18-6283 Park Ozark Page 11 of 18 Unit 38 Mini -storage Units Unit 39 Auto salvage and junk yards (C) Density. None. (D) Bulk and area regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 100 feet i Front, when adjoining C, I or P 50 feet � districts Side, when adjoining A or R districts 50 feet Side, when adjoining C, I or P districts 25 feet Rear 25 feet (F) Height Regulations. There shall be no maximum height limits in 1-2 Districts, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. None. (Code 1965, App. A., Art. 5(IX); Ord. No. 2351, 6-21-77; Ord. No. 2516,4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.040; Ord. No. 3971, §2,5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6- 08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5945, § § 5, 7, 1-17-17; Ord. No. 5982, § 1, 6-20-2017; Ord. No. 6015, § 1(Exh. A), 11-21-17) Planning Commission August 13, 2018 Agenda Item 9 18-6283 Park Ozark Page 12 of 18 PARK OZARK LLC 26 June 2018 City of Fayetteville Park Ozark, LLC seeks to rezone the property described in this application from 1-2 and R -A to 1-1 (Heavy Commercial and Light industrial). This rezoning will not unreasonably or adversely affect or conflict with surrounding land uses. It is the primary zoning designation of the surrounding property. Rezoning the portion of the property from 1-2 to 1-1 will be a reduction in the potential impact of industrial use on the adjacent property. Rezoning from R -A to 1- 2 will make the property zoning use more consistent with the majority of the surrounding property. 1-1 is consistent with our planned use of the land. We do not intend to use the property in a manner consistent with either 1-2 or R -A. Sincerely, Bret Park President, Park Ozark, LLC. Planning Commission August 13, 2018 Agenda Item 9 18-6283 Park Ozark Page 13 of 18 .. +rn • r _ - a I- .-¢'pyo. :T 39 K.� SUBJECT PROPERTY yl `� PLJ P S ATION RQ I•Y'.A Er Rep ti �'}iI � '• I � 1II ff� .� .� vy y1. I AG, 43, 2018 150 75 0 150 Feet REZONE EXHIBIT 18-6283 8. 2A ?al 10 ark P4 of 18 Agenda Item 9 18-6283 Park Ozark Page 15 of 18 Agenda Item 9 18-6283 Park Ozark Page 16 of 18 Agenda Item 9 16-6263 Park Ozark Page 17 of 18 RZN 18-6283 Future Land Use Legend Park Ozark, LLC r Subject Property 0 w Fill', _ Planning Area 9 ' Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet ITI ■ FUTURE LAND USE 2030 i Natural Area Rural Area Industrial Planning C , mission 3, 2018 Agenda Item 9 18-6283 Park Ozark Page 18 of 18 RECEIVED OCT 0 4 2018 NORTHWEST ARKANSATYC `E 5 OFFICE vemocrat. 75.J5� l iH ;V?:.:r,(iCC:0'4 AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of - CITY OF FAYETTEVILLE Ord. 6086 Was inserted in the Regular Edition on: September 13, 2018 Publication Charges: $ 75.40 Cathy Wiles Subscribed and sworn to before me This 1 day of N , 2018. Notary Public My Commission Expires; 2,111 �zg **NOTE** Please do not pay from Affidavit. Invoice will be sent. TAMMY PUSHER Notary Public —Arkansas Washington County Commission ,t 12703120 %1v Ccmmissicn Expires Feb 12 2028 Ordinance: 6086 File Number: 2018-0452 RZN 18-6283 (SE OF PUMP STATION RD & CITY LAKE RD./PARK OZARK, LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6283 FOR APPROXIMATELY 2.89 ACRES LOCATED SOUTHEAST OF PUMP STATION ROAD AND CITY LAKE ROAD FROM R -A, RESIDENTIAL AGRICULTURAL AND 1-2, GENERAL INDUSTRIAL TO 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. Thal the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo fiom R -A, Residential Agricultural and I- 2, General Industrial to 1-1, Heavy Commcicial & Light Industrial. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City ol'Fayctlevillc to reflect the zoning change provided in Section 1. PASSED and APPROVED on 9/4/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E, Smith, City Clerk Treasurer 74669838 Sept. 13th 2018