HomeMy WebLinkAbout305-21 RESOLUTIONOF FAYETTE.
a m
4'PKA NS PS
113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Resolution: 305-21
File Number: 2021-0947
JOHNSON RE -ZONING APPROVAL:
A RESOLUTION PURSUANT TO ARKANSAS CODE ANNOTATED § 14-56-306(b)
AGREEING TO A CHANGE IN ZONING FROM A -I AGRICULTURAL TO H-C HIGHWAY
CORRIDOR AND L-I LIGHT INDUSTRIAL FOR PROPERTY LOCATED IN THE CITY OF
JOHNSON THAT ADJOINS THE CITY OF FAYETTEVILLE
WHEREAS, Ark. Code Ann. § 14-56-306(b) requires that when adjoining land within a boundary
area between two cities is sought to be rezoned, the city council of the city in which the adjoining
property is located must agree to any such rezoning; and
WHEREAS, the City Council of the City of Fayetteville has determined that the rezoning of Parcel
785-18155-140 from A -I Agricultural to H-C Highway Corridor as recommended by the Johnson
Planning Commission and approved by the Johnson City Council pursuant to Ordinance 2021-12,
attached hereto as Exhibit "2", will not adversely impact the adjoining land within the City of
Fayetteville; and
WHEREAS, the City Council of the City of Fayetteville has determined that the rezoning of Parcel
785-18155-143 from A -I Agricultural to H-C Highway Corridor and L-I Light Industrial as
recommended by the Johnson Planning Commission and approved by the Johnson City Council
pursuant to Ordinance 2021-13. attached hereto as Exhibit " 3", will not adversely impact the adjoining
land within the City of Fayetteville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the
rezonings of the above described parcels that have been conditionally approved by the City of
Page 1 Printed on 1218121
Resolution: 305-21
File Number 2021-0947
Johnson, as described in Exhibits "2" and " 3" and as shown on the map attached as Exhibit" I ", will
not adversely impact the adjoining land within the City of Fayetteville and further agrees to this
proposed change in zoning of the applicant's land.
PASSED and APPROVED on 12/7/2021
Attest:
Kara Paxton. City Clerk Treasurer
T R�i
N.
U:1-pytTTE�``Ll-r-
•L
i� y ••...• C, �-C
Page 2 Printed on 1218121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
�d (479) 575-8323
i �'roa'r
Text File
File Number: 2021-0947
Agenda Date: 12/7/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A.18
JOHNSON RE -ZONING APPROVAL:
A RESOLUTION PURSUANT TO ARKANSAS CODE ANNOTATED § 14-56-306(b) AGREEING TO
A CHANGE IN ZONING FROM A-1 AGRICULTURAL TO H-C HIGHWAY CORRIDOR AND L-I
LIGHT INDUSTRIAL FOR PROPERTY LOCATED IN THE CITY OF JOHNSON THAT ADJOINS
THE CITY OF FAYETTEVILLE
WHEREAS, Ark. Code Ann. § 14-56-306(b) requires that when adjoining land within a boundary area
between two cities is sought to be rezoned, the city council of the city in which the adjoining property is located
must agree to any such rezoning; and
WHEREAS, the City Council of the City of Fayetteville has determined that the rezoning of Parcel
785-18155-140 from A-1 Agricultural to H-C Highway Corridor as recommended by the Johnson Planning
Commission and approved by the Johnson City Council pursuant to Ordinance 2021-12, attached hereto as
Exhibit "2", will not adversely impact the adjoining land within the City of Fayetteville; and
WHEREAS, the City Council of the City of Fayetteville has determined that the rezoning of Parcel
785-18155-143 from A-1 Agricultural to H-C Highway Corridor and L-I Light Industrial as recommended by
the Johnson Planning Commission and approved by the Johnson City Council pursuant to Ordinance 2021-13,
attached hereto as Exhibit "3", will not adversely impact the adjoining land within the City of Fayetteville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby determines that the rezonings of
the above described parcels that have been conditionally approved by the City of Johnson, as described in
Exhibits "2" and "3" and as shown on the map attached as Exhibit "1", will not adversely impact the adjoining
land within the City of Fayetteville and further agrees to this proposed change in zoning of the applicant's land.
City of Fayetteville, Arkansas Pa9e 1 Printed on 121812021
x
S
Cr
CMdm DsMd).
naV entertainment by
al Use
V Cor►dor
40 u ds I acre
GRAPHIC SCALE
1>r�l
.rn-!mw
Indmtnal)
YYalY7 I xNr.urw.f:
I
I.a4W .uc «.'. • F I I wxuvn tnnw: (��
I;I I-i IP�E4 K/+CI Ii
I ?ice ' •
I
•I
r l9f.tU10. �.t
1
I
I
I
OhM
Parcel 785-1
5-143
Parcel 785-18155-140
_I,
I Ordirta�
-13
na 4 Or nce_2021-U .'
-
}No
n:
I
(Nlwa•a4vr+Nb i
1I t' +av
'a.,.
rTf: .. .f,n
w}
. >
I � yr. �n'.}'"'.
N•711111 w
4
�
'F. INiIA
_ -
k
N
G
I
I �1 •llEtytfl = — ivt:.»eE'.sa
cFrar.rtnes4 .Y ----
-
S4r1.w
W.,l,ff l�l
I
I tw..Wlrl 1.
Rf•R
.fw% MMRR«I
1
I
I W,L.-
X SRn4+-�Ir
MIIR Y-}YtY__ MMcaW41 lw�'nlvluwW
11H"G- I111; lu1 sItj-0K TN1'[-AW,A000RAW
',7-�,,
m Mw olr [� _ .. -..;-"
JORGENSEN :�' "`"""°['°" `'°'•
•n Ana?
oUTIONJDN4�ON MkkM1SAS
Tnwo
..._ . — L._..:—'. w ,-"-' �:���
�au..l.
+ASSOCIATES �
SIIFET 11RF1 LOT SPllf Y
•wownMrlrrr
—_
_— -
cM t•:ul ..ky • - r..Ap .+ r.
q�tYY1m,-e
Mrd1s.N gi!MI Wrt Y'M(� _
war W�1..1.11.:t: sa..aMc...:i Y'1
ORDINANCE NO.2021-12
CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS
AN ORDINANCE TO REZONE APPROXIMATELY 56.59 ACRES OF
REAL PROPERTY LOCATED AT S. BALL STREET WITHIN THE CITY
LIMITS OF JOHNSON, ARKANSAS FROM A-1 AGRICULTURAL TO H-
C HIGHWAY CORRIDOR.
WHEREAS, a Rezoning Application was filed with the City of Johnson by Mitchell
Massey on behalf of Johnson Mine, LLC to request the City to rezone approximately 56.59 acres
of real property located within the city limits of Johnson at S. Ball Street, Parcel No.: 785-18155-
140 as described in the attached Exhibit "A" from A-1 Agricultural to H-C Highway Corridor; and
WHEREAS, after due notice as required by law, the Johnson Planning Commission has,
at the time and place mentioned in the notice, heard all persons desiring to be heard on the question
and has ascertained that the rezoning requested should be approved and has recommended
approval to the Johnson City Council; and
WHEREAS, the Johnson City Council has determined that the rezoning complies with the
adopted plans of the City of Johnson which are in place to protect the health, safety and welfare of
the citizens of the City of Johnson.
NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Johnson, as
follows:
Section 1. The City of Johnson hereby changes the zone classification from A-1
Agricultural to H-C Highway Corridor for certain real property located within the Johnson city
limits at S. Ball Street, and as attached hereto as Exhibit "A".
Section 2. This ordinance shall have full force and effect from and after its passage. Any
ordinance or parts thereof in conflict with this ordinance is hereby repealed and declared invalid.
Section 3. The official zoning map of the City of Johnson, Arkansas is hereby amended to
reflect the zoning change provided in Section 1 hereof.
PASSED and APPROVED, this 2Lday of 2021.
APPROVED:
ATTEST:
Jenn' e 1 City CI Treasurer
Exhibit 2
ORDINANCE NO.2021-13
CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS
AN ORDINANCE TO REZONE APPROXIMATELY 27.07 ACRES OF
REAL PROPERTY LOCATED WITHIN THE MUNICIPAL LIMITS OF
THE CITY OF JOHNSON, ARKANSAS LOCATED GENERALLY" AT S.
BALL STREET FROM A-1 AGRICLiLTL'RAL TO L-I LIGHT
INDUSTRIAL AND H-C HIGHWAY CORRIDOR.
WHEREAS, a Rezoning Application was filed with the City of Johnson by Mitchell
Massey on behalf of Johnson Underground, LLC to request the City to rezone approximately 27.07
acres of real property located within the city limits of Johnson at S. Ball Street, Parcel No. 785-
18155-143, as described in the attached Exhibit *'A*' from A -I Agricultural to L-1 Light Industrial
(Tract 1) and H-C Highway Corridor (Tract 2); and
WHEREAS, after due notice as required by law, the Johnson Planning Commission has,
at the time and place mentioned in the notice, heard all persons desiring to be heard on the question
and has ascertained that the rezoning requested should be approved and has recommended
approval to the Johnson City Council; and
WHEREAS, the Johnson City Council has determined that the rezoning complies with the
adopted plans of the City of Johnson which are in place to protect the health, safety and welfare of
the citizens of the City of Johnson.
NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Johnson, as
follows:
Section 1. The City of Johnson hereby changes the zone classification from A-1
Agricultural to L-I Light Industrial (Tract 1) and H-C Highway Corridor (Tract 2) for certain real
property located within the Johnson city limits at S. Ball Street, and as attached hereto as Exhibit
"A" and attached maps.
Section 2. This ordinance shall have full force and effect from and after its passage. Any
ordinance or parts thereof in conflict with this ordinance is hereby repealed and declared invalid.
Section 3. The official zoning map of the City of Johnson. Arkansas is hereby amended to
reflect the zoning change provided in Section 1 hereof.
PASSED and APPROVED, this _day of �0"Vflp
2021.
ATTEST:
Jennifer it♦ Cl r -Treasurer
APPROVED:
7ne,., Ma
Exhibit 3
Legistar ID No.: 2021-0947
AGENDA REQUEST FORM
FOR: Council Meeting of December 7, 2021
FROM: Council Member Mark Kinion
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION PURSUANT TO ARKANSAS CODE ANNOTATED § 14-56-306(b)
AGREEING TO A CHANGE IN ZONING FROM A-1 AGRICULTURAL TO H-C
HIGHWAY CORRIDOR AND L-I LIGHT INDUSTRIAL FOR PROPERTY LOCATED IN
THE CITY OF JOHNSON THAT ADJOINS THE CITY OF FAYETTEVILLE
AGENDA:
City Council Member
Mark Kinion
Asst. City Attorney Blake Pennington
Approved as to form
II 74 Zozi
Date
II/z°I /wz�
Date
Pennington, Blake
From: Williams, Kit
Sent: Wednesday, November 24, 2021 4:13 PM
To: Kinion, Mark; Justin Jorgensen
Cc: Tom Terminella (tterminella@aol.com); Pennington, Blake
Subject: RE: Johnson Rezoning north of Van Asche
Mark,
We will prepare a resolution and an Agenda request form for you on Monday.
Happy Thanksgiving,
Kit
-----Original Message -----
From: Kinion, Mark
Sent: Wednesday, November 24, 2021 3:41 PM
To: Justin Jorgensen <justin@jorgensenassoc.com>; Williams, Kit <kwilliams@fayetteville-ar.gov>
Cc: Tom Terminella (tterminella@aol.com) <tterminella@aol.com>
Subject: Re: Johnson Rezoning north of Van Asche
Kit,
I would like to walk this on as requested by Mr. Jorgensen. Please advise.
Thanks,
Mark Kinion
> On Nov 23, 2021, at 1:38 PM, Justin Jorgensen <justin@jorgensenassoc.com> wrote:
> CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
> Hey Mark,
> I hope you are doing well. We have a client that has recently been approved by Johnson City Council to rezone roughly
55 acres north of Jupiter and because it abuts city of Fayetteville we are required to run it by staff and city council for
review and final approval. We have the ball rolling with Jonathan Curth and Blake Pennington but the best they can do
is get us on the December 21 city council meeting. My client is hoping to get it on the December 7th so I was checking
to see if you could help us walk it on to that council meeting? Jonathan Curth is aware with we were going to reach out
to you with this request and he did not have any issues. I have attached a Rezoning Exhibit as well as the approved
paper work from Johnson. I believe Tom Terminella is going to reach out to you to discuss.
> Thanks
> Justin L. Jorgensen, P.E.
> Project Manager
> [JA-logo-CMYK)
> 124 W Sunbridge Drive, Suite 5
> Fayetteville, AR 72703
> Office: 479.442.9127
> Fax: 479.582.4807
> www.jorgensenassoc.com<http://www.jorgensenassoc.com/>
1
RESOLUTION NO.
A RESOLUTION PURSUANT TO ARKANSAS CODE ANNOTATED § 14-56-306(b)
AGREEING TO A CHANGE IN ZONING FROM A-1 AGRICULTURAL TO H-C
HIGHWAY CORRIDOR AND L-I LIGHT INDUSTRIAL FOR PROPERTY LOCATED IN
THE CITY OF JOHNSON THAT ADJOINS THE CITY OF FAYETTEVILLE
WHEREAS, Ark. Code Ann. § 14-56-306(b) requires that when adjoining land within a
boundary area between two cities is sought to be rezoned, the city council of the city in which
the adjoining property is located must agree to any such rezoning; and
WHEREAS, the City Council of the City of Fayetteville has determined that the rezoning of
Parcel 785-18155-140 from A-1 Agricultural to H-C Highway Corridor as recommended by the
Johnson Planning Commission and approved by the Johnson City Council pursuant to Ordinance
2021-12, attached hereto as Exhibit "2", will not adversely impact the adjoining land within the
City of Fayetteville; and
WHEREAS, the City Council of the City of Fayetteville has determined that the rezoning of
Parcel 785-18155-143 from A-1 Agricultural to H-C Highway Corridor and L-I Light Industrial
as recommended by the Johnson Planning Commission and approved by the Johnson City
Council pursuant to Ordinance 2021-13, attached hereto as Exhibit "3", will not adversely
impact the adjoining land within the City of Fayetteville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the
rezonings of the above described parcels that have been conditionally approved by the City of
Johnson, as described in Exhibits "2" and "3" and as shown on the map attached as Exhibit "1",
will not adversely impact the adjoining land within the City of Fayetteville and further agrees to
this proposed change in zoning of the applicant's land.
PASSED and APPROVED this 7t' day of December, 2021.
APPROVED:
ATTEST:
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
9AM
IJ_I
7
—
r
y
z
F
tit
� �
t
s L J
1
Exhibit 1
ORDINANCE NO.2021-12
CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS
AN ORDINANCE TO REZONE APPROXIMATELY 56.59 ACRES OF
REAL PROPERTY LOCATED AT S. BALL STREET WITHIN THE CITY
LIMITS OF JOHNSON, ARKANSAS FROM A-1 AGRICULTURAL TO H-
C HIGHWAY CORRIDOR.
WHEREAS, a Rezoning Application was filed with the City of Johnson by Mitchell
Massey on behalf of Johnson Mine, LLC to request the City to rezone approximately 56.59 acres
of real property located within the city limits of Johnson at S. Ball Street, Parcel No.: 785-18155-
140 as described in the attached Exhibit "A" from A-1 Agricultural to H-C Highway Corridor; and
WHEREAS, after due notice as required by law, the Johnson Planning Commission has,
at the time and place mentioned in the notice, heard all persons desiring to be heard on the question
and has ascertained that the rezoning requested should be approved and has recommended
approval to the Johnson City Council; and
WHEREAS, the Johnson City Council has determined that the rezoning complies with the
adopted plans of the City of Johnson which are in place to protect the health, safety and welfare of
the citizens of the City of Johnson.
NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Johnson, as
follows:
Section 1. The City of Johnson hereby changes the zone classification from A-1
Agricultural to H-C Highway Corridor for certain real property located within the Johnson city
limits at S. Ball Street, and as attached hereto as Exhibit "A".
Section 2. This ordinance shall have full force and effect from and after its passage. Any
ordinance or parts thereof in conflict with this ordinance is hereby repealed and declared invalid.
Section 3. The official zoning map of the City of Johnson, Arkansas is hereby amended to
reflect the zoning change provided in Section 1 hereof.
PASSED and APPROVED, this day of 2021.
APPROVED:
ATTEST:
I I w4A bj-�
Je e 1 , City Cl Treasurer
Exhibit 2
EXHIBIT
LEGAL DESCRIPTION: (PARCEL #785-18155-140j.
The NW1/4 of the NW1/4, a part of the NE1/4 of the NW1/4, a part of the SE1/4 of the NW1/4 and a
part of the SW1/4 of the NW1/4 all in Section 27, T17N, R30W in Washington County, Arkansas, and
being described as follows: Beginning at the NW Corner of said NW1/4, NW1/4, said point being the
POINT OF BEGINNING, thence S87°29'44"E 1,791.40 feet, thence S02029'20"W 1,212.87 feet, thence
S02005'00"W 194.97 feet, thence N87°39'07"W 1,133.53 feet, thence N02024'36"E 92.18 feet, thence
N87°31'39"W 659.10 feet, thence NO2°29'17"E 1,319.11 feet to the POINT OF BEGINNING: Containing
56.59 acres more or less subject to easements and right of way of record.
OP-� Zozi�iz
ORDINANCE NO.2021-13
CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS
AN ORDINANCE TO REZONE APPROXIMATELY 27.07 ACRES OF
REAL PROPERTY LOCATED WITHIN THE MUNICIPAL LIMITS OF
THE CITY OF JOHNSON, ARKANSAS LOCATED GENERALLY AT S.
BALL STREET FROM A-1 AGRICULTURAL TO L-I LIGHT
INDUSTRIAL AND H-C HIGHWAY CORRIDOR.
WHEREAS, a Rezoning Application was filed with the City of Johnson by Mitchell
Massey on behalf of Johnson Underground, LLC to request the City to rezone approximately 27.07
acres of real property located within the city limits of Johnson at S. Ball Street, Parcel No. 785-
18155-143, as described in the attached Exhibit "A" from A-1 Agricultural to L-I Light Industrial
(Tract 1) and H-C Highway Corridor (Tract 2); and
WHEREAS, after due notice as required by law, the Johnson Planning Commission has,
at the time and place mentioned in the notice, heard all persons desiring to be heard on the question
and has ascertained that the rezoning requested should be approved and has recommended
approval to the Johnson City Council; and
WHEREAS, the Johnson City Council has determined that the rezoning complies with the
adopted plans of the City of Johnson which are in place to protect the health, safety and welfare of
the citizens of the City of Johnson.
NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Johnson, as
follows:
Section 1. The City of Johnson hereby changes the zone classification from A-1
Agricultural to L-I Light Industrial (Tract 1) and H-C Highway Corridor (Tract 2) for certain real
property located within the Johnson city limits at S. Ball Street, and as attached hereto as Exhibit
"A" and attached maps.
Section 2. This ordinance shall have full force and effect from and after its passage. Any
ordinance or parts thereof in conflict with this ordinance is hereby repealed and declared invalid.
Section 3. The official zoning map of the City of Johnson, Arkansas is hereby amended to
reflect the zoning change provided in Section 1 hereof.
PASSED and APPROVED, this day of 2021.
ATTEST:
Jennifer ity Cl r -Treasurer
Exhibit 3
EXHIBIT
Pf
LEGAL DESCRIPTION: (PARCEL #785-18155-143L
A part of the NE1/4 of the NW1/4 and a part of the SE1/4 of the NW1/4 of Section 27, T17N, R30W in
Washington County, Arkansas, and being described as follows: Beginning at the NE Corner of said NE1/4,
NW1/4, said point being the POINT OF BEGINNING, thence S02°35'23"W 1,405.53 feet, thence
N87039'07"W 580.27 feet, thence NO3°11'44"W 60.78 feet, thence N48°47'48"W 25.95 feet, thence
S86048'16"W 79.00 feet, thence S59°03'54"W 126.00 feet, thence N87°39'07"W 53.19 feet, thence
NO2°05'00"E 194.97 feet, thence NO2°29'20"E 1,212.87 feet, thence S87°29'44"E 847.35 feet to the
POINT OF BEGINNING: Containing 27.07 acres more or less subject to easements and right of way of
record.
LEGAL DESCRIPTION: (TRACT 1): (From Al Agricultural to LI Light Industrial)
A part of the NE1/4 of the NW1/4 of Section 27, T17N, R30W in Washington County, Arkansas, and
being described as follows: Beginning at the NE Corner of said NE1/4, NW1/4, said point being the
POINT OF BEGINNING, thence S02"3523"W 496.94 feet, thence S05°36'12"W 586.32 feet, thence
S02040'37"W 69.44 feet, thence S79024'01"W 459.97 feet, thence N02029'20"E 481.25 feet, thence
N87030'40"W 366.37 feet, thence NO2°29'20"E 774.98 feet, thence S87029'44"E 847.35 feet to the
POINT OF BEGINNING: Containing 19.49 acres more or less subject to easements and right of way of
record.
LEGAL DESCRIPTION: (TRACT 2): (From Al Agricultural to HC Highway Corridor)
A part of the NE1/4 of the NW1/4 and a part of the SE1/4 of the NW1/4 of Section 27, T17N, R30W in
Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said
NE1/4, NW1/4, thence S02°35'23"W 496.94 feet, thence S05°36'12"W 586.32 feet, thence S02°40'37"W
69.44 feet to the POINT OF BEGINNING, thence S02040'37"W 127.85 feet, thence S01°59'51"W 90.34
feet, thence along a curve to the right 37.01 feet, said curve having a radius of 75.00 feet and a chord
bearing and distance of S16008'01"W 36.63 feet, thence N87°39'07"W 541.50 feet, thence N03011'44"W
60.78 feet, thence N48047'48"W 25.95 feet, thence S86°48'16"W 79.00 feet, thence S59°03'54"W
126.00 feet, thence N87039'07"W 53.19 feet, thence NO2°05'00"E 194.97 feet, thence NO2°29'20"E
437.89 feet, thence S87030'40"E 366.37 feet, thence S02°29'20"W 481.25 feet, thence N79024'01"E
459.97 feet to the POINT OF BEGINNING: Containing 7.14 acres more or less subject to easements and
right of way of record.
r-3av
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 7, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
FROM: Jonathan Curth, Development Services Director
DATE: November 29, 2021
CITY COUNCIL MEMO
SUBJECT: Rezone (City of Johnson, CRM Capital Partners, LLC): Submitted by the City
of Johnson, Arkansas on behalf of CRM Capital Partners, LLC. for property west
of S. Ball Street, adjacent to the city limits of Fayetteville. The property is zoned A-
1, Agricultural, and L-I, Light Industrial, and contains approximately 83.66 acres.
The request is to rezone the properties to H-C, Highway Corridor Commercial, and
L-I, Light Industrial.
RECOMMENDATION:
Staff recommends that rezoning the subject property in the City of Johnson to HC, Highway
Corridor Commercial and LI, Light Industrial as shown in the attached Exhibits `A' and `B' will not
adversely impact the adjoining land uses in the City of Fayetteville.
BACKGROUND:
The subject property includes three parcels in the City of Johnson. The parcels are between Ball
and McGuire Streets to the east and west respectively. The Fayetteville city limits abut the
property's southern boundary. Prior to 2016, the property was largely open space, with a mixture
of cleared and vegetated land. Subsequently, increasing amounts of the property have been
disturbed, totaling approximately half of the overall property based on recent aerial imagery. The
property is surrounded by a mixture of uses, ranging from undeveloped land to trucking
establishments and a concrete supplier. Similarly, zoning designations vary widely, including for
both agricultural and mixed -uses in Johnson, and mixed -uses in Fayetteville.
Request: On November 18, 2021, the City of Johnson's City Council passed three ordinances to
rezone three parcels from A-1, Agricultural to HC, Highway Corridor Commercial and LI, Light
Industrial. Two of the parcels directly abut Fayetteville's city limits, totaling 83.66 acres. The
rezoning of these two parcels will not be officially enacted unless the Fayetteville City Council
adopts a resolution agreeing that the rezoning will not adversely impact the adjoining land uses
in Fayetteville. This resolution is pursuant to Arkansas Code Annotated §14-56.306(B).
Land Use Compatibility: Staff finds the proposed zoning to be compatible with the land uses
permitted on adjacent parcels within Fayetteville. Property within Fayetteville is undeveloped and
currently zoned C-3, Central Commercial. The purpose of the C-3 designation is to accommodate
a wide range of commercial activities in addition to multi -family residential housing. Permitted
uses include hotels, restaurants, offices, retail, gas stations, and small-scale manufacturing like
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
microbreweries and coffee roasters. In the same vein, Johnson's H-C, Highway Corridor zoning
district is comparable to C-3, with some additional allowances for townhomes and automotive
services. The proposed L-I, Light Industrial zoning designation, while more intense in its permitted
uses, will not directly abut the City of Fayetteville, being located further north and adjacent to
Americold Logistics' Zero Mountain underground storage facility. Within L-I, allowances for mini -
storage, warehousing, and manufacturing are added to the permitted retail, office, and vehicle
services found in H-C.
DISCUSSION:
On November 4, 2021, the Johnson Planning Commission forwarded the three associated
rezoning requests to the Johnson City Council with a recommendation of approval. Public
comment was heard with inquiries about future development plans and property access. A
member of the applicant's representation shared that the property is intended for development
within an overall 300 acre plan in both Johnson and Fayetteville. A further response advised that
the existing roads will be used to access the property.
Subsequently, on November 18, 2021, the Johnson City Council approved the three zoning
requests.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A, City of Johnson Ordinances:
0 2021-12, 56.59 Ac. From A-1 to H-C
0 2021-13, 27.07 Av. From A-1 to L-I and H-C
• Exhibit B, Survey and Legal Descriptions of Rezoning Area
• City of Johnson, AR Zoning District Regulations
• City of Johnson, AR Zoning Map
• City of Johnson, AR Draft November 4, 2021 Planning Commission meeting minutes
• Arkansas Code Annotated §14-56-306
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
ORDINANCE NO.2021-12
CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS
AN ORDINANCE TO REZONE APPROXIMATELY 56.59 ACRES OF
REAL PROPERTY LOCATED AT S. BALL STREET WITHIN THE CITY
LIMITS OF JOHNSON, ARKANSAS FROM A-1 AGRICULTURAL TO H-
C HIGHWAY CORRIDOR.
WHEREAS, a Rezoning Application was filed with the City of Johnson by Mitchell
Massey on behalf of Johnson Mine, LLC to request the City to rezone approximately 56.59 acres
of real property located within the city limits of Johnson at S. Ball Street, Parcel No.: 785-18155-
140 as described in the attached Exhibit "A" from A-1 Agricultural to H-C Highway Corridor; and
WHEREAS, after due notice as required by law, the Johnson Planning Commission has,
at the time and place mentioned in the notice, heard all persons desiring to be heard on the question
and has ascertained that the rezoning requested should be approved and has recommended
approval to the Johnson City Council; and
WHEREAS, the Johnson City Council has determined that the rezoning complies with the
adopted plans of the City of Johnson which are in place to protect the health, safety and welfare of
the citizens of the City of Johnson.
NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Johnson, as
follows:
Section 1. The City of Johnson hereby changes the zone classification from A-1
Agricultural to H-C Highway Corridor for certain real property located within the Johnson city
limits at S. Ball Street, and as attached hereto as Exhibit "A".
Section 2. This ordinance shall have full force and effect from and after its passage. Any
ordinance or parts thereof in conflict with this ordinance is hereby repealed and declared invalid.
Section 3. The official zoning map of the City of Johnson, Arkansas is hereby amended to
reflect the zoning change provided in Section 1 hereof.
PASSED and APPROVED, this 0'day of 2021. )�
APPROVED:
ATTEST:
CX
Jenn' e 1 , City Cl Treasurer
EXHIBIT
LEGAL DESCRIPTION: (PARCEL #785-18155-140j.
The NW1/4 of the NW1/4, a part of the NE1/4 of the NW1/4, a part of the SE1/4 of the NW1/4 and a
part of the SW1/4 of the NW1/4 all in Section 27, T17N, R30W in Washington County, Arkansas, and
being described as follows: Beginning at the NW Corner of said NW1/4, NW1/4, said point being the
POINT OF BEGINNING, thence S87°29'44"E 1,791.40 feet, thence S02029'20"W 1,212.87 feet, thence
S02005'00"W 194.97 feet, thence N87°39'07"W 1,133.53 feet, thence N02024'36"E 92.18 feet, thence
N87°31'39"W 659.10 feet, thence NO2°29'17"E 1,319.11 feet to the POINT OF BEGINNING: Containing
56.59 acres more or less subject to easements and right of way of record.
OP-� Zozi�iz
ORDINANCE NO.2021-13
CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS
AN ORDINANCE TO REZONE APPROXIMATELY 27.07 ACRES OF
REAL PROPERTY LOCATED WITHIN THE MUNICIPAL LIMITS OF
THE CITY OF JOHNSON, ARKANSAS LOCATED GENERALLY AT S.
BALL STREET FROM A-1 AGRICULTURAL TO L-I LIGHT
INDUSTRIAL AND H-C HIGHWAY CORRIDOR.
WHEREAS, a Rezoning Application was filed with the City of Johnson by Mitchell
Massey on behalf of Johnson Underground, LLC to request the City to rezone approximately 27.07
acres of real property located within the city limits of Johnson at S. Ball Street, Parcel No. 785-
1815 5 -143, as described in the attached Exhibit "A" from A-1 Agricultural to L-I Light Industrial
(Tract 1) and H-C Highway Corridor (Tract 2); and
WHEREAS, after due notice as required by law, the Johnson Planning Commission has,
at the time and place mentioned in the notice, heard all persons desiring to be heard on the question
and has ascertained that the rezoning requested should be approved and has recommended
approval to the Johnson City Council; and
WHEREAS, the Johnson City Council has determined that the rezoning complies with the
adopted plans of the City of Johnson which are in place to protect the health, safety and welfare of
the citizens of the City of Johnson.
NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Johnson, as
follows:
Section 1. The City of Johnson hereby changes the zone classification from A-1
Agricultural to L-I Light Industrial (Tract 1) and H-C Highway Corridor (Tract 2) for certain real
property located within the Johnson city limits at S. Ball Street, and as attached hereto as Exhibit
"A" and attached maps.
Section 2. This ordinance shall have full force and effect from and after its passage. Any
ordinance or parts thereof in conflict with this ordinance is hereby repealed and declared invalid.
Section 3. The official zoning map of the City of Johnson, Arkansas is hereby amended to
reflect the zoning change provided in Section 1 hereof.
PASSED and APPROVED, this day of "- r,-" 2021.
APPROVED:
is eney, Ma
ATTEST:
Jennifer ity Cl r -Treasurer
EXHIBIT
Pf
LEGAL DESCRIPTION: (PARCEL #785-18155-143L
A part of the NE1/4 of the NW1/4 and a part of the SE1/4 of the NW1/4 of Section 27, T17N, R30W in
Washington County, Arkansas, and being described as follows: Beginning at the NE Corner of said NE1/4,
NW1/4, said point being the POINT OF BEGINNING, thence S02°35'23"W 1,405.53 feet, thence
N87039'07"W 580.27 feet, thence NO3°11'44"W 60.78 feet, thence N48°47'48"W 25.95 feet, thence
S86048'16"W 79.00 feet, thence S59°03'54"W 126.00 feet, thence N87°39'07"W 53.19 feet, thence
NO2°05'00"E 194.97 feet, thence NO2°29'20"E 1,212.87 feet, thence S87°29'44"E 847.35 feet to the
POINT OF BEGINNING: Containing 27.07 acres more or less subject to easements and right of way of
record.
LEGAL DESCRIPTION: (TRACT 1): (From Al Agricultural to LI Light Industrial)
A part of the NE1/4 of the NW1/4 of Section 27, T17N, R30W in Washington County, Arkansas, and
being described as follows: Beginning at the NE Corner of said NE1/4, NW1/4, said point being the
POINT OF BEGINNING, thence S02"3523"W 496.94 feet, thence S05°36'12"W 586.32 feet, thence
S02040'37"W 69.44 feet, thence S79024'01"W 459.97 feet, thence N02029'20"E 481.25 feet, thence
N87030'40"W 366.37 feet, thence NO2°29'20"E 774.98 feet, thence S87029'44"E 847.35 feet to the
POINT OF BEGINNING: Containing 19.49 acres more or less subject to easements and right of way of
record.
LEGAL DESCRIPTION: (TRACT 2): (From Al Agricultural to HC Highway Corridor)
A part of the NE1/4 of the NW1/4 and a part of the SE1/4 of the NW1/4 of Section 27, T17N, R30W in
Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said
NE1/4, NW1/4, thence S02°35'23"W 496.94 feet, thence S05°36'12"W 586.32 feet, thence S02°40'37"W
69.44 feet to the POINT OF BEGINNING, thence S02040'37"W 127.85 feet, thence S01°59'51"W 90.34
feet, thence along a curve to the right 37.01 feet, said curve having a radius of 75.00 feet and a chord
bearing and distance of S16008'01"W 36.63 feet, thence N87°39'07"W 541.50 feet, thence N03011'44"W
60.78 feet, thence N48047'48"W 25.95 feet, thence S86°48'16"W 79.00 feet, thence S59°03'54"W
126.00 feet, thence N87039'07"W 53.19 feet, thence NO2°05'00"E 194.97 feet, thence NO2°29'20"E
437.89 feet, thence S87030'40"E 366.37 feet, thence S02°29'20"W 481.25 feet, thence N79024'01"E
459.97 feet to the POINT OF BEGINNING: Containing 7.14 acres more or less subject to easements and
right of way of record.
r-3av
I # 133HS
W
y
z
>
d
o
U
Q
N
N
Z
�
w
2
G
F
s y
-
o z
S
i
F Z h
OJ y
Z F n
w 2 p
soi m�a
d N on
m o
N�aXZ. £,ZOS
• ���III �I ¢�¢ -`z m m`ml IIII^ IIII Gu 0
iF I K ¢ O t- pIN IIII I� ul
a ao r1'o d -oQ�cv
O
O (n m
Z
s Z W w-
Z rn I' y 1 Illme �Q+
8 00a jm i Z
Z
I I o O
U �U) ---- ------ ----- J I� J' OQ'°
_ I�
o
o M
o _
•6296L ----- _ _ _ I 3xo�
Ong � z i II
o�z �
N N F7
h h = I olr .III
-
m 1
w n
� II II
Ic m I. III3 u
2I Illu�
to cl II
i wl. I San
Ip dl` o�
Ir IIII w$
W N III �
I. I' - - - I111 h e l f" z
T ICdi' m o m
g
1Ci�
m
n
c+
l l'fiO6L _
In '@ .LL'6LEL 3..LL.6Z,ZON - ---
Z 0C-)72 N O a
Z rn 2 S d
N U c coC� s�n
03a pow "z m s
J O U C N U O s z o
W= N O 0 >� y B o 8
Q'U 3 - x®•®�3
J L U
J O +`� ON3931
} 2 p
E. Classification of annexed lands All lands proposed for annexation shall be assigned zoning district
classification(s) that will become effective at the same time the annexation becomes final. The map
amendment procedures contained herein shall be followed in assigning said classification(s).
F. Vacation of public rights -of -ways Whenever any street, alley, or other public way is vacated or
abandoned by action of the City Council pursuant to law, the zoning district classification of the property
to which the vacated portions of land accrue shall become the classification of the vacated land.
14.04. 05 District Regulations
A. Agicultural, Open Space, and Residential Districts General description. There are eight (8)
residential -only districts designed to meet present and future housing needs, to protect the character of,
and property values in, residential areas; to encourage a suitable environment for family life; and to offer
choice in density and type of housing. Six (6) of the districts are for low -density single-family uses and
are intended to be defined and protected from the encroachment of uses not performing a function
necessary to the low density, residential environment. Three (3) of the districts are intended for medium -
density single or multi -family uses, and one (1) exists for multi -family residential uses.
1. Agricultural (&- The purpose of this district is to preserve and protect prime agricultural land
and prime open space property and to protect undeveloped areas from intensive uses until a use
pattern is approved. Examples include farmland; undeveloped land foreseen to be developed in
the future; land held for parks, forest, prairie, or non -human species conservation, floodway, and
land set aside for the primary purpose of passive or active human enjoyment.
2. Outdoor Recreational Commercial (ORC) - This district's main purpose is to allow for public
entertainment where tickets are either free or sold for the provided activity. The recreational
activities would utilize a site's natural features while also preserving the natural features of the
subject property. Examples would be horse riding lessons, golf courses, and recreational activities
centered around a body of water.
3. Residential Estates District (RE) - The purpose of this district is largely to accommodate single-
family residential development on low density, estate -type lots. This zone is intended to help
establish and preserve rural/estate character in certain areas of the city in cases where there are
steep slopes or perhaps a needed buffer from different land uses. This use also accommodates
agricultural land uses and can act as a "holding zone" for property. Maximum density of one unit
per 0.75 of an acre.
23
4. Residential Single -Family 2 District (]&SF2) - The purpose of this district is largely to accommodate
single-family residential uses on generously -sized residential lots at a density of 2 units per acre.
This zone is generally applied on the fringe of built-up areas of the city and may act as a buffer to
Residential Estates districts.
5. Residential Single -Family 4 District (IKSF4)-- The purpose of this district is characterized largely
by single-family residential development at a maximum density of 4 units per acre. As with other
residential zones, this district also serves as a buffer in providing for a step-down in intensity from
higher to lower density residential development.
6. Heritage District OW - Provides for larger lots in the downtown area where more historically -
unique homes are located. These lots may be compatible with the building of Mother -In-law
quarters and studio apartments in the rear of lots. Maximum density of 6 units per acre is allowed.
7. Residential 6 Provides for moderate -density residential development serving as a transition
between commercial and residential low -density land uses. Single -Family, duplexes, townhomes,
and lower density apartment buildings at the rate of 6 units per acre are allowed.
8. Residential 10 (]110) - Provides largely for moderate -density residential development serving as a
transition between commercial and residential low -density land uses. Single-family, duplexes,
townhomes, and lower density apartment buildings at the rate of 10 units per acre are allowed.
B. Mixed -Use and Light Industrial Districts General description Mixed -Use Districts are principally
intended to accommodate commercial, cultural, hotel, and entertainment uses together with residential land
uses in an approximate even percentage while providing pedestrian connections and elements of a live -
work -play environment. They maximize space usage, have amenities and architectural expression, and tend
to mitigate traffic and sprawl. Four (4) such districts are established herein to provide for the diversity of
uses and appropriate locations, required for the range of goods and services needed in Johnson.
1. Urban Neighborhood 1 MI) - This zoning category serves as a mixed -use area of low intensity
promoting a walkable, pedestrian -oriented neighborhood development form with sustainable and
complementary neighborhood businesses that are compatible in scale, aesthetics, and use with
surrounding land uses. Maximum density of 12 units per acre or less.
a. Urban Neighborhood 1— Commercial a&1-0 -This is a sub -category of UN1. A minimum
of 50% of the development's ground floor shall consist of non-residential use(s).
2. Urban Neighborhood 2 (Ul�T ,2) - This zoning category serves as a mixed -use area of medium
intensity promoting a walkable, pedestrian -oriented neighborhood development form with
sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics,
and use with surrounding land uses. This zoning category works well with Residential Mixed -SF
attached and detached. Maximum density of 18 units/acre.
24
a. Urban Neighborhood 2 — Commercial (UN2-C) - This is a sub -category of UN2. A minimum
of 50% of the development's ground floor shall consist of non-residential use(s).
3. Towncenter LTC) - The Town Center District is designed to accommodate the commercial and
related uses commonly found in central business districts or regional shopping centers which
provide a wide range of retail and personal service uses. Maximum density of 30 units/acre.
a. Towncenter — Commercial (TC-C) - This is a sub -category of TC. A minimum of 50% of the
development's ground floor shall consist of non-residential use(s).
4. Highway Corridor District (HC) - This commercial and multi -family residential district is designed
to accommodate commercial activities that draw business from, provide services to, and would
benefit from locations easily accessible to a highway or major street. This category encourages and
requires appropriate business development and redevelopment while encouraging efficient use of
small tracts, innovative and imaginative planning, and minimum waste of land. Commercial areas
are to be planned and developed so as to result in attractive, viable and safe centers and clusters.
Maximum density of 40 units/acre.
5. Light Industrial M - Provides for industrial uses in suitable and appropriate locations, taking into
consideration the land uses on adjacent or nearby properties, access to major streets, highways, air
or other means of transportation, and the availability of public utilities. The district shall be located
adjacent to and/or with direct access to thoroughfare roads or streets.
Principal uses include residential mini storage, manufacturing, warehousing, machine shops,
distribution of goods; and other uses that will not be detrimental to adjacent commercial or
residential properties by reason of, but not limited to, excessive noise, dust, odor, smoke, vibrations,
fumes or glare.
All assembly and/or manufacturing should be primarily confined within the building. All outdoor
storage shall be screened from public view by opaque fencing, screening, or landscaping, limited
to rear and side of the principal building, and must be on the premises of the business; no adverse
impacts such as noise, groundwater or air pollution, or vibrations shall be created by the proposed
use beyond the lot boundaries of the use (examples of Light Industrial uses include the following:
bakeries for production of baked goods to be sold off -premises, commercial greenhouses, ice and
cold storage plants, monument cutting and engraving, and product development and testing.
25
B. Uses permitted Uses permitted in these districts are set forth in the following table. Where the
letter "P" appears opposite a listed use and underneath a district, the use is permitted in that district "by
right" subject to: (1) providing off-street parking and loading facilities as required by Section 153-101;
(2) providing landscaping and screening as provided by Section 153-103 and/or within any applicable
Overlay District; and (3), conformance with special conditions applying to certain uses as set forth in
Division 8.
Where the letter "C" appears instead of "P", the use is permitted subject to acquiring a Conditional Use
Permit as set forth in Sections 153-061 through 153-064. Where neither "P" nor "C" appears similarly
within the table, the use is not allowed.
TABLE 1
ZONING DISTRICT
LAND USES
Accessory uses: permitted subject to provisions of 14.04.07.
AGRICULTURAL USES
LAND USES
A
ORC
RE
RSF
RSF
RSF
Herit
R6
R10
UN1
UN2
TC
HC
LI
1
2
4
-age
&
&
&
UM-C
UN2-C
TC-C
Agricultural,
P
P
animal
Agriculture,
P
P
P
P
P
P
P
P
P
P
P
P
P
P
crop
Agriculture,
P
P
P
P
P
P
P
P
farmers market
Agriculture,
P
P
P
C
C
C
C
C
C
P
P
P
P
P
product
sales
Fowl
P
P
P
P
P
P
P
P
P
P
P
26
RESIDENTIAL USES
LAND USES
A
ORC
RE
RSF
RSF
RSF
Herit
R6
R10
UNI
UN2
TC
HC
LI
1
2
4
-age
&
&
&
UN1-C
UN2-C
TC-C
Accessory
P
P
P
P
P
P
P
P
P
P
P
P
dwelling unit
Multi -family:
P
P
P
P
P
Duplex,
triplex, 4-plex
Emergency
C
C
C
C
C
C
C
C
C
Housing Unit
Group
P
C
P
P
P
P
P
residential
Loft apartment
P
P
P
(commercial
use)
Manuf.
P
P
P
C
C
C
housing,
residential
design
Manufactured
P
P
P
C
C
C
housing unit
Manufactured
housing park
Multi -family:
P
P
P
P
P
P
5 or more units
Single-family
P
P
P
P
P
P
P
P
P
P
P
P
detached
Townhome
P
P
P
P
P
P
P
27
CIVIC AND COMMERCIAL USES
LAND USES
A
ORC
RE
RSF
RSF
RSF
Herit
R6
R10
UNI
UN2
TC
HC
LI
1
2
4
-age
&
&
&
Urn-C
UN2-C
TC-C
Airport or
C
C
P
airstrip
Animal care,
C
C
C
C
C
P
general
Animal care,
C
C
P
P
P
P
P
limited
Auditorium or
C
P
P
stadium
Automated
P
P
P
P
P
P
P
teller machine
Bank or
P
P
P
P
financial
institution
Bed and
C
C
C
C
C
P
P
P
breakfast
Car wash
C
P
P
P
Cemetery
C
C
P
P
P
P
P
P
P
P
P
P
P
P
Church
C
C
C
C
C
C
C
C
P
P
P
P
P
College or
C
C
C
P
P
university
Communicatio
C
C
C
C
C
C
C
C
C
C
C
C
C
P
n tower
Construction
C
C
C
P
P
sales and
service
Convenience
P
P
P
P
P
store
Day care,
C
C
C
C
C
C
C
C
P
P
limited (family
home)
Day care,
C
C
C
C
P
P
general
Entertainment,
C
C
C
adult
Funeral home
C
P
�?
LAND USES
A
ORC
RE
RSF
1
RSF
2
RSF
4
Herit
-age
R6
R10
UN1
&
UN1-C
UN2
&
UN2-C
TC
&
TC-C
HC
LI
Golf Course &
Ancillary Uses
C
P
C
C
C
C
C
C
C
C
C
C
C
Government
service
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Hospital
C
C
P
P
P
Hotel or motel
C
C
P
P
P
Library
P
P
P
P
P
P
P
P
P
P
P
Medical
service/office
P
P
P
P
Museum
C
C
C
C
C
C
C
C
P
P
P
P
Nursing home
C
C
P
P
P
P
C
Office, general
P
P
P
P
C
Parking lot,
commercial
C
C
P
P
P
Parks, public
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Pawn shops
P
P
Post office
P
P
P
P
P
Recreation/ent
ertainment,
indoor
C
C
P
P
P
Recreation/
entertainment,
outdoor
C
C
C
C
C
C
C
C
Recreational
vehicle park
C
C
C
C
Restaurant,
fast-food
C
C
P
P
Restaurant,
general
P
P
P
P
Retail/service
P
P
P
P
P
Retail/service,
high impact
P
P
C
Safety services
C
C
C
C
C
C
C
C
P
P
P
P
P
School,
elementary/mi
ddle & high
P
P
P
P
P
P
P
C
C
P
P
P
Service station
C
P
P
P
Utility, major
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Utility, minor
P
P
P
P
P
P
P
P
P
P
P
P
P
P
29
LAND USES
A
ORC
RE
RSF
RSF
RSF
Herit
R6
R10
UN1
UN2
TC
HC
LI
1
2
4
-age
&
&
&
UN1-C
UN2-C
TC-C
Vehicle and
C
P
P
equipment
sales
Vehicle repair,
C
C
C
P
P
general
Vehicle repair,
C
C
C
P
P
paint and body
Vocation
C
C
P
P
P
school
MANUFACTURING, WAREHOUSING, AND EXTRACTIVE USES
LAND USES
A
ORC
RE
RSF
RSF
RSF
Herit
R6
R10
UN1
UN2
TC
HC
LI
1
2
4
-age
&
&
&
UN1-C
UN2-C
TC-C
Asphalt or
C
concrete plant
Auto wrecking
C
or salvage yard
Freight
C
terminal
Manufacturing
C
C
P
Mining or
C
quarrying
Research
P
P
P
services
Residential
P
P
(mini) storage
Sod farm
C
Topsoil farm
C
Warehousing
C
C
P
Welding or
C
P
machine shop
30
C. Zoning District Regulations Except as otherwise provided herein, no lot or setback shall be
established or reduced in dimension or area in any residential district that does not meet the minimum
requirements in the District Standards Charts (Appendix A and B); nor shall any building or structure be
erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be
exceeded for such district as set forth in said table.
1. Size Reduced for Public Purpose When an existing lot is reduced because of conveyance to a
federal, state, or local government for a public purpose, and the remaining area is at least seventy-
five percent (75%) of the required minimum lot size for the district in which it is located, then
that remaining lot shall be deemed to comply with minimum lot size requirements.
2. Utility Exemption Utility facilities, using land or an unoccupied building requiring less than one
thousand (1,000) square feet of site area, are exempt from minimum lot size requirements of all
districts.
3. Existing Non -Conforming Lots Minimum lot size requirements shall not be interpreted as
prohibiting the construction of a single-family residential dwelling unit on a lot that was legally
platted and recorded before the adoption of these regulations. For lots that are rendered non-
conforming, the necessity of obtaining a variance from such created non -conformity shall not be
required as a condition of issuance of a building permit, provided all setback and other requirements
of this ordinance can be met.
4. Setback reduced for public purpose when an existing setback is reduced because of conveyance
ti id,a•federall state or local government for a public purpose, and the remaining4setback is at least
seventy -five. -percent (75%)of the required minimum setback forttheidistrict-in which it is located,
0
then �thateremammgr setback shall be deemed to satisfy minimum setback requirements.
+f. h -- 1 4 f
4 , i !., 1 M a ? . / V. P
11
7. Setback Avera a When a majority of the lots have existing principal structures on them and the
street;setbackst of said principal structuresrareion lots within the same blockiwith the same zoning
classification and fronting on the" same side - of the street and are less than the required street
setback; applicants shall be allowed to use the "average" street setback on that block. In such
cases the "average setback" shall be the mean (average) setback of all developed lots on the same
side of the street within the same block as the subject property and with the same zoning
classifications, and in no case shall more than six (6) lots on either side.of the subject property be
included in the calculation.
8. Setback Increases See Appendices A & B District Standards charts for setbacks for multiple
story structures.
31
9. Building Footprint Maximum Exemption for Public Purpose Building footprints for federal,
state, or local governments (and any subdivisions thereof, including public school districts) are
exempt from building footprint square footage maximums within this code.
10. Attached Single Family Residential Attached Single family uses shall be exempt from interior
side setback requirements, provided that end units within a single-family attached development
shall comply with applicable side setback requirements. View Appendix A and Appendix B for
front and rear setback requirements based on zoning categories.
11. Zero Lot Line (For Residential Zoning, Agricultural, and Outdoor Commercial Agricultural
Zoning Districts Only) In zero lot line developments , dwelling units may be placed on or near
one interior side lot line, and therefore be exempt from that interior side setback requirement.
Zero lot line setbacks may not be used on street side lot lines or on interior side lot lines adjacent
to lots that are not part of the zero lot line development. Zero lot line houses shall be subject to
applicable fire codes and the following additional standards. -
a) The minimum distance between all buildings in the development must be equal to twice the
required side setback required by the underlying zoning district.
b) An easement to allow for maintenance or repair is required when the eaves or sidewall of a
house are within four (4) feet of the adjacent property line. The easement on the adjacent
property must provide at least five (5) feet of unobstructed space between the farthermost
projection of the structure, and be wide enough to allow five (5) feet between the eaves or side
wall and the outermost parallel edge of the easement. Said easement shall be properly filed and
proof of filing be submitted to City Staff.
c) If the sidewall of the house is on the property line, or within three (3) feet of the property line,
windows or other openings that allow for visibility into the side yard of the adjacent lot are not
allowed. Windows that do not allow visibility into the side yard of the adjacent lot such as a
clerestory window or a translucent window are allowed.
f • 3 .� Y t i i '
12. Maximum height limitation is three (3) stories.: in A, ORC, RE; RSF I "RSF2,- RSF4, Heritage, and
Light Industrial zones. The maximum height limitation is four (4) stories in R6, R10, and UNI.
Five (5),maximum, stories are. allowed in UN2 and there are 'no maximum story number in TC and
HC. Chimneys, smokestacks, ventilators, cooling and -water towers, bulkheads, grain elevators
and silos, utility and flagpoles, belfries, spires and steeples, and monuments and ornamental
towers, may be erected to any height not in conflict with other city ordinances or federal
regulations. Communication towers are exempt only to the extent authorized through conditional
use approval.
13. Minimum lot widths for cul-de-sac lots -may be reduced to sixty (60) percent of the required lot
width at the street -right-of-way so long as the required lot width from the table is met at the front
building setback line.
32
14. Architectural Features Certain architectural features may project into required setbacks as follows:
a) Cornices, canopies, or other architectural features, may project a distance not to exceed thirty
(30) inches. Final determination of allowed architectural features to be determined by the
City Building Official.
D. Overlay and Special Purpose Districts. The purpose of overlay and special-purpose districts is to
provide for enhanced standards to protect and enhance the unique characteristics of specific areas and/or
corridors, such as natural scenic beauty or manmade features, while providing for development
opportunities. Examples of such purposes include: promoting the safe and efficient use of specific roadways
by controlling access and other traffic measures; encouraging the redevelopment of an area consistent with
a particular design theme; giving special attention to landscaping, buffering, signage, lighting and building
setbacks in those districts identified as needing special attention; giving special attention to the existing
architectural style or to the style which is planned, so as to create an easily identifiable area in those areas
identified as architecturally or historically significant.
The City Council, upon recommendation from the Planning Commission, may adopt overlay and special
purpose districts as the needs are identified in order to implement specific purposes, intents, and design
standards generally consistent with the Future Land Use Map and City of Johnson Plan for Future Land
Use and Development's provisions for the area being regulated, which shall be applied as additional
standards to other city regulations. The development criteria for each district shall be those standards as
set out in each respective district that is adopted. Such districts shall be made a part of the zoning
regulations through the standard amendment procedures; and upon adoption, the boundaries of such
districts shall be delineated on the official zoning map.
E. Design Overlay District; (Highway and Street Corridors)
*This Section Reserved.
F. Planned Unit Development (PUD) District See Ordinance No. 2007-10 & 2016-26 ordinances
adopting guidelines and standards for Planned Unit Developments, within the city of Johnson, Arkansas,
and, other matters related thereto and declaring an emergency to exist. (Ord. No. 2007-10 & 2016-26J
i4iisZ k
Y [
14.04.06 Conditional Uses
rt;
b%f k
A. ' Nature and Description Certain uses may or may not be appropriately located within various
districts due to their unusual or unique characteristics of operation and external effects. Given their unusual
character, analysis and judgment of the consequences of each development and use must be given so as to
provide for such reasonable conditions and protective restrictions as are deemed necessary to protect the
character and integrity of the area in which uses are proposed to be located. Such uses are listed under the
various districts herein as "conditional uses," and may he located in the district or districts so designated
only in accordance with the procedure described herein.
33
PLANNING COMMISSION MEETING
CITY OF JOHNSON, AR
NOVEMBER 04, 2021
PLANNING COMMISSION PUBLIC HEARING
Present: Commissioners Dan Cross, Todd Wood, Richard Cromwell, Katherine Hud-
son, and Shane Bronson. Also, Clay Wilson — City of Johnson Building Official, James
Geurtz — City of Johnson Engineer, Tom Terminella, Justin Jorgensen, Paul Boatright,
Bob Dickard, Tom Doty, Ward Davis, Carol Florida, Mitchell Massey, Tim McMahon,
Gavin Smith, Jonathan Brown, and four additional guest were in attendance
Planning Commission Public Hearing was called to order at 6:OOPM by Chairman Dan
Cross.
Chairman Dan Cross amended the agenda to remove Petition 2021-29 due to a clerical
error. Petition 2021-29 will be moved to December 2021 agenda.
Comments from the Public were requested regarding the following:
Petition 2021-34: Requesting REZONING FROM Al TO HC of property located at
6720 McGuire. Requested by Jorgensen & Associates for CRM Capital Partners, LLC,
owner.
Petition 2021-35: Requesting REZONING FROM Al TO HC of property located at
6720 McGuire. Requested by Jorgensen & Associates for CRM Capital Partners, LLC,
owner.
Petition 2021-36: Requesting REZONING FROM Al TO LI & HC of property located at
6720 McGuire. Requested by Jorgensen & Associates for CRM Capital Partners, LLC,
owner.
Tom Doty queried the downstream use after rezoning.
Justin Jorgensen, Civil Engineer on the project, used visuals to explain the development
plans, requests for rezoning, and phases of development.
Paul Boatright questioned the need for a helipad to which Justin Jorgensen stated the
current plans are not concrete, but the desire is to provide safe access for individuals to
fly in to use the trail ways which would be interconnected within this project.
Mr. Boatright went on to question if this development will be an "upscale" outdoors
facility. Tom Terminella clarified that the development is part of 300 acres on shared land
with the City of Fayetteville which the City of Johnson has an interconnected
municipality agreement. The development on the Fayetteville side will be more
extensive than that in Johnson. The plan is based on a global view and future utilization
of almost all of the land. Paul Boatright went on to state he has several more questions
for his personal knowledge to which Mr. Terminella stated he will provide him his
personal contact information to continue the dialogue and answer any further questions
he may have.
PLANNING COMMISSION MEETING
CITY OF JOHNSON, AR
NOVEMBER 04, 2021
Mr. Boatright went on to question how the contractors will enter and exit during
development. Mr. Jorgensen stated that initially the current roads will be used, with
plans to add additional exits.
No additional comments were made by the public or participating Commissioners.
Planning Commission Public Hearing was closed by Chairman Dan Cross at 6:18 PM.
PLANNING COMMISSION MEETING
Planning Commission Meeting was called to order at 6:18 P.M. by Chairman Dan Cross.
PLANNING COMMISSION MEETING
Planning Commission Meeting was called to order at 6:18 P.M. by Chairman Dan Cross.
Present: Commissioners Dan Cross, Todd Wood, Richard Cromwell, Katherine Hud-
son, and Shane Bronson. Also, Clay Wilson — City of Johnson Building Official, James
Geurtz — City of Johnson Engineer, Tom Terminella, Justin Jorgensen, Paul Boatright,
Bob Dickard, Tom Doty, Ward Davis, Carol Florida, Mitchell Massey, Tim McMahon,
Gavin Smith, Jonathan Brown, and four additional guest were in attendance
A motion to approve the October 07, 2021, Planning Commission Minutes was made by
Commissioner Shane Bronson and seconded by Commissioner Richard Cromwell. All
approved.
Old Business:
0[9701:4
New Business:
Petition 2021-15: Requesting an AMMENDMENT TO THE JOHNSON SQUARE P.U.D.
to address signage and lighting for property located at Johnson Mill Boulevard and Main
Drive known as Johnson Square. Requested by Jason Bailey, representation of
Johnson Square Holdings. LLC, owner.
Ward Davis discussed the improvements to the sign ordinance made by the
City of Johnson, the past and future development of the Johnson Square, and the
desire for existing business signage, current requests, future development, and
changes requested in the Johnson Square Planned Unit Development (P.U.D.)
Amendment provided to Commissioners.
Commissioner Katherine Hudson made a motion to accept Petition 2021-15:
Requesting an AMMENDMENT TO THE JOHNSON SQUARE P.U.D. to address
signage and lighting for property located at Johnson Mill Boulevard and Main Drive
PLANNING COMMISSION MEETING
CITY OF JOHNSON, AR
NOVEMBER 04, 2021
known as Johnson Square, as is. The motion was seconded by Todd Wood. All
Approved.
The Master Street Plan Update was placed up for discussion. James Geurtz discussed
the need for updates to the master street plan and comparison to adjoining cities. After
the Commissioners review, the plans will be brought before the Commission for
approval.
The Entertainment District was placed up for discussion. Chairman Dan Cross stated
the City of Johnson has completed the administration work necessary to allow for the
entertainment district.
Commissioner Shane Bronson queried if the current Entertainment District is in distinct
areas or a path to entertainment areas, and if the current process be streamlined for
future requests. Chairman Dan Cross stated the current Entertainment District includes
two distinct areas, the Johnson Square and Bayyari Business District. He went on to
state that future developments are not at a point of review and will have to go through
the application process when they are complete.
Tim McMahon and Gavin Smith came before the Commission with an interest in
property located on the corner of Wilkerson and 1 St Street. Mr. Smith reviewed the plan
for development stating Mr. McMahon being under a contract that ends December 04,
2021. The desire is for the Commission to vote that upon return, the development and
variance requests would be approved.
Carol Florida, a resident in the proposed development area, queried how far the
development would extend on the North side. Mr. Smith used visuals to discuss the
development plan to include sidewalks and drainage. Ms. Florida stated she likes the
idea of a local developer being near to manage the project, but she is not too crazy
about only part of the road being a two-way with fears of bottle necking traffic.
John Brown, City of Johnson Fire Marshal, voiced some concern about the existing
issues with 1st and 2nd Street and stated the Fire Trucks need at least 20' wide roads to
maneuver in case of emergency. Mr. Smith stated the current road is 16' and the
developer has plans to widen it to 20'.
Chairman Dan Cross echoed the concerns about street width and clarified that the City
of Johnson does not have the funds to widen the streets nor will it for several years. He
went on to state that changes in the street plan would have to be brought before City
Council, therefore the Planning Commission could not ensure a vote to allow what is
being asked of the Commission at this time.
Mr. Smith went on to state that he would like a minimum of a vote to reassure of future
variance requests to eliminate an entrance to the property off of Wilkerson Street.
Commissioner Shane Bronson stated that he likes the type of development proposed
for the area and that although the City does not currently have funds to widen street, he
PLANNING COMMISSION MEETING
CITY OF JOHNSON, AR
NOVEMBER 04, 2021
is optimistic that it may in 10+ years
Ms. Florida reiterated her concern for traffic issues especially as the City continues to
grow and adds future developments.
Commissioner Todd Wood stated he also likes the idea of the development, but has
some concerns about safety. He believes there could be a solution to the issues, but is
weary to vote on the issue without a solid solution which would only lead to an
overturned vote in the future.
Commissioner Richard Cromwell echoed the statements of his fellow Commissioners.
James Geurtz stated many cities have similar streets with changing directions, but mid -
block traffic lane changes are very rare. Main issue is the mid -block traffic change which
will lead to an increase in traffic tickets, accidents, etc. The current street does not have
appropriate drainage ditches, but has the potential for drainage pipes to be placed to
eliminate drainage issues. He went on to state that a vote would entail an amendment
to the Master Street Plan to include public notification, which the Constituents are not
prepared, as well as multiple unknown factors at this time.
A discussion ensued about dates and basic requirements to include an exhibit for street
with all dimensions listed and public notifications which would have to be submitted by
November 8, 2021, at 12:00 P.M., to which Mr. Smith agreed to comply. It was stated
that no vote would be had at this time. No objections to the development were heard by
the residents present.
Petition 2021-29 was moved to December 2021 agenda.
Petition 2021-34: Requesting REZONING FROM Al TO HC of property located at
6720 McGuire. Requested by Jorgensen & Associates for CRM Capital Partners, LLC,
owner.
A motion was made by Katherine Hudson to approve Petition 2021-34: Requesting
REZONING FROM Al TO HC of property located at 6720 McGuire, as is. The motion
was seconded by Shane Bronson. All approved.
Petition 2021-35: Requesting REZONING FROM Al TO HC of property located at
6720 McGuire. Requested by Jorgensen & Associates for CRM Capital Partners, LLC,
owner.
A motion was made by Todd Wood to approve Petition 2021-35: Requesting
REZONING FROM Al TO HC of property located at 6720 McGuire, as is. The motion
was seconded by Katherine Hudson. All approved.
Petition 2021-36: Requesting REZONING FROM Al TO LI & HC of property located at
6720 McGuire. Requested by Jorgensen & Associates for CRM Capital Partners, LLC,
owner.
PLANNING COMMISSION MEETING
CITY OF JOHNSON, AR
NOVEMBER 04, 2021
A motion was made by Todd Wood to approve Petition 2021-36: Requesting
REZONING FROM Al TO L1 & HC of property located at 6720 McGuire, as is. The
motion was seconded by Katherine Hudson. All approved.
No Additional New Business.
MOTION TO ADJOURN PLANNING COMMISSION MEETING:
Motion to Adjourn Planning Commission meeting was made by Commissioner Richard
Cromwell and seconded by Commissioner Todd Wood. All approved. Meeting
adjourned at 7:20 P.M.
14-56-306. Land use in adjacent and contiguous cities to be
compatible — Definitions.
(a) If municipalities become adjacent and contiguous to one another through annexation or other
procedures, then lands or properties within the boundary area of each municipality shall be zoned only
for land uses which are compatible with the zoned land uses of the adjoining lands or properties, even
if the adjoining lands or properties are located outside the corporate limits or are located within the
corporate limits of another municipality.
(b) Adjoining lands within the boundary area shall remain zoned with a compatible land use until the
governing body of each municipality which is adjacent and contiguous to the boundary area adopts a
resolution agreeing to a change in the zoning of the lands or properties that adjoin one another and
stating that the rezoning to a land use which is not compatible will not adversely impact the adjoined
land or property.
(c) As used in this section, unless the context otherwise requires:
(1) "Adjacent and contiguous" means any time the corporate limits of one municipality come in contact
with the boundaries of the corporate limits of another municipality, or if the boundaries of one
municipality extend to within one thousand feet (1000') of the corporate limits of another
municipality;
(2) 'Boundary area" means the area of land along the municipal boundary that is:
(A) Inside the municipality and within one thousand feet (1000') of the municipality's corporate
boundary that is adjacent and contiguous to another municipality; and
(B) Outside the municipality, but within the planning and zoning jurisdiction of the municipality and
also within one thousand feet (1000') of the municipality's corporate boundary that is adjacent and
contiguous to another municipality;
(3)
(A) "Compatible land use" means any use of lands, buildings, and structures which is harmonious to
the uses and activities being conducted on the adjoining lands and properties and which does not
adversely affect or unreasonably impact any use or enjoyment of the adjoined land.
(B) A compatible land use includes a land use authorized by the municipal zoning ordinance for the
zone that is the equivalent to, or that is as nearly equivalent as possible to, a land use authorized by
the municipal zoning ordinance; and
(4) "Municipality" means:
(A) A city of the first class;
(B) A city of the second class; or
(C) An incorporated town.
(d) This section shall apply to municipalities with planning commissions and zoning ordinances
authorized under §§ 14-56-401 — 14-56-425 and shall apply to any other municipal zoning
regulations authorized by Arkansas law.
(e) Notwithstanding anything contained in subsections (a)-(d) of this section, this section shall not
apply to any property if the owners of the property have sought to have services extended to the
property pursuant to § 14-40-2002 prior to March 30, 2001.
Johnson, AR Ball St. Rezone A&
One Mile View NORTH
0 0.3 0.6 1.2 Miles
OHNSO 0 0
A co
CIO a�
I O y
MAIN DR I
.,
I 1
y L ~ 2
W 111" ' "-- -c-z MON
RMF-12� 1 RD
I l
Subject Property
JOYCE
BLVD_ j �Q O
+ J = 0
lilt
I 'W N
� I /
— — — — - ��1 I J W
�- - - - — - - - W W W
W Q
' I C-1 �> —
r VAN'ASCHE DRY VAN -� +
\ VAN ASCHE DR �_ AS
SA+IINJ
ZO, RSF-8 • N Q 1 Sal
-r W 1 N O I >
RPZD
O
�I 9
49 4RO
/Afq
v
DRAKE ST DRAKEIST I
RMF-24 RSF-4
_/M $ a
(
NS-C / )
Zoning � 2 Gene�ai �nfiar��a�
Regional Link _
� - RESIDENTIAL SINGLE-FAMILY EXTRACTION
i
Neighborhood Link r---- SNAG =E-1
COMMERCIAL
Institutional Master Plan RI-f2 a_
NIL � NIL — CaI
Regional Link - High Activity - �Reaieanual-Agnwlwml WEC-2
RSF-.5 f♦ C3
Freeway/Expressway _ RSF-t FORM BASED DISTRICTS
7 I Planned Neighborhood Link - RSF-a Downtown core
Ur aoughf
1 I Planned Residential Link RSF-� Mainsveet Center
RSF-fi Davmtovm Generel
— Shared -Use Paved Trail RSF-1fi �Ca.—ty Services
RESIDENTIAL MULTI -FAMILY Naighbabooe -,,-
Trail (Proposed) Q f♦ -1 M Naighbabo ......aoan
- - W RmF-1z PLANNED ZONING DISTRICTS
Design Overlay District _ _ _ _ _ - - - - - 1 amF-1s
Gmm .1 maa aviai aeameno -RmF-24 o
— j Fayetteville City Limits - - i Planning Area - = - , _ _� -RMF-ag INSTITUTIONAL
P-1
— +Planning Area INDUSTRIAL HRIAL
Fayetteville City Limits _ _ _ � eavyCanmemialend Light hUuaVial
Johnson, AR
Ball St. Rezone
Close Up View
co
J
m
SHULER
DR
Subject Property
w
0
U
Ms
1
1
!
W
Q
J
C-3
W
O`
JUPI'VER
t
�
1
�
I
1
C-2
i
S
—----VANIASCHE DR
—"------__'(WASCHE
NORTH
DR
Regional Link
Hillside -Hilltop Overlay District
Residential
-Agricultural
_-`
Planning Area
--
C-2
L — Fayetteville City Limits
Feet
C-3
— — — Shared -Use Paved Trail
0
145 290 580 870 1,160
— — —Trail (Proposed)
1 inch = 400 feet
Design Overlay District
Johnson, AR Ball St. Rezone A&
Current Land Use NORTH
Undeveloped
Concrete Plant
IL
10
y,
)Subject Property � _ �• •
vti_ 9n
g Y
Undeveloped
' Concrete Plant
s
---®.. VAN 1AS C __------ HE DR_VIWASCHE DR
Regional Link FEMA Flood Hazard Data
Freeway/Expressway
100-Year Floodplain
Trail (Proposed)
Feet Floodway
Planning Area
0 180 360 720 1,080 1,440
Fayetteville City Limits
— — 1 inch = 500 feet
j — Design Overlay District
Johnson, AR
Future Land Use
'1121:
Regional Link
Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
0 Planned Neighborhood Link
M Planned Residential Link
Planning Area
— Fayetteville City Limits
— — Trail (Proposed)
--i
Design Overlay District
Ball St. Rezone
NORTH
V �i:�� _ s
A.J* ,
Subject Property
City
Neighborhood
I
I
I
VA
N'ASCHE DRI VAAI'nc
ian Center
Feet
0 350 700 1,400 2,100 2,800
1 inch = 956 feet
n, . owomen'r 1
IL
A 1
1 emu :Mar i
LOD
I
_
11
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
Residential Neighborhood
L Rural Residential
Urban Center