HomeMy WebLinkAbout288-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 288-22
File Number: 2022-1098
CITY OF JOHNSON REZONING EAST OF SOUTH BALL STREET:
A RESOLUTION TO APPROVE THE CITY OF JOHNSON'S REZONING OF THAT
PROPERTY DESCRIBED IN REZONING PETITION #2022-21 FOR APPROXIMATELY 10
ACRES LOCATED EAST OF SOUTH BALL STREET FROM A, AGRICULTURAL TO LI,
LIGHT INDUSTRIAL
WHEREAS, Ark. Code Ann. § 14-56-306(b) requires that "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"; and
WHEREAS, the City Council of the City of Fayetteville has determined that the rezoning from A,
Agricultural to LI, Light Industrial approved by the City of Johnson will not adversely impact the
adjoined 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 approves the City of
Johnson's rezoning of that property described in rezoning petition #2022-21 for approximately 10
acres located east of South Ball Street from A, Agricultural to LI, Light Industrial because this rezoning
will not adversely impact the adjoining property within the City of Fayetteville's corporate limits.
PASSED and APPROVED on 12/6/2022
Page 1 Printed on 1217122
Resolution: 288-22
File Number.' 2022-1098
Attest:
0%rnnnrn1,i
Kara Paxton, City Clerk Treasagr. ITel'l
``
Page 2 Printed on 1217122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-1098
Agenda Date: 12/6/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.19
CITY OF JOHNSON REZONING EAST OF SOUTH BALL STREET:
A RESOLUTION TO APPROVE THE CITY OF JOHNSON'S REZONING OF THAT PROPERTY
DESCRIBED IN REZONING PETITION #2022-21 FOR APPROXIMATELY 10 ACRES LOCATED
EAST OF SOUTH BALL STREET FROM A, AGRICULTURAL TO LI, LIGHT INDUSTRIAL
WHEREAS, Ark. Code Ann. § 14-56-306(b) requires that "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"; and
WHEREAS, the City Council of the City of Fayetteville has determined that the rezoning from A, Agricultural
to LI, Light Industrial approved by the City of Johnson will not adversely impact the adjoined 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 approves the City of Johnson's
rezoning of that property described in rezoning petition #2022-21 for approximately 10 acres located east of
South Ball Street from A, Agricultural to LI, Light Industrial because this rezoning will not adversely impact the
adjoining property within the City of Fayetteville's corporate limits.
City of Fayetteville, Arkansas Page 1 Printed on 121712022
City of Fayetteville Staff Review Form
2022-1098
Legistar File ID
12/6/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 11/18/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
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 L-I LIGHT INDUSTRIAL FOR PROPERTY LOCATED
IN THE CITY OF JOHNSON THAT ADJOINS THE CITY OF FAYETTEVILLE
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 6, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
FROM: Jonathan Curth, Development Services Director
DATE: November 18, 2022
CITY COUNCIL MEMO
SUBJECT: Rezone (City of Johnson, Song): Submitted by the City of Johnson, Arkansas
on behalf of Roger Song for property east of S. Ball Street, adjacent to the city
limits of Fayetteville. The property is zoned A-1, Agricultural, and contains
approximately 10.00 acres. The request is to rezone the property to L-I, Light
Industrial
RECOMMENDATION:
Staff recommends that rezoning the subject property in the City of Johnson to L-I, 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 one, ten -acre parcel in the City of Johnson. The parcel is on the
east side of South Ball Street between Jupiter Drive and 11t Street to the south and north
respectively. Fayetteville's city limits are about 120 feet of the property's eastern boundary,
separated by railroad right-of-way. Aerial imagery suggests that the property has been utilized for
material and equipment storage, construction staging, and excavation for approximately 40 years.
A trucking and logistics company, Glory Transportation, is to the north and Americold Logistics,
an underground storage and operations business, is to the west. Property to the south is
undeveloped. Despite these varied uses, zoning in the immediate area is designated A,
Agricultural, in the City of Johnson zoning ordinance. Unlike Fayetteville, an agricultural zoning
designation in Johnson permits all classes of residential use, from single- to multi -family, along
with more conventional activities associated with farming and livestock
Request: On November 8, 2022, the City of Johnson's City Council passed Ordinance 2022-1 ,
rezoning the subject property from A, Agricultural to LI, Light Industrial. The property is separated
from the City of Fayetteville by railroad right-of-way. The rezoning of the property 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 existing and
permitted land uses on adjacent parcels within Fayetteville. The nearest parcel within
Fayetteville's city limits is owned by the City of Fayetteville and is utilized as a lift station. South
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
of that and separated from the subject property by railroad right-of-way, Gregg Avenue, and an
existing tree buffer, is privately -owned land in Fayetteville that is undeveloped. With consideration
for potential development of that land, which is zoned UT, Urban Throughfare, staff finds that the
separation from the property in Johnson represents a sufficient buffer to prevent incompatibility.
Further, properties zoned UT allow a wide range of uses, from single-family dwellings and gas
stations to large nonresidential and residential buildings by -right, including apartments and hotels.
In terms of conditional uses, UT allows warehousing, recycling centers, and, outdoor music with
Planning Commission review and approval. While the LI zoning designation in Johnson does not
permit housing, it does allow the hotel, gas station, retail, and vehicle sale uses permitted in UT.
This is supplemented in LI with by -right heavy commercial and industrial activities like
warehousing, manufacturing, research, and mini -storage. If the subject property is developed with
these more intense uses, the aforementioned separation from potential residential property
coupled with vehicle access restricted to Ball Street in Gregg will limit impacts. Ultimately, staff
finds the proposed rezoning to be appropriate and compatible given its incremental increase in
intensity and separation from potential residential uses in Fayetteville.
DISCUSSION:
On November 8, 2022, the Johnson Planning Commission forwarded the rezoning request to the
Johnson City Council with a recommendation of approval. Subsequently on the same day,
November 8, 2022, the Johnson City Council approved the request, determining it to be in the
public interest. To date, meeting minutes are not available for review.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A, City of Johnson Ordinances 2022-14
• Exhibit B, Legal Description of Rezoning Area
• City of Johnson, AR Zoning District Regulations
• City of Johnson, AR Zoning Map
• Arkansas Code Annotated §14-56-306
• Close -Up Map
• Current Land Use Map
ORDINANCE 2022-14
CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS
AN ORDINANCE TO REZONE CERTAIN REAL PROPERTY LOCATED
AT 6701 S. BALL STREET FROM AGRICULTURE (A) TO LIGHT
INDUSTRIAL (LI) IN THE CITY OF JOHNSON, ARKANSAS.
WHEREAS, a Public Hearing was held before the Planning Commission for the City of
Johnson, Arkansas on November 8t", 2022 at 6:00 p.m. to hear public input to the question of an
application to rezone lands located at 6701 S. Ball Street in Johnson, Arkansas. The request is to
rezone the following described parcel from Agriculture (A) to Light Industrial (LI); 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 public interest and welfare
is best served by approving the requested rezoning.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Johnson,
Arkansas:
Section 1. The City of Johnson hereby changes the zone classification from Agriculture
(A) Light Industrial (LI) for certain real property located at 6701 S. Ball Street more particularly
described in the attached Exhibit "A".
Section 2. Any ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of the conflict.
Section 3. In the event any one or more of the provisions contained in this Ordinance
shall for any reason be held by a Court of Law to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not have an effect on the remaining provisions
of this Ordinance, and this Ordinance shall be construed as if such invalid, illegal or unenforceable
provision or provisions had never been contained herein.
Section 4. 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 November 2022.
APPROVED:
Chris 7
ney, D
300
CITY OF JOHNSON, ARhANSAS
A RE. ZONING 0-01
FOR STAFF USE O1VLIr FEE: S300.00
Date Application Siibmitted.
Date Accepled as Complete: Plcmning Coil mi.vsion Action:__-_,_
Petltioit Mhmher: 20'1?.' 21 City C01171cil Action:
Piiblic }fearing Date: 'one:
.please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placer! on Me Planning Commission agenda until tlihv information is_l`ttm shed
AyOication:
Indicate one contact person for this request: Applicant Representative
4pphrUrlt (person making request): Representative (engineer, surveyor, realfor, etc.):
Name: 10,p-er Sony. Name: del in J. Wallace
Address: P.(). I 237 address: 1641 W 15th Street, Suite 14
C cave Sprin`tus, AR 7?718 ��ati cttc�-illc, AR 72701
rson-To()t) ii symai l .com -
E-mail: - - ` -- -.---� _ _-- --- f ,_rna► �: kt� rn a hc,aril�sic�r�c l;ir� .ci�m
Pam; ( 479 } 445-() 04 Phone: { 479 } 442-1411)
479 800-4420
Fax: ( } Fax: ( i
Site Address I Location: 6701 S. Ball Strcet
Current Zoning Distnct: _
Requested Inning District:
Agriculture
Lh-iht Industrial
Assessor's Parcel Number(s) for Sub ect Property:
795-1 S 155-1 1 1
FINAAUAI_ PVTER ES TS
The folloNvinb entities and f or people have f nanc:a; interest in this project:
Rot -Ter Sony;
APPLIC�iAr r'lREPR1�'aSF11'TATIYE: t certif , under penalty of perjury that the foregoing statements and answers
herein and all data, information, and evidence herewith submitted are in all respects, to the best of niv knowledge
ant: belief, true and correct. I understated that SUbmittal of incorrect or talse i:iformation is grounds for 'invalidation
of application cormpleteness, determination, or approval. I Understand that the City might not approve what I am
applying for, or mi&ht set conditions of approval.
Nary � �rrnted): Ke itl J. `N;`allace Date:ic_
w_
S iy,n at u.r e :
Re: on tng
"age
its tiling. (Jjsi�ned by /ht awMMl;rd rtml, a JtmB fists. each prnprrp• owner must ne prondm marrnbnF root
the egrnl is auffi-ked In set ran h"r, Aeha(O
P-P-A. Own", f Rrcnrd ( mach oddh:naal info if nrerxu�•);
LN-RIS, ri t �- SAV(f Adnress: �•. �rX L}'� r�
s nHnle' _ C Ce*� if'
s�tr: lr. �i ZozZ //gyp Lttone r�tw`% ) 4ky,-4.3o4 _
SI n
note. Z rhnwe: ( 1
Checklist:
Amech rhefollmrinp illrres In this applkalinn
P.5-te .t in F II of spplieable fees for processing the application - MOM
I Correspondence in the form of a written lever to the Ciry o!lahnson describing the scope, na'.ure and intent
ofthe proposal.
r. Legal description and parcel number ofptoperty, to be rezoned. A suney may be required if the property
description can't accurately be plated or if it is described by refetring to other deeds. 77,1s legal
drso/pllan she//6r seporou/rom orry plat a swt•n• orrd m.ar rr/!eu arty that arry fo h .coned and
signed by Ila property mrner ojreoord.
4. A typed list of mill adscae property omen, including those lots across s:reea. List must include name and
full address.(May be found in the County Assessor's of Foe)
5 Proof of notification of adjacent properly mints:
Each mljarerd property owner must be notified by lever explaining your request, and given the
date, time and place ofthe mewing. Each rich property shall be notified by certified mail and a
copy ofthe green certified mail reeetipt shall provide such proof. (Not to be sew until placement on
the Planning Commission gertda- but no late than 15 days in advance ofthe ureeting)
& A copy of the pl&l on record In the county assrnor's office. The owner's nark and the perch Murnixr for
every adjacent progeny shell be shown on this pas (map).
7. A wrinen description of this request addressing the following items!
Covent ownership infrxmmion and my proposed or peuhing poperry sales.
b
. Reason (need) fa requeniog the Zoning c.'rmte.
r Staremem of how the propwmy will m1mc to sumaund.ng poprnies in :erns oflmd use, uan,c, atTcuancc
and ::poet.
d. AnUbilily a wiHtin.
g. The Planning Commission is required to make specific findings with regard to the application. TT+e
applicant shall provide written swemerta addressing the follmving:
a The degree to which the proposed zoning is eonsieern truh latd use pinning objeaires, principles, policies,
land use aM r Lass Plain.
b WWI— he poyared mnleg lsjusdted and/or needed at the time of d-c mquev.
whether Ow pt:posrd riming will caste or appreciably invent tome drrger-d —stcoiva.
e. %Yt h. Its poposed inning udll aria toe pope rem d.asky and --by erndcstrabty iauease the insd on
—vices codeine cahoots, —, and setmr Acilities.
Ar--we
P..pr I
q 9
•
e. Why it would be impractical to use the land for any other uses permuted under its existing zoning.
9. Property owners ap Pyi g for c` iNges'to the ofcial zoning -reap shall present evidence.•or an � davit, at
leasf fen a{ 0) da�Ts.p for to the required public -hearing, that all property owners within 100' have been
nflfled -of the prnpbsed zoning change.
All appliaantf-ai-e encouraged to meet with the Building Official prior to cotnpletlrlg a Rezoning application.
�ebrut�r�► 3G';1�
�' Page 3
Parcel- 785-18155-111
Washington County Report ID- 96171
Property
Owner Property Information
Name:
SONG. ROGER Physical Address: S BALL ST
6701 S BALL ST
Mailing Address:
PO BOX 237 Subdivision: 27-17-30 JOHNSON OUTLOTS
CAVE SPRINGS. AR 72718 Block / Lot: N/A / N/A
Type:
(CG) Comm/Agri Impr. S-T-R: 27-17-30
Tax Dist:
(012) FAYETTEVILLE SCH, JOH Size (Acres): 10.000
Millage Rate:
57.15
Extended Legal:
PT NW NE 10.00 AC FURTHER DESCRIBED FROM 2022-8929 AS: Part of the Northwest Quarter
of the Northeast Quarter of Section Twenty-seven (27) in Township Seventeen (17) North, Range
Thirty (30) West of the Fifth Principal Meridian, being described as follows- commencing at a found
monument. said monument being the Northwest corner of said forty acre tract, thence S 00' 571 4611
West 280.59 feet to a found iron pin, said pin being the point of beginning, thence South 00'00'10"
West 467.01 feet to a set cotton picker spindle; thence North 89'4124" East 943.14 feet to a set iron
pin on the West line of the Arkansas & Missouri Railroad right-of-way (fonnerly known as St Louis
and San Francisco Railroad), thence along said right-of-way North 00'17'28" West 235.48 feet, -
thence North 09'29'15" West 234.53 feet, thence leaving said right-of-way and continuing South 89'
41'24" 903.26 feet to the point of beginning, containing 10-00 acres, more or less.
Market and Assessed Values Taxes
Estimated
Full Assessed
Taxable
Estimated $1,1520
Market Value
(20% Mkt Value)
Value
Taxes.-,
Land: $124,250
$24,850
$24,850
Homestead $0
Credit:
Building: 8700
1740
1740
Total: $132,950
$26,590
$26,590
Special Assessments
Assessment
Tax Amount
TIMBER TAX
S0.20
Total $0.20
Land
Land Use
Comm
Pasture(I 1)
Timber(l 1)
Pasture(l 8)
Pasture(06)
Timber(06)
Tota I
Size
5.000
3.020
1.010
0.880
0.060
0.030
10.000
Units
Acres
Acres
Acres
Acres
Acres
Acres
Page 1
August 15, 2022
City of Johnson Planning Commission
2904 Main Drive
Johnson, AR 72704
VIA HAND DELIVERY
RE: Proposed Rezoning of 6701 S. Ball Street
Dear Commission:
Please accept this letter in accompaniment with the Rezoning Permit Application which I submit herewith
on behalf of my client, Roger Song, regarding property located at 6701 S. Ball Street (hereinafter "the
property").
The property currently is zoned for agriculture use. The purpose of this district is to protect undeveloped
areas from intensive uses until a use pattern is approved. It is the intent of the property owner to utilize
this property for commercial use and desires to rezone the property to Light Industrial.
While finite planning for the development of the property is ongoing, the property is currently being
considered for warehouse/construction office space. These plans, of course, cannot be finalized until
rezoning is accomplished. Mr. Song purchased the property in March 2022 and is not currently negotiating
any agreement to sale the property.
The rezoning of the property will be an asset to the area. All adjacent properties are owned by business
entities and similar properties on Ball Street have been rezoned to Light Industrial previously. Therefore,
the rezoning of 6701 S. Ball Street will not be detrimental to adjacent landowners and will, in fact, increase
the value of the subject property as well as the adjacent properties. The location is ideal for such a zoning
adjustment as the property is situated on a two-lane roadway near a major thoroughfare capable of any
increase in volume created by the development of the subject property. Further, utilities are established
at the property.
Thank you for your assistance. Should you have any questions or concerns, please do not hesitate to
contact me.
Best Regards,
Kevin J. wallace
Kevin Wallace, PLLC www.hearthstonelaw.com
_
1641 W. 151^ St., Suite 14
k_ evinC hearthstonelaw.com
Fayetteville, AR 72701
Tel. 479.442.1419
Adell Ralston, PA
Fax: 479.439-7186
adell@hearthstonelaw.com
Tel. 479.442.1419
6701 S. BALL ST., JOHNSON, AR
LEGAL DESCRIPTION
PT NW NE 10.00 AC FURTHER DESCRIBED FROM 2022-8929 AS: Part of the Northwest
Quarter of the Northeast Quarter of Section Twenty-seven (27) in Township Seventeen (17)
North, Range Thirty (30) West of the Fifth Principal Meridian, being described as follows:
commencing at a found monument, said monument being the Northwest corner of said forty acre
tract, thence S 00' 57' 46" West 280.59 feet to a found iron pin, said pin being the point of
beginning, thence South 00'00' 10" West 467.01 feet to a set cotton picker spindle; thence North
89°4124" East 943.14 feet to a set iron pin on the West line of the Arkansas & Missouri Railroad
right-of-way (formerly known as St Louis and San Francisco Railroad); thence along said right-
of-way North 00°17'28" West 235.48 feet; thence North 09°29'15" West 234.53 feet; thence
leaving said right-of-way and continuing South 89' 41'24" 903.26 feet to the point of beginning,
containing 10.00 acres, more or less. Subject to all easements and rights -of -way of record.
14.04.05 District Regulations
Agricultural, 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.
Agricultural (A) - 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.
1. Light Industrial (LI) - 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.
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.
LAND USES
A
LI
Agricultural, animal
P
Agriculture, crop
P
P
Agriculture, farmers
market
P
P
Agriculture, product
sales
P
P
Fowl
P
LAND USES
A
LI
Accessory dwelling unit
P
Multi -family: Duplex,
P
triplex, 4-plex
Emergency Housing Unit
C
Group residential
P
Loft apartment
(commercial use)
Manuf. housing,
P
residential design
Manufactured housing
P
unit
Manufactured housing
park
Multi -family: 5 or more
units
Single-family detached
P
Townhome
LAND USES
A
LI
Airport or airstrip
C
P
Animal care, general
C
P
Animal care, limited
C
P
Auditorium or stadium
P
Automated teller
machine
P
Bank or financial
institution
Bed and breakfast
C
Car wash
P
Cemetery
C
P
Church
C
P
College or university
Communication tower
C
P
Construction sales and
service
P
Convenience store
P
Day care, limited (family
home)
C
Day care, general
C
Entertainment, adult
C
Funeral home
Golf Course & Ancillary
Uses
C
C
Government service
P
P
Hospital
P
Hotel or motel
P
Library
Medical service/office
Museum
C
Nursing home
Office, general
C
Parking lot, commercial
P
Parks, public
P
P
Pawn shops
Post office
P
Recreation/
entertainment, indoor
P
Recreation/
entertainment, outdoor
C
C
Recreational vehicle park
C
C
Restaurant, fast-food
Restaurant, general
Retail/service
P
Retail/service, high
impact
C
Safety services
C
P
School, elementary/
middle & high
P
Service station
P
Utility, major
C
C
Utility, minor
P
P
Vehicle and equipment
sales
P
Vehicle repair, general
P
Vehicle repair, paint and
body
P
Vocation school
LAND USES
A
LI
Asphalt or concrete plant
C
Auto wrecking or salvage
yard
C
Freight terminal
C
Manufacturing
P
Mining or quarrying
C
Research services
P
Residential (mini)
storage
P
Sod farm
C
Topsoil farm
C
Warehousing
P
Welding or machine
shop
C
P
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
Close Up View
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� Regional Link
� Regional Link - High Activity
Hillside -Hilltop Overlay District
` Planning Area
L _ I Fayetteville City Limits
— — — Shared -Use Paved Trail
— — — Trail (Proposed)
Ball St. Rezone
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Urban Thoroughfare