HomeMy WebLinkAboutOrdinance 6764 _ 11111011111111111111111II 111111111III 1111111111III11111111111111111111111
Doc ID: 021678910003 Type: REL
ovpAYEr, , Kind: ORDINANCE
Recorded: 07/22/2024 at 02:08:08 PM
, Fee Amt: $25.00 Page 1 of 3
Wash- AR
Kyle Sylvester ngton County,
SylvesterCircuit Clerk
•�� File2024-00018339
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6764
File Number: 2024-161
REZONING-2024-0023: (1000 S. FUTRALL DR./ADROIS HOSPITALITY LLC,559):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-23 FOR
APPROXIMATELY 1.75 ACRES LOCATED AT 1000 SOUTH FUTRALL DRIVE IN WARD 1 FROM C-2,
THOROUGHFARE COMMERCIAL TO CS,COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from C-2,Thoroughfare Commercial to CS,Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on June 18,2024
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This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ q 2.• 2
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Trail (Proposed)
Design Overlay District
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Close Up View
RZN-2024-0023 1000 S. FUTRALL DR
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
C-2
CS
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1.9
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Total 1.9 ac1:2,400
Current
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0.0
RZN-2024-0023
EXHIBIT 'A'
Legal Description – Parcel #765-05364-000
PT LOT 3 BLOCK 1 FURTHER DESCRIBED FROM 2021-47182 AS: Part of Lot 3, Block l, Fayetteville Center
Subdivision, Fayetteville, Washington County, Arkansas, being further described as follows, to-wit: Beginning at
a point which is N89°52'W 728.96 feet from the Southeast corner of the NW of the NW of Section 20, Township
16 North, Range 30 West; thence N89°52'W l96.09 feet; thence Nl8°07'27"W 370.96 feet; thence N78°38"E
234.73 feet; thence S11°31'07"E 407.48 feet to the point of beginning. LESS AND EXCEPT The East 20 feet
thereof.
RZN-2024-0023
EXHIBIT 'B'
Washington County, AR
I certify this instrument was filed on
07/22/2024 02:08:08 PM
and recorded in Real Estate
File Number 2024-00018339
Kyle Sylvester- Circuit Clerk
by �. -
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-161
MEETING OF JUNE 18, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
SUBJECT: RZN-2024-0023: Rezoning (1000 S. FUTRALL DR./ADROIS HOSPITALITY LLC, 559):
Submitted by BRANDON SCALLION for property located at 1000 S. FUTRALL DR. in
WARD 1. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 1.75 acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
RECOMMENDATION:
City planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located southeast of the intersection of Futrall Drive and Martin Luther King Jr.
Boulevard. The property contains one parcel totaling 1.75 acres which is developed with two motel buildings
that were constructed in 1981, according to Washington County records, and zoned C-2, Thoroughfare
Commercial.
Request: The request is to rezone the subject property from C-2, Thoroughfare Commercial, to CS,
Community Services.
Land Use Compatibility: Staff finds the requested rezoning to be compatible with surrounding land uses. The
property is located near the intersection of Futrall Drive and Martin Luther King Jr. Boulevard in an area that
includes a variety of land uses and is well served by city services. The property’s existing zoning, C-2,
Thoroughfare Commercial, is designed to encourage the grouping of commercial enterprises that cater to
highway travelers, while the proposed zoning, CS, Community Services, is intended to encourage adaptable
mixed-use centers along commercial corridors. While C-2 zoning provides an urban form setback option,
development in that zoning district typically follows a more traditional auto-oriented setback requirement with
parking in front of structures, whereas CS requires an urban form setback with buildings addressing the street.
Since the surrounding area is primarily developed with commercial buildings that are set far back from the
street, staff finds that a rezoning to CS could encourage a different development pattern which would allow for
the insertion of complimentary residential uses and require buildings to be closer to the street and sidewalk
network. Residential uses are currently permitted in the C-2 zoning district, though only as an accessory use. A
rezoning to CS would allow all residential uses by right. The proposed rezoning would also make the current
use of the property as a motel a conditional use.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Land Use Plan Analysis: Staff finds the applicant’s request to be consistent with the City’s adopted land use
plans. City Plan 2040’s Future Land Use Map designates this property as an Urban Center Area. Those areas
contain the most intense and dense development patterns in the city and allow for the tallest and greatest
variety of buildings. While CS is somewhat aligned with that designation, staff finds that a more intense mixed-
use district, such as UT, Urban Thoroughfare, may be more compatible since it would allow for more intense
and dense development. Nevertheless, staff is still supportive of the applicant’s request to rezone the property
to CS since that rezoning would be aligned with several of the goals stated in City Plan 2040. A rezoning from
C-2 to CS may encourage infill, discourage sprawl, and help grow a livable transportation network by allowing
for mixed-use development in an area that is well served by city services, in proximity to trails and bus routes,
and near a variety of existing land uses.
City Plan 2040 Infill Matrix: City Plan 2040’s Infill Matrix indicates a score of 9 for this site. The following
elements of the matrix contribute to the score:
• Adequate Fire Response (Station 6, located at 990 S. Hollywood Ave.)
• Near Sewer Main (six-inch main on site)
• Near Water Main (six-inch main on site)
• Near Public School (Ramay Junior High School)
• Near U of A Main Campus
• Near City Park (Centennial Park and Finger Park)
• Near Paved Trail (Town Branch Trail and Tsa-La-Gi Trail)
• Near Razorback Bus Stop (Route 44 and Route 48)
• Appropriate Future Land Use (Urban Center Area)
DISCUSSION:
At the May 28, 2024, Planning Commission meeting, a vote of 8-0-0 forwarded this request to City Council with
a recommendation of approval. Commissioner Werner made the motion and Commissioner Madden seconded
it. Commissioner Werner asked staff how they distinguish between apartments and hotels and staff explained
how they are subject to different building code and land use regulations. Staff also provided clarification on the
city's regulations for nonconforming land uses and structures in response to a question from Commissioner
Castin. No member of the public commented on this item at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-161
RZN-2024-0023: Rezoning (1000 S. FUTRALL DR./ADROIS HOSPITALITY LLC, 559):
Submitted by BRANDON SCALLION for property located at 1000 S. FUTRALL DR. in WARD
1. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately
1.75 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-23 FOR APPROXIMATELY 1.75 ACRES LOCATED AT 1000 SOUTH FUTRALL DRIVE IN
WARD 1 FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department’s Agenda Memo from C-2, Thoroughfare Commercial to CS,
Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-161
Item ID
6/18/2024
City Council Meeting Date - Agenda Item Only
RZN-2024-0023: Rezoning (1000 S. FUTRALL DR./ADROIS HOSPITALITY LLC, 559): Submitted by BRANDON SCALLION
for property located at 1000 S. FUTRALL DR. in WARD 1. The property is zoned C-2, THOROUGHFARE COMMERCIAL
and contains approximately 1.75 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
5/31/2024
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
MEETING DATE: May 28, 2024
SUBJECT: RZN-2024-0023: Rezoning (1000 S. FUTRALL DR./ADROIS
HOSPITALITY LLC, 559): Submitted by BRANDON SCALLION for
property located at 1000 S. FUTRALL DR. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 1.75
acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2024-0023 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2024-0023 to the City Council with a recommendation of approval.”
BACKGROUND:
The subject property is located southeast of the intersection of Futrall Drive and Martin Luther
King Jr. Boulevard. The property contains one parcel totaling 1.75 acres which is developed with
two motel buildings that were constructed in 1981, according to Washington County records, and
zoned C-2, Thoroughfare Commercial. Surrounding land uses and zoning are depicted below in
Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Gas Station I-1, Heavy Commercial and Light Industrial
South Motel C-2, Thoroughfare Commercial
East Mixed Commercial C-2, Thoroughfare Commercial
West Interstate 49
Mixed Commercial C-2, Thoroughfare Commercial
Request: The request is to rezone the subject property from C-2, Thoroughfare Commercial, to
CS, Community Services.
Public Comment: To date, staff has not received any public comment on this item.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along Futrall Drive and Best Way Street. Futrall
Drive is a fully improved Neighborhood Link Street with asphalt paving, curb,
(updated with results)
gutter, and sidewalk along the east side of the street. Best Way Street is a partially
improved Residential Link Street with asphalt paving, curb, gutter, and sidewalk
along the south side of the street. Any street improvements required in this area
would be determined at the time of development proposal.
Water: Public water is available to the subject property. An existing six-inch water main is
present on the east side of the subject property.
Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main
is present in the center of the subject property.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or
a FEMA-designated floodplain and no protected streams or hydric soils are
present. Any improvements or requirements for drainage will be determined at the
time of development submittal.
Fire: Station 6, located at 990 S. Hollywood Ave., protects this site. The property is
located approximately 0.3 miles from the fire station with an anticipated drive time
of approximately one minute using existing streets. The anticipated response time
would be approximately 3.2 minutes. Fire Department response time is calculated
based on the drive time plus one minute for dispatch and 1.2 minutes for turn-out
time. Within the city limits, the Fayetteville Fire Department has a response time
goal of six minutes for an engine and eight minutes for a ladder truck. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district, CS, Community Services, requires 20% minimum
canopy preservation. The current zoning district, C-2, Thoroughfare Commercial,
requires 15% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Urban Center Area.
Urban Center Areas contain the most intense and dense development patterns within the City
and allow for the tallest and greatest variety of buildings. Urban Center accommodates
rowhouses, apartments, local and regional retail, hotels, clean technology industries and
entertainment uses. These areas are typified by their location adjacent to major thoroughfares
with high visibility. Although Urban Center Areas recognize the conventional big box and strip
retail centers existing along major arterials, it is expected that vacant properties will be developed
into traditional mixed-use centers, allowing people to live, work and shop in the same area.
Additionally, infill of underperforming or undervalued existing big box and strip centers should be
strongly encouraged since there is a greater return on investment for redevelopment of these
areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and
parklands.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 9 for this site
with a weighted score of 11. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 6, located at 990 S. Hollywood Ave.)
• Near Sewer Main (six-inch main on site)
• Near Water Main (six-inch main on site)
• Near Public School (Ramay Junior High School)
• Near U of A Main Campus
• Near City Park (Centennial Park and Finger Park)
• Near Paved Trail (Town Branch Trail and Tsa-La-Gi Trail)
• Near Razorback Bus Stop (Route 44 and Route 48)
• Appropriate Future Land Use (Urban Center Area)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the requested rezoning to be compatible
with surrounding land uses. The property is located near the intersection of
Futrall Drive and Martin Luther King Jr. Boulevard in an area that contains a
variety of land uses and is well served by city services. The property’s
existing zoning, C-2, Thoroughfare Commercial, is designed to encourage
the grouping of commercial enterprises that cater to highway travelers while
the proposed zoning, CS, Community Services, is intended to encourage
adaptable mixed-use centers along commercial corridors. While C-2 zoning
provides an urban form setback option, development in that zoning district
typically follows a more traditional auto-oriented setback requirement with
parking in front of structures, whereas CS requires an urban form setback
with buildings addressing the street. Since the surrounding area is primarily
developed with commercial buildings that are set far back from the street,
staff finds that a rezoning to CS could encourage a different development
pattern which would allow for the insertion of more residential uses and
require buildings to be closer to the street. Residential uses are currently
permitted in the C-2 zoning district though only as an accessory use. A
rezoning to CS would allow all residential uses by right. The proposed
rezoning would also make the current use of the property as a motel a
conditional use.
Land Use Plan Analysis: Staff finds the applicant’s request to be consistent
with the City’s adopted land use plans. City Plan 2040’s Future Land Use Map
designates this property as Urban Center Area. Those areas contain the
most intense and dense development patterns in the City and allow for the
tallest and greatest variety of buildings. While CS is somewhat aligned with
that designation, staff finds that a more intense mixed-use district, such as
UT, Urban Thoroughfare, may be more compatible since it would allow for
more intense and dense development. Nevertheless, staff is still supportive
of the applicant’s request to rezone the property to CS. since that rezoning
would be aligned with several of the goals stated in City Plan 2040. A
rezoning from C-2 to CS may encourage infill, discourage sprawl, and help
grow a livable transportation network by allowing for mixed-use
development in an area that is well served by city services, in close proximity
to trails and bus routes, and near a variety of existing land uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that there is sufficient justification for rezoning the property from
C-2 to CS since the proposed rezoning would be consistent with the
property’s future land use designation as Urban Center Area and support
several goals of City Plan 2040.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from C-2 to CS has the potential to increase vehicular traffic in
the area when considering that CS would allow for more dense residential
development. However, staff finds that the property’s proximity to
nonresidential uses, bus routes, and public trails may help reduce the
number of vehicle trips generated by future development and limit impacts
on vehicular traffic congestion and danger. The Arkansas Department of
Transportation is in the process of finalizing plans for improvements to the
interchange of I-49 and Martin Luther King Jr. Boulevard which would
include a trail connection that would tie together the Tsa-La-Gi Trail and
Shiloh Trail. That future trail connection would further improve connectivity
for pedestrians and cyclists between the subject property and nonresidential
uses to the west of I-49.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from C-2 to CS has the potential to alter the population
density since CS would allow for increased residential development. Given
the property’s proximity to public streets, trails, water, sewer, and schools,
staff finds that the proposed rezoning is not likely to undesirably increase
the load on public services. Any necessary upgrades or improvements to
existing infrastructure would be determined at the time of development.
Fayetteville Public Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2024-0023 to the City
Council with a recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: May 28, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.22 Community Services
o §161.23 District C-2, Thoroughfare Commercial
• Request Letter
• One Mile Map
• Close-Up Map
• Current Land Use Map
• Future Land Use Map
x
with a recommendation
of approvalWerner
Madden
8-0-0
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a c ommercial zone. The intent of this zoning
district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 15 Neighborhood Shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre-approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities*
Unit 42 Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front: A build-to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear: None
Side or rear, when contiguous to
a single-family residential district:
15 feet
(F) Building Height Regulations.
Building Height Maximum 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-
14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7—
9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427
, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497 , §1, 10-19-21)
161.23 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow
administrative approval if the developer deci des to use urban form, in compliance with the build-to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit 13 Eating places
Unit 14 Hotel, motel, and amusement facilities
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 25 Offices, studios, and related services
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor store
Unit 40 Sidewalk Cafes
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 29 Dance Halls
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
Unit 38 Mini-storage units
Unit 42 Clean technologies
Unit 43 Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front 15 feet
Front, if parking is allowed
between the right-of-way and the
building
50 feet
Side None
Side, when contiguous to a
residential district
15 feet
Rear 20 feet
Urban Form Setback Regulations:
Front A build-to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear None
Side or rear, when contiguous to
a single-family residential district
15 feet
(F) Building Height Regulations.
Building Height Maximum 6 stories*
* If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from side boundary line of an adjacent residential district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the difference between the total height
of that portion of the building, and two (2) stories.
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747,
6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-
31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No.
5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord.
No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No.
5945 , §§5, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No. 6223 , §1, 9-
3-19; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6521 , §5, 1-18-22)
Brandon Scallion
Owner/Managing Member
Countdown LLC
273 Trout Water Drive, Jordan, AR 72519
bscalli@gmail.com
870-692-6430
April 15, 2024
Fayetteville Planning Department
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Re: Rezoning Request for Parcel 765-05364-000
I am writing to formally submit a rezoning request for the parcel listed above on behalf of
Countdown LLC. We currently have the property under contract to buy. The property is currently a
Quality Inn Motel located at 1000 S. Futrall in Fayetteville, AR.
Parcel 765-05364-000: 1000 S. Futrall Dr
• Complete legal description provided separately
• 1.75 Acres
• Current Zoning – C2
• Requested Zoning – CS
Current Adjacencies:
• North – I1
• South – C2
• East – C2
• West – Interstate 49
Statement of Compatibility
The parcel is near residential zoned parcels, CS zoned parcels, C2 zoned parcels. The proposed
land use for this parcel is affordable multifamily. The property is currently a 105 unit motel with a
pool. The current average occupancy rate for the motel is 70%.
Statement of Adverse Effect or Conflict with Surrounding Land Use:
The main adverse effect may be a slight increase in local traffic. This is mitigated by the availability
of green transit nearby. Public transportation is 0.15 miles away and the Greenway Bike Trail is
roughly 100 yards from the property in question.
See Additional Exhibits:
• Consent Owner Form
• Purchase Contract
• Extended Legal Description (Word Format)
I appreciate your attention to this matter and look forward to discussing the rezoning request
further. If additional information or clarification is needed, please do not hesitate to contact me.
Thank you for your time and consideration.
Brandon Scallion
Owner/Managing Member
Countdown LLC
C-1
UTRSF-4
I-1
R-O
RMF-18
IPZD
RSF-2
RPZD
I-2
P-1
CS
C-2
R-A
RMF-24
RMF-12
RSF-1
15TH
STHOL
L
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W
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AVE
SANG
A
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4
9
4
9
F
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A
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R 15TH ST
M A R T I N L U T H E R
K I N G J R B L V D
S
H
I
L
O
H
D
R
15TH ST
Regional Link
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Freeway/Expressway
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
Zoning
RESIDENTIAL SINGLE-FAMILY
NS-G
RI-U
RI-12
NS-L
Residential-Agricultural
RSF-.5
RSF-1
RSF-2
RSF-4
RSF-7
RSF-8
RSF-18
RESIDENTIAL MULTI-FAMILY
RMF-6
RMF-12
RMF-18
RMF-24
RMF-40
INDUSTRIAL
I-1 Heavy Commercial and Light Industrial
I-2 General Industrial
EXTRACTION
E-1
COMMERCIAL
Residential-Office
C-1
C-2
C-3
FORM BASED DISTRICTS
Downtown Core
Urban Thoroughfare
Main Street Center
Downtown General
Community Services
Neighborhood Services
Neighborhood Conservation
PLANNED ZONING DISTRICTS
Commercial, Industrial, Residential
INSTITUTIONAL
P-1
One Mile View
RZN-2024-0023 1000 S. FUTRALL DR N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
I-1
IPZD
C-2
RMF-12
To
w
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B
r
a
n
c
h
T
r
a
i
l
Tsa-La-Gi Trail
S
h
i
l
o
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Tr
a
i
l
Proposed CS
F
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R
A
L
L
D
R
S
HIL
O
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LAG
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A
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BEST WAY ST
RA
M
P
6
2
V E N TURA PL
LOS ANGELES
LOOP
E X I T 6 2
4
9
M A R T I N L U T H E R
K I N G J R B L V D
4
9
Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
Unclassified
Residential Link
Trail (Proposed)
Design Overlay District
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0023 1000 S. FUTRALL DR
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
C-2
CS
I-1
0.0
1.9
0.0
Total 1.9 ac1:2,400
Current
1.9
0.0
0.0
S
HIL
O
H
D
R
F
U
T
R
A
L
L
D
R
M A R T I N L U T H E R
K I N G J R B L V D
4
9
4
9
Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Design Overlay District
Current Land Use
RZN-2024-0023 1000 S. FUTRALL DR N
0 225 450 675 900112.5
Feet
Subject Property
Multi-Family Residential
and Undeveloped
Commercial
1:3,600
Commercial and Mixed Residential
City
Neighborhood
Civic and
Private
Open Space Civic
Institutional
Natural
Non-Municipal
Government
Residential
Neighborhood
Urban Center
4
9
4
9
M A R T I N L U T H E R
K I N G J R B LV D
Regional Link
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Freeway/Expressway
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
Design Overlay District
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2024-0023 1000 S. FUTRALL DR N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
NW4\
Form v1.52
media
Account#: NWCL5004205 RECEIVED
Company: CITY OF FAYETTEVILLE-CLERKS OFFI JUN 2 5 2024
113 W MOUNTAIN
FAYETTEVILLE,AR 72701 CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ad number#: 414293
PO #:
Matter of: ORD 6764
AFFIDAVIT•STATE OF ARKANSAS
1, Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTONBENTON county,State of ARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6764
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$92.72.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 06/23/24;NWA nwaonline.com 06/23/24
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State of ARKANSAS,County of Sebastian ;u'�:off
Subscribed and sworn to before me on this 24th day of June, ',, 4',.. .?,???16„C",•
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NOT RY PUBLIC
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,
zone classification of the prop-
erty shown on the map(Exhibit
A)and the legal description(Ex-
hibit B) both attached to the
Planning Department's Agenda
Memo from C-2,Thoroughfare
Commercial to CS,Community
Services.
Section 2:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends the
official zoning map of the City of
Fayetteville to reflect the zoning
change provided in Secton 1,
PASSED end APPROVED on
June 18,2024
Approved:
Lioneld Jordan,
Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:$92.72
June 23,2024 414293
