HomeMy WebLinkAboutOrdinance 6962Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6962
File Number: 2025-2623
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-58
FOR APPROXIMATELY 9.02 ACRES LOCATED AT SOUTH FUTRALL DRIVE AND SOUTH ROOT
AVENUE IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO NS-G,
NEIGHBORHOOD SERVICES - GENERAL
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 RSF-4, Residential Single-Family, 4 Units Per Acre to NS-G, Neighborhood
Services – General.
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 January 20, 2026
Approved:
_______________________________
Molly Rawn, 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: $89.68
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AS SURVEYED DESCRIPTION:
A part of the N ½ of the S ½ of the NE ¼ of the SE ¼ of Section 18, T-16-N, R-30-W, Washington
County, Arkansas, being more particularly described as follows: Commencing at a found stone
for the Northeast Corner of the NE ¼, SE ¼; thence S02°48'01"W along the East line of said NE
¼, SE ¼ a distance of 656.59 feet to a found stone for the Northeast Corner of the N ½, S ½, NE
¼, SE ¼; thence N87°10'29"W along the North line of said N ½, S ½, NE ¼, SE ¼ a distance of
30.00 feet to a set ½" rebar (capped PS #1737) for the POINT OF BEGINNING; thence
S02°44'55"W a distance of 331.18 feet to a set ½" rebar (capped PS #1737) on the South line of
the N ½, S ½, NE ¼, SE ¼; thence N87°10'21"W along said South line a distance of 1107.00 feet
to a found ½" rebar (PS #1252) at the intersection of said South line and the East right of way
line of Highway I-49 and Futrall Drive; thence along said right of way line the following 2
courses: (1) N27°07'00"W a distance of 63.52 feet to a found right of way monument; (2) thence
N20°49'02"W a distance of 301.40 feet to a found right of way monument at the intersection of
said right of way line and the North line of the N ½, S ½, NE ¼, SE ¼; thence S87°10'29"E along
said North line a distance of 1259.13 feet to the point of beginning, containing 9.02 Acres, more
or less, as shown on survey by PS #1737. Subject to all existing easements for roads or other
purposes.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2623
MEETING OF JANUARY 20, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Citlali Samano, Planner
SUBJECT: RZN-2025-0058: Rezoning (S FUTRALL DR & S ROOT AVE/BARNES FAMILY TRUST,
519): Submitted by ECOLOGICAL DESIGN GROUP for property located at S
FUTRALL DR & S ROOT AVE. in WARD 1. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, and contains approximately 9.02
acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES -
GENERAL
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property to NS-G, Neighborhood Services - General.
While originally requesting CS, Community Services, the applicant agreed to a forwarding of a request of NS-G
during the Planning Commission meeting. Staff recommended approval of a request to CS, Community
Services, which this report evaluated.
BACKGROUND:
The subject property is located approximately ½ mile south of Markham Hill Woods and just east of Interstate
49 along S. Futrall Dr. In addition to Futrall, the property also has access to S. Root Ave., a public street to the
southeast. The overall property contains approximately 9.02 acres and is undeveloped with near-complete
100% tree canopy coverage. The property has a history of rezoning requests. In 2021, the initial request for a
rezone to UT, Urban Thoroughfare was denied. Subsequently, a CS rezoning request was made, which
received a recommendation for approval by staff and was forwarded to City Council. where it was ultimately
denied. Portions of the property near I-49 lie within the City’s I-540 Overlay District while another somewhat
overlapping portion lies within the Hillside/Hilltop Overlay District. The property is not within a FEMA floodplain,
floodway, nor within a Streamside Protection Zone.
Request: The request is to rezone the property from RSF-4, Residential Single-Family, 4 Units Per Acre, to
NS-G, Neighborhood Services - General.
Public Comment: One member of the public spoke at the Planning Commission with concerns about the
request and its potential impact on flooding. A document was subsequently shared with staff which is included
in this report.
Land Use Compatibility: Staff finds that requested rezoning to be generally compatible with the surrounding
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
area and existing land uses due to the CS zoning district's intensity and building heights aligning with
surrounding uses. Additionally, the allowance in CS to develop nonresidential uses in addition to residential
ones can promote the availability of services for residences to the south and east sides of the subject property.
Further, the subject property fronts two public streets, Futrall and Root, affording it access that could otherwise
pose circulation concerns if Futrall, a one-way frontage road, were the only adjacent street. Overall, the
request presents more opportunities than it does challenges; staff recommends approval of this request to CS,
and also recommends in favor of the amended proposal of NS-G.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the goals in City Plan 2040
and the property’s mixed future land use designation of Residential Neighborhood area and City
Neighborhood area. The proposal for both CS and NS-G along Futrall, a major connecting corridor, can allow
for both residential and nonresidential uses that complement both future land use map designations.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 8. The following elements
of the matrix contribute to the score:
•Adequate Fire Response (Station 6, located at 900 S Hollywood Ave.)
•Near Sewer Main (21” gravity main adjacent to the property)
•Near Water Main (6” along W Orlando Dr)
•Near Public School (Ramay Junior High School)
•Near City Park (Centennial Park)
•Near Paved Trail (Shiloh Trail)
•Near Razorback Bus Stop (W Stone St & S Mobile Ln)
•Appropriate Future Land Use
DISCUSSION:
At the December 08, 2025 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City
Council with a recommendation of approval following discussion and amendment from the applicant's request
of CS, Community Services to NS-G, Neighborhood Services - General. Commissioner McGetrick and
Commissioner Madden found that NS-G would allow for less intense and more appropriate land uses
compared to CS. Madden also stated concerns in regard to the Hillside/Hilltop Overlay and potential impacts to
nearby residences. One member of the public spoke at the meeting, virtually, with concerns about flooding in
the area. This member of the public did not provide a presentation document for their concerns during the
meeting but did send them via email the following day. These are attached to this report.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report, 7.
Additional Information - RZN-2025-0058 Topography Exhibit
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2623
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-58 FOR APPROXIMATELY 9.02 ACRES LOCATED AT SOUTH FUTRALL DRIVE
AND SOUTH ROOT AVENUE IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY,
4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES - GENERAL
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 RSF-4, Residential Single-Family, 4 Units
Per Acre to NS-G, Neighborhood Services – General.
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
2025-2623
Item ID
1/6/2026
City Council Meeting Date - Agenda Item Only
RZN-2025-0058: Rezoning (S FUTRALL DR & S ROOT AVE/BARNES FAMILY TRUST, 519): Submitted by ECOLOGICAL
DESIGN GROUP for property located at S FUTRALL DR & S ROOT AVE. in WARD 1. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, and contains approximately 9.02 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
12/19/2025
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 Master, Planning Director
FROM: Citlali Samano, Planner
MEETING DATE: December 08, 2025
SUBJECT: RZN-2025-0058: Rezoning (S FUTRALL DR & S ROOT AVE/BARNES
FAMILY TRUST, 519): Submitted by ECOLOGICAL DESIGN GROUP for
property located at S FUTRALL DR & S ROOT AVE. The property is zoned
RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, and
contains approximately 9.02 acres. The request is to rezone the property
to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends approval of RZN-2025-0058.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0058 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is located approximately ½ miles south of Markham Hill Woods and just east
of I-49. The overall property contains approximately 9.02 acres, the applicant requests to rezone
the property to CS, Community Services. Currently, the site is undeveloped and has almost 100%
tree canopy coverage, however the request is intended to establish a transition area that provides
small-scale commercial service options in a corridor that currently lacks accessible commercial
amenities between Martin Luther King Jr. Boulevard and N. Marinoni Drive. Portions of the
property lie within the City’s Sign Overlay District, and a small portion lies within the Hillside/Hilltop
Overlay District. The property is not within a FEMA floodplain, floodway, nor within a Streamside
Protection Zone. Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Undeveloped R-A, Residential Agriculture; RI-U, Residential-Intermediate,
Urban;
South Mixed-Family Residential RMF-18, Residential Multi-Family, 18 Units Per Acre
East Mixed-Family Residential RSF-4, Residential Single-Family, 4 Units Per Acre; RMF-
24, Residential Multi-Family, 24 Units Per Acre
West Interstate (I-49) RPZD, Residential-Planned Zoning District (across the
interstate)
Request: The request is to rezone the property from RSF-4, Residential Single-Family, 4 Units
Per Acre, to CS, Community Services.
Public Comment: Staff have received no public comments.
Updated PC results 12/09
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has road frontage along South Futrall Drive and South Root
Avenue. South Futrall Drive is a partially improved Neighborhood Link Street with
asphalt paving with curb and gutter. South Root Avenue is a partially improved
Residential Link Street with asphalt paving with curb and gutter. Any street
improvements required in these areas would be determined at the time of the
development proposal. Any additional improvements or requirements for drainage
will be determined at time of development.
Water: Public water is not available to the Subject area, but there is a water main
approximately 150 feet southeast of the property that runs adjacent to S. Root
Ave. and W. Orlando Dr.
Sewer: Sanitary Sewer is not available to the Subject area, but there is a sewer main
that runs adjacent to S. Futrall Dr. on the west side of the property.
Drainage: No portion of the property lies within a FEMA Floodplain, nor within a Streamside
Protection zone. However, there is Hydric Soils partially present in the area.
Hydric soil is a known indicator of wetlands. However, for an area to be classified
as wetlands, it may also need other characteristics such as hydrophytes (plants
that grow in water), and shallow water during parts of the year. Hydric soil can be
found across many areas of Fayetteville, including valleys, floodplains, and open
prairies. It’s important to identify these natural resources during development, so
when these soils are identified on a property, further environmental studies will
be required at the time of development. Before permits are issued for the
property a statement/report from an environmental professional must be provided
summarizing the existence of wetlands on the property. If this statement/report
indicates that wetlands may be present on site, a USACE Determination of
Jurisdictional Wetlands will be required at the time of development submittal. A
portion of the property lies within the Hillside-Hilltop Overlay District. Additional
restrictions will apply at the time of development. engineered footing designs will
be required at the time of building permit submittal, as well as grading, erosion
control and abbreviated tree preservation plans.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 6, located at 900 S Hollywood Ave., protects this site. The property is
located approximately 1 mile from the fire station with an anticipated drive time of
approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 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 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning districts, CS – Community Services requires a 20%
minimum canopy preservation. The current zoning districts, RSF-4, Residential
Single-Family, 4 Units per Acre requires a 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Residential Neighborhood and City
Neighborhood.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low-intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
City Neighborhood areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi-family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections, creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 5-8 for this
site with a weighted score of 12. The following elements of the matrix contribute to the score:
•Adequate Fire Response (Station 6, located at 900 S Hollywood Ave.)
•Near Sewer Main (21” gravity main adjacent to the property)
•Near Water Main (6” along W Orlando Dr)
•Near Public School (Ramay Junior High School)
•Near City Park (Centennial Park)
•Near Paved Trail (Shiloh Trail)
•Near Razorback Bus Stop (W Stone St & S Mobile Ln)
•Appropriate Future Land Use
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 that the requested rezoning appears
generally compatible with the surrounding area and existing land uses. The
property has a history of rezoning requests in 2021: the initial request for a
rezone to UT was denied due to incompatibility with form-based zoning and
requirements for walkable elements. Conversely, a CS rezoning request was
also made 6 months later. The second request was recommended for
approval by staff and forwarded to City Council but was for reasons related
to building form and walkability requirements. CS is more compatible due to
lower intensity and building heights that align with surrounding uses. The
applicant is continuing to rezone approximately 9.02 acres from RSF-4 to CS,
which would enhance the availability of commercial services for the
surrounding residential neighborhoods on the south and east sides of the
property.
Given the current surrounding land use and the distance to non-residential
services, there is increased flexibility to approve the current rezoning
request. Staff notes that there are no concerns related to the environmental
constraints of the site, nor does any portion of the property lie within the
floodplain.
The subject area has does have street frontage along S. Futrall Dr. and S.
Root Ave. and is a Partially improved Neighborhood Link Street with asphalt
paving with curb and gutter. Any street improvements required in these
areas would be determined at the time of the development proposal. Any
additional improvements or requirements for drainage will be determined at
time of development.
Overall, the request presents more opportunities than it does challenges, as
discussed in previous rezoning requests. Staff recommends approval of this
request.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with the goals in City Plan 2040 and the property’s mixed future land use
designation partially as a Residential Neighborhood area, and a City
Neighborhood area. Given the future land use classification of these
portions of the site, staff would recommend approval of the request to stay
in line with that plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds there is sufficient justification to rezone the property from RSF-4
to CS.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from RSF-4 to CS has the potential to increase traffic to this
location and could be to an appreciable degree. There are no limiting factors
as there is street frontage along S. Futrall Dr. and S. Root Ave. Further, the
property is not within the floodplain.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The property does not have access to water and sewer but can do so with
any future developments. Any increase in density would have to be balanced
with appropriate upsizing of those facilities to be borne by the developer.
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:
Finding: There is currently no readily available access to water or sewer for this
property. However, there are available connections surrounding the
property.
RECOMMENDATION: Planning staff recommends approval of RZN-2024-0058.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: December 08, 2025 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Project Maps
• One Mile Map
• Close-Up Map
• Current Land Use Map
• Future Land Use Map
• Unified Development Code
• §161.07 District RSF-4, Residential Single-Family, 4 Units per Acre
• §161.22 District CS, Community Services
• Applicant Exhibits
• Request Letter
Cabe
Castin
7-0-0
with recommendation to
rezone to NS-G
Public Comment - Presentation
161.07 - District RSF-4, Residential Single-Family - Four (4) Units Per Acre (modified)
(A)Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of these
types.
(B)Uses.
(1)Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
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 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
(C)Density.
Single-Family Dwellings
Unit per acre 4 or less
(D)Bulk and Area Regulations.
Single-Family Dwellings
Lot minimum width 70 feet
Lot area minimum 8,000 square feet
Land area per dwelling unit 8,000 square feet
Hillside Overlay District Lot
minimum width
60 feet
Hillside Overlay District Lot
area minimum
8,000 square feet
Land area per dwelling unit 8,000 square feet
(E)Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Building Area.
On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground
mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause),
Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and
Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code
Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on
November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further
amend this sunset, repeal and termination section.
161.22 - Community Services (modified)
(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 commercial zon e. 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
Unit 48 Private dormitories
(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; Ord. No. 6879, §2, 5-20-25)
Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause),
Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and
Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code
Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on
November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further
amend this sunset, repeal and termination section.
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Planning Area
One Mile View
RZN-2025-0058 S. FUTRALL DR & S. ROOT
AVE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
December 8, 2025
RZN-2025-0058 (BARNES FAMILY TRUST)
Page 6 of 14
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RZN-2025-0058 S. FUTRALL DR & S. ROOT
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Planning Commission
December 8, 2025
RZN-2025-0058 (BARNES FAMILY TRUST)
Page 7 of 14
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Planning Commission
December 8, 2025
RZN-2025-0058 (BARNES FAMILY TRUST)
Page 8 of 14
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RZN-2025-0058 S. FUTRALL DR & S. ROOT AVE N
0 225 450 675 900112.5
Feet
Subject Property
Multi-Family Residential
Undeveloped
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Planning Commission
December 8, 2025
RZN-2025-0058 (BARNES FAMILY TRUST)
Page 9 of 14
ECOLOGICAL DESIGN GROUP WWW.ECOLOGICALDG.COM
Ecological Design Group
216 West Birch St,
Rogers, AR 72756
Date: 10/28/2025
Project: Futrall - Rezoning
Parcel Number: 765-14618-000
EDG Project No: #25-062
RE: Rezoning Request
To whom it may concern:
Ecological Design Group, on behalf of the Barnes Family Trust, requests the rezoning of parcel #765-
14618-000, from RSF-4 (Residential Single Family, four units per acre) to C-S (Community Services).
The property is currently zoned RSF-4 and is bordered by RSF-18 and RMF-24 zones to the south and
east, R-A to the north, and South Futrall Drive and Interstate 49 to the west. The proposed C-S zoning
would allow for a mix of commercial and residential uses, aligning with the surrounding medium -high
density residential zones and complementing the existing commercial zoning across I -49 to the northwest
and southwest.
The proposed C-S zoning is compatible with surrounding land uses and therefore is not expected to
negatively impact neighboring properties. Instead, it would enable the property to serve nearby
residential areas with commercial services, while also supporting residential development consistent with
adjacent zoning.
Sincerely,
Molly Pace
(479) 441-0197
Planning Commission
December 8, 2025
RZN-2025-0058 (BARNES FAMILY TRUST)
Page 14 of 14
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TO: Fayetteville Planning Commission
THRU: Jessie Master, Planning Director
FROM: Citlali Samano, Planner
MEETING DATE: December 08, 2025
SUBJECT: RZN-2025-0058: Rezoning (S FUTRALL DR & S ROOT AVE/BARNES
FAMILY TRUST, 519): Submitted by ECOLOGICAL DESIGN GROUP for
property located at S FUTRALL DR & S ROOT AVE. The property is zoned
RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, and
contains approximately 9.02 acres. The request is to rezone the property
to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends approval of RZN-2025-0058.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0058 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is located approximately ½ miles south of Markham Hill Woods and just east
of I-49. The overall property contains approximately 9.02 acres, the applicant requests to rezone
the property to CS, Community Services. Currently, the site is undeveloped and has almost 100%
tree canopy coverage, however the request is intended to establish a transition area that provides
small-scale commercial service options in a corridor that currently lacks accessible commercial
amenities between Martin Luther King Jr. Boulevard and N. Marinoni Drive. Portions of the
property lie within the City’s Sign Overlay District, and a small portion lies within the Hillside/Hilltop
Overlay District. The property is not within a FEMA floodplain, floodway, nor within a Streamside
Protection Zone. Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Undeveloped R-A, Residential Agriculture; RI-U, Residential-Intermediate,
Urban;
South Mixed-Family Residential RMF-18, Residential Multi-Family, 18 Units Per Acre
East Mixed-Family Residential RSF-4, Residential Single-Family, 4 Units Per Acre; RMF-
24, Residential Multi-Family, 24 Units Per Acre
West Interstate (I-49) RPZD, Residential-Planned Zoning District (across the
interstate)
Request: The request is to rezone the property from RSF-4, Residential Single-Family, 4 Units
Per Acre, to CS, Community Services.
Public Comment: Staff have received no public comments.
Updated PC results 12/09
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has road frontage along South Futrall Drive and South Root
Avenue. South Futrall Drive is a partially improved Neighborhood Link Street with
asphalt paving with curb and gutter. South Root Avenue is a partially improved
Residential Link Street with asphalt paving with curb and gutter. Any street
improvements required in these areas would be determined at the time of the
development proposal. Any additional improvements or requirements for drainage
will be determined at time of development.
Water: Public water is not available to the Subject area, but there is a water main
approximately 150 feet southeast of the property that runs adjacent to S. Root
Ave. and W. Orlando Dr.
Sewer: Sanitary Sewer is not available to the Subject area, but there is a sewer main
that runs adjacent to S. Futrall Dr. on the west side of the property.
Drainage: No portion of the property lies within a FEMA Floodplain, nor within a Streamside
Protection zone. However, there is Hydric Soils partially present in the area.
Hydric soil is a known indicator of wetlands. However, for an area to be classified
as wetlands, it may also need other characteristics such as hydrophytes (plants
that grow in water), and shallow water during parts of the year. Hydric soil can be
found across many areas of Fayetteville, including valleys, floodplains, and open
prairies. It’s important to identify these natural resources during development, so
when these soils are identified on a property, further environmental studies will
be required at the time of development. Before permits are issued for the
property a statement/report from an environmental professional must be provided
summarizing the existence of wetlands on the property. If this statement/report
indicates that wetlands may be present on site, a USACE Determination of
Jurisdictional Wetlands will be required at the time of development submittal. A
portion of the property lies within the Hillside-Hilltop Overlay District. Additional
restrictions will apply at the time of development. engineered footing designs will
be required at the time of building permit submittal, as well as grading, erosion
control and abbreviated tree preservation plans.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 6, located at 900 S Hollywood Ave., protects this site. The property is
located approximately 1 mile from the fire station with an anticipated drive time of
approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 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 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning districts, CS – Community Services requires a 20%
minimum canopy preservation. The current zoning districts, RSF-4, Residential
Single-Family, 4 Units per Acre requires a 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Residential Neighborhood and City
Neighborhood.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low-intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
City Neighborhood areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi-family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections, creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 5-8 for this
site with a weighted score of 12. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 6, located at 900 S Hollywood Ave.)
• Near Sewer Main (21” gravity main adjacent to the property)
• Near Water Main (6” along W Orlando Dr)
• Near Public School (Ramay Junior High School)
• Near City Park (Centennial Park)
• Near Paved Trail (Shiloh Trail)
• Near Razorback Bus Stop (W Stone St & S Mobile Ln)
• Appropriate Future Land Use
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 that the requested rezoning appears
generally compatible with the surrounding area and existing land uses. The
property has a history of rezoning requests in 2021: the initial request for a
rezone to UT was denied due to incompatibility with form-based zoning and
requirements for walkable elements. Conversely, a CS rezoning request was
also made 6 months later. The second request was recommended for
approval by staff and forwarded to City Council but was for reasons related
to building form and walkability requirements. CS is more compatible due to
lower intensity and building heights that align with surrounding uses. The
applicant is continuing to rezone approximately 9.02 acres from RSF-4 to CS,
which would enhance the availability of commercial services for the
surrounding residential neighborhoods on the south and east sides of the
property.
Given the current surrounding land use and the distance to non-residential
services, there is increased flexibility to approve the current rezoning
request. Staff notes that there are no concerns related to the environmental
constraints of the site, nor does any portion of the property lie within the
floodplain.
The subject area has does have street frontage along S. Futrall Dr. and S.
Root Ave. and is a Partially improved Neighborhood Link Street with asphalt
paving with curb and gutter. Any street improvements required in these
areas would be determined at the time of the development proposal. Any
additional improvements or requirements for drainage will be determined at
time of development.
Overall, the request presents more opportunities than it does challenges, as
discussed in previous rezoning requests. Staff recommends approval of this
request.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with the goals in City Plan 2040 and the property’s mixed future land use
designation partially as a Residential Neighborhood area, and a City
Neighborhood area. Given the future land use classification of these
portions of the site, staff would recommend approval of the request to stay
in line with that plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds there is sufficient justification to rezone the property from RSF-4
to CS.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from RSF-4 to CS has the potential to increase traffic to this
location and could be to an appreciable degree. There are no limiting factors
as there is street frontage along S. Futrall Dr. and S. Root Ave. Further, the
property is not within the floodplain.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The property does not have access to water and sewer but can do so with
any future developments. Any increase in density would have to be balanced
with appropriate upsizing of those facilities to be borne by the developer.
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:
Finding: There is currently no readily available access to water or sewer for this
property. However, there are available connections surrounding the
property.
RECOMMENDATION: Planning staff recommends approval of RZN-2024-0058.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: December 08, 2025 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Project Maps
• One Mile Map
• Close-Up Map
• Current Land Use Map
• Future Land Use Map
• Unified Development Code
• §161.07 District RSF-4, Residential Single-Family, 4 Units per Acre
• §161.22 District CS, Community Services
• Applicant Exhibits
• Request Letter
Cabe
Castin
7-0-0
with recommendation to
rezone to NS-G
Public Comment - Presentation
161.07 - District RSF-4, Residential Single-Family - Four (4) Units Per Acre (modified)
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of these
types.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
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 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
(C) Density.
Single-Family Dwellings
Unit per acre 4 or less
(D) Bulk and Area Regulations.
Single-Family Dwellings
Lot minimum width 70 feet
Lot area minimum 8,000 square feet
Land area per dwelling unit 8,000 square feet
Hillside Overlay District Lot
minimum width
60 feet
Hillside Overlay District Lot
area minimum
8,000 square feet
Land area per dwelling unit 8,000 square feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Building Area.
On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground
mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause),
Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and
Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code
Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on
November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further
amend this sunset, repeal and termination section.
161.22 - Community Services (modified)
(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 commercial zon e. 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
Unit 48 Private dormitories
(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; Ord. No. 6879, §2, 5-20-25)
Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause),
Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and
Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code
Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on
November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further
amend this sunset, repeal and termination section.
SANG
A
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HO
L
L
Y
W
O
O
D
A
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4
9
4
9
F
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K I N G J R B L V D
S
A
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H
I
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O
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D
R
R-O
C-2
RMF-18
I-1
RMF-24
RSF-4
IPZD
CS
RPZD
R-A
RI-U CPZD
NC
P-1
NS-G
Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
RZN-2025-0058 S. FUTRALL DR & S. ROOT
AVE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
December 8, 2025
RZN-2025-0058 (BARNES FAMILY TRUST)
Page 6 of 14
S
h
il
o
h
T
r
a
i
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Proposed CS
S
H
I
L
O
H
D
R
F
U
T
R
A
L
L
D
R
STONE ST
B I L O XI
X I N G
MIA
MIL
O
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I
A
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I
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O
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MOBIL
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ORLANDO DR
RO
O
T
A
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X
I
T
6
2
R
A
M
P
6
2
4
9
4
9
C-2
RMF-18
P-1
RMF-24
RSF-4
R-A
RI-U
Neighborhood Link
Freeway/Expressway
Unclassified
Residential Link
Hillside-Hilltop Overlay District
Trail (Proposed)
Design Overlay District
Planning Area
Fayetteville City Limits
Close Up View
RZN-2025-0058 S. FUTRALL DR & S. ROOT
AVE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
CS
R-A
RSF-4
9.0
0.0
0.0
Total 9.0 ac1:2,400
Current
0.0
0.1
8.9
Planning Commission
December 8, 2025
RZN-2025-0058 (BARNES FAMILY TRUST)
Page 7 of 14
City
Neighborhood
Civic and
Private
Open Space
Civic
Institutional
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 L V D
Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
Unclassified
Alley
Residential 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-2025-0058 S. FUTRALL DR & S. ROOT
AVE N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
December 8, 2025
RZN-2025-0058 (BARNES FAMILY TRUST)
Page 8 of 14
STONE ST
F
U
T
R
A
L
L
D
R
S
H
I
L
O
H
D
R
4
9
4
9
Neighborhood Link
Freeway/Expressway
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Design Overlay District
Current Land Use
RZN-2025-0058 S. FUTRALL DR & S. ROOT AVE N
0 225 450 675 900112.5
Feet
Subject Property
Multi-Family Residential
Undeveloped
1:3,600
Planning Commission
December 8, 2025
RZN-2025-0058 (BARNES FAMILY TRUST)
Page 9 of 14
ECOLOGICAL DESIGN GROUP WWW.ECOLOGICALDG.COM
Ecological Design Group
216 West Birch St,
Rogers, AR 72756
Date: 10/28/2025
Project: Futrall - Rezoning
Parcel Number: 765-14618-000
EDG Project No: #25-062
RE: Rezoning Request
To whom it may concern:
Ecological Design Group, on behalf of the Barnes Family Trust, requests the rezoning of parcel #765-
14618-000, from RSF-4 (Residential Single Family, four units per acre) to C-S (Community Services).
The property is currently zoned RSF-4 and is bordered by RSF-18 and RMF-24 zones to the south and
east, R-A to the north, and South Futrall Drive and Interstate 49 to the west. The proposed C-S zoning
would allow for a mix of commercial and residential uses, aligning with the surrounding medium -high
density residential zones and complementing the existing commercial zoning across I -49 to the northwest
and southwest.
The proposed C-S zoning is compatible with surrounding land uses and therefore is not expected to
negatively impact neighboring properties. Instead, it would enable the property to serve nearby
residential areas with commercial services, while also supporting residential development consistent with
adjacent zoning.
Sincerely,
Molly Pace
(479) 441-0197
Planning Commission
December 8, 2025
RZN-2025-0058 (BARNES FAMILY TRUST)
Page 14 of 14
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Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
01/13/2026
4:46 PM
Jonathan Curth, Development Services
Director
City Council
01/20/2026
2025-2623
N/A
1362 1361
136013591358
1357135613551354
13531352
1351
1350
1349
13481347
1346
1345
1344
1343
1342
1341
1340
1339
1338
1337
1336
1335
1334
1333
133213311330
1329
1328132713261325
132413231322
1321
1320
1319
1318
1
3
1
7
1317
1
3
1
6
13161315
1314
1314
1313
1313131
2
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1
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13
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9
13
0
8
1307
1
3
0
7
1306
1
3
0
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1305
13
0
5
13
0
4
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3
13
0
2
1301
1301
1
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0
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1
2
9
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1297
129
6
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9
5
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4
1
2
9
4
1
2
9
3
1292
1
2
9
2
1291
1290
1290
S 86°59'46" E 1315.87'
N
0
2
°
5
0
'
2
8
"
E
5
9
8
.
5
1
'
S 87°10'29" E 1289.13'
S
0
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4
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North Ring = 1298.62'
FL (Out) = 1292.33'
Floor = 1292.89'
North Ring = 1298.05'
FL (Out) = 1289.61'
Floor = 1291.73'
North Ring = 1292.94'
FL (Out) = 1284.21'
Floor = 1286.38'
Concrete base broken
North Ring = 1288.05'
FL (Out) = 1277.73'
Floor = 1280.318'
Curb Inlet
North Ring = 1299.87'
FL = 1295.27'
Curb Inlet
North Ring = 1299.97'
FL = 1295.03'
FL = 1295.10'
FL = 1295.35'
24" RC
P
FL = 1296.25'
FL = 1296.58'
18" CMP
FL = 1292.37'
Curb Inlet
North Ring = 1297.03'
FL = 1292.88'
FL = 1289.22'
FL = 1288.56'
Curb Inlet
North Ring = 1293.17'
FL = Unknown
(Full of silt)
FL = 1290.43'
FL = 1290.92'
1
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"
C
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18" RC
P
End of concrete
sidewalk
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Found Stone with chiseled "X" for the
Northwest Corner of the NE ¼, SE ¼
of Section 18, T-16-N, R-30-W.
Calculated Point for the Northwest Corner of the NE ¼, SE
¼ of Section 18, T-16-N, R-30-W based on previous
survey by PS #1507 (State Survey Doc #202005295742).
Found Stone with chiseled "X" for the Northeast Corner
of the NE ¼, SE ¼ of Section 18, T-16-N, R-30-W.
20" Dead Witness Tree-N04°57'E, 6.9'
Fence Corner-N70°44'E, 0.7'
Found ½" Rebar for the Southeast Corner of the
NE ¼, SE ¼ of Section 18, T-16-N, R-30-W.
Curb Inlet-N50°50'W, 11.8'
Curb Inlet-S23°44'W, 27.0'
28'± Wide Curb & Gutter
South Root Avenue
Southern View Apartments
Parcel #765-14619-000
Markham Residential Owner, LLC
Parcel #765-14595-000
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1259.13'
30'
30'
S
0
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°
4
4
'
5
5
"
W
3
3
1
.
1
8
'
25' Wide Easement
Exception #11 & Exception #12
30
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TBM #1
TBM #2
15' Front Setback
5' Side Setback
5' Side Setback
15' Rear Setback
N
2
0
°
4
9
'
0
2
"
W
3
0
1
.
4
0
'
N 27°07'00" W
63.52'
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Surveyed
9.02 Acres ±
Point of Commencement
P.O.B. Surveyed Legal
I
-
4
9
This section of water line
based on Utility GIS Map
258.63'
129.95'
N 87°10'21" W 1137.00'
1107.00'
S
.
F
U
T
R
A
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L
D
R
I
-
4
9
H
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S.
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STONE ST
ORLANDO DRS.
M
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B
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L
N
AWW
1 of 11" = 80'
JDC
BOUNDARY TOPO CONSTRUCTION
UATTLEBAUM
301 EAST LINCOLN AVE.
SEARCY, ARKANSAS 72143
(501) 268-2174 (501) 279-3698 FAX
25-106 (18-16-30) Wells
4/25/254/25/25
STATE OF
ARKANSAS
NO. 1737
SIGNATURE
R E G I STERE
D
PRO
F
E
S
S
I
O
NAL L A N D S U RVEYOR
A
D
A
M
W . W H I T L OW
BASIS OF BEARINGS DERIVED FROM GPS AR NORTH.
ELEVATIONS DERIVED FROM NAVD 88.
SURVEY CODE:
500-16N-30W-0-18-210-72-1737
ALTA/NSPS LAND TITLE
SURVEY
SURVEYING, LLC
Property Description
FURNISHED (Title Commitment #2502791-106 by Stewart Title Guaranty Company):
North Half of the South Half of the Northeast Quarter of the Southeast Quarter in Section Eighteen (18),
Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas containing ten (10)
acres, more or less. Less and except a strip thirty (30) feet wide off the East side of above tract for road;
also except two (2) tracts taken by Highway I-540 as set out in Order of Possessions filed in/as Judgement
74-933 in CV79-1278 and filed in/as Judgement 67-73 in CV80-606.
ALSO LESS AND EXCEPT: Part of the Northeast Quarter of the Southeast Quarter of Section 18, Township
16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at
the Southwest Corner of the Northeast Quarter of the Southeast Quarter of Section 18; thence North 1°23'
West along the West line thereof a distance of 330.2 feet to the POINT OF BEGINNING; thence continue
North 1°23' West along said West line a distance of 236.5 feet to a point on the Northeasterly proposed
right of way line of the Fayetteville Loop; thence South 24°31' East along said proposed right of way line a
distance of 28.3 feet to a point; thence South 32°25' East along said proposed right of way line a distance
of 246.3 feet to a point; thence South 88°54' West a distance of 138.1 feet to the POINT OF BEGINNING
and containing 0.36 acres, more or less.
AS SURVEYED DESCRIPTION:
A part of the N ½ of the S ½ of the NE ¼ of the SE ¼ of Section 18, T-16-N, R-30-W, Washington County,
Arkansas, being more particularly described as follows: Commencing at a found stone for the Northeast
Corner of the NE ¼, SE ¼; thence S02°48'01"W along the East line of said NE ¼, SE ¼ a distance of
656.59 feet to a found stone for the Northeast Corner of the N ½, S ½, NE ¼, SE ¼; thence N87°10'29"W
along the North line of said N ½, S ½, NE ¼, SE ¼ a distance of 30.00 feet to a set ½" rebar (capped PS
#1737) for the POINT OF BEGINNING; thence S02°44'55"W a distance of 331.18 feet to a set ½" rebar
(capped PS #1737) on the South line of the N ½, S ½, NE ¼, SE ¼; thence N87°10'21"W along said South
line a distance of 1107.00 feet to a found ½" rebar (PS #1252) at the intersection of said South line and the
East right of way line of Highway I-49 and Futrall Drive; thence along said right of way line the following 2
courses: (1) N27°07'00"W a distance of 63.52 feet to a found right of way monument; (2) thence
N20°49'02"W a distance of 301.40 feet to a found right of way monument at the intersection of said right of
way line and the North line of the N ½, S ½, NE ¼, SE ¼; thence S87°10'29"E along said North line a
distance of 1259.13 feet to the point of beginning, containing 9.02 Acres, more or less, as shown on survey
by PS #1737. Subject to all existing easements for roads or other purposes.
To: Fortis Development Company, LLC, Barnes Family Trust, Waco Title Company and Stewart Title Guaranty
Company:
This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2021
Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by
ALTA and NSPS, and includes items 1, 2, 3, 4, 5, 6(a), 8, 11(b) and 13 of Table A thereof. The field work was
completed on April 17th, 2025.
Dated:4-25-2025 Adam Whitlow PS #1737:
Surveyor's Certificate
I certify that this plat represents a survey in April, 2025, by me or under my supervision from existing
monuments and plats in the area, meets applicable Relative Positional Accuracy Standards, and is true and
correct based on existing monuments at the time of completion.
NOTES:
1.This survey is a re-tracement of a parcel listed in Deed 2002028098.
2.This survey and certification is the property of the surveyor and is intended for the use and
benefit of the surveyor and the clients listed.
3.The certification of this survey expires ninety days from the date of the surveyor's signature for
the purpose of new or revised financing.
4.All iron pins set are ½" Rebar, unless noted otherwise.
5.Only copies with surveyor's signature in blue ink are valid copies.
6.This research completed for this survey includes the description furnished by clients (Book
2002028098), and previous surveys by PS #1507.
7. Surveyor has made no investigation or independent search for easements of record,
Encumbrances, restrictive covenants, ownership, title evidence, or any other facts that an
Accurate and current title search may disclose.
8.The subject property has direct access to Futrall Drive and South Root Avenue, publicly dedicated
and maintained right of ways.
General Notes
1.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created,
attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are
met. - NOT A SURVEY MATTER
2.General and special taxes for the year 2025 and subsequent years which are not yet due and payable. Taxes for the year 2023
and prior years are paid.- NOT A SURVEY MATTER
3.Encroachments, violations, variations, overlaps, boundary line disputes, and any matters which would be disclosed by an
accurate survey and inspection of the premises. - AS SHOWN ON SURVEY
4.Easements, or claims of easements, not shown by the Public Records of which would be disclosed by an accurate survey and
inspection of the premises. - AS SHOWN ON SURVEY
5.Rights of claims of parties in possession not shown by the Public Records. - NOT PLOT-ABLE
6.Rights of tenants in possession under unrecorded leases solely as tenants and solely with respect to space occupied by each
such tenant, (together with non-exclusive rights in common with other tenants in areas used by all tenants). - NOT A SURVEY
MATTER
7.Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the
Public Records. - NOT A SURVEY MATTER
8.Taxes or especial assessments, if any, which are not shown as existing liens by the Public Records. - NOT A SURVEY
MATTER
9.Loss arising from security interest evidenced by Financing Statements and Liens filed of record as of the effective date thereof,
under the Arkansas Uniform Commercial Code in the State of Arkansas. - NOT A SURVEY MATTER
10.Loss arising from and/or resulting from oil, gas and/or all other minerals, conveyed, retained, leased, assigned or any other
activity concerning the sub-surface rights or ownership, including but not limited to the right of ingress and egress for said
sub-surface purposes. - NOT A SURVEY MATTER
11.Easement in favor of City of Fayetteville, Arkansas, dated February 12, 1981, and filed for record February 13, 1981 in/as
Record Book 1036 and Page 94 among the land records of Washington County, AR. - AS SHOWN ON SURVEY
12.Right of Way Grant in favor of City of Fayetteville, Arkansas, dated September 22, 1979, and filed for record September 20,
1979 in/as Record Book 1000 at Page 674 among the land records of Washington County, AR. - AS SHOWN ON SURVEY
13.Subject to access restrictions set out in Warranty Deed in favor of Arkansas State Highway Commission, dated June 19, 1967,
and filed for record June 19, 1967 in/as Record Book 708 at Page 291 among the land records of Washington, County, AR. -
DOES NOT EFFECT SUBJECT PROPERTY
14.Subject to reservations in Warranty Deed in favor of Howard Barnes, dated February 29, 1940, and filed for record March 31,
1945 in/as Record Book 345 at Page 334 among the land records of Washington County, AR. - AS SHOWN ON SURVEY
15.Rights of Public and others to use that portion of subject property, if any, lying within the roadway on S Futrall Road on West &
I-540 (now Interstate 49) on West side of subject property. - AS SHOWN ON SURVEY
SCHEDULE B EXCEPTIONS
Referenced in Title Commitment 2502791-106 with an effective date of Mach
7th, 2025, issued by Stewart Title Guaranty Company.
OPTIONAL TABLE 'A' ITEMS
ITEM NO.REQUIREMENT RESPONSE
Monuments placed (or a reference monument or witness to the
corner) at all major corners of the boundary of the surveyed
property, unless already marked or referenced by existing
monuments or witnesses in close proximity to the corner.
Address(es) of the surveyed property if disclosed in
documents provided to or obtained by the surveyor, or
observed while conducting the fieldwork.
Flood zone classification (with proper annotation based on
federal Flood Insurance Rate Maps or the state or local
equivalent) depicted by scaled map location and graphic
plotting only.
Gross land area (and other areas if specified by the client).
If the current zoning classification, setback requirements, the
height and floor space area restrictions, and parking
requirements specific to the surveyed property are set forth in a
zoning report or letter provided to the surveyor by the client or the
client's designated representative, list the above items on the plat
or map and identify the date and source of the report or letter.
Substantial features observed in the process of conducting
the fieldwork (in addition to the improvements and features
required pursuant to Section 5 above) (e.g., parking lots,
billboards, signs, swimming pools, landscaped areas,
substantial areas of refuse).
Evidence of underground utilities existing on or serving the
surveyed property as determined by:
markings coordinated by the surveyor pursuant to a private
utility located request
All set & found monuments shown on plat
Futrall Drive
Fayetteville, Arkansas
Zone X (see flood note)
9.02± Acres
See Zoning Information Note
Shown on plat
Shown on plat based on field locates.
BASED ON INFORMATION PROVIDED BY THE CITY OF
FAYETTEVILLE THE SUBJECT PROPERTY LIES IN ZONE RSF-4.
SETBACKS
FRONT = 15'
SIDE = 5'
REAR = 15'
BUILDING HEIGHT MAXIMUM = 3 STORIES
BASED UPON REVIEW OF THE NATIONAL FLOOD
INSURANCE PROGRAM (NFIP), FLOOD INSURANCE RATE
MAP (FIRM); PANEL 05143C 0215G, EFFECTIVE JANUARY 25,
2024, THIS PROPERTY LIES WITHIN ZONE X.
ZONING INFORMATION:
SITE BENCHMARKS
TBM #1
Sewer Manhole North Ring
Northing:636127.01
Easting:662823.75
Elevation:1292.94'
TBM #2
Mag Nail in Curb
Northing:635997.96
Easting:663917.48
Elevation:1314.91'
Legend
Found ½" Rebar (unless noted)
Found Stone with Chiseled "X"
Set ½" Rebar (capped #1737)
Calculated Point
Power Pole
Water Valve
Fire Hydrant
Water Meter
Sanitary Sewer Manhole
Sanitary Sewer Line
Water Line
Gas Line
Fence Line
Storm PipeGuy Wire
Overhead Power Line
Right of Way Line
Found Right of Way Monument
FLOOD CERTIFICATION NOTE:
1
2
3
4
5 Vertical relief with the source of information (e.g., ground survey,
aerial map), contour interval, datum, with originating benchmark,
when appropriate.
Ground survey elevations with 1'
interval contours - NAVD 88
6(a)
8
11(b)
Storm Drain Manhole
Fiber Optic Sign
VICINITY MAP (1" = 500')
Names of adjoining owners according to current tax records.
If more than one owner, identify the first owner’s name listed
in the tax records followed by “et al.”
Shown on plat13
4/25/25
Forth 0.55
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number #: 571737
PO #:
Matter of. ORD 6962
AFFIDAVIT • STATE OFARKANSAS
I, 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 ofARKANSAS; that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of
ORD 6962
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 $89.68.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 01125126, NWA nwaonline.com 01125126
BRASAY�111
Legal Clerk ; o
State ofARKANSAS, County of Sebastian SA,®Y ': a
Subscribed and sworn to before me on this 26th day of January, 2026 n PUB\, (b,; Q \_
1
/1011111100
NOT Y PUBLIC
Ordinance: 6962
File Number: 2025-2623
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2025-
58 FOR APPROXIMATELY 9.02
ACRES LOCATED AT SOUTH FU-
TRALL DRIVE AND SOUTH ROOT
AVENUE IN WARD 1 FROM RSF-
4, RESIDENTIAL SINGLE-FAMILY,
4 UNITS PER ACRE TO NS-G,
NEIGHBORHOOD SERVICES -
GENERAL
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
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 RSF-4, Residential
Single -Family, 4 Units Per Acre
to NS-G, Neighborhood Services
— General.
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 Section 1.
PASSED and APPROVED on
January 20,2026
Approved:
Molly Rawn, 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: $89.68
January 25, 2026 571737