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Home My WebLink About132-26 RESOLUTION Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 132-26 File Number: 2026-1662 A RESOLUTION TO GRANT THE APPEAL SUBMITTED BY SWARM AERO AND DETERMINE THAT USE UNIT 22 MANUFACTURING IS THE MOST APPROPRIATE CLASSIFICATION FOR THIS BUSINESS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal submitted by Swarm Aero and determines that Use Unit 22, Manufacturing is the most appropriate classification for this business. PASSED and APPROVED on May 19, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-1662 MEETING OF MAY 19, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Planning Director SUBJECT: APPEAL: BOA-2026-0002: Board of Adjustment (3660 S. SCHOOL AVE/HANNA’S CANDLE COMPANY, 756): Submitted by SWARM AERO for property located at 3660 S. SCHOOL AVE. in WARD 1. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 15.0 acres. The request is an appeal of a Board of Adjustment determination of use. RECOMMENDATION: City Planning staff recommend that City Council find in favor of the appellant and determine that Use Unit 22 is the most appropriate classification for this business. BACKGROUND: The subject property is in south Fayetteville on S. School Avenue, just north of Drake Field, the City of Fayetteville’s airport. Containing two parcels with approximately 15.0 acres, the property is zoned I-1, Heavy Commercial and Light Industrial, and is currently developed with a light industrial building that County records indicate was constructed in the mid-1950s. The structure has historically been used for manufacturing purposes, specifically Use Unit 22 per the Unified Development Code, dating back to the operation of an electrical components manufacturer and distribution center (Cooper Power System) which opened in 1954. Following closure in 2016, it appears that Hannah’s Candle, a candle manufacturing company applied for but, failing to receive a final Fire Marshal inspection, was never issued a City business license at this location. Another electronic manufacturing company, Keytronics, was issued a business license at that location in 2018. Following the business’ relocation to Springdale, the license was officially revoked in 2026. Hannah’s Candle Company is still listed as the property owner of record. Request: The request is an appeal of a determination by the Board of Adjustments on a zoning use classification for a drone manufacturing facility. Originally classified as Use Unit 22 by the Zoning and Development Administrator, the Board ruled in favor of a member of the public who appealed that classification. The Board did not determine the appropriate classification. Public Comment: Staff has received public comment in opposition on this item, following the initial approval of the business license. Written communication is attached to this memo. DISCUSSION: At the April 6, 2026 Board of Adjustments meeting, a vote of 3-1-0 (Fox voting no) approved an appeal of staff’s initial determination of use. The appeal was submitted by resident Jesse Buchanan with Councilmember Sarah Moore. Board member Fox voted in favor of upholding staff’s determination, while the three other Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov present members voted in favor of granting the appeal. Board member Norman provided an outline and a recommendation for Use Unit 31, which the City Attorney indicated would not be an appropriate use due to the City’s limitation in regulating pollution. No other Use Units for consideration were offered by the Board. Lacking an alternative that is consistent with the stated Use Unit 22 description within existing zoning code or prior application of that zoning code, staff find that Use Unit 22 remains the most appropriate classification for drone manufacturing based on the applicant's provided information. Use Unit 22 "consists of industrial uses which usually generate some adverse environmental effects and for this reason they should be located away from uses which do not produce adverse effects." This description covers light to moderate industrial fabrication and assembly, including fabricated metal products, machinery, or transportation equipment. After further conferring with and touring the Swarm Aero facility following the April 6 Board of Adjustment decision, staff were informed that the onsite manufacturing process will involve assembly of lightweight components, fabrication of small mechanical parts, and research and development of various carbon fiber weaving technologies. Comparatively, Use Unit 23, Heavy Industrial, is reserved for heavy industrial uses with great environmental impacts, such as foundries, petroleum processing, or demolition services. None of these heavy industrial activities are planned with the applicant’s business activities. Further, the applicant does not intend to perform test flights, or modify the property and its onsite structure in ways staff finds to have adverse impact. Should flights occur in the future, they would take place at Drake Field Airport and are regulated as necessary by the Federal Aviation Administrion (FAA). BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Appeal Letter, 4. Exhibit A, 5. Legal Memo - Use Unit 31, 6. Mayor Memo to City Council, 7. BOA Staff Report Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-1662 A RESOLUTION TO GRANT THE APPEAL SUBMITTED BY SWARM AERO AND DETERMINE THAT USE UNIT 22 MANUFACTURING IS THE MOST APPROPRIATE CLASSIFICATION FOR THIS BUSINESS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal submitted by Swarm Aero and determines that Use Unit 22, Manufacturing is the most appropriate classification for this business. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 ERNESTLANCASTER DR MC C O L L U M A V E SCHOOL AVE R-A I-1 Regional Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View BOA-2026-0002 3660 S. SCHOOL AVE N 0 150 300 450 60075 Feet Subject Property 1:2,400 EXHIBIT A Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Date: April 16, 2026 To: Members of the City Council; City Attorney Kit Williams CC: Mayor’s Direct Reports Yesterday, Swarm Aero filed a notice of appeal regarding the decision by the Board of Adjustments on April 6th. In Fayetteville, all businesses must obtain a business license. Once a business applies for a license, our staff conducts a zoning review to ensure the business is operating in the right zone. When Swarm Aero applied for a business license, our professional and competent city staff performed a thorough and careful review just as they do for all businesses opening in the city. The business license for Swarm Aero was approved fairly and, as stated by the City Attorney, in accordance with the law. I remain supportive of my staff, as well as staff in the City Attorney’s office, for their dedication and adherence to all local and state regulations. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 TO: Board of Adjustment FROM: Jessie Masters, Planning Director MEETING DATE: April 6, 2026 SUBJECT: BOA-2026-0002: Board of Adjustment (3660 S. SCHOOL AVE/HANNA’S CANDLE COMPANY, 756): Submitted by JESSE BUCHANAN for property located at 3660 S. SCHOOL AVE. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 15.0 acres. The request is an appeal of staff’s determination of a proposed use. RECOMMENDATION: Staff recommends denial of BOA-2026-0002, upholding staff’s determination of use classification. RECOMMENDED MOTION: “I move to approve BOA-2026-0002.” BACKGROUND: The subject property is in south Fayetteville on S. School Avenue, just north of Drake Field, the City of Fayetteville’s airport. Containing two parcels with approximately 15.0 acres, the property is zoned I-1, Heavy Commercial and Light Industrial, and is currently developed with a light industrial building that County records indicate was constructed in the mid-1950s. The structure has historically been used for manufacturing purposes, specifically Use Unit 22 per the Unified Development Code, dating back to the operation of an electrical components manufacturer and distribution center (Cooper Power System) which opened in 1954. Following closure in 2016, it appears that Hannah’s Candle, a candle manufacturing company applied for but, failing to receive a final Fire Marshal inspection, was never issued a City business license at this location. Another electronic manufacturing company, Keytronics, was issued a business license at that location in 2018. Following the business’ relocation to Springdale, the license was officially revoked in 2026. Hannah’s Candle Company is still listed as the property owner of record. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North State of Arkansas (National Guard) I-1, Heavy Commercial and Light Industrial South Undeveloped/Airport I-1, Heavy Commercial and Light Industrial East Rural/Undeveloped/Industrial R-A, Residential Agricultural; I-1, Heavy Commercial and Light Industrial West Industrial I-1, Heavy Commercial and Light Industrial DISCUSSION: Request: In December 2025, a new tenant at the subject property, Swarm Aero, applied for a commercial business license as an “aerospace research and development” organization for drone manufacturing. City planning staff performed a standard zoning compliance check and found the Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 1 of 51 Updated with results Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 most appropriate use to apply to the application was for Use Unit 22, Manufacturing. A member of the public with support from a City Councilperson is appealing staff’s determination of use, contesting that the applicant’s on-site activities will exceed those typically found under that classification, and would be more akin to a facility that handles explosives or creates excessive nuisance affects on the surroundings. Public Comment: Staff has received public opposition to the issuance of the business license, with comment contesting that the business operations fall under the provided use classification. Written comment received by City staff is attached to this report. RECOMMENDATION: Staff recommends denial of BOA-2026-0002, upholding staff’s determination of the use classification. ____ City Plan 2040 Future Land Use Designation: Industrial FINDINGS: As outlined in 162.02(B), when a use is not specifically classified in the City’s use schedule, it is the responsibility of the Zoning and Development Administrator to determine the appropriate designation. Code does not recognize drone manufacturing as an independent use, so staff evaluated the application materials submitted by the business to make a determination. Business license applications take the form of a multi-step review process. City Planning, the City’s Fire Marshal, and, if necessary, the Accounting Division for businesses remitting HMR tax, review business licenses according to relevant codes. For each business license issued by the City, Planning staff perform a zoning check, which relies primarily on the applicant’s submitted information and cross-referencing the City’s zoning ordinance for guidance on applying an appropriate use. In instances where there may be zoning discrepancies or additional information required, Planning staff will reach out directly to the applicant for clarification, rely on precedent for similar uses, or confer with other planners for institutional knowledge. Further, if a use is not permitted by zoning code, staff may direct an applicant to apply for a conditional use permit, if permissible in a specific zoning district, or recommend that the applicant rezone their property, or seek an alternative location where the use is permitted by-right. Each planner’s determination is then reviewed by the Planning Director prior to approval. In this instance, planners discussed the application internally and came to a consensus that Use Unit 22 is consistent with the application materials that were submitted. Prominently, the applicant noted that there would be no flammable or explosive materials handled, which can lead to a different use unit designation with corresponding zoning implications. Use Unit 22 includes fabricated metal and structural products, like fire control, transportation, machinery, and HVAC BOARD OF ADJUSTMENT ACTION: ” Approved ” Denied ” Tabled Date: April 6, 2026 Motion: Second: Vote: Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 2 of 51 Young Ata 3-1-0 (Fox voted no) X Staff's determination was overturned. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 equipment. Accordingly, City staff found Swarm Aero’s stated business activities to accurately align with this. Alternatively, other use units that could have been considered may have been Use Unit 23, Heavy Industrial, or Use Unit was 42, Clean Technologies, which includes research and development, but not manufacturing. Use Unit 42 is also permitted in the I-1 zoning district. Use Unit 23 would require a rezone to I-2, General Industrial, and Use Unit 31 would require both a rezoning and an additional conditional use permit. With the application materials submitted, there was no indication that the business intended to handle explosives, emit noxious odors, or would otherwise qualify the business as a land use other than Use Unit 22 Manufacturing. The Fayetteville Fire Marshal also investigated the property prior to business license issuance and found no evidence to support that the type of work performed on site would require a more intensive use classification. Prior to this hearing, the applicant provided an additional description of the proposed site activities, and it is attached to this report. Should the Board choose to grant the applicant’s appeal, the business license would likely require revocation if the applicant chose to remain at the location but is were unable to rezone their property or receive a necessary conditional use permit for this stated location. Following this, if the Board finds in favor of the appellants and applies a different use classification, then the applicant may also seek a relocation to a zoning district that allows the use by-right within the City limits. Should the Board choose to find in favor of staff’s determination, the business license will remain active. However, in the future, if the business activities are found to change in a manner that moves them out of zoning compliance, code outlines a specific set of opportunities for revocation under chapter 118.03 – Suspension and Revocation of Business License. BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o 161.30 District I-1, Heavy Commercial And Light Industrial o 162: Use Units • One Mile Map • Close-Up Map • Current Land Use Map • Business License Application • Swarm Aero Written Documentation • City Attorney Memo • Request Letter • Public Comment Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 3 of 51 Additional added 4/6/2026 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 161.30 District I-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating places Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 42 Clean technologies Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini-storage units Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 50 feet Front, when adjoining C, 1, or P districts 25 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, 1, or P districts 10 feet Rear 25 feet (F) Height Regulations. There shall be no maximum height limits in I-1 District, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. None. (Ord. No. 6945, §5(Exh. D), 12-16-25) Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 4 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 CHAPTER 162: USE UNITS 162.01 Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right 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 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 11 Manufactured home park Unit 12a Limited business Unit 12b General business Unit 13 Eating places Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping goods 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 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 24 Home occupation Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 30 Extractive uses Unit 31 Facilities emitting odors & facilities handling explosives Unit 32 Sexually oriented business Unit 33 Adult live entertainment club or bar Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini-storage units Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 5 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Unit 48 Private dormitories … (W) Unit 22. Manufacturing. (1) Description. Unit 22 consists of industrial uses which usually generate some adverse environmental effects and for this reason they should be located away from uses which do not produce adverse effects. (2) Included Uses. Fabricated metal products: • Cutlery engraving • Fire control equipment • Guns and related equipment • Machinery • Tanks • Transportation equipment, including body shops Fabricated structural products: • Air conditioning and cooling apparatus • Fabricated wire products • Fire control equipment • Hardware products • Heating apparatus • Metal cans Miscellaneous manufacturing: • Athletic goods • Amusements • Musical instruments • Plated ware • Silverware • Sporting goods • Toys • Textile products • Housing for caretakers … (X) Unit 23. Heavy Industrial. (1) Description. Unit 23 consists of uses which cause the greatest adverse environmental effects because of odor, noise, unsightliness, air pollution and explosions. (2) Included Uses. Manufacturing uses: • Fabricated metal products • Primary metal industries • Textile mill products Processing and sales: • Scrap metal • Refuse Repair service • Tirecapping Wrecking and demolition services Apparel products: • Industrial leather belting Clay products Food and allied products Furniture and allied products Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 6 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Glass products Lumber and wood products: • Millware products • Plywood products • Prefabricated structural wood • Veneer products • Wooden container Paper and allied products: • Paperboard containers Petroleum and related industries: • Coal yard • Lubricating oils and greases Primary metal industry: • Foundry Stone products Housing for caretakers … (FF) Unit 31. Facilities Emitting Odors and Facilities Handling Explosives. * (1) Description. Unit 31 consists of facilities which are heavy industrial in nature, but which have the potential to have adverse effects such as odor or the potential for explosions (2) Included Uses. Manufacturing Uses: Chemical and allied products Food and kindred products: • Animal fats and oils rendering • Beverages distilling • Meat slaughtering and packaging Paper and allied products Rubber and plastic products Processing and sales: Explosives Wholesale and warehousing: Livestock stockyards Explosive materials Apparel products: Leather tanning Chemical and allied products: Any process likely to emit odor or have the potential for explosion Paper and allied products: Building paper and board • Paper Petroleum and related industries: Bulk station and terminal Rubber and miscellaneous plastic products: Inner tubes Tires … (QQ) Unit 42. Clean Technologies. (1) Description. Unit 42 consists of uses that fabricate or produce goods and services that greatly reduce or eliminate negative environmental impacts, create new technologies or improve the productive and responsible use of natural resources. Alternative Energy Fabrication and Storage Components: • Wind • Solar Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 7 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 • Fuel cells • Batteries • Hybrid systems Fabrication or Production of Materials: • Nano Technologies • Solar panels • Computer components, such as microchips • Advanced packaging Research and Development: • Monitoring and control systems • Energy infrastructure management • Energy efficiency management • Materials and recycling management • Transportation logistics • Environmental cleanup and safety • Scientific or high tech research laboratories (Code 1965, App. A., Art. 6 (A), (F); Ord. No. 329, 10-1-85; Ord. No. 3165, 2-4-86; Ord. No. 3341, 3-15-88; Ord. No. 1747, 6-29-70; Code 1991, §§118.01, 160.055; Ord. No. 3546, 4-19-91; Ord. No. 3792, §§2, 3, 5-17-94; Ord. No. 3870, §1 (Ex. A), 2-21-95; Ord. No. 3909, §1, 7-18-95; Ord. No. 3971, §§3, 4, 5-21-96; Ord. No. 4024, §3, 3-18-97; Ord. No. 4034, §§1, 2, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4376, §5 (Ex. E), §6 (Ex. F), 3-5-02; Ord. No. 4423, §1 (Ex. A), 10-02-02, Ord. No. 4728, 7-19-05; Ord. No. 4913, 8-15-06; Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 4946, 11-21-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5203, 12-2- 08; Ord. No. 5195, 11-6-08; Ord. No. 5226, 3-3-09; Ord. No. 5238, 5-5-09; Ord. No. 5312, 4-20-10; Ord. No.5312, 4- 20-10; Ord. No. 5338, 8-3-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5462, 12-6-11, Ord. No. 5668, 3-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5772, 5-19-15; Ord. No. 5921, §§2, 3, 11-1-16; Ord. No. 5945, §§10—14, 1-17-17; Ord. No. 5990, §1, 8-1-17; Ord. No. 6245, §3, 10-15-19; Ord. No. 6427, §§1(Exh. D), 2, 4-20-21; Ord. No. 6624, §1, 11-1-22; Ord. No. 6678, §2, 9-5-23; Ord. No. 6879, §3, 5-20-25) Editor's note(s)—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. 162.02 Interpretation (A) In each use unit division, permitted uses are set forth in the division entitled "Included uses." In the event of a conflict between such divisions and the "description" divisions, the former shall prevail. (B) In any case where there is a question as to whether or not a particular use is included in a particular use unit, the Zoning and Development Administrator shall decide. A use shall not be interpreted as being in any use unit if it is specifically listed in another unit in this chapter. (Code 1965, App. A., Art. 6(B); Ord. No. 1747, 6-29-70; Ord. No. 2181, 1-6-76; Code 1991, §160.056; Ord. No. 4100, §2 (Ex. A), 6-16-98 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 8 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 SC H O O L A V E WILLOUGHBY RD M A I N AV E SCHOOL AVE M A I N A V E C-2 R-A I-1 RSF-4 RPZD P-1 Regional Link Neighborhood Link Unclassified Residential Link Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area One Mile View BOA-2026-0002 3660 S. SCHOOL AVE N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 9 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 ERNESTLANCASTER DR MC C O L L U M A V E SCHOOL AVE R-A I-1 Regional Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View BOA-2026-0002 3660 S. SCHOOL AVE N 0 150 300 450 60075 Feet Subject Property 1:2,400 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 10 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 ERNEST LANCASTER DR SCHOOLAVE WILLOUGHBY RD MAINAVE 2025 Imagery | EagleView Technologies | Surdex Corporation Regional Link Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Current Land Use BOA-2026-0002 3660 S. SCHOOL AVE N 0 225 450 675 900112.5 Feet Subject Property Agricultural Institutional Industrial Commercial 1:3,600 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 11 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 SCREENSHOTS FROM BUSINESS LICENSE Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 12 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 SCREENSHOTS FROM BUSINESS LICENSE Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 13 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 SCREENSHOTS FROM BUSINESS LICENSE Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 14 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 SC R E E N S H O T S F R O M BU S I N E S S L I C E N S E Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 15 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 SC R E E N S H O T S F R O M BU S I N E S S L I C E N S E Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 16 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Who Are We? Swarm Aero is an American aerospace manufacturer founded in 2022 and headquartered in Oxnard, California. We design and manufacture large uncrewed aircraft as well as the software that enables these - and other - vehicles to be operated more efficiently. Founders: Danny Goodman Peter Kalogiannis Oliver Palmer Why Arkansas? ● We evaluated more than 20 states before choosing Arkansas and settling in Fayetteville. Each day we're reminded we made the right call. ● From our university partners to our neighbors at Drake Field to the civic leaders who joined us for our ribbon cutting — we are proud of the relationships we are building here. ● We are not just operating here. We are investing here, hiring here, and building something we believe this community will be proud of for a long time. ● We are actively hiring across the organization and intend to double our aircraft team in 2026. What Are Our Fayetteville Facilities To Be Used For? Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 17 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 ● Our operations at 3660 S. School are for aircraft manufacturing only: composite fabrication, airframe assembly, and engineering research and development. ● Our aircraft - like any aircraft - are built to carry payloads of a variety of types. We do not manufacture or decide on those payloads. ● There are no explosive materials, no ordnance, and no hazardous chemical emissions associated with our work. ● This kind of aircraft manufacturing happens in many facilities across the country, with no odors emitted When Will We Take Flight? ● We celebrated our ribbon cutting in February 2026 and are working towards having our first flight in the next two years (so by mid-2028) at our development facilities elsewhere ● The only flights that will take place from Fayetteville will be one-way delivery operations where the aircraft takes off from Drake Field, but lands elsewhere at the customer’s site. These flights are years away. No test flights will take place in Fayetteville. For Complete Clarification: ● No weapons manufacturing or testing ● No explosives present ● Not a data center ● A pilot manufacturing facility at which initial flight testing isn’t slated to start til mid-2028 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 18 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 19 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 20 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 21 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 22 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 23 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 24 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 25 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 26 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 27 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 28 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 29 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 30 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 31 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 32 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 1 Masters, Jessica From:Jesse Buchanan <jbuchanancc@gmail.com> Sent:Friday, February 20, 2026 4:27 PM To:Masters, Jessica Cc:Moore, Sarah Subject:Swarm AERO Appeal CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am following up from our call earlier and submitting my request in writing. I would like to request an appeal to the Board of Adjustments regarding Swarm AERO’s authorization to do business in I1 - Heavy Commercial and Light Industrial. According to § 155.06 Appeals from Staff Interpretations and Actions (B) Appeals to the Board of Adjustment, these decisions can be appealed by a council member on behalf of a resident of the city. I have CC’ed council member Moore, of Ward 2, so she may do so on my behalf. Please let me know if there is anything else needed from me. Thank you! -Jesse Buchanan APPLICANT REQUEST LETTER Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 33 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 1 Masters, Jessica From:Pennington, Blake Sent:Wednesday, March 25, 2026 9:51 AM To:Masters, Jessica Subject:FW: I1 questions of objectionable environmental influences Jessie, here is the first email we received from Sarah. Kit’s memo went out the next day. Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington@fayetteville-ar.gov Direct: (479) 575-8312 From: Moore, Sarah <sarah.moore@fayetteville-ar.gov> Sent: Thursday, February 19, 2026 4:44 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: I1 questions of objectionable environmental influences Kit and Blake Good Afternoon. This passage is in the I1 stating industrial uses that do not produce “objectionable environmental influences”. The business, Swarm Aero, that was allowed to be licensed in the city as use unit 22 mfg at 3660 S School has a high likelihood to do this. I am wondering what avenues are available if you think this was allowed to be a by use right given it may be counter to this passage within the UDC for this type of business. Are there re review mechanisms for this license? Are there ways to look further at the business make up for compatibility to what is listed as the type of uses in I1? I don’t think this business is light industrial with the descriptions that I am reading further in the UDC as well for types of business listed. 161.30 - District I-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. APPLICANT REQUEST LETTER Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 34 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 2 Sarah Moore Fayetteville City Council, Ward 2 sarah.moore@fayetteville-ar.gov 479.263.6629 Report a concern with SeeClickFix: https://www.fayetteville-ar.gov/4233/Report-a-Concern-with-SeeClickFix Speak up on City projects: https://speakup.fayetteville-ar.gov/ Voice your feedback to the entire Council and Mayor by emailing: agendaitemcomment@fayetteville-ar.gov Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 35 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment From: Jay Gray <jwgray1000@gmail.com> Sent: Thursday, April 2, 2026 8:12 AM To: Caroline Fox <CarolineF@dcius.pro> Subject: Zoning Concerns Dear Board of Adjustments - I am writing in opposition to the administrative decision that Swarm Aero received a zoning classiflcation of "light industrial" for the property at 3660 S. School Ave at the April 6, 2026 meeting, for the following reasons. 1. The administrative zoning process was manipulated, by imposing secrecy on City employees that represent the citizens, with NDAs. This violates Arkansas policy of freedom of information and open meetings. The administrative process was fatally fiawed and therefore should be referred to City Council for a full public review. 2. Swarm Aero “use” is not “light industrial.” The Uniform Development Code Chapter 162 deflnes “light industrial” to include activities like engraving cutlery or making toys or “amusements.” Autonomous weaponized drones do not flt this deflnition, and should not be allowed to proceed. 3. This project should not have been waved through as if it were a like-for-like substitution for the prior electronic-component assembler, which was a better flt with light industrial zoning. I respectfully ask the Board to flnd that: 1. The Swarm Aero facility was wrongly classifled as “light industrial”; and 2. The change-of-use analysis should have been, but apparently was not, done; and 3. The administrative approval of the Swarm Aero facility was procedurally defective because it was wrongly kept secret, and, for that reason, this matter should be referred to City Council for full public review as a properly noticed agenda item, not mere re-approval by staff; and 4. Certify this matter to the City Attorney for a formal opinion, placed on the public record, to justify the use of NDAs apparently to circumvent Arkansas policy of freedom of information and public meetings. Thank you for your time. Sincerely, Jay W. Gray 272 S. Napier Ave Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 36 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment Fayetteville, Arkansas 72701 4/2/2026 From: Ginny Masullo <masullo.ginny1@gmail.com> Sent: Thursday, April 2, 2026 12:04 PM To: peternormanboa@gmail.com; samcasualmail@gmail.com; Caroline Fox <CarolineF@dcius.pro>; erin.a.adkins@gmail.com; jyoung@odysseynwa.com Subject: Auguments for why AERO SWARM is not Light industry Dear Fayetteville Board of Adjustments, · The repeated claim that everything will be “enclosed,” and therefore flts light industry, just doesn’t fully add up. Manufacturing might happen indoors, but AUS, armed uncrewed vehicles, testing can’t be enclosed. That means noise, safety, and other impacts won’t stay neatly contained inside a building. · Safety. These aren’t tiny hobby drones — they’re large, experimental aircraft. If one crashes, the potential damage is serious. Testing that kind of equipment near neighborhoods, schools and active civilian air traffic feels like an unnecessary risk. My understanding is that this type of testing is usually done in much more isolated areas. · Then there’s the practical issue of transportation. Getting large drones from the factory to the airport would mean using public roads, would it not? . That raises obvious concerns about traffic disruptions, safety, and whether roads might need to be closed from time to time. · Secrecy is another concern. If security requirements lead to restricted access to roads or parts of the airport, that affects the public’s ability to use shared spaces and infrastructure. · Finally, fuel and energy storage shouldn’t be brushed aside. Aircraft fuel and lithium-ion batteries both come with real flre and explosion risks. With these concerns I respectfully submit that AERO SWARM is not a light industry. Ginny Masullo 1837 Rupple Road Fayetteville Ar. 72704 -----Original Message----- From: Celeste <celestenic@yahoo.com> Sent: Wednesday, April 1, 2026 5:50 PM Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 37 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment To: erin.a.adkins@gmail.com; Caroline Fox <CarolineF@dcius.pro>; samcasualmail@gmail.com; peternormanboa@gmail.com Subject: “To Build the largest UAV Swarm on the Planet” Swarm Aeros mission -Zefyron. NO KILLER DRONES IN NWA To the Board of Adjustments: For decision at the April 6, 2026, meeting, I oppose the administrative grant to Swarm Aero of “light industrial” zoning classiflcation at the 3660 S. School property in Fayetteville. My reasons follow. 1. This weapons manufacturer appears to have manipulated the administrative zoning process by imposing secrecy on City employees with NDAs. This violates Arkansas policy of freedom of information and open meetings. The administrative process was, therefore, fatally fiawed and should be referred to City Council for a full public review. 2. Swarm Aero “use” is a galaxy away from “light industrial.” The Uniform Development Code Chapter 162 deflnes “light industrial” to include activities like engraving cutlery or making toys or “amusements.” There is nothing whatsoever “amusing” about autonomous weaponized bombers fiying around our City skies in swarms. 3. Nor should this project have been waved through as if it were a like-for-like substitution for the prior electronic-component assembler. It is long past time to shed some sunshine on this outrage. I respectfully ask the Board to flnd that: 1. The Swarm Aero facility was wrongly classifled as “light industrial”; and 2. The change-of-use analysis should have been, but apparently was not, done; and 3. The administrative approval of the Swarm Aero facility was procedurally defective because it was wrongly kept secret, and, for that reason, this matter should be referred to City Council for full public review as a properly noticed agenda item, not mere re-approval by staff; and 4. Certify this matter to the City Attorney for a formal opinion, placed on the public record, to justify the use of NDAs apparently to circumvent Arkansas policy of freedom of information and public meetings. Thank you for your service. Obviously I’ve copy/pasted, since this was clear and concise, but this all was beyond shocking to learn!! I showed up for the quorum court to oppose an IDA for Washington County. I’m SHOCKED this was snuck through without allowing citizens a voice on this. I hope you will see that the zoning doesn’t flt and this can move forward to try and get this thing out of here!! I don’t want The Natural State to become the War State…even though it seems that may be the trajectory the NWA Council has planned. I will protest this every step of the way any way I can. Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 38 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment Thank you all for listening!, A very concerned citizen Celeste Wharry 479-879-2923 celestenic@yahoo.com (Not sure you need this, but 65 W Ozark Tr. Fay., AR 72701 From: Necia Parker-Gibson <neciap@gmail.com> Sent: Wednesday, April 1, 2026 5:23 PM To: Caroline Fox <CarolineF@dcius.pro> Subject: Fwd: Swarm Aero shouldn’t fiy Swarm Aero is not an appropriate industry for the light industrial category, or for South Fayetteville. It will be water and power intensive where the infrastructure is way behind the growth in population, and no one wants to hear or see military hardware hovering as they come to campus or live and work in the area. Sincerely, Necia Parker-Gibson From: Virginia Hillis <carriagehouseonthetrail@gmail.com> Sent: Wednesday, April 1, 2026 4:15 PM To: Agenda Item Comment <agendaitemcomment@fayetteville-ar.gov> Subject: Drone manufacturing and AI Data bank Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 39 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I want to express my extreme opposition to having our peaceful enlightened city be the home of manufacturing military machines and data storage. This not only makes us vulnerable and a target to who ever the chosen enemy is at the moment it will increase the noise & danger to our streets and skies while increasing the cost for energy and most importantly send the Very wrong distorted message as a city that we believe in violence and war and support it. I don’t want to see these nightmarish robots fiying overhead the soul purpose would be to kill people ! Not a flt for a peaceful college town in the Natural State.Can you just imagine besides local opposition the tourists and parents of UA students flnding out about this crap. The noise alone would bring on PTSD.Don’t ruin our vibe ! Sincerely concerned,Greenway Trail House From: Frank Head <ccisnw@gmail.com> Sent: Monday, March 30, 2026 4:59 PM To: erin.a.adkins@gmail.com; gavin@grsmithcivilengineering.com; Caroline Fox <CarolineF@dcius.pro>; samcasualmail@gmail.com; peternormanboa@gmail.com Subject: Zoning consideration at April 6 meeting Dear Board of Adjustments Member: Re your decision at the April 6, 2026, meeting, I strongly oppose the administrative grant to Swarm Aero of “light industrial” zoning classiflcation at the 3660 S. School property in Fayetteville. My reasons are as follows: 1. This weapons manufacturer appears to have manipulated the administrative zoning process by imposing secrecy on City employees with NDAs. This violates Arkansas policy of freedom of information and open meetings. The administrative process was, therefore, fatally fiawed and should be referred to City Council for a full public review. 2. Swarm Aero “use” is a galaxy away from “light industrial.” The Uniform Development Code Chapter 162 deflnes “light industrial” to include activities like engraving cutlery or making toys or “amusements.” There is nothing whatsoever “amusing” about autonomous weaponized bombers fiying around our City skies in swarms. 3. Nor should this project have been waved through as if it were a like-for-like substitution for the prior electronic-component assembler. It is long past time to shed some sunshine on this outrage. I respectfully ask the Board to flnd that: Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 40 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment 1. The Swarm Aero facility was wrongly classifled as “light industrial”; and 2. The change-of-use analysis should have been, but apparently was not, done; and 3. The administrative approval of the Swarm Aero facility was procedurally defective because it was wrongly kept secret, and, for that reason, this matter should be referred to City Council for full public review as a properly noticed agenda item, not mere re-approval by staff; and 4. Certify this matter to the City Attorney for a formal opinion, placed on the public record, to justify the use of NDAs apparently to circumvent Arkansas policy of freedom of information and public meetings. Thank you for your service. Frank W. Head Jr. 402 West ILA Street Fayetteville AR 72701 From: Phyllis Head <brooklyngirl951@gmail.com> Sent: Monday, March 30, 2026 5:11 PM To: Erin.A.Adkins@gmail.com; gavin@grsmithcivilengineering.com; Caroline Fox <CarolineF@dcius.pro>; samcasualmail@gmail.com; peternormanboa@gmail.com Subject: Please change zoning of Swarm Aero April 6 Dear Board of Adjustments Member: Re your decision at the April 6, 2026, meeting, I strongly oppose the administrative grant to Swarm Aero of “light industrial” zoning classiflcation at the 3660 S. School property in Fayetteville. My reasons are as follows: 1. This weapons manufacturer appears to have manipulated the administrative zoning process by imposing secrecy on City employees with NDAs. This violates Arkansas policy of freedom of information and open meetings. The administrative process was, therefore, fatally fiawed and should be referred to City Council for a full public review. 2. Swarm Aero “use” is a galaxy away from “light industrial.” The Uniform Development Code Chapter 162 deflnes “light industrial” to include activities like engraving cutlery or making toys or “amusements.” There is nothing whatsoever “amusing” about autonomous weaponized bombers fiying around our City skies in swarms. Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 41 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment 3. Nor should this project have been waved through as if it were a like-for-like substitution for the prior electronic-component assembler. It is long past time to shed some sunshine on this outrage. I respectfully ask the Board to flnd that: 1. The Swarm Aero facility was wrongly classifled as “light industrial”; and 2. The change-of-use analysis should have been, but apparently was not, done; and 3. The administrative approval of the Swarm Aero facility was procedurally defective because it was wrongly kept secret, and, for that reason, this matter should be referred to City Council for full public review as a properly noticed agenda item, not mere re-approval by staff; and 4. Certify this matter to the City Attorney for a formal opinion, placed on the public record, to justify the use of NDAs apparently to circumvent Arkansas policy of freedom of information and public meetings. Thank you for your service. Phyllis Head 402 West ILA Street Fayetteville AR 72701 From: panneverland1@protonmail.com <panneverland1@protonmail.com> Sent: Monday, March 30, 2026 9:29 PM To: erin.a.adkins@gmail.com; jyoung@odysseynwa.com; Caroline Fox <CarolineF@dcius.pro>; samcasualmail@gmail.com; peternormanboa@gmail.com; gavin@grsmithcivilengineering.com Subject: A Message from a Concerned Citizen to the Board of Adjustments in regards to Swarm Aero Dear Board members, I am sending this email to you in regards to the upcoming Board of Adjustments meeting that will happen on April 6. On that day, Council member Sarah More and Jesse Buchanan will argue that Swarm Aero does not meet the criteria of a I-1 zoning law and therefore cannot operate under a heavy commercial and light industrial zone. As a concerned citizen of my home town of Fayetteville, Arkansas, I fully support and back the arguments of Sarah More and Jesse Buchanan. I do not support Swarm Aero, nor do I want said drone weapons manufacturing company being placed in my home town. I hope that the board members will carefully consider the arguments of Sarah More and Jesse Buchanan, and will vote in favor of their arguments and against the zoning of Swarm Aero. Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 42 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment Thank you for your time and consideration and I hope you will make the wise decision of not supporting the I-1 zoning of Swarm Aero. Sincerely, Jacob C. Hook Sent with Proton Mail secure email. From: Ginny Masullo <masullo.ginny1@gmail.com> Sent: Monday, March 30, 2026 12:01 PM To: Caroline Fox <CarolineF@dcius.pro> Subject: April 6 appeal re: Wrongful procedure in Swarm Aero zoning Dear Caroline, The approval of Swarm Aero’s zoning raises serious concerns regarding compliance with the Arkansas Open Meetings Act, specifically the requirement that City employees execute nondisclosure agreements. Swarm Aero also does not qualify as “light industrial” under Uniform Development Code Chapter 162, which contemplates substantially different uses. At the April 6, 2026 meeting, the approval of Swarm Aero at 3660 S. School Avenue should be rescinded. Alternatively, the matter should be referred to the City Council for public review and formal action. Additionally, I request that the Board of Adjustment refer this matter to the City Attorney for a formal legal opinion addressing both the zoning classification and the use of nondisclosure agreements, with the opinion entered into the public record. Respectfully, Ginny Masullo 1837 N. Rupple Road Fayetteville, Arkansas 72704 Thank you, Ginny Masullo 1837 N. Rupple Road Fayetteville Arkansas 72704 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 43 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment From: anita schnee <anitafay@gmail.com> Sent: Monday, March 30, 2026 8:25 AM To: Caroline Fox <CarolineF@dcius.pro> Subject: April 6 Swarm Aero: oppose zoning, secrecy: amicus brief To the Board of Adjustments: I am a concerned-citizen attorney living in Fayetteville. For decision at the April 6, 2026, meeting, I oppose the administrative grant to Swarm Aero of “light industrial” zoning classiflcation at the 3660 S. School property in Fayetteville. I attach a brief I have prepared in support of the appeal. This contains the legal citations and analysis in support of my reasoning. Please treat this brief as an “amicus curiae” submission. In summary, my reasons follow. 1. This weapons manufacturer appears to have manipulated the administrative zoning process by imposing secrecy on City employees with NDAs. This violates Arkansas policy of freedom of information and open meetings. The administrative process was, therefore, fatally fiawed and should be referred to City Council for a full public review. 2. Swarm Aero “use” is a galaxy away from “light industrial.” The Uniform Development Code Chapter 162 deflnes “light industrial” to include activities like engraving cutlery or making toys or “amusements.” There is nothing whatsoever “amusing” about autonomous weaponized bombers fiying around our City skies in swarms. 3. Nor should this project have been waved through as if it were a like-for-like substitution for the prior electronic-component assembler. It is long past time to shed some sunshine on this ill-advised project. I respectfully ask the Board to flnd that: 1. The Swarm Aero facility was wrongly classifled as “light industrial”; and 2. The change-of-use analysis should have been, but apparently was not, done; and 3. The administrative approval of the Swarm Aero facility was procedurally defective because it was wrongly kept secret, and, for that reason, this matter should be referred to City Council for full Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 44 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment public review as a properly noticed agenda item, not mere re-approval by staff; and 4. Certify this matter to the City Attorney for a formal opinion, placed on the public record, to justify the use of NDAs that had the effect of circumventing Arkansas policy of freedom of information and public meetings. Thank you for your service. /s/ Anita Schnee P.O. Box 3484, Fayetteville, AR 72702 March 30, 2026 ~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~` Anita Schnee Attorney at Law 479.587.0262 P.O. Box 3484 Fayetteville, AR 72702-3484 ~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~` IMPORTANT: This message is intended for the use of the individual(s) to whom it is addressed. It may contain information that is privileged, confldential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notifled that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone at 479.587.0262. Thank you. The Bar and Supreme Court require all attorneys to notify e-mail recipients that e-mail is not a secure method of communication. ~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~` From: Pattie Williams <zipattie@me.com> Sent: Sunday, March 29, 2026 2:20 PM Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 45 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment To: Caroline Fox <CarolineF@dcius.pro> Subject: April 6 Swarm Aero: oppose zoning classiflcation and secrecy. March 29, 2026 To the Board of Adjustments: For decision at the April 6, 2026, meeting, I oppose the administrative grant to Swarm Aero of “light industrial” zoning classiflcation at the 3660 S. School property in Fayetteville. My reasons follow. 1. This weapons manufacturer appears to have manipulated the administrative zoning process by imposing secrecy on City employees with NDAs. This violates Arkansas policy of freedom of information and open meetings. The administrative process was, therefore, fatally fiawed and should be referred to City Council for a full public review. 2. Swarm Aero “use” is a galaxy away from “light industrial.” The Uniform Development Code Chapter 162 deflnes “light industrial” to include activities like engraving cutlery or making toys or “amusements.” There is nothing whatsoever “amusing” about autonomous weaponized bombers fiying around our city skies in swarms. 3. Nor should this project have been waved through as if it were a like-for-like substitution for the prior electronic-component assembler. It is long past time to shed some sunlight on this outrage. I respectfully ask the Board to flnd that: 1. The Swarm Aero facility was wrongly classifled as “light industrial”; and 2. The change-of-use analysis should have been, but was not, done; and 3. The administrative approval of the Swarm Aero facility was procedurally defective because it was wrongly kept secret, and, for that reason, this matter should be referred to City Council for full public review as a properly noticed agenda item, not mere re-approval by staff; and 4. Certify this matter to the City Attorney for a formal opinion, placed on the public record, to justify the use of NDAs to circumvent Arkansas policy of freedom of information and public meetings. Thank you for your service. Pattie Williams Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 46 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment 1008 W. Grand Blvd., Unit 328 Fayetteville, Arkansas 72704 From: Bayard Blain <bayardguitars@gmail.com> Sent: Sunday, March 29, 2026 2:03 PM To: Caroline Fox <CarolineF@dcius.pro> Subject: Swarm aero Hello I’m a citizen of Fayetteville working to express my concerns. This weapons manufacturer appears to have manipulated the administrative zoning process by imposing secrecy on City employees with NDAs. This violates Arkansas policy of freedom of information and open meetings. The administrative process was, therefore, fatally fiawed and should be referred to City Council for a full public review. 2. Swarm Aero “use” is a galaxy away from “light industrial.” The Uniform Development Code Chapter 162 deflnes “light industrial” to include activities like engraving cutlery or making toys or “amusements.” There is nothing whatsoever “amusing” about autonomous weaponized bombers fiying around our City skies in swarms. 3. Nor should this project have been waved through as if it were a like-for-like substitution for the prior electronic-component assembler. It is long past time to shed some sunlight on this outrage. I respectfully ask the Board to flnd that: 1. The Swarm Aero facility was wrongly classifled as “light industrial”; and 2. The change-of-use analysis should have been, but was not, done; and 3. The administrative approval of the Swarm Aero facility was procedurally defective because it was wrongly kept secret, and, for that reason, this matter should be referred to City Council for full public review as a properly noticed agenda item, not mere re-approval by staff; and 4. Certify this matter to the City Attorney for a formal opinion, placed on the public record, to justify the use of NDAs to circumvent Arkansas policy of freedom of information and public meetings. Thank you for your service. Bayard Blain 19 E 4th Fayetteville AR Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 47 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment 72701 From: Curth, Jonathan <jcurth@fayetteville-ar.gov> Sent: Tuesday, February 17, 2026 4:07 PM To: Moore, Sarah <sarah.moore@fayetteville-ar.gov> Cc: Macedo, Keith <kmacedo@fayetteville-ar.gov> Subject: RE: Swarm Aero Sarah, The process for Swarm Aero was consistent with other commercial business license applications in Fayetteville, with reviews from Planning and the Fire Marshal for zoning and flre protection respectively. Searching “3660 S. School Ave” or “BLC-1079-2025” will bring up the license information in our online portal, although that may list the NAICS (North American Industry Classiflcation System) code and not the local zoning use unit. The Use Unit for this license is 22, Manufacturing. This is permitted by-right in the I-1, Heavy Commercial and Light Industrial zoning district. Thanks, Jonathan Curth, AICP Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 48 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment Development Services Director Development Services Department City of Fayetteville, Arkansas 479.575.8308 jcurth@fayetteville-ar.gov Website l Facebook l Twitter l Youtube From: Moore, Sarah <sarah.moore@fayetteville-ar.gov> Sent: Tuesday, February 17, 2026 1:48 PM To: Curth, Jonathan <jcurth@fayetteville-ar.gov> Cc: Macedo, Keith <kmacedo@fayetteville-ar.gov> Subject: Re: Swarm Aero Thanks Jonathan. I was trying to understand better what the process was when they applied for being a business in Fayetteville. If I look them up in the portal, will I be able to see all the details for that business? Like what use unit they are for the zoning for that space…. Sarah Moore Fayetteville City Council, Ward 2 sarah.moore@fayetteville-ar.gov 479.263.6629 Report a concern with SeeClickFix: https://www.fayetteville-ar.gov/4233/Report-a-Concern-with-SeeClickFix Speak up on City projects: https://speakup.fayetteville-ar.gov/ Voice your feedback to the entire Council and Mayor by emailing: agendaitemcomment@fayetteville-ar.gov From: Curth, Jonathan <jcurth@fayetteville-ar.gov> Date: Tuesday, February 17, 2026 at 10:15 AM To: Moore, Sarah <sarah.moore@fayetteville-ar.gov> Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 49 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment Cc: Macedo, Keith <kmacedo@fayetteville-ar.gov> Subject: Swarm Aero Sarah, Thanks for the message this morning. Development Services does not participate in all stages of business recruitment and I am uncertain what level of that may have occurred with Swarm Aero. Our role is generally limited to the permitting and licensing side. For Swarm Aero, they applied for a business license in mid-December and several sign permits soon thereafter. All have been issued. Otherwise, I am not familiar with any standard we enforce regarding testing or interaction of the business with airspace or the airport, but have copied Keith here in case he has something to add. Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas 479.575.8308 jcurth@fayetteville-ar.gov Website l Facebook l Twitter l Youtube From: Curth, Jonathan <jcurth@fayetteville-ar.gov> Sent: Friday, March 20, 2026 8:32 AM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Jones, D'Andre <dandre.jones@fayetteville- ar.gov>; Stafford, Bob <bob.stafford@fayetteville-ar.gov>; Macedo, Keith <kmacedo@fayetteville- ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>; Hungate, Hannah <hhungate@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: RE: Attached Image All, As a follow-up on the below, please be advised that Fayetteville’s Board of Adjustment will be considering whether staff made the appropriate zoning designation of Swarm Aero at the upcoming April 6th meeting. How a business is designated determines if it is permitted in the underlying zoning district. This is a resident appeal of staff’s determination that Swarm Aero is a manufacturing use, which is permitted by-right in I-1, Heavy Commercial and Light Industrial zoning district. Thanks, Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 50 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 BOA-2026-0002 Compiled public comment Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas 479.575.8308 jcurth@fayetteville-ar.gov Website l Facebook l Twitter l Youtube From: Williams, Kit <kwilliams@fayetteville-ar.gov> Sent: Thursday, March 19, 2026 3:55 PM To: Jones, D'Andre <dandre.jones@fayetteville-ar.gov>; Stafford, Bob <bob.stafford@fayetteville- ar.gov>; Macedo, Keith <kmacedo@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville- ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>; Hungate, Hannah <hhungate@fayetteville-ar.gov> Subject: Fw: Attached Image D'Andre and Bob, Please flnd attached my memo answering D'Andre's questions presented to him by Mr. Gargas. Kit Williams City Attorney City of Fayetteville AR 479-575-8313 Board of Adjustment April 6, 2026 Item 3 BOA-2026-0002 (HANNA'S CANDLE COMPANY) Page 51 of 51 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33