HomeMy WebLinkAboutOrdinance 6398i iiiiiii iiiiii iii I iiiii hill I M hill R hill iiiii iiiii iiiii II I
Doc ID: 019746480018 Type: REL
Kind: ORDINANCE
Recorded: 03/05/2021 at 01:04:01 PM
Fee Amt: $100.00 Pape 1 of 18
Washington County, AR
Kyle Svr Circuit
File �
2021,000V 275
113 West Mountain Street
Fayetteville, AR
(479) 575-8-8323 23
ARCHIVED
Ordinance: 6398
File Number: 2020-1003
RZN 2020-014 (SE OF I-49 & WEDINGTON DR./MARINONI FARM):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 20-014 LOCATED SOUTHEAST OF 149 AND WEDINGTON DRIVE FOR
APPROXIMATELY 112.85 ACRES FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE; RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; R-O,
RESIDENTIAL OFFICE; AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN
THOROUGHFARE AND CS, COMMUNITY SERVICES, SUBJECT TO A BILL OF
ASSURANCE
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 RSF4, Residential Single Family, 4 Units
per acre; RMF-24, Residential Multi Family, 24 Units Per Acre; R-O, Residential Office; and C-2,
Thoroughfare Commercial to UT, Urban Thoroughfare and CS, Community Services, subject to a bill
of assurance.
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 1/5/2021
Page 1 Printed on 118121
Ordinance: 6398
File Number: 2020-1003
Attest: I I r r r
c`C RT y �T'�F �•
•G:
Kara Paxton, City Clerk TreasurTxy .
%;%�•• grySAS
Page 2 Printed on 118121
RZN-2020-000014
Close Up View
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EXHIBITrAr
RZN-2020-000014
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Legend
Hillside -Hilltop Overlay District
Shared Use Paved Trail
Trail (Proposed)
Design Overlay District
Planning Area
L _ _1 Fayetteville City Limits
Building Footprint
Feet
0 180 360 720 1,080
1 inch = 500 feet
o�
MAPLE ST
A&
NORTH
R-A
Zoning
Acres
CS
23.0
UT
84.7
1111111
1,440
Total
107.7
EXHIBITS'
RZN-2020-000014
Legal Descriptions
Escrow File No.: 1511092-106
EXHIBIT "1"
Parcel #s 765-13732-000 and 765-13731-000
TRACT 1:
PART OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION SEVEN (7), TOWNSHIP
SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL
MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION SEVEN (7) AND
PROCEEDING TO A POINT 2,168.52 FEET NORTH AND 8.85 FEET EAST; THENCE
NORTH 89 DEGREES 30 MINUTES 44 SECONDS WEST A DISTANCE OF 215.10
FEET; THENCE NORTH 0 DEGREES 36 MINUTES 00 SECONDS EAST A DISTANCE
OF 25.14 FEET TO THE POINT BEING THE SOUTHEAST CORNER OF CHURCH
PROPERTY, THENCE NORTH 89 DEGREES 26 MINUTES 35 SECONDS WEST
259.28 FEET; THENCE NORTH 0 DEGREES 42 MINUTES 37 SECONDS EAST 410.5
FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF ARKANSAS STATE
HIGHWAY 16; THENCE NORTH 89 DEGREES 30 MINUTES 17 SECONDS WEST
ALONG SAID RIGHT OF WAY LINE 374.97 FEET; THENCE DUE SOUTH 491.58 FEET;
THENCE SOUTH 53 DEGREES 24 MINUTES 49 SECONDS WEST A DISTANCE OF
613.35 FEET; THENCE DUE SOUTH A DISTANCE OF 365.43 FEET; THENCE SOUTH
89 DEGREES 19 MINUTES 52 SECONDS WEST 1102.24 FEET TO A CITY SEWER
PUMP STATION; THENCE DUE SOUTH 7.02 FEET; THENCE SOUTH 89 DEGREES
58 MINUTES 0 SECONDS WEST 54.7 FEET TO A POINT ON THE EAST RIGHT OF
WAY LINE OF U.S. HIGHWAY 71 BYPASS; THENCE FOLLOWING SAID RIGHT OF
WAY LINE SOUTH TO THE INTERSECTING WITH THE SOUTH SECTION LINE OF
SECTION 7; THENCE PROCEEDING EAST ALONG SAID SECTION LINE TO THE
POINT OF BEGINNING. SAID PARCEL CONTAINS 113.13 ACRES, MORE OR LESS.
LESS AND EXCEPT, A SQUARE PARCEL OF LAND BEING 1,000 FEET ON EACH
SIDE AND SITUATED IN THE SOUTHEAST CORNER OF SAID SECTION 7,
TOWNSHIP 16 NORTH, RANGE 30 WEST. SAID PARCEL CONTAINS 22.95 ACRES,
MORE OR LESS, AS DESCRIBED IN LAND DOCUMENT NO. 2003-00056815.
ALSO LESS AND EXCEPT PART OF THE NW 1/4 OF THE SE 1/4 OF SECTION 7,
TOWNSHIP 16 NORTH, RANGE 30 WEST, BEGINNING AT A POINT WHICH IS
NORTH 89 DEGREES 58 MINUTES EAST 100 FEET AND NORTH 10 DEGREES 38
MINUTES EAST 50 FEET FROM THE SW CORNER OF SAID 40 ACRE TRACT, SAID
POINT OF BEGINNING BEING ON THE EASTERLY RIGHT-OF-WAY OF U.S.
HIGHWAY 71 LOOP; THENCE NORTH 10 DEGREES 38 MINUTES EAST 20 FEET
ALONG SAID RIGHT-OF-WAY; THENCE NORTH 27 DEGREES 38 MINUTES EAST 20
FEET ALONG SAID RIGHT-OF-WAY; THENCE NORTH 89 DEGREES 58 MINUTES
EAST 90 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES EAST 37.4 FEET;
THENCE SOUTH 89 DEGREES 58 MINUTES WEST 102.9 FEET TO THE POINT OF
BEGINNING, AS DESCRIBED IN DEED BOOK 888 AT PAGE 771 AND IN DEED BOOK
888 AT PAGE 896.
ALSO LESS AND EXCEPT A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE
SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF THE SOUTHEAST
QUARTER OF SECTION 7; THENCE NORTH 89 DEGREES 51 MINUTES 30
SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF
SECTION 7 A DISTANCE OF 1,314.30 FEET TO THE SOUTHWEST CORNER OF THE
EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE NORTH 00
DEGREES 24 MINUTES 32 SECONDS EAST ALONG THE WEST LINE OF SAID EAST
HALF OF THE SOUTHEAST QUARTER OF SECTION 7 A DISTANCE OF 2,612.41
FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT OF WAY LINE OF STATE
HIGHWAY 112 S; THENCE NORTH 87 DEGREES 51 MINUTES 58 SECONDS EAST
ALONG SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF 51.43 FEET TO A
POINT; THENCE SOUTH 88 DEGREES 53 MINUTES 58 SECONDS EAST ALONG
SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF 403.56 FEET TO A POINT FOR
THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 37 MINUTES 41
SECONDS EAST ALONG SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF
374.97 FEET TO A POINT; THENCE SOUTH 00 DEGREES 35 MINUTES 13 SECONDS
WEST A DISTANCE OF 1.49 FEET TO A POINT ON THE PROPOSED SOUTHERLY
RIGHT OF WAY OF SAID STATE HIGHWAY 112 S; THENCE NORTH 89 DEGREES 37
MINUTES 41 SECONDS WEST ALONG SAID PROPOSED RIGHT OF WAY LINE A
DISTANCE OF 374.95 FEET TO A POINT; THENCE NORTH 00 DEGREES 07
MINUTES 32 SECONDS WEST A DISTANCE OF 1.49 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.01 ACRE, MORE OR LESS, AS DESCRIBED IN
LAND DOCUMENT NO. 95055596.
ALSO LESS AND EXCEPT ANY PORTION OF THE FOLLOWING DESCRIBED TRACT
LYING AND BEING WITHIN THE PERIMETER OF THE FIRST DESCRIBED 113.13
ACRES TRACT: A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE
SOUTHEAST QUARTER (SE 1/4) AND A PART OF THE NORTHEAST QUARTER (NE
114) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH,
RANGE 30 WEST OF THE 5TH PRINCIPAL MERIDIAN AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1389.13 FEET
NORTH AND 1327.61 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 7,
AND PROCEEDING THENCE NORTH A DISTANCE OF 365.43 FEET; THENCE
NORTH 53 DEGREES 24 MINUTES 49 SECONDS EAST A DISTANCE OF 613.35
FEET; THENCE NORTH A DISTANCE OF 491.58 FEET TO A POINT ON THE SOUTH
RIGHT OF WAY LINE OF HIGHWAY 16; THENCE SOUTH 88 DEGREES 51 MINUTES
40 SECONDS WEST ALONG THE SOUTH RIGHT OF WAY LINE OF HIGHWAY 16 A
DISTANCE OF 605.26 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF
HIGHWAY 71 BYPASS; THENCE SOUTH 31 DEGREES 42 MINUTES 00 SECONDS
WEST ALONG THE EAST RIGHT OF WAY LINE OF HIGHWAY 71 BYPASS A
DISTANCE OF 196.78 FEET; THENCE SOUTH 54 DEGREES 00 MINUTES 53
SECONDS WEST ALONG HIGHWAY 71 BYPASS A DISTANCE OF 124.73 FEET;
THENCE SOUTH 66 DEGREES 42 MINUTES 47 SECONDS WEST ALONG HIGHWAY
71 BYPASS A DISTANCE OF 250.07 FEET; THENCE SOUTH 58 DEGREES 05
MINUTES 36 SECONDS WEST ALONG HIGHWAY 71 BYPASS A DISTANCE OF
118.01 FEET; THENCE SOUTH 31 DEGREES 55 MINUTES 51 SECONDS WEST
ALONG HIGHWAY 71 BYPASS A DISTANCE OF 270.30 FEET; THENCE SOUTH 38
DEGREES 05 MINUTES 26 SECONDS WEST ALONG HIGHWAY 71 BYPASS A
DISTANCE OF 156.44 FEET; THENCE SOUTH 30 DEGREES 44 MINUTES 51
SECONDS WEST ALONG HIGHWAY 71 BYPASS A DISTANCE OF 493.00 FEET;
THENCE SOUTH 18 DEGREES 52 MINUTES 44 SECONDS WEST ALONG HIGHWAY
71 BYPASS A DISTANCE OF 18.00 FEET; THENCE NORTH 89 DEGREES 58
MINUTES 00 SECONDS EAST A DISTANCE OF 42.00 FEET; THENCE SOUTH 00
DEGREES 02 MINUTES 00 SECONDS EAST A DISTANCE OF 28.26 FEET; THENCE
NORTH 89 DEGREES 19 MINUTES 52 SECONDS EAST A DISTANCE OF 1102.24
FEET TO THE POINT OF BEGINNING, AS DESCRIBED IN LAND DOCUMENT NO.
95034694.
ALSO LESS AND EXCEPT A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE
SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: COMMENCING AT A POINT NO2°21'40"E 1388.72 FEET AND
N87038'20"W 1326.80 FEET FROM AN ARKANSAS GEOLOGICAL COMMISSION
MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE
N02021'40"E 365.43 FEET; THENCE N55046'29"E 613.35 FEET; THENCE N02021'40"E
490.34 FEET TO THE POINT OF BEGINNING AND RUNNING THENCE S87008'06"E
34 FEET; THENCE S02021'40"W 174.75 FEET; THENCE AROUND A CURVE TO THE
LEFT HAVING A RADIUS OF 116.00 FEET, A LENGTH OF 26.13 FEET, AND A DELTA
ANGLE OF 1205415", THENCE S79027'25"W 37.89 FEET; THENCE N0202114011E
209.41 FEET TO THE POINT OF BEGINNING, CONTAINING 7.009 SQUARE FEET, AS
DESCRIBED IN LAND DOCUMENT NO. 2002052356.
ALSO LESS AND EXCEPT A PART OF THE NORTHWEST QUARTER (NW 1/4) OF
THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A POINT N02021'40"E
1388.72 FEET AND N87038'20"W 1326.80 FEET FROM AN ARKANSAS GEOLOGICAL
COMMISSION MONUMENT MARKING THE SOUTHEAST CORNER OF SAID
SECTION 7, THENCE N02021'40"E 365.43 FEET TO THE POINT OF BEGINNING AND
RUNNING THENCE S34013'31"E 35.03 FEET; THENCE S55046'29"W 26.00 FEET;
THENCE N02021'40"E 43.62 FEET TO THE POINT OF BEGINNING, CONTAINING 455
SQUARE FEET, AS DESCRIBED IN LAND DOCUMENT NO. 2002052357.
TRACT 2:
A part of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas, and
being more particularly described as follows: Beginning at the SE corner of Section 7 and
proceeding to a point 1,000 feet North; thence West, 1000.00 feet; thence South, 1000.00
feet; thence proceeding East along said Section line to the point of beginning, said parcel
containing 22.95 acres, more or less.
Tract 2 being less and except the following tract:
A part of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington
County, Arkansas, more particularly described as follows: Beginning at a point 135 feet
North and 90 feet East of the SW corner of the SE 114 of the SE 1/4 of the SE 114 of
Section 7, T-16-N, R-30-W, Washington County, Arkansas; thence running North 234
feet; thence East 190 feet; thence South 234 feet; thence West 182 feet to the place of
beginning, containing 1 acre, more or less.
TRACT 3:
A part of the SE 1/4 of the SE 1/4 of the SE 114 of Section 7, T-16-N, R-30-W,
Washington County, Arkansas, more particularly described as follows: Beginning at a
point 135 feet North and 90 feet East of the SW corner of the SE 1/4 of the SE 1/4 of the
SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas; thence running
North 234 feet; thence East 190 feet; thence South 234 feet; thence West 182 feet to
the place of beginning, containing 1 acre, more or less.
Escrow File No.: 1804965-106
EXHIBIT "2"
Parcel #s 765-13736-000 and 765-13737-000
TRACT 1:
A part of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas, and
being more particularly described as follows: Beginning at the SE corner of Section 7 and
proceeding to a point 1,000 feet North; thence West, 1000.00 feet; thence South, 1000.00
feet; thence proceeding East along said Section line to the point of beginning, said parcel
containing 22.95 acres, more or less.
Less and Except:
A part of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington
County, Arkansas, more particularly described as follows: Beginning at a point 135 feet
North and 90 feet East of the SW corner of the SE 114 of the SE 114 of the SE 1/4 of
Section 7, T-16-N, R-30-W, Washington County, Arkansas; thence running North 234
feet; thence East 190 feet; thence South 234 feet; thence West 182 feet to the place of
beginning, containing 1 acre, more or less.
TRACT 2:
A part of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W,
Washington County, Arkansas, more particularly described as follows: Beginning at a
point 135 feet North and 90 feet East of the SW corner of the SE 1/4 of the SE 114 of the
SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas; thence running
North 234 feet; thence East 190 feet; thence South 234 feet; thence West 182 feet to
the place of beginning, containing 1 acre, more or less.
EXHIBIT 1 of Marinoni Rezoning, Less and Except the following:
Legal Description for small parcel purchased by ArDOT on 12/11/2019, for Wedington
Intersection Improvement.
Property is now County Parcel # 765-13732-007.
Part of the Northwest Quarter of the Southeast Quarter of Section 7, Township 16
North, Range 30 West, Washington County, Arkansas, more particularly described as
follows:
Commencing at a point being used as the Center South Sixteenth corner of Section 7;
thence South 87 degrees 22'49" East along the South line of the Northwest Quarter of
the Southeast Quarter of Section 7 a distance of 134.88 feet to a point being on the
East right of way line of U.S. Interstate 49 as established by ArDOT Job 4731 for the
POINT OF BEGINNING; thence North 21 degrees 30' 02" East along said right of way
line a distance of 45.24 feet to a point on the East right of way line of U.S. Interstate 49
as established by ArDOT Job BB0411; thence South 13 degrees 27'31" East along said
right of way line a distance of 16.64 feet to a point; thence South 38 degrees 17'28"
West along said right of way line a distance of 33.61 feet to the POINT OF BEGINNING
and containing 216 square feet more or less as shown on ArDOT plans referenced as
Job BB0411.
EXHIBIT'C'
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Center
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BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification, the
owner, developer, or buyer of this property, (hereinafter "Petitioner") Paula Marie Marinoni;
Paul A. & Suellen M. Marinoni; Rosa Linda Robinson; Marla Ann Blake; Amy Jean Woolfolk
(Frank); Lara N. Henry; Mary Sue Shaw, hereby voluntarily offers this Bill of Assurance and
enters into this binding agreement and contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce any
and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and
agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of
Assurance, substantial irreparable damage justifying injunctive relief has been done to the
citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville
Planning Commission and the Fayetteville City Council will reasonable rely upon all of the
terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's
rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville
City Council.
1. The use of Petitioner's property shall be limited to: The east 100 ft. of the property to
be rezoned to CS, (Community Services) will be limited to a maximum of three stories. The east
100 ft. of the property to be rezoned to UT, (Urban Thoroughfare) south of Lancelot Ave., will
be limited to a maximum of three stories and from that 100 ft. line and proceeding to the west an
additional 100 ft., will be limited to a maximum of five stories. Thus, 100 ft. depth on east side
is limited to a maximum of three stories and 100 ft. depth to the west of that is limited to a
maximum of five stories in the UT zone.
2. Other restrictions including number and type of structures upon the property are
limited to N/A
3. Specific activities will not be allowed upon petitioner's property include
N/A
4. (Any other terms or conditions) N/A
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Paula Marie Marinoni, as the owner, developer or buyer (Petitioner) voluntarily offer
all such assurances and sign my name below.
January 5, 2021 Paula Marie Marinoni
Part Owner, Representative
Date
617 W. Lafayette St.
Fayetteville, AR 72701
Address
Printed Name
C
-4�
Signature
NOTARY OATH
STATE OF ARKANSAS'
) .ss
COUNTY OF WASHINGTON)
d no on this the Or"' day of 2021, appeared before me,
. , a Notary Publi , d after ing placed upon his/her oath swore
or affirmed that he/she agreed with the terms o the above Bill of Assurance and signed his/her
name above.
♦♦��GPY LIGy jig NOTARY L
My Commission Expi•en�ss�oti• sfi
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5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Rosa Linda Robinson, as the owner, developer or buyer (Petitioner) voluntarily offer
all such assurances and sign my name below.
January 5, 2021 Rosa Linda Robinson
Date Printed Name
NOTARY OATH
STATE OF ARKANSAS }
).SS
COUNTY OF WASHINGTON }
d now on this the 5 day of Q/1u 2021, appeared before me,
a Notary Publi d aftei6eing placed upon his/her oath swore
or affirmed tha he/she agreed with the terms of the above Bill of Assurance and signed his/her
name above.
My Commission Expires:
�� NOTgRy m;
�`L• jOUBL1C :cn:
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Marla Ann Blake, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
January 5, 2021 Marla Ann Blake
Date Printed Name
NOTARY OATH
STATE OF ARKANSAS }
} .ss
COUNTY OF WASHINGTON }
•A ,And now on this the 5" day of 2021, appeared before me,
/rle►�fa , a Notary Publi , d aft eing placed upon his/her oath swore
or affirmed that he/she agreed with the terms o the above Bill of Assurance and signed his/her
name above.
My Commission Expires ,, � %u�yT�
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s0 -*# 05 20�ae-io �Ci i
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2,
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Amy Jean Woolfolk (Frank), as the owner, developer or buyer (Petitioner) voluntarily
offer all such assurances and sign my name below.
January 5, 2021 Richard W. Frank,
POA for Amy Jean Woolfolk(Aka Amy Jean Frank)
Date Printed Name
te— (AV Ac" ZraAk-
Signature
NOTARY OATH
STATE OF ARKANSAS }
).SS
COUNTY OF WASHINGTON }
And now on this the � day o yru��u 2021, appeared before me,
A�1w• « ' �'A �'�°�' , a Notary Pub c and being placed upon his/her oath swore
or affirmed thatfie/she agreed with the terms of the above Bill of Assurance and signed his/her
name above.
NOTARY P LI
My Commission Expires: „
L[G/yT���
:, PG �SSIQIy• 8�.� i
�• A5-2,)?f ?G�
;} 4OTARr �•�
PUBL%-
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Lara N. Henry, as the owner, developer or buyer (Petitioner) voluntarily offer all such
assurances and sign my name below.
January 5, 2021 Lara N. Henry
Trustee of the John P. Marinoni and Elizabeth F.
Date Marinoni Irrevocable Trust Dated May 27, 2008
Printed Name
Si
NOTARY OATH
STATE OF ARKANSAS)
COUNTY OF WASHINGTON)
And now on this the 51�1 day of Ah 2021, appeared before me,
,_a_Notary Public, and aft r being placed upon his/her oath swore
or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her
name above.
My Commission Expires:
$.1v . U0 -i
NOTARY PUBLIC
OFFICIAL SEAL - *12383707
PAMELA R. RABEN
NOTARY PUBIC-ARKANSAS
BENTON COUNTY
MY COMMISSION EXPIRES: 08-18-21
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Paul A. Marinoni, Jr., as the owner, developer or buyer (Petitioner) voluntarily offer
all such assurances and sign my name below.
January 5, 2021
Date
Paul A. Marinoni, Jr.
Printed Name
Paul A. Marinoni, Jr. and Suellen M. Marinoni, Co -Trustees of the Paul A. Marinoni
2007 Revocable Trust Agreement u/a/d November 13, 2007
ignatur
NOTARY OATH
STATE OF ARKANSAS }
} .ss
COUNTY OF WASHINGTON }
And now, n this the day of
• r • , a Notary Public,
or affirmed thathe/she agreed with the terms pf
name above.
j.Y LIGh *#
My Commission E�C
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, oe�o .os Zo�et4 ;2c t
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2021, appeared before me,
placed upon his/her oath swore
of Assurance and signed his/her
S. Petitioner specifically agrees that ail such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Mary Sue Shaw, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
January 5, 2021 Mary Sue Shaw
Date Printed Name
Signature
NOTARY OATH
STATE OF PENNSYLVANIA}
COUNTY OF YORK}
Ilea -id no on this the day of 021, appeared before me,
a Notary Public, and after bei placed upon his/her oath swore
toraffi ed that he/she agreed with the terms of the above Bi�ce and signed his/her
a ve.
My Commission Expires:
., 1Q, A- 16. -
NOTARY
Comm h 01 pen Public
Sytyamart'
julia I York County
My Commission Expires Aug 26.2023
rnmmicgon # 1260567
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Lame Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, h, Mary Sue Shaw, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
January 5, 2021 Mary Sue Shaw
President of Marinoni, Inc. — General Partner
Date Printed Name
Si
NOTARY OATH
STATE OF PENNSYLVANIA)
COMITY OF YORK}
1
no on this the lk day of i'2021, appeared before me,
a Notary Public, and after be' placed upon his/her oath swore
%at:d that he/she agreed with the terms of the above Bi Asvmvnce and signed his/her
nameve.
My Commission Expires:
Commonwealth Of Pennsylvania . Notary
Julia OeVoe. Notary Public
York County
My Commission Expires Aug 26, 2023
Washington County, AR
I certify this instrument was filed on
03/05/2021 01:04:01 PM
and recorded in Real Estate
File Number 2021-00008275
Kyle Sylvester - Circuit Clerk
by
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6398
File Number: 2020-1003
RZN 2020-014 (SE OF 1-49 & WEDINGTON DR./MARINONI FARM):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 20-014 LOCATED SOUTHEAST OF I-49 AND WEDINGTON DRIVE FOR
APPROXIMATELY 112.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE; RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; R-O,
RESIDENTIAL OFFICE; AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN
THOROUGHFARE AND CS, COMMUNITY SERVICES, SUBJECT TO A BILL OF
ASSURANCE
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; RMF-24, Residential Multi Family, 24 Units Per Acre; R-O, Residential Office; and C-2,
Thoroughfare Commercial to UT, Urban Thoroughfare and CS, Community Services, subject to a bill
of assurance.
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 1/5/2021
Page 1 Printed on 118121
Ordinance: 6398
File Number: 2020-1003
Attest: III r ►rrf"�
FayF •c�
Kara Paxton. City Clerk Treasure.:,* 9 (4e :'
i o ;,```��•
Page 2 Printed on 118121
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
%Pr ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth. Development Review Manager
FROM: Jessie Masters. Senior Planner
MEETING DATE: November 9. 2020 Updated with PC hearing results from 11/9/2020
SUBJECT: RZN 2020-000014: Rezone (SE OF 1-49 & WEDINGTON DR./MARINONI
FARM, 441): Submitted by PAULA MARINONI for properties located SE
OF 1-49 & WEDINGTON DR. The properties are zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RMF-24,
RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE. R-O,
RESIDENTIAL OFFICE, and C-2, Thoroughfare Commercial, and contain
4 parcels with approximately 112.85 acres. The request is to rezone the
properties to UT. URBAN THOROUGHFARE, & CS. COMMUNITY
SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2020-000014 to City Council with a recommendation for
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2020-000014 to City Council with a recommendation for approval."
OCTOBER 26, 2020 PLANNING COMMISSION:
This item was last heard at the October 26th Planning Commission meeting, where it was tabled
by a vote of 7-1-0. One member of the public spoke at the meeting, requesting additional
information about what would be permitted in the requested zoning districts: they did not offer any
direct opposition or support. Commissioners expressed concerns about the scale of the proposal.
concerns for protections offered for the "Natural Area" Future Land Use Map designation. and
desired to see more information and master planning for the area in question. Staff has included
additional exhibits from the applicant as well as an exhibit on the proposed changes to the 1-49
and Wedinqton interchange.
BACKGROUND:
The subject property is just east of 1-49 at the interchange with Wedington Drive. The property in
question is the site of the Marinoni farm. and is primarily rural and agricultural in nature. The site
contains four parcels for a total of 112.85 acres, and County records show there is at least one
home on the property, constructed in 1926, with associated outbuildings and cattle pastures. The
property consists of a variety of zoning districts. ranging from commercial and low-density
residential as outlined in the subject of this memo. Surrounding land uses and zoning is depicted
in Table 1.
Planning Commissk
November 9. 20:
Agenda Item
RZN 20-000014 Marinoni Far
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
South Undeveloped/Forest RSF-4, Residential Single-Family, 4 Units per Acre
East Undeveloped/Parking Lot CS, Community Services
West Church/Gym P-1 Institutional; UT, Urban Thoroughfare
Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units
per Acre, RMF-24, Residential Multi-Family, 24 Units per Acre, R-O Residential-Office, and C-2,
Thoroughfare Commercial to UT, Urban Thoroughfare and CS, Community Services. The
applicant has not submitted an associated development proposal, but intends to developed
mixed-use.
Public Comment: For the October 26, 2020 Planning Commission meeting, staff had received
three public comments on the item, one by phone and two by email, all in support of the request.
The property owners stated they supported the idea of a live, shop, play area close to this
neighborhood, and believed they would see an increase in property value. Staff has received
additional public comment for this meeting, one with a request to place the Marinoni land in a
conservation easement, others in opposition to the proposal who do not wish to see commercial
uses near their property, and another in support of the proposal.
INFRASTRUCTURE:
Streets: The subject area has frontage along W. Wedington Drive, N. Marinoni Drive, and
N. Futrall Drive. W. Wedington Drive is a fully improved Regional Link-High Activity
street with asphalt paving, curb, gutter and sidewalk. N. Marinoni Drive is a partially
improved Residential Link street with asphalt paving, curb and gutter. N. Futrall
Drive is an unimproved Neighborhood Link Street with asphalt paving and open
ditches. Any street improvements or requirements for drainage will be determined
at the time of development.
Water: Public water is available to the subject area. A 24-inch water main is present along
the north side of W. Wedington Drive, an 8-inch water main is present along the
south side of W. Wedington Drive, an 8-inch water main is present on the west
side of N. Marinoni Drive, and a 6-inch water main is present along the west side
of N. Lancelot Avenue.
Sewer: Sanitary Sewer is available to the subject area. An 8-inch sanitary sewer main is
present along the of east side of N. Marinoni Drive, and a 10-inch sanitary sewer
main is present from the northeast side to the northwest side of the subject
property.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. Hydric soils appear to be present throughout most of the
subject area, and FEMA floodplain is present in the northwest corner of the subject
property and northeast corner of the subject property. A portion of the property
along the southern boundary is within the Hillside-Hilltop Overlay District.
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 7, located at 835 N. Rupple Road, protects the site. The property is located
Planning Commissir
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
approximately 1.4 miles from the fire station with an anticipated drive time of
approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 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 expressed no concerns with this request.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Urban Center, City Neighborhood, and Natural.
Urban Center Areas contain the most intense and dense development patterns within the City
and allow for the tallest and greatest variety of buildings. Urban Center accommodates
rowhouses, apartments, local and regional retail, hotels, clean technology industries and
entertainment uses. These areas are typified by their location adjacent to major thoroughfares
with high visibility. Although Urban Center Areas recognize the conventional big box and strip
retail centers existing along major arterials, it is expected that vacant properties will be developed
into traditional mixed-use centers, allowing people to live, work and shop in the same area.
Additionally, infill of underperforming or undervalued existing big box and strip centers should be
strongly encouraged since there is a greater return on investment for redevelopment of these
areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and
parklands.
City 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.
Natural Areas consist of lands approximating or reverting to a wilderness condition, including
those with limited development potential due to topography, hydrology, vegetation or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score of 3 to
8 for this site, with a weighted score of 9.5 at the highest level. The following elements of the
matrix contribute to the score:
• Appropriate Land Use (Urban Center, City Neighborhood Area)
• Near Park (Centennial Park)
• Near Public School (Asbell Elementary School)
• Near Razorback Bus Stop
Planning Commissar
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
• Near Sewer Main (N. Marinoni Drive and bisecting property)
• Near Paved Trail (Shiloh Trail across 1-49)
• Near Water Main (Wedington Drive, Marinoni Drive, Lancelot Avenue)
• Appropriate Fire Response (Station 7, 835 N. Rupple Road)
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: The property in question is one of the remaining
large acreages of land east of 1-49 within the City of Fayetteville limits.
Though widely undeveloped, the surrounding area is beginning to see
development, and pieces of the Marinoni farm have previously been split off
and developed within recent years. The Master Street Plan shows future
Residential Link Street connections through the area, which indicate the
property is ready for redevelopment. The requested zoning districts of UT,
Urban Thoroughfare and CS, Community Services, both offer development
patterns in an urban form, with front build-to-zones, taller building heights,
and minimum buildable street frontages that would foster urban walkable
development in this largely undeveloped area. The request for two separate
zoning districts also allows for a step down, more transect-oriented
approach which brings the higher intensity development closer to the
existing street corridors, and the lower intensity development further inward.
Staff does recognize a small portion of the site to the south that is designated
as a Natural Area; staff would support down-zoning that portion of land to R-
A to limit the development entitlement in that area and help preserve the
natural environment. At the same time, the development potential of this
area, with its heavy vegetation and significant slope, lends itself to
conservation or use in meeting tree preservation standards.
Land Use Plan Analysis: Staff believes that the proposal is compatible with
the goals in City Plan 2040, adopted land use policies, and the future land
use designation for this location. This area is designated as an Urban Center
and a City Neighborhood area, both of which encourage high density, mixed-
use structures to allow people to live, work, and shop in the same area. Staff
finds that this rezone request offers the potential for commercial- and high-
density development in this area and brings the area into compliance with
City Plan 2040. Encouraging form-based districts in the area also allows for
a higher scrutiny of design standards than conventional zoning districts
such as C-1 or C-2. The infill score for the area is also on the higher side,
and these zoning districts would bring walkable services to this area to
nearby residents.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant did not indicate or offer a specific development proposal along
with this request. Staff does find that this upzone is consistent with long-
term land use plans, and brings the site into agreement with City Plan 2040
Planning Commissir
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
as an Urban Center and a City Neighborhood area, therefore making this
request justified from staffs perspective.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to UT and CS certainly has the potential to increase
traffic along W. Wedington and Futrall Drive. Staff does find that bringing
services and amenities to this area, and opportunities for connectivity to
existing trails may actually improve walkability in the area. Currently, the
land is zoned primarily for single-family dwellings, which, without walkable
access to services, would certainly lead to more trips made by vehicles than
the proposed mixed-use districts. Staff finds that infrastructure
improvements would likely need to be made along Futrall Drive, as additional
street networks would need to be expanded throughout the area, likely at the
developer's costs.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to UT and CS would certainly have the potential to
increase the population density, since both zoning districts allow for
residential uses up to multi-family dwellings. Staff finds that aligning the
permitted land uses with the goals in City Plan 2040 would help bring
consideration for future infrastructure improvements, and does not find that
the request would be detrimental at this time.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN 2020-0000014 to the
City Council with a recommendation for approval.
Planning Commissi<
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
PLANNING COMMISSION ACTION: Required YES
Date: November 9, 2020 O Tabled ICI Forwarded O Denied
Motion: Brown SEE BELOW FOR FULL
MOTION DETAILS.
Second: Johnson
Vote: 6-3-0 (Commissioners Winston, Garlock, and Canada voted 'no.')
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
Current Zoning Districts:
• §161.07 - District RSF-4. Residential Single-Family - Four (4) Units Per
Acre
• §161.16 - District RMF-24, Residential Multi-Family - Twenty-Four (24)
Units Per Acre
• §161.20 - District R-O, Residential Office
• §161.23 - District C-2, Thoroughfare Commercial
Proposed Zoning Districts:
• §161.22 - Community Services
• §161.24 - Urban Thoroughfare
• Request letter
• Applicant Exhibit
• Staff Exhibit
• 1-49 and Wedington Interchange Improvements
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Motion#1:
By: Brown
2nd: None
Vote: -
Action: Motion failed for lack of second
Detail: Motion to forward RZN-2020-000014 to City Council with recommendation of approval
Motion#2:
By: Garlock
2nd: Sharp
Vote: 4-5-0
Action: Failed
Detail: Motion to deny RZN-2020-000014. Commissioners Johnson,Hoffman.Belden, Paxton,and Brown voted'no.'
Motion#3
By: Brown
2nd: Johnson
Vote: 6-3-0
Action: Forwarded
Detail: Motion to forward RZN-2020-000014 to City Council with recommendation of approval.Commissioners Winston, Garlock.and Canada
voted'no.'
Planning Commissic
November 9.20:
Agenda Item
RZN 20-000014 Marinoni Far
161.07-District RSF-4, Residential Single-Family -Four(4) Units Per Acre
(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
(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 Two(2)family
dwellings dwellings
Units per acre 4 or less 7 or less
(D) Bulk and Area Regulations.
Single-family Two(2)family
dwellings dwellings
Lot minimum width 70 feet 80 feet
Lot area minimum 8,000 square feet 12,000 square feet
Land area per 8,000 square feet 6,000 square feet
dwelling unit
Hillside Overlay
District Lot 60 feet 70 feet
minimum width
Hillside Overlay
District Lot 8,000 square feet 12,000 square feet
area minimum
Land area per 8,000 square feet 6,000 square feet
dwelling unit
Planning Commies'(
November 9,20;
Agenda Item
RZN 20-000014 Marinoni Far
(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)
Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
161.16-District RMF-24, Residential Multi-Family -Twenty-Four(24) Units Per Acre
(A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the developing of a
variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3)and four(4)family dwellings
Unit 26 Multi-family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
(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 11 Manufactured home park
Unit 12a Limited business
Unit 24 Home occupations
Unit 25 Professional offices
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park 100 feet
Lot within a Manufactured home park 50 feet
Single-family 35 feet
Two-family 35 feet
Three or more 70 feet
Professional offices 100 feet
Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
(2) Lot Area Minimum.
Manufactured home park 3 acres
Lot within a mobile home park 4,200 square feet
Townhouses: Individual lot 2,000 square feet
Single-family 3,000 square feet
Two(2)family 4,000 square feet
Three(3)or more 7,000 square feet
Fraternity or Sorority 2 acres
Professional offices 1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
(E) Setback Requirements.
Side Side Single & Rear Rear
Front Other Two(2) Other Single
Uses Family Uses Family
A build-to zone that is located between
the front property line and a line 25 feet 8 feet 5 feet 20 feet 5 feet
from the front property line.
(F) Building Height Regulations.
Building Height Maximum 2 stories/3 stories/5 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two(2)stories, between 10-20 feet from the
master street plan right-of-way a maximum height of three(3)stories and buildings or portions of the building set
back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family 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. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965,App.A.,Art. 5(111); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex.A), 6-16-98; Ord. No.4178,8-31-99; Ord. No. 5028,6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-
09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495,4-17-12; Ord. No. 5592,
6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 ,§1(Exh.A), 10-6-15; Ord. No. 5921 ,§1, 11-1-16; Ord. No. 5945 ,
§§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19)
Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
161.20 -District R-O, Residential Office
(A) Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the
nature or size of the office, together with community facilities, restaurants and compatible residential uses. The
intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance
with the build-to zone and minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 25 Offices, studios, and related services
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
(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 11 Manufactured home park*
Unit 13 Eating places
Unit 15 Neighborhood shopping goods
Unit 24 Home occupations
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities*
Unit 42 Clean technologies
Unit 45 Small scale production
(C) Density.
Units per acre 24 or less
(D) Bulk and Area Regulations. (Per dwelling unit for residential structures)
(1) Lot Width Minimum.
Manufactured home park 100 feet
Lot within a manufactured home park 50 feet
Single-family 60 feet
Two(2)family 60 feet
Three (3)or more 90 feet
Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marmon!Far
(2) Lot Area Minimum.
Manufactured home park 3 acres
Lot within a manufactured home park 4,200 square feet
Townhouses:
Development 10,000 square feet
Individual lot 2,500 square feet
Single-family 6,000 square feet
Two(2)family 6,500 square feet
Three(3)or more 8,000 square feet
Fraternity or Sorority 1 acre
(3) Land Area Per Dwelling Unit.
Manufactured home 3,000 square feet
Townhouses&apartments:
No bedroom 1,000 square feet
One bedroom 1,000 square feet
Two(2) or more bedrooms 1,200 square feet
Fraternity or Sorority 500 square feet per resident
(E) Setback Regulations.
Front 15 feet
Front, if parking is allowed between the right-of-way and the 50 feet
building
Front, in the Hillside Overlay District 15 feet
Side 10 feet
Side,when contiguous to a residential district 15 feet
Side, in the Hillside Overlay District 8 feet
Rear,without easement or alley 25 feet
Rear,from center line of public alley 10 feet
Rear, in the Hillside Overlay District 15 feet
Urban Form Setback Regulations:
A build-to zone that is located between the
Front front property line and a line 25 feet from the
front property line
Side 5 feet
A setback of less than 5 feet(zero lot line)is
permitted on one(1) interior side, provided a
Side-zero lot line* maintenance agreement is filed.**
The remaining side setback(s)shall be 10
feet
Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
Rear None
Rear when contiguous
to a single family 15 feet
residential district
(F) Building Height Regulations.
Building Height Maximum 5 stories
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two(2)stories shall be equal to the difference between the
total height of that portion of the building, and two(2) stories.
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code No. 1965,App.A.,Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621,4-1-80; Ord. No.
1747,6-29-70; Code 1991, §160.041; Ord. No.4100, §2 (Ex.A),6-16-98; Ord. No. 4178,8-31-99; Ord. No.4726, 7-
19-05; Ord. No.4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No.
5312,4-20-10; Ord. No. 5462, 12-6-11; 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. 6164 , §§1, 2, 3,4-2-
19; Ord. No. 6245 , §2, 10-15-19)
Planning Commissic
November 9,20;
Agenda Item
RZN 20-000014 Marinoni Far
161.23 -District C-2,Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build-to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit 13 Eating places
Unit 14 Hotel, motel, and amusement facilities
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 18 Gasoline service stations and drive-in/drive through
restaurants
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 25 Offices, studios, and related services
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor store
Unit 40 Sidewalk Cafes
Unit 44 Cluster Housing Development
Unit 45 Small scale production
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 29 Dance Halls
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
Unit 38 Mini-storage units
Unit 42 Clean technologies
Unit 43 Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
(E) Setback Regulations.
Front 15 feet
Front, if parking is allowed between the right-of-way and the 50 feet
building
Side None
Side,when contiguous to a
residential district 15 feet
Rear 20 feet
Urban Form Setback Regulations:
A build-to zone that is located between
Front 10 feet and a line 25 feet from the front
property line
Side and rear None
Side or rear,when contiguous to 15 feet
a single-family residential district
(F) Building Height Regulations.
Building Height Maximum 6 stories*
* If a building exceeds the height of two(2)stories,the portion of the building that exceeds two(2)stories shall have
an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for
the portion of the building over two (2)stories shall be equal to the difference between the total height of that portion
of the building,and two(2)stories.
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50%of the lot width.
(Code 1965,App.A.,Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747,6-29-70; Code 1991, §160.036; Ord. No.4034, §3,4,4-15-97; Ord. No.4100, §2 (Ex.A), 6-16-98; Ord. No.
4178,8-31-99; Ord. No.4727, 7-19-05; Ord. No.4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08;
Ord. No. 5312,4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592,6-18-
13; Ord. No.5664,2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh.A), 10-6-15; Ord. No. 5921 , §1, 11-1-
16; Ord. No. 5945 ,§§5, 7, 1-17-17; Ord. No. 6015 , §1(Exh.A), 11-21-17; Ord. No. 6164 ,§§1, 6, 7,4-2-19; Ord. No.
6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19)
Planning Commissir
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
161.22 -Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use
centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning
district is toprovide standards that enable development to be approved administratively.
P PP Y
(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 18 Gasoline service stations and drive-in/drive through restaurants
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
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 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
•
Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
(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.
A build-to zone that is located
Front: 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 15 feet
district:
(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)
Planning Commissi<
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
161.24-Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the
surrounding communities. This district encourages a concentration of commercial and mixed use development
that enhances function and appearance along major thoroughfares. Automobile-oriented development is
prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96:
Noise Control,the Urban Thoroughfare district is a commercial zone.The intent of this zoning district is to provide
standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two(2)family dwellings
Unit 10 Three(3)and four(4)family dwellings
Unit 13 Eating places
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 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 34 Liquor store
Unit 40 Sidewalk cafes
Unit 41 Accessory Dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
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 20 Commercial recreation, large sites
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 29 Dance halls
Unit 33 Adult live entertainment club or bar
Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities
Unit 38 Mini-storage units
Unit 42 Clean technologies
Unit 43 Animal boarding and training
(C) Density. None
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family dwelling 18 feet
All other dwellings None
Non-residential None
(2) Lot area minimum. None
(E) Setback regulations.
A build-to zone that is located
Front: 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 15 feet
district:
(F) Building Height Regulations.
Building Height Maximum 5 stories/7 stories*
*A building or a portion of a building that is located between 10 and 15 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a
building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height
of seven(7)stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any boundary line of an adjacent single family 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) Minimum buildable street frontage. 50%of the lot width.
(Ord. No. 5312,4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592,6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh.A), 10-6-15; Ord. No. 5921 , §1, 11-1-
16; Ord. No. 5945 , §§5, 7, 8, 1-17-17; Ord. No. 6015 , §1(Exh.A), 11-21-17; Ord. No. 6223 , §1,9-3-19)
Planning Commissir
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
The Marinoni farm will be the centerpiece of a new
synergistic energy on the west side of Fayetteville.
A place that is truly a live, work, shop, play area.
Fayetteville, September 15, 2020
Concerning the proposed rezoning of the Marinoni property:
This area when connected to the east,will enable current residents to be able to walk to restaurants and
activities and to connect to trails. Residents will be able to have an enhanced access to the newly
obtained and much anticipated, City of Fayetteville nature trails park, which stretches the entire width
of the Marinoni property. Developments in the Marinoni property will be able to enjoy the amenities of
living and working next to the nature trails area. Someone working in the area would be able to take
lunch up into the woods and then, walk it off. Residents, in density areas, would be able to look out the
window or sit outside and look up into the beautiful woods that Mrs. Markham wished to be left natural
for the citizens of Fayetteville to enjoy, honoring her legacy.
Growing up on the Marinoni farm, I personally remember when most of the homes to the east, all the
way up Cleveland and over to the stadium, were individually, one-by-one, carved out of the fields and
mountain, cutting down most of the trees. We hope to have higher density living areas so that more
people can have quick access to and enjoy the natural amenities, as well as the resources of the
development,the City of Fayetteville, and the region.
I personally, understand the live, work, shop, play benefits because I lived on, or near, the beautiful
Country Club Plaza in Kansas City for 21 years. When my husband and I married, I told him that I would
live anywhere in Kansas City, as long as it was near the Plaza. The Plaza was the first suburban shopping
center established in 1922. It was about 47 blocks from the downtown area, a remote area at that time,
and everyone thought the mastermind was out of his mind. But it worked and is the master example for
the live, work, shop, play development goal.
It is my opinion and experience as a Realtor, that a live, work, shop, play area on this property will
greatly elevate the property values of the neighborhoods to the east, in that it will be possible for
someone to own a traditional home with a yard and live in a traditional neighborhood, but it will open
up possibilities and many amenities that are not currently available to the neighborhood.
It is also noteworthy to point out that because this property has been owned by the Marinoni family for
over 70 years and has been operated as a farm,the entire parcel is available for development. Thus,
this area is"infill" and not "sprawl".
In 2006 and 2007, my husband and I attended the ICSC (International Council of Shopping Centers)
conference in Las Vegas to learn about the concept and to understand who the players are.There were
over 52,000 people attending. The booth area stretched over a mile from one end to the other. We
Planning Commies'(
November 9.20:
Agenda Item
RZN 20-000014 Marinoni Far
split up and covered as much ground as possible, talking to developers, brand representatives,
architects, and every other related profession there. We understand what we need, and we understand
where they need to be and how they want to participate.
Last fall, in response to our entire property being named a Certified Opportunity Zone, I attended
national Opportunity Zone Conferences in Chicago;Jackson, Mississippi; Houston and Los Angeles. I
listened to days of input from the top participants and even talked personally with the people who
wrote the bill, I spoke with many leaders in the new opportunity about coming to Arkansas, to
Fayetteville and of course, our property. Working with the support of our Chamber of Commerce and
our City's Development Director, I handed out material about this beautiful place we are fortunate to
call home and the great opportunities here. It is important to understand that we are considered a
remote market and yes, I laughed many times as they joked if we wore shoes here. First of all, they
have to stop and think where Arkansas is, then hopefully they will listen to the "FAB", (features,
advantages and benefits),of why they should invest here. Let me tell you that if they are to open in a
new market, they will want it to be "entitled" and to know they will have the support of the City. They
will want to be able to have choices. Do we want those choices to be Fayetteville, Rogers and
Bentonville or multiple locations IN Fayetteville, with the Marinoni property as one of those top
choices?
In being named as an Opportunity Zone, it should be pointed out,that the main criteria that is usually
advanced is that it is a "depressed" area. The other, but less often referred to, and even more rare, is an
area that is"underdeveloped". This property is clearly not depressed but is underdeveloped. And
clearly the State, in their choices on these zones, wants this property developed.
In the City of Fayetteville 2025 Future Land Use Plan discussions,the hired consultants put a big
"bullseye" on our property, and they said that it should be developed with emphasis on the regional
market. That is what we hope to cooperate with and need the zoning to be able to justify the expense
of putting in the streets, which will enable smaller parcels to be able to attract national brands and
investors of the highest quality.
Recently,the Marinoni family hired Crafton Tull Engineering firm to draw up our streets, as per the City
of Fayetteville Master Street Plan. With the first sale, we will start construction of the streets. The
Master Street Plan shows Cleveland extending into our property. The City representatives have made it
clear, in past discussions, that there has to be a connection to the east. Previously that connection was
Lincolnwood Drive, a street platted and owned by the City, but not built. That street dead-ended into
the W.Archer Dr./Waterman Ave. neighborhood,which did not make any sense. By connecting to
Cleveland, it will take cut-through traffic off that neighborhood and keep it on the main street.
Additionally, in watching out for the neighbors to the east,we persisted in getting the "overpass" taken
off the Master Street Plan. That plan would have dumped traffic into the east and would only be a cut-
through.
Alternative to an "overpass", there is the probability of an "underpass". Many years ago, when the
Arkansas Department of Transportation was planning on splitting the Marinoni farm in half for the
interstate, our Father, Paul A. Marinoni, Sr., negotiated with them,that he needed a tunnel under the
highway to be able to get the cows, back and forth,from the "front end" to the "back end". As the
highway added access roads and then widened them,the tunnel kept getting longer to accommodate
Planning Commies'(
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
the cows. We believe that there will come a time, in the not-so-distant future, when our father's tunnel
will be enlarged to make possible pedestrian and cycle traffic connecting the west and the east sides of
the interstate. This is of major importance now with the opening of the Centennial Park, a 228 acre,
world-class cyclocross park on the west side of the bypass, which will host the World Cyclocross
Championship in 2022—only the third time it has been held in the United States. With many pieces of
the new synergistic energy of this area of west Fayetteville in place, it is necessary to be ready when the
Nation realizes that this is the place to invest. And with that we need the requested zoning.
The neighbors to the east have said in the past that development on our property would devalue their
properties. I have told them repeatedly, that it would, actually,greatly increase the value of their
properties, in that it would give owners a place to walk, a way to access the nature areas and trails,visit
restaurants, etc., that it would add value through increased amenities. In recent years, over half of the
residents in the area bordering on Wedington, Sang, Maple and our property have left, and the
properties have turned into rentals. The development of our property would reverse this trend and
make the 1950's, 60's& 70's neighborhood to our east a hot place to own and live, and not the best
rental grab in town. It should be noted that of 135 residential homes in this area, 74 are rentals, or 55%.
Of the 34 residential properties within 200 feet of our property, 28 are rentals, or 82%! These numbers
increase every year.
The Marinoni property, PAM Angus Ranch, has always been a beautiful picture window to Fayetteville
for those passing by on the Interstate and on Wedington. It is now, and has always been, oriented to
the highway and not to the neighbors to the east. We have no intention of spreading into their
neighborhood, but they will want to come into ours.
We intend for this beautiful, picture-window property to evolve into an inviting opportunity for a life-
enhancing, live, work, shop, play experience that Fayetteville will be proud of for many years to come.
We are grateful for your support!
Paula Marinoni
Executive Broker, Best Places Realty
Part Owner/Representative
pm@paulamarinoni.com
Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
EXHIBIT • . _ -u :.
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Planning Commissii
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
EXHIBIT
' APPLICANT-PROVIDED
IMAGE
REQUESTED ZONING MARINONI REQUEST FOR ZONING r 0C.ae_a,,;nI
CHANGES 4, 4.ti. _
1. RSF-4 TO UT • � 4
`
2. RSF-4 TO CS - ', I-
3. RO TO UT F 3 /1' - -
4. RMF-24 TO UT `' %i •r
LOCATION DESCRIPTIONS 4.� f '; ' ,
A. EXISTING MARINONI ' '' �'? ^�
TUNNEL _ . �'i -._. � T J :-' - -
B. NEW CITY TRAILS i'� • 1 a,4t., - .a. ` 1.a.a-��I
PARK ~L i, 3 F �,
(62 ACRES) i ,- I `I * a c .�
C.MARKHAM HILL •i1 '-�, --- -_. _. '' I�i ��
-.F �� I. MARINONI CONCEPT
DEVELOPMENT �. Ill f:r=-----�z> .�= _ -,a' F,,,,T ..
(144 ACRES) .
D. CENTENNIAL PARK E`"''"`_-'= iE"�r.�>rk✓s9 _-
/
(228 ACRES) F c
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D `^. ;ytti _ C ` AA
PLAN IS FOR CONCEPT ONIY ` [CNCEPT
fit., i�JJ'' , , ,I. . ., .,.r r , .,.. f AND IS NOT INTENDED FOR USE AS
of A CONSTRUCTION DRAWING.
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11,.-..w:_�..._ .,.,.._... RZN 20--0000 11 Mar noni Far
Masters, Jessica
From: Zane Chenault <zchenault@fayettevillear.com>
Sent: Wednesday, November 4, 2020 2:12 PM
To: Masters, Jessica
Cc: pm@paulamarinoni.com
Subject: Letter of Support for Paula Marinoni
Attachments: FCOC Letter of Support for P Marinoni NOV 2020.pdf
Importance: High
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.
Jessica,
The Chamber of Commerce supports the efforts of Paula Marinoni to rezone the property southeast of the intersection
of 1-49 and Wedington Drive in Fayetteville.
Please see attached letter of support.
Thank you,
Zane Chenault
Chief Economic Development Officer
Fayetteville Chamber of Commerce
21 W.Mountain St.,Ste.300/P.O.Box 4216
Fayetteville,AR 72702-4216
Direct Line:(479)345-8957
www.fa vettev i l l e a r.c o m
CHAMBER
nL
Note Disclaimer:
1 Planning Commissar
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
CHAMBER
FAY E T TEVILLE
November 4, 2020
Mayor Lioneld Jordan
Fayetteville City Council
113 W. Mountain St.
Fayetteville, AR 72701
Dear Mayor Jordan and Council Aldermen,
The Fayetteville Chamber of Commerce, acting as the Economic Development agency for the City of
Fayetteville strongly supports the rezoning efforts of Paula Marinoni as it relates to the property southeast
of the intersection of 1-49 and Wedington Drive in Fayetteville.
The correct development on this piece of property would be of great benefit to Fayetteville. Given that
development across 1-49 has expanded significantly, it is time to allow the landowners to develop their
property. By building a connecting tunnel,this would create opportunities for residents to access to the
Cities nature trails along the width of the property. Developments on the property would also have access
to these trails, creating a more walkable city.
It is the belief of the Chamber of Commerce that it is in the best interest of the City of Fayetteville for this
re-zoning to take place. The landowner has put forth plans that support the overall growth goals of the
City and are in line with the development currently underway in the surround area.
Thank you fo your consideration,
t(mE
Steve Clark
President and Chief Exectutive Officer
Fayetteville Chamber of Commerce
21 W. Mountain St.,Ste. 300 72701
Planning Commissic
Fayettevillear.com
Masters, Jessica
From: Ernie Lucas <lucasec@hotmail.com>
Sent: Friday, October 9, 2020 5:09 PM
To: Planning Shared
Subject: RZN2020-000014-marinoni
C.\'JT.ON 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.
To the Fayetteville Planning Division,
I'd like to weigh in on the above noted rezoning issues to be discussed (or voted upon) at the October 26, 2020 meeting.
To be direct....we support this rezoning. My wife and I own property on West Maple St.just off Sang Ave. and I grew up
on Ora Drive. As a child I remember the growth of this neighborhood and that it was entirely family homes. My father
worked for the University and many of our neighbors were employees/professors/staff of the U of A. However,when
my parents moved from the Ora Drive location, most all the homes were being bought by real estate companies and
being turned into rental properties.
The idea of developing the Marinoni property into an area to live, shop and play would be the ideal boost the this side of
Fayetteville could use.
We urge you to strongly consider rezoning this land to accommodate this wonderful expansion.
Sincerely,
Ernie and Carole Lucas
Sent from Mail for Windows 10
Planning Commissic 1
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
To: Fayetteville Planning Commission
Re: Rezoning of Wedington property
To Whom it May Concern,
We recently received notice of plans to rezone the Marinoni farm on Wedington Dr. in Fayetteville. We
are the owners of the property at 971 Lancelot Ave, directly adjoining that property. We wanted to
voice our support for the requested rezoning. Our property is currently situated at a dead end,which
limits access and forces residents to only use Wedington. Extending Lancelot would allow residents to
walk their dogs and have better access to surrounding streets that are more appealing than Wedington.
We also believe that the proposed rezoning will increase our property value, as well as those of our
surrounding neighbors and uplift the surrounding area, that has been declining in recent years.
Sincerely,
Jay and Angela Watson, Owners
NWA Heritage Properties
Planning Commissi<
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
Masters, Jessica
From: CityClerk
Sent: Thursday, October 29, 2020 1:46 PM
To: Masters, Jessica
Subject: FW: Protect Marinoni land from development
Please see email below regarding Marinoni Land.
From: CityClerk<cityclerk@fayetteville-ar.gov>
Sent: Wednesday, October 28, 2020 4:01 PM
To: Bolinger, Bonnie<bbolinger@fayetteville-ar.gov>; Pennington, Blake<bpennington@fayetteville-ar.gov>; CityClerk
<cityclerk@fayetteville-ar.gov>; Eads, Gail<geads@fayetteville-ar.gov>; Roberts, Gina <groberts@fayetteville-ar.gov>;
Batker,Jodi<jbatker@fayetteville-ar.gov>;Johnson, Kimberly<kjohnson@fayetteville-ar.gov>; Rogers, Kristin
<krogers@fayetteville-ar.gov>; Williams, Kit<kwilliams@fayetteville-ar.gov>; Branson, Lisa <lbranson@fayetteville-
ar.gov>;Jordan, Lioneld<Ijordan@fayetteville-ar.gov>; Mathis,Jeana <jmathis@fayetteville-ar.gov>; Paxton, Kara
<kapaxton@fayetteville-ar.gov>; Petty, Matthew<ward2_pos2@fayetteville-ar.gov>; Mulford, Patti
<pmulford@fayetteville-ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov>; Thurber, Lisa <Ithurber@fayetteville-
ar.gov>; Gutierrez, Sonia <wardl_posl@fayetteville-ar.gov>; Marsh, Sarah<wardl_pos2@fayetteville-ar.gov>; Kinion,
Mark<ward2_posl@fayetteville-ar.gov>; Scroggin, Sloan <ward3_posl@fayetteville-ar.gov>; Bunch, Sarah
<ward3_pos2@fayetteville-ar.gov>; Turk,Teresa <ward4_posl@fayetteville-ar.gov>; Smith, Kyle
<ward4_pos2@fayetteville-ar.gov>
Cc: lisa_m_orton@yahoo.com; Stoll, Garner<gstoll@fayetteville-ar.gov>; Curth,Jonathan <jcurth@fayetteville-ar.gov>
Subject: FW: Protect Marinoni land from development
Please see email below from Lisa Orton.
From: Lisa Orton<lisa m orton@vahoo.com>
Sent:Wednesday, October 28, 2020 1:47 PM
To: Planning Shared <planning@fayetteville-ar.gov>; CityClerk<cityclerk@fayetteville-ar.gov>
Cc: University Heights Neighbors<university-heights-na@listserv.uark.edu>
Subject: Protect Marinoni land from development
CAU TiON 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.
Dear Planning Commission and City Council,
I believe that Fayetteville needs to preserve its current natural areas (woods and fields) from development in order to keep
Fayetteville's air, water, noise, traffic, etc. healthy and manageable. I believe what makes Fayetteville special is its history,
woods, trees, natural areas, trails, arts, and neighborhoods. I believe that"infill" should not be a higher priority than the
environment and the emotional, psychological, spiritual, and physical well-being of Fayetteville's residents. There has
been too much construction. The infrastructure like traffic, drainage, schools, etc. are behind and continue being behind
because of the overzealous attitude toward "infill". If you truly surveyed the residents of Fayetteville, the people of
Fayetteville who all live in neighborhoods of one kind or another(not just the people connected to the City, having
business with the City like developers, or comfortable with online surveys), I believe you would find that people do not like
the"infill" approach and are upset with this direction the City has been taking. We all want affordable housing, but that is
not being built in Fayetteville except in 2-3 cases over the past five or more years, that I recall. There needs to be a
different approach to increasing affordable housing than to deforest existing woods, creating impervious surfaces on
natural land, and upzoning people's neighborhoods and sending more traffic through residential streets.
Planning Commissir 1
November 9.20:
Agenda Item
RZN 20-000014 Marinoni Far
Specifically, I am against any residential and/or commercial upzoning of the Marinoni property. Not only for the reasons
above, but also because the 49 & Wedington intersection is already maxed out and the surrounding residential
neighborhoods do not want even more traffic through their streets. The overgrown University with its traffic has disturbed
our neighborhoods enough. Any exit onto Sang Ave from a development on the Marinoni property would disrupt and ruin
the older neighborhoods there that residents love. It would interfere with Temple Shalom as well.
I would ask that the City request the Marinoni family to donate the land to a conservation easement for a nature preserve,
City park, and historical area. This acreage is a part of the history of the area, adjacent to the Markham Hill treasure not
yet destroyed by development. I envision the Markham Hill/Marinoni land as Fayetteville's Central Park in the middle of
Fayetteville. It would add to the uniqueness of Fayetteville, whereas more development, traffic, crowdedness, noise,
exhaust, litter, crime, etc. would not. All that would do is make Fayetteville like all other big cities. Having lived in the
Washington DC/Baltimore area for 30 years, I've had enough of that. One reason I moved back to Fayetteville was for its
natural areas, trees, and fewer people.
Please vote 'No' to any upzoning of the Marinoni property. Please ask Paula Marinoni and the Marinoni family if they
would kindly consider donating the land as a conservation easement. The Marinoni family and their historical contributions
to Fayetteville could be honored in this way.
Thank you for your consideration.
Sincerely,
Lisa Orton
1663 W Halsell Rd
Fayetteville
Ward 4
2 Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
Masters, Jessica
From: Lauren Greenlee <Ifaygreenlee@gmail.com>
Sent: Wednesday, November 4, 2020 6:01 AM
To: Masters, Jessica
Subject: resident comments on rezoning request RZW 202-000014
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.
Dear Jessie,
I live at 2110 West Loren Circle in Fayetteville and own my house on Loren Circle. I am writing to protest the rezoning
request RZW 202-000014, which would rezone the property behind our neighborhood to category CS on Tract 2. We
have a quiet and safe residential neighborhood here and we do not want to have the tracts behind our neighborhood
rezoned to be open to a wide range of commercial development. We are concerned about our property value and
quality of life that we have in our neighborhood and do not want to see that degraded by aggressive development. We
also think that if Cleveland St and Maple St are opened up and extended, it would greatly increase traffic around our
neighborhood, affecting many residents negatively.
I hope you consider this protest of rezoning in your consideration of RZW 202-000014.
thank you,
Lauren Greenlee
2110 West Loren Circle
Planning Commissic 1
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
Masters, Jessica
From: CityClerk
Sent: Thursday, October 29, 2020 1:45 PM
To: Masters,Jessica
Subject: FW: Marinoni Land
Please see email below from Marquette regarding Marinoni Land.
Original Message
From: CityClerk<cityclerk@fayetteville-ar.gov>
Sent: Thursday, October 29, 2020 1:29 PM
To: Bolinger, Bonnie<bbolinger@fayetteville-ar.gov>; Pennington, Blake<bpennington@fayetteville-ar.gov>; CityClerk
<cityclerk@fayetteville-ar.gov>; Eads, Gail <geads@fayetteville-ar.gov>; Roberts, Gina <groberts@fayetteville-ar.gov>;
Batker,Jodi <jbatker@fayetteville-ar.gov>;Johnson, Kimberly<kjohnson@fayetteville-ar.gov>; Rogers, Kristin
<krogers@fayetteville-ar.gov>; Williams, Kit<kwilliams@fayetteville-ar.gov>; Branson, Lisa <lbranson@fayetteville-
ar.gov>;Jordan, Lioneld <Ijordan@fayetteville-ar.gov>; Mathis,Jeana <jmathis@fayetteville-ar.gov>; Paxton, Kara
<kapaxton@fayetteville-ar.gov>; Petty, Matthew<ward2_pos2@fayetteville-ar.gov>; Mulford, Patti
<pmulford@fayetteville-ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov>;Thurber, Lisa <Ithurber@fayetteville-
ar.gov>; Gutierrez, Sonia<wardl_posl@fayetteville-ar.gov>; Marsh, Sarah<wardl_pos2@fayetteville-ar.gov>; Kinion,
Mark<ward2_posl@fayetteville-ar.gov>; Scroggin, Sloan <ward3_posl@fayetteville-ar.gov>; Bunch, Sarah
<ward3_pos2@fayetteville-ar.gov>;Turk,Teresa <ward4_posl@fayetteville-ar.gov>; Smith, Kyle
<ward4_pos2@fayetteville-ar.gov>
Cc: Rick Jones<birdnurd62@gmail.com>; dinacnash2014@gmail.com; Lisa Orton <lisa_m_orton@yahoo.com>;
Marquette Bruce <marquette44@gmail.com>; Curth,Jonathan <jcurth@fayetteville-ar.gov>
Subject: FW: Marinoni Land
Good afternoon,
Please see the below message from Marquette Bruce. Ms. Marquette also called the City Clerk Treasurer's Office and
requested that this email be forwarded to everyone on our Council Member List including Planning Commissioners.
Thank you,
Kara Paxton
City Clerk Treasurer
City of Fayetteville,Arkansas
kapaxton@fayetteville-ar.gov
T 479.575.8323
Original Message
From: Marquette Bruce<marquette44@gmail.com>
Sent:Thursday, October 29, 2020 1:17 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
1 Planning Commissik
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
Cc: Rick Jones<birdnurd62@gmail.com>; dinacnash2014@gmail.com; Lisa Orton <lisa_m_orton@yahoo.com>
Subject: Marinoni Land
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.
Please send this to all commissions!
I live in the Markham Hill area and with the development of that area, I am concerned about the environmental changes
to the quality of life there. When I go on my daily walks, getting across and walking on CLEVELAND and SANG are
becoming less and less desirable. I know developers will continue to do what developers do. Is there anyway the city
can take a more active role in moving towards more sustainable development? I know progressive communities have
incentives to educate and encourage sustainable development. With the Marinoni's requesting the most density
possible in rezoning their land and with the Markham Hill development, University Heights is dying. Surely with the
University, city, and the neighborhood working together, protection of the health and spirit of the area can remain and
continue to grow with more sustainably? If not, we will become just another congested, polluted, undesirable place to
not live! Guess we will all want to move to the country and create more sprawl and an endless cycle of destruction.
Please do not approve high density there. Greed versus quality of life. Surely the Marinoni's can sell and the developers
can make money and the residents can have a quality of life they deserve all in the same package! I am asking the city
to take the lead on this! I do not have the answers, put some urban planners need to come up with something that
works for the whole! Marquette Bruce, 741 North Lewis Ave, 522-965-2122 Sent from my iPhone
2 Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
Planning Commission
City of Fayetteville, AR
113 West Mountain
Fayetteville, AR 72701
RE: 2020-0912 Application
RZN 202-000014
Dear Commissioners,
We are sending this letter to express our opposition to the rezoning of"tract 2" located in the
rezoning request RZW 202-000014 from RSF-4 to CS submitted by Paula Marinoni. Our
property is located at 2129 West Loren Circle in the Westwood subdivision and is immediately
adjacent to tract 2. Our understanding is that a CS zoning would allow just about anything,
from a liquor store to a 5-story apartment building, to be developed on this 22-acre tract
adjacent to our quiet neighborhood with very little setback.
We called Mrs. Marinoni in the hope of finding out something of the plans for this area of tract
2. Mrs. Marinoni indicated that she did not know what would be developed on this tract, but
that previous interest had been show for the building of senior housing in that area. She
offered no indication as to how much screening there would be between any future
developments and our property.
The lack of any definitive planning makes us very nervous about the rezoning of tract 2 from
RSF-4 to such a wide-open zoning category as CS. We might feel differently if somebody could
give us an answer to the plans for this tract, but the prospects of a large building abutting our
quiet neighborhood is disconcerting.
We request that rezoning of tract 2 be postponed until such time that a plan for the
development of this tract is put forward. We are not objecting to the other rezoning in this
application as these changes do not directly affect our property.
Robert and Virginia Liner
2129 West Loren Circle
Fayetteville, AR 72701
479-652-6569
Planning Commissic
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
Masters, Jessica
From: Ed Baker <edbakercrew@gmail.com>
Sent: Monday, November 2, 2020 10:28 AM
To: Masters, Jessica
Subject: Marinoni rezoning
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.
My name is Ed Baker. I live directly east of the property that they are wanting to rezone to CS (community services). My
wife and I have lived in our house/neighborhood on Loren Circle (2131 Loren Circle) off of Sang Avenue since 2001. We
are very much AGAINST the rezoning of that portion of the Marinoni property, especially since there is no clear plan for
how the property will be developed. If it were to be designated as parkland and tied in with the university portion of the
Markham property that is to be preserved-we could support that. As is currently presented,we do not want a
development literally in our backyard. Especially with no plan in place of what could be built. By our understanding, a
community services designation could lead to anything from a 5 story building to a liquor store. Please know we are
VEHEMENTLY OPPOSED!Thank you.
Sent from my iPhone
Planning Commissar 1
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
Masters, Jessica
From: Pennington, Blake
Sent: Monday, November 2, 2020 11:39 AM
To: Masters,Jessica
Subject: FW: Marinoni rezoning
Jessie, we received the email below at our general office account.
Blake E. Pennington
Assistant City Attorney
Tele: (479) 575-8313
bpennington(a fayettevil le-ar.gov
From: Ed Baker<edbakercrew@gmail.com>
Sent: Monday, November 2, 2020 10:42 AM
To: City_Attorney<city_attorney@fayetteville-ar.gov>
Subject: Marinoni rezoning
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'm not sure you can do anything about this, but my name is Ed Baker. I live directly east of the property that they are
wanting to rezone to CS (community services). My wife and I have lived in our house/neighborhood on Loren Circle
(2131 Loren Circle) off of Sang Avenue since 2001. We are very much AGAINST the rezoning of that portion of the
Marinoni property, especially since there is no clear plan for how the property will be developed. If it were to be
designated as parkland and tied in with the university portion of the Markham property that is to be preserved-we could
support that. As is currently presented,we do not want a development literally in our backyard. Especially with no plan
in place of what could be built. By our understanding, a community services designation could lead to anything from a 5
story building to a liquor store. Please know we are VEHEMENTLY OPPOSED! Thank you.
Sent from my iPhone
1 Planning Commissar
November 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
Masters, Jessica
From: Curth,Jonathan
Sent: Monday, November 2, 2020 11:53 AM
To: Masters, Jessica
Subject: FW: Marinoni rezoning
JM,
More Marinoni-related comment. Please include in your report to share with the Commission.
Thanks,
Jonathan Curth,AICP
Development Review Manager
City Planning Division
City of Fayetteville, Arkansas
icurth@fayetteville-ar.gov
479.575.8308
Website I Facebook I Twitter I Youtube
From: Mayor
Sent: Monday, November 02, 2020 11:07 AM
To: Curth,Jonathan <jcurth@fayetteville-ar.gov>
Cc:Jordan, Lioneld <Ijordan@fayetteville-ar.gov>; Norton, Susan<snorton@fayetteville-ar.gov>
Subject: FW: Marinoni rezoning
fyi
From: Ed Baker<edbakercrew@gmail.com>
Sent: Monday, November 2, 2020 10:39 AM
To: Mayor<Mayor@fayetteville-ar.gov>
Subject: Marinoni rezoning
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.
My name is Ed Baker. I live directly east of the property that they are wanting to rezone to CS (community services). My
wife and I have lived in our house/neighborhood on Loren Circle (2131 Loren Circle) off of Sang Avenue since 2001. We
are very much AGAINST the rezoning of that portion of the Marinoni property, especially since there is no clear plan for
how the property will be developed. If it were to be designated as parkland and tied in with the university portion of the
Markham property that is to be preserved-we could support that. As is currently presented,we do not want a
development literally in our backyard. Especially with no plan in place of what could be built. By our understanding, a
community services designation could lead to anything from a 5 story building to a liquor store. Please know we are
VEHEMENTLY OPPOSED! Also, it is probably too late now, but we're also not very happy at all with atrocity going on just
to the south of us on Markham Hill. Thank you for your time.
Sent from my iPhone
Planning Commissic 1
November 9,20;
Agenda Item
RZN 20-000014 Marinoni Far
RZN-2020-000014 Marinoni Farms Property
One Mile View NORTH
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• - -----•9,20:
Agenda Item
RZN 20-000014 Marinoni Far
RZN-2020-000014 Marinoni Farms Property
Close Up View
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• _ �I Planning Area 0 180 360 720 1,080 1,440
L — —�Fayetteville City Limits 1 inch = 500 feet Total 107.7
Building Footprint
Planning Commissic
NQ'w-'b c 9,20:
Agenda Item
RZN 20-000014 Marinoni Far
RZN-2020-000014 Marinoni Farms Property
Current Land Use NORTH
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0 180 360 720 1,080 1,440
1_ _ _; Fayetteville City Limits
___ 1 inch = 500 feet
i___._i Design Overlay District Planning Co missic
No.,- --•9,20:
Agenda Item
RZN 20-000014 Marinoni Far
RZN-2020-000014 Marinoni Farms Property
Future Land Use NORTH
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_1 Design Overlay District Rural Residential
1 inch = 600 feet
Building Footprint i♦ Urban Center
Planning Con missir
"Po-a. &9,20:
Agenda Item
RZN 20-000014 Marinoni Far
CityClerk
From: CityClerk
Sent: Monday, November 30, 2020 7:52 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker,Jodi;
Johnson, Kimberly; Rogers, Kristin;Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: bryan.kellar@sbcglobal.net
Subject: FW: Marinoni Rezoning request
Please see email below from Brian Kellar.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provide below which will automatically be routed to Council Members. The
link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
citvclerk(a.fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
W
FAYETTEVILLE
ARKANSAS
From: BRYAN KELLAR<bryan.kellar@sbcglobal.net>
Sent: Saturday, November 28, 2020 11:43 AM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Marinoni Rezoning request
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 have returned after a 50 year absents to live in the house I grew up in on West Sawyer Lane. My wife and I
are distressed with the changing attitude toward intense development and in-fill that is taking place in here-to-for lightly
developed and natural areas. It is already placing a strain on streets, increases in rental property, and crime. We
strenuously object to the approval of the Marinoni intense development request.
Sincerely Byan and Cheryl Kellar, 1634 West Sawyer Lane
Sent from AT&T Yahoo Mail for iPhone
1
CityClerk
From: CityClerk
Sent: Monday, November 30, 2020 10:32 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker,Jodi;
Johnson, Kimberly; Rogers, Kristin;Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah;Turk, Teresa;
Smith, Kyle
Cc: springfieldranch@aol.com
Subject: FW: Marinoni's rezoning request.
Please see email below from T.A. Sampson.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk@fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
�� FAYETTEVILLE
ARKANSAS
From: springfieldranch@aol.com <springfieldranch@aol.com>
Sent: Monday, November 30, 2020 9:20 AM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Marinoni's rezoning request.
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.
First of all, I am not a Fayetteville resident, but I am a resident of planet Earth and what is done in one part of the planet
affects the entire planet in some way. Your even considering this rezoning request is a terrible idea. The traffic in this part
of Fayetteville is already horrendous and trees can only do so much to mitigate the pollution.
At the rate Fayetteville is approving the selling, clearing and development of previous green spaces, the landscape will
soon be nothing more than a sea of roofs with the occasional patch of green.
I lived in San Jose for 30+ years and when I first moved there, we enjoyed the many orchards and farms, by the time
moved that land was gobbled up by developers thanks to the City's lack of a growth plan and greed for property taxes.
1
Fayetteville is in a unique position. You stand on the threshold of still having the opportunity to do this right. Once the
green spaces are gone they can never be rebuilt. With our increasing population in NW Arkansas, these green refuges
become even more critical to a mentally healthy population.
Sincerely
T.A. Sampson
479-824-8109
2
CITY OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* T.A. Sampson
Address or Ward* • Address
Ward
Locate Your Ward Number
Address* 14306 S Hwy 45/PO Box 169
Phone Number 4798248109
Email springfieldranch@aol.com
Meeting Body* City Council
Agenda Item Marinoni rezoning request
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments First of all, I am not a Fayetteville resident. but I am a resident of planet Earth and
what is done in one part of the planet affects the entire planet in some way.Your
even considering this rezoning request is a terrible idea.The traffic in this part of
Fayetteville is already horrendous and trees can only do so much to mitigate the
pollution.
At the rate Fayetteville is approving the selling, clearing and development of
previous green spaces,the landscape will soon be nothing more than a sea of roofs
with the occasional patch of green.
I lived in San Jose for 30+years and when I first moved there.we enjoyed the many
orchards and farms, by the time I moved that land was gobbled up by developers
thanks to the City's lack of a growth plan and greed for property taxes.
Fayetteville is in a unique position. You stand on the threshold of still having the
opportunity to do this right. Once the green spaces are gone they can never be
rebuilt.With our increasing population in NW Arkansas,these green refuges
become even more critical to a mentally healthy population.
Attachments PDF preferred
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment,speakers will only be allowed to speak for three(3)
minutes.The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
CityClerk
From: CityClerk
Sent: Monday, November 30, 2020 1:46 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin;Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan;Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah;Turk, Teresa;
Smith, Kyle
Cc: Denele Campbell
Subject: FW: Marinoni rezoning request
Please see email below from Denele Campbell.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk@fayettevil le-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
WIFFim
FAYETTEVILLE
ARKANSAS
From: Denele Campbell<denele.campbell@gmail.com>
Sent: Monday, November 30, 2020 1:25 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Marinoni rezoning request
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.
Speaking on behalf of my 97-year-old mother, Carmyn Pitts, I want to strongly object to the plan to develop property
behind my mother's house into multi-family residential and possibly commercial usage.These existing neighborhoods
have been an island of calm in the midst of Fayetteville's rapid growth and each current property owner stands to lose
significant property value with this kind of development encroaching on their boundaries, not to mention privacy and
peace of mind.At the very least,the city should mandate some kind of preserved buffer zone where natural
woodland/prairie environments can protect existing properties from the chaos of construction and the influx of
hundreds of new residents/enterprises.
Thank you for your attention to this matter.
1
Denele Campbell
Denele Campbell
denele.campbell@gmail.com
http://denelecampbell.com
https://www.facebook.com/AuthorDeneleCampbell
2
U'V OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Natalie A Hall
Address or Ward* Address
• Ward
Locate Your Ward Number
Ward* Ward 4
Phone Number 4796407135
Email natnkev1@att.net
Meeting Body* City Council
Agenda Item C12 2020-1003. RZN Marinoni Farms
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments This letter is in opposition to the rezoning plan of Paula Marinoni. Specifically, I
would like to call attention to the rezoning requested for the eastern half of zone 1
and all of zone 2(as indicated on the Marinoni concept map).
Marinoni desires to rezone these to UT and CS respectively. categories that are not
compatible with the neighborhoods along Sang Avenue and the new City Trails
Park. Please leave a buffer between the new development and our neighborhoods
while preserving the natural beauty of this area. I am requesting that a portion of
zone 1 and all of zone 2 be set aside and incorporated into the new City Trails Park.
It is my understanding that developers are required to provide green space or remit
the cost of green space to the city for future park development. Why not set this
section aside as green space's This would provide the neighbors a nice buffer from
businesses and enhance the new trails. Further. it would help the many deer birds. •
fox. owls, and other precious wildlife who are losing their homes to developers with
alarming frequency.
Please protect our neighborhoods'
Thank you for your consideration.
Natalie Hall
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council mccting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five(5)minutes to be broken into segments of three and two
• minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment. speakers will only be allowed to speak for three(3)
minutes.The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public. all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity. abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor. must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
CityClerk
From: CityClerk
Sent: Monday, November 30, 2020 3:57 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker,Jodi;
Johnson, Kimberly; Rogers, Kristin;Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah;Turk, Teresa;
Smith, Kyle
Cc: Donna Leftwich
Subject: FW:for City Council re Paula Marinoni rezone
Please see email below from Donna Leftwich.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a favetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
._ FAYETTEVILLE
ARKANSAS
From: Donna Leftwich <leftwich@uark.edu>
Sent: Monday, November 30, 2020 3:44 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: for City Council re Paula Marinoni rezone
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.
Dear City Council Members:
Thank you for the work that you do for this community. It is very much appreciated, and I don't think you hear
it enough.
I am writing about Paula Marinoni's rezoning request for the former Marinoni farm. I have thought a lot about
this property and the vision Ms. Marinoni has for it. I do think there are portions of the property that would
1
be appropriate for her desire to have denser development, taller buildings, etc. This would be the property
adjacent to
1-49. However, in looking at the other parts of it, that would not necessarily be the case. The southernmost
part of the property would surround the City's 63-acre nature preserve and SREG's 50-acre nature preserve, as
well as several lower density residential neighborhoods. These neighborhoods have been around for a very
long time, and citizens bought in those particular neighborhoods for a reason; perhaps for the peace and
quiet, perhaps for the proximity to UA. All of the surrounding land was zoned similarly, and I am sure most
assumed it would remain so.
It seems that with the rapid growth we are experiencing, those who have been longtime residents, living in
small, secure neighborhoods, are often forgotten as we plow ahead. I would like to remind you that many
have no idea of Ms. Marinoni's plans and those who do often don't know to write and either support or
oppose. Please consider that Ms. Marinoni's plans would create quite a change in these neighborhoods, with
increased traffic, noise and light pollution. Along with this, the intersection of Wedington and 1-49 presently is
already maxed out at certain times during the day, with long waits to either get onto 1-49 or across the
bridge. Again, the proposed rezone would do nothing but exacerbate the problem.
For these reasons, I oppose this rezoning as it is being requested. In support of those longstanding
neighborhoods, I would oppose those parts of the Marinoni farm surrounding neighborhoods to be rezoned,
while supporting the rezone for the property along 149.
Thank you for your consideration in this matter.
Gail Leftwich
2
CITY or
11:1:1:!11:1) FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Ethel C. Simpson
Address or Ward* Address
• Ward
Locate Your Ward Number
Ward* Ward 4
Phone Number
Email esimpson@uark.edu
Meeting Body* City Council
Agenda Item RE: RZN 2020-000014: Rezone(SE OF I-49&WEDINGTON
Number/Subject DR./MARINONI FARM, 441): Submitted by PAULA MARINONI for
properties located SE OF 1-49&WEDINGTON DR. The properties
are zoned RSF-4, RESIDENTIAL
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments RE: RZN 2020-000014. Rezone(SE OF I-49&WEDINGTON DR./MARINONI
FARM, 441): Submitted by PAULA MARINONI for properties located SE OF 1-49&
• WEDINGTON DR. The properties are zoned RSF-4. RESIDENTIAL SINGLE •
•
FAMILY. 4 UNITS PER ACRE. RMF-24. RESIDENTIAL MULTI FAMILY. 24 UNITS
PER ACRE. R-O, RESIDENTIAL OFFICE, and C-2, Thoroughfare Commercial. and
contain 4 parcels with approximately 112.85 acres. The request is to rezone the •
properties to UT. URBAN THOROUGHFARE. &CS. COMMUNITY SERVICES.
•
Dear City Council Members.
•
I urge you to oppose the rezoning recommendation for this property on the grounds
that it would adversely impact the low-density residential area on the east side.The
traffic generated by commercial and high-density residential development would
• aggravate an already overcrowded interchange at Wedington Road. and the
accompanying noise and traffic hazards are at odds with the historic nature of that
section of the city. One of my neighbors was killed in a hit-and-run accident on
Cleveland earlier this year. and with the increasing density of the University student
•
•
community. more such events are more likely.And this is even before the rezoning
of this property is considered.
The proposed high density development threatens the cultural and environmental
character of the immediate surrounding area of historic houses and wooded
environment. University Heights is already threatened by the development along
Markham Road and Markham Hill. The University and its appendages have already
invaded the area west of Razorback Road: it seems unfair that we would now see
the western edge of this area further diminished.A considerable amount of multiple-
resident housing already exists in this area, and though some houses are
harmonious with their neighborhoods, the presence of many cars lining our streets is
evidence of the density of the community. Noisy parties and added litter are already
issues.
Since the construction of large-scale. high-density apartments south of Garland and
west of Wedington.the streets between Wedington and Cleveland have
experienced more vandalism and theft of property, something we attribute to the
increased traffic from there up to the University.The prospect of more of this coming
from the east and south is disheartening.
The planners are constantly harping on"walkability."People on my street have been
walking to work at the University for more than sixty years. 1 myself did so for nearly
thirty years. But the character of the neighborhood that encourages and allows
walking--walking actually TO some place--is something we can't preserve if we
continue to have more traffic. noise, pollution which are the inevitable results of
such a development as is proposed by this request. Instead,we must constantly
defend our desire to maintain the quiet. diverse.wooded environment we have now.
I believe some of the largest and most livable cities manage to regard those settled
neighborhoods as assets to be preserved.This is not a neighborhood of millionaires.
The size and quality of the houses vary considerably. Some were designed by
renowned architects, some were built by anonymous craftsmen and added on to
during the early twentieth century. Many have gardens that have been cultivated for
many years and beautiful old trees. Some are inhabited by descendants of the
original residents.
Doubtless some successful commercial or multi-residential projects can be
developed on the Marinoni property. But please consider the needs and preferences
of us who want to continue enjoy our trees. gardens. and narrow streets in peace.
Thank you for your consideration.
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. if public comment is allowed for an amendment.speakers will only be allowed to speak for three(3)
minutes. The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
CityClerk
From: CityClerk
Sent: Tuesday, December 1, 2020 8:04 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah;Turk, Teresa;
Smith, Kyle
Cc: gilmet_root@msn.com
Subject: FW: Dec 1st Rezoning Proposal: Concerns Regarding Marinoni Farm Rezoning Request
Please see email below from Greg and Jodie Gilmet.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.favetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a�fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
WIIF
� FAYETTEVILLE
ARKANSAS
From: Greg and Jodie Gilmet_Root<gilmet_root@msn.com>
Sent: Monday, November 30, 2020 9:58 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Cc: UNIVERSITY-HEIGHTS-NA@LISTSERV.UARK.EDU
Subject: Dec 1st Rezoning Proposal: Concerns Regarding Marinoni Farm Rezoning Request
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.
RE: RZN 2020-000014: Rezone (SE OF 1-49 & WEDINGTON DR./MARINONI FARM, 441): Submitted by PAULA
MARINONI for properties located SE OF 1-49 & WEDINGTON DR. The properties are zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, R-O,
RESIDENTIAL OFFICE, and C-2, Thoroughfare Commercial, and contain 4 parcels with approximately 112.85
acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE, & CS, COMMUNITY SERVICES.
i
Dear City Council Members,
We are extremely concerned about the above rezoning recommendation that has been approved by City
Planning Staff for your consideration on December 1st. The review of the proposed rezoning does not
constitute appropriate planning by our City officials. It fails miserably to look carefully at the totality of the
impact of rezoning 146 acres for high density commercial and residential use.
Specifically, the planning staff review has failed to adequately take into consideration the following:
• Impact of large-scale high-density development on traffic at both the Wedington exit and the
surrounding neighborhoods, including where we reside,just off of Cleveland Avenue. Traffic
associated with such a large development, including impact on density, noise and speed, will
likely significantly affect residents both short and long-term (i.e., in 20 years).
• Long-term impact to the quality of life, culture and environment of surrounding
neighborhoods, including University Heights, a Fayetteville historical area. The proposed high
density development is simply not in keeping with the immediate surrounding area of historical
homes and wooded environment.
• Impact due to potential further increase in crime. Residents are already noting increases in
crime over the past 10 years as surrounding areas are being developed.
We moved to Fayetteville 3 years ago and have made a very substantial investment renovating our University Heights
home. We did so because it was the type of close knit, quiet older neighborhood that is difficult to find within the heart
of a city. Many of our neighbors are retired University professors or staff and their families who have lived in
Fayetteville for generations.
There is already significant and growing commercial and residential rental development at Wedington and Garland. The
expansion of the University stadium and increased new traffic speeding from Cleveland to Razorback to Martin Luther
King is having an impact as well. Our concern is that further nearby large-scale development, including potential hotels,
shopping strips, office buildings that could be constructed 10 stories, etc.will further deteriorate our area of the city by
requiring new access to/from the developed acreage.
The Wedington exit is already overburdened with traffic. One of the Planning staff noted that the proposed rezoning
and development could well mean that an access road would need to be cut to Cleveland,thereby driving significant
traffic through what is now a 25 mile/hour heavily housed street, leading directly to the University and Razorback
Stadium. This is not acceptable. As it is now, we are currently working with City officials to calm this street, as well as
adjourning streets where residents have suffered speeding cars and a recent traffic-related death.
While it is my understanding that a full impact study is not legally required or part of current planning protocol prior to
making a recommendation to rezone, it is foolish to think that residents' concerns can or will be adequately addressed
by the developer following approval. That is not high-quality City planning! By then it is too late. Our fear is that we will
find ourselves in a situation where we are being told the City needs to widen Cleveland and/or Sang to 4 lanes in order
to accommodate the upsurge in commercial and residential traffic. Even if widening were not a requirement, increased
traffic is not viable through this neighborhood of homes.
It is therefore unconscionable for City Council members to approve this significant rezoning request without further
study and informing abutting neighborhoods of how they will potentially be impacted so that they have a fair
opportunity to communicate educated concerns to City Council members.
2
We are not suggesting that nothing should be allowed to be developed on the Marinoni property. We are, however,
asking that City Council members do not vote to rezone the area for the highest level of density development. Instead,
we are requesting further study to understand the best way for the property to be developed while taking into
consideration the people who live in the area.
We are a neighborhood and neighborhoods need good neighbors.
Thank you for your consideration.
Sincerely,
Jodie L. Root and Gregory P. Gilmet, MD
639 North Oliver Avenue
3
CityClerk
From: CityClerk
Sent: Tuesday, December 1, 2020 10:39 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: Sun Flower
Subject: FW: Please forward to City Council and Mayor
Please see email below from Sun Flower.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a.favettevil le-ar.gov
Website 1 Facebook 1 Twitter 1 Instagram 1 YouTube
CITY OF
FAYETTEVILLE
W.Ai
ARKANSAS
From:Sun Flower<sunflowerwiks@gmail.com>
Sent:Tuesday, December 1, 2020 10:08 AM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Please forward to City Council and Mayor
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 am writing concerning the rezoning of the Maranoni property 2020-000014
The traffic that will be generated by highest density use of this property appears untenable by those of us who live in the
surrounding neighborhoods and face what traffic already exists. An improved interchange at Wedington and 149 will not
alleviate the traffic going and coming to and from that area from the east and west. The streets on the hills surrounding
this property to the south and east are steep and narrow, with very poor lines of sight for traffic at their peaks.Those
i
streets run through older established neighborhoods that are utilized by school children and older adults as pedestrians.
One pedestrian was killed recently near Cleveland and Oliver, at the peak of the hill. It is unthinkable to consider
creating heavier traffic on these streets than that which already exists from current development projects.
Development of this property will require planning that takes traffic into much more careful consideration than has
been given if this current request is granted.
Thank you for your consideration.
Margaret Holcomb
Sent from my iPhone
2
BIKENWA
LETTER OF SUPPORT FOR MARINONI REQUEST FOR ZONING
TO: MAYOR JORDAN AND CITY COUNCIL MEMBERS, CITY OF FAYETTEVILLE
FROM: PAXTON ROBERTS, EXECUTIVE DIRECTOR, BIKENWA
12/01/2020
Dear Mayor Jordan and City Council Members,
Our organization would like to voice support for the rezoning request of the Marinoni
property as shown in the maps for item C.12 2020-1003. We believe that the citizens of
Fayetteville would best be served by changing the proposed zoning as shown to allow for
mixed uses, higher density of residences, and mix of businesses and other commercial
development. There are few places of this size that could be infilled between the 1-49 corridor
and HWY 265 to the east. We believe that it is fully within Fayetteville's stated goals to
encourage infill, mixed use, and reduced sprawl from the edges of the city.
The majority of trips by people in cars are made traveling to and from locations within
five miles of their homes for things like groceries, eating out, errands, and recreation. If we can
mix residential and commercial uses more frequently across Fayetteville, we can cut down on
the number and length of these trips and also replace some of them with people biking and
walking to and from these destinations. By doing so we can keep congestion from increasing
and potentially reduce current congestion levels. This has many benefits even beyond
reducing the impact on the environment from reduced CO2 emissions in terms of health and
economic vitality.
Finally, this property will allow for critical bicycle and pedestrian connections to
businesses and parks in Fayetteville. This property adjoins and provides access to the new
trails on Markham and Centennial parks. We ask that you support this rezoning request and
help keep Fayetteville a place that is known for its progressive approach to growth.
Sincerely,
Paxton Roberts, Executive Director
( 1011•CaSW
BikeNWA is your lead advocate for trails and active transportation infrastructure in Northwest Arkansas.
CityClerk
From: CityClerk
Sent: Wednesday, December 2, 2020 7:51 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan;Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: d3williams@sbcglobal.net
Subject: FW: Maranoni property rezoning proposal opposition
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
�� FAYETTEVILLE
ARKANSAS
From: David Williams<d3williams@sbcglobal.net>
Sent:Tuesday, December 1, 2020 3:13 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Cc: University Heights Neiborhood <university-heights-na@listserv.uark.edu>
Subject: Maranoni property rezoning proposal opposition
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.
Dear Mayor Jordan and City Council Members, Please oppose highest density zoning for the Maranoni property and
require developers to come up with a lesser density and safer traffic plan.
Thank you for your service and this consideration.
David and Pattie Williams, 547 North Gray Avenue
1
CityClerk
From: CityClerk
Sent: Wednesday, December 2, 2020 7:52 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: Beverly Schaffer
Subject: FW: Marinoni Property Rezoning
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.favetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerkCa�favetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
tip
_ FAYETTEVILLE
ARKANSAS
Original Message
From: Beverly Schaffer<bschaffer@arkansas.net>
Sent:Tuesday, December 1, 2020 3:55 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Marinoni Property Rezoning
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.
Dear Clerk, Please forward this message to members of the Fayetteville City Council and staff.
Dear All,
I'm writing to ask that you hold this rezoning request on the first reading tonight. Due to the Thanksgiving holidays and
the sheer volume of information and issues arising from this request, more time is needed to prepare thoughtful
comments for your consideration.
On its face, rezoning every acre of this land to the highest density possible, with a new road to funnel traffic East and
South out of the development appears to present an existential threat to the adjacent neighborhoods and all
established residential areas that lie directly east and south of the land. Already, the cut-through traffic threatens the
quality of life of the residents and the long term viability of every one of these neighborhoods.
The impact of the rezoning of the land on the surrounding neighborhoods is only one consideration in any decision made
by the council. But, given the existing problems that plague these residential areas and largely remain unaddressed, it
seems unwise for the city to lose control of the way this vast undeveloped acreage ultimately is built out and have to
manage problems on the back end.
All I'm prepared to say today, without further scrutiny, is that I think Planning Commissioner Rob Sharp is on the right
track with his suggestion that a Planned Zoning District would be the optimal rezoning category for this land. At a
minimum,further study of the current rezoning proposal is essential.
Please give the public a little more time to share our feedback by not moving the proposal forward to a vote right away.
Many thanks for your dedicated service to the city.
Beverly Schaffer
1404 W. Cleveland Street
2
CityClerk
From: CityClerk
Sent: Thursday, December 3, 2020 12:06 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: Lisa Orton
Subject: FW: Marinoni Farm rezone request
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a.favetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
� FAYETTEVILLE
tp,
ARKANSAS
From: Lisa Orton <lisa_m_orton@yahoo.com>
Sent:Thursday, December 3, 2020 11:33 AM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Cc: University Heights Neighbors<university-heights-na@listserv.uark.edu>; D'Andre Jones<dre91732000@gmail.com>;
D'Andre Jones<dre91732000@yahoo.com>; Holly Hertzberg<hollyhertzberg2020@gmail.com>; Lisa Orton
<lisa_m_orton@yahoo.com>
Subject: Marinoni Farm rezone request
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.
Dear City Council,
I believe the degree of rezone requested for the Marinoni property is not appropriate beside the natural area,
urban forest, nature preserve on its south boundary (formerly U of A, now City property) and beside the low
density residential neighborhoods and Temple Shalom to its east and southeast. Please do not approve this
rezoning request. I believe something more compatible in this historic area would be much more appropriate. I
1
believe a PZD could be put together that is more compatible, appropriate, neighborhood-friendly, and protecting
of Fayetteville's last remaining intact urban forests. This PZD would not only provide the Marinoni family with a
profit but could also protect the natural area and residential neighborhoods that would otherwise be negatively
affected to the extreme.
Toby, co-president at Temple Shalom (located on Sang Ave, opposite Cleveland), texted me and said that they
are opposed to this rezoning and to any increase of traffic—this would cause increased anti-Semitic vandalism.
As you know, one of the proposed outlets from the requested rezoned development is an extension of Cleveland
which would abut the synagogue property parking lot.
Specialized Real Estate Group's"conservation development"would be much more appropriate on Marinoni's
already deforested cow fields than on Markham Hill where major deforesting will be necessary to accommodate
their approximately 530 living units, 80-room hotel, restaurant, other commercial buildings, parking lots, streets
and utilities. Paula Marinoni mentioned her vision of a highly urbanized "Midtown" Fayetteville on the Marinoni
property, but other more appropriate, compatible, neighborhood-friendly, and tree-friendly visions are possible as
well.
Besides all this, I think there are some philosophies that influence these types of rezoning decisions the City has
to make. I've mentioned these before in a previous letter, but I believe they are important to face because these
conflicts are not going away.
(1) RSF-4 Zoning Philosophy
Historically, in some areas of the U.S., RSF-4 zoning was used to prevent integration and to support
discrimination.
Today in Fayetteville and elsewhere, people of all races and ethnicities live in RSF-4 and lower density
neighborhoods. To say otherwise is stereotyping entire people groups. RSF-4 zoning does not mean 'rich white
people' any longer. RSF-4 zoning is not a bad word. I've actually heard some City officials say the word with
disgust.
Many in Fayetteville take pride in calling our city diverse. This doesn't mean only racially or culturally, but also in
our neighborhood types. Some people of all races and ethnicities enjoy living in high density neighborhoods near
commercial hubs and some people of all races and ethnicities enjoy living in low density neighborhoods where
there are more trees and there is more tranquility. I've lived in both types and in between over the past 30 years in
Maryland and here. If we up-zone neighborhoods that do not want to be up-zoned and send more traffic through
neighborhoods that do not want it, then we are not allowing for this diversity and actually trying to eliminate it.
I believe there needs to be more respect for current residents in neighborhoods and what they want for
themselves. If a developer buys in a neighborhood, that developer knows the existing neighborhood density no
matter the current zoning. I don't believe that a single developer should have higher priority than the current
residents in the neighborhood on how that neighborhood proceeds.
(2) Philosophy on how Fayetteville should look in the future
I believe there are different visions for Fayetteville among residents here. And they are in conflict. One is an
infilled, mixed use, crowded city, and the other is an historic, artsy, wooded, university town where neighborhoods
are valued (some low density, some mixed use, some high density, depending on what those specific
neighborhoods want for themselves). The first vision is developer-centered, and the second vision is
neighborhood or resident-centered. The first vision deforests parts of the city in order to develop. The second
vision values and preserves its urban forests. The first vision keeps wanting to grow, grow, grow. The second
vision wants to grow reasonably, making sure the environment, trees, and neighborhoods do not suffer because
of it.
So, I ask again: Please highly regard the people in the existing neighborhoods to the east and southeast, and the
natural areas/urban forests to the south of the Marinoni property.
Please do not approve this particular rezoning request on the Marinoni property.
2
Thank you.
Lisa Orton
1663 W Halsell Rd
Fayetteville, Ark 72701
410-674-8440
3
CityClerk
From: CityClerk
Sent: Thursday, December 3, 2020 2:37 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin;Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah;Turk, Teresa;
Smith, Kyle
Cc: Stegall, Bob
Subject: FW: Marinoni Rezoning Request
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.favetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
citvclerk(a fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
.� FAYETTEVILLE
ARKANSAS
From: Stegall, Bob<bstegall@workrecords.com>
Sent:Thursday, December 3, 2020 2:20 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Cc:Janet Ryan Stegall <janet.ryan@bofa.com>
Subject: Marinoni Rezoning Request
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.
We live on 1764 West Osage Bend Drive which runs from Cleveland Hill to Sang Road. A beautiful sub-division
with 19 homes and an HOA to ensure the neighborhood is kept to its founding principle of being a safe and
outdoor friendly environment for seniors, children, pets and everyone who walks through it everyday and calls
it home. The biggest issue currently is the speed of drivers on Cleveland Hill. Drivers constantly exceed 50
MPH in the 25 MPH zone. We have already had a hit and run fatality on Cleveland Hill this year. The city put
up a temporary speed limit sign which did not work half the time showing a driver's speed and then took it
down but no action has been taken so far. We are just biding our time until someone else is struck on this
road due to the excessive speeds.
Now you are considering extending Cleveland road to 1/49 in the Marinoni Rezoning request which will cause a
major disruption of our beautiful neighborhood as the traffic will increase exponentially and make this an
unsafe environment for walking or just being outdoors especially for all the young children and seniors in the
neighborhoods in this area. We are all for progress and new development but it doesn't have to destroy
beautiful neighborhoods 1/2 mile from the U of A campus. Please quit considering requests that dramatically
increase traffic flow in these areas-first Markham Hill and now Marinoni. This will lower the value of all of
our homes which may not be your intention but will clearly be the result. We worked all our lives, saved our
money and built our dream home. Please don't force us to leave it for a congestion problem that was
completely avoidable.
I challenge you to leave your office and drive our neighborhood and picture yourself living in one of these
homes. I believe you will then understand why this request is such a bad idea. Cleveland Hill would be a
disaster zone (especially from 7 to 9 am and 4 to 6 pm) if you approve this request. Thank you for your
consideration.
Bob and Janet Stegall
Bob Stegall
V Jork(onnect Work)Records
214.402.6782
2
CITY OF
11 FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Robert Carroll Stegall
Address or Ward* • Address
Ward
Locate Your Ward Number
Address* 1764 West Osage Bend
Phone Number 2144026782
Email bobstegall32@yahoo.com
Meeting Body* City Council and Planning Commission
Agenda Item Marinoni Zoning Request
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
•
Comments We live on 1764 West Osage Bend Drive which runs from Cleveland Hill to Sang
Road.A beautiful sub-division with 19 homes and an HOA to ensure the
neighborhood is kept to its founding principle of being a safe and outdoor friendly •
environment for seniors. children. pets and everyone who walks through it everyday
and calls it home.The biggest issue currently is the speed of drivers on Cleveland
Hill. Drivers constantly exceed 50 MPH in the 25 MPH zone. We have already had a
hit and run fatality on Cleveland Hill this year. The city put up a temporary speed •
limit sign which did not work half the time showing a driver's speed and then took it •
•
down but no action has been taken so far. We are just biding our time until someone •
else is struck on this road due to the excessive speeds.
I '
Now you are considering extending Cleveland road to 1/49 in the Marinoni Rezoning
request which will cause a major disruption of our beautiful neighborhood as the
traffic will increase exponentially and make this an unsafe environment for walking
or just being outdoors especially for all the young children and seniors in the
neighborhoods in this area.We are all for progress and new development but it
doesn't have to destroy beautiful neighborhoods 1/2 mile from the U of A campus.
Please quit considering requests that dramatically increase traffic flow in these
areas-first Markham Hill and now Marinoni.This will lower the value of all of our
homes which may not be your intention but will clearly be the result.We worked all
our lives, saved our money and built our dream home. Please don't force us to leave
it for a congestion problem that was completely avoidable.
•
• I challenge you to leave your office and drive our neighborhood and picture yourself
living in one of these homes. I believe you will then understand why this request is
such a bad idea. Cleveland Hill would be a disaster zone(especially from 7 to 9 am
and 4 to 6 pm)if you approve this request.Thank you for your consideration.
•
•
•
•
Bob and Janet Stegall •
Attachments :..
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by •
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall he limited to a maximum of five(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment,speakers will only be allowed to speak for three(3)
minutes. The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public. all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks. reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
I I
16 N. Sang Ave.
Fayetteville, AR 72701
December 3, 2020
Dear Mayor and City Council members,
We are writing to urge you to not approve the proposed rezoning of the Marinoni property.
The property is adjacent to a quickly vanishing green space as the Markham Hill development Is
scheduled to compromise this oasis from the opposite side. It would certainly seem appropriate
to not provide for untethered development in future plans for this property. As Fayetteville is
experiencing rapid growth, we should make every effort to preserve tracts of undeveloped land
close to the center of our city to preserve both the esthetic features of Fayetteville as well as
the opportunities for residents to easily walk to and enjoy these reserves.
On a more pragmatic note, the intersection of 49 and Wedington is already overly crowded and
the adjacent streets in the neighborhoods are ill equipped for increased traffic. The steep hill
on Cleveland is certainly not a place for more traffic. This will be deleterious for these
neighborhoods and for the safety of pedestrians and vehicles.
Writing as a representative of Temple Shalom, our religious center would be then be subject to
increased traffic and the concomitant dangers. In particular, children and traffic are a toxic
combination. Hopefully, we would never face the threats to Jewish synagogues that have
occurred elsewhere but the proximity of another road adjacent to the Temple would
complicate our efforts and the city's to protect the Temple and more importantly its
congregants.
I thank you in advance for your attention to these important issues.
Sincerely,
William and Joyce Feldman
CityClerk
From: CityClerk
Sent: Monday, December 7, 2020 7:41 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker,Jodi;
Johnson, Kimberly; Rogers, Kristin;Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: Susan Gardner
Subject: FW: Marinoni property zoning request
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
�_ FAYETTEVILLE
W. ARKANSAS
From: Susan Gardner<gardner.susuz@gmail.com>
Sent: Friday, December 4, 2020 10:53 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>; Teresa Turk<teresa_turk@hotmail.com>; citycouncil@kyle4fay.org
Subject: Marinoni property zoning request
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.
Please deny the current Rezoning request from the Marinoni property owners. I do not feel the request type is
appropriate for this large amount of property without any ideas or presentations of plans for development. The zoning
request is for the highest density allowed and I believe this property resides within at least part of the hillside overlay
district.
I also do not think this fits into ANY the 2040 goals.
These goals are:
1
1. We will make appropriate infill and revitalization our highest priorities: encouraging the development or
redevelopment of vacant, mostly vacant. and underdeveloped property.
2. We will discourage suburban sprawl.
3. We will make traditional town form the standard: with neighborhoods that include not just houses, but a mix of
uses that can adapt over time and allow residents to live, work, and play without relying on vehicles.
4. We will grow a livable transportation network.
5. We will assemble an enduring green network.
6. We will create opportunities for attainable housing
I think a PZD is more appropriate for this size of property zoning. It is the zoning of Specialized Real Estate's
MARKHAM Hill PZD, a similarly sized property adjacent to this property.
Several reasons come to mind:
1. Traffic
generation without plans for that many additional cars. Streets to the East would challenge an already overwhelmed
neighborhood thoroughfare within what is working towards the newest historic designation in the city, University
Heights. To the West the community has too much traffic density heading toward 1-49 and UA
Fayetteville. Wedington, Razorback, Cleveland and Sang are difficult now!
Goals#1 and#2 not met
2. City services use-A huge increase for our fire, police and other services. We haven't received any feedback from
them concerning this lack of a plan. Police,fire department and city services would weigh in on a PZD. Elementary
Schools in the district are already full. It is very near the site of the new police/community headquarters. Should it be
considered how it will integrate with that plan? Bus route, sidewalks, trails, etc.
Goal#3 and 4 not met
3. Consistency in zoning This property is adjacent to the huge Specialized Real Estate development on a property about
the same amount of acreage. It is a PZD. So similar zoning should be used and enforced. And we still are just in Phase
I there. Having not seen what sort of plans they have for the rest of the property, affecting the exact same
neighborhoods and trafficpatterns. We have no concept of theirplans to meet our City
P
goal#5 Not met
4. Historic preservation neighborhood
At Ward 4 on November 30 we met the new employee for the historic preservation efforts the city is planning for
University Heights. You cannot plan to save a historic neighborhood and continue to squeeze out the very residents
who have been paying citytaxes for decades with these humongous homogeneous developments geared towards
p Y g g g p
student housing.
Goal#3 not met
5. Changes in future City needs In the middle of a pandemic it is very apparent that educational needs and practices
may change due to administration, parents, students and faculty seeing the value and with that a rise in distance
learning. Things will change on that front for needed student/faculty housing I think.
6. The local business economy is struggling and I believe it will take awhile to recover. We have seen the closing of so
many local businesses. So do we need MORE retail space? What will happen to storefronts that are empty now?
7. Giving this property blanket zoning I think limits the city and the public a voice in future plans for this property. Plans
to meet Goal#5? How does this fit into the goal#6 of attainable housing?
Goals#5 and#6 not met.
2
In summary, this doesn't meet neighborhood compatibility and any of the 2040 goals set forth by this council. This is
just a blanket zoning change that to me is backwards. After receiving such designation the developer can then come
back and say "well we have the zoning, here's our plan and now figuring it out is the city's responsibility." Legally I
think it puts the council in a position for a problem later if the developer and planning cannot agree. This could very well
become urban sprawl. And the farm should be part of the new Historic district boundary.
I also find it ironic that we met the newest city employee charged with historic preservation of the University Heights
neighborhood (which this property should be within the it's boundaries) at the same meeting the zoning request was
introduced to the Ward 4 neighbors.
And since we (Ward 4) do not meet in December we will not have a chance at a WARD 4 meeting to see a presentation
by the developer(which most other developers have done) as the matter will be most probably voted on before our
January Ward 4 meeting.
Thank you
Susan Caple Gardner on Hall Avenue
3
CityClerk
From: CityClerk
Sent: Monday, December 7, 2020 7:43 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan;Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: spies123@aol.com
Subject: FW: Maranoni Rezone
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council Members.
The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk@fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube •
Original Message
From: spies123<spies123@aol.com>
Sent: Saturday, December 5, 2020 5:39 AM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Maranoni Rezone
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.
Dear City Council,
I am writing to ask that you do NOT approve a rezone of the Maranoni property.
I've read the excellent letter that Lisa Orton sent to you. I am writing in support of all the points she stressed in her
letter, and to ask you to be very judicious in a decision. Stop now. Do not allow even more development around the
Markham Hill area, and specifically on the Maranoni land.
For once, listen to the residents of the neighborhoods in Fayetteville.The path you are currently following to allow big
name developers to ruin Fayetteville's natural and historic rural beauty is harmful to the environment, the people, and
the aura and charm of Fayetteville.
The overhead views of our town, promoted in Arkansas tourism videos, or Fayetteville brochure guides, are notable for
the structure of the town, specifically nestled in natural green beauty. You are wiping that out, and handing the future of
Fayetteville over to developers on a silver platter.Just stop it now. Leave that area as is. We need it to be able to
continue to recognize our town! Have respect for the remaining natural areas!
Again, Lisa Orton's points are all so well said,that her letter should completely motivate you to save the Maranoni
property from the developer's greed.
Respectfully,
Lisa Spies Swinford
Sent from my iPad
2
CityClerk
From: CityClerk
Sent: Tuesday, December 8, 2020 7:41 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin;Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: wesinfay@gmail.com
Subject: FW: Marinoni Farm
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
citvclerk(a favetteville-ar.ciov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
FAYETTEVILLE
WOAR
ARKANSAS
From:J W G <wesinfay@gmail.com>
Sent: Monday, December 7, 2020 3:08 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Marinoni Farm
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.
Dear Mayor Jordan & city council members,
I am writing today in opposition to the upper zoning of the Marinoni property that is on the December 15 agenda.
I have grave concerns up zoning the Marinoni farms to the highest residential density possible (UT). I am most
concerned with what the situation will be in 2040 or 2050.This zoning will be creating a mammoth neighborhood with
limited egress. Currently there are only 4 East/West connectors over 149.This is worrisome as traffic and growth
continue with these know constrains on traffic flow. Additional concerns are there are no southern outlets for the
1
property. Eastern access will be disruptive at best! Dumping heavy traffic onto a residential neighborhood is not safe.
Yes zoning should be proactive but it should not be a future traffic and safety disaster.
The cost of a PZD of this size is about$45,000. Lowballing the property at$20 million. This would be less than a
percent of the property's value. The applicant and the city would far better off with a real plan. (I realize the applicant Is
not required to do a PZD. Yet without one, it is a disaster in the making).
Please deny the request for up zoning this property at this time.
I must also say I appreciate the city's progressive stance in trying to keep Fayetteville as safe as possible during the
COVID-19 Pandemic. Additionally the forward thinking of-single use plastic bags. Keep up the good work.
Do not let this up zoning mar Fayetteville's potentially vibrant future.
Respectfully,
Jimm Garlock
Resident
2
CityClerk
From: CityClerk
Sent: Tuesday, December 8, 2020 9:54 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan;Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: Jerry Musick
Subject: FW: Concern over rezoning
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/qubliccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a�fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
._ FAYETTEVILLE
ARKANSAS
From:Jerry Musick<atroxxgm@gmail.com>
Sent:Tuesday, December 8, 2020 9:14 AM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Concern over rezoning
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.
--------------Please forward this response to the City Council---------------- Dear City Council, I very
strongly endorse the statement you received from Mr. Allee's on his objections to the approval of the rezoning
request at Rubble Rd and Mt. Comfort. The text of his response is shown below the dashed (----) line. I live at
4295 W Coneflower Place in the Wildflower Meadows Subdivision. My objection to approval of the rezoning
request is that there is "no southern outlet and limited access to the east."to 1-49 as stated in Mr. Allee's
response. During the morning, normal school days and hours, it takes from 20-25 minuted to get from the
corner of Rubble Rd and Mt. Comfort to 1-49. This is unacceptable now. I can't begin to imagine how long this
wait time will increase if we add another 200 + vehicles to the traffic on Mt. Comfort. I am asking that this
request be rejected or at the very least table the request until such time as the access to 149 becomes more
reasonable. Thanks for receiving and considering my response. Gerald Musick ----------------------------
---------------------------------------------------
Kaleb Allee's Statement Dear City Council, I am writing to express my opposition to up-zoning Marinoni farm
to the highest density. Traffic flow is my main concern. We have few east west connectors over 149. We all
know the Wedington overpass is a traffic nightmare. The highest density up-zoning will contribute significantly
to the problem. Rumors of when the overpass will be redesigned and built are unreliable. We have been waiting
years for this to happen and we have no start date. Another issue with traffic at the property is no southern
outlet and limited access to the east. I understand a proposed extension of Cleveland would go beside Temple
Shalom and disturb their peaceful environment. A PZD (Planned Zoning District) booklet would likely cost about
$45,000 and provide the city with a plan to base a decision on. This would also give citizens an idea of what the
impact would be for the neighbors and all of Ward 4. The land value seems to be at least$20,000,000
according to https://www.landandfarm.com/BrokerDirectory/Paula_Marinoni-22130/A PZD would cost the land
owner about .00225% of the land value. A PZD was done by the Underwood family for property at the former
Razorback Golf Course. While this was done voluntarily it does show good will and due diligence. Please
consider these points when making a decision to change Ward 4 significantly. A lower density zoning or
keeping the zoning as it is makes more sense.
Kaleb Allee
2
CityClerk
From: CityClerk
Sent: Tuesday, December 8, 2020 12:00 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: kaleb allee
Subject: FW: Marinoni request for up-zone to highest density
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit apublic comment usingthe linkprovided below which will automaticallybe routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a favettevil le-ar.qov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
TV
_ FAYETTEVILLE
ARKANSAS
From: kaleb allee<kaleb.allee@gmail.com>
Sent:Tuesday, December 8, 2020 11:49 AM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Marinoni request for up-zone to highest density
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.
Dear City Council,
I am writing to express my opposition to up-zoning Marinoni farm to the highest density.Traffic flow is my main concern.
We have few east west connectors over 149.We all know the Wedington overpass is a traffic nightmare.The highest density up-zoning will
contribute significantly to the problem. Rumors of when the overpass will be redesigned and built are unreliable.We have been waiting years
for this to happen and we have no start date.
1
Another issue with traffic at the property is no southern outlet and limited access to the east. I understand a proposed extension of Cleveland
would go beside Temple Shalom and disturb their peaceful environment.
A PZD(Planned Zoning District)booklet would likely cost about$45,000 and provide the city with a plan to base a decision on.This would also
give citizens an idea of what the impact would be for the neighbors and all of Ward 4. The land value seems to be at least$20,000,000
according to
https://www.landandfarm.com/BrokerDirectory/Paula Marinoni-22130/
A PZD would cost the land owner about.00225%of the land value. A PZD was done by the Underwood family for property at the former
Razorback Golf Course.While this was done voluntarily it does show good will and due diligence.
Please consider these points when making a decision to change Ward 4 significantly. A lower density zoning or keeping the zoning as it is
makes more sense.
Kaleb Allee
Ward 4 resident
4548 W Lofty Wood Dr
2
CITY OF
FAYETTEVILLE ARKANSAS Limited Public Forum
Submit Public Comment
This page isprovided for efficient submission ofpublic comment for CityCouncil and Planning
9
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Gerald Musick
Address or Ward* Address
• Ward
Locate Your Ward Number
Ward* Ward 4
Phone Number 479-601-3391
Email @9
atroxx m mail.com
9
Meeting Body** City Council
Agenda Item Rezoning of area at Corner of RupOple Road&Mt. Comfort
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments I strongly endorse the email you received from Mr.Allee's email the text of which is
below the dashed( )line.
I live at 4295 W Coneflower Place in the Wildflower Meadows Subdivision. My
objection to approval of the rezoning request is the"no southern outlet and limited
access to the east."as shown in Mr.Allee's response. During normal school hours. it
takes from 20-25 minutes to get from the corner of Rubble Rd and Mt.
Dear City Council
•
•
I am writing to express my opposition to up-zoning Marinoni farm to the highest
density.Traffic flow is my main concern.
We have few east-west connectors over 149. We all know the Wedington overpass is
a traffic nightmare.The highest density up-zoning will contribute significantly to the
problem. Rumors of when the overpass will be redesigned and built are unreliable.
We have been waiting years for this to happen and we have no start date.
Another issue with traffic at the property is no southern outlet and limited access to
the east. I understand a proposed extension of Cleveland would go beside Temple
Shalom and disturb their peaceful environment.
A PZD(Planned Zoning District)booklet would likely cost about$45:000 and
provide the city with a plan to base a decision on.This would also give citizens an
idea of what the impact would be for the neighbors and all of Ward 4.The land value
seems to be at least$20,000.000 according to
https://www.landandfarm.com/BrokerDirectory/Paula_Marinoni-22130/
A PZD would cost the land owner about.00225%of the land value. A PZD was
done by the Underwood family for the property at the former Razorback Golf
Course. While this was done voluntarily it does show goodwill and due diligence. •
• Please consider these points when making a decision to change Ward 4
significantly.A lower density zoning or keeping the zoning as it is makes more
sense.
•
Kaleb Allee
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY •
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. l f public comment is allowed for an amendment,speakers will only be allowed to speak for three(3)
minutes. The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks. reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
CityClerk
From: CityClerk
Sent: Wednesday, December 9, 2020 8:32 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah;Turk, Teresa;
Smith, Kyle
Cc: Chris Butler
Subject: FW: Up-zoning Marinoni Farm
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.favetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a favetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
FAYETTEVILLE
WIPP ARKANSAS
From: Chris Butler<butlergs@gmail.com>
Sent:Wednesday, December 9, 2020 8:20 AM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Up-zoning Marinoni Farm
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.
Dear City Council,
I am writing to strongly oppose the up-zoning Marinoni farm to the highest density. Traffic flow in this area is
already a concern due to the limited east-west connectors over 1-49 and this will certainly make matters
worse. Wedington is already awful and I would hate to see it repeated in this area.
A Planned Zoning District (PZD) booklet could be completed for minimal costs compared to the property value.
This would also give citizens an idea of what the impact would be for the neighbors and all of Ward 4. Recently.
i
a PZD was completed by the Underwood family for the former Razorback Golf Course. While this was done
voluntarily it does show goodwill and due diligence.
Please consider these points when making a decision to change Ward 4 significantly. A lower density zoning or
keeping the zoning as it makes more sense.
Thank you,
Chris Butler
4296 W Coneflower Place
Fayetteville, AR 72704
2
CityClerk
From: CityClerk
Sent: Thursday, December 10, 2020 8:02 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: eec.cmb@gmail.com
Subject: FW: Up-zoning Marinoni Farm
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
Tr
� FAYETTEVILLE
ARKANSAS
From: Erin &Chris<eec.cmb@gmail.com>
Sent: Wednesday, December 9, 2020 4:24 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Up-zoning Marinoni Farm
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.
Dear City Council,
I am writing to strongly oppose the up-zoning Marinoni farm to the highest density. This area of Fayetteville may
not be considered "the heart" of Fayetteville, but those of us that live here moved here because it still has the
smaller town feel. We did not move to this area of town to experience congestion, which has already increased
with the additional apartments on Rupple. Traffic flow in this area is already a concern due to the limited east-
west connectors over 1-49 and this will certainly make matters worse.
i
A Planned Zoning District (PZD) booklet could be completed for minimal costs compared to the property value.
This would also give citizens an idea of what the impact would be for the neighbors and all of Ward 4. Recently,
a PZD was completed by the Underwood family for the former Razorback Golf Course. While this was done
voluntarily it does show goodwill and due diligence.
Please consider these points when making a decision to change Ward 4 significantly. A lower density zoning or
keeping the zoning as it makes more sense.
Thank you,
Erin Butler
4296 W Coneflower Place
Fayetteville, AR 72704
2
CityClerk
From: CityClerk
Sent: Thursday, December 10, 2020 8:02 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: Colby Ward
Subject: FW: Marinoni Farm (Wedington and 1-49) Up-zoning Support
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.favetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk@fayetteville-ar.gov
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CITY OF
.� FAYETTEVILLE
ARKANSAS
From: Colby Ward <StrmChsr77@hotmail.com>
Sent: Wednesday, December 9, 2020 2:41 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Marinoni Farm (Wedington and 1-49) Up-zoning Support
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.
Good afternoon,
I am writing a letter of support for the possible up-zoning of the land at the SE corner of 1-49 and
Wedington. This is the ideal location for high density development and should become a regional draw for the
metro. Traffic would certainly be a concern but with the widening and realigning of the Wedington/1-49
interchange, that should help address that problem. We only have a few large open tracts of highly
i
developable land along 1-49 and we should use each of those to their maximum potential. Fayetteville needs
to build upward and limit urban sprawl.
Thank you,
Colby Ward
2993 W Topaz Dr.
Fayetteville, AR 72704
. ,de Virus-free. www.avast.com
2
CITY OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Erin Butler
Address or Ward* Address
• Ward
Locate Your Ward Number
Ward* Ward 4
Phone Number
Email
Meeting Body* City Council
Agenda Item Up-Zoning of Marinoni Farm
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments Dear City Council.
I am writing to strongly oppose the up-zoning Marinoni farm to the highest density.
This area of Fayetteville may not be considered"the heart"of Fayetteville. but those
of us that live here moved here because it still has the smaller town feel.We did not
move to this area of town to experience congestion.which has already increased
with the additional apartments on Rupple.Traffic flow in this area is already a
concern due to the limited east-west con
nectors est co ectors over 1-49 and this will certainly•
make matters worse.
A Planned Zoning District(PZD)booklet could be completed for minimal costs
compared to the property value.This would also give citizens an idea of what the
P P P Y
impact would be for the neighbors and all of Ward 4. Recently, a PZD was
completed by the Underwood family for the former Razorback Golf Course.While •
this was done voluntarily it does show goodwill and due diligence. •
Please consider these points when making a decision to change Ward 4
significantly.A lower density zoning or keeping the zoning as it makes more sense.
Thank you..
Erin Butler
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of tive(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public continent is allowed for an amendment. speakers will only be allowed to speak for three(3)
minutes.The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks. reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor. must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
CITY OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Chris Butler
Address or Ward* • Address
Ward
Locate Your Ward Number
Address* 4296 W Coneflower Place
Phone Number 7062556067
Email butlergs@gmail.com
Meeting Body* City Council and Planning Commission
Agenda Item Up-Zoning Marinoni Farm
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments Dear City Council.,
I am writing to strongly oppose the up-zoning Marinoni farm to the highest density.
Traffic flow in this area is already a concern due to the limited east-west connectors
over 1-49 and this will certainly make matters worse. Wedington is already awful and
I would hate to see it repeated in this area.
A Planned Zoning District(PZD)booklet could be completed for minimal costs
compared to the property value.This would also give citizens an idea of what the
impact would be for the neighbors and all of Ward 4. Recently. a PZD was
completed by the Underwood family for the former Razorback Golf Course. While
this was done voluntarily it does show goodwill and due diligence.
Please consider these points when making a decision to change Ward 4
significantly.A lower density zoning or keeping the zoning as it makes more sense.
Thank you.
Chris Butler
4296 W Coneflower Place
Fayetteville. AR 72704
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment,speakers will only be allowed to speak for three(3)
minutes. The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks. reflections as to integrity. abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor. must immediately cease speaking and shall leave the podium.
1
Enter the text you want this field to display
it
CITY OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Michael Lieber
Address or Ward* Address
• Ward
Locate Your Ward Number
Ward* Ward 4
Phone Number 4795217895
Email mikelieber1@yahoo.com
Meeting Body* City Council
Agenda Item 3030-1003. Rezoning of Marinoni FArm property
Number/Subject �!P , c ',r. -. _ -'a r=,
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments .The area west of 1-49 along Wdungton Drive is to put it mildly aesthetically
incompatible with the area est of 1-49. The latter is almost entirely single-family •
residential(except just abutting the interstate). The proposed rezoning would allow
the .ugly"across 1-49"character to despoil the quiet RSF4 nature of the •
neighborhood. I am sure there would soon be a need for better access to the new
development from Sang avenue, possibly cutting across the Heckathorn property
near the Temple Shalom building. greatly increasing traffic in that quiet
neighborhood. not just along Wedington.
• Moreover. I think the city could be more far-seeing and adventurous in deciding the
•
• fate of this property. I propose investigating the possibility of the first Community
Solar Energy installation in Arkansas... If you check Wikipedia you will discover that
there are numerous such projects under development in several states. six in
Florida communities alone.The Marinoni property. being flat with a clear view to the
south would seem to be an ideal location.There are several different ways to
organize such a solar farm.
At one time in the past the possibility of putting a natural history museum and/or
planetarium on the site under the auspices of the university.
Perhaps the'lame duck"City Council should punt this vote over to the January
meeting when the new council will be seated. I certainly hope that the present
request not be granted until further ideas can be researched.
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. if public comment is allowed for an amendment,speakers will only be allowed to speak for three(3)
minutes. The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor. must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
• Friends of Markham Hill
An effort to save the mountain from development and make it a nature,wildlife,
historic,and Native American preserve in the middle of Fayetteville,Arkansas
12 W Dickson St,#4874
Fayetteville,AR 72702
Letter Opposing Marinoni Rezoning Request
To: Mayor Jordan and City Council Members, City of Fayetteville
From: Robert Koser, Co-founder of Friends of Markham Hill
12/14/2020
Dear Mayor Jordan and City Council Members,
Our Friends of Markham Hill group would like to officially voice our opposition to the rezoning request on the
Marinoni property to be discussed at the December 15, 2020 City Council meeting, item B.4, 2020-1003 RZN 2020-
014.
We are opposed to this particular rezoning request for several reasons:
(1) The southern part of the Marinoni property is part of Markham Hill's intact urban forest.Thankfully, the City
of Fayetteville did a land-swap with the University of Arkansas to obtain and protect Joy Pratt Markham's 62-
63 acres of land she donated to the U of A in 1976 when she died.We understand this land will be preserved
as Mrs. Markham requested. She would be happy about the proposed soft-surface multi-use trails for
residents to enjoy nature,wildlife, study, fresh air, and quiet in her historic woods. We believe the southern
part of the Marinoni property should also remain natural, as a buffer between the City's nature preserve and
the development that the Marinonis hope for their land. No trees should be cut down. We need to preserve
Fayetteville's forests and green space for future generations, especially when the effects of climate change
and impervious surfaces get even worse.
(2) The eastern part of the Marinoni property is adjacent to the foothills of Markham Hill and Maple Hill.They
contain low-density historic neighborhoods where trees and a quiet and safe community have long-existed
and are highly valued. We believe that the eastern part of the Marinoni property should remain natural in this
case as well, to respect the neighborhoods in this area. We need to preserve Fayetteville's historical areas. If
we don't, a large portion of our uniqueness as a city is destroyed. We don't want to become like other over-
developed cities covered with cement, lacking character.
In summary, please do not approve this rezoning request on the Marinoni property. We believe a studied and planned
out PZD that is considerate of the overlapping natural areas and the surrounding historic neighborhoods is more
appropriate.
Sincerely,
Robert Koser
1777 W Halsell Rd
Fayetteville,AR 72701
CityClerk
From: CityClerk
Sent: Tuesday, December 15, 2020 3:06 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker,Jodi;
Johnson, Kimberly; Rogers, Kristin;Williams, Kit; Branson, Lisa;Jordan, Lioneld; Mathis,
Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: Laura Jean
Subject: FW: City Council Meeting, Rezoning of land near Wedington.
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
citvclerk(a fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
._ FAYETTEVILLE
ARKANSAS
From: Laura Jean<laurajean1917@gmail.com>
Sent:Tuesday, December 15, 2020 1:52 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Re: City Council Meeting, Rezoning of land near Wedington.
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.
PS-
When I moved here, Fayetteville,AR was rated the most affordable modern City in The United States. With our diverse
socioeconomic growing population, I'd love for Fayetteville to keep our#1 reputation.
Thanks Again,
Laura Jean Surrago
On Tue, Dec 15, 2020, 13:48 Laura Jean <lauraiean1917@gmail.com>wrote:
1
Hello,
I am a resident of Fayetteville, and I am unable to attend the virtual meeting.
I hope that you will forward my thoughts on this issue to City Council Members.
I have lived here for 7 years and this city has changed and grown a lot. What we definitely need is housing; decent, affordable
housing to accommodate our population growth.
Many people and families rent apartments here in Fayetteville, including myself. And when the landlord sells the property, or
the building burns down, there is simply nowhere to in move to.And with more people moving to Fayetteville for education,
work, to live close to elderly family members, Veterans moving here for The VA Services, Canopy NWA, Fayetteville needs
more housing options for everyone.
I am all for it, with a couple of concerns.
-Adequate natural space for the wildlife living in the area. Perhaps a buffer zone between proposed apartment buildings and
pre-existing homes and places of worship. Maybe a small park.
-Adequate roadways with appropriate low speed limit. to accommodate the extra traffic, with street lamps and traffic lights for
safety.
Thank you for your consideration.
Laura Jean Surrago
2
CITY OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Lisa Orton
Address or Ward* • Address
Ward
Locate Your Ward Number
Address* 1663 West Halsell Rd
Phone Number 4106748440
Email lisa_m_orton@yahoo.com
Meeting Body* City Council
Agenda Item Marinoni property rezoning request
Number/Subject -
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments Dear City Council,
I am opposed to this particular rezoning request.
Please listen to the residents in the surrounding neighborhoods and Temple Shalom
members. and consider the adjacent intact urban forest of Markham Hill that will all •
be affected if this property is rezoned as requested. I believe our views should be
considered more important than the single property owner or developer asking to •
•
change the entire character of our neighborhoods and natural areas. •
•
•
How many people opposing this request are needed?Last I looked 30 individuals
wrote at least one letter opposing it and 6 individuals wrote a letter for it(mainly •
developers).Also. leadership of two organizations opposed it and leadership of two
organizations were for it.
Many in Fayetteville do not share the forced upzoning. mixed use; higher density.
infill philosophy that some have in Fayetteville. Not because of NIMBYism,white •
supremacy. or any other false label attached to the many in order to persuade
support of their own agenda. People of all races. ethnicities: and incomes in •
Fayetteville love their neighborhoods, trees, natural areas. wildlife, history. arts,
clean air, quiet, and small town feel. These are the people of Fayetteville. Please
listen to them.A new vision for Fayetteville's future can be created that this majority
can believe in.
•
Please oppose this rezoning request. Other more compatible rezoning would be
more appropriate. Like a PZD that protects the surrounding neighborhoods and
adjacent natural areas.
Sincerely,
Lisa Orton
•
•
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment.speakers will only be allowed to speak for three(3)
minutes. The City'Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks; reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
•
•
Enter the text you want this field to display
i I
L__
CITY OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Ryan Berner
Address or Ward* 4, Address
Ward
Locate Your Ward Number
Address* 2039 W Archer Drive
Phone Number 2144158638
Email ryanhberner@gmail.com
Meeting Body* City Council
Agenda Item Marinoni rezoning request
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments Against Marinoni rezoning request
Attachments ,
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning_of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of live(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three(31
minutes. The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public. all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
CITY OF
FAYETTEVILLE ARKANSAS Limited Public Forum
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* T.A. Sampson
Address or Ward* • Address
Ward
Locate Your Ward Number
Address* PO BOX 169 Cane Hill. AR 72717
Phone Number 4798248109
Email springfieldranch@aol.com
Meeting Body* City Council
Agenda Item Marinoni rezoning request
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments I may not live in Fayetteville but I am a user of 149 and the traffic in the Wedington
area is already horrendous. now you want to put in high density development?
Fayetteville needs to stop and take a look at the future. Its not all about growth and
tax revenue, it should be about quality of life. Just because the property is farm does
not mean it is only suited to development. You have heard about restoring prairies?
We are losing acres every day to development and I do not think these
developments are planned with anything but immediate tax revenue in mind. I do not
know if I would want to live in a house that was thrown up in less than a month. It
would appear you are already dropping the proverbial ball on Markham Hills and
developing this adjacent property would only further jeopardize the natural state of
the Markham property. I beg you to reconsider. We need to be preserving green
space. not developing it.
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments, Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment,speakers will only be allowed to speak for three(3)
minutes.The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor. must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE,ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification, the
owner, developer, or buyer of this property, (hereinafter "Petitioner") Paula Marie Marinoni;
Paul A. & Suellen M. Marinoni; Rosa Linda Robinson; Marla Ann Blake; Amy Jean Woolfolk
(Frank); Lara N. Henry; Mary Sue Shaw, hereby voluntarily offers this Bill of Assurance and
enters into this binding agreement and contract with the City of Fayetteville,Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce any
and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and
agrees that if Petitioner or Petitioner's heirs, assigns,or successors violate any term of this Bill of
Assurance, substantial irreparable damage justifying injunctive relief has been done to the
citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville
Planning Commission and the Fayetteville City Council will reasonable rely upon all of the
terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's
rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville
City Council.
1. The use of Petitioner's property shall be limited to: The east 100 ft. of the property to
be rezoned to CS, (Community Services)will be limited to a maximum of three stories. The east
100 ft. of the property to be rezoned to UT, (Urban Thoroughfare) south of Lancelot Ave., will
be limited to a maximum of three stories and from that 100 ft. line and proceeding to the west an
additional 100 ft., will be limited to a maximum of five stories. Thus, 100 ft. depth on east side
is limited to a maximum of three stories and 100 ft. depth to the west of that is limited to a
maximum of five stories in the UT zone.
2. Other restrictions including number and type of structures upon the property are
limited to N/A
3. Specific activities will not be allowed upon petitioner's property include
N/A
4. (Any other terms or conditions) N/A
5. Petitioner specifically agrees thatall suchrestrictions
p y gr and terms shall run with the
land and bind all future owners unle
ss and until specifically released byResolution p yof the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Paula Marie Marinoni, as the owner, developer or buyer (Petitioner) voluntarily offer
all such assurances and sign my name below.
January 5, 2021 Paula Marie Marinoni
Part Owner, Representative
Date
Printed Name
617 W. Lafayette St.
Fayetteville, AR 72701
Address
Signature
NOTARY OATH
STATE OF ARKANSAS}
} .ss
COUNTY OF WASHINGTON}
��d no on this the day of�,., _ 2021, appeared before me,
, a Notary Publi rd after ping placed upon his/her oath swore
or affirmed that he/she agreed with the terms o the above Bill of Assurance and signed his/her
name above.
•••`Gpt until. NOTARY
My Commission Expi '$? M�0s19 F s f
OOTAf3y m.
�
•+ �.
U c
y'. �' 8l1 :yam
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Rosa Linda Robinson, as the owner, developer or buyer (Petitioner) voluntarily offer
all such assurances and sign my name below.
January 5, 2021 Rosa Linda Robinson
Date Printed Name
S' nature
NOTARY OATH
STATE OF ARKANSAS }
} .ss
COUNTY OF WASHINGTON�� }
ex:_d now on this the 6 " day of i_ _. , 2021, appeared before me,
µ ,
, a Notary Publi.1 d afte Iaeing placed upon his/her oath swore
or affirmed th�/she agreed with the terms of the above Bill of Assurance and signed his/her
name above. L—hiszst
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5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Marla Ann Blake, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
January 5, 2021 Marla Ann Blake
Date Printed Name
Signature
NOTARY OATH
STATE OF ARKANSAS
} .ss
COUNTY OF WASHINGTON } !Ldt .And now on this the J day of 1,, 2021, appeared before me,
/1 404 4na� � , a Notary Publi Irvd aft; eing placed upon his/her oath swore
or affirmed that he/she agreed with the terms o the above Bill of Assurance and signed his/her
name above. "--7kskut w
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5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Amy Jean Woolfolk (Frank), as the owner, developer or buyer (Petitioner) voluntarily
offer all such assurances and sign my name below.
January 5, 2021 Richard W. Frank,
POA for Amy Jean Woolfolk(Aka Amy Jean Frank)
Date Printed Name
0001"C-014 C P Zeotmk-
Signature
NOTARY OATH
STATE OF ARKANSAS }
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• And ngw n this the O.- day o'� �� , 2021, appeared before me,
Amp"- at ik�,wiw Ary�i��'�;,1 , a Notary Pub sand aft*being placed upon his/her oath swore
or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her
name above.
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5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Lara N. Henry, as the owner, developer or buyer(Petitioner)voluntarily offer all such
assurances and sign my name below.
January 5,2021 Lara N. Henry
Trustee of the John P. Marinoni and Elizabeth F.
Date Marinoni Irrevocable Trust Dated May 27, 2008
Printed Name
: (JA/AiY)-
Si e
i
NOTARY OATH
STATE OF ARICANSAS}
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COUNTY OF WASHINGTON}
And now on this the 5* day of SAv .AA(4 , 2021, appeared before me,
, a Notary Public, and after being placed upon his/her oath swore
or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her
name above.
NOTARY PUBLIC
My Commission Expires:
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PAMELA R. RABEN
NOTARY PUBLIC-ARKANSAS
BENTON COUNTY
MY COMMISSION EXPIRES:08-18-21
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Paul A. Marinoni, Jr., as the owner, developer or buyer (Petitioner) voluntarily offer
all such assurances and sign my name below.
January 5, 2021 Paul A. Marinoni,Jr.
Date Printed Name
Paul A. Marinoni, Jr. and Suellen M. Marinoni, Co-Trustees of the Paul A. Marinoni
2007 Revocable Trust Agreement u/a/d November 13, 2007
c }
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And now Qn this the 644.‘ day of IL _,.A , 2021, appeared before me,
IA A. Mtn nzi. • , a Notary Public, d after ing placed upon his/her oath swore
or affirmed that he/she agreed with the terms f e abov: :ill of Assurance and signed his/her
name above.
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5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Mary Sue Shaw, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
January 5,2021 Mary Sue Shaw
Date Printed Name
f
Signature(
NOTARY OATH
STATE OF PENNSYLVANIA}
} .ss
COUNTY OF YORK}
d no on this the day of 021, appeared before me,
cra.t(l � . ��`L , a Notary Public, and after bei , placed upon his/her oath swore
or affi ed that he/she agreed with the terms of the above B' of Assurance and signed his/her
name a ve.
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5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, 1, Mary Sue Shaw, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
January 5,2021 Mary Sue Shaw
President of Marinoni, Inc. —General Partner
Date Printed Name
�.J a�
Signature !
NOTARY OATH
STATE OF PENNSYLVANIA}
} .ss
COUNTY OF YORK}
941
noon_ this the day of ' �, ,, 2021, appeared before me,
a a Notary Public, and after be' g placed upon his/her oath swore
or ed that he/she agreed with the terms of the above Bill o Assurance and signed his/her
name a ove.
1�0TARY -:'` C
My Commission Expires:
Commonwealth Of Pennsylvania~Notary Seal
\ t ` Julia OeVoe,NotaryPublic
�' ��� ��� York County
My Commission Expires Aug 26,2023
Commission#12 0567
CityClerk
From: CityClerk
Sent: Tuesday,January 5, 2021 11:26 AM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Hertzberg,
Holly; Batker,Jodi;Jones, D'Andre;Johnson, Kimberly; Rogers, Kristin;Williams, Kit;
Branson, Lisa;Jordan, Lioneld; Mathis,Jeana; Paxton, Kara; Petty, Matthew; Mulford,
Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark;
Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle
Cc: pm@paulamarinoni.com
Subject: FW: Please distribute: Modification to the Marinoni Request for Zoning
Attachments: Marinoni East Overlay Modification for Rezoning.pdf
Please see email below.
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street. Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerk(a.fayetteville-ar.qov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
�' FAYETTEVILLE
ARKANSAS
From: pm@paulamarinoni.com <pmm6170@cox.net>
Sent:Tuesday,January 5, 2021 9:23 AM
To: Paxton, Kara <kapaxton@fayetteville-ar.gov>; CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Please distribute: Modification to the Marinoni Request for Zoning
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.
To Mayor Jordan, staff and council members;
1
In regard to the rezoning request for the Marinoni farm. The Marinoni family would like to offer a modification to the
request, 2020-1003 RZN 2020-014:
Along the far east property line from the City's new park, all the way down to the end of Lancelot, outlined with a swivel
red line on the attached exhibit,the family will agree to an overlay of 100 feet from the east property line with a
maximum of 3 stories and then in the next 100 feet to the west, a maximum of 5 stories, on the area zoned for Urban
Thoroughfare.
On the area to be zoned Community Services,the 100 feet would be a maximum of 3 stories, without the additional 100
feet, as it wouldn't be needed.
Also, on 2020-1067 Amendment to CS and UT, the Marinoni family has no problem with that. However, you may want
to consider that to give something a "Conditional Use" usually implies that if it doesn't work out that it can be
reversed. If someone puts in a gas station or drive-thru restaurant, it would be pretty impossible to sell the building for
another use if the Conditional Use permit was revoked, thus causing great harm to the owner. If you don't want it in, it
might be better to leave it out. Also, the current pandemic has surfaced how important it is to be able to "drive thru". It
may be short sighted to restrict it now before restaurants have a clear understanding of how this pandemic is going to
impact future consumer demand. The same probably applies to the single family and two family. How would you
reverse it if it didn't work out. Then why do a "Conditional Use"?
Thank you for your consideration,
Paula Marinoni
Part owner and broker
For the Marinoni family
�2ececfiir� �io-,Er/t
"Best Places" Realty
pm(o�PaulaMarinoni.com
479-466-4128
2
REOUESTED ZONING ''`- MARINONI REQUEST FOR ZONING >� , • . i.c_�ro�ni
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CityClerk
From: CityClerk
Sent: Monday, January 4, 2021 1:52 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Hertzberg,
Holly; Batker,Jodi; Jones, D'Andre;Johnson, Kimberly; Rogers, Kristin;Williams, Kit;
Branson, Lisa;Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford,
Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark;
Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle
Subject: FW: RZN-2020-000014 (Rezone for Marinoni Farms Property)
Please see email below.
From: Masters,Jessica <jmasters@fayetteville-ar.gov>
Sent: Monday,January 4, 2021 1:39 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: FW: RZN-2020-000014 (Rezone for Marinoni Farms Property)
Good afternoon, Clerk's office,
Please see below for public comment on RZN-2020-000014 (2020-1003).This item is scheduled for City Council on
January 5. Please let me know if you have any questions. Many thanks,
Jessie
Jessie Masters
Senior Planner
City of Fayetteville,Arkansas
(479)575-8239
www.favettevil le-a r.gov
Website I Facebook I Twitter I Instagram I YouTube
•�?� CITYY EOF
vir ARKANSAS LE
waKwMsws
From: Donna Wonsower [mailto:donna.wonsower@gmail.com]
Sent: Monday,January 04, 2021 12:23 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: RZN-2020-000014 (Rezone for Marinoni Farms Property)
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.
Good afternoon,
Could you please send me what information you can on the Marioni Rezone? Have you received any development plans
yet or are you strictly at the Rezone stage?
I have my own Planning Commission to attend in Centerton the night of this project, but generally speaking I believe the
proposed zoning request is both compatible and consistent with the location, and generally would be better for the city
in the long run than what it there now.
Donna Wonsower
2149 S Emma Ave
Fayetteville
2
C;TY OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Lisa Spies Swinford
Address or Ward* • Address
Ward
Locate Your Ward Number
Address* 1640 Lunsford Ave.
Phone Number 573-579-0404
Email spies123@aol.com
Meeting Body* City Council
Agenda Item SREG's requests variance's regarding Marinoni Rezone
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments Dear City Council.
I oppose the variances requested by SREG and the Sang Ave. street connection
•
request by SREG on Markham Hill.Absolutely no more deforesting should be
allowed.The part of Markham Hill they have already deforested. altered forever, and
removed is heartbreaking.
I also oppose the high density rezoning of the Marinoni property. This would only
draw more traffic, congestion, and chaos to the streets and properties.
In both cases, our urban forests should be preserved and protected, and our low
•
density. tree filled. historic neighborhoods in the Markham Hill area should be
respected and preserved.
•
After submitting plans for zoning on Markham Hill. SREG now comes back asking
the city council to give them even more leniency in how they develop Markham Hill.
This will include but isn't limited to a connection between Markham Hill Road and
Halsell Road'This will dramatically increase traffic flow, cause even more
destruction to existing green space. and make the area SO congested and over-run
with cars.that it will make driving home feel like a NY City alley. •
SREG also wants to increase square footage for their event space, parking lots. and
streets. The city council already went against public opinion and allowed SREG to •
increase the frontage allowed for the first phase of'development. removing more •
trees!There were many pre-printed, submitted forms in favor of that move, as
documented in the Fayetteville Flyer archives. Guess who filled out those forms?
The answer is SREG employees!!There were also many more letters from local,
long standing Fayetteville residents opposing SREG's requests. However,the
council ignored all of those pleas, and well expressed ideas of why development on
Markham Hill is a bad idea.
To this point, the council paid little mind to what is good for the existing
neighborhood, and current Markham Hill residents.
As you know. right now. there is a petition to stop developing Markham Hill. It has
over 10.000 signatures!! Fayetteville's population is about 87.00, so why aren't you •
paying attention to the gravity of the matter as presses in this petition?Please
acknowledge and answer that, •
As I watched the Arkansas Missouri BB game.the University played it's allotted •
video about student life in Fayetteville.The fall view of beautiful Markham Hill just
beyond the stadium was shown as the drone flew over,Why do you want to destroy
that peaceful and glorious scenery?
• Change course. now, and stop allowing SREG to destroy the last remaining forested
part of town. Markham Hill, which buffers Fayetteville from Interstate 49.Vote
against the Marinoni rezoning. and all of SREG's requested variances on Markham
Hill. •
Lisa Spies Swinford
U of A Graduate
Attachments •
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be Iimited to a maximum of fire(5) minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only it approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three(3)
minutes. The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall I
be ruled out of order by the Mayor. must immediately cease speaking and shall leave the podium. •
CflY OF
11:l..!)
FAYETTEVILLE ARKANSAS Limited Public Forum
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Natalie Hall
Address or Ward* • Address
Ward
Locate Your Ward Number
Address* 1974 W. Osage Bend
Phone Number 4796407135
Email natnkev1@att.net
Meeting Body* City Council and Planning Commission
Agenda Item C12 2020-1003 RZN Marinoni Farms
Number/Subject - _-
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments I acknowledge the inevitability of commercial businesses along Wedington and the
interstate. I exhort you, however.to thoughtfully consider our city and what makes it
so unique and attractive to current and potential residents.
Please emend the Marinoni zoning request to protect the extreme southern and
southeastern edge of the property.Adding this acreage to the new city trails park
would provide a buffer from commercial traffic and related nuisances for the existing
neighborhoods, will conserve more of the forests and natural beauty of the area, and
will preserve essential wildlife habitats. We are extremely concerned that the
construction slated for Markham hill will irretrievably harm the natural beauty of
Fayetteville's west side. Specialized Realty's obliteration of trees on the property on
Markham and Cross Avenues is a sobering reality of what future construction (under
current development practices)holds for our special city. Preserving additional
green space will help protect our beneficial forests, magnificent wildlife, and tranquil
neighborhoods.
Thank you.
Natalie Hall
I
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment,speakers will only be allowed to speak for three CI)
minutes.The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public. all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks. reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
CITY OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Lisa Banks
Address or Ward* Address
• Ward
Locate Your Ward Number
Ward* Ward 2
Phone Number 4793010798
Email demarabanks@yahoo.com
Meeting Body* City Council
Agenda Item Rezoning Marinoni property south of Wedington DR
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments Hello, Fayetteville City Council.
am pleading on behalf of my mother, age 97. who has property on Sang Avenue in
Fayetteville. that the rezoning on the Marinoni property not be approved.As stated
in your Code of Ethics, you are committed to use resources with efficiency and
economy, and to serve others. not yourselves. The rezoning would bring more traffic
to the area. and prompt more deforestation. My mom enjoys the deer who come up
into her yard. She has seen coyotes raccoons, opossums and skunks on her land.
What will happen to all these animals when the land is covered with asphalt and
houses?She enjoys the peaceful land around her.
Susan Jeffers states in her book. Brother Eagle, Sister Sky.the words of Chief
Seattle concerning caring for the environment. "His words have inspired a most
compelling truth: In our zeal to build and possess.we may lose all that we have.
We have come late to environmental awareness. but there was a thundering
message delivered a century ago by many of the great Native American chiefs,
among them Black Elk. Red Cloud. and Seattle.
To all of the Native American people. every creature and part of the earth was
sacred; it was their belief that to waste or destroy nature and its wonders is to
destroy life itself.Their words were not understood in their time. Now they haunt us.
Now they have come true. and before it is too late,we must listen."
Thank you for your time. Perhaps the area could be made into a park or nature
preserve.
Sincerely, Lisa Banks
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of live(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or •
majority vote. If public comment is allowed for an amendment. speakers will only he allowed to speak for three(3)
minutes.The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
CITY OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
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Full Name* Rita Miller
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Phone Number 7755306534
Email mml3egm@gmail.con
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Position Opposed
Comments Save the remaining Markhan Hill urban Forest by denying the Marinoni expansion.
The neighbors. residents and wildlife all need to be considered above the
developers. Fayetteville's beauty is on the open areas and an important reason to
save these last remaining areas for everyone.
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five(5)minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three 1 )
minutes. The City Council may allow both a speaker additional time and an unsigned-up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
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be ruled out of order by the Mayor. must immediately cease speaking and shall leave the podium.
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CityClerk
From: CityClerk
Sent: Tuesday,January 5, 2021 1:22 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Hertzberg,
Holly; Batker, Jodi; Jones, D'Andre;Johnson, Kimberly; Rogers, Kristin;Williams, Kit;
Branson, Lisa;Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford,
Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark;
Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle
Cc: Curth, Jonathan
Subject: FW: RZN-2020-000014 (Rezone for Marinoni Farms Property)
Attachments: image001.png
Good afternoon,
Please see the emailed public comment below from Ms. Wonsower regarding the Marinoni rezoning on the agenda for
January 5th, 2021.
Thanks,
Jonathan Curth,AICP
Development Review Manager
City Planning Division
City of Fayetteville, Arkansas
jcurth@fayetteville-ar.gov
479.575.8308
Website I Facebook I Twitter I Youtube
From: Planning Shared
Sent:Tuesday,January 05, 2021 6:50 AM
To: Curth,Jonathan<jcurth@fayetteville-ar.gov>
Subject: FW: RZN-2020-000014(Rezone for Marinoni Farms Property)
From: Donna Wonsower [mailto:donna.wonsower@gmail.com]
Sent: Monday,January 04, 2021 8:39 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Re: RZN-2020-000014 (Rezone for Marinoni Farms Property)
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.
Good evening,
I did receive the attachments and have also read over the other public comments. I understand the concerns regarding
traffic, and given the narrative described in the rezoning letter concerning "live, work, shop, play"this does appear to be
an area where a traffic study could be warranted during the later plan reviews to determine impacts to
adjacent properties and what would need to be done to mitigate those.
1
Regarding the zoning itself, I stand by my initial assessment that the requested zoning would be of a better long term
benefit to the city than the current low density single-family use. The property faces a major road and provides a major
opportunity for infill.
Habitat should be preserved as much as possible, but this is a conversation best had for later stages in the planning
process. It is good to see though that the concept plan agrees with the master street plan.
Best regards,
Donna Wonsower
On Mon,Jan 4, 2021, 1:27 PM Planning Shared <planning@fayetteville-ar.gov>wrote:
I will forward this to the planner that is working on it. Most of the attachments are really large so hopefully you will
receive this with no problem.
Thank you.
Andy Harrison
Development Coordinator
Planning Division
125 W. Mountain
City of Fayetteville, Arkansas 72701
aharrison@fayetteville-ar.gov)
T 479.575.8267 I F 479.575.8202
Website I Facebook I Twitter I Instagram I YouTube
From: Donna Wonsower[mailto:donna.wonsower@gmail.com]
Sent: Monday,January 04, 2021 12:23 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: RZN-2020-000014 (Rezone for Marinoni Farms Property)
2
, )N.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.
Good afternoon,
Could you please send me what information you can on the Marioni Rezone? Have you received any development
plans yet or are you strictly at the Rezone stage?
I have my own Planning Commission to attend in Centerton the night of this project, but generally speaking I believe
the proposed zoning request is both compatible and consistent with the location, and generally would be better for the
city in the long run than what it there now.
Donna Wonsower
2149 S Emma Ave
Fayetteville
3
RECEIVED
fJAN 212021
LLE
ClT C TY OF F>^R+c `
NORTHWEST ARKANSAS Ordinance:6398
I)emOC11t . ;,-..i (6AZCU*
_ File Num0-0 202E-1003
;:r y�• D, RZN 2020-014(SE OF 1-49&
« ' WEDINGTON DR./MARENONI
_ _ _ FARM):
P d_C7,'-,S;'ET1EVILLE,AP. '27C2•-79•4 2-170C.(-AY {7g-p,u5-I1'9• \VAT,N1'1.ADC;C'JM AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 20-014
LOCATED SOUTHEAST OF 1-49
AND WEDINGTON DRIVE FOR
AFFIDAVIT OF PUBLICATION APPROXIMATELY 112.85 ACRES
FROM RSF-4,RESIDENTIAL
SINGLE FAMILY,4 UNITS PER
I,Brittanydo solemnly swear am Smith, that I the Accounting Legal Clerk of the ACRE;LTI FAMMIL FAIL Y,RESIDENTIAL24 MU , UNITS PER
Northwest Arkansas Democrat-Gazette, a daily newspaper printed and ACRE;R-O,RESIDENTIAL OFFICE;
published in said County, State ofthatwas so related to this AND C-2,THOROUGHFARE
I Y Arkansas; COMMERCIAL TO UT,URBAN
publication at and during the publication of the annexed legal advertisement THOROUGHFARE AND CS,
the matter of: Notice pendingin the Court, in said County,and at the dates of COMMUNITY SERVICES,SUBJECT
TO A BILL OF ASSURANCE
the several publications of said advertisement stated below,and that during said BE IT ORDAINED BY THE CITY
periodsCOU and at said dates,said newspaper wasprinted and had a bona fide FAY TTE ILF THE RKACITY S
F
FAYETTEVILLE,ARKANSAS:
circulation in said County; that said newspaper had been regularly printed and Section I: That the City Council of the
published in said County, and had a bona fide circulation therein for theperiod of city gr Fayetteville,Arkansas hereby
� changes the zone classification of the
one month before the date of the first publication of said advertisement;and that property shown on the map(Exhibit A)
said advertisement waspublished in the regular dailyissues of said newspaper and the legal description(Exhibit B)
gboth attached to the Planning
as stated below. Department's Agenda Memo from RSF-
4,Residential Single Family,4 Units per
acre;RMF-24,Residential Multi Family,
City of Fayetteville 24 Units Per Acre;R-O,Residential
Ord 6398 Office;and C-2,Thoroughfare
Commercial to UT,Urban Thoroughfare
and CS,Community Services,subject to
a bill of assurance.
Was inserted in the Regular Edition on: Section 2: That the City Council of the
January 17, 2021 City of Fayetteville,Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
Publication Charges: $104.88 change provided in Section 1.
PASSED and APPROVED on 1/5/2021
Approved:
Lioneld Jordan,Mayor
BrittanySmith Attest:
Kara Paxton,City Clerk Treasurer
75370721 Jan 17,2021
Subscribed and sworn to before me
This ) day of ,,_, 2021.
(j
Notary Public /
My Commission Expires: 24Z47(24
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.