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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 MA0\N AVE R -N1F-24 O v�� 1 ,L ■ Marinoni Farms Property I EXHIBITrAr RZN-2020-000014 i ul HATFIELD ONo� 6t` N Q VALLEY DR ST w WEDINGTON DRw o. z a z' Q > 6 Q ` w W Z two �J R-0 Z 0 ICL ORA DR 'I � MCMILLAN DR ■ � ■ Proposed P-t / �� ■ UT ■ IL■■■■■■■■■`1NCOLNWOOD DR Subject Property ■ Pfposed CS ■ ■ memo ■� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ I RSF-; 1 1 ' 6IR i i w 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' .1 E. G T ie 2 Center ,�u�, RID 'e- d ton Dr Insit upportive Ctre Center City .11,fighborhood Natural Pedestrian -Shed t ti64' Ora Dr V', Berry Owft.im 101 Laren Or 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 tAOTARr -JD' • �.� rn v: pUBL►C 4� couNTY ;♦♦ ��11111� 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� ?' �gS101y• ;ci � s0 -*# 05 20�ae-io �Ci i kOIAR), W,�� N• PU8G ��n• .�: 41 may. P •.01 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 ��•ssidy • 9F ; , oe�o .os Zo�et4 ;2c t v NgTAR),rn �a•, •} COT ♦I COUNT4 NOT. 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 :. APPLICANT-PROVIDED _ - ►�,,� - • • _ - .. .� -�- .... . ~.r, 1, �' _ o • s. �,,s ,. _: _ ' r �, a. :"*....-a;:ile, - . . '44'ie'; .r- .., a. `" -at *- ;111' ,�.. .. ..! - ,- . i_ .... --..-,,.r -. itw .--' •__^ �� . . .` ra ;, r 4 1: >v.* �4. .. a s �••y. ' • • r _ -• r ,....t•., ,tit i. = ' l - '!iii i 4.- • lii l 447 ,_. aillei-11"s • X* . 17 ' ,,,e P.' , i. ii;fillitil' ..k.:-..., jggreggligt . : . , letillik:b 41.r.,,iget\-eimik-viiiiiiiirliiiiisii, .. 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 • Ati_• iAt p?.' .. F d {' ' �tI..M _lam __a .4-. . *. 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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 L____JL) III I I t I I I I I � R�IF-6 RI-12 0 0.125 0.25 0.5 Miles ail a w o R\IIi2` 2 z L...11 I ���'"'��'��-� �W WEDINGTON DR 11'/ it i I EDINGTON DR • ...de t• 4111111111111 c/ a = 'I 2 / w• • • •RsKP/.D i _• / .. I R%IF-24IX ili ..VV I = j JO RSF-4 _ - t • z I WW At ! NA 7:!! s ., ' • Subject Property �., yr an)r , RSF-2 ~� —��. ,r �. Eta CPZD �: • 1 O • Zoning -Fz GerenlRUWrw .--- RESIDENTIAL SINGLE-FAMILY EXTRACTION • EnRi.0 COMMERCIAL OM- Ri...] weeae,mei Office Legend - �, RSF 5 Mi AD,cuewel _C2 REF 3M _G3 4• R -' FORM BASED DISTRICTS 0 _ rose ` - - Planning Area RSF =M.,�S.Cente° Fayetteville City Limits RSF. I. — — / RESIDENTIAL MULTI-FAIRLY iM.Neyn.,coa Semce. Trail (Proposed) a asRMF< gEDZON�S R �RMF-IT PLANNED ZONING DISTRICTS -� 1=RMF-t3 ell -�••� I : Planning Area I----'- ,_- INSTITUTIONAL j _ jDesign Overlay District mi.,. N W.TRIAL Fayetteville City Limits T e. co....went L.I. R.m, Planning Co missic • - -----•9,20: Agenda Item RZN 20-000014 Marinoni Far RZN-2020-000014 Marinoni Farms Property Close Up View 1-I '' I w HATFIELD Q, O 6 VALLEY O \L .��'( D w Q DR ST m' ,0 3 0 -Qre p 3w 1 w w' gI vS-I, c i r' — % WEDINGTON DR a_ z O' > L1.1 � Rsip a w /\''' ko Z O � ORADR�o\NAVE MAR MCMILLAN DR Ts ��ii ,CI"7 ■ RMF-24 --Al ■ Proposed P4 - < 0 ■ UT ■ Pil ■ ■ ■ ■ ■ ■ ■ ■ ■`1NGOLNWOOp I 1 DR jSubject Property j i _ P�posed CS • ZIR w re f ' 1-.' MAPLE ST— _ _ f 47///„/A, / //,/,/ ..„,r,....„/.././. / . , . ..„, . . • ,. '/ /// ' R-A , NORTH Legend Zoning Acres Hillside-Hilltop Overlay District CS 23.0 Shared Use Paved Trail UT 84.7 Trail(Proposed) - I Design Overlay District Feet I_ IM • _ �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 + ► c. Q� r �,0�� .�.6a w VALLEY — ,; 14 �, DR " Vc�ti r 0� �� 30 w' e,:I .e ��tt o - / a� :Ali :— Single-Family Residential wow w._ mil': ..r`r....,=_-_ P►s.•, (l,i''a i. , ; `-+ v 0 , �� W E NGTO DR a _ a s s: 1+a Fitt .. 1 - ,+ 1 - i 744 s . _ O • f E �� ,fin : ``,A- Q? Religious E: a a I• r i �, fir. 03 -. - %, ,i.; 2 .a / � 1 ORA DR AVER �` MARv\N k 't' Q :� Undeveloped . •'...., . ,11i �;. MCMILL_AN DF * . 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Undeveloped • 4 .,, FEMA Flood Hazard Data Shared Use Paved Trail II 100-Year Floodplain 1111111 Trail (Proposed) _ _ Feet Floodway II MEM _ _ _� Planning Area 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 t:il "/ / iiii HOLLYST 0 ..p < ,..,' / g 0OC. w Q OR' �.`,�. w-: VALLEY DR -HATFIELD STD_ -' W O�a E' v 1 O = a� _ i WEDINGTON DR■L2 O i R 0 O. w '6Q/ ' ORADI • z ,weFV drolgw w pQz•Q Lm :w) j G "JI i; * iriaffs, 8 0) �',�' O BERRY ST A: - ';. - / , 3� ;,' % Subject Property L�NCOLNWOODO� II re 6Q wcity . Neighbor hood p-CREW + I i O a I I I ' I Natural PIER—SIMMON "-LOREN CIR ST : , i MAPLE ST .\ Non-Municipal TECHNOLOGY ' Government Residential WAY \ Neighborhood Legend 111111i City Neighborhood . . Civic Institutional L - _ Planning Area Civic and Private Open Space Fayetteville City Limits Industrial Shared Use Paved Trail Feet Natural Non-Municipal Government Trail(Proposed) 0 220 440 880 1,320 1,760 Residential Neighborhood _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 Website I Facebook I Twitter I Instagram I YouTube 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 X � NOTARY PU: 1 IC c �J My Commission Expires: .011111., % GA G,$ ,i •• •GOt 0 2f?�fQ � NOTARY m: ▪ j°UBLIC ;0. •. .ss'nO� :�VAT'..*12b°f°.•�� 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 NOTA' B I My Commission Expires: ,P`LIGyrp PG,SSION• eFi o..4 AS-204�.0*?i v NOTARY m: P_U BLOC' •V 7. I�1O,;O;```t�• 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 } } .ss COUNTY OF WASHINGTON�yt�} • 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. sk7k.„441.4 , vrir 41- NOTARY '`V:LIC My Commission Expires: %,,, •s`Gp,i UGT •• . cS ° NOTAR- y m': • •g ap..-Es co. z•. PuBUG , c. i y y, ram` � ti'ti C`o'yM.#126;•'�E�: eNcourc-4".` I/1/111so 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} } .ss 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: $.1V• 1.07.t OFFICIAL SEAL- #12383707 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 } ct\r/* • ignatur NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } 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. l � o111//s �.�S p,Y UGF,T fig NOTA UB My Commission E ` losidA,• •23 � UO�0%.o5-2o41 4 OTAR}- — lam n. : •: PUBL1C :u,. 0..s c } pro COUNTY•,♦ "I1111' 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. • A.1 1116 ‘\: )••Q NOTARY ' . . IC My Commission Expires: t Commonwealth Ot Pennsylvania.Notaryy s C.112V'r�L3N `� Julia Devoe.Notary Public York County My Commission Expires Aug 26.2023 Commission#1260561 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 : _. , CHANGES C � I ,3e .r� ! r é - .., C) 1. RSF-4 TO UT a, .... b -r 1;�- lira r in 2. RSF-4 TO CS ft "�'' ., ?', , _ ' 3. RO TO UT � /% n k�,a I $%�� , i �4r " 4. RMF-24 TO UT - ' /' . I ~�s. 7 r {ir .. j Pad I ; /.' r -- _'. 7 ' ,' m-.. P. $ LOCATION DESCRIPTIONS E - � r0 i A. EXISTING DESCRIPTIONS NI L/ j /. . ,_-� F. TUNNEL : �'i %� 1/,'"7,,,,/,-;,-.. r 1 I B. NEW CITY TRAILS �'``,� ,� 't% / ��• _01` �; PARK _ fj �j --: - _m- (62 ACRES) - ;, �, // v .t `; C.MARKHAM HILL S ' 4 til �� I ' �, : I MARMONICONCEPf DEVELOPMENT jig' i �� i , '� r _ .x' (144 ACRES) f. ' ° { D. CENTENNIAL PARK i. �< ,,y - � * (228 ACRES) lwi., � �/ {, y. ' 6i, - r ` - .';. ";'.- -',7';` _, .14 a t.. i -7 p ti ' .„ 7,,,,x.,281, :... - 4 ,:1- 4':41:tf .� sir ?y' • : } saau t �}i L „, `s tp�� I i f ` „ 4t' f 3�C- X'ij q".,...,,,,i,. y j'Q:^6„?R 1 B1 t ! ' F t: ; f �' • .:b 3y�,, �a�'�.� �� yp .,y s�Y- i 1 t�TA''a 7S �.,'s .,+ ,� 6 3 ' K t f 'b;r� h .: _ r���p v�R2 C Ly - 'y } a t -:7`f Y y AXIS PUN I FOR ED FORT ONt ASII ca+� �" atif, $ n,1 • '� 4 d g,-itr- { `• . ``"xf^' s na+ �ww�c usE 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. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Rita Miller Address or Ward* Address • Ward Locate Your Ward Number Ward* Ward 3 Phone Number 7755306534 Email mml3egm@gmail.con Meeting Body* City Council Agenda Item Number/Subject Locate City Council Agenda Item Locate Planning Commission Agenda Item 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 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,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.