LIVE UPDATES: Fayetteville City Council recap: Feb. 18, 2020

Staff said this vacation request presents unusual complications that aren’t normally encountered. This entire half-block of the neighborhood is encompassed with a water/sewer easement intended to facilitate a large public infrastructure project decades ago that was never installed. So the property owner has requested the city vacate it to allow for expansion of a house on the property. When looking into it, the city discovered a private sewer line that crosses the parcel and cannot be cut off from access for public health reasons. The Planning Commission recommended in favor of the request as long as a 5-foot wide water and sewer easement is retained along the property’s western boundary. However, city staff said at least 10 feet is needed on that particular side to ensure there’s still a standard total of 20 feet of easement space to access and maintain the sewer line.

Location:

Feb. 4 Discussion:
The property owner said the easement has been in place since the 1940s and has never been needed. He said homes have been built over the easement, and that building permits have been issued by the city to allow construction over the top of the easement. He said there have been a lot of mistakes made over the past 80 years regarding this easement, but taking 10 feet from him doesn’t negate any of that.

He said it’s not fair for the city to take that much buildable property from him for future potential service of a private sewer line that doesn’t even serve his house.

City staff said while it’s a private sewer line now, it will likely become a public sewer line in the future. If there’s not enough room to service that line, the city would be trespassing if it uses equipment outside of the easement and would be liable for any damage to that property.

The property owner said 10 feet on his side wouldn’t help add up to 20 feet of access space because the neighbors have already built into the easement themselves, and there are large, established trees within the easement. It’s simply not practical for the city to take this land, he said, because a backhoe won’t fit into the area with or without the 10 foot easement.

City Attorney Kit Williams said there’s another option, although not a simple one. He said the city could vacate the entire easement which would require all of the property owners who use the private line to install sewer pumps to reverse the direction of their sewage if they want to use a separate public sewer line in the future when the private line becomes unusable.

Scroggin suggested leaving the ordinance on the first reading.

Staff said if the item is held for two weeks, they will investigate the area to see if the other homes would indeed need to install pumps to reroute their sewage to a public line.

The council agreed. The discussion will continue on Feb. 18.

Feb. 18 Discussion:

The city and the property owner has agreed to a compromise that would grant a 7 foot easement as opposed to the 10 foot originally proposed.

Decision:
The amendment passed 7-0, and the council approved the vacation.

The reason for the walk-on is that the project is under a time crunch, and needs a decision immediately. The project proposes affordable housing units, and part of the financing would use low income tax credits that must be applied for by March 2.

The property is on the north side of Wedington Drive between 51st and 54th avenues. Although a 9-acre portion of the property is currently within the city limits, a larger 30-acre portion is in unincorporated Washington County. The applicant said the annexation is needed so that a portion of the property can be developed and the remainder left in agricultural or open space use.

Both the Planning Commission and city staff are in favor of the request.

Location:

Discussion:

City Attorney Kit Williams began by requesting a change to correct the acreage of the project from 30.04 to 34.85 acres.

Jeff Webster, President of the Endeavor Foundation gave an overview of the project, which aims to provide affordable housing for individuals who make between $20,000-$50,000 annually. Webster said that around 150,000 people in the region fall into this category.

The project will include a working farm, and about 90 residential units, including duplexes and triplexes with a majority of the units will rent for between $400-$700, and the rents will be locked for 35 years.

A number of organizations are involved in the project, including New Heights Church, Strategic Realty, Potter’s House, Hark, Community Benevolence Fund, Joshua Center, Cobblestone Farms, Anthology Real Estate, and 99 Balloons.

Fayetteville Housing Authority Executive Director Angela Belford spoke in favor of the development, and touted the collaboration of the multiple partners involved as a strength of the project.

Decision:
The council advanced the resolution to the final reading, and voted unanimously to approve the project, 7-0.

The reason for the walk-on is that the project is under a time crunch, and needs a decision immediately. The project proposes affordable housing units, and part of the financing would use low income tax credits that must be applied for by March 2.

Both the Planning Commission and city staff are in favor of the request.

Location:

The council last year passed a resolution of intent to approve this cost share agreement so that the developer could move forward. The developer received three bids for construction with Gene Nicholas, LLC being the lowest bidder.

Location:

Discussion:
Council member and Water and Sewer committee member Mark Kinion said the cost share is a good deal for the city.

There was no other discussion of the item, and no public comment.

Decision:
The resolution passed unanimously, 7-0.

The work includes installation of approximately 968 linear feet of 4’x3’ box culvert to 36” storm sewer pipe from Walnut Avenue, east along Johnson Street, north along Olive Avenue and ending on the north side of Rebecca Street. The project replaces existing storm sewer pipes and ditches that are deteriorating and are too small to handle the amount of water that drains through the neighborhood during larger rain events.

Location:

Discussion:
There was no discussion.

Decision:
The resolution passed unanimously, 7-0.

The applicant originally requested RMF-12, but at the Planning Commission’s suggestion, the request was changed to RI-U. The major differences are that RI-U doesn’t have a density cap, but RMF-12 allows apartment complexes instead of just duplexes, triplexes and fourplexes.

Both the Planning Commission and city staff recommend approval of the request.

Location:

Discussion:
City Council Member Teresa Turk requested that the council leave the request on the first reading to allow for more time for the public to weigh in on the project. A motion to advance the ordinance to the second reading failed 5-2, with Turk and Kinion voting against, and Mayor Jordan electing not to cast the necessary sixth vote.

Decision:
The ordinance was left on the first reading.

Both the Planning Commission and city staff recommend approval with the following conditions:

1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer’s expense.
2. A 15-foot by 20-foot utility easement shall be dedicated at the southwest corner of the subject property.

Location:

Discussion:
There was no discussion.

Decision:
The vacation passed unanimously.

The property includes about 8.6 acres on the south side of Wedington Drive between Broyles and 54th avenues. It is largely undeveloped except for a single-family house near Wedington. The southern portion of the property includes floodplain and floodway associated with Owl Creek.

The applicant proposes a mini-storage facility with an associated office building.

The Planning Commission recommended approval with the following conditions:

1. The area south of the proposed mini-storage structures that is alternately described as right-of-way and access easement shall be dedicated as right-of-way at the time of development; and
2. An access easement shall be dedicated between the proposed parking lot serving the office/retail building and the property to the east.

However, city staff recommend denial of the request. They said the city’s 2040 plan calls for strictly residential uses in this area. Another issue is that staff believes the development would create a barrier that would prevent connectivity. And while the applicant did offer to dedicate right-of-way for a future connection, the offer was for land 800 feet south of Wedington, which staff said is too far away.

Location:

Discussion:

The applicant said that they have designed the self storage units to be “virtually invisible,” with a building at the front of the property, and landscaping surrounding the property. He also said there is a need for self storage in the area.

There was no public comment.

Decision:
The ordinance was left on the first reading.

This amendment is proposed to allow more flexibility in the types of bonds that would be accepted, and to establish a framework for how the bonds should be accepted, used and/or released. A performance surety, as well as a letter of credit is proposed to be allowed, which, staff said, corresponds to bonding types allowed throughout the UDC, and is more consistent with peer cities throughout the region and state.

Staff said they, along with representatives from the attorney’s office have meet with representatives from the franchise utility companies, and the proposed amendment is the result of a combined effort to allow more flexibility, while still maintaining protection for city infrastructure.

Discussion:
There was no discussion.

Decision:
The council advanced the ordinance to the third and final reading, and approved it unanimously 7-0.