Fayetteville City Council recap: Nov. 15, 2022

Background:
This item would undo the Planning Commission’s decision to approve a conditional use permit for a cluster home development on Oak Bailey Drive. It was brought forward by neighbors in the surrounding area, who claim that the decision did not adequately consider compatibility with adjacent properties.

Location:

Oct. 4 Discussion:
The applicant said if the council wants to hold the item until mid-November, that would give them some time to meet with the neighbors and show them their plans in hopes that it would help alleviate some of their concerns.

During public comment, 10 people spoke against the permit and three people who are the developers spoke in favor. Those against the development mentioned concerns about potential water runoff, increased traffic and increased density if the property is developed as planned.

The council voted 7-0 to table the resolution until Nov. 15. Jones was absent during the vote to table.

Nov. 15 Discussion:
A group of residents submitted a list of conditions they would like to see placed on the project if the permit is approved. See that list here.

Eleven residents spoke against the permit, citing concerns about traffic congestion, pedestrian safety and drainage issues if the property is developed as planned.

Scroggin said the area needs some improvements, but it also needs added density. He said he hopes to be able to implement some of the conditions the residents have proposed.

“I look forward to voting for this, but it’s not there yet,” Scroggin said.

Bunch said she’s not interested in tacking on conditions tonight, considering some of the information presented has only been available for a few hours.

“I think it’s close, but seeing that we have had no time to look over it all, I don’t think it’s very wise to try and put something together tonight,” said Bunch.

The council voted 8-0 to table the resolution until Dec. 6.

Background:
At just over $216 million, the proposed 2023 budget is about $25 million more than the 2022 budget.

Councilmembers last week were told the increase is due an addition of about 45 full-time employees, mostly in the police and fire departments.

Discussion:
Jones asked if there was money in the budget for employee raises. Staff said yes.

Bunch asked if there was an Animal Services position proposed in the budget. Staff said yes.

Scroggin asked how many job openings there are in the Police Department. Staff said there are nine, but some are about to be filled.

Turk asked if there is any funding for cleanup of the water at Lake Fayetteville. Staff said there is not at this time, but the budget could be amended once a water quality study is completed. Turk said she didn’t want to wait until the study is complete. Staff suggested if a budget adjustment is made now, the money could come from ARPA funds that the city will receive since it is a water quality issue. Turk said she wants to be sure there’s still enough ARPA money left for the nonprofits who need pandemic relief. Staff said the money could be appropriated from sales tax capital fund reserves if the council doesn’t want to use ARPA funds. Turk made a motion to add $500,000 to the budget for cleanup work using sales tax capital fund reserves. Scroggin seconded. The motion passed 8-0.

Turk proposed a second budget amendment that would increase funding from $80,000 to $100,000 for a Sustainability and Resilience Department program that pays residents to pick up litter. That amendment passed 8-0.

The council approved the amended budget 8-0. Hertzberg was absent during the initial vote, but voted yes when she returned.

Background:
The Planning Commission last month voted 8-0 to deny a permit for a short-term rental on Price Avenue. Commissioners were concerned about the existing narrow streets and said having multiple short-term rentals in the area could destabilize the tight-knit neighborhood and the intent of the neighborhood’s existing overlay district.

City planners, however, disagree with that finding and said a short-term rental on the street is not likely to have a negative impact on the public interest. Staff said there is enough space available at the site to accommodate parking for overnight guests, and that trash containers are screened, and minimal disruptions are expected for neighbors.

Location:

Discussion:
Several neighbors spoke against approving the permit and said they didn’t like the transient nature of a short-term rental.

The representative for the applicant said the owner purchased the home with the intent of living in it, but health and job circumstances have led to a delay in them moving into the home full time so they’d like to rent it as a short-term rental until then. The owner plans to travel to town several times to stay in the home in the meantime.

The applicant said they’re willing to have the resolution amended to add some conditions that the home be advertised with some strict rules about the house when it’s listed on short-term rental sites.

Hertzberg said she’ll support the appeal because it sounds like the owner will be there often.

Jones said he’s concerned about setting a precedent for approving short-term rentals in small, established neighborhoods, so he won’t support the appeal.

Bunch said it’s one thing to put restrictions on a short-term rental advertisement about how the renters should behave, but it’s difficult to enforce those rules until a property becomes a problem.

Turk said it’s a unique neighborhood that has worked hard to preserve its tight-knit history. She won’t support the appeal.

Kinion said the family has a good plan for the home, but he will support the neighbors and side with the Planning Commission’s unanimous decision to deny the permit.

Hertzberg moved to include some conditions of approval that city staff have suggested (in the packet) as well as the conditions the applicant has suggested. That amendment passed 8-0.

Decision:
The council voted 5-3 to deny the appeal. Harvey, Jones, Kinion, Wiederkehr and Turk voted against. Bunch, Scroggin and Hertzberg voted in favor.

Background:
The Planning Commission last month voted 5-3 to deny a permit for a short-term rental on Houston Street. Those opposed said a short-term rental would be incompatible with the surrounding neighborhood, citing potential adverse impacts on neighbors with disabilities. Those in favor were supportive of the request to operate an ADA-compliant short-term rental.

City planners, however, disagree with that finding and said a short-term rental on the street is not likely to have a negative impact on the public interest. Staff said there is enough space available at the site to accommodate parking for overnight guests, and that trash containers are screened, and minimal disruptions are expected for neighbors. Further, staff said the applicant intends to provide an accessible unit to accommodate the underserved accessible community visiting Fayetteville.

Location:

Discussion:
Hertzberg said she’ll support the appeal because it’s an ADA-accessible short-term rental, which Fayetteville does not have very many of. Harvey and Turk agreed.

One person spoke during public comment and asked the council to deny the permit. She said the home would be better suited if Lifestyles Inc. could purchase it to use it for housing residents with disabilities.

Decision:
The council voted 8-0 to approve the appeal, meaning the short-term rental permit is approved.

Background:
The city was contacted by the Washington County Regional Ambulance Authority to request money from the city’s share of ARPA funds. The plan is to purchase 22 power load stretcher systems, four new ambulances, one ambulance remount, and increase pay for essential workers, according to a staff memo. If approved, the request will be funded by money appropriated from the American Rescue Plan Act received by the city.

Discussion:
There was no public comment.

Decision:
The council voted 8-0 to approve the resolution.

Background:
The city was contacted by Peace at Home Family Shelter to request money from the city’s share of ARPA funds. The plan is to add three shelter bedrooms with bathrooms, which could help up to 60 more adults and children fleeing domestic violence each year, according to a staff memo. If approved, the request will be funded by money appropriated from the American Rescue Plan Act received by the city.

Discussion:
There was no public comment.

Decision:
The council voted 8-0 to approve the resolution.