Welcome to the new Governmental Affairs page of the Fayetteville Regional Association of REALTORS® web site.  On this page you will find the latest local government updates issued by Angie Hedgepeth, the Governmental Affairs Consultant we are sharing with the Home Builders Association of Fayetteville.  This page is updated frequently, so check back often.

Local Government Update

Governmental Affairs Summarized Reports From April 2008

Stormwater Advisory Board
April 1, 2008
Present: Dohn Broadwell – Chair, Charles Donnell, Dennis Gould, Jennings McArthur, Wendy Michener, Don Stewart, Nancy Smith – Absent

What Happened: 
The first item on the agenda was an update from Greg Caison (Stormwater Director) on the city councils’ action regarding the proposed stormwater ordinance.  Caison said that he has been given no direction from the city on how to proceed.  He also said that he has been given no timetable and is not certain where the ordinance is headed.  Caison said that another problem the council had was the city’s liability in regards to detention ponds.  The council also does not have a good understanding of a BMP (Best Management Practices).  Caison said he expects to get direction with questions soon. 

There was also discussion on the draft Stormwater Credit Fee Manual.  A motion was made to table further discussion on the credit manual until council gives further direction on the stormwater ordinance.  The motion PASSED unanimously.

 Other Business:  The board approved the list of capital improvement projects.

• Cumberland-Murchison Road, Buckhead Creek, Yadkin Road-Santa Fe, Branson Creek, Waterless-Whitfield, Deep Creek, Cottonade, Chesnutt Hills, Blounts Creek, Gables Drive, Stacy Weaver Drive, Kinwood, Beaver Creek #2 Basin, Little Cross Creek Basin, Cape Fear #2 Basin, Country Club Branch, Little Cross Creek, Big Cross Creek and Cross Creek.

What’s Next?
TBA – Meeting between the Stormwater Advisory Board, Stakeholder Group, & City Council.

Fayetteville City Council  - Work Session
April 7, 2008
Present: Full Council

What Happened: 
Presentation of Big Box Ordinance – Jimmy Teal, Planning Director gave a brief presentation on the revisions of the proposed Big Box Ordinance. The following changes were made to the ordinance based on public comment at the February 5, 2008 Planning Commission meeting.  The following information is from Teal’s City Council Action Memo.

• The Planning Commission removed from the ordinance the special use permit requirement and regulation regarding expansion to existing buildings.  The Planning Commission removed that language so a building permit could be issued when the zoning and subdivision requirements are met.  This action reduces the process time for a developer by three months.

• The second item removed by the Planning Commission pertained to existing buildings.  The original ordinance required any addition to a 25,000 square foot building or more adhere to the big box regulations for the addition.  Several developers expressed concern with having to retrofit their site with the new requirements associated with the big box ordinance for additions made to existing structures.  The Planning Commission felt this issue required additional review before including it as part of the ordinance.  However, they did not want to delay adopting the ordinance for one element of the overall ordinance.  The Planning Commission will continue to work on the provision for additions to existing buildings.

The council with a nod of heads moved the ordinance forward to a City Council meeting on April 28th for a possible vote.  The meeting will be a public hearing.

What Was Said:
Bill Crisp asked, “How far out for an effective date?  We don’t want to run people off that have plans.”

Jimmy Teal replied, “6 months…but you don’t want a number of people to beat the deadline, it defeats the purpose.”

What Happened:
Rental Housing Inspections Program Overview Presented by Doug Hewett, Assistant City Manager.  Hewett gave a summary of the inspection program.  The following information is from his presentation.

• All rental properties would be required to have an inspection at least once during a 4-year period.
• New rental units (new construction) wouldn’t be required to receive inspections for the first 4-years following their construction, except by complaint.
• The rental inspections program is designed to be fully funded by the imposition of a rental inspection fee on rental property owners.  The initial inspection fee for properties with 1-9 units will be $125 per unit (every unit inspected).  The initial inspection fee for properties with 10 or more units will be either 10 times $125 ($1,250) or $125 times 20% of the total rental units, which ever is greater (20% of units inspected).

At the end of the presentation a motion was made by Val Applewhite to suspend the proposed program and to direct Doug Hewitt to come back to the City Council with alternate ideas to include a possible inspection personnel increase.  The motion PASSED.

What Was Said:
Mayor Chavonne said, “This is a tremendous amount of government.  I feel like my wrist was in a sling and now I have a full body cast. We need to look at different initiatives to target these areas.” 

Bill Crisp said, “This would be passed on to the person that is renting.  We know there are slumlords out there.  The majority of people renting are doing a decent job.  We are penalizing property owners that are doing it well.  We need to find a way to deal with those that are taking advantage of tenants.”

Charles Evans to Applewhite asked, “Why suspend this Val? Other than you are sitting next to a renter?” (D.J. Haire was sitting next to Applewhite)

Val Applewhite responded, “This has absolutely nothing to do with that. This is bigger than we need.  We need to pursue beefing up the inspections department.”

Ted Mohn said, “It’s only $30.00 a year for one property.  It’s not going to break them.”

What’s Next?
Karen Hilton (Assistant City Planning Director) passed out to the council a large handout on the public review draft of the (Diagnosis-Annotated Outline of the Unified Development Ordinance).  This draft is the first of 6 drafts that will be available for public review.  The next draft will be the UDO Module 1 that is scheduled to be available in June.

Karen reminded the council of the April 21st joint meeting with the Planning Commission to discuss the UDO.  The meeting is at 5:00 pm in the Lafayette Room of City Hall.

Fayetteville Zoning Commission
April 8, 2008
Present:  Jack Cox – Chair, Jeanne Nelson, Beverly Brayboy, John Crawley, Pete Paoni

What Happened: 
The following rezoning public hearings were voted on.

• The rezoning from P2 Professional District to C1 Commercial District for property located at 515 Bunce Road.  Containing .834 acres more or less and being the property of Horizons Property Management LLC.  The space will be used for an automated vending ice machine.  The planning staff recommended denial based on the 2010 land use pattern.  The rezoning was APPROVED.  The case will go to the City Council on May 27th as a public hearing.
• The rezoning from R-5 Residential District to P2 Professional District for property located at 909 & 915 Arsenal Avenue.  Containing .69 acres more or less and being the property of Edmund Williams.  Charles Morris will be redeveloping these lots to form a mixed-use development that will consist of 3 professional offices and 3 to 4 residences.  The planning staff recommended approval based on a past rezoning that the City Council approved.  The rezoning was APPROVED with Brayboy and Paoni voting in opposition.  The case will go to the City Council as a consent item on May 27th.
• The initial zoning to AR Agricultural Residential District for property located on the east side of Cedar Creek Road between Division Place and Sunnyside School Road.  Containing 104.0 acres more or less and being the property of Libba Pate & Paula Faircloth.  The property was annexed by the City of Fayetteville in February of 2008. It is currently underdeveloped.  The rezoning was APPROVED and will be placed on the City Council consent items on April 28th.
• The rezoning from R-5 Residential District to C3 Commercial District for property located at 705 Robeson Street.  Containing .19 acres more or less and being the property of Reas Williams. Mr. Williams owns Williams Auto Service and he has been in business for 47 years.  He wants to pave his parking lot on his property.  The planning staff recommended tabling this item to determine the land use pattern based on the fact that this area will be a future gateway into the city.  The 2010 land use pattern recommends open space.  The commission voted to TABLE this item for 60 days so the staff could come back with a recommendation. What Was Said:  Beverly Brayboy said, “He has been in business for 47 years and it’s his property, we need to approve this.” Kyle Garner (Planning) said, “We’re not saying we are opposed or in favor either we just want to check on the flooding in this area.  It could be that we come back and say yes Mr. Williams request is reasonable.”
• The rezoning from AR Agricultural Residential District to R-1 Residential District for property located at 7786 Cottonwood Avenue.  Containing .35 acres more or less and being the property of Gillis Properties.  The rezoning was APPROVED and will be placed on the City Council consent items on May 27th.
• The rezoning from AR Agricultural Residential District to C1P Shopping Center Commercial District for property located at 7727 Raeford Road.  Containing 1.00 acre more or less and being the property of J. Gillis LLC.  The rezoning was APPROVED and will be placed on the City Council consent items on May 27th.
• The rezoning from R10 Residential District to C1 Commercial District for property located at 7502 Telfair Drive.  The property is located at the intersection of North Reilly Road and Telfair. Drive. Containing .56 acre more or less and being the property of Wallis & Rosemonde Waller.  The planning staff recommended denial based on inconsistencies with the 2010 land use plan which recommends low-density development.  The rezoning was APPROVED with Crawly and Nelson voting in opposition.  This item will go to the City Council on May 27th as a public hearing.  What Was Said:  Jack Cox asked, “Is Reilly Road becoming a Hope Mills Road?” Garner responded, “Since the widening that’s taken place it has made a transition.  It’s probably something we will address later on.”

Fayetteville City Council Meeting
April 28, 2008 

What Happened: 
The following consent items were approved regarding the building and realty industries.   

• Ordinance Revisions to Sewer Use Ordinance – PWC, during their meeting of April 9, 2008, approved changes to the Sewer Use Ordinance and to forward to City Council adoption.  Due to recent changes in the Federal Clean Water Act, modifications to the Sewer Use Ordinance were required by the State of North Carolina Division of Water Quality.  PWC’s Attorney, Richard Lewis and City Attorney, Karen McDonald reviewed and approved the proposed changes to this Ordinance.
• 2008 State Legislative Agenda – With guidance from the Fayetteville/Cumberland County State legislative delegation, the City of Fayetteville has been successful in partnering with the North Carolina General Assembly on a variety of projects.  The City has prepared a list of issues that they would like supported from the North Carolina General Assembly. The needs and interest for 2008 are as follows.
  • Development funds for NC Veterans Park
  • Seek to bring balance between the fines for speeding in school zones and work zones.  Both offenses carry the same number of license points, but the fines are $50 and $250.
  • On December 17, 2007, City Council approved a resolution requesting funding to construct a new fire training facility
  • On February 11, 2008, City Council approved a resolution requesting a local act to allow greater investment authority for post employment benefit funds held in trust.
• Rezoning from R10 residential district for property located on the east side of Dundle Road between Tall Pine Drive and Talus Road.  Containing 55.09 acres more or less and being the property of March Riddle.
• Rezoning to AR agricultural\residential district for property located on the east side of Cedar Creek Road between Division Place and Sunnyside School Road.  Containing 104 acres more or less and being the property of Kenneth Huggins and Paula Faircloth.

 The following Public Hearings were voted on. 

• Rezoning from R5 residential district to C1/CZ commercial district to allow an event and banquet facility that will serve alcoholic beverages. The site is located along the fringe of the Hope VI Redevelopment Area. A motion was made to deny the rezoning.  The motion PASSED with Hurst voting in opposition.
• Rezoning from P2 professional district to C1P commercial district for property located at 5607 Ramsey Street.  Containing 2.672 acres more or less and being the property of Charles Hardee. The house will be turned into a doctor’s office. A motion was made to deny the rezoning.  The motion PASSED unanimously.
• The reauthorization of the Downtown Municipal Service District for a five-year period beginning July 1, 2008 through June 30, 2013.  The City Council established the Downtown Municipal Service District in 1978 for the purpose of revitalizing and improving the downtown area.  The recommended district boundary is the same current district boundary.  A motion was made to approve the reauthorize the MSD.  The motion PASSED unanimously.

What Was Said:
Haire asked, “When it comes down to our transit center is there any funding that comes out of this funding that can support the interior?”

Inman said, “That would be a stretch with the intent of the law.  It needs to be a direct benefit to the district.”

Haire responded, “There is no stronger input than getting people down here.” 

• Consider an amendment to the Fayetteville Code of Ordinances, Section 30-117(76) Zoning, and design requirements for large-scale retail developments. The ordinance is to require special conditions for large-scale commercial developments in order to mitigate their impact and improve the appearance of the community.  The requirement pertains to single-tenant buildings with 75,000 square feet or more or multi-tenant centers with 150,000 square feet or more.  A motion was made by Haire to make no recommendations at this time but to give stakeholders 90 days to meet with staff and let staff bring the ordinance back to the council. The motion PASSED with Bates voting in opposition.

What Was Said:
Malcolm McFadyen (Builder) said, “You need to get the experts and they have contacts with people nationally to get together and say what can we do to not have stockyards in our parking lots.  Fayetteville is a three tier market and we need to be able to attract these people.”

Jimmy Kizer (Engineer) said, “I think we want to create things that are nice and beneficial and good for the community.  We don’t want to deter commercial development.”

Joe Riddle (Developer) said, “If you look at this ordinance it is very cumbersome and adds cost to development.  I’m tired of hearing Fayetteville is a B market but we haven’t got the specialty stores. We are headed into a recession and those stores have backed off.”

Bill Crisp (Council) said, “This thing is mind boggling. There is subjectivity involved.  When we are dealing with this the rules need to be hard and fast. I read it twice and I was more confused with second reading.”

Keith Bates (Council) said, “This started when that Wal-Mart was built on Ramsey Street.  We did not have anything in place to keep it looking like a big ugly store which it does.”

Other:  The council also adopted a resolution in support of the sales tax increase and reduction of property taxes.  The sales tax increase will appear on the May 2008 ballot. Those voting against the resolution were Evans, Haire and Crisp.

What’s Next? 

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