Fayetteville City Council Regular Meeting – March 23, 2023

The Fayetteville City Council met on March 23, 2023, at 7:00 PM in the Council Chamber. The meeting included an invocation, announcements, approval of the agenda, consent agenda items (with two pulled for separate discussion), and a public hearing on seasonal text amendments to the Unified Development Ordinance (UDO). The council voted unanimously on most items, approved 15 text amendments in three batches, and sent a council-requested amendment regarding boarding of commercial buildings back to staff for further study.

Consent Calendar

• Approved the consent agenda with the exceptions of items 7.03 (Adoption of Special Revenue Fund Project Ordinance 2023-11 for the 2021 Juvenile Justice Delinquency Prevention Grant) and 7.09 (Consideration of a parking lease offer from DK Enterprises). These items were pulled for separate discussion and votes (see Discussion Items).

Public Comments & Testimony

• No members of the public signed up to speak during the public hearings on the text amendments (items 8.01 and 8.02).

Discussion Items

• Item 7.03 – Juvenile Justice Delinquency Prevention Grant: Councilmember Ingram requested an explanation. A police captain (substituting for Chief Braden) explained the grant funds a gun violence reduction strategy with a two-prong approach: community workshops targeting the school-to-jail pipeline, involving a cohort of 15–16 juveniles who will learn life skills, partner with police officers as mentors, and create a community mural. Councilmember Ingram clarified that the program is citywide, not limited to specific zip codes. The council voted unanimously to adopt the ordinance.
• Item 7.09 – Parking Lease Offer from DK Enterprises: Councilmember Ingram requested background. A representative from the real estate department detailed the offer: a 45-year lease (three 15-year terms) for 20 parking spaces (15 in a deck, 5 on a surface lot) at $50/month per space for the first term, $55 for the second, and $60 for the third. The city could not recommend the proposal due to locked-in rates and a request to sublease without written consent. The applicant later revised the sublease provision (to allow subleasing to a future HOA) and proposed market rates for the third term. Councilmember Ingram moved to deny the proposal as presented, noting it was not to accept the offer. The motion passed unanimously. Councilmember Ingram then made a follow-up motion to direct staff and the city attorney to revisit the discussion from the agenda briefing, prepare a counteroffer, and develop a framework for future similar offers. Councilmember Benavente emphasized that pricing should be market-commensurate and subleasing/renewal practices should be consistent. The motion passed 9-0.
• Text Amendments (TA23-002 through TA23-016): Christopher Harmon, Planning and Zoning, presented 15 seasonal text amendments in three categories: cleanup items (TA23-002 to 008), developer/community items (TA23-009 to 015), and a policy item (TA23-016). After each category presentation, the council opened and closed the public hearing (no speakers) and voted.
  • Batch 1 (TA23-002 to 008 – Cleanup): Included accessory dwelling units in SF-15 districts, removal of variance recording time, removal of maximum parking references in two sections, accessory uses on large agricultural lots, reduction of specimen tree fee to $50/in, and landscaping applicability correction. Motion by Councilmember Hondros, seconded by Councilmember Thompson, passed unanimously.
  • Batch 2 (TA23-009 to 015 – Developer/Community): Included setbacks for drive-throughs in DT2 district, banks with drive-throughs as-of-right in neighborhood commercial, electrified fence fence height allowances, specialty eating establishments in OI district, gasoline sales access points flexibility, removal of increased setbacks for tall walls in residential districts, and removal of floor area ratio from hospital overlay. Motion by Councilmember Hondros, seconded by Councilmember Benavente, passed unanimously.
  • Batch 3 (TA23-016 – Policy): Removed outdoor commercial recreation (e.g., mini-golf, batting cages, drive-in theaters) as a use by right in the Office & Institutional (OI) district, citing incompatibility with nearby residential areas. Motion by Councilmember Hondros, seconded by Councilmember Benavente, passed unanimously.
• Item 8.02 – TA23-019: Boarding of Commercial Buildings: A council-requested text amendment to extend existing residential boarding regulations to commercial structures. After presentation, no public speakers. Councilmember Hondros moved to send the item back to staff for further consideration at a future work session, citing questions about the three-year timeframe and other concerns. The motion was seconded by Councilmember Banks McLaughlin and passed unanimously.

Key Outcomes

• Approved consent agenda items except 7.03 and 7.09 (as noted).
• Item 7.03: Adopted Special Revenue Fund Project Ordinance 2023-11 appropriating the 2021 Juvenile Justice Delinquency Prevention Grant (unanimous).
• Item 7.09: Denied the current parking lease offer from DK Enterprises (unanimous); directed staff to prepare a counteroffer and develop policies for future parking lease proposals (unanimous, 9-0).
• Adopted 15 seasonal text amendments (TA23-002 through 016) in three unanimous votes.
• TA23-019: Referred back to staff for further study at a future work session (unanimous).
• Adjourned.