LIVE UPDATES: City Council Recap: Oct. 18, 2016

File photo

On the agenda

  • Rezoning 21 acres at 3434 N. Crossover Road.
  • Rezoning 70 acres at Rupple and Mount Comfort roads.
  • Rezoning 1.5 acres at 1615 E. Huntsville Road.
  • Rezoning 0.7 acres at North Street and College Avenue.
  • Rezoning 3.6 acres at 1160 S. Happy Hollow Road.
  • An appeal of the Planning Commission’s denial of a town house project on Mount Comfort Road.
  • A conditional use permit for a 150-foot-tall cell tower at Washington Regional Medical Center.
  • Several changes to the city’s development codes.

» Download the agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Oct. 18, 2016 inside room 219 of City Hall, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.

Roll Call

Present: Adella Gray, Sarah Marsh, Matthew Petty, Mayor Lioneld Jordan, John La Tour, Alan Long
Absent: Mark Kinion, Justin Tennant, Martin Schoppmeyer

» View current attendance records


Consent items are approved in a single, all-inclusive vote.

1. Approval of the Oct. 4, 2016 City Council Meeting Minutes
Pass 4-0

2. Canon Copiers and Maintenance (Details): A resolution to authorize the purchase of Canon copiers and maintenance from various vendors in variable amounts and for varying unit prices as needed through April 30, 2017 and any future renewal periods, pursuant to a state procurement contract.
Pass 4-0

3. Schindler Elevator Corporation (Details): A resolution to approve a five-year extended warranty agreement with Schindler Elevator Corporation in the amount of $5,100.00 per year for repair and maintenance of the Spring Street Parking Deck elevator.
Pass 4-0

4. Fayetteville Race Series (Details): A resolution to approve a budget adjustment in the amount of $16,200.00 to increase funding for the Fayetteville Race Series.
Pass 4-0

5. RFQ No. 16-01 Allgeier, Martin and Associates, Inc. (Details): A resolution to award RFQ No. 16-01 and authorize a professional engineering services contract with Allgeier, Martin and Associates, Inc. in an amount not to exceed $90,280.00 for the Utility Electrical Study Project.
Pass 4-0

6. 2017 Proportional Share Agreement (Details): A resolution to approve the 2017 Proportional Share Agreement with Washington County and cities in Washington County to pay Fayetteville’s statutorily required share of our state district judges’ base salaries.
Pass 4-0

Notes: Alderman Petty arrived after the Consent Agenda vote.

Unfinished Business

1. RZN 16-5543 (3434 N. Crossover Rd./Villages Assisted Living) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5543 for approximately 21.40 acres located at 3434 N. Crossover Road from R-A, Residential Agricultural to RT-12, Residential Two and Three Family; P-1, Institutional and CS, Community Services.
Pass 5-0

Notes: One resident spoke Tuesday on behalf of her parents who live on Par Court said her parents feel like this development would increase traffic on Crossover Road, which, they believe, is already too busy.

Alderwoman Gray said she doesn’t believe assisted living projects contribute to any noticeable impact on traffic during peak hours.

2. RZN 16-5550 (2155 N. Rupple Rd./Hazen) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5550 for approximately 70 acres located east and west of Rupple Road and south of Mount Comfort Road from RSF-1, Residential Single Family, 1 unit per acre; RSF-4, Residential Single Family, 4 units per acre and R-A, Rresidential Agricultural to CS, Community Services and R-A, Residential Agricultural.
Left on the second reading

Notes: Alderman Long said he’s received feedback from residents who are concerned about the proposal. He requested the item be left on the second reading to allow more time for residents to weigh in.

One resident who spoke said she doesn’t believe the roads near Mount Comfort and Rupple can support additional commercial activity. She said she is worried about the safety of the children who attend the nearby schools, as well as pedestrians and cyclists who use the bike lanes along Mount Comfort.

Another resident said she understands that businesses are needed to support the growing population in west Fayetteville, but she’s worried Mount Comfort Road will become another Wedington Drive where traffic is difficult to navigate for drivers looking to get in and out of the businesses. She said she’s hoping for more responsible growth in the area.

New Business

1. Mueller Systems, LLC (Details): An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of a leak detection system pilot program from Mueller Systems, LLC in the amount of $26,985.00.
Pass 5-0

2. RZN 16-5566 (1615 E. Huntsville Rd./Harrison) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5566 for approximately 1.53 acres located at 1615 E. Huntsville Road from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services.
Pass 5-0

3. RZN 16-5573 (1030 N. College Ave./Lazenby) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5573 for approximately 0.73 acres located at the southwest corner of North Street and College Avenue from R-O, Residential Office to UT, Urban Thoroughfare.
Pass 5-0

4. RZN 16-5576 (1160 S. Happy Hollow Rd./Promolife) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5576 for approximately 3.65 acres located at 1160 S. Happy Hollow Road from C-2, Thoroughfare Commercial and RSF-4, Residential Single Family, 4 units per acre to I-1, Heavy Commercial and Light Industrial and R-A, Residential Agricultural.
Pass 5-0

5. VAC 16-5571 (West Jupiter Drive/Jupiter Drive) (Details): An ordinance to approve VAC 16-5571 submitted by Jorgensen and Associates, Inc. to vacate a portion of Jupiter Drive from McGuire Street to the AEP Substation.
Left on the first reading

6. Appeal of LSD 16-5488 the Macey Drive Townhomes (Details): A resolution to grant the appeal of Tim Briseiel of Legacy Ventures and to approve LSD 16-5488 Macey Drive Townhomes.
Tabled 4-1 until Nov. 1

Notes: The proposed development would include 11 structures with 57 units.

City planning staff are in favor of the project, but the development was denied by the Planning Commission by a vote of 5-3 based on the concerns of some neighbors who were worried about the potential impact the project could have on traffic safety.

Alderman Long said he also has concerns about traffic safety. Long said the neighborhood that this proposal is adjacent to – and would be accessed from – frequently includes several cars parked on the streets, which limits the width of the roadway and could make it difficult to navigate in the event of a fire or other emergency.

Alderman La Tour questioned why a secondary entrance – possibly to Mount Comfort Road – isn’t included in the project. The applicant said it would add millions of dollars to the development because it would require building a road over the nearby Hamestring Creek to the north.

Several residents spoke Tuesday with more concerns about traffic safety.

Alderwoman Marsh asked the council to table the issue for two weeks to provide the council more time to consider the request.

Long said he would be voting against the proposal, and was the only alderman to vote against tabling the issue for two weeks.

7. Amend § 157.03 and § 157.04 (Details): An ordinance to amend § 157.03 Annexation and Zoning Map Amendments to include Planned Zoning Districts and to replace § 157.04 with a new notification requirement if an indefinitely tabled rezoning ordinance is removed from the table.
Pass 5-0

Notes: Alderman Long said he brought forth the proposal because of a recent issue the council faced. He said when the council tables a rezoning request indefinitely it can be a long time before the item is discussed again. He said when that occurs, he thinks the city should re-notify residents about the issue.

8. Amend Chapters 161, 162, and 164 (Details): An ordinance to amend Chapters 161 and 162 to rename and replace “Cottage Housing Development” with “Cluster Housing Development”; to rename Chapter 164 to Supplementary Zoning Regulations and Specialized Development Requirements, to replace § 164.22 Cottage Housing Development with § 164.22 Cluster Housing Development and make further amendements to § 164.22.
Left on the first reading

Notes: Alderman Petty said he brought forth the proposal because he wants to see more development flexibility on small parcels or properties where certain circumstances limit the options for construction. He said he thinks allowing certain housing types to be built next to neighborhoods or to front the city’s trail system will be embraced by property owners who are currently unable to build on their land.

Alderman Long praised the proposal, but mentioned waiting until either Ward 3 representative was in attendance before passing the ordinance. Long and La Tour voted against proceeding to the second reading.

9. Appeal of CUP 16-5558 the WRMC Cell Tower (Details): A resolution to grant the appeal of Smith Communications for CUP 16-5558, Futrall Cell Tower, to amend the CUP to allow the cell tower to be constructed up to 150 feet tall.
Pass 5-0

Notes: The Planning Commission approved the request, but specified that the tower could only be 120 feet tall. City staff opposes the request because there are several multi-story buildings in the area that could possibly accommodate a tower.

The applicant maintains that the extra 30 feet is necessary to ensure proper service coverage of the area. A representative for the applicant said many cell phone users have complained about the spotty service in the area, which is why the tower is being proposed.

Alderman Petty said he doesn’t think there’s much difference in appearance between a 120-foot tower and a 150-foot tower. If there is a noticeable difference, he said it’s likely only marginal and that the benefits of broader coverage would be worth it. Each of the other aldermen said they agreed.


– A free tree giveaway is set for this Saturday during the annual Celebration of Trees. Read more here.

– A parade honoring Fayetteville’s Savvy Shields, who was recently crowned Miss America 2017, is scheduled for Saturday. Details here.

– The newly extended Rupple Road will open Friday following a ribbon-cutting ceremony at 2 p.m. near Owl Creek School.


This meeting was adjourned at 7:46 p.m.