FAYETTEVILLE — Planning commissioners aren't on board with sweeping changes to city building height limits and setback requirements.
But, ultimately, it’s the City Council’s call.
All eight commissioners at Monday’s Planning Commission meeting voiced concern with a proposal by Alderwoman Sarah Marsh that has been up for City Council consideration since Sept. 10.
“I’m not positive that folks understand just how huge this is,” Commissioner Tracy Hoskins said Monday. “This is a very, very significant change in our ordinances, and it could have a lot of unintended consequences.”
The City Council earlier this month asked planning commissioners to weigh in on Marsh’s proposal, which, if approved, would require buildings to be set back at least 5 feet from side and rear property lines in eight zoning districts where there aren’t setback requirements. Exceptions would be made for properties where an adjacent building is already within 5 feet of a shared property line; where neighboring land is undeveloped; or where the adjoining properties have a common owner.
Marsh’s proposal would also limit building height throughout town. Buildings could reach 36 feet or the height of an adjacent structure within 5 feet of side and rear property lines. The buildings would then have to step back 10 feet before being capped at 60 feet, or roughly five stories, total. Three downtown zoning districts currently allow 56-, 84- and 168-foot-tall buildings.
Marsh’s proposal would grant “building height bonuses” for developers who meet certain criteria. A structure could go taller than 60 feet if it’s built to Leadership in Energy and Environmental Design Gold standards; if minimum 12-foot-wide sidewalks are constructed; and if an associated parking garage is wrapped with a commercial “liner building” at street level. At least half of the floor space above 60 feet would have to be used for residential purposes, and those residential areas could be distributed throughout the entire building.
Several commissioners questioned Monday why the residential space and LEED requirements were being wrapped up with building height restrictions. Sarah Bunch asked why a high-rise hotel or tall office building should have to include permanent living spaces — especially when there are a number of condominiums sitting vacant already.
“It seems to me to put an undue burden on someone who would want to build a structure over a certain height,” Bunch said.
Commissioner Ryan Noble said buildings don’t receive LEED certification until after they’re built. Marsh’s proposal would give developers 180 days once a certificate of occupancy is issued to submit proof of LEED certification. Noble asked what would happen if a project intended to meet LEED standards ended up not being certified.
Jeremy Pate, Development Services director, said he wasn’t sure how that issue would be resolved. Marsh has mentioned requiring developers to offer a bond of assurance that could be refunded after a project is LEED certified. Or fines could be levied each day a project isn't certified.
City Attorney Kit Williams in an Oct. 11 memo said city officials could expect court challenges as a result of the LEED provision. Pate said LEED standards were developed by the U.S. Green Building Council and are outside the city’s control.
Commissioner Ron Autry said he was worried about the impact Marsh’s proposal would have on narrow lots downtown. Setbacks on either side of a 40- or 50-foot-wide lot would significantly reduce the size of a structure that could be built or could prevent development altogether.
Several commissioners said Marsh’s proposal shouldn’t apply to areas away from downtown, such as the Interstate 540 corridor. Hoskins noted building height would be restricted regardless of how far a development is from a structure on a neighboring lot.
Commissioner William Chesser argued downtown is where tall, dense buildings are needed to promote infill development, rather than construction on the outskirts of town.
“Urbanization means densification, and this amendment, in my estimation, runs strongly counter to densification,” Chesser said.
Former Mayor Dan Coody, in an email to city officials Monday morning, said Marsh’s proposal also runs counter to a downtown plan developed after months of community input in the mid-2000s. Several downtown zoning districts created as a result of the plan encourage connected storefronts, without setbacks, in a “traditional town form.”
“(The master plan) cost us all a ton of money, took the input of over 1,000 citizens and required a couple of years to implement,” Coody said in his email. “This ordinance is in direct conflict with the plan’s principals. Public input and investment should not be dismissed easily, and negative consequences should not be accepted without serious consideration.” Coody suggested a “Fayetteville heritage” zoning district as an alternate way of ensuring compatible development next to low-lying structures.
Commissioner Porter Winston, at Monday’s meeting, suggested a thorough public-review process before making wholesale changes to multiple sections of city code.
Marsh has maintained her proposal is needed to ensure appropriate infill development in established neighborhoods.
Tom Overbey, who last year opened a one-story office building at 211 N. Block Ave., south of where a multistory apartment complex had been planned, said Monday he supported Marsh’s proposal.
“The ordinance is important for the light, air and height compatibility with adjacent structures,” Overbey said.
Marsh has said she’s willing to make further changes to her proposal as needed. She said part of the reason for bringing the proposal forward was to temporarily halt permitting for tall, obtrusive structures while aldermen address “loopholes” in the city’s unified development code.
Permits for developments that would be affected by her proposal cannot be issued within 90 days of when the ordinance changes were presented to the City Council. Pate said the moratorium ends Dec. 10.
The City Council is scheduled to take up the proposed height and setback changes for a fourth time Tuesday.