TO: Mayor and Members of City Council
THRU: Kristoff Bauer, Deputy City Manager
FROM: Gerald A. Newton, AICP, Development Services Director
Michael L. Martin, Assistant Development Services Director
Bart Swanson, Housing and Code Enforcement Division Manager
DATE: February 25, 2019
RE:
Title
Amortization of Existing Nonconforming Extended Stay Hotels and Motels
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal III: Quality Built Environment
Objective C: To revitalize neighborhoods with effective zoning, code enforcement, and violations abatement.
Goal IV: Desirable Place to Live, Work, and Recreate
Objective E: To provide high quality affordable housing that revitalizes neighborhoods.
Executive Summary:
The proposed ordinance consists of a text amendment to Section 30-4.C.4.1, adding a new subsection (c) that requires any existing nonconforming extended stay hotel or motel use to be conforming by March 2024. The intent of this proposed ordinance amendment is to facilitate a safe environment for occupants with limited affordable housing options.
Background:
On June 27, 2016, the City Council adopted Ordinance No. S2016-007 defining the requirements for the extended occupancy of a resident(s) for more than thirty (30) days in transient residential facilities such as hotels and motels. The requirements for the newly defined extended stay occupancies include the minimum presence of a built-in two burner stove and a refrigerator measuring a minimum of five (5) cubic feet. Hotels and motels not in compliance with these requirements at the time the ordinance was adopted were subsequently classified as existing nonconforming uses.
The proposed ordinance amendment was presented to City Council during the November 5, 2018 Work Session. Council consensus supported moving forward with the presented ordinance amendment.
The proposed ordinance amendment was presented to the Planning Commission during the December 18, 2018 meeting. A public hearing was held pursuant to §30-2.C.2.d.3, and the Planning Commission unanimously approved the proposed ordinance amendment in accordance with §30-2.C.2.e.
Issues/Analysis:
Extended stay hotels and motels are often found to meet the immediate needs of a population otherwise presented with limited affordable housing options. Since the adoption of Ordinance No. 2016-007, staff has identified approximately eight (8) hotels and motels operating as an ordinance-defined extended stay occupancy not currently in compliance with the minimum code requirements. Staff has also identified multiple locations in which occupants have resided within extended stay occupancies for several decades.
Due to the long-term occupancy of the residents, extended stay hotels and motels are not required to participate in the Health Department’s Food and Lodging Program through an exemption by N.C. Gen. Statute §130A Article 8 Part 6 - Regulation of Food and Lodging Facilities.
The proposed ordinance would institute a five (5) year amortization period and require all existing nonconforming uses to comply by March 2024.
Public Hearing:
The City Council shall hold a standard public hearing on the application in accordance with Fayetteville City Code §30-2.B.12 (Public Notification) and §30-2.B.13 (Standard Public Hearing Procedures). After the close of the hearing, the City Council shall consider the application, relevant support materials, the staff report, the Planning Commission’s recommendation, and any comments given by the public. The City Council, by a majority vote of a quorum present, shall take one of the actions identified in the Options section below, based on the standards in Section §30-2.C.2.e (Text Amendment Standards):
Budget Impact:
None
Options:
Adopt the proposed ordinance amendment consisting of a text amendment to Section 30-4.C.4.1, adding a new subsection (c) that requires any existing nonconforming extended stay hotel or motel use to be conforming by March 2024.
Deny the proposed ordinance amendment consisting of a text amendment to Section 30-4.C.4.1, adding a new subsection (c) that requires any existing nonconforming extended stay hotel or motel use to be conforming by March 2024.
Revise and adopt the proposed ordinance amendment consisting of a text amendment to Section 30-4.C.4.1, adding a new subsection (c) that requires any existing nonconforming extended stay hotel or motel use to be conforming by March 2024.
Remand of the proposed ordinance amendment back to the Planning Commission for further consideration.
Recommended Action:
Staff recommends City Council move to adopt the proposed ordinance amendment consisting of a text amendment to Section 30-4.C.4.1, adding a new subsection (c) that requires any existing nonconforming extended stay hotel or motel use to be conforming by March 2024.
Staff recommends approval based upon the congruency of the proposed amendment with the following standards for text amendments as required by the Fayetteville City Code §30-2.C.2(e):
1. The proposed amendment is consistent with all applicable City-adopted plans.
2. The proposed amendment is not in conflict with any provision of this Ordinance, or any related City regulations.
3. The increased concern for the public health, safety, and general welfare of the citizens as referenced in Fayetteville City Code §30-1.C is considered the impetus for the proposed ordinance amendment.
4. The proposed amendment addresses a community need identified by the role of extended stay motels and hotel in meeting the immediate need for housing for vulnerable populations.
5. The proposed amendment is consistent with the purpose and intent of the zoning districts in this Ordinance.
6. The proposed amendment would not negatively impact development patterns.
7. The proposed amendment would not result in significantly adverse impacts on the natural environment.
Attachments:
Ordinance S2016-007
Proposed Ordinance