Campsite near cemetery is discussed

Unsheltered residents living on property gets Fayetteville panel’s attention

FAYETTEVILLE — A City Council committee wants to find a balance between a private property owner’s desire to provide a safe place for unsheltered residents to live and preserving the well-being of neighbors.

Members of the council’s Ordinance Review Committee on Wednesday heard from Richard Tiffany, who owns property on South Lt. Col. Leroy Pond Avenue, immediately north of the Fayetteville National Cemetery. Tiffany has allowed people experiencing homelessness to live on the property for about a dozen years. The city recently received complaints about disturbances, trash, odors and other nuisances associated with the property.

Tiffany said only a couple unsheltered residents stayed on the property most of the time, but within the last few years, the population has grown to 10 or 12. The city issued a code violation letter in October, saying a campground was operating within a property zoned for multifamily residential use.

Campgrounds are considered a conditional citywide land use under city code, which requires a permit. However, there is no definition of campground in city code.

The letter said Tiffany either needed to get a conditional use permit from the Planning Commission or cease using the property as a campground.

Tiffany suggested changing the definition of a citywide conditional land use in city code to apply only to business use, where money is exchanged. Residents who stay on Tiffany’s property live there for free.

However, the current definition of a conditional citywide land use includes more than just campgrounds. It also includes airports, flying fields and heliports; recycling drop-off; solid waste and recreational vehicle sewage disposal; carnivals, circuses and tent revivals; and schools and churches.

If the city were to adopt Tiffany’s suggested change, it could enable residents to use their property for any of those uses as long as money is not exchanged, said Jonathan Curth, the city’s development services director. For instance, someone could conceivably use their yard as a heliport, carnival or solid

waste disposal without a permit as long as money wasn’t exchanged.

Police Capt. Brad Renfro said the department has responded to a number of calls at the property over the years. Since 2013, there have been 328 police calls for service and 149 fire calls, totaling 447. In 2021, there were 27 disturbance calls, nine last year and five so far this year, he said. A stabbing was reported last July.

Other call types last year included 911 hangup, shots heard, theft, threat, welfare concern, noise, loud party and trespassing, Renfro said, in addition to officer-initiated calls.

Tiffany said most of the people who stay at his property are women, some of whom have been there more than a year. Women experiencing homelessness have difficulty finding a safe place to live, he said.

“They are there because it’s the safest place they can find in town,” Tiffany said.

Tiffany said he checks in on the property two to six days per week. He said many of the complaints come from people visiting the nearby cemetery.

City Council members on the committee are D’Andre Jones, Sarah Moore, Scott Berna and Holly Hertzberg.

Berna said he was worried about the potential ramifications of changing city code like how Tiffany suggested.

“I applaud you for what you’re trying to do and the heart that you have for individuals in a bad situation,” Berna told Tiffany. “But in this particular case, I’m struggling to change that definition and open that door to something I think is problematic.”

Jones said he has received numerous calls from neighbors with concerns about the property, and the council needs to strike a balance.

“That’s my priority — making sure that we do have a safe place for the homeless community members, but also making sure that the well-being of our neighbors is not compromised,” he said.

The committee asked Curth to come up with some potential code changes and definitions for a campground. The group plans to discuss the matter again at 5 p.m. March 15.