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Home My WebLink AboutOrdinance 6726113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6726 File Number: 2024-1787 SHORT-TERM RENTAL (SCHOOL PROXIMITY CONSIDERATION): AN ORDINANCE TO AMEND SUBSECTION (H) OF § 163.18 TYPE 2 SHORT-TERM RENTALS IN RESIDENTIAL ZONING DISTRICTS OF THE UNIFIED DEVELOPMENT CODE TO INCLUDE PROXIMITY TO SCHOOLS AS A FACTOR FOR THE PLANNING COMMISSION TO CONSIDER WHEREAS, the Ordinance Review Committee recommends approval of an ordinance adding proximity to public and private K-12 schools to the factors the Planning Commission may consider on Type 2 short-term rental conditional use permit applications. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 163.18 (H) and enacts a new (H) as follows: "(H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: (1) Adequate parking infrastructure; (2) Adequate adjoining or nearby streets for on -street parking; (3) Frequency or concentration of nearby licensed Type 2 short-term rentals; (4) Prior zoning or code violations; and (5) Proximity to public or private K-12 schools when the proposed property is within 1,000 feet of the school boundary line." PASSED and APPROVED on March 19, 2024 Approve: n Attest: Jordan, Page 1 Kara Paxton, p��mrrrh -"\I Y 080. FAYETTEVILLE;.^ ti •� A1y •� Jam,. Ordinance: 6726 File Number: 2024-1787 This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $121 . U� Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 19, 2024 TO: Mayor Jordan and City Council THRU: FROM: Blake Pennington, Assistant City Attorney SUBJECT: Proximity to Schools as STR Type 2 Factor CITY COUNCIL MEMO 2024-1787 RECOMMENDATION: The Ordinance Review Committee recommends approval of an ordinance adding proximity to public and private K-12 school to the factors the Planning Commission may consider on Type 2 short-term rental conditional use permit applications. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request Packet - STIR Type 2 Proximity To Schools As Factor (#3), CM Stafford Amendments to STIR school proximity ordinance (#4) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1787 Proximity to Schools as STR Type 2 Factor AN ORDINANCE TO AMEND SUBSECTION (H) OF § 163.18 TYPE 2 SHORT-TERM RENTALS IN RESIDENTIAL ZONING DISTRICTS OF THE UNIFIED DEVELOPMENT CODE TO INCLUDE PROXIMITY TO SCHOOLS AS A FACTOR FOR THE PLANNING COMMISSION TO CONSIDER WHEREAS, the Ordinance Review Committee recommends approval of an ordinance adding proximity to public and private K-12 schools to the factors the Planning Commission may consider on Type 2 short-term rental conditional use permit applications. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 163.18 (H) and enacts a new (H) as follows: "(H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: (1) Adequate parking infrastructure; (2) Adequate adjoining or nearby streets for on -street parking; (3) Frequency or concentration of nearby licensed Type 2 short-term rentals; (4) Prior zoning or code violations; and (5) Proximity to public or private K-12 schools when the proposed property is within 1,000 feet of the school boundary line." Page 1 Civic Clerk Item No.: 2024-1787 AGENDA REQUEST FORM FOR: Council Meeting of March 19, 2024 FROM: Council Member Holly Hertzberg Ordinance Review Committee Chair ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND SUBSECTION (H) OF § 163.18 TYPE 2 SHORT-TERM RENTALS IN RESIDENTIAL ZONING DISTRICTS OF THE UNIFIED DEVELOPMENT CODE TO INCLUDE PROXIMITY TO SCHOOLS AS A FACTOR FOR THE PLANNING COMMISSION TO CONSIDER APPROVED FOR AGENDA: v ..4✓ 2f�� Council Member Holly ertzberg Date Ordinance Review C mittee Chair Senior Assistant City(/Attorney Blake Pennington Approved as to form 2/28/24 Date ORDINANCE NO. AN ORDINANCE TO AMEND SUBSECTION (H) OF §163.18 TYPE 2 SHORT-TERM RENTALS IN RESIDENTIAL ZONING DISTRICTS OF THE UNIFIED DEVELOPMENT CODE TO INCLUDE PROXIMITY TO SCHOOLS AS A FACTOR FOR THE PLANNING COMMISSION TO CONSIDER WHEREAS, the Ordinance Review Committee recommends approval of an ordinance adding proximity to public and private K-12 schools to the factors the Planning Commission may consider on Type 2 short-term rental conditional use permit applications. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 163.18 (H) and enacts a new (H) as follows: "(H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: (1) Adequate parking infrastructure; (2) Adequate adjoining or nearby streets for on -street parking; (3) Frequency or concentration of nearby licensed Type 2 short-term rentals; (4) Prior zoning or code violations; and (5) Proximity to public or private K-12 schools when the proposed property is within 1,000 feet of the school boundary line." 163.18 Type 2 Short -Term Rentals in Residential Zoning Districts _(H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: (1) Adequate parking infrastructure; (2) Adequate adjoining or nearby streets for on -street parking; (3) Frequency or concentration of nearby licensed Type 2 short-term rentals; a-R4 (4) Prior zoning or code violations... and (5) Proximity to public or private K-12 schools when the proposed property is within 1,000 feet of the school boundary line. (Supp. No. 31) Created: 2023-12-07 10:27:04 [EST] Page 1 of 1 Received By: Blake Pennington 03/19/2024 11:39 AM DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kara Paxton, City Clerk -Treasurer FROM: Blake Pennington, Senior Assistant City Attor DATE: March 19, 2024 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: Council Member Stafford Amendment to Short Term Rental Ordinance Council Member Stafford is proposing an amendment to Item D.6 on the agenda tonight, which is the ordinance adding proximity to schools as a factor for the Planning Commission to consider when reviewing a Type 2 short-term rental conditional use permit. The effect of this amendment would be to leave the four considerations as they are and create a prohibition on new conditional use permits for Type 2 short-term rentals if the proposed property is within 1,000 feet of any public or private K-12 school. ORDINANCE NO. AN ORDINANCE TO AMEND SUBSECTION (H) OF §163.18 TYPE 2 SHORT-TERM RENTALS IN RESIDENTIAL ZONING DISTRICTS OF THE UNIFIED DEVELOPMENT CODE TO INCLUDE DE PROXIMITY ITY TO SCHOOLS AS A FACTOR FOR THE PLANNING COMMISSION TO CONS DL-RPROHIBIT NEW TYPE 2 SHORT TERM RENTALS WITHIN 1.000 FEET OF PUBLIC OR PRIVATE K-12 SCHOOLS WHEREAS, the Or-dina-mee Review Goffffnit4ee r-eeemmeads approval of an or-dinaflee adding proximity to publie and private K 12 sehool to the faetor-s the Planning Commission fffa� WHEREAS, Type 2 short term rentals pose a potential danger to children walking to and from schools because the tenants are unfamiliar with the area and also reduce the number of housing units available for families who wish to live within walkiniz distance of their neighborhood cchnnls NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals §163 S (u) and enacts a new (14) 163.18 I as follows: "(14) Sheft tefm r-entals in residential zoning distfiets may be s*eet to denial or- additional eenditions based upen the Planning Gen+missien's findings on the following faetor-s, "(I) Conditional use permits for new Type 2 short term rentals shall not be approved for any property within 1,000 feet of the boundary line of a public or private K-12 school." ORDINANCE NO. AN ORDINANCE TO AMEND § 163.18 TYPE 2 SHORT-TERM RENTALS IN RESIDENTIAL ZONING DISTRICTS OF THE UNIFIED DEVELOPMENT CODE TO PROHIBIT NEW TYPE 2 SHORT TERM RENTALS WITHIN 1,000 FEET OF PUBLIC OR PRIVATE K-12 SCHOOLS WHEREAS, Type 2 short term rentals pose a potential danger to children walking to and from schools because the tenants are unfamiliar with the area and also reduce the number of housing units available for families who wish to live within walking distance of their neighborhood schools. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 163.18(I) as follows: "(I) Conditional use permits for new Type 2 short term rentals shall not be approved for any property within 1,000 feet of the boundary line of a public or private K-12 school." Form v1.45 ,iilIpt1u% RECEIVED MAR 2 6 2024 Account#: NWCL5004205 CITY OF FAYETTEVILLE Company: CITY OF FAYETTEVILLE-CLERKS OFFI CITY CLERKS OFFICE 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 386915 PO #: Matter of: ord 6726 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county, State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ord 6726 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$127.68. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 03/24/24;NWA nwaonline.com 03/24/24 daAja, Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 26th day of March,2024 ' ` '`'' wok CATHERINE STAGGS t TT, .t MY COMMISSION#12402772 ('I EXPIRES:February 28, 2025 '(-+'`�'� ',fir" � Washington County NOTARY PUBLIC Ordinance:6726 File Number: 2024-1787 SHORT-TERM RENTAL (SCHOOL PROXIMITY CONSID- ERATION): AN ORDINANCE TO AMEND SUBSECTION (HI OF §163.18 TYPE 2 SHORT-TERM RENTALS IN RESIDENTIAL ZONING DIS- TRICTS OF THE UNIFIED DEVEL- OPMENT CODE TO INCLUDE PROXIMITY TO SCHOOLS AS A FACTOR FOR THE PLANNING COMMISSION TO CONSIDER WHEREAS,the Ordinance Re- view Committee recommends approval of an ordinance adding proximity to public and private K-12 schools to the factors the Planning Commission may con- sider on Type 2 short-term rental conditional use permit applications. NOW THEREFORE.BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville,Arkansas hereby repeals §163.18(H)and enacts a new (H)as follows: "(H)Short-term rentals in res- idential zoning districts may be subject to denial or additional conditions based upon the Plan- ning Commission's findings on the following factors: (1)Adequate parking infra- structure; (2) Adequate adjoining or nearby streets for on-street parking; (3)Frequency or concentra- tion of nearby licensed Type 2 short-term rentals; (4)Prior zoning or code viola- tions;and (5)Proximity to public or pri- vate K-12 schools when the proposed property is within 1,000 feet of the school bound- ary line." PASSED and APPROVED on March 19,2024 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton,City Clerk Treas- urer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$127.68 March 24,2024 386915