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Home My WebLink AboutOrdinance 6727113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6727 File Number: 2024-1784 SHORT-TERM RENTAL / CONDITIONAL USE PERMIT (NOTIFICATION REQUIREMENTS): AN ORDINANCE TO AMEND SUBSECTION (C) OF §157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION TO LANDOWNERS AND RESIDENTS WITHIN 300 FEET OF THE BOUNDARY LINE OF A PROPOSED TYPE 2 SHORT TERM RENTAL WHEREAS, the Ordinance Review Committee recommends approval of an ordinance increasing the distance for notification of proposed Type 2 short term rentals from 200 feet to 300 feet. 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 Chapter 157.05 (C) and enacts a new (C) as follows: "(C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open-air enterprises; outdoor music establishments; and sexually oriented businesses shall notify all landowners and residents within 500 feet of the boundary line of the property on which the use is proposed. (2) Type 2 short term rentals shall notify all landowners and residents within 300 feet of the boundary line of the property on which the use is proposed." PASSED and APPROVED on March 19, 2024 Appro d: Attest: %�K � 1Tp e �� ' 6\1 Y 0,c. 's61 ioneld JordL—a Kara Paxton, City Cle cTreasurer �FAYETTEVIV `� .'P/fAcic-i�This publ catid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amoun{�P Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 19, 2024 TO: Mayor Jordan and City Council THRU: FROM: Blake Pennington, Assistant City Attorney SUBJECT: Short Term Rental Notification Requirements CITY COUNCIL MEMO 2024-1784 RECOMMENDATION: The Ordinance Review Committee recommends the approval of an ordinance amending the notification provisions of the Unified Development Code to require notification of Type 2 short term rental applications to landowners and residents within 300 feet of the boundary line of the property on which the short term rental is proposed. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request Packet - STR Notification Amendment (#3) 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 #: 2024-1784 Short Term Rental Notification Requirements AN ORDINANCE TO AMEND SUBSECTION (C) OF § 157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION TO LANDOWNERS AND RESIDENTS WITHIN 300 FEET OF THE BOUNDARY LINE OF A PROPOSED TYPE 2 SHORT TERM RENTAL WHEREAS, the Ordinance Review Committee recommends approval of an ordinance increasing the distance for notification of proposed Type 2 short term rentals from 200 feet to 300 feet. 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 Chapter 157.05 (C) and enacts a new (C) as follows: "(C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open-air enterprises; outdoor music establishments; and sexually oriented businesses shall notify all landowners and residents within 500 feet of the boundary line of the property on which the use is proposed. (2) Type 2 short term rentals shall notify all landowners and residents within 300 feet of the boundary line of the property on which the use is proposed." Page 1 Civic Clerk Item No.: 2024-1784 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 (C) OF § 157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION TO LANDOWNERS AND RESIDENTS WITHIN 300 FEET OF THE BOUNDARY LINE OF A PROPOSED TYPE 2 SHORT TERM RENTAL APPROVED FOR AGENDA: vo/� -A4Council Member Hol Hertzberg Ordinance Review ' ommittee Chair Senior Assistant 6ty Attorney Blake Pennington Approved as to form Z/28 J2y Date 2/28/24 Date ORDINANCE NO. AN ORDINANCE TO AMEND SUBSECTION (C) OF § 157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION TO LANDOWNERS AND RESIDENTS WITHIN 300 FEET OF THE BOUNDARY LINE OF A PROPOSED TYPE 2 SHORT TERM RENTAL WHEREAS, the Ordinance Review Committee recommends approval of an ordinance increasing the distance for notification of proposed Type 2 short term rentals from 200 feet to 300 feet. 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 § 157.05 (C) and enacts a new (C) as follows: (C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open- air enterprises; outdoor music establishments; and sexually oriented businesses shall notify all landowners and residents within 500 feet of the boundary line of the property on which the use is proposed. (2) Type 2 short term rentals shall notify all landowners and residents within 300 feet of the boundary line of the property on which the use is proposed. 157.05 Conditional Use Permit Notification of public hearings for conditional use permits shall occur as follows: (A) Public Hearing Required. A public hearing shall be held by the Planning Commission for consideration of a conditional use permit. (B) Notice of Public Hearing. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to the Planning Commission meeting. Proof of notice shall be provided as required by this chapter. (3) Appeal of Planning Commission Denial of Conditional Use Permit Request. Applicants for a conditional use permit denied by the Planning Commission must give both the written and posted notice of the appeal to the City Council as specified in this section at least fifteen (15) days prior to the City Council meeting. Proof of notice shall be provided as required by this chapter. (C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open-air enterprises; outdoor music establishments; and sexually oriented businesses shall notify all landowners and residents within 500 feet of the boundary line of the property on which the use is proposed.; (2) Type 2 short term rentals shall notify all landowners and residents within 300 feet of the boundary line of the property on which the use is proposed. (Supp. No. 31) Created: 2023-12-07 10:27:02 [EST] Page 1 of 1 Form v1.45 NW4\medm RECEIVED Account#: NWCL5004205 MAR 2 6 2024 Company: CITY OF FAYETTEVILLE-CLERKS OFFI CIITYY OF FAY OFFICES 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 386911 PO #: Matter of: ord 6727 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 WASHINGTONBENTON 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 6727 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$136.80. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 03/24/24;NWA nwaonline.com 03/24/24 ga4.01,7-e—c— Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 26th day of March,2024 „ ,,, 9`t!�,,->"; CATHERINE STAGGS f"or . .I MY COMMISSION 4112402772 C,,`f� EXPIRES:February 28 2025 tit►�� 7'VO "•'''' Washington County NOTARY PUBLIC Ordinance:6727 File Number: 2024-1784 SHORT-TERM RENTAL/CON- DITIONAL USE PERMIT(NOTIFI- CATION REQUIREMENTS): AN ORDINANCE TO AMEND SUBSECTION (C) OF §157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICA- TION TO LANDOWNERS AND RESIDENTS WITHIN 300 FEET OF THE BOUNDARY LINE OF A PROPOSED TYPE 2 SHORT TERM RENTAL WHEREAS,the Ordinance Re- view Committee recommends approval of an ordinance in- creasing the distance for notifi- cation of proposed Type 2 short term rentals from 200 feet to 300 feet. 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 Chapter 157.05(C)and enacts a new(C)as follows: '(C)Special Uses.The fol- lowing conditional use permits require more stringent notifica- tion. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; facilities emitting odors and facilities handling explosives; wireless communication facilities:carni- val,circus,amusement park or similar temporary open-air en- terprises;outdoor music estab- lishments;and sexually oriented businesses shall notify all landowners and residents within 500 feet of the boundary line of the property on which the use is proposed. (2)Type 2 short term rentals shall notify all landowners and residents within 300 feet of the boundary line of the property on which the use is proposed.' 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:$136.80 March 24,2 024 386911