The URL can be used to link to this page

Home My WebLink AboutOrdinance 6820I 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6820 File Number: 2024-758 ORDINANCE 6710 - SHORT TERM RENTAL SUNSET CLAUSE (AMENDMENT): AN ORDINANCE TO AMEND ORDINANCE 6710 PASSED ON NOVEMBER 21, 2023 TO EXTEND THE SUNSET CLAUSE EFFECTIVE DATE TO JULY 1, 2025 AT 7:00 P.M. AND TO DECLARE AN EMERGENCY WHEREAS, the sunset clause in Ordinance 6427, which was passed on April 20, 2021, provides that the ordinance "and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and terminations section"; and WHEREAS, Ordinance 6625, which was passed on December 6, 2022, amended Ordinance 6427 so that the ordinance "and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset repeal and termination section"; and WHEREAS, Ordinance 6710 passed on November 21, 2023 amended the sunset provision of Ordinance 6625 which provided that all amendments to the code sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section; and WHEREAS, the Ordinance Review Committee recommends extending the sunset date to allow for consideration of amendments to the City's short-term rental regulations and to allow the continued operation of short-term rentals until July 1, 2025 at 7:00 p.m. 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 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because allowing the City's short-term rental regulation to expire will likely lead to unregulated and illegal operation of short-term rentals not subject to the City's life safety standards and insurance requirements, such that an extension of the sunset clause is necessary for the public peace as well as the health and Page 1 Ordinance: 6820 File Number.' 2024-758 safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on December 4, 2024 j{I11111/► �•�`��`.�•T Rfgp�'�i Attest: `�`V��:•��Y C,c'•G-a'�. �em_4"-4 A C) : Kara Paxton, i Clerk Treasurer '�� S; gRKAC•oJ 4 4NC i WA This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 4, 2024 CITY COUNCIL MEMO 2024-758 TO: Mayor Jordan and City Council THRU: Kit Williams, City Attorney FROM: Kit Williams, City Attorney SUBJECT: AN ORDINANCE TO AMEND ORDINANCE 6710 AND TO DECLARE AN EMERGENCY RECOMMENDATION: The Ordinance Review Committee recommends extending the sunset date to allow for consideration of amendments to the City's short-term rental regulations and to allow the continued operation of short-term rentals until July 1, 2025 at 7:00 p.m. BACKGROUND: The sunset clause in Ordinance 6427, which was passed on April 20, 2021, provides that the ordinance "and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and terminations section." Ordinance 6625, which was passed on December 6, 2022, amended Ordinance 6427 so that the ordinance "and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset repeal and termination section." Ordinance 6710 passed on November 21, 2023 amended the sunset provision of Ordinance 6625 which provided that all amendments to the code sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. DISCUSSION: The Ordinance Review Committee recommends extending the sunset date to allow for consideration of amendments to the City's short-term rental regulations and to allow the continued operation of short-term rentals until July 1, 2025 at 7:00 p.m. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Agenda Request - Hertzberg (#3), Extending The Sunset Clause of the Short -Term Rental 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 #: 2024-758 AN ORDINANCE TO AMEND ORDINANCE 6710 AND TO DECLARE AN EMERGENCY AN ORDINANCE TO AMEND ORDINANCE 6710 PASSED ON NOVEMBER 21, 2023 TO EXTEND THE SUNSET CLAUSE EFFECTIVE DATE TO JULY 1, 2025 AT 7:00 P.M. AND TO DECLARE AN EMERGENCY WHEREAS, the sunset clause in Ordinance 6427, which was passed on April 20, 2021, provides that the ordinance "and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and terminations section"; and WHEREAS, Ordinance 6625, which was passed on December 6, 2022, amended Ordinance 6427 so that the ordinance "and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset repeal and termination section"; and WHEREAS, Ordinance 6710 passed on November 21, 2023 amended the sunset provision of Ordinance 6625 which provided that all amendments to the code sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section; and WHEREAS, the Ordinance Review Committee recommends extending the sunset date to allow for consideration of amendments to the City's short-term rental regulations and to allow the continued operation of short-term rentals until July 1, 2025 at 7:00 p.m. 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 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Page 1 Ordinance: 6820 File Number: 2024-758 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because allowing the City's short-term rental regulation to expire will likely lead to unregulated and illegal operation of short-term rentals not subject to the City's life safety standards and insurance requirements, such that an extension of the sunset clause is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. Page 2 CivicClerk No.: 2024- FOR: Council Meeting of December 3,2024 FROM. City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND ORDINANCE 6710 PASSED ON NOVEMBER 21,2023 TO EXTEND THE SUNSET CLAUSE EFFECTIVE DATE TO JULY 1, 2025 AT 7:00 P.M. AND TO DECLARE AN EMERGENCY APPROVED FOR AGENDA: � 1111f&-4 Holly' Hertzberg City Council Member Kit William Approved as to form \ � k z. Date Zj Date Williams, Kit From: Hertzberg, Holly Sent: Tuesday, November 12, 2024 3:59 PM To: Williams, Kit Cc: Barnes, Stacy Subject: Re: sunset clause extention Attachments: scan_holly.hertzberg_2024-11-12-15-56-33.pdf Thank you Kit! Here is the signed Agenda Request form. From: Williams, Kit <kwilliams@fayetteville-ar.gov> Sent: Tuesday, November 12, 2024 12:15 PM To: Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Cc: Barnes, Stacy <sbarnes@fayetteville-ar.gov> Subject: sunset clause extention Holly, Attached is the proposed ordinance extending the Short-term rental code sunset date to July 1, 2025 at 7:00 PM. Assuming the STR code is what the city council decides is fine to make permanent on July 1st, we should be able to safely enact the amended code with all previously approved changes at the meeting immediately after the current code will have been automatically voided. We will need an emergency clause then so there will not be a gap long enough to cause any problems for the short-term rentals previously allowed under our current regulations. Anyway, I have attached the ordinance to extend the current code until July 15t as recommended by the Ordinance Review committee. Also attached is the Agenda Request form for your signature as chair of the Ordinance Review Committee. This is for the December 5th City Council Meeting. You can sign now and scan it back to me, or I will also have it with me for tonight's meetings. Thanks, Kit 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney CC: Susan Norton, Chief of Staff Stacy Barnes Paul Becker, Chief Financial Officer Paralegal Jonathan Curth, Development Services Directpr FROM: Kit Williams, CityAttorney y DATE: November 12, 2024 RE: Extending the sunset clause of the Short -Term Rental Ordinance and Code to July 1, 2025 The Ordinance Review Committee unanimously agreed that the City Council should extend the sunset clause date to July 1, 2025. This should be after the State Legislature Session has adjourned and we can consider any changes in state law that could affect short-term rental regulations. If no state law changes have been enacted, I hope we will have been able to make any further changes to the Fayetteville Code and be safe to enact the fully amended code without any further sunset provision. ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE 6710 PASSED ON NOVEMBER 21, 2023 TO EXTEND THE SUNSET CLAUSE EFFECTIVE DATE, TO JULY 1., 2025 AT 7:00 P.M. AND TO DECLARE AN EMERGENCY WHEREAS, the sunset clause in Ordinance 6427, which was passed on April 20, 2021, provides that the ordinance "and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeat this sunset, repeal and terminations section"; and WHEREAS, Ordinance 6625, which was passed on December 6, 2022, amended Ordinance 6427 so that the ordinance "and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset repeal and termination section"; and WHEREAS, Ordinance 6710 passed on November 21, 2023 amended the sunset provision of Ordinance 6625 which provided that all amendments to the code sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section; and WHEREAS, the Ordinance Review Committee recommends extending the sunset date to allow for consideration of amendments to the City's short-term rental regulations and to allow the continued operation of short-term rentals until July 1, 2025 at 7:00 p.m. 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 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendirients to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on July 1, 2025 at 7: 00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because allowing the City's short-term rental regulation to expire will likely lead to unregulated and illegal operation of short-term rentals not subject to the City's life safety standards and insurance requirements, such that an extension of the sunset clause is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. Forth 0.54 Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 463830 PO #: Matter of. Ord. 6820 AFFIDAVIT • STATE OFARKANSAS RECEIVED DEC 0 9 2024 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I, Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONIBENTON 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. 6820 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 publicdtion the sum of $240.16. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 12108124; NWA nwaonline.com 12108124 B RAS'yF'''% Legal Clerk .��,Gv J .;��1SS10AV p O.a\12.20,? 10 State ofARKANSAS, County of Sebastian \OTAR y Subscribed and sworn to before me on this 9th day of December, 2024 vai P� BoG o ti 2= /i,,,,COIU N1�\\\\\\`� OTARY PUBLIC Ordinance; 6820 File Number: 2024-758 ORDINANCE 6710 - SHORT TERM RENTAL SUNSET CLAUSE (AMENDMENT): AN ORDINANCE TO AMEND ORDINANCE 6710 PASSED ON NOVEMBER 21, 2023 TO EX- TEND THE SUNSET CLAUSE EF- FECTIVE DATE TO JULY 1, 2025 AT 7;00 P.M. AND TO DECLARE AN EMERGENCY WHEREAS, the sunset clause in Ordinance 6427, which was passed on April 20. 2021, pro- vides that the ordinance "and all amendments to Code sections ordained or enacted by this or- dinance shall automatically sun- set, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, un- less prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and terminations section'; and WHEREAS, Ordinance 6625, which was passed on December 6, 2022, amended Ordinance 6427 so that the ordinance "and all amendments to Code Sec- tions ordained or enacted by Or- dinance 6427 shall automatically sunset, be re- pealed. and become void on De- cember 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset re- peal and termination section"; and WHEREAS, Ordinance 6710 passed on November 21, 2023 amended the sunset provision of Ordinance 6625 which pro- viced that all amendments to the code sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2024, unless prior to that date the City Coun- cil amends this ordinance to re- peal or further amend this sunset, repeal and termination section; and WHEREAS, the Ordinance Re- view Committee recommends extending the sunset date to allow for consideration of amendments to the City's short- term rental regulations and to allow the continued operation of short-term rentals until July 1, 2025 at 7:00 p.m. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Coun- cil of the City of Fayetteville. Arkansas hereby determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (ex- tending Sunset Clause) and Or- dinance 6710 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordi- nance 6427 Shall automatically sunset, be repealed and be- come void on July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this oidinance to repeal or further amend this sunset, repeal and termination section. Section 2: That the City Coun- cil of the City of Fayetteville, Arkansas hereby determines that this ordinance should be- come effective without delay because allowing the City's short-term rental regulation to expire will likely lead to unreg- ulated and illegal operation of short-term rentals not subject to the City's life safety standards and insurance requirements, such that an extension of the sunset clause is necessary for the public peace as well as me health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effec- tive immediately upon its pas- sage and approval. PASSED and APPROVED on December 4, 2024 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton City Clerk Trcascrer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $240.16 December 8, 2024 463830