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Home My WebLink About2025-362 - Appeal: Conditional Use Permit-2024-0054: (611 N. Olive Ave,/JD Riggins Family Holdings, 443) CityClerk From:Kasey Hicks <khicks@rmp.law> Sent:Friday, March 28, 2025 3:49 PM To:Mayor; Stafford, Bob; Jones, D'Andre; Moore, Sarah; Wiederkehr, Mike; Berna, Scott; Bunch, Sarah; Turk, Teresa; Jones, Monique Cc:Larry McCredy; Williams, Kit; Macedo, Keith; Pennington, Blake; Paxton, Kara; Shelton, Jackson; Curth, Jonathan; Masters, Jessica; CityClerk Subject:CUP-2024-0054, 611 N. Oliver Ave./JD Riggins Family Holdings, LLC Attachments:25.0328 Ltr to City Council.pdf CAUTION:ThisemailoriginatedfromoutsideoftheCityofFayetteville.Donotclicklinksoropenattachmentsunlessyourecognize thesenderandknowthecontentissafe. Good afternoon, Please find attached correspondence from attorney Larry McCredy regarding CUP-2024-0054, 611 N. Oliver Avenue. Kind regards, Kasey Hicks Legal Assistant 5519 Hackett Street, Suite 300 | Springdale, Arkansas 72762 P.O. Box 1788 | Fayetteville, Arkansas 72702 Firm 479.443.2705 | Fax 479.443.2718 | Direct 479.502.9511 khicks@rmp.law | www.rmp.law CONFIDENTIALITY NOTICE: This message is a PRIVATE communication. This message and all attachments are a private communication sent by a law firm and may be confidential or protected by privilege. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, or use of the information contained in or attached to this message is strictly prohibited. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Thank you. 1 LARRY McCREDY | Attorney lmccredy@rmp.law PO Box 1788 | Fayetteville AR 72702 5519 Hackett St. Suite300 | Springdale AR 72762 T 479 443 2705 | F 479 443 2718 March 28, 2025 Via email only to: Mayor Molly Rawn mayor@fayetteville-ar.gov Bob Stafford D’Andre Jones bob.stafford@fayetteville-ar.govdandre.jones@fayetteville-ar.gov Sarah Moore Mike Wiederkehr sarah.moore@fayetteville-ar.govmike.wiederkehr@fayetteville-ar.gov Scott Berna Sarah Bunch scott.berna@fayetteville-ar.govsarah.bunch@fayetteville-ar.gov Teresa Turk Monique Jones teresa.turk@fayetteville-ar.govmonique.jones@fayetteville-ar.gov Re: 611 N. Oliver Ave./JD Riggins Family Holdings, LLC CUP-2024-0054 Dear Mayor Rawn and Members of the City Council: I representJD Family Holding, LLC (the “Owner”), which is the owner of 611 N. Oliver Street in Fayetteville (the “Property”).The Owner has applied for a conditional use permit for a type 2 short-termrentalfor use at the Property. Its application received approval from the Planning Commission on February24, 2025 and has been appealed to the City Council for review. I write to ask your support for the application and that you deny the appeal. As background, the Owner has owned the Property for roughly four years. It has invested substantial resources to maintain and improve the house on the Property, which has significanthistorical value. Photographs of the current condition of the Property are attached. While originally usedasa residence fora member ofthe Owner’s family, the Owner now desires tomakethishistorical home available forothers to experience whentheyvisit Fayetteville. BENTONVILLE | JOHNSON | JONESBORO | LITTLE ROCK 611 N. Oliver Street March 28, 2025 Page 2 The appeal seeks denial of the CUP on three grounds, which are discussed below. None of these grounds have merit. I will discuss each one. Compatibility – The appeal states that, if granted, the CUP would violate Sec. 151.01, regarding the maximum number of unrelated occupants in the neighborhood, which is zoned RSF-4. It is unclear where in Sec. 151.01 the limitation of 3 unrelated occupants is located. However, Sec. 163.18, the section that deals with STRs, makes clear that there can be a “Maximum of two (2) people per bedroom, plus two (2), for the entire unit when operated as a short-term rental.” Owner’s CUP application is completely consistent with the City’s requirements on this point. Planning staff specifically studied this issued an made the following finding, “Staff finds the use to be compatible with the surrounding properties. The property is surrounded by primarily residential uses…” Safety Issues – The appeal also states that, if granted, the CUP would createunenforceable safety issues. The appeal is misguided on this point, as well. Themaximum number of vehicles that can be parked outside pursuant to the City’sdevelopment code is four. The Property can easily accommodate this number in theexisting driveway. Because of that, noonstreet parking is necessary. Failure to complywith the on-street parking prohibition is the same for the Property as it is with all otherproperties in the neighborhood. This issue is simply not relevant to the consideration ofthe CUP Density – The final issue in the appeal relates to the density of type 2 STRs in the neighborhood. First, the number of STRs stated in the appeal (12 in a four-block area) is simply untrue. The Planning Commission staff reviewed this issue and found that there 6STRs in a ½ mile radius of the Property. This finding is attached for your reference. It isalso important to remember that City developmentcode caps STRs 2% city-wide (or 475total STRs). There is no cap that is considered for smaller sections of the City. This CUP falls within that cap. As the Planning staff specifically found: Type 2 short-term rentals are subject to a citywide density cap at 475 business licenses. As of February 19, 2025, the City had issued 456 Type 2 short-term rental licenses with an additional 19 in review. Further, there are currently an additional 37 on the waitlist. In conclusion, while the Owner recognizes the interest that the neighbors have in this issue, the reasons for the appeal simply are not persuasive. The Owner has complied with all requirements of the City to be issued the CUP. The Planning staff studied this application and recommended approval. The Planning Commission considered all of these arguments when they were first presented and still voted overwhelmingly to approve the CUP application. The Owner respectfully submits that the City Council do the same. BENTONVILLE | JOHNSON | JONESBORO | LITTLE ROCK 611 N. Oliver Street March 28, 2025 Page 3 Thank you for your consideration. Sincerely, /s/ Larry McCredy Larry McCredy LMC/eil Encls. BENTONVILLE | JOHNSON | JONESBORO | LITTLE ROCK Qmboojoh!Dpnnjttjpo Gfcsvbsz!35-!3136 DVQ.3135.1165!)SJHHJOT!GBNJMZ!IPMEJOHT* Qbhf!56!pg!56