HomeMy WebLinkAbout191-25 RESOLUTION
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 191-25
File Number: 2025-1359
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH, SARAH MOORE,
TERESA TURK, AND MIKE WIEDERKEHR AND DENY CONDITIONAL USE PERMIT CUP 2025-026
FOR A TYPE 2 SHORT-TERM RENTAL AT 463 WEST ILA STREET IN WARD 2
WHEREAS, on July 14, 2025, the Planning Commission voted 6-2-0 to approve a conditional use permit for a Type 2
short-term rental at 463 West Ila Street; and
WHEREAS, Council Members Sarah Moore, Teresa Turk, and Mike Wiederkehr have properly appealed the decision
of the Planning Commission pursuant to §155.05(A)(3) of the Unified Development Code, based on incompatibility of
the proposed short-term rental with the neighborhood, parking issues, and the high concentration of nearby licensed
Type 2 short-term rentals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of Council Members
Sarah Bunch, Sarah Moore, Teresa Turk, and Mike Wiederkehr and denies Conditional Use Permit CUP 2025-026 for
the reasons stated above.
PASSED and APPROVED on August 19, 2025
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-1359
MEETING OF AUGUST 19, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Wesley Frank, Planner
SUBJECT: APPEAL: CUP-2025-0026 (463 W. ILA ST./MARSH, 445): Submitted by MICHAEL
MARSH for property located at 463 W. ILA ST in WARD 2. The property is zoned RMF-
40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately
0.14 acres. The request is for a short-term rental.
RECOMMENDATION:
Staff recommended approval and Planning Commission approved CUP-2025-0026 as shown in the attached
Exhibits A and B, and with the following conditions of approval:
1. Planning Commission determination of compatibility. Staff finds the proposed short-term rental to be
compatible with the neighborhood based on the findings in this report;
2. Approval of the conditional use permit does not ensure approval of a business license application. The
applicant must still be able to comply with all other applicable requirements in the development code.
3. Per §166.20, Expiration of Approved Plans and Permits, a business license must be obtained within 1
year of conditional use permit approval.
4. Per ordinance, the number of occupants is limited to a maximum of two people per bedroom, plus two,
for the entire unit when the property is operated as a short-term rental.
5. Special events including, but not limited to, weddings, receptions, anniversaries, private parties,
fundraisers and business seminars are prohibited from occurring in the short-term rental.
6. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential
dwelling may be used as a short-term rental.
7. All trash receptacles shall be screened from view of the right-of-way.
8. All outdoor lighting shall meet requirements as outlined in §176, Outdoor Lighting.
9. Any signage shall meet the requirements as outlined in §174, Signage.
10. Per Business Regulations §120.02(A), the owners of only short-term rentals shall be required to
designate and register their landlord’s representative into the Landlord’s Representative Registry.
The item's approval is being appealed by Councilmembers Bunch, Moore, Turk, and Wiederkehr.
BACKGROUND:
The subject property is located south of Wilson Park on West Ila Street, about halfway between North Wilson
Avenue and North Vandeventer Avenue. The applicant was also applying for a conditional use permit (CUP-
2025-0025) for a short-term rental license for a property that shares a driveway with the subject property. The
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
property is zoned RMF-40, and totals approximately 0.14 acres. According to Washington County records, the
property is developed with a single-family dwelling that was originally built in 2006. On April 20, 2021, City
Council adopted an ordinance to regulate short-term rentals operating within its limits. On December 20, 2022,
City Council amended the ordinance to enact new requirements for short-term rentals, and on July 6, 2023,
City Council amended the Type 2 short-term rental density cap requirements from 2% citywide, to 475 total.
This report reflects those new changes for consideration.
Request: The applicant requests conditional use permit approval to use the property as a Type 2 short-term
rental, which are those not occupied by a permanent resident. Type 2 short-term rentals are subject to density
limitations, including a citywide cap of 475 units, and restrictions on the number of units that may be used as a
short-term rental in multi-family dwelling complexes.
DISCUSSION:
On the balance of considerations, staff recommends approval of the applicant’s conditional use permit for a
short-term rental. Staff finds that the subject property and proposed use was conforming to nearby properties
and uses, although short-term rentals are often counter to City goals.
At the Planning Commission meeting on July 14, 2025, the item was approved following a motion by
Commissioner Payne and a second by Commissioner Werner with a vote 6-2-0. Commissioners Garlock and
Madden both dissented, citing the property's small size, use in proximity to other dwellings, and the proximity
to other short-term rentals in the area. Commissioners in favor cited the proximity to the nearby sororities and
compatible use of the area.
Two members of the public spoke against the conditional use permit. Concerns centered on the safety of the
street due to its narrow width and lack of compatibility in the area.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Council Member Turk Verification, 4. Council Member Bunch Verification, 5. Council
Member Moore Verification, 6. Council Member Wiederkehr Verification, 7. Exhibit A, 8. Exhibit B, 9. Staff
Report
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-1359
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH,
SARAH MOORE, TERESA TURK, AND MIKE WIEDERKEHR AND DENY CONDITIONAL
USE PERMIT CUP 2025-026 FOR A TYPE 2 SHORT-TERM RENTAL AT 463 WEST ILA
STREET IN WARD 2
WHEREAS, on July 14, 2025, the Planning Commission voted 6-2-0 to approve a conditional use
permit for a Type 2 short-term rental at 463 West Ila Street; and
WHEREAS, Council Members Sarah Moore, Teresa Turk, and Mike Wiederkehr have properly
appealed the decision of the Planning Commission pursuant to §155.05(A)(3) of the Unified
Development Code, based on incompatibility of the proposed short-term rental with the neighborhood,
parking issues, and the high concentration of nearby licensed Type 2 short-term rentals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of
Council Members Sarah Bunch, Sarah Moore, Teresa Turk, and Mike Wiederkehr and denies
Conditional Use Permit CUP 2025-026 for the reasons stated above.
From: Turk, Teresa
To: CityClerk
Subject: Sponsor the Appeal of CUP 2025-0025 and CUP 2025-2026
Date: Thursday, July 24, 2025 1:53:16 PM
City Clerk Paxton,
I would like to sponsor the Appeal of CUP-2025-0025 and CUP 2025-2026 for the following
reasons:
1. Lack of adequate and sufficient parking.
2. Incompatibility with the surrounding dwellings and neighborhood.
Please let me know if have any questions and thanks for your time!
Teresa Turk
City Council Member
Ward 4 Position 1
Fayetteville, AR 72701
ward4_pos1@fayetteville-ar.gov
206.713.2265
To:
From: Paxton, Kara
CityClerk
Subject: FW: Appeal CUP-2025-0025 and CUP-2025-0026
Date: Thursday, July 24, 2025 10:58:52 AM
Attachments: image001.png
Good morning,
I received the below email from Council Member Bunch. Please record her response below
as verification that she will co-sponsor the appeal.
Thank you,
Kara Paxton
MSISM, MMC, CAMC, CMO
City Clerk Treasurer
City of Fayetteville, Arkansas
479-575-8323
fayetteville-ar.gov
From: Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>
Sent: Thursday, July 24, 2025 10:41 AM
To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov>
Subject: Fwd: Appeal CUP-2025-0025 and CUP-2025-0026
Yes, I will co-sponsor this for the reasons stated. Thank you.
Sarah Bunch
Sent from my iPad
Begin forwarded message:
From: MARK KINION <mkinion@cox.net>
Date: July 23, 2025 at 1:19:44 AM CDT
To: "Wiederkehr, Mike" <mike.wiederkehr@fayetteville-ar.gov>, "Bunch,
Sarah" <sarah.bunch@fayetteville-ar.gov>, "Turk, Teresa"
<teresa.turk@fayetteville-ar.gov>, "Stafford, Bob"
<bob.stafford@fayetteville-ar.gov>, "Williams, Kit" <kwilliams@fayetteville-
ar.gov>
Subject: Appeal CUP-2025-0025 and CUP-2025-0026
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Mike, Sarah, Teresa and Bob,
Thank you for co-sponsoring the appeal of the conditional use variance
approving Short Term Rentals at 421 W Ila Street and 463 W Ila Street.
Please copy, paste and send an e-mail to City Clerk and City Attorney.
These e-mails must reach the City Clerk by or before Monday July 28th.
E-Mail Suggestion
To: Fayetteville City Clerk, Fayetteville City Attorney
From: [Your Name]
Date: [Insert Date]
Subject: Appeal of Conditional Use Permit – 421 W Ila Street and
463 W Ila Street
Dear City Clerk, City Attorney
I respectfully request that the City Council reconsider and repeal the
Planning Commission’s approval of Conditional Use Permit CUP-
2025-0025 for 421 W Ila Street and adjoining property CUP-2025-
0026 for 463 W Ila Street
Grounds for Appeal: CUP-2025-0026, CUP- 2025-0025
1. Procedural Error: The approval did not comply with UDC
specifically regarding parking UDC 163.02, UDC 163.03,
UDC166.25, UDC 30-5.a.3
2. Incompatibility: The proposed use is inconsistent with
surrounding land uses and will negatively impact
neighborhood character. UDC 163.02, UDC161.01(G),
166.25, 164.11,
3. Infrastructure Deficiency: The property lacks adequate off-
street parking and emergency access, violating UDC 166.25,
UDC 30-5.a.3, UDC 164.1, UDC 166.25
I urge the City Council to review this matter and consider revoking
the CUP-2025-0025 for 421 W Ila Street and CUP-2025-0026 for
463 W Ila Street in the interest of public welfare, Safety and code
compliance.
Sincerely,
[Your Name]
{Your Position}
[Your Contact Info]
Brief outline
I am putting together a small packet of information regarding each UDC
item listed that should be considered in this discussion. More in-depth
data will be available regarding police reports related to STRs, street
width, off-street parking requirements, Dwelling counts, more,more more. I
did a deep dive into all applicable UDC items and found some seldom
mentioned code requirements. Be expecting an in depth summary in the
next couple of days.
Outline I am working on.
Grounds for Appeal: CUP-2025-0026, CUP- 2025-0025
1. Procedural Error: The approval did not comply with UDC
specifically regarding parking UDC 163.02, UDC 163.03,
UDC166.25, UDC 30-5.a.3
2. Incompatibility: The proposed use is inconsistent with
surrounding land uses and will negatively impact neighborhood
character. UDC 163.02, UDC161.01(G), 166.25, 164.11,
3. Infrastructure Deficiency: The property lacks adequate off-
street parking and emergency access, violating UDC 166.25,
UDC 30-5.a.3, UDC 164.1, UDC 166.25
More data will be available regarding police reports related to STRs,
street width, off-street parking requirements, Dwelling counts, more,more
more. I did a deep dive into all applicable UDC items and found some
seldom mentioned code requirements such as off-street parking
standards. Be expecting an in depth summary in the next couple of days.
General Grounds for Appeal and UDC
Procedural Error
The approval did not comply with provisions outlined in Fayetteville’s
Unified Development Code (UDC), specifically:
§163.02 (Conditional Use Criteria)
§163.03 (STR Licensing & Compliance)
§166.25 (Design Standards & Emergency Access)
§30-5.A.3 (Parking Space Dimensions)
Compatibility Neighborhood Character
The proposed use is inconsistent with surrounding single-family residential
zoning and undermines the stability of long-term occupancy. Applicable
sections include:
§163.02
§161.01(G)
§166.25
§164.11(C)
Infrastructure Deficiency
Both properties lack compliant off-street parking, adequate turning radius,
and emergency access per fire code and UDC standards:
§166.25
§30-5.A.3
§164.11(C)
From: Moore, Sarah
To: Williams, Kit; CityClerk; Pennington, Blake
Subject: Re: Appeal of Conditional Use Permit – 421 W Ila Street and 463 W Ila Street
Date: Thursday, July 24, 2025 1:25:06 PM
Attachments: image001.png
I will sponsor this appeal based on the information that Mark Kinion lays out in his email
below.
Thank you
Sarah Moore
Fayetteville City Council, Ward 2
sarah.moore@fayetteville-ar.gov
479.263.6629
Report a concern with SeeClickFix:
https://www.fayetteville-ar.gov/4233/Report-a-Concern-with-SeeClickFix
Speak up on City projects:
https://speakup.fayetteville-ar.gov/
Voice your feedback to the entire Council and Mayor by emailing:
agendaitemcomment@fayetteville-ar.gov
From: Williams, Kit <kwilliams@fayetteville-ar.gov>
Date: Thursday, July 24, 2025 at 9:21 AM
To: Moore, Sarah <sarah.moore@fayetteville-ar.gov>
Subject: RE: Appeal of Conditional Use Permit – 421 W Ila Street and 463 W Ila
Street
Sarah,
You may certainly use the problems asserted by Mark in his email. Please remember that
this is yours and the other cosponsors appeal, not Mark’s. However, once the appeal has been
properly requested by three Council Members and is before the City Council, the three Council
Members may allow Mike to use the applicants’ presentation time if you do not prefer to present
and explain the reasons for the appeal yourselves.
Kit Williams
Fayetteville City Attorney
479-575-8313
From: MARK KINION <mkinion@cox.net>
Sent: Wednesday, July 23, 2025 7:27 PM
To: Moore, Sarah <sarah.moore@fayetteville-ar.gov>
Subject: Appeal of Conditional Use Permit – 421 W Ila Street and 463 W Ila Street
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Sarah,
A pleasure talking with you today. Thanks for cosponsoring. Your take
on concentration of STRs inthis area is so appreciated.
Regards,
Mark
Appeal of Conditional Use Permit – 421 W Ila Street and 463 W Ila
Street
Here is a template of request for appeal to send to City Clerk and City
Attorney on or before Monday July 28th. Sooner the better.
Dear City Clerk, City Attorney
I respectfully request that the City Council reconsider and repeal the
Planning Commission’s approval of Conditional Use Permit CUP-
2025-0025 for 421 W Ila Street and adjoining property CUP-2025-
0026 for 463 W Ila Street
Grounds for Appeal: CUP-2025-0026, CUP- 2025-0025
Procedural Error: The approval did not comply with UDC specifically
regarding parking UDC 163.02, UDC 163.03, UDC166.25, UDC 30-
5.a.3
Incompatibility: The proposed use is inconsistent with surrounding land
uses and will negatively impact neighborhood character. UDC 163.02,
UDC161.01(G), 166.25, 164.11,
Infrastructure Deficiency: The property lacks adequate off-street parking
and emergency access, violating UDC 166.25, UDC 30-5.a.3, UDC
164.1, UDC 166.25
I urge the City Council to review this matter and consider revoking the
CUP-2025-0025 for 421 W Ila Street and CUP-2025-0026 for 463 W
Ila Street in the interest of public welfare, Safety and code compliance.
Sincerely,
[Your Name]
{Your Position}
[Your Contact Info]
Brief outline
I am putting together a small packet of information regarding each UDC
item listed that should be considered in this discussion. More in-depth data
will be available regarding police reports related to STRs, street width, off-
street parking requirements, Dwelling counts, more,more more. I did a deep
dive into all applicable UDC items and found some seldom mentioned code
requirements. Be expecting an in depth summary in the next couple of
days.
Outline I am working on.
Grounds for Appeal: CUP-2025-0026, CUP- 2025-0025
1. Procedural Error: The approval did not comply with UDC
specifically regarding parking UDC 163.02, UDC 163.03,
UDC166.25, UDC 30-5.a.3
2. Incompatibility: The proposed use is inconsistent with
surrounding land uses and will negatively impact neighborhood
character. UDC 163.02, UDC161.01(G), 166.25, 164.11,
3. Infrastructure Deficiency: The property lacks adequate off-street
parking and emergency access, violating UDC 166.25, UDC 30-
5.a.3, UDC 164.1, UDC 166.25
More data will be available regarding police reports related to STRs, street
width, off-street parking requirements, Dwelling counts, more,more more. I
did a deep dive into all applicable UDC items and found some seldom
mentioned code requirements such as off-street parking standards. Be
expecting an in depth summary in the next couple of days.
General Grounds for Appeal and UDC
Procedural Error
The approval did not comply with provisions outlined in Fayetteville’s Unified
Development Code (UDC), specifically:
§163.02 (Conditional Use Criteria)
§163.03 (STR Licensing & Compliance)
§166.25 (Design Standards & Emergency Access)
§30-5.A.3 (Parking Space Dimensions)
Compatibility Neighborhood Character
The proposed use is inconsistent with surrounding single-family residential
zoning and undermines the stability of long-term occupancy. Applicable
sections include:
§163.02
§161.01(G)
§166.25
§164.11(C)
Infrastructure Deficiency
Both properties lack compliant off-street parking, adequate turning radius,
and emergency access per fire code and UDC standards:
§166.25
§30-5.A.3
§164.11(C)
From: Wiederkehr, Mike
To: CityClerk
Cc: Williams, Kit; Paxton, Kara; Mark Kinion
Subject: Appeal of CUP-2025-0025 and CUP-2025-0026 on West ILA Street
Date: Thursday, July 24, 2025 7:46:36 AM
Dear City Clerk & City Attorney,
My understanding is that resident, Mark Kinion, has submitted a proper appeal of 2 CUPs on ILA Street, and is in
need of 3 City Council members who will sponsor his appeal so it may be heard. With no commitment to approve
this dual appeal, I am writing to you to affirm that I am willing to be one of his three needed Council sponsors.
The appeal is for the following:
CUP-2025-0025 at 421 W Ila Street, and
CUP-2025-0026 at 463 W Ila Street
Sincerely,
Mike Wiederkehr
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RMF-40
RMF-24
RSF-4
NCDG
P-1
Urban Center
Alley
Residential Link
Planning Area
Fayetteville City Limits
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Close Up View
CUP-2025-0026 463 W. ILA ST
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
CUP-2025-0026
EXHIBIT B
Legal Description
One Hundred Twenty-six (126) feet of equal and uniform width off the North end of Lot Numbered One
(1) in Block Numbered One (1) of Wilson's First Addition to the City of Fayetteville, Arkansas, as per plat
of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas.
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Wesley Frank, Planner
MEETING DATE: July 14, 2025
SUBJECT: CUP-2025-0026: Conditional Use (463 W. ILA ST./ MARSH, 445):
Submitted by MICHAEL MARSH for property located at 421 W. ILA ST.
The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS
PER ACRE and contains approximately 0.14 acres. The request is for a
short-term rental.
RECOMMENDATION:
Staff recommends approval of CUP-2025-0026, with conditions as outlined by staff.
RECOMMENDED MOTION:
“I move to approve CUP-2025-0026 with conditions, determining:
• In favor of compatibility with adjacent properties;
• In favor of all other conditions as recommended by staff.”
BACKGROUND:
The subject property is located south of Wilson Park on West Ila Street, about halfway between
North Wilson Avenue and North Vandeventer Avenue. The applicant is also applying for a
conditional use permit (CUP-2025-0025) for a short-term rental license for a property that shares
a driveway with the subject property. The property is zoned RMF-40, and totals approximately
0.14 acres. According to Washington County records, the property is developed with a single-
family dwelling that was originally built in 2006. On April 20, 2021, City Council adopted an
ordinance to regulate short-term rentals operating within its limits. On December 20, 2022, City
Council amended the ordinance to enact new requirements for short-term rentals, and on July 6,
2023, City Council amended the Type 2 short-term rental density cap requirements from 2% city-
wide, to 475 total. This report reflects those new changes for consideration. Surrounding land use
and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Single-family Residential RSF-4, Residential Single-Family, 4 Units per Acre
South Fraternity & Sorority RMF-40, Residential Multi-Family, 40 Units per
Acre
East Fraternity RMF-40, Residential Multi-Family, 40 Units per
Acre
West Single-family Residential RMF-40, Residential Multi-Family, 40 Units per
Acre
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 1 of 28
City Plan 2040 Future Land Use Designation: Residential Neighborhood
Proposal: The applicant requests conditional use permit approval to use the property as a Type
2 short-term rental, which are those not occupied by a permanent resident. Type 2 short-term
rentals are subject to density limitations, including a citywide cap of 475 units, and restrictions on
the number of units that may be used as a short-term rental in multi-family dwelling complexes.
Public Comment: Staff has received one public comment regarding this request. The commenter
stated that they were in opposition to this permit as it would increase the STR density in the area.
RECOMMENDATION: Staff recommends approval of CUP-2025-0026, with the following
conditions;
Conditions of Approval:
1. Planning Commission determination of compatibility. Staff finds the proposed short-
term rental to be compatible with the neighborhood based on the findings in this report;
2. Approval of the conditional use permit does not ensure approval of a business license
application. The applicant must still be able to comply with all other applicable
requirements in the development code.
3. Per §166.20, Expiration of Approved Plans and Permits, a business license must be
obtained within 1 year of conditional use permit approval.
4. Per ordinance, the number of occupants is limited to a maximum of two people per
bedroom, plus two, for the entire unit when the property is operated as a short-term
rental.
5. Special events including, but not limited to, weddings, receptions, anniversaries, private
parties, fundraisers and business seminars are prohibited from occurring in the short-
term rental.
6. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent
residential dwelling may be used as a short-term rental.
7. All trash receptacles shall be screened from view of the right-of-way.
8. All outdoor lighting shall meet requirements as outlined in §176, Outdoor Lighting.
9. Any signage shall meet the requirements as outlined in §174, Signage.
10. Per Business Regulations §120.02(A), the owners of only short-term rentals shall be
required to designate and register their landlord’s representative into the Landlord’s
Representative Registry.
________________________________________________________________________
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 2 of 28
FINDINGS OF THE STAFF
§163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a conditional
use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent of
this chapter.
C. Procedures. A conditional use shall not be granted by the Planning Commission
unless and until:
1. A written application for a conditional use is submitted indicating the section
of this chapter under which the conditional use is sought and stating the
grounds on which it is requested.
Finding: The applicant has submitted a written application requesting a conditional
use permit for a Type 2 short-term rental in the RMF-40 zoning district.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings before
a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
PLANNING COMMISSION ACTION: Required YES
Date: July 14, 2025 ❒ Tabled ❒ Approved ❒ Denied
Motion:
Second:
Vote:
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 3 of 28
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under Unified Development Code
§118.01(E)(2) to grant the requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect the
public interest.
Finding: Staff finds that granting the requested conditional use is unlikely to
negatively affect the public interest, given the applicable business license
requirements including a required building safety inspection, and applicable
density caps on Type 2 short-term rentals.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: There are specific rules governing Short-Term Rentals, as follows:
§163.18 - SHORT-TERM RENTALS
A. Residential Zoning Districts. Type 2 short-term rentals may be permitted as a
conditional use in the following residential zoning districts: R-A, RSF-.5, RSF-1,
RSF-2, RSF-4, RSF-7, RSF-8, RSF-18, RI-12, Rl-U, RMF-6, RMF-12, RMF-18,
RMF-24, RMF-40, NC. Short term rentals may be permitted by right or by
conditional use in planned zoning districts subject to the zoning regulations
enacted by the City Council for each district. Short-term rentals in non-residential
zoning districts, mixed use zoning districts, or other zoning districts not listed above
are not required to apply for a conditional use permit.
Finding: The request is to operate a Type 2 Short-Term Rental, Use Unit 46, in RMF-
40 zoning which requires a conditional use permit.
B. Occupancy. Maximum of two (2) people per bedroom, plus two (2), for the entire
unit when operated as a short-term rental.
Finding: Occupancy is limited as described in UDC §163.18(A)(16). Occupancy
limitations are confirmed by the applicant during licensing. The maximum
allowed per the bedroom count (3) will be 8 guests.
C. Parking. Parking is limited to the maximum number of vehicles as allowed by the
underlying zoning district for the residential building on the property.
Finding: Staff recommends parking is limited as described in UDC §163.18(C). For
single-family structures, parking is required to be 2 spaces per unit with a
maximum of 4 vehicles. According to the applicant the structure has three
bedrooms and a driveway that can accommodate three parking spaces on
the subject property. The neighboring property (421 West Ila Street – CUP-
2025-0025) has its own separate parking accommodations.
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 4 of 28
D. Special events are not permitted in a short-term rental. Example of special events
include, but are not limited to, weddings, receptions, anniversaries, private parties,
fundraisers and business seminars.
Finding: The application letter suggests the property will comply with the City’s
regulations for a short-term rental. As a condition of approval, staff
recommends a prohibition on special events.
E. Short-term rental units are allowed in any structure established as a permanent
residential dwelling including an accessory dwelling unit. No recreational vehicle,
trailer, other vehicle or structure not classified as a permanent residential dwelling
may be used as a short-term rental.
Finding: The application is for use of the property at 463 West Ila Street. Staff
recommends a condition confirming that no recreational vehicle, trailer,
other vehicle or structure not classified as a permanent residential dwelling
may be used as a short-term rental.
F. Exceptions. Exceptions to the short-term rental standards, except proposals that
would exceed the city-wide density maximum, may be granted by the Planning
Commission as a conditional use permit.
Finding: Type 2 short-term rentals are subject to a citywide density cap at 475
business licenses. As of July 8, 2025, the City had issued 466 Type 2 short-
term rental licenses. Granting a CUP for this location would entitle the
applicant to apply for a business license but does not guarantee its approval.
No special exceptions are being requested.
G. Short-term rentals must comply with all applicable codes under City Code §118.01
and successfully obtain a business license prior to operation.
Finding: This short-term rental would be subject to all codes in Business Regulations
§118.01 that apply to Type 2 short-term rentals in residential zoning districts.
Applicable business licensing requirements will be reviewed by staff and
confirmed by the applicant at the time of licensing.
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.
Finding: There appears to be adequate parking available to support the use of the
property as a short-term rental on the applicant’s submittal. Three off-street
parking spaces on the subject property are available on site and a maximum
of eight guests would be permitted. City records indicate that fourteen other
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 5 of 28
units within a quarter-mile radius of the property have a business license to
operate as a Type-2 short-term rental. Currently, none of the nearby fourteen
short-term rental units accesses the same street as the applicant’s property;
two are close by (521 North Shady Avenue, Unit 4, and 607 North Wilson
Avenue). There are two cluster points of neighboring STR’s; however, they
are some distance away from the proposed property to the south and south
west respectively. No prior or active zoning or code violations have been
reported on the property. The property is not located within 1,000 feet from
either a public or private school.
The applicant has also requested a conditional use permit for a short -term
rental for 421 West Ila Street, a property that shares the driveway with the
subject property. If both requests are approved, the total number short-term
rentals within ¼ mile would be 16. Should both requests be permitted, the
neighborhood area would be 1.8%, below the 2% cap of the houses-to-short-
term rental ratio. Staff finds that approving both would be compatible to the
area.
§163.02. AUTHORITY; CONDITIONS; PROCEDURES. (continued)
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: A driveway access onto West Ila Street is available to accommodate
vehicular ingress and egress to the subject property. West Ila Street does
have sidewalks to facilitate pedestrian access. Staff finds the proposal will
not adversely affect traffic flows considering the use of the property would
be limited to a maximum of 8 guests, which would not be out of character
with use of the property for residential purposes.
(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: Three on-site parking spaces are available. The short-term rental ordinance
limits the number of guest vehicles per single-family dwellings to the
maximum number of four vehicles as allowed by the underlying zoning
district.
(c.) Refuse and service areas, with particular reference
to ingress and egress, and off-street parking and
loading,
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 6 of 28
Finding: The applicant proposes typical residential trash cart service rather than
dumpster service. Staff recommends storage of the containers should be
screened from public view when not at the curb for residential pick-up.
(d.) Utilities, with reference to locations, availability, and
compatibility;
Finding: Utilities are currently available to the site, and the use as a short-term rental
is not anticipated to impact the provision of utilities.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: Staff recommends that residential carts be screened so that they are not
visible from the public right-of-way.
(f.) Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect,
and compatibility and harmony with properties in the
district;
Finding: Any proposed signage will be subject to Unified Development Code section
174 – Signs, and all the regulations therein.
(g.) Required yards and other open space; and
Finding: Based on the applicant’s submittal, the structure is meeting relevant
setbacks.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: Staff finds the use to be compatible with the surrounding properties. The
residences along West Ila Street are all detached single-family dwellings.
The property also abuts or is near several sorority houses to the rear,
highlighting an area with high density and visitors. The property appears to
have adequate parking to accommodate overnight guests, trash containers
must be screened, and minimal disruptions are expected for neighbors.
Given the proximity to downtown, the University, and the trail and park with
other amenities, Staff finds that the overall number of licensed Type-2 STRs
in the area is not too concentrated to negatively contribute to the
neighborhood.
(i.) General compatibility with the goals and intent of the
city's adopted land-use, transportation, and other
strategic plans.
Finding: Staff finds the proposed use to be somewhat incompatible with the City’s
adopted land use, transportation, and other strategic plans since short-term
rentals do not clearly support any of the goals identified in those plans.
However, there are safeguards in place that limit how short-term rentals
operate to ensure that the City can still meet those goals, including a
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 7 of 28
citywide density cap of 475 units and restrictions on the number of units that
may be used as a short-term rental in multi-family dwelling complexes.
____________________________________________________________________________
BUDGET/STAFF IMPACT:
None
Attachments:
• Business Regulations
o §118.01 Applicability
• Unified Development Code
o §163.18 Type 2 Short-Term Rentals in Residential Zoning Districts
o § 161.17 District RMF-40, Residential Multi-Family - Forty (40) Units Per Acre
• One Mile Map
• Close-Up Map
• Current Land Use Map
• STRs Within ¼ Mile Map
• Applicant Exhibits
o Applicant Request Letter
o Site Plan
o Building Elevations
o Building Floor Plan
• Public Comment
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 8 of 28
118.01 Applicability
(E) Short-Term Rentals. A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential
dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days.
(1) Short-Term Rental, Type 1. A short-term rental where the principal use of the property remains as a full-
time residence. The occupants or owner rent their primary residence as a short-term rental. A copy of the
Homestead Tax Credit or long-term lease agreement for the subject property is required to be classified
as a Type 1 rental. The occupant or owner must occupy the residence for nine (9) months of the year.
Accessory dwelling units (ADUs) as defined in Unified Development Code Chap ter 151 shall be
considered a Type 1 short-term rental.
(2) Short-Term Rental, Type 2. A short-term rental that is not occupied by a permanent resident. The owner
lists this property full-time as a short-term rental and has no intention of having permanent residents living
in the property. A conditional use permit is required for a Type 2 short -term rental in a residential zoning
district prior to the city issuing a business license.
(3) License Required. No dwelling unit in the city shall be used as a short-term rental unless:
(a) The owner of the dwelling unit or operator of the short-term rental possess a valid and current business
license for the dwelling unit, and fully complies with all legal requirements and duties imposed herein
with respect to each and every short-term rental; and
(b) The owner has designated an agent, where said agent fully complies with all legal requirements and
duties imposed herein with respect to every short-term rental. The owner may serve as their own agent.
(c) The owner of the dwelling unit or operator of the short-term rental provides proof of a valid and current
homeowners insurance rider policy which fully covers each unit when operated as short-term rental unit.
(4) A separate business license shall be required for each dwelling unit used as a short-term rental.
(5) Any change in ownership requires a new or amended business license.
(6) If any required contact information changes for the associated business license, the person to whom the
license was issued shall immediately notify the Development Services Department in writing.
(7) License Application. The application for a business license shall include at minimum, the following
information from applicants:
(a) The property owner's information including legal name, mailing address, immediate contact phone
number, and immediate contact E-mail address.
(b) Information for the dwelling unit subject to the application, inclusive of the physical street address
assigned by the city.
(c) The type and total number of dwelling units located on the lot of record containing the dwelling unit
subject to the application.
(d) If the owner is not their own agent, the owner designated agent's information including legal name,
mailing address, immediate contact phone number and immediate contact E-mail address.
(e) Documentation of approval of a life safety and egress inspection by the City Building Safety Division for
the dwelling unit subject to the application.
(f) Proof of application for remittance of hotel, motel and restaurant tax to the City of Fayetteville, and
verification that all sales, use, and hotel, motel and restaurant taxes are current.
(g) Any additional data as deemed necessary or desirable for permit approval by the Development Services
Director.
(8) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter
118 of the Business Regulations (Business Registry and Licenses).
(11) Legal Duties of License Holders. An owner possessing a short-term rental license shall comply at all
times with the following requirements:
(a) Occupancy. Short-term rentals shall be subject to, and may not exceed, the occupancy limits approved
with the business license.
(b) Advertisements. A short-term rental shall not be advertised if it violates occupancy, density, safety, and
any of the other provisions of the Fayetteville Code. No short-term rental unit shall be advertised prior to
having obtained a business license and the business license number shall be included in the
advertisement listing.
(c) Information and Posting. Business licensees shall provide to guests and post conspicuously in the
common area of the short-term rental unit the city phone number to report a safety complaint.
(10) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are
available at all times during guest occupancy, including nights and weekends, in order to facilitate
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 9 of 28
compliance with this section. For the purposes of these regulations, 'availability' means that the owner or
agent is accessible by telephone, and, able to be physically present at the short -term rental within three
(3) hours of being contacted.
(11) Guest Records. The owner shall maintain summary guest registration records, which shall contain the
actual dates of occupancy, total number of guests per party per stay, and the rate(s) charged, but shall
not contain any personally identifiable information about guests. Such records shall be maintained for
three (3) years and shall be provided to the City upon request.
(12) Health and Safety. The owner shall ensure that each dwelling unit governed by this section complies with
the applicable provisions of the Unified Development Code Chapter 173, Building Regulations.
(13) Criminal Activity. The owner shall timely report any known or reasonably suspected criminal activity by a
guest to the Fayetteville Police Department within twelve (12) hours maximum.
(14) Taxes and Fees. Except for those instances in which a hosting platform bears the responsibility for
collecting and remitting taxes and fees applicable to short -term rentals, the property owner shall timely
remit in full Fayetteville Hotel, Motel and Restaurant tax and other applicable local, state, and federal
taxes and city fees owed in connection with any short-term rental. The failure of a hosting platform to
collect and remit taxes and fees shall not relieve an owner of the obligation to pay taxes and fees owed
pursuant to this section.
(15) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be granted
by the Development Services Director through the issuance of a City of Fayetteville Business Registry
and License (Business License).
(16) Density For Type 2 Short-Term Rentals. A city-wide density cap of 2% of all dwelling units in the
Fayetteville city limits may be utilized as Type 2 rentals. Total dwelling units are determined from current
United States Census Bureau and/or American Community Survey numbers, whichever number is
higher. A conditional use permit may not permit:
(a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. Type 2 short-term
rentals in commercial and mixed-use zoning districts where hotel/motels are permitted by right shall not
contribute to the city-wide density cap.
(b) More than 10% or a single unit whichever is greater; of total dwelling units as Type 2 rentals within a
multi-family dwelling complex.
(c) Individual 2-, 3- and 4-family buildings that are owned by the same person or entity and are not a part of
a multi-family complex shall have no more than one (1) Type 2 short-term rental unit per building
complex.
(d) Where attached residential units are held separately through condominium association, horizontal
property regime, fee simple, or similar ownership structure, no cap shall be applied to buildings with
attached residential dwellings. Structures of attached reside ntial dwellings where applicants seek more
than 10% of total units for licensing as Type 2 rentals shall be evaluated by the Building Safety Director
and/or Fire Marshal for adequate fire protection as defined by the adopted Arkansas Fire Prevention
Code. Where inadequate fire protection is identified, improvements may be required prior to issuance of
a business license.
(17) Suspension and Revocation. If the Development Services Director has reason to believe that any of the
grounds specified in §118.03(A) of the Fayetteville Code exist, or that any rental unit was rented for less
than one (1) full night, or to more than one (1) part of guests for the same period of time, or otherwise
failed to comply with all terms and conditions of this section, the Development Services Director may
suspend or revoke the short-term rental's business license pursuant to the procedures detailed in
§118.03 and in §118.04 of the Fayetteville Code.
(18) Short-term rentals must comply with all applicable codes under Unified Development Code §163.18 and §
164.26 successfully obtain a business license prior to operation.
( Ord. No. 6427 , §§1(Exh. A), 2, 4-20-21; Ord. No. 6505 , §1(Exh. A), 11-16-21; Ord. No. 6521 , §§1, 2, 1-18-22;
Ord. No. 6537 , §1(Exh. A), 2-15-22)
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 10 of 28
163.18 Type 2 Short-Term Rentals in Residential Zoning Districts
(A) Residential Zoning Districts. Type 2 short-term rentals may be permitted as a conditional use in the
following residential zoning districts:
1) R-A
2) RSF-.5
3) RSF-1
4) RSF-2
5) RSF-4
6) RSF-7
7) RSF-8
8) RSF-18
9) RI-12
10) RI-U
11) RMF-6
12) RMF-12
13) RMF-18
14) RMF-24
15) RMF-40
16) NC
Short term rentals may be permitted by right or by conditional use in planned zoning districts subject to
the zoning regulations enacted by the City Council for each district.
Short-term rentals in non-residential zoning districts, mixed use zoning districts, or other zoning districts
not listed above are not required to apply for a conditional use permit.
(B) Occupancy. Maximum of two (2) people per bedroom, plus two (2), for the entire unit when operated as a
short-term rental.
(C) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning
district for the residential building on the property.
(D) Special events are not permitted in a short-term rental. Example of special events include, but are not
limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars.
(E) Short-term rental units are allowed in any structure established as a permanent residential dwelling
including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not
classified as a permanent residential dwelling may be used as a short -term rental.
(F) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city-
wide density maximum, may be granted by the Planning Commission as a conditional use permit.
(G) Short-term rentals must comply with all applicable codes under City Code §118.01 and successfully
obtain a business license prior to operation.
(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; and
4) Prior zoning or code violations
( Ord. No. 6427 , §§1(Exh. E), 2, 4-20-21; Ord. No. 6505 , §2(Exh. B), 11-16-21; Ord. No. 6537 , §2(Exh. B), 2-15-22)
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 11 of 28
161.17 District RMF-40, Residential Multi-Family - Forty (40) Units Per Acre
(A) Purpose. The RMF-40 Multi-family Residential District is designated to protect existing high density multi-
family development and to encourage additional development of this type where it is desirable.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 26 Multi-family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by CUP
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit
12a
Limited business
Unit 24 Home occupation
Unit 25 Professional offices
Unit 36 Wireless communications facilities
(C) Density.
Units per acre Forty (40) or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park 100 feet
Lot within a Manufactured
home park
50 feet
Single-family 30 feet
Two (2) family 30 feet
Three (3) family or more 70 feet
Professional offices 100 feet
(2) Lot Area Minimum.
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 12 of 28
Manufactured home park 3 acres
Lot within a mobile home
park
4,200 square feet
Townhouses: Individual lot 2,000 square feet
Single-family 2,500 square feet
Two (2) family 3,000 square feet
Three (3) family or more 7,000 square feet
Fraternity or Sorority 1 acre
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
Fraternity of Sorority 500 square feet per
resident
(E) Setback Requirements.
Front Side
Other
Uses
Side
Single &
Two (2)
Family
Rear
Other
Uses
Rear
Single
Family
A build-to zone that is
located between the
front property line and
a line 25 feet from the
front property line.
8 feet 5 feet 20 feet 5 feet
(F) Building Height Regulations.
Building Height Maximum 2 stories/3 stories/5
stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or
any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10—20 feet
from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of
the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum
height of 5 stories.
If a building exceeds the height of two (2) stories, the po rtion of the building that exceeds two (2) stories
shall have an additional setback from any side boundary line of an adjacent single family district. The amount
of additional setback for the portion of the building over two (2) stories shall be equal to the difference
between the total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 13 of 28
(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-
09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664,
2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No.
6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658,
§7(Exh. F), 5-2-23)
Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Suns et 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.
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 14 of 28
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Subject Property
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 15 of 28
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CUP-2025-0026 463 W. ILA ST
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Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 16 of 28
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Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 17 of 28
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k
A
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W Ila St
W T a y l o r St
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m
p
b
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l
l
A
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N
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h
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d
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W C l e b u r n S t
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F
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W Boles St
W Mount Nord St
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A
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W Maple St
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Subject Property
Short Term Rental, Type 2
STRs Within 1/4 Mile
CUP-2025-0026 463 W. ILA ST
N
0 400 800 1,200200
Feet
Type 2 STRs:
Occupiable
Residential
Addresses
(Estimated
Housing Units):
13
858
1:4,800
Within 1/4 Mile
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 18 of 28
Michael & Kayla Marsh
18 Abington Court
Little Rock, AR 72223
Conditional Use Permit Request Letter
Short term rental at 463 W Ila Street, Fayetteville, AR 72701
Total living area: 2,487 sq/ft
Off street parking: 3 parking spots
Hours of operation: all times; 24 hours x 7 days per week
Number of employees: 2 for Marsh Properties, LLC
Outdoor lighting: Yes
Noise: N/A
Screening from other properties: Yes, wooden fence in good repair
There will be no change to the property, as it will be a short-term rental property.
Survey of 463 W Ila Street
One Hundred Tventy-six (126) feet of equal and unifora wid th off
the North end of Lot Nuabered One (1) in Block Nunbered One (1)
of Wilson's First Addition to the City of Fayetteville, Arkansas, as pe r plat of said Addition. on file
in the office of the Circuit
7'Conc. Drive -
Block I
50
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 19 of 28
SURVEY DESCRIPTION
NOTE: This property does not lie in ZONE A/AE' (Special Fl0od
Hazard Areas inundated by 100 year fl ood) as deternined
froa the FIRM Map of Washington County, Arkansas, and
Incorporated Areas, Map Nuaber 05143C0092 C, effective date
Septeaber 18, 1991.
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 20 of 28
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 21 of 28
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 22 of 28
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 23 of 28
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
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Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 25 of 28
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 26 of 28
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 27 of 28
1
Frank, Wes
From:Planning Shared
Sent:Wednesday, June 18, 2025 8:23 AM
To:Frank, Wes
Subject:FW: Property 400block Ila St
For you
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
-----Original Message-----
From: Albert Baker <ambaker1954@gmail.com>
Sent: Tuesday, June 17, 2025 3:51 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Property 400block Ila St
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Please let this email serve as our opposition to the 2 houses in the 400 block of Ila Street being requested for Airbnb
zoning. There are already 3 or more short term rental properties within a half block from us and this neighborhood does
not need anymore Airbnb rentals.
Thank you
Jaber
632 N Vandeventer Ave
Sent from my iPhone
Planning Commission
July 14, 2025
CUP-2025-0026 (MARSH)
Page 28 of 28