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HomeMy WebLinkAbout2021-04-20 - Agendas - ArchiveCouncil Member Sonia Gutierrez Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting April 20, 2021 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on April 20, 2021 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions Agenda Additions: None A. Consent: Approval of the April 6, 2021 City Council meeting minutes. APPROVED 1. Officer Stephen Carr Memorial: A resolution to approve a sculpture commission agreement with Brodin Studios, Inc. in the amount of $51,483.55 for the Officer Stephen Carr Memorial bronze statue, to approve a cost share agreement with Fraternal Order of Police Lodge #10 with an amount not to exceed $35,000.00 to be paid by the City of Fayetteville toward the cost of the sculpture, and to approve a project contingency in the amount of $5,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 119-21 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2. Gulf Coast High Intensity Drug Trafficking Area (HIDTA): A resolution to approve a Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $66,108.00 for the Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 120-21 B. Unfinished Business: 1. Short -Term Rental Regulations: An ordinance to amend § 118.01 Applicability of Chapter 118 Business Registry and Licenses, Chapter 151 Definitions, Chapter 161 Zoning Regulations, § 162.01 Establishment/Listing of Chapter 162 Use Units, and Chapter 163 Use Conditions of the Unified Development Code to classify the types of Short -Term Rentals and create regulations to permit and inspect the rentals. This agenda item was tabled until the first meeting in 0112021. At the December 1, 2020 City Council meeting this item was tabled until the 0110512021 City Council meeting. At the January 5, 2021 City Council meeting this item was left on the second reading and tabled until the February 16, 2021 City Council meeting. At the February 18, 2021 City Council meeting this item was left on the second reading and tabled until the March 16, 2021 City Council meeting. This item was sent back to the Ordinance Review Committee. At the March 16, 2021 City Council meeting this item was tabled to the 0410612021 City Council meeting. This item is currently on the second reading. At the April 6th, 2021 City Council meeting this item was left on the Third Reading and Tabled for Two Weeks. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6427 2. RZN-2021-033 (797 S. Cherry Ln./A&B Enterprises, Inc.): An ordinance to rezone that property described in rezoning petition RZN 21-033 located at 797 West Cherry Lane for approximately 1.02 acres from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate -Urban. At the April 6th, 2021 City Council meeting this item was left on the First Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6428 3. VAC-2021-015 (215 S. Vale Ave./Rock Creek Holdings): An ordinance to approve VAC 21- 015 for property located at 2015 South Vale Avenue to vacate a portion of public right-of-way between South Razorback Road and South Vale Avenue, as well as a portion of a 10-foot wide alley right-of-way. At the April 6th, 2021 City Council meeting this item was left on the First Reading. THIS ORDINANCE FAILED C. New Business: 1. RPZD-2021-003: (2390 S. Dead Horse Mtn. Rd./Meadows at Stonebridge Sd): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 21-003 for approximately 51.33 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov acres located at 2390 South Dead Horse Mountain Road to allow the development of 168 residential lots and 1 mixed use lot. THIS ITEM WAS LEFT ON A FIRST READING 2. ADM-2021-028: (3275 N. Oakland Zion Rd./Piepenbrok): A resolution to amend the Master Street Plan by removing a section of a planned Neighborhood Link Connection along North Oakland Zion Road and upgrading a section of East Bridgewater Lane from a Residential Link Street to a Neighborhood Link Street. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 121-21 Announcements: City Council Agenda Session Presentations: None Adjournment: 10:00 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting: Al._.t 20, 2021 Adjourn: 119-21 Res. i /'71,17) 6427 Ord. Subject: Roll Bunch (W3P2) j Turk (W4P1) Hertzberg (W4P2) Gutierrez , (W1P1) Jones / (W1P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Bunch W3P2 Turk W4P1 Hertzberg W4P2 Gutierrez (W1P1) Jones (W1P2 Kinion (W2Pl Petty (W2P2) Scroggin (W3P1) Mayor Jordan City Council Meeting: Ap, W, 2021 Subject: Consent F Motion To: 0a, %(A�6t iV ' Motion By: Seconded: r'r�� �`0 A. 1 - A. 3 Bunch W3P2 V J 0 Turk W4P1 ll 1� Hertzberg W4P2 / Gutierrez (WI PI) V Jones W1P2 Kinion / W2P1 V Petty W2P2 Scroggin (W3P1 Mayor Jordan �-- C6-0 Subject: 1 _ c�)('f 6 l j Motion To: At9of0je Motion By: Seconded: A� ' Bunch W3P2 J Turk W4P1 Hertzberg W4P2 Gutierrez W1P1 Jones W1P2 Kinion J Petty (W2P2) Scroggin W3P1 Mayor Jordan �— Cc —6,) City Council Meeting: Ap. 20, 2021 Subject: SHORT-TERMRENTALRE ULATIONS: 202�0-1012 Motion To: ffitG� r C� `?' _ �; i Il© e i Y✓�►`'PG �Cc l Motion By: CA` Y_\ 1 Con a i Seconded: Bunch W3P2 J Unfinished Turk W4P1 / Hertzberg W4P2 Business Gutierrez e B.1 W1P1 Jones j / W1 Kinionon W2P1 Petty W2P2 \ Scroggin (W3P1 �\ Mayor Jordan �— r 0 NLa�C%t f `� -'-I Cam, �. s� x 0F0_s5 Subject: �hnr -_T rr"'I to-s ea tA,�o_ Motion To: �GbIP Fl,�•� -[p rG�ff [C.�f'U�} ��r�Q s� r� t ► `�,0! G5 a r oh, r6. Motion By: `U , ( 'r Seconded: j Q ���r Bunch W3P2 e rL / - ✓ Turk W4P1) Hertzberg W4P2 {f ✓ lrl Gutierrez W1P vAI Jones W Kinion 2P1 O�'�f� e r'l r rx Petty W2P2 / �/ Scroggin W3P1 VA 0 (� Mayor Jordan �— � % — l r_7 -�?- " -- City Council Meeting: Apri , 2021 Subject: f — � ,e ryvi Reilkaf I'iPr) � T.'0r1':: ! oZ0 L 0 I � { ray, t Motion To: r , 4w. r W-e n 00 L rt a bTJ ��' CIPt to �cOet:-Poft- Motion By: ur Seconded: �0 ( I �pfli��u Bunch �U L�', U CJ� \ �{^OQf�c✓ W ��C%fPw (W3P2) (;�� Hertzberg U� NCO (W4P2) Gutierrez (W1P1) Jones W1P2 o Kinion W2P1) Petty W2P2) 1� Scroggin (W3P1) l Mayor Jordan —� Ir of t;-,lT6i i b 6T-a I, I ed) Subject: skort-T-�Y �����®►I�; ac�a�-cv1� Motion To: �e(66by( tif-QW�Qf�i�ii o4e to f+oC vlo G �� A ill i too( Motion B y' c,ha t —_ w I x n �P t-7 V? Seconded: (A 4 0 rr�7i ►'l i y-� cv o-' ✓! t ;- _. Bunch W3P2 Turk (W4P1) / Hertzberg W4P2) ` Gutierrez ✓ (W1P1) / Jones ` (W1P2) Kinion (W2P1) Petty 2P2) AO V / V (W3P1in 3P1 Mayor Jordan �— ��- L-I -q ft7/'-i I-pd I eK--0 /' — L City Council Meeting: Ap► 0, 2021 Subject: RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.): 2021-0216 Motion To: ' ►' k.'J ad _I D v Motion By: l Seconded: Bunch .J (W3P2) Turk W4P1 Unfinished Hertzberg Business (W4P2 Gutierrez W1-P1 it E B.2 Jones 1 2. Kinion W2P1 / 1�� e Ylt S (� Petty / W2P2 V V �/ Scroggin W3Pl Mayor Jordan ------ Subject: Motion To: p�Gt A on k h _ b u wj F, i t .�ooro� M� Ir, Motion By: —Jt't Seconded: tv'p cep CUv'1 Ue ( Bunch W3P2 �1 � Turk W4P1 ✓ / V �/ Hertzberg (W4P2) �/ ✓ Gutierrez WlPI) `' ✓ Jones Kinion W2P] / ,/ Petty W2P2 Scroggin w3P1 ✓ �/ Mayor Jordan 5+ 50] City Council Meeting: Ap, A, 2021 Subject: VAC-2021-015 (215 S. VALE AVE./ROCK CREEK HOLDINGS): 2021- 0214 Motion To: %(J Motion By: 1 Seconded: Bunch (W3P2) /V �N 4— Unfinished Turk W4P1 J Hertzberg W4P2 Business Gutierrez W1P1. Vi B.3 Jones W 1 P2 Kinion W2P1) g _— t 01� ! ' Petty W2P2 J Scroggin W3P1 ✓ 1n Y �o Mayor Jordan �--0 b-0 2.—E—�>CFot1('0 -� Subject: Motion To: Motion By: Seconded: Bunch W3P2 Turk W4P1 Hertzberg (W4P2) Gutierrez WIPI Jones W Kinion W2Pl Petty W2P2 Scroggin W3P1 Mayor Jordan City Council Meeting: Ap► 0, 2021 Subject: RPZD-2021-003: (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD): 2021-0276 Motion To: Motion By: Seconded: Bunch (W3P2) Turk W4P1 Hertzberg New W4P2 Gutierrez Business W1P1 Jones C.1 Wlp2 L,4? Kin►on Petty W2P2) 0 Scroggin (W3P1) r- -- r� \ , Mayor Jordan Subject: Motion To: Motion By: Seconded: Bunch W3P2 Turk W4P1 Hertzberg W4P2 Gutierrez W1Pl Jones Kinion Petty (W2P2) Scroggin W3P1) Mayor Jordan City Council Meeting: Api 0, 2021 Subject: ADM-2021-028: (3275 N. OAKLAND ZION RD./PIEPENBROK): 2021- 0267 Motion To: Motion By: Seconded: �c co Gi Bunch (W3P2) Turk W4P1 Hertzberg New W P2 Gutierrez Business (W1P1 Jones C.2 Kinion_ Petty W2P2 Scroggin (W3P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Bunch W3P2 Turk W4P1 Hertzberg W4P2 Gutierrez W1Pl Jones (W1P2) Kinion Petty (W2P2 Scroggin (W3P1) Mayor Jordan City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701. (479) 5 75-8323 u City Council Tentative Agenda Tuesday,,APAI 13, 2021 , 4:30 PM ' City. Hall Room' 21:9 City Council Members Council Member Sonia Gutierrez Ward l 9 ' Council Member D'Andre Jones Ward l Council Member Mark Kinion Ward 2 Council Member Matthew Petty -Ward 2' Council Member Sloan Scroggin Ward 3 Council Member -Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member", Holly Hertzberg Ward 4 i Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda April 13, 2021 /Zoom Information: _ Webinar ID: 953 7264-8433 Public Registration link: h�ttps://zoom.us/webinar/register/WN_TO_UfxiTTxe7J7-Pu0JU7A /Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions /City Council Meeting Presentations, Reports and Discussion Items: /. 2021-0253 PRESENTATION OF THE MAYOR'S ENVIRONMENTAL STEWARDSHIP AWARD TO SELECTED AWARD RECIPIENTS. 2020-0974 MONTHLY FINANCIAL REPORT Agenda Additions V A. Consent: /A. 1 2020-0874 APPROVAL OF THE APRIL 6, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 2 Printed on 4/8/2021 J • City Council Agenda Session Tentative Agenda April 13, 2021 A.2 2021-0137 OFFICER STEPHEN CARR MEMORIAL: A RESOLUTIONTO APPROVE A SCULPTURE COMMISSION AGREEMENT WITH BROD-IN STUDIOS, INC. IN THE AMOUNT OF $51,483.55 FOR THE OFFICER _ STEPHENCARR MEMORIAL BRONZE STATUE, TO. APPROVE A COST SHARE AGREEMENT WITH,FRATERNAL ORDER OF POLICE LODGE #10 WITH AN AMOUNT NOT TO EXCEED $35,000.00 TO BE PAID BY THE CITY OF FAYETTEVILLE TOWARD. THE COST OF THE SCULPTURE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 d A.3 202170259 _ GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA): A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON COUNTY REGARDING FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $66,108.00 FOR THE 'POLICE DEPARTMENT Unfinished Business: )(B.1 2020-10.12 r' SHORT-TERM RENTAL REGULATIONS: AN ORDINANCE TO AMEND §118.01 APPLICABILITYOF CHAPTER 118 BUSINESS' REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING . REGULATIONS, § ,162.01 ESTABLISHMENTILISTING OF CHAPTER 162 USE UNITS, ` AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO , CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO ' PERMIT AND INSPECT THE RENTALS This agenda item was tabled until the first meeting in 0172021. At the December_l,,2020 City Council meeting this item was tabled until the 01/05/2021 City Council meeting. ` At the January 5, 2021 City Council meeting this -item was left on the second reading and tabled until the February 16, 2021 City Council meeting. City of Fayetteville, Arkansas Page 3 Printed on 4/8/2021 City Council Agenda Session Tentative Agenda April 13, 2021 At the February 18, 2021 City Council meeting this item was left on the second reading and tabled until the March 16, 2021 City Council meeting. This item was sent back to' the Ordinance Review Committee. At the March 16, 2021 City Council meeting this. item was tabled to the 04/06/2021 City "Council meeting. This item is currently on the second reading. At the April 6th, 2021 City Council meeting this item was left on the Third Reading and Tabled for Two Weeks. /13.2 2021-0216 RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN At the April 6th, 2021 City Council meeting this item was left on the First Reading. /B.3 2021-0214 VAC-2021-015 (215 S. VALE AVE./ROCK CREEK HOLDINGS): AN ORDINANCE TO APPROVE VAC 21-015 FOR PROPERTY LOCATED AT 2015 SOUTH VALE AVENUE TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY BETWEEN SOUTH RAZORBACK ROAD AND SOUTH VALE AVENUE, AS WELL AS A PORTION OF A 10-FOOT WIDE ALLEY RIGHT-OF-WAY / - At the April 6th, 2021 City Council meeting this item .was left on the First Reading. C. New Business: I/C.1 2021-0276 RPZD-2021-003: (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 21-003 FOR APPROXIMATELY 51.33 ACRES LOCATED AT 2390 SOUTH DEAD HORSE MOUNTAIN ROAD TO ALLOW THE DEVELOPMENT OF 168 RESIDENTIAL LOTS AND 1 MIXED USE LOT City of Fayetteville, Arkansas Page 4 Printed an 4812021 l City Council Agenda Session Tentative Agenda April 13, 2021 C.2 2021-0267 ADM-2021-028: (3275 N. OAKLAND ZION RD./PIEPENBROK): A RESOLUTION TO AMEND THE MASTER STREET PLAN BY REMOVING A SECTION OF A PLANNED NEIGHBORHOOD LINK CONNECTION ALONG NORTH OAKLAND ZION ROAD AND UPGRADING A SECTION OF EAST BRIDGEWATER LANE FROM A RESIDENTIAL LINK STREET TO A NEIGHBORHOOD LINK STREET D. City Council Agenda Session Presentations: r � E. City.Council Tour: F. Announcements: G. Adjournment i City of Fayetteville, Arkansas Page 5 Printed on 41812021 Pre -Agenda Meeting Notes 04/07/2021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, April 13, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member D'Andre Jones Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda April 13, 2021 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1 2021-0253 PRESENTATION OF THE MAYOR'S ENVIRONMENTAL STEWARDSHIP AWARD TO SELECTED AWARD RECIPIENTS. 2 2020-0974 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent: A.1 2020-0874 APPROVAL OF THE APRIL 6, 2021 CITY COUNCIL MEETING MINUTES A.2 2021-0259 GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA): A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON COUNTY REGARDING FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $66,108.00 FOR THE POLICE DEPARTMENT B. Unfinished Business: City of Fayetteville, Arkansas Page 2 Printed on 41612021 City Council Agenda Session Tentative Agenda April 13, 2021 B1 2020-1012 SHORT-TERM RENTAL REGULATIONS: AN ORDINANCE TO AMEND §118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS, AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO PERMIT AND INSPECT THE RENTALS This agenda item was tabled until the first meeting in 01/2021. At the December 1, 2020 City Council meeting this item was tabled until the 01/05/2021 City Council meeting. At the January 5, 2021 City Council meeting this item was left on the second reading and tabled until the February 16, 2021 City Council meeting. At the February 18, 2021 City Council meeting this item was left on the second reading and tabled until the March 16, 2021 City Council meeting. This item was sent back to the Ordinance Review Committee. At the March 16, 2021 City Council meeting this item was tabled to the 04/06/2021 City Council meeting. This item is currently on the second reading. At the April 6th, 2021 City Council meeting this item was left on the Third Reading and Tabled for Two Weeks. B.2 2021-0216 RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN At the April 6th, 2021 City Council meeting this item was left on the First Reading. City of Fayetteville, Arkansas Page 3 Printed on 41612021 City Council Agenda Session Tentative Agenda April 13, 2021 B.3 2021-0214 VAC-2021-015 (215 S. VALE AVE./ROCK CREEK HOLDINGS): AN ORDINANCE TO APPROVE VAC 21-015 FOR PROPERTY LOCATED AT 2015 SOUTH VALE AVENUE TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY BETWEEN SOUTH RAZORBACK ROAD AND SOUTH VALE AVENUE, AS WELL AS A PORTION OF A 10-FOOT WIDE ALLEY RIGHT-OF-WAY At the April 6th, 2021 City Council meeting this item was left on the First Reading. C. New Business: C.1 2021-0137 Move & add as second item under Consent Agenda OFFICER STEPHEN CARR MEMORIAL ARTWORK: A RESOLUTION TO APPROVE A SCULPTURE COMMISSION AGREEMENT WITH BRODIN STUDIOS, INC. IN THE AMOUNT OF $51,483.55 FOR THE OFFICER STEPHEN CARR MEMORIAL BRONZE STATUE, TO APPROVE A COST SHARE AGREEMENT WITH FRATERNAL ORDER OF POLICE LODGE #10 WITH AN AMOUNT NOT TO EXCEED $35,000.00 TO BE PAID BY THE CITY OF FAYETTEVILLE TOWARD THE COST OF THE SCULPTURE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 C.2 2021-0276 RPZD-2021-003: (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 21-003 FOR APPROXIMATELY 51.33 ACRES LOCATED AT 2390 SOUTH DEAD HORSE MOUNTAIN ROAD TO ALLOW THE DEVELOPMENT OF 168 RESIDENTIAL LOTS AND 1 MIXED USE LOT City of Fayetteville, Arkansas Page 4 Printed on 41612021 City Council Agenda Session Tentative Agenda April 13, 2021 C.3 2021-0267 ADM-2021-028: (3275 N. OAKLAND ZION RD./PIEPENBROK): A RESOLUTION TO AMEND THE MASTER STREET PLAN BY REMOVING A SECTION OF A PLANNED NEIGHBORHOOD LINK CONNECTION ALONG NORTH OAKLAND ZION ROAD AND UPGRADING A SECTION OF EAST BRIDGEWATER LANE FROM A RESIDENTIAL LINK STREET TO A NEIGHBORHOOD LINK STREET D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 5 Printed on 41612021 Ll� DEPARTMENTAL CORRESPONDENCE OFFICE OF THE 0 CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan A„t,mntCity Attorney Jodi Batker THRU: Kara Paxton, City Clerk Paralegal FROM: Kit Williams, City Attorney DATE: April 21, 2021 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of April 20, 2021 A RESOLUTION TO APPROVE A SCULPTURE COMMISSION AGREEMENT WITH BRODIN STUDIOS, INC. IN THE AMOUNT OF $51,483.55 FOR THE OFFICER STEPHEN CARR MEMORIAL BRONZE STATUE, TO APPROVE A COST SHARE AGREEMENT WITH FRATERNAL ORDER OF POLICE LODGE #10 WITH AN AMOUNT NOT TO EXCEED $35,000.00 TO BE PAID BY THE CITY OF FAYETTEVILLE TOWARD THE COST OF THE SCULPTURE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 2. A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON COUNTY REGARDING FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $66,108.00 FOR THE POLICE DEPARTMENT AN ORDINANCE TO AMEND §118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS, AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO PERMIT AND INSPECT THE RENTALS 4. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 5. A RESOLUTION TO AMEND THE MASTER STREET PLAN BY REMOVING A SECTION OF A PLANNED NEIGHBORHOOD LINK CONNECTION ALONG NORTH OAKLAND ZION ROAD AND UPGRADING A SECTION OF EAST BRIDGEWATER LANE FROM A RESIDENTIAL LINK STREET TO A NEIGHBORHOOD LINK STREET City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, April 20, 2021 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Meeting Final Agenda April 20, 2021 Zoom Information: Public Registration Link: https://zoom.us/webinar/register[WN_7HLyaxGOQwaVpd4OT6P2dA Webinar ID: 969 3245 7546 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2021-0253 PRESENTATION OF THE MAYOR'S ENVIRONMENTAL STEWARDSHIP AWARD TO SELECTED AWARD RECIPIENTS. 2. 2020-0974 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent A.1 2020-0874 APPROVAL OF THE APRIL 6, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 2 Printed on 411512021 City Council Meeting Final Agenda April 20, 2021 A.2 2021-0137 OFFICER STEPHEN CARR MEMORIAL: A RESOLUTION TO APPROVE A SCULPTURE COMMISSION AGREEMENT WITH BRODIN STUDIOS, INC. IN THE AMOUNT OF $51,483.55 FOR THE OFFICER STEPHEN CARR MEMORIAL BRONZE STATUE, TO APPROVE A COST SHARE AGREEMENT WITH FRATERNAL ORDER OF POLICE LODGE #10 WITH AN AMOUNT NOT TO EXCEED $35,000.00 TO BE PAID BY THE CITY OF FAYETTEVILLE TOWARD THE COST OF THE SCULPTURE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 A.3 2021-0259 GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA): A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON COUNTY REGARDING FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $66,108.00 FOR THE POLICE DEPARTMENT B. Unfinished Business BA 2020-1012 SHORT-TERM RENTAL REGULATIONS: AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS, AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO PERMIT AND INSPECT THE RENTALS This agenda item was tabled until the first meeting in 01/2021. At the December 1, 2020 City Council meeting this item was tabled until the 01/05/2021 City Council meeting. At the January 5, 2021 City Council meeting this item was left on the second reading and tabled until the February 16, 2021 City Council meeting. City of Fayetteville, Arkansas Page 3 Printed on 411512021 City Council Meeting Final Agenda April 20, 2021 At the February 18, 2021 City Council meeting this item was left on the second reading and tabled until the March 16, 2021 City Council meeting. This item was sent back to the Ordinance Review Committee. At the March 16, 2021 City Council meeting this item was tabled to the 04/06/2021 City Council meeting. This item is currently on the second reading. At the April 6th, 2021 City Council meeting this item was left on the Third Reading and Tabled for Two Weeks. B.2 2021-0216 RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN At the April 6th, 2021 City Council meeting this item was left on the First Reading. B.3 2021-0214 VAC-2021-015 (215 S. VALE AVE./ROCK CREEK HOLDINGS): AN ORDINANCE TO APPROVE VAC 21-015 FOR PROPERTY LOCATED AT 2015 SOUTH VALE AVENUE TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY BETWEEN SOUTH RAZORBACK ROAD AND SOUTH VALE AVENUE, AS WELL AS A PORTION OF A 10-FOOT WIDE ALLEY RIGHT-OF-WAY At the April 6th, 2021 City Council meeting this item was left on the First Reading. C. New Business CA 2021-0276 RPZD-2021-003: (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 21-003 FOR APPROXIMATELY 51.33 ACRES LOCATED AT 2390 SOUTH DEAD HORSE MOUNTAIN ROAD TO ALLOW THE DEVELOPMENT OF 168 RESIDENTIAL LOTS AND 1 MIXED USE LOT City of Fayetteville, Arkansas Page 4 Printed on 411512021 City Council Meeting Final Agenda April 20, 2021 C.2 2021-0267 ADM-2021-028: (3275 N. OAKLAND ZION RD./PIEPENBROK): A RESOLUTION TO AMEND THE MASTER STREET PLAN BY REMOVING A SECTION OF A PLANNED NEIGHBORHOOD LINK CONNECTION ALONG NORTH OAKLAND ZION ROAD AND UPGRADING A SECTION OF EAST BRIDGEWATER LANE FROM A RESIDENTIAL LINK STREET TO A NEIGHBORHOOD LINK STREET D. City Council Agenda Session Presentations E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 5 Printed on 411512021 City Council Meeting Final Agenda April 20, 2021 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff s presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall City of Fayetteville, Arkansas Page 6 Printed on 411512021 City Council Meeting Final Agenda April 20, 2021 leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 7 Printed on 411512021 Council Member Sonia Gutierrez Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting April 20, 2021 City Council Meeting Minutes April 20, 2021 Page 1 of 33 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on April 20, 2021 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. In order to create social distancing due to the Coronavirus, COVID-19 pandemic, Council Members Sonia Gutierrez, Mark Kinion, Matthew Petty, Sarah Bunch, and Teresa Turk joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, Council Member D'Andre Jones, Council Member Sloan Scroggin, Council Member Holly Hertzberg, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, Deputy Chief of Police Jamie Fields, Fire Chief Brad Hardin, staff members from the IT Department, and members of the press were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan: We have Council Members, city staff, and the public participating in this meeting, virtually and in -person. Participation remains of the upmost importance to the City of Fayetteville. We have provided many ways to participate in the meeting, which includes joining in -person at City Hall, joining virtually through Zoom, viewing through Fayetteville's government channel online or the city's YouTube channel. If you are joining through Zoom, you must raise your virtual hand to request to speak during the public comment period. You can do this by clicking the raised hand option in Zoom online or by pressing *9 on your phone. When it's your turn to speak, please 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 2 of 33 unmute your microphone. For instructions on how to use Zoom, please go to the City of Fayetteville website and type Zoom instructions in the search bar. If you're attending the meeting in -person, you must sign up to speak by completing a public comment form. Forms can be found on the table outside of Chambers. I will take public comments from virtual attendees first, in order to give in -person attendees enough time to line up to speak. Public comments will be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they may wish to address being open for public comment. Each speaker has one turn to speak. Each speaker is allowed five minutes to be broken into segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both a speaker additional time and an unsigned up person to speak, by unanimous consent or majority vote. City Council Meeting Presentations, Reports, and Discussion Items: Presentation of the Mayor's Environmental Stewardship Award to Selected Award Recipients Mayor Jordan: This week is earth week and April 22, 2021 is the 5 1 " celebration of Earth Day. In honor of Earth Day, the Fayetteville Environmental Action Committee has developed the inaugural Environmental Stewardship Award Program. This award recognizes excellence in environmental stewardship demonstrated through sustainable practices, programs or projects undertaken by Fayetteville community members, nonprofits, businesses and educators. The Environmental Action Committee received nine applications and were impressed by the quality and diversity of the entities and individuals that were nominated. This made the selection process very difficult. Each of the three winners will receive a trophy. In the spirit of Earth Day and sustainability, the three trophies are old trophies that have been recycled for this new award. The only thing new on each trophy is the new plaque, which we have engraved with the name of the award winner. Susan Norton, Chief of Staff presented the trophies to the three award winners. She thanked the individuals, businesses and industries that embrace and accelerate sustainable practices and environmental stewardship. She stated our community is made more resilient by individuals and organizations that institute sustainable practices, set high standards, and lead by example. She thanked the Environmental Action Committee for developing the award. The 2021 Environmental Stewardship Award for an individual was presented to Pattie Erwin. The 2021 Environmental Stewardship Award for business was presented to Pack Rat. The 2021 Environmental Stewardship Award for Industry was presented to Arkansas Myriad. Mayor Jordan: Congratulations to all the award winners. Thank you all very much. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 3 of 33 Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated sales tax was up very strong for January and February. He stated sales tax was up 11.8%, compared to budget. He stated he budgeted for the city to have a slight decline this year, which happily hasn't happened. He stated the total revenue for the General Fund was up 5% compared to budget because of the strong showing of sales tax and was driven primarily by internet sales. He stated the Street Fund was up about 5% compared to the budget. He stated Parking revenue was down about 26% for the period compared to budget, however when we constructed the budget for this year for the Parking Fund, we reduced capital expenditures. He stated we are in line with expenses and down about 1 % of expenses over revenue at this point in time. He stated HMR taxes are down 14% compared to last year, however they're up 13% over budget. He stated Water and Sewer is up about 2%. He stated Recycling and Trash is 10% down below budget. He stated the Airport fuel sales are 60% of budget. Agenda Additions: None Consent: Council Member Gutierrez requested for A.3, Gulf Coast High Intensity Drug Trafficking Area (HIDTA) to be pulled from the Consent Agenda. She stated a citizen requested to speak on the topic. Approval of the April 6, 2021 City Council meeting minutes. APPROVED Officer Stephen Carr Memorial: A resolution to approve a sculpture commission agreement with Brodin Studios, Inc. in the amount of $51,483.55 for the Officer Stephen Carr Memorial bronze statue, to approve a cost share agreement with Fraternal Order of Police Lodge #10 with an amount not to exceed $35,000.00 to be paid by the City of Fayetteville toward the cost of the sculpture, and to approve a project contingency in the amount of $5,000.00. Resolution 119-21 as recorded in the office of the City Clerk Gulf Coast High Intensity Drug Trafficking Area (HIDTA): A resolution to approve a Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $66,108.00 for the Police Department. This resolution was pulled from the Consent Agenda for discussion. Council Member Scroggin moved to accept the Consent Agenda as read. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 4 of 33 Gulf Coast High Intensity Drug Trafficking Area (HIDTA): A resolution to approve a Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $66,108.00 for the Police Department. Council Member Gutierrez stated she received communication from Sarah Moore requesting the topic to be removed from Consent for discussion. Sarah Moore, Ward 2 citizen spoke briefly about the resolution. She spoke about metrics. She spoke about recidivism. Mike Reynolds, Chief of Police gave a brief description of the resolution. He gave a historical synopsis about the Drug Task Force, funding, and the JAG Grants. He stated Washington County is the fiduciary. He stated this is a grant with the allocation being for overtime expenditures, purchase of evidence, and purchase of information. He spoke about the the main focus being the disruption of drug trafficking organizations. He gave an overview of metrics and a drug threat assessment. He spoke about treatment and prevention programs. Council Member Gutierrez stated we have a new person on the team that is working on the social side with the Fayetteville Police with our social worker. She stated she wondered how there might be opportunities for that person to be part of helping with the prevention. Mike Reynolds, Chief of Police stated part of the social work internship program is embedding our social worker into primary response and we are moving in that direction. He stated our intern worked with the Drug Task Force detectives. He stated they encountered an individual that was battling substance and mental illness issues and they were able to work together to get that individual into the crisis stabilization unit. He spoke about collecting data over the next year to bring back to Council. Council Member Jones: Besides the Police Department, there are other nonprofits who can apply for these grants as it relates to prevention. Is anybody having a conversation with these other nonprofits about applying for these grants or is the burden being placed on the Police Department? It sounds like your Social Worker is doing a lot of other things. I know there are several nonprofits who would be willing to apply for those grants to help the Police Department and to help Fayetteville. Mike Reynolds, Chief of Police stated he would be happy to work with those partnerships. He stated we are just one prong of this issue, which is the enforcement arm of it. He stated we can't arrest our way out of this problem alone. He stated that doesn't mean we need to do away with the Drug Task Force and enforcement, but we need to partner with our community in treatment and prevention. He encouraged citizens and organizations to reach out with help in applying for grants for treatment and prevention. Council Member Jones: I would like to see if we could have a community conversation as it relates to collaboration in getting some of these nonprofits to partner with the Police Department. We have several organizations in Fayetteville and Northwest Arkansas who would be willing to partner with you. I'm hoping we can disseminate that information as it relates to the grant, so they 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 5 of 33 can be involved in the conversation and work with you, so that burden won't be placed on the Police Department. Mike Reynolds, Chief of Police Thank you. I often worry about having the capacity to deal with all of that. Right now, we're just trying to keep our heads above water. I would certainly embrace anybody that wants to partner with us in any way. Council Member Jones: We appreciate your openness to do that. You are right in that we can't arrest ourselves out of this problem. We have to look at it from a community perspective. We have many nonprofits who would be more than willing to support you and to work with you. Council Member Hertzberg moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 120-21 as recorded in the office of the City Clerk Unfinished Business: Short -Term Rental Regulations: An ordinance to amend § 118.01 Applicability of Chapter 118 Business Registry and Licenses, Chapter 151 Definitions, Chapter 161 Zoning Regulations, § 162.01 Establishment/Listing of Chapter 162 Use Units, and Chapter 163 Use Conditions of the Unified Development Code to classify the types of Short -Term Rentals and create regulations to permit and inspect the rentals. This agenda item was tabled until the first meeting in 0112021. At the December 1, 2020 City Council meeting this item was tabled until the 0110512021 City Council meeting. At the January 5, 2021 City Council meeting this item was left on the second reading and tabled until the February 16, 2021 City Council meeting. At the February 18, 2021 City Council meeting this item was left on the second reading and tabled until the March 16, 2021 City Council meeting. This item was sent back to the Ordinance Review Committee. At the March 16, 2021 City Council meeting this item was tabled to the 0410612021 City Council meeting. This item is currently on the second reading. At the April 6th, 2021 City Council meeting this item was left on the Third Reading and Tabled for Two Weeks. Mary McGetrick, Long Range Planning & Special Projects Manager gave a brief description of the ordinance. She stated staff proposes amending the ordinance to strike the requirement for proof of operation for the past three years, allowing for a more level playing field for all operators and potential operators. She stated staff was requested to research various ways to ensure a Type 1 owner is present for the majority of the year should problems arise with guests. She stated the following are the most common ways and best practices to ensure regular residency as found in various peer city code. She stated 180 days, which is the amount of time you must live in Arkansas to be considered a permanent resident and a number of municipalities used some form of this to determine the length of time a Type 1 operator would be required to be present in their home. She stated municipalities such as Kansas City use 270 days, which the time limit equates to roughly nine months requiring the owner to be living in the unit for the majority of the year. She stated this appears to be the standard for Type 1 or owner occupied units across various municipalities. She stated the ordinance currently requires the homestead exemption or copy of a long term lease for 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 6 of 33 Type 1 rentals, but we may consider adding two or more of the following, which are motor vehicle registration, driver's license, Arkansas state identification card, voter registration, tax documents or utility bill. The City Council received one public comment regarding this ordinance. Council Member Scroggin: Is the draft that Mary talked about, is that technically what's in front of us now or do we need to make some motions? Mary McGetrick: We would need to make an amendment in regard to the six month grace period. That language, we can provide to you as needed. It would be the updated language presented in the presentation as prepared by the City Attorney. City Attorney Kit Williams requested for Mary to pull up her presentation to make sure the proposed amendment is written correctly. Mary McGetrick stated she recommends the language provided by City Attorney Williams. She stated he clarified some portions of it. City Attorney Kit Williams: We talked about this grace period in two different parts of the code. Is that right? Mary McGetrick: Correct. We would need to amend it in two different places in the code. City Attorney Kit Williams read the proposed amended ordinance. Council Member Gutierrez: Did this help to address and clarify the fairness of what you were saying? Would it make sure people who are doing these Short Term Rentals are different from people who are doing Long Term Rentals? City Attorney Kit Williams: This would grant to any person, whether you've been operating a Short Term Rental or not, the opportunity to get a free Conditional Use and then apply for a business permit. You would have to go through the inspections just as normal. You won't have to pay the $100. You won't have to go to the Planning Commission. You will automatically get that awarded by this subsection. The downside of this is that no neighbors will ever get a chance to object to any Conditional Use being granted because the City Council is granting Conditional Use themselves. We don't know how many people might want to do that and we have a potential limit on the number of Short Term Rental, Type 2 permits to be allowed. Potentially, it could even exceed that amount, probably not, but those are the downsides. The upside is that we are no longer favoring the illegal operators over citizens who did not break the law. Council Member Turk: It goes a long way to equalizing things out, by not having preferential treatment to illegal activity or unregulated activity within the city. On the other hand, we need to beef up and have a more robust complaint system than we have. Staff should be prepared to address those kinds of complaints once we implement these regulations. We are short circuiting the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 7 of 33 neighbors that have had issues with unregulated Short Term Rentals. We need to provide an easy pathway for them if they have future complaints or concerns to have those addressed. Susan Norton, Chief of Staff: Mary and Jonathan addressed that last time. It's been discussed. Mary McGetrick: I can add a little bit of language. Typical nuisance complaints would be handled by the Police Department. Currently, that is how we operate. On the weekends these nuisance complaints might include loud music, large parties or illegally parked cars. All of those types of complaints are handled by the PD. However, staff wouldn't rely on the PD to enforce this ordinance. We would use their reports, in order to enforce the ordinance. Mike Reynolds, Chief of Police: We commonly respond to those types of quality of life issues. We enforce noise type violations and don't have a problem with that. We can take reports on these kinds of violations and forward those to Code Compliance, as well. Mayor Jordan: I want it clear that the Police Department is only doing code enforcement when it is loud noises and when stuff is going on that's not legal. Mike Reynolds, Chief of Police: That is correct. Council Member Turk: I want to paint a scenario I've heard about that occurred. There's a party at a Short Term Rental and it's New Year's Eve. There are 300 cars blocking traffic and there are noise problems and drunk people all over the place. Glass is being thrown in the road. You all are extremely busy because that's a holiday. Do you have the capacity to be able to handle such an event and how would that work with code enforcement when New Year's Eve is on a Saturday? I want to make sure we don't have any gaps and you have the capacity with city staff and the Police force to be able to deal with these kinds of activities. Mike Reynolds, Chief of Police: The scenario you gave is a very difficult scenario, with it being New Year's Eve. Certainly, we would be busy, so the types of calls you are referring to is what I refer to as a Priority 3 call. That's the lowest level call that we respond to as law enforcement. It depends on how busy we are handling higher priority calls. Parking violations are something we are regularly responding too. We are not very familiar with over occupancy rates and something we don't respond to on a regular basis. It's usually those types of violations that are co -mingled into the type of violation you are talking about with Short Term Rentals. Council Member Turk: Would a report be filed and that would be handed off to city staff? I'm trying to find the mechanics because the Short Term Rentals operating illegally, the Police force when this occurred, was not able to do anything about it. Once we make them legal, I'd like to make sure I understand how the whole process will work. Mike Reynolds, Chief of Police: If that was something we respond to after hours, then we would take a report on that. It would be an informational report on over occupancy and then Code could get that report the following business day and follow up on it. We would not take an enforcement action on something like a code violation. Our stance would be going out and taking a report as time is allocated for officers to do that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 8 of 33 Council Member Turk: In that situation, you would not be able to stop the party or disband it? Mike Reynolds, Chief of Police: If it's based upon over occupancy, I don't think we would be able to intervene with the current legislation the way it's written. If it's a loud party and falls under the noise ordinance and a host issue, there's very different statutes and ordinances that apply to that situation. You are just merely asking me about over occupancy on what we're talking about here tonight on an Airbnb, Short Term Rental, we would not be able to take enforcement action. Council Member Turk: If there were parking situations and bottles being thrown, you would be able to do something about that and you would include it in your report? Mike Reynolds, Chief of Police: Absolutely. Anything ancillary that's a violation and Police would normally handle, we would be able to take immediate enforcement action on something like that. Council Member Scroggin moved to amend the ordinance to add language in two sections of code as presented by City Attorney Kit Williams. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Council Member Turk stated she looked into the regulations because she has several long term properties. She stated a lot of residents are very concerned about the occupancy limits that we have in place. She stated she has a Short Term Rental and wants to make sure Council gets this right. She gave a brief summary to clarify and identify several provisions. She stated she is open to sending this back to the Ordinance Review Committee. She stated when she looked in the code, she found a lot of inconsistencies. In Section 118.01, item C, this prohibits minors from being required to have a business license for a Short Term Rental. She stated she thought the intention was to prohibit minors from engaging in Short Term Rentals because as it's written right now, a minor could be engaged in a Short Term Rental if they are a renter. She stated we should change some of the language to make clear what the intent is. Mary McGetrick: I agree. Most of the platforms require that you be 18 years of age to rent, but not everyone rents through a platform. We have the business license requirement that prevents minors from holding a business license. There could potentially be a situation in which a minor could possibly rent a Short Term Rental. If we want to add that, staff could support an amendment adding that language. Council Member Kinion: I'm glad Council Member Turk pointed that out and it could be a concern. Council Member Bunch: I agree we don't want minors subletting their apartments for Short Term Rentals. However, that subletting ability is in a contract between the landlord and the minor. I'm concerned how the city can enforce or jump in on somebody's private business in this way. I don't see how we could enforce that. In my leases, no one can sublet anything. Council Member Turk: I thought about that too, but we have a very loose language that is not making it clear that the landlord needs to get a business license. They need to have all of these 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 9 of 33 different things if they allow their lessee to sublet. It's very open ended. If I allowed subletting in one of my Long Term Rentals, I would not have any guidance in how to follow City Code because it's not clear. We don't have a requirement that the business owner or the landlord allow it sublease in the language to the renter. Council Member Bunch: I don't see any problem with putting some extra language in here dealing with minors, but when you're talking about the language that allows someone to sublet, then you're getting into the city enforcing someone's private business contract. I don't know that's the role of the city. I don't see this as being the straw that broke the camel's back on the Short Term Rental. We put in the time and focus groups to come up with the best possible ordinance to begin with. If we found this was a challenge, later on, we could tighten it up even more. Council Member Turk: I suggest we tighten the minor part up. I agree with you about not getting into the business of reviewing leases and making sure that a sublease is included. Right now, we don't have an insurance requirement for the landlord. If they're going to allow subleasing and their renter can sublease that out, there's no insurance requirements and it needs to be very clear about what they need to have. The owner is going to have to have a business license. They're going to have to allow a safety inspection. They're going to have to have insurance. They may not know their renter is engaging in a Short Term Rental. Mary McGetrick: Currently in our business license, Section 118.01 C, minors cannot hold a business license. I'm not sure that is where we would want to put the prohibition of minors operating Short Term Rentals. If we want to add that as an amendment, we may need to add it somewhere else in the ordinance. If a long term lease holder wants to operate a Short Term Rental, they are required in the ordinance as it's written, to provide a copy of their long term lease. They would be responsible for holding the business license, getting the inspection and providing the insurance. If they couldn't do that, then they would not be able to obtain a license. We require that lease, but we also can't enforce a contract between two private parties. Council Member Turk: You would require the tenant to show you the long term lease that they have with the owner. The owner would still be required to carry the insurance, have the business license, and have the safety inspection? Mary McGetrick: No. The leaseholder would be responsible for that. That's how it is written now. Council Member Turk: I don't think that is a very good idea. They don't own the place and it is a gap that we need to discuss. Mary McGetrick: The insurance requirement overall is in the ordinance that you have. If you are a long term lease holder, you can get renters insurance and then you can get a rider on that to do Short Term Rentals. You can get that as part of your renter's insurance, but it would have to be approved by your lease. Council Member Turk: As part of that bundle, maybe it could be a joint requirement with the landlord and the long term lease holder, so that all the parties are on board about this. I have a hard 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 10 of 33 time seeing how this would work. As a landlord, I don't allow subletting and maybe others do, but you want to make sure everybody's informed. I don't know if the Council would entertain requiring both the landlord and the long term lease holder to have the business license. Council Member Bunch: To have it jointly? Council Member Turk: Have it jointly. Let's say the long term lease holder has lots of parties and problems, they're going to have compliance issues. Do you want to hold the long term leaseholder responsible, or do you want to have the landlord be responsible for that? It's their property. The renter could move to another area of town, set up a situation over there, and then there's no accountability in residential areas. Council Member Petty: It sounds like in the scenario you just described, that the long term lease holder is the problem. If they're going to pick up and move to another end of town, we need the business license to follow them, so enforcement actions can follow them. This feels like an edge case that we're not going to see very often, especially the minors, but also tenants, who are subletting. If that's going on right now, they're going to be a lot less likely after the ordinance passes to try and do an unapproved sublet than they might be today because they will have to file documentation with someone. This is unlikely to happen. If it does happen, it seems like the ordinance is capable of handling it. Council Member Turk: How are you going to be able to collect taxes on this? This is a big loophole that we don't need. If it's not used very much, why don't we close this loophole. Mary, have you found this kind of provision very common in other cities? Mary McGetrick: For the most part they allow subleases, especially in some of the peer cities where there are college towns. They did require the long term leaseholder to provide the lease. I don't know how much we could enforce that, but if it was clear in providing the lease that subletting was not allowed, then we could not issue a business license. I researched maybe 30 cities, and I saw it in about a little over half with these types of provisions. Council Member Gutierrez: I'm glad you brought up the college cities. Let's say the landlord is open to subletting. They know they are doing Short Term Rentals and the student may be out doing a summer study abroad. They do a Short Term Rental through their time they are gone and then they come back in August. If the landlord is okay with that, which I don't know very many that are good with subletting, hopefully, they would figure that out with their landlord. If they are okay with that, then it's good for the person who's subletting to be fully responsible with the business license. If they do something wrong, they are at risk of losing their opportunity to do Short Term Rentals. Council Member Bunch stated what Council Member Gutierrez described might not have been a Short Term Rental. She stated if it's longer than 30 days or more, then it's just a regular rental. She spoke about professors going on sabbaticals. She stated she has no problem with putting some language in, since we are a college town. She stated she doesn't see this as being a giant problem of subletting Short Term Rentals. She stated if there are problems, it's probably going to be something else that's the problem, such as the actual renter. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 11 of 33 Council Member Hertzberg: If we were to add language, regarding minors, would we have an exception for emancipated minors? Council Member Turk: I would be open to that. Council Member Petty: Are there any motions to be considered? We've discussed this at least three full Council meetings, two Ordinance Review Committee meetings, and so far, we've had consensus to move forward on the basis that we have a grace period and a review with potential amendments in the future. I understand some Council Members may have lingering concerns, but without a motion with specific language to be considered, it seems like we are spinning our wheels. Council Member Turk: I'm happy to make a motion to table this for two weeks, so we can have some proposed language to come back with in two weeks that is very specific, not just about the minor issue, but about a couple of these other ones. I was hoping we would discuss those and move us forward. I've got several other ones that are important and would like to discuss them openly and with the public. Do you want me to make a motion or can we continue the discussion? Mayor Jordan: If you're looking at some stuff to bring forward, make a motion and get a second. Then we can vote it up or we vote it down and then go on to the next one. Council Member Scroggin stated he would like to vote immediately. Council Member Hertzberg stated she would second the motion. City Attorney Kit Williams: This is one of the most privileged motions and according to the Municipal Leagues requirements, it says a motion to vote immediately is a motion to close debate, shut off subsidiary motion and take a vote at once. The motion to vote immediately is that you can't interrupt the speaker. I don't think a speaker was interrupted, but that would be up to the Mayor to decide. It requires a second. It's not amendable and requires a two thirds majority, which is six affirmative votes to pass. Once it's been done and seconded, we go straight to the vote. It is not debatable. Council Member Petty: This is a vote, to vote, not a vote on the ordinance. Correct? Mayor Jordan: It's a vote on the ordinance. Is that correct? City Attorney Kit Williams: Yes. It would be to vote for the ordinance, either up or down. Mayor Jordan: It takes six votes. If that vote fails, where do we go from there? City Attorney Kit Williams: Then we are right back at it again. Council Member Scroggin made a motion to vote immediately. Council Member Hertzberg seconded the motion. Upon roll call the motion failed 4-4. Council Members Bunch, Hertzberg, Petty, and Scroggin voting yes. Council Members Turk, Gutierrez, Jones, and Kinion voting no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 12 of 33 City Attorney Kit Williams: That fails, and we are right back where we were. Council Member Turk spoke about tabling the item for two weeks to look at some of the questions she has and to receive more clarity. She spoke about having Mary McGetrick draft some different language for her concerns. Mayor Jordan: The Ordinance Review has had it twice and we have your recommendations. Council Member Kinion: Out of respect to Council Member Turk and the concerns she's received and researched, I want to table it to the next City Council meeting. I'm sorry if it seems like we've drug it on and on, but that's no excuse not to have a better piece of legislation. Mayor Jordan: If we table it, I need some kind of pathway for Mary. Council Member Turk, you sent us a document with about 16 items. Do you want Mary to try and incorporate all of them? Council Member Turk: Many of them are just trying to clarify the language. They weren't all issues. There were many that were clarifying the language quite a bit. I would love to address each one of them with Council Members. It seems that was not what Council wanted. I can work with Mary on these or we can discuss other ones that are in the list. It would be important to have Council input. Council Member Bunch stated when she read over the items, a lot of them are covered in other parts of our code. She stated if we want to have a discussion, we need to have the discussion now, so we know what we're talking about. She stated she does not feel comfortable sending this list with Mary and asking her to craft something that she may not agree with. Mayor Jordan stated he would rather have the discussion out in public and get it over with and then try to have Mary go back and craft something. Council Member Turk: I'm happy to carry on with the discussion. Mayor Jordan spoke about Council Member Turk making amendments if she so desired. Council Member Turk moved to table the ordinance until the May 4, 2021 City Council meeting. Council Member Kinion seconded the motion and then withdrew his second. Council Member Turk: In Section 118.01 (C), Mary said she would work on some language for that. Do I need to have a motion to request Mary to work on some language? I think she understood what the intent was. Susan Norton, Chief of Staff. The more guidance we can give Mary with language, the better off we all will be. Council Member Turk moved to amend Section 118.01 (C) to redraft language that clarifies minors are prohibited from leasing, advertising, managing, or any other activity involved in Short Term Rentals, unless they are an emancipated minor. Council Member Gutierrez 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 13 of 33 seconded the motion. Upon roll call the motion passed 6-1. Council Members Bunch, Turk, Hertzberg, Gutierrez, Jones and Petty voting yes. Council Member Scroggin voting no. Council Member Vinion was absent during the vote. Council Member Turk: In Section 118.01 (E), I recommend we define room better. We need to define bedroom. Our occupancy limits on Short Term Rentals references bedroom. We need a clear definition of what a bedroom is, and that definition can come from the Fire Department or some other kind of real estate defined bedroom. Mary McGetrick: Currently, as it's written, a room is an enclosed portion of a building designed or intended to be used principally for sleeping purposes. We don't have a definition of bedroom anywhere in our code. We rely on the IBC and the International Fire Code as adopted by the State of Arkansas to provide the definition for us. If we added a definition of bedroom, following either IBC or Fire Code, it would need to apply to the entire development code. It would make sense if we're defining bedroom specifically, it would not necessarily be specific to this section of code. There are a number of things the building code requires. Jonathan Curth, Development Services Director: There's a lot to be said for deferring to codes that are adopted on a State level. When those codes change, we don't have to go back into our ordinances and find every instance where they already occur. We have found that to be an effective way of making sure our code stays up to date, without having to do an amendment every single time. Mayor Jordan: Does the State define what a bedroom is? Jonathan Curth: The State of Arkansas adopts the International Building Code on a semi yearly basis. It's not always the most current one and from there that's where our building codes are established. Every time the State of Arkansas adopts a new one, the City of Fayetteville can adopt it with the potential for amendments that are a higher level of scrutiny or higher requirement. Mary has the information in front of her. Mary McGetrick stated the information about what constitutes a bedroom was about two and a half pages long. There was a brief discussion about amending the definition of "room" to "bedroom." Council Member Turk moved to amend the definition of "room" to "bedroom" in Section 118.01(E). Council Member Gutierrez seconded the motion. Upon roll call the motion passed 5-2. Council Members Bunch, Turk, Gutierrez, Jones, and Petty voting yes. Council Members Hertzberg and Scroggin voting no. Council Member Vinion was absent during the vote. Council Member Turk: In Section 118.01(E)(5). This provision requires the platform, such as Airbnb or Vrbo to not allow Short Term Rentals to advertise. I don't see how we can enforce that. I have received several emails from those groups, saying that won't work for them. I want to strike that requirement requiring platforms to make sure that STR's are adequately licensed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 14 of 33 Council Member Bunch: Mary is that something covered in some of the other cities we looked at? Is this common language in a city ordinance? Mary McGetrick: I have not seen it in that many ordinances. It was based on best practice in our research into that. The more I've researched, especially ordinances that have been passed recently, I haven't seen something like that included. Enforcement may be difficult for something like that. Mayor Jordan: You want to strike 118.01(E)(5). Is that correct? Council Member Turk: Yes. Council Member Gutierrez stated she was not completely clear about Section 118.01(E)(5). Mary McGetrick gave a brief description of Section 118.01(E)(5). Council Member Turk: I suggested striking and deleting that provision. I don't think we can enforce that. Council Member Gutierrez: Mary, do you think striking it is okay or do you want to rewrite it? Mary McGetrick: If we are wanting to deal with it, either keeping it or striking it is probably the best way. I don't think there's a way we can rewrite it that would change the intent or make it more enforceable. Council Member Petty: I want to be able to support this one. I don't believe the claims of the Short Term Rental booking companies. We heard the same things about how they could never collect the taxes they are required to collect and have always been required to collect, but when we stuck to our guns, we were able to get agreements to get them to start collecting. Implementing a simple document upload check is something they already do for copies of driver's licenses, insurance riders, and it should be simple for them to do it for a copy of a business license. They're just trying to avoid the burden of doing this. Council Member Turk moved to amend the ordinance by striking Section 118.01 (E)(5). Council Member Gutierrez seconded the motion. Upon roll call the motion passed 4-3. Council Members Bunch, Turk, Gutierrez, and Jones voting yes. Council Members Hertzberg, Petty and Scroggin voting no. Council Member Kinion was absent during the vote. Council Member Turk: Section 118.01(E)(9), I want to request we clarify the insurance requirements and the amount we require on insurance. I want to specify the amount and the type we are requesting. Mary McGetrick: I've done a lot of research into this. One room in a 1,000 square foot house is going to have a completely different insurance requirement than a six bedroom 3,000 square foot house. It's a little hard to put a number on what they would require. A private homeowner working with their insurance company, most of these standard riders I saw, they included medical, disaster, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 15 of 33 and liability insurance. Most of that is already there. The numbers vary wildly in the amount of coverage. It would be difficult to put a cap on it. Council Member Gutierrez: It would be helpful to advise them to say a minimum of these three things. You're saying it hasn't been evident that other places haven't put a minimum? Mary McGetrick: I haven't seen it. The language we use is that the owner of the dwelling unit or operator of the Short Term Rental provides proof of a valid and current homeowner insurance rider policy, which fully covers each unit when operated as a Short Term Rental. I haven't often seen a threshold of any type applied to it. Council Member Turk made a motion to amend the ordinance to clarify the insurance type and amount. The motion died due to a lack of a second. Council Member Turk: I want to make a motion that we require whoever the holder is of the business license of the Short Term Rental to be included in the landlord registry. This will be a way to contact them quickly if the need arises. City Attorney Kit Williams: This would require a small amendment to the landlord registry code section. Mayor Jordan: It would include Short Term Rental owners into the landlord registry. Council Member Hertzberg: Does the ordinance that we have, not already do that? It's the ordinance that Mary drafted. Mayor Jordan: I don't think it covers Short Term Rentals. Council Member Bunch: Short Term Rentals aren't legal in lots of places. Council Member Hertzberg: My question was more about the contact information. Is the contact information not already addressed in the ordinance that we have right now? Mary McGetrick: It is. Council Member Gutierrez: It's not public and there is no directory to be able to look it up. Correct? Council Member Turk: That is correct. You want to make it accessible to the public. Mayor Jordan: Which would be in the landlord registry, if it passes. Correct? Council Member Turk: Correct. Council Member Gutierrez stated she would second the motion. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 16 of 33 Susan Norton, Chief of Staff. I thought I understood Kit to say that would require a change to the landlord registry ordinance, not this ordinance. I want to be clear that Mary doesn't have anything to do on this, if that's the case. City Attorney Kit Williams: Right. I think we would need to bring back another ordinance to change that code section, rather than including it in with this. Mary McGetrick: Correct. That would be my recommendation. There was a brief conversation that this topic would be for a later discussion and action. Council Member Turk made a motion to amend the ordinance to require whoever the holder is of the business license of the Short Term Rental to be included in the landlord registry. Council Member Gutierrez seconded the motion. After discussion, Council Members Turk and Gutierrez withdrew their motion and second. Council Member Turk: I would like to move that we prohibit lessees from renting out their Short Term Rentals, even if they have the ability to sublet with the homeowner. It's too loose and we are going to have a very big problem with enforcing that. Council Member Kinion: I'll second that. Mayor Jordan: The motion is to prevent lessees from renting out Short Term Rentals. Correct? Council Member Turk: That's correct. Council Member Kinion: That's important. If someone wanted to come in and lease some property, but they would make a profit if they did Short Term Rentals in the property they're leasing, then it could become a business deal. It's not earnest and it's kind of getting around the code. Council Member Scroggin: We are starting to try to restrict businesses here. I understand what you're concerned about and that somehow, they are in cahoots to do this together. If you've got somebody renting your place and they are short on cash and they're going to go back for a month or two to home, they should be able to Airbnb and pay their rent during that time. We just went through a pandemic, where a lot of people went back home and would have been able to Airbnb and pay their bills and not have to get evicted. I don't think this is a good idea. Council Member Petty: I agree with Council Member Scroggin. It seems as though the animus for this may be low opinions of people who lease units. We've gotten dangerously close tonight in trying to keep very careful language in how we talk about people who rent. I am struggling to understand why we think it's wrong and why it needs to be regulated for renters to sublet a space, with the permission of the property owner. What is so fundamentally different when the property owner agrees? If a person who rents a space operates a Short Term Rental during Bikes, Blues & Barbecue or the person who owns the space operates a Short Term Rental for Bikes Blues & Barbeque, I'm struggling to understand what is so different. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 17 of 33 Council Member Bunch: If a landlord agrees to let someone sublet, then I don't see any challenges with this. If your goal was just to prevent people from subletting their apartments, why you started out talking about minor subletting and now here we are, nobody can sublet. I'm not going to be in support of this. Council Member Turk: I started out with minor subletting because it was the first item in the regulation. Mary, you have found in this scenario where the lessee is subletting out for a Short Term Rental, that they've been able to acquire insurance? Mary McGetrick: I can send you some of my research. It will take me a minute to dig through this information, but I can attempt to find some of that. Council Member Gutierrez: I've held renter's insurance in all of my places and they're more than happy to add anything I want to increase my insurance variety. I haven't tried to get a Short Term Rental rider. Council Member Petty: If the insurance provider won't give a rider, then it's moot. They can't get the business license and they operate outside of the law. I don't understand why an additional code sentence is necessary. Council Member Turk: In our requirements, we don't have insurance in there yet, unless Mary has updated that. We need to require them to display and confirm that they do have insurance when they get a business license. Mary McGetrick: That is in the most recent version. The version you have in front of you now in Section 118.01(E)(3)(C) is where our insurance requirement is. It is in the version you're considering tonight. There was a brief discussion about the regulations. Council Member Turk: I'm going to withdraw my motion. I think they are going to have a problem getting insurance. I'm glad you pointed out that the insurance is identified in there. Council Member Turk made a motion to amend the ordinance to prevent lessees from renting out Short Term Rentals. Council Member Kinion seconded the motion. After discussion, Council Members Turk and Kinion withdrew their motion and second. Council Member Turk: I would like to move that if you have a Type 1 rental, which is the owner occupied Type 1 rental, that the owner be required to be in the house when you rent it out as a Short Term Rental. I know there's been reluctance to do that, but we've had a lot of problems with parties when the owners are away. Mayor Jordan: Your motion is that the Type 1 owner has to reside in the house. Correct? Council Member Turk: They have to be present when they rent it out as a Short Term Rental. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 18 of 33 Council Member Bunch: Are you saying if someone rents their house out during Bikes, Blues & Barbeque, they can't rent their house out unless they are in the house with the people? I couldn't rent my house out, go across the street and stay at my neighbor's house? Would I have to be physically in my house to rent it out as a Type 1? Council Member Turk: I would be okay with you going across the street and staying at your neighbor's house. If you're going away where there's no cell phone coverage, there could be lots of potential problems. I've gotten several complaints about this happening. Council Member Kinion stated he would second the motion. Mary McGetrick: We have a requirement that if there is an emergency or an issue with the unit, someone has to be on site within three hours. If you aren't able to do that, you can designate an agent to do that for you when you get your business license. That is how we have covered that issue. Council Member Bunch: That is adequate. This change would be prohibitive and unreasonable. That they would have to be in the physical house is not appropriate. Council Member Scroggin: The purpose of Airbnb when it started was the idea of going on vacation and switching houses, so you don't waste resources constructing buildings we don't need. This would take away that entire purpose. I don't want business Airbnb's where somebody has 20. I want an Airbnb when I go to the outer banks and somebody could pay a little bit of money while I'm there. Mayor Jordan: You want the Type 1 owner to be present in the house when it is rented. Is that correct? Council Member Turk: That's correct. Council Member Gutierrez thanked Council Member Turk for spending the time to go through the ordinance. She thanked Mary for her work on the ordinance. Council Member Turk made a motion to amend the ordinance to have the Type 1 owner to be present in the house when it is rented. Council Member Kinion seconded the motion. Upon roll call the motion failed 2-6. Council Members Turk and Kinion voting yes. Council Members Bunch, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting no. Council Member Turk: I move that we add a date. In Section 118.01(E)(7), that any change in ownership requires a new or amended license within 30 days after the sale or change in ownership. Mary McGetrick: In our business license code in Section 118.02 (B), a business license must be obtained within two months of moving or starting a business. We have that language already in the code. If we were going to amend this section, then we would need to either amend both sections or we would need to specify that this particularly applies to Short Term Rentals. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 19 of 33 Council Member Turk: If you can reference that or put two months in there, that would be helpful. If we can do that, I'll withdraw that motion. City Attorney Kit Williams: You can do that. It would be up to Mary or the Council if they want to put something like that in there. Mary McGetrick: It's already in our ordinance. You may need to vote to amend this section to add it there if we want to add it in this section as well. Council Member Turk: I move to amend we add a reference or identify that it's 60 days after the sale or change in ownership. Council Member Gutierrez seconded the motion. Council Member Petty: Mary, did I hear you explain that's already a requirement in the business license section? Mary McGetrick: That is correct. Council Member Petty: I won't be able to support this. I'm against duplicative code sections. Council Member Kinion: The problem is, people that have looked at it, that have Airbnb's are the ones that have to understand it and they don't. This helps a little bit with some of that understanding. There's nothing wrong with putting a little coaching in there. It's not easy for some people to read code and understand it. I'm going to support it. Council Member Scroggin: It is hard to read code when it's super long and there's duplicated sections in it. If we make a change, we might miss it and then it's contradictory to what it says in another place. I'm not in favor if this. Council Member Bunch: More words don't always make it clearer. I don't think I'm going to be in support of this. When you get a business license, you have to fill out the form. It's clear when you fill out a business license what you're required to do. I don't believe in duplicating this. Council Member Hertzberg: Mary, do you think this would be possible to add to the website to make it clearer, but not necessarily add it to the code? Mary McGetrick: Absolutely. We could add this to the website. We have had discussions about maybe creating a brochure when people get their business license and we could add it to that as well. Council Member Gutierrez: I really like it, because of its clarity. If you're wanting to start to operate an Airbnb, you are not going to go read a bunch of other codes. It's helping for customer service. I understand the duplicity thing, but if I was going to try to start to do it, I would just read my ordinance and read other references. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 20 of 33 Council Member Bunch: It's not that you have to read all the other code. It's when you go in to fill out the business license application. It's pretty clear. Council Member Gutierrez: It's just clarity. I wouldn't assume my businesses is the same thing as a what the Short Term Rental requirements are. Council Member Petty: There have been maybe close to a dozen times where we have had to bring back new ordinances simply because in an ordinance that just got passed in the prior month or six months, we missed a cross reference. It's so common. We've got 350 printed pages of local regulations and they are layer caked. They are ordinances based on new complaints or new opportunities stacked one on top of the other, year over year, decade over decade. It's not best practice for management of the regulation. Most people who operate Short Term Rentals, don't read the code at all. They are far more likely to read the brochure and the website than any code section. Council Member Turk: The easy solution is to cross reference this. What we want is compliance with our regulations and understandability. Council Member Turk made a motion to amend the ordinance that any change in ownership requires a new or amended license within 60 days after the sale or change in ownership. Council Member Gutierrez seconded the motion. Upon roll call the motion failed 4-4. Council Members Turk, Gutierrez, Jones, and Kinion voting yes. Council Members Bunch, Hertzberg, Petty, and Scroggin voting no. Council Member Turk: Section 118.01 (E), item, 15. Right now, it talks about notifying the Police after suspecting a criminal activity, but again there's no time reference. I suggest we put in 12 hours of knowing there's some suspected criminal activity. I move we add that timeframe to 12 hours or something reasonable. Council Member Kinion stated he would second the motion. Council Member Gutierrez: Who is getting notified? Council Member Turk: The way the code reads is that you are required to notify the Police if there's suspected criminal activity, but it is open ended. It doesn't say how long from the suspected activity that you notify the Police. Mary McGetrick: It says criminal activity, the owner shall timely report any known or reasonably suspected criminal activity by a guest to the Fayetteville Police Department. City Attorney Williams: It says, timely? Mary McGetrick: It does. Council Member Turk: Putting a number in there would be helpful. Timely can be a lot of different things. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 21 of 33 There was a brief discussion about notifying the Police within 12 hours. Council Member Scroggin: I really want to keep the word timely in there. If you suspect somebody was killed in your place, you've now got 12 hours. Council Member Turk: It's within 12 hours of knowing or suspecting. If you found a dead body, it's 12 hours from the time you found the unfortunate incident. Council Member Scroggin: I hope timely is faster than 12 hours on a dead body. Council Member Bunch: Who's going to find a dead body and not call the Police immediately. Council Member Kinion: It's turned into some kind of thought that people are not going to call in if there's an urgency. There are those that will not call in until they have too, and 12 hours seems like at least putting a limit on those that don't see the sense of urgency. Council Member Scroggin: Can we do timely, with a max of 12 hours? Council Member Turk: I would accept that as a friendly amendment. Council Member Turk made a motion to amend the ordinance to notify the Police in a timely manner with a max of 12 hours of knowing of suspected criminal activity. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams: There are some cleanup amendments since you've made some changes. Chapter 151, Definitions. Mary, has a whole page of them. One of them is a definition of bedroom. Maybe in light of what Jonathan said, we should not define it, but leave it to State Law, which we do in other cases. Is that what you said Johnathan? Jonathan Curth: Yes, that would be my recommendation. Mary McGetrick: There was a vote on this. It says room and we've changed it to bedroom. City Attorney Kit Williams: The definition of bedroom is what I'm talking about. Further on down, where it says Short Term Rental, it's got the same definition that we change room to bedroom, and so it should be changed in this definition too, if you want to keep that definition in. Those are just consistency things. If we don't change anything, then we've got two different definitions of Short Term Rental. One of the definitions chapter says residential dwelling unit, portion of dwelling unit or room within a residential dwelling unit, and you have just changed that in the actual code to say or bedroom. They should say the same thing. Council Member Kinion made a motion to amend the ordinance to clarify language as read by City Attorney Kit Williams. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 22 of 33 City Attorney Kit Williams: The other one where you defined bedroom, Jonathan has suggested we remove it. Right now, it says, a fully enclosed portion of a building designed or intended to be used, principally for sleeping purposes. That sounds nice, but if we define bedroom in this code, then that's the actual definition we will have to use. Nothing about fire safety or anything else like that. We should not have this definition of bedroom in here. Instead we should rely upon the State definitions of bedroom. If we put it in our code, that is the definition of bedroom and that's all it has to be, and we can't require anything else. Mary McGetrick: I agree. Council Member Turk: I hope there's a reference so that somebody that's reading the code can find out what a bedroom really is. If there's some way to reference that back to the State, that would be helpful. Mary McGetrick: They would have the opportunity to learn that when they got their life safety inspection and the Fire Marshal was doing their inspection. They could tell them what qualifies as a bedroom. Council Member Hertzberg stated she would like to amend the definition to reference State Law. Council Member Scroggin: Do we have anywhere that is referenced in any other definition in our code? Mary McGetrick: I don't believe so. Jonathan Curth: If the concern is about making that apparent and readily available in our ordinance, it is not there explicitly. The International Building Code is hundreds of pages long, similar to our ordinances. We have a section of code within the Unified Development Code that references the building code that's adopted by the State of Arkansas. If that's a concern, then you may want to include that in our codes, rather than just referencing existing adopted state codes. Mary McGetrick: That would be a larger code change, than this reference. Council Member Scroggin: I would hate for every 15th word in our code to say, we reference the State code and we reference the International Code. Council Member Hertzberg: Jonathan, would you recommend striking the definition? Jonathan Curth: I'm agnostic towards the issue. I don't disagree with the customer service aspect of providing that up front for people to understand. Conversely, when we work with a more professional element of development community, we have some references, like the building height that defer to building code. We haven't transferred that into our code. As the building code changes over time, we don't have to keep changing our definition of a building height. If the Council is amenable to it, we could include something like that in a one sheet informational document like Mary referenced earlier. That may be an opportunity to not amend the ordinance if the Council preferred not too. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 23 of 33 Council Member Scroggin: I would much rather have this on the website. When you start defining stuff, it's incredibly cumbersome to go through. Just leaving it with the International and State code is what we should do. Council Member Turk: The reason why bedroom is so important is because that's how we define our occupancy limits. We have to have some way for the public to understand what a bedroom is and comply. Council Member Hertzberg: I would like to change my motion to move that we strike the definition, but we add some educational elements to the website to reference what this definition would be. Council Member Hertzberg made a motion to amend the ordinance to strike the definition but add some educational elements to the website to reference what this definition would be. Council Member Jones seconded the motion. Upon roll call the motion passed 6-1. Council Members Bunch, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Member Turk voting no. Council Member Kinion was absent during the vote. Council Member Turk: At the beginning of this conversation, Mary brought up the occupancy duration or requirements for six or nine months. I don't believe we voted on those. I would make a motion to require a nine month residency for a Type 1 rental in the State of Arkansas, along with the other requirements that have already been adopted into our proposed regulation. Council Member Gutierrez stated she would second that. Mary McGetrick: You mean that the owner or long term leaseholder would be required to live in their residence, nine months out of the year? Council Member Turk: I thought it was just for the owner. Mary McGetrick: It can be just for the owner. Do you want to apply it to long term lease holders or would you like to just apply it to the owner? Council Member Turk: We should apply it to both. Mary McGetrick: This is specifically for Type 1? Council Member Turk: Correct. Mary McGetrick: A permanent resident in the State of Arkansas is 180 days. Council Member Bunch: And 270 is being proposed. Council Member Gutierrez: You're trying to include whoever is the person that is operating, that's doing a Type 1, has some sort of minimum and you propose, nine months. Correct? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 24 of 33 Council Member Turk: Correct. Council Member Bunch: Type 1 is the person that owns the house. It's a full time resident. Mary McGetrick: It's a full time resident, but it could be a long term lease holder or the person that owns the house. Council Member Turk made a motion to amend the ordinance to require a nine month residency for a Type 1 rental. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. The City Council received 3 public comments regarding this ordinance. Mary McGetrick: I have one cleanup item. In Section 163.18(2) of General Standards, the Short Term Rentals may be permitted in all zoning districts where hotel, motel uses are permitted by right. The amended language for the grace period, I believe we required persons to operate a Type 2 Short Term Rental would be required to get a Conditional Use Permit. There may be a small conflict and we might need to clarify that. City Attorney Kit Williams: We could clarify, except when they are permitted use. Council Member Petty made a motion to amend the ordinance to clean up language as described by Mary McGetrick. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams: The Council has done good work recently. They have improved this ordinance, especially putting the Sunset Clause on and trying to make it more equal between the people that have been operating illegally and all others. Despite that, I still can't as City Attorney recommend this. There's still the issue that a Short Term Rental, Type 2 can have 8, 10 or even more, because I think we removed the cap, when a long term renter could only have three or possibly four. That is another issue we could not get resolved. Because of that and also because there are some other internal inconsistencies within this ordinance, I can't recommend it. I do think it has been improved dramatically. I appreciate the Council doing that, especially the Sunset Clause. Council Member Scroggin: Thank you, Mary for working on this. As the Chair of the Ordinance Review, it's been really nice working with her. Not everything is going to be perfect. We have a Sunset Clause and let's push this forward with voting. There are things we are going to learn once it goes out and we can adjust things. If something is drastic, I trust my fellow Council Members and Mayor's Administration to make changes quickly. Mayor Jordan: We have been working on this ordinance for a very long time. Thank you to Mary, City Council and the Ordinance Review Committee for their work. This ordinance is not perfect and it's not going to make everybody happy, but these businesses have been operating outside of the law. It can be uncomfortable to adjust to being regulated, but that's exactly what needs to happen. We must regulate these types of rentals. Right now, they're illegal and unregulated, which 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 25 of 33 is bad for residents, visitors, and this city. This ordinance is a good first step to bringing fair and logical regulations to Short Term Rentals in Fayetteville. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6427 as Recorded in the office of the City Clerk RZN-2021-033 (797 S. Cherry Ln./A&B Enterprises, Inc.): An ordinance to rezone that property described in rezoning petition RZN 21-033 located at 797 West Cherry Lane for approximately 1.02 acres from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate -Urban. At the April 6th, 2021 City Council meeting this item was left on the First Reading. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Members Bunch and Kinion were absent during the vote. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services gave a brief description of the City Council tour. He stated despite it being a 45 foot right of way, it is quite narrow. He stated it ranges from about 14 to 18 feet from edge to edge. He stated there was a decent amount of standing water in the southwest corner of the property. He stated the site tends to slope that direction, towards Dockery Lane and there's some concern that developing this site may have negative impacts on the neighboring homes to the West. He stated there was a question if the property was on a septic system and he was not able to verify that information between yesterday and today. He stated the sewer line and Cherry Lane did go in at the 1970's. He stated it is highly likely this property is connected to it today. He stated he was not able to verify if there was a septic system on site. He stated if the septic tank is still on site and the property is developed, the developer would be required to either fill it in or remove it. Michael Andrews, Applicant gave a brief description of the area. He stated if there is a septic tank, it would be removed and it's not difficult to do that. He stated the house would not stay there. He stated it would be razed and replaced within the design of whatever the city, architects and engineers agree on. Council Member Turk thanked the applicant and Jonathan for the tour. Council Member Gutierrez: I apologize that I wasn't able to make it to the tour. Were there any neighbors that were able to attend or voice any concerns? Mayor Jordan: Nobody was there. Council Member Turk and I were there, but that was it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 26 of 33 The City Council received 3 public comments regarding this ordinance. Council Member Petty moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Turk: Jonathan, could you describe what the RI-U zoning requires, in terms of drainage? Jonathan Curth: The city's drainage standards are based more on the type of building being built, rather than the zoning district. In this instance, the RI-U zoning district allows single family, two family, three family and four family housing. The city's drainage standards kick in once you put more than two units on a lot. I've heard anecdotally from the applicant that they want to potentially put a couple quad plexes, but there's nothing tying them to that. If they were to build to that standard, they would be subject to the city's drainage standards, but not if they built a one or two family dwelling. Council Member Gutierrez: In RI-U, are they allowed to do up to three stories? Jonathan Curth: Yes. The same as the surrounding RSF-4 zoning district. Council Member Gutierrez: I hope there could be some conversations between the applicant and Mr. Ayala about any issues with the land ownership. Hopefully they can discuss drainage problems and be able to resolve it. This is on Huntsville Road and it seems like a great place to add a little bit of density, but I don't want to exacerbate drainage issues. Council Member Scroggin: There are two issues at a play on a lot of rezoning's that we look at. We have a lack of housing stock. Any house under $300,000 if it's priced right, you might get 30 or 40 offers on it. Those are 40 families that are trying to find a way to either come to Fayetteville or stay here. We have to look at drainage, but the rezone is not where you look at that. It's at Large Scale Development and it is other steps. We need to revisit our storm water prevention measures. I hope this conversation can continue and we can start looking at making it that people that are downhill of new development, aren't scared. This is reasonable and we need houses. The United States are 4 million houses short. We've got to develop, and we have got to develop right. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council Members Bunch, Turk, Hertzberg, Jones, Petty, and Scroggin voting yes. Council Member Gutierrez voting no. Council Member Kinion was absent during the vote. Ordinance 6428 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 27 of 33 VAC-2021-015 (215 S. Vale Ave./Rock Creek Holdings): An ordinance to approve VAC 21- 015 for property located at 2015 South Vale Avenue to vacate a portion of public right-of-way between South Razorback Road and South Vale Avenue, as well as a portion of a 10-foot wide alley right-of-way. At the April 6th, 2021 City Council meeting this item was left on the First Reading. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director stated he had no updates on the ordinance and was available for questions. Kael Bowling, Applicant stated he did not have anything additional to add from the last meeting and was available for questions. Council Member Scroggin: Can you remind me why we held this? Jonathan Curth: It was atypical for a right of way vacation in that there were some conditions included by the Planning Commission where they recommended re -dedication of right of way on the south end of the property and also requiring any development along that new right of way, which was intended for a trail to meet the city standards, as though that trail were a street. Staff s position is still recommending denial of their request. We had concerns about connectivity. Council Member Scroggin: It was denial of the applicant's request of the Planning Commission's changes? Jonathan Curth: I don't remember exactly how I put it at the last meeting, but I think the Planning Commission's amendments made it a more palatable request. Staff s position is still recommending denial. We don't feel there's strong enough public street connectivity in the area. There are some private streets to the north that create the appearance of connectivity. Council Member Scroggin: We are a growing city and we definitely want to be able to keep connectivity. Council Member Hertzberg: Do you have any information on the volume of traffic that is accessing Vale Avenue? Jonathan Curth: I do not. We don't often have traffic counts on roads of Vale's size. It's generally more of an access road. A lot of people mistake it for a private road. It's kind of a frontage road for the railway line. Mayor Jordan: There's not much traffic going down there. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 28 of 33 Council Member Hertzberg: I would be in favor of this because it's more of an access road. I don't know that we need that much of a connection to it. I know that's important, but I did drive by and there's two private roads. They have the roads to those homes, so those people can access it. Is there one or two other access points? Jonathan Curth: Do you mean access points to this property or between Vale and Razorback? Council Member Hertzberg: Between Vale and Razorback. Jonathan Curth: Sligo is the only public street, but Junction Street off of Sligo and Netherland Way to the north of Sligo are private streets between Razorback and Vale. Council Member Gutierrez: Is there any plans right now to increase or work on Vale to make it less of an access road? What are the plans for that road? Jonathan Curth: I do not see it on any of the short term improvement list for street improvements. Council Member Petty: Isn't it the case that we would be unlikely to see improvements to Vale until that big industrial land to the right or some of the frontage to the left of Vale were developed? Even then, maybe only for the frontage in question. Jonathan Curth: That would be the typical requirement. A lot of that comes down to the scale of what is proposed. The applicant did share some conceptual drawings, for what appeared to be a pretty sizable multifamily building there. Depending on its scale and how it distributed its traffic, staff may have the authority through the Planning Commission to require much more substantive impairments. The typical requirement would be yes, just for the property's frontage. Council Member Petty: What is the extent to which the Fayette Junction Master Plan anticipates this area being developed? Jonathan Curth: The Fayette Junction plan was largely hinging on the idea that the railway spurred to the East and would develop and turn into a significant transportation hub. With or without that transportation hub, this property represents an area that could benefit the city from very intense development. It's located along Razorback Road with easy access to I-49 and several parks. The Fayette Junction plan did imagine it being intensely developed as well, but a lot of what occurred in this part of the Fayette Junction plan was intended to be tied into that rail head there. Mayor Jordan: That's right. I remember that plan and that was not included. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Members Bunch and Kinion were absent during the vote. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 29 of 33 Jonathan Curth described the illustrated map of Fayette Junction. Council Member Petty stated his view of these maps is they are not meant to be set in stone but meant to communicate the concept and to get us thinking about the relative impacts and the kinds of things we need to do to make sure the general intent can be accomplished. He stated if more intense development occurred in this area, it would be rightful for the city for it to happen in this location. He stated he takes the recommendation to preserve the connectivity from the staff seriously against that future. He stated against what's there today, he could go with just about any proposal about the right of way but considering what we intend for the broader area in the future, the connectivity is especially important to plan for. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 2-5. Council Members Hertzberg and Jones voting yes. Council Members Bunch, Turk, Gutierrez, Petty, and Scroggin voting no. Council Member Kinion was absent during the vote. This ordinance failed. New Business: RPZD-2021-003: (2390 S. Dead Horse Mtn. Rd./Meadows at Stonebridge Sd): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 21-003 for approximately 51.33 acres located at 2390 South Dead Horse Mountain Road to allow the development of 168 residential lots and 1 mixed use lot. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated considering the whole balance of issues, we felt that the applicant's proposals will take what is already permitted and create a foundation for a complete neighborhood in an area that is right now completely devoid of services and fully auto dependent. He stated staff is recommending approval of the request with conditions. He stated the Planning Commission forwarded the item recommending approval with a vote of 5 to 3. He stated public comment has been received from at least one neighbor, who is opposed to this request and would prefer to see the property developed under its existing zoning district with a Bill of Assurance. He stated the golf course expressed concern at the Planning Commission about trespassing and the Council was forwarded an item from their representative with comments about the existing infrastructure and the appropriateness of the existing entitlement. He stated they have asked that the item be left on this reading for further consideration. Bradley Bridges, Applicant gave a brief description of the property. He stated many of the things he has worked through are with the goals of the City Plan 2040. He stated he is trying to create a community that's walkable and reduce trips by adding some mixed use. He stated there is water and sewer right along Dead Horse Mountain Road. He stated since this is strictly a zoning, we are not bringing through a concurrent development at this time. He stated he will provide drainage that will meet or exceed the drainage criteria manual. He stated he will address any of those concerns 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 30 of 33 at time of development once he brings a preliminary plat back through to the Planning Commission. He stated he is okay with the conditions. He spoke about the architectural renderings. He stated if Council sees fit, he would like to see a vote in favor of his request. Council Member Scroggin: In the 2009 PZD, what was the number of units allowed? What is the density on Peaceful Road, the subdivision right to the west? Jonathan Curth: The Riverwalk subdivision is developed at approximately between 2 and 2.5 units per acre, which is the first phase of the subdivision. I'm not as familiar with the subsequent phases. Council Member Scroggin: How many places of access are there to this subdivision? Is it just that one? Jonathan Curth: The Riverwalk subdivision has access at three existing points on Dead Horse Mountain. There is a future phase that will connect further south east along Dead Horse Mountain, as well. Council Member Scroggin: Right now, the houses that are proposed have re -access? Jonathan Curth: Are you talking about the existing Riverwalk subdivision? Council Member Scroggin: No, the new one. Jonathan Curth: One on the northern end of the property and the sliver of land that comes out to Dead Horse. Council Member Scroggin: Does that sliver of land include that bridge? Jonathan Curth: I believe that's all level surface. Bradley Bridges: There is not a bridge along our frontage. Jonathan Curth: The previous PZD was approved with an allowance for 350 dwelling units, 45,000 square feet of non-residential space and parking. The first phase was intended to be single family lots and that was 91 units. Council Member Scroggin: It was significantly larger in 2009 than the 2018 attempt and then, this one? Jonathan Curth: Correct. The preliminary plat in 2018 was about 140 lots. This one is 168. Council Member Scroggin: These are comparable to what was allowed almost more than a decade ago. We got an email that was talking about density. There was a Bill of Assurance that actually limited this a little bit more, but the building climate five years ago is significantly 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 31 of 33 different than we are now. We are way shorter on houses now than we were then. I have a lot of mixed feelings about this one. I hope we table this. Council Member Turk: The sewer line will have to have additional piping to the lift station. Who pays for that? Jonathan Curth: This is based on the Engineering staff review of the 2016 plat, which would presumably have somewhat comparable comments, given the moderate unit count increase. Generally, what would be required with this is the addition of a gravity main to the north. There's a series of lift stations in the Stonebridge Meadows Golf Club property and into that subdivision. That main construction itself would be roughly almost 2,000 feet. To do that, it would have to be laid right next to a force main, which would necessitate acquiring additional easement from the golf course to cross their property. The developer would pay for those improvements, but ultimately it would be the city's responsibility to maintain them. Lift stations are often a concern for the city. They don't work on gravity. They have mechanical functions to them. Council Member Turk: The developer would pay for all of those costs. The right of way purchase or easement if it was needed from the golf course, the pipe and all the labor. It would just be the city that would have to maintain the Lift Station. Would there be a requirement to upgrade or increase the capacity of the Lift Station? Jonathan Curth: I don't believe so. From my understanding of the 2016 review of the project, Crafton Tull also worked on that subdivision. Bradley Bridges: We did do a sewer study. If requested during development, we could update that. There is already recorded easement for the additional line to go to the Lift Station that is located there. The City Council received 2 public comments regarding this ordinance. Council Member Scroggin: The easements that are having to go across the golf course, is that easements they already have or easements they have to purchase? Jonathan Curth: When I advised Council Member Turk that they would need additional easement, it sounded like Mr Bridges disagreed. My comments are based on the 2016 Preliminary Plat, which did show the need to acquire more easement. There's already a force main running from the lift station through the existing easement and having to put a gravity main right next to that does have minimum separation requirements. Looking at that 2016 plat, it looked like they were looking for a 37 foot easement. I don't know if the size of that would've changed at this point. The existing easement is about 20 feet. The documentation suggests that more is maybe needed. Council Member Scroggin: Can we approve PZD's that are open ended and be able to be successful or not? City Attorney Kit Williams: It's something you can consider, whether or not they would be able to serve their development with sewer. They don't have condemnation powers to do that, so they 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 32 of 33 would have to work out some sort of agreement with their neighbor to do that. The golf course did not sound too positive about that. This is certainly an issue the City Council needs to consider. Council Member Scroggin: I definitely want that handled. It's frustrating when private entities put themselves in a situation where they think the city or other municipalities are going to come in and use condemnation to fix their problem. I don't know if we need to almost write the PZD as conditional on them being able to get these things. How long do they have to develop on a PZD before it lapses? Jonathan Curth: Planned Zoning Districts don't lapse. Staff has brought them back before the Council, just in batches when they do seem to be several of them. Because of the highly prescriptive nature of PZD's, it means that once you get an approval for it, it's very unlikely that it can develop under a different circumstance. If a development was concurrently proposed with this, that would be subject to a one year approval, but the PZD itself does not have a defined expiration. This ordinance was left on the First Reading. ADM-2021-028: (3275 N. Oakland Zion Rd./Piepenbrok): A resolution to amend the Master Street Plan by removing a section of a planned Neighborhood Link Connection along North Oakland Zion Road and upgrading a section of East Bridgewater Lane from a Residential Link Street to a Neighborhood Link Street. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated staff recommends approval. He stated the Planning Commission agreed to forward in favor. He stated the Transportation Committee recommended forwarding the item to Council with a vote of3to0. Kim Piepenbrok, Applicant gave a brief description of her item. Council Member Turk: Who started the proposal to realign the road? How did it get on the Master Street Plan? What process did it go through to get on there? Jonathan Curth: It predates my time with the city. I went back a couple decades of Master Street Plans and it has been on there for a while. It's a product of trying to create much longer range, longer vision circulation goals in the city as we've matured in our thinking. We have established that instances in the planning area where we are improving streets may not be as valuable as we once thought when the city was growing rapidly and outwardly. I don't know how that one specifically got on there. I think every time the Master Street Plan came back; staff evaluated it and did not see a strong cause to remove it and it was left on there. Mayor Jordan stated that went back to the 80's and had been on there for a while. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 33 of 33 City Attorney Kit Williams: In the past, there were some strange roads I saw on the east of town going over bluffs. I asked our Public Works Director as to why we do that. He said, they're just lines on a map. We take a much more careful attitude to that now. Council Member Gutierrez moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. Resolution 121-21 as recorded in the office of the City Clerk Announcements: None City Council Agenda Session Presentations: None Adiournment: 10:00 p.m. Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, April 13, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda April 13, 2021 Zoom Information: Webinar ID: 953 7264 8433 Public Registration link: https://zoom.us/webinar/register/WN_TO_UfxiTTxe7J7-PuOJU7A Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2021-0253 PRESENTATION OF THE MAYOR'S ENVIRONMENTAL STEWARDSHIP AWARD TO SELECTED AWARD RECIPIENTS. 2. 2020-0974 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent: A.1 2020-0874 APPROVAL OF THE APRIL 6, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 2 Printed on 41812021 City Council Agenda Session Tentative Agenda April 13, 2021 A.2 2021-0137 OFFICER STEPHEN CARR MEMORIAL: A RESOLUTION TO APPROVE A SCULPTURE COMMISSION AGREEMENT WITH BRODIN STUDIOS, INC. IN THE AMOUNT OF $51,483.55 FOR THE OFFICER STEPHEN CARR MEMORIAL BRONZE STATUE, TO APPROVE A COST SHARE AGREEMENT WITH FRATERNAL ORDER OF POLICE LODGE #10 WITH AN AMOUNT NOT TO EXCEED $35,000.00 TO BE PAID BY THE CITY OF FAYETTEVILLE TOWARD THE COST OF THE SCULPTURE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 A.3 2021-0259 GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA): A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON COUNTY REGARDING FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $66,108.00 FOR THE POLICE DEPARTMENT B. Unfinished Business: BA 2020-1012 SHORT-TERM RENTAL REGULATIONS: AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS, AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO PERMIT AND INSPECT THE RENTALS This agenda item was tabled until the first meeting in 01/2021. At the December 1, 2020 City Council meeting this item was tabled until the 01/05/2021 City Council meeting. At the January 5, 2021 City Council meeting this item was left on the second reading and tabled until the February 16, 2021 City Council meeting. City of Fayetteville, Arkansas Page 3 Printed on 41812021 City Council Agenda Session Tentative Agenda April 13, 2021 At the February 18, 2021 City Council meeting this item was left on the second reading and tabled until the March 16, 2021 City Council meeting. This item was sent back to the Ordinance Review Committee. At the March 16, 2021 City Council meeting this item was tabled to the 04/06/2021 City Council meeting. This item is currently on the second reading. At the April 6th, 2021 City Council meeting this item was left on the Third Reading and Tabled for Two Weeks. B.2 2021-0216 RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN At the April 6th, 2021 City Council meeting this item was left on the First Reading. B.3 2021-0214 VAC-2021-015 (215 S. VALE AVE./ROCK CREEK HOLDINGS): AN ORDINANCE TO APPROVE VAC 21-015 FOR PROPERTY LOCATED AT 2015 SOUTH VALE AVENUE TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY BETWEEN SOUTH RAZORBACK ROAD AND SOUTH VALE AVENUE, AS WELL AS A PORTION OF A 10-FOOT WIDE ALLEY RIGHT-OF-WAY At the April 6th, 2021 City Council meeting this item was left on the First Reading. C. New Business: CA 2021-0276 RPZD-2021-003: (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 21-003 FOR APPROXIMATELY 51.33 ACRES LOCATED AT 2390 SOUTH DEAD HORSE MOUNTAIN ROAD TO ALLOW THE DEVELOPMENT OF 168 RESIDENTIAL LOTS AND 1 MIXED USE LOT City of Fayetteville, Arkansas Page 4 Printed on 41812021 City Council Agenda Session Tentative Agenda April 13, 2021 C.2 2021-0267 ADM-2021-028: (3275 N. OAKLAND ZION RD./PIEPENBROK): A RESOLUTION TO AMEND THE MASTER STREET PLAN BY REMOVING A SECTION OF A PLANNED NEIGHBORHOOD LINK CONNECTION ALONG NORTH OAKLAND ZION ROAD AND UPGRADING A SECTION OF EAST BRIDGEWATER LANE FROM A RESIDENTIAL LINK STREET TO A NEIGHBORHOOD LINK STREET D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 5 Printed on 41812021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0253 Agenda Date: 4/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: 1. File Type: Presentation PRESENTATION OF THE MAYOR'S ENVIRONMENTAL STEWARDSHIP AWARD TO SELECTED AWARD RECIPIENTS. City of Fayetteville, Arkansas Page 1 Printed on 41812021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0974 Agenda Date: 4/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: 2. MONTHLY FINANCIAL REPORT File Type: Report City of Fayetteville, Arkansas Page 1 Printed on 41812021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0874 Agenda Date: 4/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE APRIL 6, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 41812021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0137 Agenda Date: 4/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 OFFICER STEPHEN CARR MEMORIAL: A RESOLUTION TO APPROVE A SCULPTURE COMMISSION AGREEMENT WITH BRODIN STUDIOS, INC. IN THE AMOUNT OF $51,483.55 FOR THE OFFICER STEPHEN CARR MEMORIAL BRONZE STATUE, TO APPROVE A COST SHARE AGREEMENT WITH FRATERNAL ORDER OF POLICE LODGE #10 WITH AN AMOUNT NOT TO EXCEED $35,000.00 TO BE PAID BY THE CITY OF FAYETTEVILLE TOWARD THE COST OF THE SCULPTURE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 WHEREAS, since the tragic death of Officer Stephen Carr on December 7, 2019, the Fayetteville Police Department has recognized significant community support, including in the form of cash donations for the specific purpose of memorializing Officer Carr; and WHEREAS, the City of Fayetteville and Fraternal Order of Police Lodge #10 wish to share in the costs of a bronze memorial statue that will be displayed at the public entrance to the new Fayetteville Police Headquarters Building; and WHEREAS, Ark. Code Ann. § 19-11-203 provides that "works of art for museum and public display" are exempt from the requirements of formal competitive bidding. 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 authorizes Mayor Jordan to sign a sculpture commission agreement with Brodin Studios, Inc. and Fraternal Order of Police Lodge #10 for the purchase of the Officer Stephen Carr Memorial bronze statue in the amount of $51,483.55 plus any applicable taxes and freight charges. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a cost share agreement with Fraternal Order of Police Lodge #10 for the costs associated with the Officer Stephen Carr Memorial bronze statue, with an amount not to exceed $35,000.00 contributed by the City of Fayetteville and at least $22,000.00 contributed by the Fraternal Order of Police. City of Fayetteville, Arkansas Page 1 Printed on 41812021 File Number: 2021-0137 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of $5,000.00. City of Fayetteville, Arkansas Page 2 Printed on 41812021 City of Fayetteville Staff Review Form 2021-0137 Legistar File ID 4/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mike Reynolds 4/2/2021 Submitted By Submitted Date Action Recommendation: POLICE (200) Division / Department Staff recommends approval of a sculpture commission agreement with Brodin Studios, Inc. and cost share agreement with Fraternal Order of Police Lodge #10 in an amount not to exceed $35,000 plus $5,000 contingency for the sculpting and delivery of the Officer Stephen Carr Memorial to be displayed at the public entrance of our new Fayetteville Police Headquarters Building. This public sculpture display is exempt from competitive bidding based on Arkansas Code Annotated 19-11-203. 1010.200.2920-5801.00 Account Number 33044-8 / 33045-1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Budget Impact: General Fund Police Memorial / State LE Forfeitures Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 40,935.00 $ 40,935.00 $ 40,000.00 V7n1 Rn.471 Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 20, 2021 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: April 2, 2021 SUBJECT: Officer Stephen Carr Memorial CITY COUNCIL MEMO RECOMMENDATION: Staff recommends approval of a sculpture commission agreement with Brodin Studios, Inc. and cost share agreement with Fraternal Order of Police (FOP) Lodge #10 in an amount not to exceed $35,000 plus $5,000 contingency for the sculpting and delivery of the Officer Stephen Carr Memorial to be displayed at the public entrance of our new Fayetteville Police Headquarters Building. This public sculpture display is exempt from competitive bidding based on Arkansas Code Annotated 19-11-203. BACKGROUND: The Stephen Carr Memorial bronze statue will resemble a photo taken while Officer Stephen Carr was working Dickson Street Patrol and met an abandoned dog, which he eventually adopted. Officer Carr is on a side of the bench sitting, petting "Red" with one hand. The story is: the dog was abandoned and left tied up to this bench for hours. He was so scared of people and wouldn't come out for anyone, but Officer Carr. When we decided to do this as the memorial, we found multiple bronze sculpture artists. The least expensive seemed to do more abstract art, and the human sculptures looked distorted and not what we were looking for. One local artist and one out of Texas were both $85-95 thousand, much outside our realm of,possibility. Then, Chief Reynolds received an email from Brodin Studios and their work is lifelike, beautiful, and professional. Through talking with Brodin Studios, Inc. and browsing samples of their work, we learned they focus on memorial statues for Military, Police, and Fire. They are so detailed as to get the make and model of uniform equipment. We then found a piece of art Brodin Studios, Inc. sent the Police Department after Officer Carr was killed, as they do throughout the country for fallen officers. We have chosen Brodin Studios for the professional and realistic work, flexibility and communication, as well as their patience with us throughout this process. DISCUSSION: Total cost of the Officer Stephen Carr Memorial is $51,483.55 plus shipping. The City of Fayetteville's not to exceed amount of $35,000 plus $5,000 contingency is based up on the project partnership with the FOP Lodge #10 which is currently holding in excess of $22,000 in donated funds for this memorial sculpture. The FOP Lodge #10 plans additional fund raising Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 which could reduce the City of Fayetteville's share of expenses for this memorial. Brodin Studios will invoice the City of Fayetteville and FOP Lodge #10 separately. Since the tragic events on December 7, 2019, the Fayetteville Police Department has recognized significant community support. Much of the community support came in the form of cash donations for the specific purpose of memorializing Officer Stephen Carr. All cash donations received by the Fayetteville Police Department has been approved and recognized via budget adjustments approved by the City Council. These funds are held within our project accounting system specifically named Police Memorial Donations (project #33044-8). The current budgeted amount in the Police Memorial Donations project is $24,154. The net balance of $15,846 not funded by the Police Memorial Donations will be funded from existing approved budget funds within the Law Enforcement State Forfeitures (project #33045-1). BUDGET/STAFF IMPACT: All funding for this memorial sculpture is currently budgeted within our 2021 Approved Operating Budget. The City of Fayetteville's not to exceed amount of $35,000 plus $5,000 contingency totals $40,000. Funding of this sculpture is budgeted within two existing projects: Police Memorial Donations (project #33044-8) and Law Enforcement State Forfeitures (project #33045-1). The Police Memorial Donations project has current budget funds in the amount of $24,154.00, and the Law Enforcement State Forfeitures project budget will fund the remaining not to exceed expense of $15,846. This project has no impact on staffing. Attachments: Sculpture Commission Agreement with Brodin Studios, Inc. Cost Share Agreement with FOP #10 Photo of Officer Stephen Carr with Red Sculpture samples from Brodin Studios A.C.A 19-11-203 SCULPTURE COMMISSION AGREEMENT THIS AGREEMENT is made on this dayof 2021, between Brodin Studios, Inc. 70127 33011 Street Kimball, MN 55353, hereinafter referred to as ARTIST, the City of Fayetteville, and Fraternal Order of Police Lodge No. 10, hereinafter referred to as BUYERS. WHEREAS, BUYERS desire to commission ARTIST to design and construct an original bronze work of art in the Iikeness of life-size male Police Officer Stephen Paul Carr in the sitting position with life-size canine referred to as ARTWORK: WHEREAS, ARTIST desires to create the above -mentioned ARTWORK; WHEREAS, the parties wish the integrity and clarity of the ARTISTS ideas, and the quality and beauty of the ARTWORK, to be maintained and protected; NOW, THEREFORE, the parties mutually agree upon the following: DESCRIPTION OF THE ARTWORK ARTWORK shall be created in actual life-size scale, exclusive of.base, and shall be created using the "lost wax" method of bronze casting. ARTWORK shall be finished in an antique bronze patina, suitable for exterior. ARTWORK shall depict a male in the sitting position to be placed on a park bench with a canine. II. COMMISSION FEE BUYERS shall pay ARTIST the sum of fifty-one thousand four hundred eighty-three - dollars and fifty-five cents ($51,483.55) plus additional costs specified in other sections or any addendum to this agreement. Ill., BUYER COOPERATIVE BUYERS shall pay ARTIST commission fee separately based upon a separate agreement between the City and the Fraternal Orderof Police Lodge No. 10. BUYERS will pay any additional costs specified in other sections or any addendum to this agreement in accordance with their separate agreement. 1V. PAY MENT SCHEDULE A. A payment of fifteen thousand dollars and no cents ($.15,000) shall accompany the signed commission agreement, prior to beginning work. B: A second payment of sixteen thousand dollars and no cents ($16,000) shall be due and payable at the time of casting the sculpture. C. A final payment of twenty thousand four hundred eighty-three dollars and fifty-five cents ($20,483.55) shall be received upon completion. D. Shipping charges shall be billed directly to the BUYERS and shall be due and payable within 15 days of invoice. Invoicing for the park bench shall be billed directly to the BUYERS and shall be due and payable within 15 days of invoice. V. DELIVERYANDINSURANCE COSTS A. BUYERS shall be responsible for reasonable delivery/shipping and handling costs. ARTIST shall advise BUYERS of the method of shipment and the estimated cost prior to the scheduled completion date. B. ARTIST shall be responsible for insurance coverage during the commission period. Responsibility for coverage passes to the BUYERS upon delivery. VI. COPYRIGHT ART] ST shall retain the copyright on ARTWORK and all reproduction rights shall be expressly reserved. ARTIST herein grants BUYERS the limited license to make two dimensional reproductions of ARTWORK for non -commercial purposes, including, but not limited to, advertising, publicity, catalogs and similar publications, provided that these rights are exercised in a tasteful and professional manner. ARTISTS copyright (as shown below) shall be clearly displayed on all reproductions and ARTIST shall be given a credit line in all editorial reference. © 2021 Brodin Studios, Inc. All Rights Reserved VII. UNVEILING/DEDICATION BUYERS shall notify ARTIST as tothe date and time of theunveiling and dedication ceremonies. BUYERS agree to ftimish ARTIST with a copy of all promotional materials, programs, videos and articles dealing with ARTWORK and the unveiling. V III. MAINT-NANCE/R.EPAIR BUYERS agree that they will not intentionally destroy, damage, or otherwise alter, modify or change ARTWORK in any way. All repairs and restorations shall be the responsibility of the BUYERS. ARTIST shall provide BUYERS with a copy of written "care" instructions, covering maintenance of the surface of the sculpture. IX. TITLE OF ARTWORK BUYERS shall have the right to determine the official title of the ARTWORK, and shall inform ARTIST of such at the earliest convenience. X. MODIFICATIONS TO THE AGREEMENT Modifications to any section of this agreement must be made in writing, signed by all parties and attached as an addendum. XI. JURISDICTION The laws:of the state of Arkansas shall govern this: agreement, Signed this BYY4! a� ARTIST/AGENT Brodie Studios,.Inc. 7012.7 3301' Street Kimball, MN 5535J By Sl1 rR Fraternal Oder of Police Lodge No. 10 100 W. Rock Street Fayetteville, AR 72701 - - -day of 2021. BUYER City of Fayetteville 100 W. Rock Street Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF OFFICER STEPHEN CARR MEMORIAL This Agreement, made and entered into on this day of April, 2020, by and between the City of Fayetteville, Arkansas ("City") and the Fraternal Order of Police Lodge No. 10 ("FOP"), witnesseth: WHEREAS, the City and the FOP wish to work together, using a combination of City funds, FOP funds, and funds from private donors to pay the cost of the Officer Stephen Carr Memorial bronze sculpture that will be located at the new Police Department headquarters; and WHEREAS, the cost of the sculpture is $51,483,55 plus any applicable taxes as well as shipping, handling, and installation costs. NOW, THEREFORE, the City of Fayetteville, Arkansas and Fraternal Order of Police Lodge No. 10 agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Contribute an amount not to exceed $35,000.00 toward the costs associated with the purchase of the sculpture. B. Provide a prominent location for the installation of the sculpture outside of the public entrance to the new Police Department Headquarters, 2. Fratemal Order of Police Lodge No. 10 agrees to contribute at least $22,000.00 toward the costs associated with the purchase of the sculpture. 3. The City and FOP agree to share equally any costs associated with taxes, shipping, handling, and installation of the sculpture, or any additional costs that arise after signing the commission agreement with the artist. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: FRATERNAL ORDER OF POLICE LODGE NO. 10 By: N IM WH IT E, President CITY OF FAYETTEVILLE, ARKANSAS By: - LIONELD JORDAN, Mayor ATTEST: By:. . KARA PAXTON, City Clerk 3/9/2021 Mail - Eucce. Natalie - Outlook https://outlook.office365.com/mail/search/id/AAQkADYOMGE0OTAyLWFkNGUtNDEyYS05ZmQOLWUwNjkxMmYzMWE2OAAQAMr09hjwny5se8web8... 1 /1 i A I� iP I. - V I L<, I a jjF...,4yam. Of f� ��;, -TIP �'- � �~� � '� +ter • � ���i�'�►�, S�z•1_LF,� , _ 12/16/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 < Previous Next > A.C.A. § 19-11-203 Copy Citation Current through all legislation of the 2020 First Extraordinary Session and the 2020 Fiscal Session (through all legislation enacted and approved in 2020) AR - Arkansas Code Annotated Title 19 Public Finance Chapter 11 Purchasing, and Contracts Subchapter 2 — Arkans72 Procurement Law 19-11-203. Definitions generally. As used in this subchapter: (1) (A) "Agency procurement official" means any person authorized by a state agency to enter into and administer contracts and make written determinations and findings with respect to contracts, in accordance with procedures prescribed by this subchapter and the rules promulgated under it. (B) "Agency procurement official" also includes an authorized representative acting within the limits of authority; (2) "Business" means any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other legal entity; (3) (A) "Capital improvement" means all lands, buildings, structures, utilities, on -site and off -site improvements, and other appurtenant improvements, existing or future, and all construction, repairs, alterations, and renovations thereof which are undertaken, owned, operated, or otherwise managed by a state agency. (B) "Capital improvement" shall not include construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission, nor shall "capital improvement" include any building, facility, plant, structure, or other improvement constructed by, or in behalf of, the Arkansas Department of Transportation or the State Highway Commission; (4) (A) "Commodities" means all personal property, including without limitation: (i) Goods, as defined in § 4-2-105; (ii) Leases, as defined in § 4-2A-103; and (iii) Insurance. (B) "Commodities" does not include: (i) A lease on real property or a permanent interest in real property; (ii) Exempt commodities and services; and (iii) Capital improvements; (5) https://advance.lexis.com/documentpage/?pdmfid=l 000516&crid=f3077419-3c00-4f4b-9f47-2da318835a93&config=OOJAA2ZjZiM2VhNSOwNTVILTQ3... 117 12/16/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 (B) (i) "Contract" includes awards and notices of award, contracts of a fixed -price, cost, cost- plus -a -fixed -fee, or incentive type, contracts providing for the issuance of job or task orders, leases, letter contracts, and purchase orders. (ii) "Contract" also includes supplemental agreements with respect to any of these items. (iii) "Contract" does not include a partial equity ownership agreement as defined under § 19- 11-1301 et seq.; (6) "Contract modification" means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract; (7) "Contractor" means any person having a contract with a state agency; (8) "Data" means recorded information, regardless of form or characteristic; (9) "Debarment" means the disqualification of a person to receive invitations for bids or requests for proposals or the award of a contract by the state for a specified period of time commensurate with the seriousness of the offense or the failure or the inadequacy 'of performance; (10) "Designee" means a duly authorized representative of a person holding a superior position, (11) "Electronic" means electrical, digital, magnetic, optical, or any other similar technology; (12) "Employee" means an individual drawing a salary from a state agency, whether elected or not, and any nonsalaried individual performing personal services for any agency; (13) "Exempt agencies" means the constitutional departments of the state, the elected constitutional offices of the state, the General Assembly, including the Legislative Council and the Legislative Joint Auditing Committee and supporting agencies and bureaus thereof, the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts; (14) "Exempt commodities and services" means: (A) Advertising in newspapers, periodicals, and related publications and on television, radio, billboards, and electronic media; (B) Animals procured for medical research; (C) (i) Commodities and services for use in research, education, and treatment for the diagnosis, cure, and prevention of disease, which may be procured with administrative approval through a group purchasing entity serving other public health institutions when substantial savings are available. (iii) A report shall be filed annually with Arkansas Legislative Audit reflecting the justification of and the estimated savings accruing due to the use of this exemption; (D) (i) Commodities procured for resale in cafeterias, commissaries, bookstores, gift shops, canteens, and other similar establishments. (ii) However, these commodities procured shall not be sold or transferred to any agency with the intent of circumventing applicable procurement procedures; (E) (i) Contracts awarded by agencies for the construction of buildings and facilities and for major repairs. (ii) ThPCP rontrart PxPmntinnr shall not PxtPnri to the nrnriirPmPnt of anv rnmmnriitiP¢ not hftps:Hadvance.lexis.com/documentpage/?pdmfid=I 000516&crid=f3O77419-3cOO-4f4b-9f47-2da3l8835a93&config=OOJAA2ZjZIM2Vh NSOwNTVILTQ3... 217 12/16/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 reconstruction, and maintenance of roads and bridges In the state highway system and for the county, rural road aid, and city street aid programs; (G) (i) Farm products procured or sold by a state agency having an agency procurement official. (ii) The current trade customs with respect to the procurement or sale of cotton, cotton seed, rice, and other farm products shall be followed when it is necessary to obtain the best price for the commodities procured or sold; (H) Fees, including medical fees and physician fees; (I) Foster care maintenance services provided by foster family homes or a community provider that is licensed as a family style residential home or that provides a family home setting approved by the Division of Children and Family Services for children whose placement and care are the responsibility of the Division of Children and Family Services; (3) Freight and storage charges and demurrage; (K) Licenses required prior to performance of services; (L) (i) Livestock procured by an agency having an official experienced in selection and procurement of livestock. (ii) Such procurement will be reported to the State Procurement Director, giving details of the purchase; (M) Livestock procured for breeding, research, or experimental purposes; (N) Maintenance on office machines and technical equipment; (0) Medical items specifically requested by a physician for treatment or diagnosis of patients in his or her care, including prosthetic devices, surgical instruments, heart valves, pacemakers, radioisotopes, and catheters; (P) Membership in professional, trade, and other similar associations; (Q) Perishable foodstuffs for immediate use or processing; (R) Postage; (S) Published books, manuals, maps, periodicals, films, technical pamphlets, and copyrighted educational aids for use in libraries and for other informational or instructional purposes in instances in which other applicable law does not provide a restrictive means for the acquisition of these materials; (T) Services of visiting speakers, lecturers, and performing artists; (U) Taxes; (V) Travel expense items such as room and board and transportation charges; (W) Utility services or equipment that is defined, recognized, and regulated by the Arkansas Public Service Commission as a monopoly offering; (X) Works of art for museum and public display; (Y) Capital improvements valued at less than the amount stated in § 22-9-203, subject to minimum standards and criteria of the Building Authority Division; (Z) Services related to work force development, incumbent work force training, or specialized business or industry training; (AA) The following commodities and services relating to proprietary software after the initial procurement: (1) Technical support incidental to supporting the continuous operation of proprietary software; (ii) Renewals; (iii) Arlriitinnal rnnipv- and hftps://advance.lexis.com/documentpage/?pdmfid=l 000516&crid=f3077419-3c00-4f4b-9f47-2d a 318835a 93&config=00JAA2ZjZiM2VhNSOwNTVILTQ3... 3/7 12/16/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 for use in goods for resale; (CC) Commodities purchased by the Division of Correction for crop production, including without limitation fertilizers, seed, seedlings, and agricultural -related chemicals; (DD) Repair services for hidden or unknown damages to machinery already purchased; and (EE) Commodities and services purchased by an academic medical center using revenue derived from and used for patient care and hospital enterprises; (15) (A) (i) "Grant" means the furnishing by the state of assistance, whether financial or otherwise, to any person to support a program authorized by law. (ii) "Grant" does not include an award the primary purpose of which is to procure an end product, whether in the form of commodities or services. (B) A contract resulting from such an award is not a grant but a procurement contract; (16) "May" means the permissive; (17) "Paper product" means any item manufactured from paper or paperboard; (18) "Person" means any business, individual, union, committee, club, or other organization or group of individuals; (19) "Political subdivisions" means counties, municipalities, and school districts; (20) (A) "Procurement" means the buying, purchasing, renting, leasing, or otherwise obtaining of any commodities or services. (B) "Procurement" also includes all functions that pertain to the obtaining of any public procurement, including description of requirements, selection and solicitation of sources, preparation and award of contract, disposal of commodities, and all phases of contract administration; (21) "Procurement agency" means any state agency that is authorized by this subchapter, by implementing rules, or by way of delegation from the State Procurement Director to contract on its own behalf rather than through the central contracting authority of the State Procurement Director; (22) (A) "Procurement agent" means any person authorized by a state agency not having an agency procurement official to enter into and administer contracts and make written determinations and findings with respect to contracts, in accordance with procedures prescribed by this subchapter. (B) "Procurement agent" also includes an authorized representative acting within the limits of authority; (23) (A) "Public funds" means all state -appropriated and cash funds of state agencies, as defined by applicable law or official ruling. (B) Without necessarily being limited thereto, "public funds" does not include: (i) Grants, donations, research contracts, and revenues derived from self-supporting enterprises that are not operated as a primary function of the agency, no part of which funds are deposited into the State Treasury; and (ii) Revenue derived from patient care and self-supporting hospital enterprises of an academic medical center; (24) "Public notice" means the distribution or dissemination of information to interested nartiac iminn mPthnric that- arP raaannahly availahla Siirh mPthorlc will oftan inrlurip https://advance.lexis.com/documentpage/?pdmfid=I 000516&crid=f3077419-3cOO-4f4b-9f47-2da 3l 8835a93&confiig=OOJAA2ZjZiM2Vh N SOwNTVILTQ3... 417 12/16/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 (29) (A) "Purchase request" means that document, written or electronic, in which a using agency requests that a contract be obtained for a specified need. (B) "Purchase request' may include, but is not limited to, the technical description of the requested item, delivery schedule, transportation, criteria for evaluation of solicitees, suggested sources of supply, and information supplied for the making of any written or electronic determination and finding required by this subchapter; (26) "Recycled paper" means paper which contains recycled fiber in a proportion specified by the State Procurement Director; (27) (A) "Services" means the furnishing of labor, time, or effort by a contractor that does not produce tangible commodities. (B) "Services" includes without limitation: (i) Consulting services; (ii) Personal services; (iii) Professional services; (iv) Technical and general services; and (v) The furnishing of labor, time, or effort by a contractor for the generation, customization, configuration, or development of software and other intangible property other than technical support incidental to the procurement of proprietary software. (C) "Services" does not include employment agreements, collective bargaining agreements, exempt commodities and services, or architectural or engineering contracts requiring approval of the Building Authority Division or the Division of Higher Education; (28) "Shall" means the imperative; (29) "Signature" means a manual, an electronic, or a digital method executed or adopted by a party with the intent to be bound by or to authenticate a record which is: (A) Unique to the person using it; (B) Capable of verification; (C) Under the sole control of the person using it; and (D) Linked to data in such a manner that if the data are changed, the electronic signature is invalidated; (30) (A) "State agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the state supported by appropriation of state or federal funds, except an exempt agency pursuant to subdivision (13) of this section. (B) "State agency" includes an exempt agency when any agency or exempt agency procures any item subject to Arkansas Constitution, Amendment 54; (31) (A) "State contract' means a contract for the procurement of commodities or services in volume, awarded by the State Procurement Director. (B) The contract may apply to all or part of the state; (32) "State Procurement Director" means the person holding the position created in § 19- 11-216, as the head of the Office of State Procurement; (33) "Suspension" means the disqualification of a person to receive invitations for bids, requests for proposals, or the award of a contract by the state for a temporary period pending the completion of an investigation and any legal proceedings that may ensue hPraimp n nar-,nn is ciicnPrtPrl iinnn nrnhahlP raiigP of Pnnaninn in rriminal fraiirl0pnt nr https://advance.lexis.com/documentpage/?pdmfid=l 000516&crid=f3077419-3c00-4f4b-9f47-2d a 318835a 93&config=00JAA2ZjZi M2Vh NSOwNTVI LTQ3... 517 12/16/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 (34) (A) "Technical and general services" means: (i) Work accomplished by skilled individuals involving time, labor, and a degree of expertise, in which performance is evaluated based upon the quality of the work and the results produced; (ii) Work performed to meet a demand, including, but not limited to, work of a recurring nature that does not necessarily require special skills or extensive training; or (Ili) The furnishing of labor, time, or effort by a contractor or vendor, not involving the delivery of any specific end product other than reports that are incidental to the required performance. (B) "Technical and general services" shall not be construed to include the procurement of professional services under § 19-11-801 et seq.; (35) "Using agency" means any state agency which utilizes any commodities or services purchased under this subchapter; and (36) "Written" or "in writing" means the product of any method of forming characters on paper, other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. History Acts 1979, No. 482, § 12; 1981, No. 600, §§ 1-5; A.S.A. 1947, § 14-240; Acts 1987, No. 983, § 1; 1991, No. 128, § 1; 1991, No. 749, § 2; 1991, No. 1018, § 1; 1999, No. 1398, § 27; 2001, No. 961, § 7; 2001 No. 1237, § 2; 2001 No. 1568, § 1; 2003, No. 487, § 1; 2003, No. 1315, §§ 4-7; 2005, No. 1680, § 1; 2007, No. 478, § 2; 2009, No. 251, § 28; 2009, No. 605, § 20; 2009, No. 606, § 20; 2009, No. 1211, § 1; 2011, No. 794, § 1; 2013, No. 453, § 1; 2015, No. 218, § 21; 2015, No. 557, § 3; 2017, No. 609, §§ 1, 2; 2017, No. 707, § 58; 2017, No. 893, § 2; 2019, No. 315, §§ 1751, 1752; 2019, No. 417, §§ 1-3; 2019, No. 658, § 3; 2019, No. 910, §§ 6102, 6103. Arkansas Code of 1987 Annotated Official Edition Copyright © 2020 by the State of Arkansas All rights reserved < Previous Next > ❑'r https://advance.lexis.com/documentpage/?pdmfid=l 000516&crid=f3077419-3c00-4f4b-9f47-2da318835a93&config=00JAA2ZjZi M2Vh N SOwNTVILTQ3... 6/7 12/16/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 ' ''vu` y ' "11 'y 4 '1 ilia LK """' Copyright D 2020 LexisNexiS. https://advance.lexis.com/d ocumentpage/?pdmfid=1000616&crid=f3O77419-3cOO-4f4b-9f47-2d a3l 8835a93&config=OOJAA2ZjZi M2Vh NSOwNTVILTQ3... 717 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0259 Agenda Date: 4/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA): A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON COUNTY REGARDING FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $66,108.00 FOR THE POLICE DEPARTMENT 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 approves Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $66,108.00 for investigator activity, purchase of evidence and information, and vehicle allowances for the Police Department. City of Fayetteville, Arkansas Page 1 Printed on 41812021 Mike Reynolds Submitted By City of Fayetteville Staff Review Form 2021-0259 Legistar File ID 4/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/2/2021 Submitted Date Action Recommendation: POLICE (200) Division / Department Staff recommends approval of a memorandum of understanding with Washington County, Arkansas to accept funding from the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) in the amount of $66,108. 2930.200.2960-va rious Account Number 38070-2102 Project Number Budgeted Item? Yes Does item have a cost? NA Budget Adjustment Attached? No Budget Impact: Drug Enforcement Fund HIDTA - WAMDT 2021 Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 66,108.00 $ 66,108.00 $ 66,108.00 Purchase Order Number: Previous Ordinance or Resolution # V20180321 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 20, 2021 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: April 2, 20201 CITY COUNCIL MEMO SUBJECT: Approval of Agreement for Funding from Gulf Coast High Intensity Drug Trafficking Area RECOMMENDATION: Staff recommends approval of a memorandum of understanding with Washington County, Arkansas to accept funding from the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) in the amount of $66,108. BACKGROUND: The Gulf Coast HIDTA provides funding from the Office of National Drug Control Policy to multi -jurisdictional drug enforcement initiatives throughout Arkansas, Louisiana, Mississippi, Alabama, and Tennessee. The Fayetteville Police Department has partnered with Washington County Sheriff's Office, Springdale Police Department, Prairie Grove Police Department and the local Drug Enforcement Administration office to create the Western Arkansas Mobile Deployment Team (WAMDT) initiative with Washington County being the fiduciary agency. DISCUSSION: WAMDT's mission is to infiltrate and disrupt drug trafficking organizations (DTOs) at the street level. The Gulf Coast HIDTA funds overtime for investigator activity, covert buy money for the purchase of evidence/purchase of information (PEPI), and vehicle allowances. The Gulf Coast HIDTA has approved 2021 funding for the Fayetteville Police Department in the amount of $66,108. This amount represents overtime funding for four (4) investigators at $4,181.50 each including benefits and PEPI in the amount $49,382. This funding has a two-year life span and must be spent by December 31, 2022. WAMDT is currently preparing their 2022 funding request to the Gulf Coast HIDTA, however, future allocations are contingent upon congressional approval. BUDGET/STAFF IMPACT: This agreement has no impact on budget or staffing. Attachments: Memorandum of Understanding with Washington County Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Joseph K. 'Wood � COUNTY JUDG(: WASHINGTON COUNTY, ARKANSAS HUMAN RESOURCES OFFICE TO: HIDTA 2021 Participants: Sharon Lloyd Grants Administrator In an attempt to streamline our MOA process for the 2021 HIDTA grant, we are emailing our MOA packets this year to each Task Force. There are 2 places to sign and I page -to notarize. Once the authorized Grant representative has completed signing and page 4 has been properly notarized, you can email the complete package back to us or feel free to mail to the address below. If you have any questions please feel free to call the Grants Department in Washington County at 479 444-1896 or 479 444-1895. Washington County Grants Department 280 N College Suite 517 Fayetteville, AR 72701 Teresa SoareS Grants Admin Assistant 479-444-1896 ESE)iii�LS�li�li`��1711] �fUI�C{]Lllllyar, r}�• Sharon Lloyd Grants Administrator 479-444-1895 NII() 1d:ca���ashin �t[t11�Llttnf�r.o►' 280 N. College Avenue, Suite 510 + Fayetteville, Arkansas 72701 Telephone: ("479) 973-8465 • Fax: (479) 444-1731 HR rr.,Csr.washillgton.ar.u5 Washington County is an FIgtsal rAnployment Opportunity Nrinorities/F-einales?i.)isabilities/Veterans MEMORANDUM OF AGREEMENT BETWEEN WASHINGTON COUNTY, ARKANSAS AND FAYETTEVILL E POLICE DEPARTMENT 'Phis Agreement between Washington County, Arkansas and Fayetteville Police Department shall begin on January 1, 2021 and shall not extend beyond .December 31, 2022 unless the period is extended by modification ofthis Agreement. WIIII:REAS, Washington County, Arkansas has been designated the fiscal agent for the Gulf Coast High Intensity Drug Trafficking Area (IIIDTA) program, all requests for payments and budget reprogramming shall pass through Washington County, Arkansas, NOW, THEREFORE, Washington County, Arkansas and Gulf Coast HIDTA hereby agree to the disbursement. of I-IIDTA funds in the amount of $66,108,00 to the resource recipient, Fayetteville Police Department, under the following terms and conditions: 1. Fayetteville Police Department agrees to Follow all applicable federal, state, and local guidelines regarding purchases and other expenditures under the HIDTA program, including but not limited to, the following: OMB Circular 87, OM Circular A-102, OMG Circular A-133, 21 CFR Part. 1403, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), and the Fair Labor Standards Act (FLSA). 2. Fayetteville Police Department agrees to abide by and be bound by the attached budget (Appendix A) for purchases including future reprogramming requests as approved by Washington County, Arkansas and GUIf Coast HIDTA. Alf reprogramming requests shall be submitted via email to the Gulf Coast IIIDTA Director or Operations. DocuSign Envelope ID: 7814F3A5-1A4E-4454-B232-B4151F12CC7C 3. Requests for payment shall be submitted on a quarterly basis to the financial office through the I-11DTA State Director of Operations at the following address by the 10°i day of each month following the quarterly end: Brian Chambers HIDTA State Director of Operations 3730 Appling Road Bartlett, TN 38133 All invoices submitted shall comply with the terms noted in Appendix D. The last invoice from the Resource Recipient (Fayetteville Police Department) shall be received by the HIDTA State Director of Operations no later than the 15'1' day prior to the grant expiration date, unless the grant is extended. All reimbursement of Overtime Expenses will be submitted using the appropriate form (Appendix C) which must contain the HIDTA Group Task Force Supervisor's signature, certifying the overtime was HIDTA related and with the I11DTA case number contained therein, 4. Resource Recipient (Fayetteville Police Department) agrees to complete all applicable items .in Appendix D and return to Washington County, Arkansas along with the signed agreement. 5. Washington County agrees to transfer fiends to the resource recipient after funds have been electronically transmitted by Gulf Coast HIDTA and receipted into Washington County's Treasury Funds. 6. Resource Recipient (Fayetteville Police Department) agrees to reimburse Washington County for any invoice paid by Washington County if such is later disallowed after audit for financial review. 7. For any and all disputes arising out of this Agreement the parties hereto agree that jurisdiction will lie within Washington County, Arkansas. IN WITNESS W HEREOF, the parties acknowledge the Agreement as evidenced by their signatures below. Q«�s�nad ey: �idtif�+�Josepin Wood Fayetteville Police Department Washington County .fudge Resource Recipient H I DTA 2021 Disclosure of High Risk Status G21GC0004A Fayetteville Police Department is not currently designated high risk by another federal grant making agency. Fayetteville Police Department Resource Recipient ACKNOWLEDGMENT STATE OF ARKANSAS )SS COUNTY OF On this day before the undersigned, a Notary Public, duly qualified and acting in and for the county and state aforesaid, personally appeared , satisfactorily proven to be the person whose name appears in the foregoing instrument, and stated that he/she had executed the same for the consideration, uses and purposes therein. stated. In witness whereof, I hereunto set my hand and seal on this day of ..._, 2021. Notary Public My Commission Expires: APPENDIX A BUDGET DocuSign Envelope ID: A41AF651-CD89-4BBE-BE61-E8AD38432B58 Budget Detail 2021 - Gulf Coast Initiative - Western Arkansas Mobile Deployment Team Interdiction Award Recipient - County of Washington (G21GC0004A) Resource Recipient - Fayetteville Police Department Indirect Cost: 0.0% Total Other $49,382.00 Total Budget $66,108.00 Page 12 of 15 2/16/2021 9:15:39 AM APPENDIX B Sub -award Issued "l'o: Fayetteville Police Department Federal Award Identification No. (VAIN): G21 GC0004A Federal Award Date: 03/01 /2021 Period of Performance: 01 /01 /2021-12/31 /2022 Amount of Federal Funds Obligated by this Award to Fayetteville Police Department: $66,108.00 Total Amount of Federal Funds Obligated to Fayetteville Police Department including the current obligation (G 18+G19-G20+G2I ): $405,234.80 Total Amount of Federal Award committed to Fayetteville Police Department by Washington County, Arkansas as received from, Gulf Coast HIDTA: $709,662,66 Federal Award Project Description: This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Gulf Coast HIDTA and approved by the Office of National Drug Control Policy (ONDCP). Federal Awarding Agency: Executive Office ofthe President Office of National Drug ControlPolicy Grantee (Pass 'l'hrougli 1lntity): Washington County, Arkansas Sheriff Tirn Helder County Judge Joseph Wood 1155 Clydesdale Drive Fayetteville, AR 72701 CFDA Name and Number: High Intensity Drag Trafficking AreasProgram-95.001 No indirect costs (as defined in CFR 200.414 Indirect (F&A) costs) have been authorized with this grant award. All requests for reimbursement must be by the 10t' day ofthe month following the end of each quarter and shall be directed to: Brian Chambers HIDTA State Director of Operations Arkansas/Tennessee 3730 Appling Road Bartlett, TN 38133 APPENDIX C Caculation of HIDTA Reimbursable Overtime TFO's NAME HIDTA Overtime this period TFO's Regular pay rate TFO's Overtime rate @ 1.5 *fill in below only if agency is claimimg fringe associated with HIDTA overtime TFO's Fringe FICA Life Health Retirement Workman's 0.00% Fringe % Overtime X Fringe % *please note these are the only allowable fringe cost the HIDTA program will reimburse lox * Please note this total must match what was paid on checkstub or payroll report submitted Caculation of Overtime $ - Rate X Hours with claim* *Please note only utilize this is agency is claiming fringe* 1.5 rate or regular Overtime rate + rate +fringe rate Overtime rate w/ Fringe % $ fringe cost per hour ($50.10+$6.71) without fringe X jTotal HIDTA Request $ hours ($56.81*20 hrs) APPENDIX D A. Ceneti•al Ternis and Conditions L This award is subject to The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 (the "Part 200 Uniform Requirements"), as adopted and implemented by the Office of National Drug Control Police (ONDCP) in'-) C.F.R. Part 3603. For this 2021 award, the Part 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. For more information on the Part 200 Uniform Requirements, see Iittps./kfo.govicofarl. For specific, award -related questions, recipients should contact ONI:)C.P promptly for clarification. 2. This award is subject to the following additional regulations and requirements: a. 28 CFR Part 69-"New Restrictions on Lobbying" b. 2 CFR Part 25-"Universal Identifier and System of Award Management" c. Conflict of Interest and Mandatory Disclosure Requirements, set out in paragraph 7 of these terms and conditions d. Non-profit Certifications (when applicable) Audits conducted pursuant to 2 CFR Part 200, Subpart F, "Audit .Requirements" must be submitted no later than 9 months after the close of the grantee's audited fiscal year to the Federal Audit. Clearinghouse at htt )s //haryester.c4tisus.S,0V/lacweb/. 4. The recipient gives ONDCP or the Governnient Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. Recipients of H1DTA funds are not agents ofONDCP. Accordingly, the grantee, its fiscal ageat(s). employees, contractors, as well as state, local and Federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. 6. "These general terms and conditions as well as archives of previous versions of the general terms and conditions are available online at wwN :A'hitehnuse. xovlonde �I=rants 7. Conflict of Interest and Mandatory Disclosures a. Conflict of Interest Rec uirements As a non -Federal entity, you must follow ONDCP's conflict of interest policies for Federal awards. Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer; recipients that are pass -through entities must require disclosure from sub - recipients or contractors. This disclosure must take place immediately whether you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub -awards as well as contracts, and are as follows: i. As a non -Federal entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, award, and administration of sub -awards and contracts. ii. None of your employees may participate in the selection, award, or administration of a sub -award or contract supported by a Federal award if he or she has an apparent conflict of interest. Such a conflict of' interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered :for a sub -award or contract. The officers, employees, and agents of the non -Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from stab -recipients or contractors or parties to sub -awards or contracts. iii. If you have a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, you must also maintain written standards of conduct covering organizational conflict of interest. Organizational conflict of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub - award or procurement action involving a related organization. b. Mandatory Disclosure RcLuirement As a .non -Federal entity, you must disclose, in a timely manner, in writing to ONDCP all violations of Federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Federal award. Non -Federal entities that have received a Federal award that includes the term and condition outlined in 200 CFR Part 200, Appendix RII "Award 'Perm and Condition for Recipient Integrity and Performance Matters," are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency, disallowance of all or part of the costs associated with noncompliance, suspension, and tern.iinatiotn of award, debarment, or other legally available remedies outlined in 2 CFR 200.33$ "Remedies for Noncompliance". c. FEKI 117ATA Act C onz 2l iance Each applicant isrequired to L Be registered in the System for Award Management: (SAM) before submitting its application ii. Provide a valid DUNS number in its application iii. Continue to maintain an active SAM. registration with current i.nl'ormation at all times during which it has an active Federal award iv. Provide all relevant grantee information required for ONDCP to collect for reporting related to FFATA and DATA Act requirea.nents. 8. Washington County, Arkansas, as the Grantee, is required to monitor this subaward as outlined in 2 C"FR 200,331. 9, Recipients must comply with the Government -wide Suspension and Debarment provision set forth at 2 CFR Part 180. 10. As specified in the .HIDTA Program Policy and Budget Guidance. recipient must: a. Establish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award funds are managed in compliance with Federal statutes, regulations and award terms and conditions. `.These internal controls should be in compliance with the "Standards for Internal Control in the Federal Government," issued by the Comptroller General of the United States and the "Internal Control Integrated Framework," issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). b. Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. c. Evaluate and monitor compliance with applicable statutes, regulations, and the terms and conditions of the Federal awards. d. Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings. e. Take reasonable measures to safeguard protected personally identified information (Pll) and other information ONDCP or the recipient designates consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. B. I'ro�ar.irn Specific Terms and Conditions The following special conditions are incorporated into each award document. This grant .is awarded for above program. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set I:orth in ONDCP's I IIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. 3, No IIIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of IIIDTA Program funds for confidential expenditures; i.e., the purchase of information, evidence, and services for undercover operations. 'those procedures are described in Section 6 of the HIDTA Program Policy and budget Guidance. 6. Property acquired with these IIIDTA grant funds is to be used for activities of the Gulf Coast HIDTA, this equipment must be jade available to the H1D'I'A's Executive Board for use by other H.IDTA participants. 7. All law enforcenlent entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine.Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Federal Award Performance Goals L All entities that receive funds froin this award are responsible for achieving performance goals established in the HLDTA Performance Management Process (I'MP) and approved by the IIID'rA's Executive Board and ONDCP. Z. All entities that receive funds from this award must report progress in achieving performance goals at least quarterly using the PMP. ACCEPTANCE OF GRANT CONDITIONS 4e _ Date: Fayetteville Police Department Resource Recipient City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1012 Agenda Date: 4/20/2021 Version: 1 Status: Tabled In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 SHORT-TERM RENTAL REGULATIONS: AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS, AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO PERMIT AND INSPECT THE RENTALS WHEREAS, in July of 2019 the City Council adopted Resolution 172-19 requesting the study and development of an ordinance for short-term rentals for their consideration; and WHEREAS, it is estimated that there are approximately 500-600 short-term rental units in Fayetteville; and WHEREAS, the Fayetteville City Code does not have specific rules for short-term rentals and they have been treated as hotels/motels in the zoning code which prevents them from legally operating in any residential single-family zoning district. 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 amends § 118.01 Applicability of Chapter 118 Business Registry and Licenses, Chapter 151 Definitions, Chapter 161 Zoning Regulations, § 162.01 Establishment/Listing of Chapter 162 Use Units, and Chapter 163 Use Conditions of the Unified Development Code by adopting the changes as shown on Exhibit 1 attached hereto and made a part hereof classifying the types of short term rentals and creating regulations to permit and inspect short term rentals in the City of Fayetteville. Section 2 : Sunset Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that this 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 termination section. City of Fayetteville, Arkansas Page 1 Printed on 41812021 TO: FROM: MEETING DATE: CITY ❑F FAYETTEVILLE ARKANSAS City of Fayetteville City Council CITY COUNCIL MEMO Mary McGetrick, Long Range Planning Manger January 1311, 2021 SUBJECT: ADM 20-7000 Administrative Item (Amend Fayetteville Code of Ordinances: Short-term Residential Rentals): Submitted by the Development Services Department for revisions to the Fayetteville Code of Ordinances for short-term residential rentals. RECOMMENDATION: Staff recommends forwarding the proposed code change to the City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to approve ADM 20-7000 as recommend by City staff." BACKGROUND: The short-term rental code amendments were approved by Planning Commission at the **** meeting. Staff presented a recommended code change along with alternatives. There were several members of the public at the meeting and a variety of perspectives were shared about how the city should handle short-term rentals. The recommended code amendments in this report have been revised to incorporate the legal recommendations from the City Attorney's office. The primary revisions from the City Attorney's office included relocating many of the short-term rental requirements from Chapter 163 into Chapter 118, Business Licenses, changing enforcement staff to the Development Services Director, replacing "shalls" in certain places with "mays", removing the requirement for liability insurance, and clarifying what is required for building inspection. A short-term rental (STR) is the leasing out of a furnished residential dwelling on a short-term basis, generally less than a month. It is estimated that there are approximately 500-600 STR units in Fayetteville. However, Fayetteville's codes do not have specific rules for STRs and they are classified as hotels/motels in the zoning code. This prevents them from legally operating in a single-family district and there are numerous STRs currently in violation. In July 2019 the City Council adopted Resolution 172-19 directing staff to study and develop an ordinance for STRs for their consideration. Public Input: As the first step in studying STRs, the City hosted a focus group on August 19, 2019. The focus group represented various perspectives including neighborhood representatives, concerned citizens, rental owners and managers, and hotel owners. The group was guided by a professional facilitator to identify key issues and recommendations in moving forward with local rules for STRs. On September 30, 2019, the city hosted an open public input meeting which allowed all attendees to provide input in writing and verbally on the issues identified by the focus group. The city staff continued to take comment from the public and elected officials over the last Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 few months. After reviewing the public comment and completing extensive research on many cities' short-term rental codes, the City's consultant on the project, Garver LLC, completed a first draft of revisions to the Fayetteville Code of Ordinance for STRs. This first draft was presented to the same focus group on January 15, 2020 for their review and comment. Staff presented the final draft ordinance, for comment, to the focus group on November 5th, 2020 DISCUSSION: The Development Services Department and their consultant, Garver LLC, have drafted amendments to the Fayetteville Code of Ordinances for short-term residential rentals. The primary issues proposed in the previous revisions include the following: • Location: STRs would be allowed by right in all zoning districts where residential dwellings and hotel/motel uses are allowed. • Type 1 and Type 2 STRs: There are two types of STRs. Type 1 is a full-time residence and Type 2 is a full-time STR. Type 1's are not subject to density limitations, Type 2's are subject to density limitations. • Residency: A permanent resident does not have to live in the STR dwelling. • Occupancy: Maximum of 2 people per bedroom plus 2, with a maximum ^f Q people regardless of the nurvmhor of bedr,,,,A definition of bedroom is included. • Permit: a business license must be obtained prior to operation. • Inspection: prior to approval of a business license the rental unit must pass a safety and egress inspection conducted by the Fayetteville Building Safety Division. A life safety and egress inspection will verify the basic life safety requirements like fire alarms and basic egress requirements like a door. The requirement for an inspection every three years has been removed; an inspection is only required for the initial license. • Grace period: 6 months for existing STRs to obtain inspection and business license. After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short- term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre-existing short- term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short- term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01 (E)(9)(e) of the Unified Development Code to the City's satisfaction. Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. G:\ETC\Development Services Review\2020\Development Services\20-7000 ADM Amend Code of Ord. - Short Term Residential Rentals Special events: No parties or special events allowed in STIRS by right. Parking: Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. Density limitations: Density limitations only apply to Type 2 STIRS. A city-wide density cap of one percent (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 the following: o (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. o (b) More than ten percent (10 %) dwellings units as Type 2 rentals within a multi- family dwelling complex o (c) Individual 2-family, 3 and 4-family buildings that are owned by the same person or entity 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. o (d) Type 2 short-term rentals in commercial and mixed -use zoning districts where hotel/motel are permitted by right shall not count towards the city-wide density cap. o (e) Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings as specified in Chapter Fees: STIRS would only be subject to the typical business license and occupancy inspection fees. Exceptions: Exceptions to the short-term rental code are subject to review as a conditional use permit. Request: Staff requests that the City Council amend chapter 118 of the Business Regulations and chapters 151, 161, 162, and 163 of the Unified Development Code for short-term rentals. The code changes are described above and shown in the attached strikeout -highlight version of the code. STAFF RECOMMENDATION: Staff recommends that the City Council approve the code changes as outlined above and in the attached ordinance. BUDGET/STAFF IMPACT: N/A Attachments/website: Proposed code changes shown in strikeout — Updated 1/10/21 City of Fayetteville short-term rental website http://www.favetteville-ar.gov/3801/Short-Term-Rentals G:\ETC\Development Services Review\2020\Development Services\20-7000 ADM Amend Code of Ord. - Short Term Residential Rentals 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 118: - BUSINESS REGISTRY AND LICENSES 118.01 -Applicability (A) General Businesses. (1) All businesses, institutions, corporations, LLCs, LLPs, partnerships, non-profit associations or corporations, sole proprietorships or other non -governmental entities with a physical address or which operates either a legally permitted home occupation or a short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. A covered business or entity with multiple physical addresses in Fayetteville must obtain a separate business license for each such business address. (2) In addition, any person or non -governmental entity who has or should have a sales tax permit and operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (3) In addition, any person or non -governmental entity who is engaged in any trade or occupation which requires federal or state licenses and who operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (B) Religious Entities. Churches and other religious institutions are exempt from this chapter unless they are performing functions like daycare that must be licensed by the state or that generate revenue upon which state sales or use taxes must be paid. The city business license shall not be required for the religious entity but only for those functions that require a state license or upon which state sales or use taxes must be paid. (C) Minors Exempt. No individual under eighteen (18) years of age shall be required to register or obtain a business license. (D) Individual Landlords Renting Less Than Three (3) Dwelling Units Exempt. An individual landlord, not operating as a corporation, LLC, LLP, or other business entity, who rents out less than three (3) dwelling units, and no commercial, industrial, or institutional unit, site or building shall be exempt from this chapter. However, a landlord that operates a short-term residential rental shall not be exempt and must apply for and obtain a business license for each individual short-term rental. (E) Short-term rentals. A residential dwelling unit, portion of a dwelling unit, or room 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. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 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 prior to the City issuing a business license, except as defined in �118.01(E)(4). (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 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE (b) The owner has designated an agent, where said agent fully complies with all legal reauirements and duties imposed herein with respect to every short-term rental. The owner may serve as their own agent. (4) 6 Month Start-up Period. After the enactment of the short term rental ordinance, existing short term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6 month start-up period, all short term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. (a) After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short-term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre- existing short-term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short-term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e) of the Unified Development Code to the City's satisfaction. (b) Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (c) All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. No hosting platform shall facilitate or conduct any booking transaction for a short-term rental in the City without the short-term rental first obtaining and maintaining possession of the requisite business license. A separate business license shall be reauired for each dwellina unit used as a short-term rental Any change in ownership requires a new or amended business license. 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 writina (9) 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. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE (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. 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 Zoning and Development Administrator. 10) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE 11) Leoal Duties of License Holders. An owner oossessina a short-term rental license shall com 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. Exceptions to the occupancy standards for short- term rentals may be aranted by the Plannina Commission as a conditional use permit. 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. No hosting platform or owner/agent may offer, advertise, book, facilitate, or engage in short-term rental activity or advertisement that violates any provision of the short-term rental code. c) Information and Postina. Business licensees shall provide to auests and post uously in the common area of the short-term rental unit the City phone number to report a safety complaint. (12) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during quest occupancy, including nights and weekends, in order to facilitate 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) hour of being contacted if required and at the sole discretion of by emergency services or the Zoning and Development Administrator. (13) 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 years and shall be provided to the City upon request. (14) 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. (15) Criminal activity. The owner shall timely report any known or reasonably suspected criminal activity by a quest to the Fayetteville Police Department. (16) 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 obliaation to pav taxes and fees owed pursuant to this section. (17) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be aranted by the Zonina and Development Administrator throuah the issuance of a Citv of Fayetteville Business Registry and License (business license). (18) Density For Type 2 Short-term Rentals. A city-wide density cap of one percent (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 hiaher. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. (b) More than ten (10) percent of total dwelling units as Type 2 rentals within a multi -family dwelling complex. c) Individual 2-family, 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 2 short-term rentals in commercial and mixed -use zonina districts where hotel/motels are permitted by right shall not count towards the city-wide density cap. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE 19) Suspension and Revocation. If the Zoninq and Development Administrator 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 full night, or to more than one part of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the Zoning and Development Administrator 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. (20) Short-term rentals must comply with all applicable codes under Unified Development Code Chapter 163.18 and successfully obtain a business license prior to operation. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 151: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 151: DEFINITIONS Agent, Owner -Designated. A person designated by the owner of a property, where designee has a physical address within the City of Fayetteville, is accessible 24-hours a day, and otherwise in compliance with the UDC reauirements for short-term rentals. The owner may serve as their own aaent. Bedroom. A fully enclosed portion of a building designed or intended to be used principally for sleeping purposes. Booking transaction. Any contractual agreement between a quest and an owner relative to a short-term rental. Dwelling unit (zoning). One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Guest, Short-term rental. Any person who occupies a short-term rental, for a period of less than 30 consecutive days, pursuant to a short-term rental lease term and/or other like agreement, for the purposes of temporary lodging. Host, Short-term rental. The owner(s) of a short-term rental who has authority to offer the dwelling unit, portion thereof. or a room within the dwellina unit as a leaal short-term rental. Owner. A person who owns at least a 50 percent interest in a dwelling unit used for short-term rentals. Permanent residential dwelling. A structure that has been legally permitted or is a legal, non -conforming structure allowed for permanent occupancy as a residential dwelling. Hosting Platform. A person or entity that participates in the short-term rental business by providing and collecting or receiving a fee(s) for facilitating booking transactions through which a short-term rental host may offer a short-term rental to a short-term rental guest. Hosting platforms typically, though not always, facilitate booking transactions through an on line platform that allows a short-term rental host to advertise the short-term rental through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential short-term rental guest reserve a guestroom(s) and arrange payment, whether the short-term rental guest pays rent directly to the short-term rental host or to the hosting platform. Short-term rental. A residential dwelling unit, portion of a dwelling unit, or room within a residential dwelling unit, leased and/or rented to a quest(s), for a period of less than thirty consecutive (30) days. 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. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Type 1 short-term rental. 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 prior to the City issuing a business license. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 161: - ZONING REGULATIONS 161.02 - Zoning Compliance And Business License (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a business license has been issued by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. (B) Conforming Uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to §118 of the Fayetteville Code. (C) Nonconforming Uses. (1) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to September 7, 2010 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 3 Public protection facilities 4 Cultural and recreational facilities 5 Government facilities 6 Agricultural 7 Animal husbandry 12a Limited business 13 Eating places 15 Neighborhood shopping goods 24 Home occupation 25 Offices, studios, and related services FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE (2) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 2 City-wide uses by conditional use permit 14 Hotel, motel and amusement facilities 16 Shopping goods 17 Transportation trades and services 18 Gasoline service stations & drive in/drive through restaurants 191 Commercial recreation, small sites 201 Commercial recreation, large sites 211 Warehousing and wholesale 221 Manufacturing 231 Heavy industrial Wholesale bulk petroleum storage 27 facilities with underground tanks 28 1 Center for collecting recyclable materials 291 Dance halls 30' Extractive uses FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 31 Facilities emitting odors/handling explosives 32 Sexually oriented businesses 33 Adult live entertainment club or bar 341 Liquor stores 351 Outdoor music establishments 361 Wireless communications facilities 381 Mini -storage units 391 Auto salvage and junk yards 401 Sidewalk cafes 421 Clean technologies 431 Animal boarding and training 161.3 - District R-A, Residential -Agricultural (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 I Agriculture Unit 7 I Animal husbandry Unit 8 Single-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 1 Accessory dwellings Unit 43 1 Animal boarding and training Unit 46 Short-term rentals 161.4 -District RSF-.5, Residential Single -Family -One Half (%) Unit Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.5 - District RSF-1, Residential Single -Family - One (1) Unit Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 F Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.6 -District RSF-2, Residential Single -Family -Two (2) Units Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.7 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.8 - District RSF-7, Residential Single -Family - Seven (7) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.9 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 8 I Single-family dwellings Unit 41 I Accessory dwellings Unit 46 Short-term rentals 161.11- District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (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 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals 161.12 - District RI-U, Residential Intermediate - Urban (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 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals 161.13 - District RMF-6, Residential Multi -Family - Six (6) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 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 rental 161.14 - District RMF-12, Residential Multi -Family - Twelve (12) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.15 - District RMF-18, Residential Multi -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.16 - District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.17 - District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right 'I Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.18 - NS-L, Neighborhood Services - Limited (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 Limited Business 12a Unit 24 Home occupations FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rental 161.19 - NS-G, Neighborhood Services - General (B) Uses. (1) Permitted Uses. Unit 1 1 City-wide uses by right Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 I Three (3) and four (4) family dwellings Unit 12b I General business Unit 24 1 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rental 161.20 - District R-O, Residential Office (B) Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE (1) Permitted uses. Unit 1 I City-wide uses by right Unit 5 I Government facilities Unit 8 I Single-family dwellings Unit 9 I Two-family dwellings Unit 12a . Limited business Unit 25 I Offices, studios, and related services Unit 41 I Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rental -I 161.22 - Community Services (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 101Three (3) and four (4) family dwellings Unit 13 Eating places FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 15 Neighborhood Shopping goods Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.24 - Urban Thoroughfare (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 I Single-family dwellings Unit 9 I Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 13 I Eating places Hotel, motel and amusement Unit 14 services Unit 16 I Shopping goods Unit 17 I Transportation trades and services Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Offices, studios, and related Unit 25 services Unit 26 Multi -family dwellings Unit 34 I Liquor store Unit 40 I Sidewalk cafes Unit 41 I Accessory Dwellings Unit 44 I Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.25 - District C-3, Central Commercial (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 13 1 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 I Shopping goods Gasoline service stations & drive-in Unit 18 restaurants Unit 19 Commercial recreation, small sites Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family dwellings Unit 34 1 Liquor stores Unit 40 1 Sidewalk Cafes Unit 44 1 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.26 - Downtown Core (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 4 1 Cultural and recreational facilities Unit 5 I Government facilities Unit 8 I Single-family dwellings Unit 9 I Two-family dwellings Three (3) and four (4) family Unit 10 dwellings Unit 13 I Eating places Hotel, motel, and amusement Unit 14 facilities Unit 16 I Shopping goods Unit 17 I Transportation trades and services Unit 19 I Commercial recreation, small sites Unit 24 I Home occupations Offices, studios, and related Unit 25 services Unit 26 1 Multi -family dwellings Unit 34 Liquor stores Sidewalk Cafes Accessory dwellings Cluster Housing Development Small scale production Short-term rental Unit 40 Unit 41 Unit 44 Unit 45 Unit 46 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.27 - Main Street/Center (B) Uses. (1) Permitted uses. Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 I Three (3) and four (4) family dwellings Unit 13 1 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 I Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations 1 Unit 25 Offices, studios, and related services I Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.28 - Downtown General (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 45 Small scale production Unit 46 Short-term rental 161.29 - Neighborhood Conservation (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rental I FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 162: - USE UNITS 162.01 - Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit I Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 6 Agriculture Unit 7 1 Animal husbandry Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 1 Three (3) and four (4) family dwellings Unit 11 1 Manufactured home park Unit 12a I Limited business Unit 12b General business Unit 13 Eating places Unit 14 I Hotel, motel and amusement facilities Unit 15 I Neighborhood shopping goods Unit 16 Shopping goods -I FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 17 Transportation Trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 20 I Commercial recreation, large sites Unit 21 I Warehousing and wholesale Unit 22 I Manufacturing Unit 23 1 Heavy industrial Unit 24 1 Home occupation Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family dwellings Wholesale bulk petroleum storage facilities Unit 27 with underground storage tanks Unit 28 I I Center for collecting recyclable materials Unit 29 I Dance halls Unit 30 I Extractive uses Facilities emitting odors & facilities Unit 31 handling explosives Unit 32 I Sexually oriented business Unit 33 I Adult live entertainment club or bar � Unit 34 I Liquor stores Unit 35 'I Outdoor music establishments FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini -storage units Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental (0) Unit 14. Hotel, Motel, and Amusement Facilities. (1) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included Uses. Hotel Membership lodge Motel Motion picture theater Night club, not providing dancing or outdoor music I Tavern, not providing dancing or outdoor music Use Unit 46, Short-term rental is also permitted within Use FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 14 (UU) Unit 46. Short-term rental. Unit 46 is provided to allow a permanent residential dwelling unit, portion of a ailing unit, or room within a residential dwelling unit, to be leased and/or rented to a guest(s) Tor a penoa oT iess Included Uses. Short-term rentals 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 163: - USE CONDITIONS 163.01 - Listing The use conditions set forth in this chapter are the following: Bed and breakfast facilities Carnival, circus, amusement park or similar temporary open-air enterprise Child care, nursery school Dance halls Facilities emitting odors and facilities handling explosives Home occupations Manufactured homes Outdoor music establishments Sexually oriented businesses Short-term rentals Tandem lot development Wireless communications facilities 163.18 —Short-term rentals (A) General Standards. Residential Zoning Districts. Short-term rentals may be permitted in all zoning districts where residential uses are allowed by riaht. (2) Commercial and Mixed Use Zoning Districts. Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings as specified in Chapter 118 of the Fayetteville City Code. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STIR EDITS IN STRIKEOUT -UNDERLINE (3) Occupancy. Maximum of two (2) people per bedroom, plus two (2), w4h a ga*ir- , ,m r,f�� ^^^^I^ regardless ^f the number ^f bedrooms for the entire unit. (4) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (5) 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. (6) Short-term rental units are permitted 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. (7) 6 Month Start-up Period. After the enactment of the short-term rental ordinance, existing short- term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6-month start-up period, all short-term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short-term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre- existing short-term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short-term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e) of the Unified Development Code to the City's satisfaction. (b) Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently ooeratine short-term rentals. (c) All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. (8) 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. (9) Short-term rentals must comply with all applicable codes under City Code Section 118.01 and successfully obtain a business license prior to operation. Real Estate Investors NWA — Arkansas Short Term Rental Alliance Position Paper: Fayetteville Short Term Rental Ordinance December 17, 2020 In an effort to provide input for further consideration and revision regarding the proposed Short Term Rental Ordinance suggested at the December 1st City Council meeting, Real Estate Investors NWA and Arkansas Short Term Rental Alliance has drafted a Position Paper to present our views. Below are the Issues we find challenging and recommendations for further discussion. 1. Conditional Use Permit and Inspections We find the Conditional Use Permit too onerous for Type 2 STR owners and suspect it will also be burdensome to city officials charged with enacting the process. Most Type 2 owners are small investors unfamiliar with this process and we believe a blanket regulation such as this would lead to confusion, filing errors and ultimately noncompliance. SUGGESTED REVISION: We recommend this regulation be eliminated or alternatively with implementation only after the 2% Density Cap has been reached. A general Fire Inspection for each unit seems reasonable and would address any safety concerns while identifying possible code violations. The inspection process is already in place and would be the least burdensome on city officials. 2. 8-Person Cap on STR We find this regulation to be particularly burdensome. STR are neither residential owners nor hotels. We fall somewhere in between and are actually a separate business category. We understand the intent of both the Planning Commission and City Council is to make STRs legal without diminishing the beneficial aspects for entertainment, short term training/educational programs, prospective new residents and many other legitimate uses of temporary housing. Placing an 8-person cap on STR eliminates a large portion of our market, particularly the higher end housing so desired by event visitors, professionals exploring our "funky" city prior to a move and other social purposes. The harm this cap imposes includes unnecessarily restricting Highest and Best use for our properties, eliminating potential users of STR housing and lower revenue for both owners and the city SUGGESTED REVISION: We recommend the regulation remain 2 people per bedroom plus 2 and that the 8-person cap be eliminated. 3. Cap of 1 STR Unit Per Multi -Family Property We find this item to be an unwarranted over -regulation with no foundation, cause or need. It hampers our ability to efficiently maintain our units and is a gross interference in the ability to run our businesses as we see fit. Ultimately, we feel this will be deemed unconstitutional and again limit our capacity to operate our property in the Highest and Best use possible. SUGGESTED REVISION: We recommend this restriction be eliminated entirely. 4. Permanent Structure Requirement Part of the value and desirability of STRs is for renters to experience new, different and creative accommodations. Currently, there are many examples in Fayetteville including recreational vehicles, houseboats and even a Tree House. We believe these alternative housing options to be of great benefit and a major attraction to visitors of our unique city. SUGGESTED REVISION: We feel this requirement would benefit from further study and propose a 1-year review of STR uses and accommodations. At the end of the year, if there is deemed to be a problem, further action can be taken at that time. S. Owner or Agent Accessibility We feel the 24-7 availability and particularly the requirement of an agent to be physically present at the STR within one hour is unreasonable and probably unworkable. SUGGESTED REVISION: The availability requirement should be no different than that of any landlord or personal residential owner. 6. Special Events Prohibition We find this restriction unnecessary and confusing. Special events or temporary housing related to special events are the main purpose for STRs. Weddings at luxury accommodations, anniversaries, family reunions and other private parties are the reason renters seek STRs. Weekend corporate training events serve a beneficial and legitimate purpose for STRs. All these events and others not listed bring visitors, revenue and goodwill to Fayetteville. SUGGESTED REVISION: We find no reason or need for this restriction and recommend it be removed. If there is some foundational cause the planners were trying to accomplish, it should be more clearly defined and open to further discussion. It is our desire that this Position Paper be used to facilitate more dialogue resulting in an Ordinance beneficial to all parties. We hope the experience will foster additional collaboration among our members as stakeholders in providing a vibrant, fun and beneficial short term rental market within our beloved City of Fayetteville. Respectfully submitted, Real Estate Investors NWA Arkansas Short Term Rental Alliance City of Fayetteville Staff Review Form 2020-1012 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mary McGetrick 11/12/2020 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: STAFF RECOMMENDS APPROVAL OF A SHORT-TERM RENTALS ORDINANCE CLASSIFYING THE TYPES OF SHORT-TERM RENTALS AND CREATING REGULATIONS TO PERMIT AND INSPECT THE RENTALS. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 Original Contract Number: CITY ❑F FAYETTEVILLE CITY COUNCIL MEMO ARKANSAS TO: FROM: MEETING DATE: City of Fayetteville City Council Garner Stoll, Development Services Director December 111, 2020 SUBJECT: ADM 20-7000 Administrative Item (Amend Fayetteville Code of Ordinances: Short-term Residential Rentals): Submitted by the Development Services Department for revisions to the Fayetteville Code of Ordinances for short-term residential rentals. RECOMMENDATION: STAFF RECOMMENDS APPROVAL OF A SHORT-TERM RENTALS ORDINANCE CLASSIFYING THE TYPES OF SHORT-TERM RENTALS AND CREATING REGULATIONS TO PERMIT AND INSPECT THE RENTALS. RECOMMENDED MOTION: "I move to approve ADM 20-7000 as recommend by City staff." BACKGROUND: The short-term rental code amendments were approved by Planning Commission on February 24 of 2020. Staff presented a recommended code change along with alternatives. There were several members of the public at the meeting and a variety of perspectives were shared about how the city should handle short-term rentals. The recommended code amendments in this report have been revised to incorporate the legal recommendations from the City Attorney's office and Planning Commission. The primary revisions from the City Attorney's office included relocating many of the short-term rental requirements from Chapter 163 into Chapter 118, Business Licenses, changing enforcement staff to the Development Services Director, removing the requirement for liability insurance, and clarifying what is required for building inspection. A short-term rental (STR) is the leasing out of a furnished residential dwelling on a short-term basis, generally less than a month. It is estimated that there are approximately 500-600 STR units in Fayetteville. However, Fayetteville's codes do not have specific rules for STRs and they are classified as hotels/motels in the zoning code. This prevents them from legally operating in a single-family district and there are numerous STRs currently in violation. In July of 2019 the City Council adopted Resolution 172-19 directing staff to study and develop an ordinance for STRs for their consideration. Public Input: As the first step in studying STRs, the City hosted a focus group on August 19, 2019. The focus group represented various perspectives including neighborhood representatives, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 concerned citizens, rental owners and managers, and hotel owners. The group was guided by a professional facilitator to identify key issues and recommendations in moving forward with local rules for STRs. On September 30, 2019, the city hosted an open public input meeting which allowed all attendees to provide input in writing and verbally on the issues identified by the focus group. The city staff continued to take comment from the public and elected officials over the last few months. After reviewing the public comment and completing extensive research on many cities' short-term rental codes, the City's consultant on the project, Garver LLC, completed a first draft of revisions to the Fayetteville Code of Ordinance for STRs. This first draft was presented to the same focus group on January 15, 2020 for their review and comment. Staff presented the final draft ordinance, for comment, to the focus group on November 5, 2020 DISCUSSION: The Development Services Department and their consultant, Garver LLC, have drafted amendments to the Fayetteville Code of Ordinances for short-term residential rentals. The primary issues proposed in the previous revisions include the following: • Location: STRs would be allowed by right in all zoning districts where residential dwellings and/or hotel/motel uses are allowed. • Type 1 and Type 2 STRs: There are two types of STRs. Type 1 is a full-time residence and Type 2 is a full-time STR. Type 1's are not subject to density limitations, Type 2's are subject to density limitations in districts where the use is not allowed by right. Type 2's require a conditional use permit when use is not allowed by right. • Residency: A permanent resident does not have to live in the STR dwelling. • Occupancy: Maximum of 2 people per bedroom plus 2, with a maximum of 8 people regardless of the number of bedrooms. A definition of bedroom is included. • Permit: A business license must be obtained prior to operation. • Inspection: Prior to approval of a business license the rental unit must pass a safety and egress inspection conducted by the Fayetteville Building Safety Division. A life safety and egress inspection will verify the basic life safety requirements like fire alarms and basic egress requirements like a door. An inspection is only required for the initial license. • Grace period: 6 months for existing STRs to obtain inspection and business license. If both the inspection and the business license are obtained in the 6 month grace period a conditional use permit will not be required. • Special events: No parties or special events allowed in STRs by right. • Parking: Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. • Conditional use permits: Type 2's require a conditional use permit when the use is not allowed by right in the underlying zoning district. • Density limitations: Density limitations only apply to Type 2 STRs. A city-wide density cap of two percent (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 the following: o More Type 2 short-term rentals than what is allowed by the city-wide density cap. o More than two (2) dwellings units as Type 2 rentals within a multi -family dwelling complex o Individual 2-family, 3 and 4-family buildings that 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. G:\ETC\Development Services Review\2020\Development Services\20-7000 ADM Amend Code of Ord. - Short Term Residential Rentals o Type 2 short-term rentals in commercial and mixed -use zoning districts where hotel/motel are permitted by right shall not count towards the city-wide density cap. o Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings. • Fees: STIRS would only be subject to the typical business license and occupancy inspection fees. • Exceptions: Exceptions to the short-term rental code are subject to review as a conditional use permit. Request: Staff requests that the City Council amend chapter 118 of the Business Regulations and chapters 151, 161, 162, and 163 of the Unified Development Code for short-term rentals. The code changes are described above and shown in the attached strikeout -highlight version of the code. STAFF RECOMMENDATION: Staff recommends that the City Council approve the code changes as outlined above and in the attached ordinance. BUDGET/STAFF IMPACT: N/A Attachments/website: • Proposed code changes shown in strikeout • City of Fayetteville short-term rental website http://www.faVetteville-ar.gov/3801/Short-Term-Rentals G:\ETC\Development Services Review\2020\Development Services\20-7000 ADM Amend Code of Ord. - Short Term Residential Rentals 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 118: - BUSINESS REGISTRY AND LICENSES 118.01 -Applicability (A) General Businesses. (1) All businesses, institutions, corporations, LLCs, LLPs, partnerships, non-profit associations or corporations, sole proprietorships or other non -governmental entities with a physical address or which operates either a legally permitted home occupation or a short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. A covered business or entity with multiple physical addresses in Fayetteville must obtain a separate business license for each such business address. (2) In addition, any person or non -governmental entity who has or should have a sales tax permit and operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (3) In addition, any person or non -governmental entity who is engaged in any trade or occupation which requires federal or state licenses and who operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (B) Religious Entities. Churches and other religious institutions are exempt from this chapter unless they are performing functions like daycare that must be licensed by the state or that generate revenue upon which state sales or use taxes must be paid. The city business license shall not be required for the religious entity but only for those functions that require a state license or upon which state sales or use taxes must be paid. (C) Minors Exempt. No individual under eighteen (18) years of age shall be required to register or obtain a business license. (D) Individual Landlords Renting Less Than Three (3) Dwelling Units Exempt. An individual landlord, not operating as a corporation, LLC, LLP, or other business entity, who rents out less than three (3) dwelling units, and no commercial, industrial, or institutional unit, site or building shall be exempt from this chapter. However, a landlord that operates a short-term residential rental shall not be exempt and must apply for and obtain a business license for each individual short-term rental. (E) Short-term rentals. A residential dwelling unit, portion of a dwelling unit, or room within a residential dwelling unit, leased and/or rented to a quest(s), for a period of less than thirty consecutive (30) days. 1) Short-term rental. Tvae 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. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Tvpe 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 prior to the City issuing a business license, except as defined in &1 18.01 (E)(4). (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 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE (b) The owner has designated an agent, where said agent fully complies with all legal reauirements and duties imposed herein with respect to every short-term rental. The owner may serve as their own aaent. 4) 6 Month Start-up Period. After the enactment of the short term rental ordinance, existing short term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6 month start-up period, all short term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. (a) Type 2 short-term rentals seeking a business license or permit under the 6-month start-up period will not be required to obtain a conditional use permit. Any Type 2 short-term rentals submitting a business license or permit after the 6-month grace period shall be required to obtain a conditional use permit prior to the City issuing a business license. (5) No hosting platform shall facilitate or conduct any booking transaction for a short-term rental in the CitV without the short-term rental first obtaining and maintaining possession of the requisite business license. (6) A separate business license shall be required for each dwelling unit used as a short-term rental. (7) Any change in ownership requires a new or amended business license. (8) 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. (9) 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 bV 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 bV 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 ci irrPnt (q) Any additional data as deemed necessary or desirable for permit approval by the Zoning and Development Administrator. (10) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STR EDITS IN STRIKEOUT -UNDERLINE (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. Exceptions to the occupancy standards for short- term rentals may be granted by the Planning Commission as a conditional use permit. (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. No hosting platform or owner/agent may offer, advertise, book, facilitate, or engage in short-term rental activity or advertisement that violates any provision of the short-term rental code. (c) Information and Posting. Business licensees shall provide to quests and post conspicuously in the common area of the short-term rental unit the City phone number to report a safety complaint. (12) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during quest occupancy, including nights and weekends, in order to facilitate 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 one (1) hour of being contacted. (13) Guest records. The owner shall maintain summary quest registration records, which shall contain the actual dates of occupancy, total number of quests per party per stay, and the rate(s) charged, but shall not contain any personally identifiable information about quests. Such records shall be maintained for three years and shall be provided to the City upon request. (14) 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. (15) Criminal activity. The owner shall timely report any known or reasonably suspected criminal activity by a quest to the Fayetteville Police Department. (16) 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. (17) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be granted by the Zoning and Development Administrator through the issuance of a City of Fayetteville Business Registry and License (business license). (18) Density For Type 2 Short-term Rentals. A city-wide density cap of two percent (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. (b) More than two (2) dwellings units as Type 2 rentals within a multi -family dwelling complex. (c) Individual 2-family, 3 and 4-family buildings that 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) Type 2 short-term rentals in commercial and mixed -use zoning districts where hotel/motels are permitted by right shall not count towards the city-wide density cap. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STR EDITS IN STRIKEOUT -UNDERLINE (19) Suspension and Revocation. If the Zoning and Development Administrator has reason to believe that any of the grounds specified in �l 18.03(A) of the Fayetteville Code exist, or that any rental unit was rented for less than one full night, or to more than one part of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the Zoning and Development Administrator may suspend or revoke the short-term rental's business license pursuant to the procedures detailed in �l 18.03 and in M 18.04 of the Fayetteville Code. (20) Short-term rentals must comply with all applicable codes under Unified Development Code Chapter 163.18 and successfully obtain a business license prior to operation. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 151: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 151: DEFINITIONS Agent, Owner -Designated. A person designated by the owner of a property, where designee has a physical address within the City of Fayetteville, is accessible 24-hours a day, and otherwise in compliance with the UDC requirements for short-term rentals. The owner may serve as their own agent. Bedroom. A fully enclosed portion of a building designed or intended to be used principally for sleeping purposes. Booking transaction. Any contractual agreement between a quest and an owner relative to a short-term rental. Dwelling unit (zoning). One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Guest, Short-term rental. Any person who occupies a short-term rental, for a period of less than 30 consecutive days, pursuant to a short-term rental lease term and/or other like agreement, for the purposes of temporary lodaina. Host, Short-term rental. The owner(s) of a short-term rental who has authority to offer the dwelling unit, portion thereof. or a room within the dwellina unit as a leaal short-term rental. Owner. A person who owns at least a 50 percent interest in a dwellina unit used for short-term rentals. Permanent residential dwelling. A structure that has been legally permitted or is a legal, non -conforming structure allowed for permanent occupancv as a residential dwellina. Hosting Platform. A person or entity that participates in the short-term rental business by providing and collecting or receiving a fee(s) for facilitating booking transactions through which a short-term rental host may offer a short-term rental to a short-term rental quest. Hosting platforms typically, though not always, facilitate booking transactions through an on line platform that allows a short-term rental host to advertise the short-term rental through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential short-term rental quest reserve a questroom(s) and arrange payment, whether the short-term rental quest pays rent directly to the short-term rental host or to the hosting platform. Short-term rental. A residential dwelling unit, portion of a dwelling unit, or room within a residential dwelling unit, leased and/or rented to a quest(s), for a period of less than thirty consecutive (30) days. 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. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Type 1 short-term rental. 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 prior to the City issuing a business license. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 161: - ZONING REGULATIONS 161.02 - Zoning Compliance And Business License (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a business license has been issued by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. (B) Conforming Uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to §118 of the Fayetteville Code. (C) Nonconforming Uses. (1) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to September 7, 2010 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 3 Public protection facilities 4 Cultural and recreational facilities 5 Government facilities 6 Agricultural 7 Animal husbandry 12a Limited business 13 Eating places 15 Neighborhood shopping goods 24 Home occupation 25 Offices, studios, and related services FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE (2) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 2 City-wide uses by conditional use permit 14 Hotel, motel and amusement facilities 16 Shopping goods 17 Transportation trades and services 18 Gasoline service stations & drive in/drive through restaurants 19 Commercial recreation, small sites 20 Commercial recreation, large sites 21 Warehousing and wholesale 22 Manufacturing 23 Heavy industrial Wholesale bulk petroleum storage 27 facilities with underground tanks 28 Center for collecting recyclable materials 29 Dance halls 30 Extractive uses FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE 31 Facilities emitting odors/handling explosives 32 Sexually oriented businesses 33 Adult live entertainment club or bar 34 Liquor stores 35 Outdoor music establishments 36 Wireless communications facilities 38 Mini -storage units 39 Auto salvage and junk yards 40 Sidewalk cafes 1421 Clean technologies 431 Animal boarding and training 161.03 - District R-A, Residential -Agricultural (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 3 I Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 9 1 Two-family dwellings Unit 37 1 Manufactured homes Accessory dwellings Unit 43 1 Animal boarding and training Unit 46 Short-term rentals 161.04 - District RSF-.5, Residential Single -Family - One Half (%) Unit Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.05 - District RSF-1, Residential Single -Family - One (1) Unit Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.06 - District RSF-2, Residential Single -Family - Two (2) Units Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.08 - District RSF-7, Residential Single -Family - Seven (7) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE 161.09 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 1 Accessory dwellings Unit 46 1 Short-term rentals 161.11 - District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (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 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals 161.12 - District RI-U, Residential Intermediate - Urban (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 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals :1 161.13 - District RMF-6, Residential Multi -Family - Six (6) Units Per Acre (B) Uses. (1) Permitted Uses. Unit City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 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 rental 161.14 - District RMF-12, Residential Multi -Family - Twelve (12) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 411 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rental 161.15 - District RMF-18, Residential Multi -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings Unit 411 Accessory dwellings Unit 44 1 Cluster Housing Development Unit 46 1 Short-term rental 161.16 - District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 TThree (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 411 Accessory dwellings Unit 44 1 Cluster Housing Development Unit 46 1 Short-term rental FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.17 - District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.18 - NS-L, Neighborhood Services - Limited (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 8 1 Single-family dwellings Unit 9 1 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited Business Unit 24 1 Home occupations FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 40 F Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rental 161.19 - NS-G, Neighborhood Services - General (B) Uses. (1) Permitted Uses. Unit 1 1 City-wide uses by right Unit 8 1 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b I General business Unit 24 . Home occupations Unit 40 1 Sidewalk cafes Unit 41 1 Accessory dwelling units Unit 44 1 Cluster housing development Unit 46 Short-term rental 161.20 - District R-O, Residential Office (B) Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE (1) Permitted uses . Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business Unit 25 Offices, studios, and related services Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rental 161.22 - Community Services (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Eating places Unit 13 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 15 Neighborhood Shopping goods Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 1 Sidewalk Cafes Unit 411 Accessory dwellings Unit 44 1 Cluster Housing Development Unit 45 1 Small scale production Unit 46 Short-term rental 161.24 - Urban Thoroughfare (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 1 Single-family dwellings Unit 9 1 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 13 Eating places Hotel, motel and amusement Unit 14 services Unit 16 F Shopping goods Unit 17 Transportation trades and services service stations and drive - Unit 181Gasoline Unit 18 in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Offices, studios, and related Unit 25 services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 40 Sidewalk cafes Unit 41 Accessory Dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.25 - District C-3, Central Commercial (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 I Shopping goods Gasoline service stations & drive-in Unit 18 restaurants Unit 19 Commercial recreation, small sites Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.26 - Downtown Core (B) Uses. (1) Permitted Uses. Tnit City-wide uses by right FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Hotel, motel, and amusement Unit 14 facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Offices, studios, and related Unit 25 services Unit 26 Multi -family dwellings Unit 34 Liquor stores Sidewalk Cafes Accessory dwellings Unit 40 Unit 41 Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.27 - Main Street/Center (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities FUnit 5 Government facilities FUnit 8 Single-family dwellings Unit 9 TTwo-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Offices, studios, and related Unit 25 services Unit 26 Multi -family dwellings Liquor stores Unit 34 Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.28 - Downtown General (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 45 Small scale production Unit 46 Short-term rental 161.29 - Neighborhood Conservation (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right _F Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rental FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 162: - USE UNITS 162.01 - Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Two-family dwellings Unit 9 Unit 10 Unit 11 Unit 12a Unit 12b Unit 13 Three (3) and four (4) family dwellings Manufactured home park Limited business General business Eating places Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STR EDITS IN STRIKEOUT -UNDERLINE Unit 17 Transportation Trades and services Gasoline service stations and drive-in/drive Unit 18 through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 24 Home occupation Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Wholesale bulk petroleum storage facilities Unit 27 with underground storage tanks Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 30 Extractive uses Facilities emitting odors & facilities Unit 31 handling explosives Unit 32 Sexually oriented business Unit 33 Adult live entertainment club or bar Unit 34 Liquor stores Unit 35 Outdoor music establishments FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini -storage units Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental (0) Unit 14. Hotel, Motel, and Amusement Facilities. (1) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included Uses. Hotel Membership lodge Motel Motion picture theater Night club, not providing dancing or outdoor music Tavern, not providing dancing or outdoor music Use Unit46, Short-term rental is also permitted within Use FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 14 (UU) Unit 46. Short-term rental. (1) Description. Unit 46 is provided to allow a permanent residential dwelling unit, portion of a residential dwellina unit. or room within a residential dwellina unit. to be leased and/or rented to a quest(s) for a period of less than thirty (30) consecutive days. (2) Included Uses. Short-term rentals 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 163: - USE CONDITIONS 163.01 - Listing The use conditions set forth in this chapter are the following: Bed and breakfast facilities Carnival, circus, amusement park or similar temporary open-air enterprise Child care, nursery school Dance halls Facilities emitting odors and facilities handling explosives Home occupations Manufactured homes Outdoor music establishments Sexually oriented businesses Short-term rentals Tandem lot development Wireless communications facilities 163.18 — Short-term rentals (A) General Standards. (1) Residential Zoning Districts. Short-term rentals may be permitted in all zoning districts where residential uses are allowed by right. (2) Commercial and Mixed Use Zoning Districts. Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings as specified in Chapter 118 of the Fayetteville City Code. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STR EDITS IN STRIKEOUT -UNDERLINE (3) Occupancy. Maximum of two (2) people per bedroom, plus two (2), with a maximum of eight (8) people regardless of the number of bedrooms, for the entire unit. (4) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (5) 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. Short-term rental units are permitted 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. (7) 6 Month Start-up Period. After the enactment of the short-term rental ordinance, existing short- term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6-month start-up period, all short-term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. a) Tvpe 2 short-term rentals seekina a business license or permit under the 6-month start- up period will not be required to obtain a conditional use permit. Any Type 2 short-term rentals submitting a business license or permit after the 6-month grace period shall be required to obtain a conditional use permit prior to the City issuing a business license. (8) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city-wide density maxmum, may be granted by the Planning Commission as a conditional use permit. (9) Short-term rentals must comply with all applicable codes under City Code Section 118.01 and successfully obtain a business license prior to operation. Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Mary Cay Crow Address or Ward* O Address O Ward Locate Your Ward Number Address* 330 West Holly Street Ex. 113 W Mountain St Phone Number 4792257976 Email marycay330@yahoo.com Meeting Body* City Council Agenda Item Air B and Breakfast limitation of number of guests Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Comment Only Comments I understand the city council will discuss possible regulations for Air and Bs December 1. In our neighborhood there is an air BB on Holly that rents to an excessive number of guests. Weekend before last there were 11vehicles in residence there. Holly is a small neighborhood street and the vehicles were parked all over our family neighborhood. In addition to placing reasonable limits on the number of guests (? Per bedroom?) ,Please also consider limiting to 1 vehicle per bedroom. It would help if the regulations are published and include how residents can report infractions. Thank you Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display IUM CITY OF FAYETTEVILLE ARKAN A City Council Meeting December 1, 2020 Introduction • A short-term rental (STR) is the leasing out of a furnished residential dwelling on a short-term basis, generally less than a 30 days. • Pre-Covid it is estimated that there were approximately 500-600 STIR units in Fayetteville. • Fayetteville's codes do not have specific rules for STRs and they are classified as hotels/motels in the zoning code. This prevents them from legally operating in a single-family district and there are numerous STRs currently in violation. rTEVILLE ISAS Residency: A permanent resident does not have to live in the STR dwelling Residential Zoning Districts: Short-term rentals may be permitted in all zoning districts where residential uses are allowed by right. Commercial and Mixed Use Zoning Districts: Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi- family buildings as specified in Chapter 118 of the Fayetteville City Code. Occupancy: Maximum of 2 people per bedroom plus 2, with a maximum of 8 people regardless of the number of bedrooms. A definition of bedroom is included. FAYETTEVILLE ARKANSAS 3 Special events: No parties or special events allowed in STRs by right Parking: Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. Short-term rental units: 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. 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 FAYETTEVILLE ARKANSAS M STR Types - Type 1 Type 1 is 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 prorrental. erty is required to be classified as a Type • Accessory dwelling units (ADUs) as defined in Unified Develo� ment Code Chapter 151 shall be considered a Type 1 short-term rental. • Type 1's are not subject to density limitations. CITY OF FAYETTEVILU� ARKANSAS STR Types - Type 2 Type 2 is any short-term (less than 30 days) rental that does not qualify to be a Type 1 rental that the owner lists this property full-time as a short-term rental and has no intention of having permanent residents living at the property. A conditional use permit is required prior to use and priorto receiving a business license. Hotel, motel, and existing, licensed Bed ancf Breakfast entities shall not be considered short-term rentals subject to this section. A conditional use permit may NOT permit the following; Individual 2-family, 3 and 4-family buildings that are not a part of a multi -family complex shall have no more than one Type 2 short term rental unit per building complex. More than two dwellings units as Type 2 rentals within a multi- family dwelling complex F TTEVILLE, 4SAS Density PP Cap Density limitations: Density limitations only apply to Type 2 STRs. A city-wide density cap of one 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. Type 2 short-term rentals in commercial and mixed -use zoning districts where hotel/motel are permitted by right shall not count towards the city-wide density cap. Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings. • After the enactment of the short-term rental ordinance, existing short-term rental operators shall have 6 months to obtain a business license and be considered in compliance. • After the 6-month start-up period, all short-term rental units must have a business license to be considered in compliance. Grace • Type 2 short-term rentals seeking a business license or permit under the 6-month start-up period will not be Periodrequired to obtain a conditional use permit. • Any Type 2 short-term rentals submitting a business license or permit after the 6-month grace eriod shall be required to obtain a conditional use perms prior to the City issuing a business license. • To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior go the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. • The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. • A short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. • An owner that operates a short-term residential rental shall must apply for and Permitting obtain a business license for each individual short-term rental. and • An owner has designated an agent, he owner may serve as their own agent but must Inspection be available by phone at all times during uest g occu ancy, including nights and weekends and able o be present al the property with in one hour. • Business licensees must be posted conspicuously common area oftheshort-term rental unit with the City phone number to report a safety complaint. • A life safetv and e ress inspection by the CityBuilding Safety Division for the dwelling unis required to obtain a Business License Thank you! Mary McGetrick LONG RANGE PLANNING, CITY OF FAYETTEVILLE CityClerk From: CityClerk Sent: Friday, December 4, 2020 2:22 PM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Cc: Kathy Malstrom Subject: FW: Airbnb Please pass this information on to the City Council members for their consideration. My contact info is Kathy Malstrom 1348 E Charlee Street Fayetteville 479-871-5764 1 live in Ward 3 -----Original Message ----- From: Williams, Kit <kwilliams@fayetteville-ar.gov> Sent: Friday, December 4, 2020 12:11 PM To: Kathy Malstrom <kkmalst@uark.edu> Subject: RE: Airbnb Kathy, Thanks for your email. The City council needs to hear from citizens like you that are concerned with the downsides of numerous short-term rentals in the neighborhoods and not just from those now making substantial money by using their properties in a way that is not consistent with residential zoning protections. Kit -----Original Message ----- From: Kathy Malstrom <kkmalst@uark.edu> Sent: Friday, December 04, 2020 7:35 AM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Cc: Kathy Malstrom <kkmalst@uark.edu> Subject: Airbnb 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. I have some concerns about the recent interest in residents who own properties renting these out short term under Airbnb guidelines. The residents who own homes in a R-1(single family) or R-2(townhomes, condos) are now subjected to have the traffic and persons unknown coming and going in their neighborhoods without restrictions. I can appreciate the fact that property owners have their rights, but it should not be at the expense of residents living in the neighborhoods that will suffer the consequences of short term rentals Thank you Kathy Malstrom Kkmalst@ uark.edu Sent from my Whone Kathy Malstrom Kkmalst@uark.edu Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* george pipoly Address or Ward* Address Ward Locate Your Ward Number Address* 81230 legends way, laquinta ca, 92253 Ex. 113 W Mountain St Phone Number 4193517104 Email gpipoly@gmail.com Meeting Body* City Council Agenda Item Please click the link below to navigate to the Agenda Page Number/Subject Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Comment Only Comments I noticed an article in your newspaper that was picked up by my google news feed concerning STVR. You would be wise to get information from some California cities in the Coachella valley, ie Cathedral City, Palm Springs, Palm Desert, Indian Wells all of which have or in the process of phasing out STVRs in their cities as the problems associated with them were unmanageable. My city of La Quinta is trying to save their program. It is very contentious. To date not successfully managed in spite of multi thousand dollar fines for unruly rental violations, added Sherriff patrols, dedicated complaint hotlines. Good luck. GM Pipoly Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display DEPARTMENTAL CORRESPONDENCE nr� OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Paul Becker, Finance Director Mary McGetrick, Long Range Planner Jonathan Curth Develo t M Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal pmen anager FROM: Kit Williams, City Attorney DATE: January 12, 2021 RE: Planning Commission's Proposal for Short-term Rental Regulation Legal Dangers Of Authorizing Much Higher Occupancy Levels for Short -Term Rentals Than for Normal, Legal 30 Day Plus Rentals Some Short -Term Rental representatives or operators have demanded that the City grant even more density than the eight (8) persons per house proposed by the Planning Commission for short-term rental occupancy. As you know, in a single family zoning district, the number of not -all -related persons allowed to reside in a house is THREE (3). However, the proposal before you would ahnost TRIPLE this occupancy authorization to EIGHT (8) for a short-term rental. The City has sometimes had to prosecute owners who rented (as a normal long-term rental) their house to more than three (3) unrelated persons. This would have been as a response to neighborhood problems from over -occupancy of such house. If this Short -Term Rental ordinance is passed as proposed, every regular long-term rental landlord could challenge the decades old definition of "Family" that was examined and approved by the United States Department of Housing and Urban Development. I would hate to lose the protection that previous review and approval of our "Family' definition has given us. How could the City explain to a Judge or jury that it is rational to prohibit more than three unrelated persons in a normal long-term rental while the City allows as many as eight unrelated persons in a short-term rental? Can we prove that long-term tenants are inherently more disruptive to a neighborhood than short-term tenants? Common sense would probably place more concern about disruptive behavior on tenants only occupying the house for a day or two as opposed to tenants occupying a residence for at least a month and usually a year or longer. The City would probably lose such an Equal Protection of the Laeas complaint from owners with long-term tenants. The likely result of such suit would not only be some Court ordered monetary damages and attorney fees to be paid by the City, but also the invalidity of the City's longstanding definition of "Family' for zoning considerations which has successfully resolved much of the over -occupancy problems for our neighborhoods during the last two decades. Risking that loss of over -occupancy protection for our neighborhoods so Short -Term Rental operators can make more money does not seem to be in our citizens' best interests. The City Council Members have the policy -making power to make such a change regardless of any legal cautions from me. However, please remember that because of the Private Property Protection Act, once the Council has increased the allowed density for a single-family residence, the Council probably cannot later go back to the former allowed density even if substantial problems are being caused to our neighborhoods. An owner/operator could certainly allege such substantial reduction in the allowed number of "guests" had devalued the property of an operator of a rental house more than 20%. To maintain the reduction back to our current levels, the City would have to pay for the claimed losses of so many home and apartment owners that it would "break the bank." Thus, any change by the City Council to increase allowed density for rentals, short-term or otherwise, would probably have to be permanent. Definitions Need to be Changed to Clearly Distinguish Between Type 1 and Type 2 Short -Term Rentals I need to present proposed changes in Type 1 and Type 2 definitions to clarify what the Planning Commission probably intended, but did not express accurately enough to withstand possible legal challenges. Since such regulations will be interpreted by a Court in favor of the property owner/ operator of a Short - Term Rental and against the City if there is any ambiguity, we need to ensure the definitions are very clear and not susceptible to any confusion as to whom they apply. Proposed Changes to Definitions of Type 1 and Type 2 Short -Term Rentals "A Type 1 short-term rental is where the owner occupies and lives at the residence for at least ten (10) months every calendar year, but may rent the residence as a short-term rental not more than two (2) months any calendar year. An owner who occupies and lives at a residence at least ten (10) months a year may use the residence's bedroom or Accessory Dwelling Unit(s) as short-term rental(s) for the entire year. This new privilege to operate a Type 1 short-term rental may be revoked by the City Council if the short-term rental's operation causes neighborhood problems or inconvenience. All occupancy limits shall be as prescribed by the UDC based upon the zoning district." If the City Council wants to authorize Type 2 short-term rentals, then its definition needs to be changed as follows: "A Type 2 short-term rental includes any short-term rental that does not qualify as a Type 1 short-term rental and is not a hotel, motel, campground, RV park, Bed and breakfast or similar commercial lodging entity in a properly zoned district. A conditional use permit (subject to revocation by the Planning Commission for causing neighborhood problems or inconvenience) is required for any Type 2 short-term rental to legally operate in Fayetteville. All occupancy limits shall be as prescribed by the UDC based upon the zoning district" TO: FROM: MEETING DATE: CITY ❑F FAYETTEVILLE ARKANSAS City of Fayetteville City Council CITY COUNCIL MEMO Mary McGetrick, Long Range Planning Manger January 1311, 2021 SUBJECT: ADM 20-7000 Administrative Item (Amend Fayetteville Code of Ordinances: Short-term Residential Rentals): Submitted by the Development Services Department for revisions to the Fayetteville Code of Ordinances for short-term residential rentals. RECOMMENDATION: Staff recommends forwarding the proposed code change to the City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to approve ADM 20-7000 as recommend by City staff." BACKGROUND: The short-term rental code amendments were approved by Planning Commission at the **** meeting. Staff presented a recommended code change along with alternatives. There were several members of the public at the meeting and a variety of perspectives were shared about how the city should handle short-term rentals. The recommended code amendments in this report have been revised to incorporate the legal recommendations from the City Attorney's office. The primary revisions from the City Attorney's office included relocating many of the short-term rental requirements from Chapter 163 into Chapter 118, Business Licenses, changing enforcement staff to the Development Services Director, replacing "shalls" in certain places with "mays", removing the requirement for liability insurance, and clarifying what is required for building inspection. A short-term rental (STR) is the leasing out of a furnished residential dwelling on a short-term basis, generally less than a month. It is estimated that there are approximately 500-600 STR units in Fayetteville. However, Fayetteville's codes do not have specific rules for STRs and they are classified as hotels/motels in the zoning code. This prevents them from legally operating in a single-family district and there are numerous STRs currently in violation. In July 2019 the City Council adopted Resolution 172-19 directing staff to study and develop an ordinance for STRs for their consideration. Public Input: As the first step in studying STRs, the City hosted a focus group on August 19, 2019. The focus group represented various perspectives including neighborhood representatives, concerned citizens, rental owners and managers, and hotel owners. The group was guided by a professional facilitator to identify key issues and recommendations in moving forward with local rules for STRs. On September 30, 2019, the city hosted an open public input meeting which allowed all attendees to provide input in writing and verbally on the issues identified by the focus group. The city staff continued to take comment from the public and elected officials over the last Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 few months. After reviewing the public comment and completing extensive research on many cities' short-term rental codes, the City's consultant on the project, Garver LLC, completed a first draft of revisions to the Fayetteville Code of Ordinance for STRs. This first draft was presented to the same focus group on January 15, 2020 for their review and comment. Staff presented the final draft ordinance, for comment, to the focus group on November 5th, 2020 DISCUSSION: The Development Services Department and their consultant, Garver LLC, have drafted amendments to the Fayetteville Code of Ordinances for short-term residential rentals. The primary issues proposed in the previous revisions include the following: • Location: STRs would be allowed by right in all zoning districts where residential dwellings and hotel/motel uses are allowed. • Type 1 and Type 2 STRs: There are two types of STRs. Type 1 is a full-time residence and Type 2 is a full-time STR. Type 1's are not subject to density limitations, Type 2's are subject to density limitations. • Residency: A permanent resident does not have to live in the STR dwelling. • Occupancy: Maximum of 2 people per bedroom plus 2, with a maximum ^f Q people regardless of the nurvmhor of bedr,,,,A definition of bedroom is included. • Permit: a business license must be obtained prior to operation. • Inspection: prior to approval of a business license the rental unit must pass a safety and egress inspection conducted by the Fayetteville Building Safety Division. A life safety and egress inspection will verify the basic life safety requirements like fire alarms and basic egress requirements like a door. The requirement for an inspection every three years has been removed; an inspection is only required for the initial license. • Grace period: 6 months for existing STRs to obtain inspection and business license. After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short- term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre-existing short- term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short- term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01 (E)(9)(e) of the Unified Development Code to the City's satisfaction. Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. G:\ETC\Development Services Review\2020\Development Services\20-7000 ADM Amend Code of Ord. - Short Term Residential Rentals Special events: No parties or special events allowed in STIRS by right. Parking: Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. Density limitations: Density limitations only apply to Type 2 STIRS. A city-wide density cap of one percent (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 the following: o (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. o (b) More than ten percent (10 %) dwellings units as Type 2 rentals within a multi- family dwelling complex o (c) Individual 2-family, 3 and 4-family buildings that are owned by the same person or entity 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. o (d) Type 2 short-term rentals in commercial and mixed -use zoning districts where hotel/motel are permitted by right shall not count towards the city-wide density cap. o (e) Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings as specified in Chapter Fees: STIRS would only be subject to the typical business license and occupancy inspection fees. Exceptions: Exceptions to the short-term rental code are subject to review as a conditional use permit. Request: Staff requests that the City Council amend chapter 118 of the Business Regulations and chapters 151, 161, 162, and 163 of the Unified Development Code for short-term rentals. The code changes are described above and shown in the attached strikeout -highlight version of the code. STAFF RECOMMENDATION: Staff recommends that the City Council approve the code changes as outlined above and in the attached ordinance. BUDGET/STAFF IMPACT: N/A Attachments/website: Proposed code changes shown in strikeout — Updated 1/10/21 City of Fayetteville short-term rental website http://www.favetteville-ar.gov/3801/Short-Term-Rentals G:\ETC\Development Services Review\2020\Development Services\20-7000 ADM Amend Code of Ord. - Short Term Residential Rentals 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 118: - BUSINESS REGISTRY AND LICENSES 118.01 -Applicability (A) General Businesses. (1) All businesses, institutions, corporations, LLCs, LLPs, partnerships, non-profit associations or corporations, sole proprietorships or other non -governmental entities with a physical address or which operates either a legally permitted home occupation or a short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. A covered business or entity with multiple physical addresses in Fayetteville must obtain a separate business license for each such business address. (2) In addition, any person or non -governmental entity who has or should have a sales tax permit and operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (3) In addition, any person or non -governmental entity who is engaged in any trade or occupation which requires federal or state licenses and who operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (B) Religious Entities. Churches and other religious institutions are exempt from this chapter unless they are performing functions like daycare that must be licensed by the state or that generate revenue upon which state sales or use taxes must be paid. The city business license shall not be required for the religious entity but only for those functions that require a state license or upon which state sales or use taxes must be paid. (C) Minors Exempt. No individual under eighteen (18) years of age shall be required to register or obtain a business license. (D) Individual Landlords Renting Less Than Three (3) Dwelling Units Exempt. An individual landlord, not operating as a corporation, LLC, LLP, or other business entity, who rents out less than three (3) dwelling units, and no commercial, industrial, or institutional unit, site or building shall be exempt from this chapter. However, a landlord that operates a short-term residential rental shall not be exempt and must apply for and obtain a business license for each individual short-term rental. (E) Short-term rentals. A residential dwelling unit, portion of a dwelling unit, or room 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. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 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 prior to the City issuing a business license, except as defined in �118.01(E)(4). (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 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE (b) The owner has designated an agent, where said agent fully complies with all legal reauirements and duties imposed herein with respect to every short-term rental. The owner may serve as their own agent. (4) 6 Month Start-up Period. After the enactment of the short term rental ordinance, existing short term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6 month start-up period, all short term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. (a) After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short-term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre- existing short-term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short-term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e) of the Unified Development Code to the City's satisfaction. (b) Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (c) All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. No hosting platform shall facilitate or conduct any booking transaction for a short-term rental in the City without the short-term rental first obtaining and maintaining possession of the requisite business license. A separate business license shall be reauired for each dwellina unit used as a short-term rental Any change in ownership requires a new or amended business license. 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 writina (9) 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. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE (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. 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 Zoning and Development Administrator. 10) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE 11) Leoal Duties of License Holders. An owner oossessina a short-term rental license shall com 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. Exceptions to the occupancy standards for short- term rentals may be aranted by the Plannina Commission as a conditional use permit. 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. No hosting platform or owner/agent may offer, advertise, book, facilitate, or engage in short-term rental activity or advertisement that violates any provision of the short-term rental code. c) Information and Postina. Business licensees shall provide to auests and post uously in the common area of the short-term rental unit the City phone number to report a safety complaint. (12) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during quest occupancy, including nights and weekends, in order to facilitate 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) hour of being contacted if required and at the sole discretion of by emergency services or the Zoning and Development Administrator. (13) 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 years and shall be provided to the City upon request. (14) 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. (15) Criminal activity. The owner shall timely report any known or reasonably suspected criminal activity by a quest to the Fayetteville Police Department. (16) 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 obliaation to pav taxes and fees owed pursuant to this section. (17) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be aranted by the Zonina and Development Administrator throuah the issuance of a Citv of Fayetteville Business Registry and License (business license). (18) Density For Type 2 Short-term Rentals. A city-wide density cap of one percent (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 hiaher. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. (b) More than ten (10) percent of total dwelling units as Type 2 rentals within a multi -family dwelling complex. c) Individual 2-family, 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 2 short-term rentals in commercial and mixed -use zonina districts where hotel/motels are permitted by right shall not count towards the city-wide density cap. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE 19) Suspension and Revocation. If the Zoninq and Development Administrator 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 full night, or to more than one part of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the Zoning and Development Administrator 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. (20) Short-term rentals must comply with all applicable codes under Unified Development Code Chapter 163.18 and successfully obtain a business license prior to operation. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 151: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 151: DEFINITIONS Agent, Owner -Designated. A person designated by the owner of a property, where designee has a physical address within the City of Fayetteville, is accessible 24-hours a day, and otherwise in compliance with the UDC reauirements for short-term rentals. The owner may serve as their own aaent. Bedroom. A fully enclosed portion of a building designed or intended to be used principally for sleeping purposes. Booking transaction. Any contractual agreement between a quest and an owner relative to a short-term rental. Dwelling unit (zoning). One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Guest, Short-term rental. Any person who occupies a short-term rental, for a period of less than 30 consecutive days, pursuant to a short-term rental lease term and/or other like agreement, for the purposes of temporary lodging. Host, Short-term rental. The owner(s) of a short-term rental who has authority to offer the dwelling unit, portion thereof. or a room within the dwellina unit as a leaal short-term rental. Owner. A person who owns at least a 50 percent interest in a dwelling unit used for short-term rentals. Permanent residential dwelling. A structure that has been legally permitted or is a legal, non -conforming structure allowed for permanent occupancy as a residential dwelling. Hosting Platform. A person or entity that participates in the short-term rental business by providing and collecting or receiving a fee(s) for facilitating booking transactions through which a short-term rental host may offer a short-term rental to a short-term rental guest. Hosting platforms typically, though not always, facilitate booking transactions through an on line platform that allows a short-term rental host to advertise the short-term rental through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential short-term rental guest reserve a guestroom(s) and arrange payment, whether the short-term rental guest pays rent directly to the short-term rental host or to the hosting platform. Short-term rental. A residential dwelling unit, portion of a dwelling unit, or room within a residential dwelling unit, leased and/or rented to a quest(s), for a period of less than thirty consecutive (30) days. 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. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Type 1 short-term rental. 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 prior to the City issuing a business license. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 161: - ZONING REGULATIONS 161.02 - Zoning Compliance And Business License (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a business license has been issued by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. (B) Conforming Uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to §118 of the Fayetteville Code. (C) Nonconforming Uses. (1) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to September 7, 2010 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 3 Public protection facilities 4 Cultural and recreational facilities 5 Government facilities 6 Agricultural 7 Animal husbandry 12a Limited business 13 Eating places 15 Neighborhood shopping goods 24 Home occupation 25 Offices, studios, and related services FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE (2) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 2 City-wide uses by conditional use permit 14 Hotel, motel and amusement facilities 16 Shopping goods 17 Transportation trades and services 18 Gasoline service stations & drive in/drive through restaurants 191 Commercial recreation, small sites 201 Commercial recreation, large sites 211 Warehousing and wholesale 221 Manufacturing 231 Heavy industrial Wholesale bulk petroleum storage 27 facilities with underground tanks 28 1 Center for collecting recyclable materials 291 Dance halls 30' Extractive uses FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 31 Facilities emitting odors/handling explosives 32 Sexually oriented businesses 33 Adult live entertainment club or bar 341 Liquor stores 351 Outdoor music establishments 361 Wireless communications facilities 381 Mini -storage units 391 Auto salvage and junk yards 401 Sidewalk cafes 421 Clean technologies 431 Animal boarding and training 161.3 - District R-A, Residential -Agricultural (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 I Agriculture Unit 7 I Animal husbandry Unit 8 Single-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 1 Accessory dwellings Unit 43 1 Animal boarding and training Unit 46 Short-term rentals 161.4 -District RSF-.5, Residential Single -Family -One Half (%) Unit Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.5 - District RSF-1, Residential Single -Family - One (1) Unit Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 F Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.6 -District RSF-2, Residential Single -Family -Two (2) Units Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.7 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.8 - District RSF-7, Residential Single -Family - Seven (7) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.9 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 8 I Single-family dwellings Unit 41 I Accessory dwellings Unit 46 Short-term rentals 161.11- District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (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 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals 161.12 - District RI-U, Residential Intermediate - Urban (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 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals 161.13 - District RMF-6, Residential Multi -Family - Six (6) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 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 rental 161.14 - District RMF-12, Residential Multi -Family - Twelve (12) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.15 - District RMF-18, Residential Multi -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.16 - District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.17 - District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right 'I Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.18 - NS-L, Neighborhood Services - Limited (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 Limited Business 12a Unit 24 Home occupations FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rental 161.19 - NS-G, Neighborhood Services - General (B) Uses. (1) Permitted Uses. Unit 1 1 City-wide uses by right Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 I Three (3) and four (4) family dwellings Unit 12b I General business Unit 24 1 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rental 161.20 - District R-O, Residential Office (B) Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE (1) Permitted uses. Unit 1 I City-wide uses by right Unit 5 I Government facilities Unit 8 I Single-family dwellings Unit 9 I Two-family dwellings Unit 12a . Limited business Unit 25 I Offices, studios, and related services Unit 41 I Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rental -I 161.22 - Community Services (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 101Three (3) and four (4) family dwellings Unit 13 Eating places FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 15 Neighborhood Shopping goods Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.24 - Urban Thoroughfare (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 I Single-family dwellings Unit 9 I Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 13 I Eating places Hotel, motel and amusement Unit 14 services Unit 16 I Shopping goods Unit 17 I Transportation trades and services Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Offices, studios, and related Unit 25 services Unit 26 Multi -family dwellings Unit 34 I Liquor store Unit 40 I Sidewalk cafes Unit 41 I Accessory Dwellings Unit 44 I Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.25 - District C-3, Central Commercial (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 13 1 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 I Shopping goods Gasoline service stations & drive-in Unit 18 restaurants Unit 19 Commercial recreation, small sites Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family dwellings Unit 34 1 Liquor stores Unit 40 1 Sidewalk Cafes Unit 44 1 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.26 - Downtown Core (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 4 1 Cultural and recreational facilities Unit 5 I Government facilities Unit 8 I Single-family dwellings Unit 9 I Two-family dwellings Three (3) and four (4) family Unit 10 dwellings Unit 13 I Eating places Hotel, motel, and amusement Unit 14 facilities Unit 16 I Shopping goods Unit 17 I Transportation trades and services Unit 19 I Commercial recreation, small sites Unit 24 I Home occupations Offices, studios, and related Unit 25 services Unit 26 1 Multi -family dwellings Unit 34 Liquor stores Sidewalk Cafes Accessory dwellings Cluster Housing Development Small scale production Short-term rental Unit 40 Unit 41 Unit 44 Unit 45 Unit 46 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.27 - Main Street/Center (B) Uses. (1) Permitted uses. Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 I Three (3) and four (4) family dwellings Unit 13 1 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 I Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations 1 Unit 25 Offices, studios, and related services I Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.28 - Downtown General (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 45 Small scale production Unit 46 Short-term rental 161.29 - Neighborhood Conservation (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rental I FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 162: - USE UNITS 162.01 - Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit I Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 6 Agriculture Unit 7 1 Animal husbandry Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 1 Three (3) and four (4) family dwellings Unit 11 1 Manufactured home park Unit 12a I Limited business Unit 12b General business Unit 13 Eating places Unit 14 I Hotel, motel and amusement facilities Unit 15 I Neighborhood shopping goods Unit 16 Shopping goods -I FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 17 Transportation Trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 20 I Commercial recreation, large sites Unit 21 I Warehousing and wholesale Unit 22 I Manufacturing Unit 23 1 Heavy industrial Unit 24 1 Home occupation Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family dwellings Wholesale bulk petroleum storage facilities Unit 27 with underground storage tanks Unit 28 I I Center for collecting recyclable materials Unit 29 I Dance halls Unit 30 I Extractive uses Facilities emitting odors & facilities Unit 31 handling explosives Unit 32 I Sexually oriented business Unit 33 I Adult live entertainment club or bar � Unit 34 I Liquor stores Unit 35 'I Outdoor music establishments FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini -storage units Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental (0) Unit 14. Hotel, Motel, and Amusement Facilities. (1) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included Uses. Hotel Membership lodge Motel Motion picture theater Night club, not providing dancing or outdoor music I Tavern, not providing dancing or outdoor music Use Unit 46, Short-term rental is also permitted within Use FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 14 (UU) Unit 46. Short-term rental. Unit 46 is provided to allow a permanent residential dwelling unit, portion of a ailing unit, or room within a residential dwelling unit, to be leased and/or rented to a guest(s) Tor a penoa oT iess Included Uses. Short-term rentals 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 163: - USE CONDITIONS 163.01 - Listing The use conditions set forth in this chapter are the following: Bed and breakfast facilities Carnival, circus, amusement park or similar temporary open-air enterprise Child care, nursery school Dance halls Facilities emitting odors and facilities handling explosives Home occupations Manufactured homes Outdoor music establishments Sexually oriented businesses Short-term rentals Tandem lot development Wireless communications facilities 163.18 —Short-term rentals (A) General Standards. Residential Zoning Districts. Short-term rentals may be permitted in all zoning districts where residential uses are allowed by riaht. (2) Commercial and Mixed Use Zoning Districts. Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings as specified in Chapter 118 of the Fayetteville City Code. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STIR EDITS IN STRIKEOUT -UNDERLINE (3) Occupancy. Maximum of two (2) people per bedroom, plus two (2), w4h a ga*ir- , ,m r,f�� ^^^^I^ regardless ^f the number ^f bedrooms for the entire unit. (4) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (5) 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. (6) Short-term rental units are permitted 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. (7) 6 Month Start-up Period. After the enactment of the short-term rental ordinance, existing short- term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6-month start-up period, all short-term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short-term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre- existing short-term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short-term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e) of the Unified Development Code to the City's satisfaction. (b) Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently ooeratine short-term rentals. (c) All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. (8) 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. (9) Short-term rentals must comply with all applicable codes under City Code Section 118.01 and successfully obtain a business license prior to operation. Real Estate Investors NWA — Arkansas Short Term Rental Alliance Position Paper: Fayetteville Short Term Rental Ordinance December 17, 2020 In an effort to provide input for further consideration and revision regarding the proposed Short Term Rental Ordinance suggested at the December 1st City Council meeting, Real Estate Investors NWA and Arkansas Short Term Rental Alliance has drafted a Position Paper to present our views. Below are the Issues we find challenging and recommendations for further discussion. 1. Conditional Use Permit and Inspections We find the Conditional Use Permit too onerous for Type 2 STR owners and suspect it will also be burdensome to city officials charged with enacting the process. Most Type 2 owners are small investors unfamiliar with this process and we believe a blanket regulation such as this would lead to confusion, filing errors and ultimately noncompliance. SUGGESTED REVISION: We recommend this regulation be eliminated or alternatively with implementation only after the 2% Density Cap has been reached. A general Fire Inspection for each unit seems reasonable and would address any safety concerns while identifying possible code violations. The inspection process is already in place and would be the least burdensome on city officials. 2. 8-Person Cap on STR We find this regulation to be particularly burdensome. STR are neither residential owners nor hotels. We fall somewhere in between and are actually a separate business category. We understand the intent of both the Planning Commission and City Council is to make STRs legal without diminishing the beneficial aspects for entertainment, short term training/educational programs, prospective new residents and many other legitimate uses of temporary housing. Placing an 8-person cap on STR eliminates a large portion of our market, particularly the higher end housing so desired by event visitors, professionals exploring our "funky" city prior to a move and other social purposes. The harm this cap imposes includes unnecessarily restricting Highest and Best use for our properties, eliminating potential users of STR housing and lower revenue for both owners and the city SUGGESTED REVISION: We recommend the regulation remain 2 people per bedroom plus 2 and that the 8-person cap be eliminated. 3. Cap of 1 STR Unit Per Multi -Family Property We find this item to be an unwarranted over -regulation with no foundation, cause or need. It hampers our ability to efficiently maintain our units and is a gross interference in the ability to run our businesses as we see fit. Ultimately, we feel this will be deemed unconstitutional and again limit our capacity to operate our property in the Highest and Best use possible. SUGGESTED REVISION: We recommend this restriction be eliminated entirely. 4. Permanent Structure Requirement Part of the value and desirability of STRs is for renters to experience new, different and creative accommodations. Currently, there are many examples in Fayetteville including recreational vehicles, houseboats and even a Tree House. We believe these alternative housing options to be of great benefit and a major attraction to visitors of our unique city. SUGGESTED REVISION: We feel this requirement would benefit from further study and propose a 1-year review of STR uses and accommodations. At the end of the year, if there is deemed to be a problem, further action can be taken at that time. S. Owner or Agent Accessibility We feel the 24-7 availability and particularly the requirement of an agent to be physically present at the STR within one hour is unreasonable and probably unworkable. SUGGESTED REVISION: The availability requirement should be no different than that of any landlord or personal residential owner. 6. Special Events Prohibition We find this restriction unnecessary and confusing. Special events or temporary housing related to special events are the main purpose for STRs. Weddings at luxury accommodations, anniversaries, family reunions and other private parties are the reason renters seek STRs. Weekend corporate training events serve a beneficial and legitimate purpose for STRs. All these events and others not listed bring visitors, revenue and goodwill to Fayetteville. SUGGESTED REVISION: We find no reason or need for this restriction and recommend it be removed. If there is some foundational cause the planners were trying to accomplish, it should be more clearly defined and open to further discussion. It is our desire that this Position Paper be used to facilitate more dialogue resulting in an Ordinance beneficial to all parties. We hope the experience will foster additional collaboration among our members as stakeholders in providing a vibrant, fun and beneficial short term rental market within our beloved City of Fayetteville. Respectfully submitted, Real Estate Investors NWA Arkansas Short Term Rental Alliance TO: FROM: MEETING DATE: CITY ❑F FAYETTEVILLE ARKANSAS City of Fayetteville City Council CITY COUNCIL MEMO Mary McGetrick, Long Range Planning Manger April 611, 2021 SUBJECT: ADM 20-7000 Administrative Item (Amend Fayetteville Code of Ordinances: Short-term Residential Rentals): Submitted by the Development Services Department for revisions to the Fayetteville Code of Ordinances for short-term residential rentals. RECOMMENDATION: Staff recommends forwarding the proposed code change to the City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to approve ADM 20-7000 as recommend by City staff." BACKGROUND: The short-term rental code amendments were approved by Planning Commission in February 2019 and forwarded from the Ordinance review Sub -Committee to the full Council in March 2021. Staff presented a recommended code change along with alternatives. There were several members of the public at the Planning Commission, Council and Sub -Committee meetings and a variety of perspectives have been shared over the last year concerning how the City should handle short-term rentals. A short-term rental (STR) is the leasing out of a furnished residential dwelling on a short-term basis, generally less than a month. It is estimated that there are approximately 500-600 STR units in Fayetteville. However, Fayetteville's codes do not have specific rules for STRs and they are classified as hotels/motels in the zoning code. This prevents them from legally operating in a single-family district and there are numerous STRs currently in violation. In July 2019 the City Council adopted Resolution 172-19 directing staff to study and develop an ordinance for STRs for their consideration. The recommended code amendments in this report have been revised to incorporate the legal recommendations from the City Attorney's office and the Ordinance Review Sub -committee of Council. The primary revisions from the City Attorney's office included relocating many of the short-term rental requirements from Chapter 163 into Chapter 118, Business Licenses, changing enforcement staff to the Development Services Director, replacing "shalls" in certain places with "mays", and clarifying what is required for building inspection. The primary revisions, as shown highlighted in green in the attached amended ordinance, from the Sub- committee include an insurance rider requirement, a change in occupancy allowances and the addition of a sunset clause. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Public Input: As the first step in studying STIRS, the City hosted a focus group on August 19, 2019. The focus group represented various perspectives including neighborhood representatives, concerned citizens, rental owners and managers, and hotel owners. The group was guided by a professional facilitator to identify key issues and recommendations in moving forward with local rules for STIRS. On September 30, 2019, the city hosted an open public input meeting which allowed all attendees to provide input in writing and verbally on the issues identified by the focus group. The city staff continued to take comment from the public and elected officials over the last few months. After reviewing the public comment and completing extensive research on many cities' short-term rental codes, the City's consultant on the project, Garver LLC, completed a first draft of revisions to the Fayetteville Code of Ordinance for STIRS. This first draft was presented to the same focus group on January 15, 2020 for their review and comment. Staff presented the final draft ordinance to the focus group on November 51", 2020 DISCUSSION: The Development Services Department and their consultant, Garver LLC, have drafted amendments to the Fayetteville Code of Ordinances for short-term residential rentals. The primary issues proposed in the previous revisions include the following: • Location: STIRS would be allowed by right in all zoning districts where residential dwellings and hotel/motel uses are allowed. • Type 1 and Type 2 STRs: There are two types of STIRS. Type 1 is a full-time residence and Type 2 is a full-time STIR. Type 1's are not subject to density limitations, Type 2's are subject to density limitations. • Occupancy: Maximum of 2 people per bedroom plus 2, with a maximum of 9 people regardless of the nurvmhor of bedrr`e A definition of bedroom is included. • Permit: a business license must be obtained prior to operation. • Inspection: prior to approval of a business license the rental unit must pass a safety and egress inspection conducted by the Fayetteville Building Safety Division. A life safety and egress inspection will verify the basic life safety requirements like fire alarms and basic egress requirements like a door. The requirement for an inspection every three years has been removed; an inspection is only required for the initial license. • Grace period: 6 months for existing STIRS to obtain inspection and business license. After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short- term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre-existing short- term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short- term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01 (E)(9)(e) of the Unified Development Code to the City's satisfaction. Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. G:\ETC\Development Services Review\2020\Development Services\20-7000 ADM Amend Code of Ord. - Short Term Residential Rentals All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. Special events: No parties or special events allowed in STIRS by right. Parking: Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. Density limitations: Density limitations only apply to Type 2 STIRS. A city-wide density cap of two percent (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 the following: o More Type 2 short-term rentals than what is allowed by the city-wide density cap. o More than ten (10) percent or a single unit whichever is greater; of total dwelling units as Type 2 rentals within a multi -family dwelling complex. o Individual 2-family, 3 and 4-family buildings that are owned by the same person or entity 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. o Type 2 short-term rentals in commercial and mixed -use zoning districts where hotel/motel are permitted by right shall not count towards the city-wide density cap. o Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings as specified in Chapter Fees: STIRS would only be subject to the typical business license and occupancy inspection fees. Exceptions: Exceptions to the short-term rental code are subject to review as a conditional use permit. Request: Staff requests that the City Council amend chapter 118 of the Business Regulations and chapters 151, 161, 162, and 163 of the Unified Development Code for short-term rentals. The code changes are described above and shown in the attached strikeout -highlight version of the code. STAFF RECOMMENDATION: Staff recommends that the City Council approve the code changes as outlined above and in the attached ordinance. BUDGET/STAFF IMPACT: N/A Attachments/website: • Proposed code changes shown in strikeout — Updated 3/17/21 o Approved changes of the Ordinance Sub -Committee are highlighted in green • Minutes of the March 17th, 2021 meeting of the Ordinance Review Sub -Committee • City of Fayetteville short-term rental website http://www.favetteville-ar.gov/3801/Short-Term-Rentals G:\ETC\Development Services Review\2020\Development Services\20-7000 ADM Amend Code of Ord. - Short Term Residential Rentals FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 118: - BUSINESS REGISTRY AND LICENSES 118.01 -Applicability (A) General Businesses. (1) All businesses, institutions, corporations, LLCs, LLPs, partnerships, non-profit associations or corporations, sole proprietorships or other non -governmental entities with a physical address or which operates either a legally permitted home occupation or a short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. A covered business or entity with multiple physical addresses in Fayetteville must obtain a separate business license for each such business address. (2) In addition, any person or non -governmental entity who has or should have a sales tax permit and operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (3) In addition, any person or non -governmental entity who is engaged in any trade or occupation which requires federal or state licenses and who operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (B) Religious Entities. Churches and other religious institutions are exempt from this chapter unless they are performing functions like daycare that must be licensed by the state or that generate revenue upon which state sales or use taxes must be paid. The city business license shall not be required for the religious entity but only for those functions that require a state license or upon which state sales or use taxes must be paid. (C) Minors Exempt. No individual under eighteen (18) years of age shall be required to register or obtain a business license. (D) Individual Landlords Renting Less Than Three (3) Dwelling Units Exempt. An individual landlord, not operating as a corporation, LLC, LLP, or other business entity, who rents out less than three (3) dwelling units, and no commercial, industrial, or institutional unit, site or building shall be exempt from this chapter. However, a landlord that operates a short-term residential rental shall not be exempt and must apply for and obtain a business license for each individual short-term rental. (E) Short-term rentals. A residential dwelling unit, portion of a dwelling unit, or room 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. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 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 prior to the City issuing a business license, except as defined in �118.01(E)(4). (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 FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE (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; and (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) 6 Month Start-up Period. After the enactment of the short term rental ordinance, existing short term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6 month start-up period, all short term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the date Planning Commission forwarded the approved ordinance amendment to City Council or February 10, 2020 documenting that the unit was utilized as a short-term rental to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. (a) After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short-term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre- existing short-term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short-term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e) of the Unified Development Code to the City's satisfaction. (b) Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (c) All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. (5) No hosting platform shall facilitate or conduct any booking transaction for a short-term rental in the City without the short-term rental first obtaining and maintaining possession of the requisite business license. (6) A separate business license shall be required for each dwelling unit used as a short-term rental. (7) Any change in ownership requires a new or amended business license. If a why wri, ired contact information changes for the associated business license, the person to se was issuea s (9) License Application. The application for a business license shall include at minimum, the following information from applicants: FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STR EDITS IN STRIKEOUT -UNDERLINE (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 subiect 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 leaal name. mailina 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 DPVPInnmPnt SPrvir.Ps Director_ (10) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE 11) Leoal Duties of License Holders. An owner oossessina a short-term rental license shall com 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. Exceptions to the occupancy standards forshort- term (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. No hosting platform or owner/agent may offer, advertise, book, facilitate, or engage in short-term rental activity or advertisement that violates any provision of the short-term rental code. (c) Information and Postina. Business licensees shall provide to auests and post uously in the common area of the short-term rental unit the City phone number to report a safety complaint. (12) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during quest occupancy, including nights and weekends, in order to facilitate 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) hour of being contacted if required and at the sole discretion of emergency services or the Development Services Director. (13) 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 years and shall be provided to the City upon request. (14) 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. (15) Criminal activity. The owner shall timely report any known or reasonably suspected criminal activity by a quest to the Fayetteville Police Department. (16) 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. (17) 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). (18) Density For Type 2 Short-term Rentals. A city-wide density cap of two percent (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 hiaher. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. (b) More than ten (10) percent 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. 2 short-term rentals in commercial and mixed -use zonina districts where hote are permitted by right shall not count towards the city-wide density cap. FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE 19) 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 full night, or to more than one party of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the 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. (20) Short-term rentals must comply with all applicable codes under Unified Development Code Chapter 163.18 and successfully obtain a business license prior to operation. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 151: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 151: DEFINITIONS Agent, Owner -Designated. A person designated by the owner of a property, where designee has a physical address within the City of Fayetteville, is accessible 24-hours a day, and otherwise in compliance with the UDC reauirements for short-term rentals. The owner may serve as their own aaent. Bedroom. A fully enclosed portion of a building designed or intended to be used principally for sleeping purposes. Booking transaction. Any contractual agreement between a quest and an owner relative to a short-term rental. Dwelling unit (zoning). One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Guest, Short-term rental. Any person who occupies a short-term rental, for a period of less than 30 consecutive days, pursuant to a short-term rental lease term and/or other like agreement, for the purposes of temporary lodging. Host, Short-term rental. The owner(s) of a short-term rental who has authority to offer the dwelling unit, portion thereof. or a room within the dwellina unit as a leaal short-term rental. Owner. A person who owns at least a 50 percent interest in a dwelling unit used for short-term rentals. Permanent residential dwelling. A structure that has been legally permitted or is a legal, non -conforming structure allowed for permanent occupancy as a residential dwelling. Hosting Platform. A person or entity that participates in the short-term rental business by providing and collecting or receiving a fee(s) for facilitating booking transactions through which a short-term rental host may offer a short-term rental to a short-term rental guest. Hosting platforms typically, though not always, facilitate booking transactions through an on line platform that allows a short-term rental host to advertise the short-term rental through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential short-term rental guest reserve a guestroom(s) and arrange payment, whether the short-term rental guest pays rent directly to the short-term rental host or to the hosting platform. Short-term rental. A residential dwelling unit, portion of a dwelling unit, or room within a residential dwelling unit, leased and/or rented to a quest(s), for a period of less than thirty consecutive (30) days. 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. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Type 1 short-term rental. 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 prior to the City issuing a business license. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 161: - ZONING REGULATIONS 161.02 - Zoning Compliance And Business License (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a business license has been issued by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. (B) Conforming Uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to §118 of the Fayetteville Code. (C) Nonconforming Uses. (1) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to September 7, 2010 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 3 Public protection facilities 4 Cultural and recreational facilities 5 Government facilities 6 Agricultural 7 Animal husbandry 12a Limited business 13 Eating places 15 Neighborhood shopping goods 24 Home occupation 25 Offices, studios, and related services FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE (2) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 2 City-wide uses by conditional use permit 14 Hotel, motel and amusement facilities 16 Shopping goods 17 Transportation trades and services 18 Gasoline service stations & drive in/drive through restaurants 191 Commercial recreation, small sites 201 Commercial recreation, large sites 211 Warehousing and wholesale 221 Manufacturing 231 Heavy industrial Wholesale bulk petroleum storage 27 facilities with underground tanks 28 1 Center for collecting recyclable materials 291 Dance halls 30' Extractive uses FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 31 Facilities emitting odors/handling explosives 32 Sexually oriented businesses 33 Adult live entertainment club or bar 341 Liquor stores 351 Outdoor music establishments 361 Wireless communications facilities 381 Mini -storage units 391 Auto salvage and junk yards 401 Sidewalk cafes 421 Clean technologies 431 Animal boarding and training 161.3 - District R-A, Residential -Agricultural (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 I Agriculture Unit 7 I Animal husbandry Unit 8 Single-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 1 Accessory dwellings Unit 43 1 Animal boarding and training Unit 46 Short-term rentals 161.4 -District RSF-.5, Residential Single -Family -One Half (%) Unit Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.5 - District RSF-1, Residential Single -Family - One (1) Unit Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 F Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.6 -District RSF-2, Residential Single -Family -Two (2) Units Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.7 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.8 - District RSF-7, Residential Single -Family - Seven (7) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.9 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 8 I Single-family dwellings Unit 41 I Accessory dwellings Unit 46 Short-term rentals 161.11- District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (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 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals 161.12 - District RI-U, Residential Intermediate - Urban (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 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals 161.13 - District RMF-6, Residential Multi -Family - Six (6) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 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 rental 161.14 - District RMF-12, Residential Multi -Family - Twelve (12) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.15 - District RMF-18, Residential Multi -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.16 - District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.17 - District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right 'I Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.18 - NS-L, Neighborhood Services - Limited (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 Limited Business 12a Unit 24 Home occupations FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rental 161.19 - NS-G, Neighborhood Services - General (B) Uses. (1) Permitted Uses. Unit 1 1 City-wide uses by right Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 I Three (3) and four (4) family dwellings Unit 12b I General business Unit 24 1 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rental 161.20 - District R-O, Residential Office (B) Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE (1) Permitted uses. Unit 1 I City-wide uses by right Unit 5 I Government facilities Unit 8 I Single-family dwellings Unit 9 I Two-family dwellings Unit 12a . Limited business Unit 25 I Offices, studios, and related services Unit 41 I Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rental -I 161.22 - Community Services (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 101Three (3) and four (4) family dwellings Unit 13 Eating places FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 15 Neighborhood Shopping goods Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.24 - Urban Thoroughfare (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 I Single-family dwellings Unit 9 I Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 13 I Eating places Hotel, motel and amusement Unit 14 services Unit 16 I Shopping goods Unit 17 I Transportation trades and services Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Offices, studios, and related Unit 25 services Unit 26 Multi -family dwellings Unit 34 I Liquor store Unit 40 I Sidewalk cafes Unit 41 I Accessory Dwellings Unit 44 I Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.25 - District C-3, Central Commercial (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 13 1 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 I Shopping goods Gasoline service stations & drive-in Unit 18 restaurants Unit 19 Commercial recreation, small sites Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family dwellings Unit 34 1 Liquor stores Unit 40 1 Sidewalk Cafes Unit 44 1 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.26 - Downtown Core (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 4 1 Cultural and recreational facilities Unit 5 I Government facilities Unit 8 I Single-family dwellings Unit 9 I Two-family dwellings Three (3) and four (4) family Unit 10 dwellings Unit 13 I Eating places Hotel, motel, and amusement Unit 14 facilities Unit 16 I Shopping goods Unit 17 I Transportation trades and services Unit 19 I Commercial recreation, small sites Unit 24 I Home occupations Offices, studios, and related Unit 25 services Unit 26 1 Multi -family dwellings Unit 34 Liquor stores Sidewalk Cafes Accessory dwellings Cluster Housing Development Small scale production Short-term rental Unit 40 Unit 41 Unit 44 Unit 45 Unit 46 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.27 - Main Street/Center (B) Uses. (1) Permitted uses. Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 I Three (3) and four (4) family dwellings Unit 13 1 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 I Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations 1 Unit 25 Offices, studios, and related services I Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.28 - Downtown General (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 45 Small scale production Unit 46 Short-term rental 161.29 - Neighborhood Conservation (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rental I FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 162: - USE UNITS 162.01 - Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit I Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 6 Agriculture Unit 7 1 Animal husbandry Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 1 Three (3) and four (4) family dwellings Unit 11 1 Manufactured home park Unit 12a I Limited business Unit 12b General business Unit 13 Eating places Unit 14 I Hotel, motel and amusement facilities Unit 15 I Neighborhood shopping goods Unit 16 Shopping goods -I FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 17 Transportation Trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 20 I Commercial recreation, large sites Unit 21 I Warehousing and wholesale Unit 22 I Manufacturing Unit 23 1 Heavy industrial Unit 24 1 Home occupation Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family dwellings Wholesale bulk petroleum storage facilities Unit 27 with underground storage tanks Unit 28 I I Center for collecting recyclable materials Unit 29 I Dance halls Unit 30 I Extractive uses Facilities emitting odors & facilities Unit 31 handling explosives Unit 32 I Sexually oriented business Unit 33 I Adult live entertainment club or bar � Unit 34 I Liquor stores Unit 35 'I Outdoor music establishments FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini -storage units Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental (0) Unit 14. Hotel, Motel, and Amusement Facilities. (1) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included Uses. Hotel Membership lodge Motel Motion picture theater Night club, not providing dancing or outdoor music I Tavern, not providing dancing or outdoor music Use Unit 46, Short-term rental is also permitted within Use FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 14 (UU) Unit 46. Short-term rental. Unit 46 is provided to allow a permanent residential dwelling unit, portion of a ailing unit, or room within a residential dwelling unit, to be leased and/or rented to a guest(s) Tor a penoa oT iess Included Uses. Short-term rentals 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 163: - USE CONDITIONS 163.01 - Listing The use conditions set forth in this chapter are the following: Bed and breakfast facilities Carnival, circus, amusement park or similar temporary open-air enterprise Child care, nursery school Dance halls Facilities emitting odors and facilities handling explosives Home occupations Manufactured homes Outdoor music establishments Sexually oriented businesses Short-term rentals Tandem lot development Wireless communications facilities 163.18 —Short-term rentals General Standards Residential Zoning Districts. Short-term rentals may be permitted in all zoning districts where residential uses are allowed by riaht. (2) Commercial and Mixed Use Zoning Districts. Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings as specified in Chapter 118 of the Fayetteville City Code. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STIR EDITS IN STRIKEOUT -UNDERLINE (3) Occupancy. Maximum of two (2) people per bedroom, plus two (2), ^^^^I^ regardless of then mber ^f bedrooms for the entire unit when operated as a short-term rental. (4) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (5) 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. (6) Short-term rental units are permitted allowed in any structure established as a permanent 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. (7) 6 Month Start-up Period. After the enactment of the short-term rental ordinance, existing short- term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6-month start-up period, all short-term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adsp#+on date Planning Commission forwarded the approved ordinance amendment to City Council or February 10, 2020 documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determininq whether such submitted oroof is sufficient and satisfactorv. (a) After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short- term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre-existing short-term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short-term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e) of the Unified Development Code to the City's satisfaction. Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. u All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. 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. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STIR EDITS IN STRIKEOUT -UNDERLINE (9) Short-term rentals must comply with all applicable codes under CitV Code Section 118.01 and successfully obtain a business license prior to operation. OF {AYE w, D'Andre JonesV m Council Member Aged Matthew Petty JA Council Member 9RK4 NSPS Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton MINUTES Ordinance Review Commission Meeting Wednesday, March 17, 2021 Sloan Scroggin Council Member Holly Hertzberg Council Member 1. Chairman Sloan Scroggin called the meeting to order at 5:30 P.M. with himself and Holly Hertzberg present by Zoom. 2. Mary McGetrick began to explain the current status with amendments of the Short-term Rental Ordinance as presented at the last Ordinance Review Committee Meeting. Committee Member Matthew Petty soon joined the meeting. Mary discussed some additional potential changes for the Ordinance Review Committee's consideration including a Sunset Clause so the ordinance could be reviewed and safely changed in the future if experience with the ordinance revealed problems or issues. 3. Chairman Scroggin allowed the two members of the public attending by Zoom to speak. 4. Chairman Scroggin then asked City Attorney Kit Williams to discuss his proposal. Kit apologized for submitting anything at this late time. His proposal would allow residential short-term rentals which would follow the same rules as normal rentals to operate without needing any new permits. Operators of short-term rentals that desired 8 or more occupants would be deemed Micro -Hotels and could operate in commercial or mixed -use districts without conditional uses. Kit wanted to recognize those as businesses rather than residential rentals and include them in Use Unit 12a Limited Business which would require a conditional use like all 113 W. Mountain Fayetteville AR 72701 (479) 575-8313 www lavettev'lle-ar eo the other listed businesses to operate in a single-family residential district. Kit opposed treating short-term operators who had been violating City law better (giving them automatic conditional use permits) than property owners who had not broken the law. 5. The members of the Ordinance Review Committee approved the Short- term Rental Ordinance presented by Mary including the automatic conditional use permits for owners already operating short-term rentals for a substantial period of time. All short-term rentals (both #1 and #2) would receive occupancy limits of two persons per bedroom, plus two additional persons. No cap of 8 o 10 occupants would be enacted. A sunset clause for about 14 months after the six month initial period when current short-term operators were supposed to get safety inspections performed by the city accomplished was approved. The Committee wanted to add a requirement that operators have a rider to their homeowner's insurance policy for the short-term rental. 6. The Ordinance Review Committee unanimously recommended that the City Council pass the Short-term Rental Ordinance as amended. Mary will send out the revised ordinance to the members of the Ordinance Review Committee to ensure they are satisfied with her drafting including the new provisions. 7. The Committee adjourned around 7:30 P.M. City Attorney Kit Williams FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 118: - BUSINESS REGISTRY AND LICENSES 118.01 -Applicability (A) General Businesses. (1) All businesses, institutions, corporations, LLCs, LLPs, partnerships, non-profit associations or corporations, sole proprietorships or other non -governmental entities with a physical address or which operates either a legally permitted home occupation or a short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. A covered business or entity with multiple physical addresses in Fayetteville must obtain a separate business license for each such business address. (2) In addition, any person or non -governmental entity who has or should have a sales tax permit and operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (3) In addition, any person or non -governmental entity who is engaged in any trade or occupation which requires federal or state licenses and who operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (B) Religious Entities. Churches and other religious institutions are exempt from this chapter unless they are performing functions like daycare that must be licensed by the state or that generate revenue upon which state sales or use taxes must be paid. The city business license shall not be required for the religious entity but only for those functions that require a state license or upon which state sales or use taxes must be paid. (C) Minors Exempt. No individual under eighteen (18) years of age shall be required to register or obtain a business license. (D) Individual Landlords Renting Less Than Three (3) Dwelling Units Exempt. An individual landlord, not operating as a corporation, LLC, LLP, or other business entity, who rents out less than three (3) dwelling units, and no commercial, industrial, or institutional unit, site or building shall be exempt from this chapter. However, a landlord that operates a short-term residential rental shall not be exempt and must apply for and obtain a business license for each individual short-term rental. (E) Short-term rentals. A residential dwelling unit, portion of a dwelling unit, or room 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. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 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 prior to the City issuing a business license, except as defined in �118.01(E)(4). (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 FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE (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; and (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) 6 Month Start-up Period. After the enactment of the short term rental ordinance, existing short term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6 month start-up period, all short term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the date Planning Commission forwarded the approved ordinance amendment to City Council or February 10, 2020 documenting that the unit was utilized as a short-term rental to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. (a) After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short-term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre- existing short-term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short-term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e) of the Unified Development Code to the City's satisfaction. (b) Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (c) All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. (5) No hosting platform shall facilitate or conduct any booking transaction for a short-term rental in the City without the short-term rental first obtaining and maintaining possession of the requisite business license. (6) A separate business license shall be required for each dwelling unit used as a short-term rental. (7) Any change in ownership requires a new or amended business license. If a why wri, ired contact information changes for the associated business license, the person to se was issuea s (9) License Application. The application for a business license shall include at minimum, the following information from applicants: FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STR EDITS IN STRIKEOUT -UNDERLINE (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 subiect 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 leaal name. mailina 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 DPVPInnmPnt SPrvir.Ps Director (10) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE 11) Leoal Duties of License Holders. An owner oossessina a short-term rental license shall com 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. Exceptions to the occupancy standards forshort- term (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. No hosting platform or owner/agent may offer, advertise, book, facilitate, or engage in short-term rental activity or advertisement that violates any provision of the short-term rental code. (c) Information and Postina. Business licensees shall provide to auests and post uously in the common area of the short-term rental unit the City phone number to report a safety complaint. (12) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during quest occupancy, including nights and weekends, in order to facilitate 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) hour of being contacted if required and at the sole discretion of emergency services or the Development Services Director. (13) 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 years and shall be provided to the City upon request. (14) 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. (15) Criminal activity. The owner shall timely report any known or reasonably suspected criminal activity by a quest to the Fayetteville Police Department. (16) 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. (17) 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). (18) Density For Type 2 Short-term Rentals. A city-wide density cap of two percent (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 hiaher. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. (b) More than ten (10) percent 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. 2 short-term rentals in commercial and mixed -use zonina districts where hote are permitted by right shall not count towards the city-wide density cap. FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE 19) 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 full night, or to more than one party of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the 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. (20) Short-term rentals must comply with all applicable codes under Unified Development Code Chapter 163.18 and successfully obtain a business license prior to operation. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 151: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 151: DEFINITIONS Agent, Owner -Designated. A person designated by the owner of a property, where designee has a physical address within the City of Fayetteville, is accessible 24-hours a day, and otherwise in compliance with the UDC reauirements for short-term rentals. The owner may serve as their own aaent. Bedroom. A fully enclosed portion of a building designed or intended to be used principally for sleeping purposes. Booking transaction. Any contractual agreement between a quest and an owner relative to a short-term rental. Dwelling unit (zoning). One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Guest, Short-term rental. Any person who occupies a short-term rental, for a period of less than 30 consecutive days, pursuant to a short-term rental lease term and/or other like agreement, for the purposes of temporary lodging. Host, Short-term rental. The owner(s) of a short-term rental who has authority to offer the dwelling unit, portion thereof. or a room within the dwellina unit as a leaal short-term rental. Owner. A person who owns at least a 50 percent interest in a dwelling unit used for short-term rentals. Permanent residential dwelling. A structure that has been legally permitted or is a legal, non -conforming structure allowed for permanent occupancy as a residential dwelling. Hosting Platform. A person or entity that participates in the short-term rental business by providing and collecting or receiving a fee(s) for facilitating booking transactions through which a short-term rental host may offer a short-term rental to a short-term rental guest. Hosting platforms typically, though not always, facilitate booking transactions through an on line platform that allows a short-term rental host to advertise the short-term rental through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential short-term rental guest reserve a guestroom(s) and arrange payment, whether the short-term rental guest pays rent directly to the short-term rental host or to the hosting platform. Short-term rental. A residential dwelling unit, portion of a dwelling unit, or room within a residential dwelling unit, leased and/or rented to a quest(s), for a period of less than thirty consecutive (30) days. 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. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Type 1 short-term rental. 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 prior to the City issuing a business license. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 161: - ZONING REGULATIONS 161.02 - Zoning Compliance And Business License (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a business license has been issued by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. (B) Conforming Uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to §118 of the Fayetteville Code. (C) Nonconforming Uses. (1) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to September 7, 2010 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 3 Public protection facilities 4 Cultural and recreational facilities 5 Government facilities 6 Agricultural 7 Animal husbandry 12a Limited business 13 Eating places 15 Neighborhood shopping goods 24 Home occupation 25 Offices, studios, and related services FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE (2) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 2 City-wide uses by conditional use permit 14 Hotel, motel and amusement facilities 16 Shopping goods 17 Transportation trades and services 18 Gasoline service stations & drive in/drive through restaurants 191 Commercial recreation, small sites 201 Commercial recreation, large sites 211 Warehousing and wholesale 221 Manufacturing 231 Heavy industrial Wholesale bulk petroleum storage 27 facilities with underground tanks 28 1 Center for collecting recyclable materials 291 Dance halls 30' Extractive uses FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 31 Facilities emitting odors/handling explosives 32 Sexually oriented businesses 33 Adult live entertainment club or bar 341 Liquor stores 351 Outdoor music establishments 361 Wireless communications facilities 381 Mini -storage units 391 Auto salvage and junk yards 401 Sidewalk cafes 421 Clean technologies 431 Animal boarding and training 161.3 - District R-A, Residential -Agricultural (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 I Agriculture Unit 7 I Animal husbandry Unit 8 Single-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 1 Accessory dwellings Unit 43 1 Animal boarding and training Unit 46 Short-term rentals 161.4 -District RSF-.5, Residential Single -Family -One Half (%) Unit Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.5 - District RSF-1, Residential Single -Family - One (1) Unit Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 F Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.6 -District RSF-2, Residential Single -Family -Two (2) Units Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.7 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.8 - District RSF-7, Residential Single -Family - Seven (7) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.9 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 8 I Single-family dwellings Unit 41 I Accessory dwellings Unit 46 Short-term rentals 161.11- District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (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 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals 161.12 - District RI-U, Residential Intermediate - Urban (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 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals 161.13 - District RMF-6, Residential Multi -Family - Six (6) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 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 rental 161.14 - District RMF-12, Residential Multi -Family - Twelve (12) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.15 - District RMF-18, Residential Multi -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.16 - District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 rental FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.17 - District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right 'I Unit 8 Single-family dwellings Unit 9 Two-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 rental 161.18 - NS-L, Neighborhood Services - Limited (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 Limited Business 12a Unit 24 Home occupations FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rental 161.19 - NS-G, Neighborhood Services - General (B) Uses. (1) Permitted Uses. Unit 1 1 City-wide uses by right Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 I Three (3) and four (4) family dwellings Unit 12b I General business Unit 24 1 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rental 161.20 - District R-O, Residential Office (B) Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE (1) Permitted uses. Unit 1 I City-wide uses by right Unit 5 I Government facilities Unit 8 I Single-family dwellings Unit 9 I Two-family dwellings Unit 12a . Limited business Unit 25 I Offices, studios, and related services Unit 41 I Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rental -I 161.22 - Community Services (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 101Three (3) and four (4) family dwellings Unit 13 Eating places FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 15 Neighborhood Shopping goods Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.24 - Urban Thoroughfare (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 I Single-family dwellings Unit 9 I Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 13 I Eating places Hotel, motel and amusement Unit 14 services Unit 16 I Shopping goods Unit 17 I Transportation trades and services Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Offices, studios, and related Unit 25 services Unit 26 Multi -family dwellings Unit 34 I Liquor store Unit 40 I Sidewalk cafes Unit 41 I Accessory Dwellings Unit 44 I Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.25 - District C-3, Central Commercial (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 13 1 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 I Shopping goods Gasoline service stations & drive-in Unit 18 restaurants Unit 19 Commercial recreation, small sites Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family dwellings Unit 34 1 Liquor stores Unit 40 1 Sidewalk Cafes Unit 44 1 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.26 - Downtown Core (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 4 1 Cultural and recreational facilities Unit 5 I Government facilities Unit 8 I Single-family dwellings Unit 9 I Two-family dwellings Three (3) and four (4) family Unit 10 dwellings Unit 13 I Eating places Hotel, motel, and amusement Unit 14 facilities Unit 16 I Shopping goods Unit 17 I Transportation trades and services Unit 19 I Commercial recreation, small sites Unit 24 I Home occupations Offices, studios, and related Unit 25 services Unit 26 1 Multi -family dwellings Unit 34 Liquor stores Sidewalk Cafes Accessory dwellings Cluster Housing Development Small scale production Short-term rental Unit 40 Unit 41 Unit 44 Unit 45 Unit 46 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.27 - Main Street/Center (B) Uses. (1) Permitted uses. Unit 1 I City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 I Three (3) and four (4) family dwellings Unit 13 1 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 I Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations 1 Unit 25 Offices, studios, and related services I Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.28 - Downtown General (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 45 Small scale production Unit 46 Short-term rental 161.29 - Neighborhood Conservation (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rental I FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 162: - USE UNITS 162.01 - Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit I Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 6 Agriculture Unit 7 1 Animal husbandry Unit 8 1 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 1 Three (3) and four (4) family dwellings Unit 11 1 Manufactured home park Unit 12a I Limited business Unit 12b General business Unit 13 Eating places Unit 14 I Hotel, motel and amusement facilities Unit 15 I Neighborhood shopping goods Unit 16 Shopping goods -I FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 17 Transportation Trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 20 I Commercial recreation, large sites Unit 21 I Warehousing and wholesale Unit 22 I Manufacturing Unit 23 1 Heavy industrial Unit 24 1 Home occupation Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family dwellings Wholesale bulk petroleum storage facilities Unit 27 with underground storage tanks Unit 28 I I Center for collecting recyclable materials Unit 29 I Dance halls Unit 30 I Extractive uses Facilities emitting odors & facilities Unit 31 handling explosives Unit 32 I Sexually oriented business Unit 33 I Adult live entertainment club or bar � Unit 34 I Liquor stores Unit 35 'I Outdoor music establishments FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini -storage units Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental (0) Unit 14. Hotel, Motel, and Amusement Facilities. (1) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included Uses. Hotel Membership lodge Motel Motion picture theater Night club, not providing dancing or outdoor music I Tavern, not providing dancing or outdoor music Use Unit 46, Short-term rental is also permitted within Use FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 14 (UU) Unit 46. Short-term rental. Unit 46 is provided to allow a permanent residential dwelling unit, portion of a ailing unit, or room within a residential dwelling unit, to be leased and/or rented to a guest(s) Tor a penoa oT iess Included Uses. Short-term rentals 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 163: - USE CONDITIONS 163.01 - Listing The use conditions set forth in this chapter are the following: Bed and breakfast facilities Carnival, circus, amusement park or similar temporary open-air enterprise Child care, nursery school Dance halls Facilities emitting odors and facilities handling explosives Home occupations Manufactured homes Outdoor music establishments Sexually oriented businesses Short-term rentals Tandem lot development Wireless communications facilities 163.18 —Short-term rentals General Standards Residential Zoning Districts. Short-term rentals may be permitted in all zoning districts where residential uses are allowed by riaht. (2) Commercial and Mixed Use Zoning Districts. Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings as specified in Chapter 118 of the Fayetteville City Code. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STIR EDITS IN STRIKEOUT -UNDERLINE (3) Occupancy. Maximum of two (2) people per bedroom, plus two (2), ^^^^I^ regardless of then mber ^f bedrooms for the entire unit when operated as a short-term rental. (4) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (5) 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. (6) Short-term rental units are permitted allowed in any structure established as a permanent 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. (7) 6 Month Start-up Period. After the enactment of the short-term rental ordinance, existing short- term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6-month start-up period, all short-term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adsp#+on date Planning Commission forwarded the approved ordinance amendment to City Council or February 10, 2020 documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determininq whether such submitted oroof is sufficient and satisfactorv. (a) After the enactment of the short-term rental ordinance, existing short-term rental operators may temporarily continue to operate and shall have up to six months to obtain a business license and be considered in compliance. After the six month start-up period, all short- term rental units must have a business license to operate and be considered in compliance. To qualify for this exemption from having to petition the Planning Commission to obtain an individualized conditional use permit as a pre-existing short-term rental, satisfactory proof of operation within the last three years and prior to the enactment date must be provided to the City such as a copy of an advertisement listing the unit and a copy of a transaction documenting that the unit was utilized as a short-term rental within the applicable time period. Short-term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e) of the Unified Development Code to the City's satisfaction. Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up period which are currently operating in 2, 3 and 4 unit buildings in which more than 1 unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. u All Type 2 short-term rentals submitting an application for a business license or permit after the six month grace period has expired shall be required to obtain an individualized conditional use permit from the Planning Commission and pass the City's premises inspection prior to the City being able to issue a business license. 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. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STIR EDITS IN STRIKEOUT -UNDERLINE (9) Short-term rentals must comply with all applicable codes under CitV Code Section 118.01 and successfully obtain a business license prior to operation. Received 4/7/21 8:37 AM DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Mary McGetrick, Long Range Planner Jonathan Curth, Development Manager FROM: Kit Williams, City Attorney q4 DATE: April 2, 2021 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Explanation of the Constitutional Requirement for Equal Protection of the Laws for the Short-term Rental Ordinance CONSTITUTIONAL PROVISIONS "(N)or shall any State ... deny to any person within its jurisdiction the equal protection of the laws." 14th Amendment to United States Constitution "The equality of all persons before the law is recognized, and shall ever remain inviolate..." Arkansas Constitution Article 2 §3 Equality before the law. "The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens. "Arkansas Constitution Article 2§18 Privileges and Immunities -Equality "The Equal Protection Clause of the Fourteenth Amendment 'is essentially a direction that all persons similarly situated should be treated alike."' Lawrence v. Texas, 539 US 558, 579 (2003); Justice O'Connor concurring. SHORT-TERM RENTAL ORDINANCE ISSUES The proposed Short-term Rental Ordinance must comply with all these constitutional provisions to be valid. Let me illustrate the Equal Protection of the Laws and other constitutional problems inherent within the ordinance presented by the Planning Department for enactment by how three typical Fayetteville landlords would be treated pursuant to this law. Amy, Bob, and Connie are three landlords that each own a typical three bedroom house in a Fayetteville neighborhood. Although having slightly different floor plans, all three houses have about the same square footage built on similarly sized lots. The houses sit side by side along the same residential street and have all been owned and operated as rentals for the last decade. Amy and Connie have always operated their houses as normal monthly rentals and obeyed all zoning and other city regulations. Bob, who owns the middle house, started off also renting his,house as a monthly rental. However, about three years ago Bob decided to try to increase his annual profit on his house by listing and operating the house as a short-term rental (less than 30 days at a time). This short-term rental operation violated Fayetteville's Unified Development Code, but generated significantly more money for Bob. Amy and Connie learned that Bob has been using his house as a short-term rental because their tenants have complained about the large number of cars parking not only in Bob's driveway, but also spilling over into and taking up much of the on -street parking spaces. The proposed Short-term Rental Ordinance requires that short-term rental operators who rent their entire house and do not live there must obtain a Conditional Use Permit from the Planning Commission. Actually, the ordinance only requires that landlords like Amy who have not violated the Fayetteville Code must pay the $100.00 application fee and request the Planning Commission to grant them a Conditional Use Permit. On the other hand, landlords like Bob (and hundreds of others) who have long violated City law and disobeyed the Unified Development Code by illegally operating short- term rentals get a free pass and a free Conditional Use Permit. Bob and hundreds of his fellow law breakers do not have to apply to the Planning Commission (and pay the $100.00 application fee), nor spend hours to attend the Planning Commission Meeting to request the required Conditional Use Permit. The proposed ordinance automatically and for free grants them a Conditional Use Permit. If a landlord like Amy has obeyed our Fayetteville Code, she must pay the $100.00 application fee and hope the Planning Commission will grant her a Conditional Use Permit to operate a short-term rental. In contrast, a landlord like Bob who has long violated the Fayetteville Code by illegally operating a short-term rental gets favorable treatment from our law by automatically receiving a free Conditional Use Permit. No matter how you look at it, a landlord like Bob who has long violated our Code is treated much more favorably than a landlord like Amy who has not violated our Code. Amy, who wants to convert her regular rental into a short-term rental once it becomes legal, is treated much worse ($100.00 fee; time, effort and uncertainty of applying to and presenting her request for a Conditional Use Permit to the Planning Commission) than Bob who immediately is granted his free Conditional Use Permit with no hoops to jump through, no uncertainty, no efforts, and none of preparation hours required of Amy. 2 The favoring of hundreds of law breakers over potentially thousands of our citizens who have faithfully obeyed Fayetteville's laws does not only appear pretty unfair, but may be a violation of the Equal Protection of the Laws Clause. Justice Kennedy writing for the United Sates Supreme Court in Romer v. Evans, 517 U.S. 620, 633-634 (1996) puts it this way: "It is not within our constitutional tradition to enact laws of this sort. Central both to the idea of the rule of law and to our own Constitution's guarantee of equal protection is the principle that government and each of its parts remain open on impartial terms to all who seek its assistance. 'Equal protection of the laws is not achieved through indiscriminate imposition of inequalities'. Respect for this principle explains why laws singling out a certain class of citizens for disfavored legal status or general hardships are rare. A law declaring that in general it shall be more difficult for one group of citizens than for all others to seek aid from the government is itself a denial of equal protection of the laws in the most literal sense. 'The guaranty of 'equal protection of the laws is a pledge of the protection of equal laws.'" (Citations omitted) In the case of the Short-term rental ordinance, the "certain class of citizens for disfavored legal status or general hardships" are those like Amy who have obeyed our law. Those who are favored are those like Bob who have broken our law. No matter what arguments the City may present, favoring law -breaking over law -obeying citizens will be hard to justify. Amy would be treated unequally because it will be more expensive, time consuming, and difficult for her to have to try to obtain the Conditional Use Permit to operate a short-term rental than Bob who would have received his Conditional Use Permit automatically with no fee. FURTHER DISFAVORED TREATMENT OF LAWFUL LANDLORDS Amy and other citizens who have obeyed our law also could be denied even the possibility of operating a short-term rental because of the numerical limits allowed for short-term rental limits in the ordinance. This 2% of residential units limitation will initially all be given to the law -breakers like Bob. Thus, a majority (many hundreds) of the limited number of short-term rentals allowed by this ordinance will immediately be given to the law -breakers. The remaining allotment may be insufficient for all law- abiding citizens like Amy who might want to convert to short-term rentals to even apply. When the total number of allowed short-term rentals in residential areas has been reached, some citizens like Amy who waited for short-term rentals to be legal will not be allowed to even apply. In fact, the ordinance guarantees that the vast majority of citizens who will be allowed to operate the Type-2 short-term rentals will be those citizens like Bob who have 3 broken our law. Citizens who have obeyed our law like Amy are forced to the back of the line. Does this satisfy the "pledge of the protection of equal laws?" Does this "not grant to any ...class of citizens, privileges or immunities which, upon the same terms shall not be equally belong to all citizens?" Arkansas Constitution, Article 2 § 18 Privileges and Immunities - Equality. Although neighbors of the houses of Amy, Bob, and Connie never got the chance to speak to the Planning Commission about Bob's illegal short-term rental, they certainly can complain to the Planning Commission when Amy seeks her Conditional Use Permit. These neighbors could reasonably claim that a second short-term rental on this street is way too much because of parking, noise, or other issues. Thus, Amy might not receive her Conditional Use Permit because she followed the law while Bob broke the law. OCCUPANCY LIMITS PRESENT MORE EQUAL PROTECTION ISSUES Another separate Equal Protection of the Laws issue arises when the ordinance grants significantly greater occupational density for a short-term rental than an ordinary rental. Bob would be allowed to house eight unrelated persons in his short-term rental while Connie who wants to continue renting in the normal month or longer term remains limited to three unrelated persons. This three unrelated person limitation was enacted by the City Council about twenty years ago to resolve almost constant neighborhood complaints of over -crowding, over -parking and neighborhood disturbances especially near the University. Multifamily districts allow up to four unrelated persons per unit. This proposed ordinance almost triples the number of unrelated persons that can occupy a single family home in a residential neighborhood. Connie might like to house at least six persons in her three bedroom house which could substantially increase the rent she could charge. Unfairly, this proposed ordinance says that eight transient renters in a three bedroom house is allowed, but even half that amount, four monthly renters, is illegal. So, the City Council would be telling the Judge and Jury in an Equal Protection trial that it is rational and reasonable that four monthly renters would cause such neighborhood problems that they should be prohibited while twice as many transient, short-term renters would be no problem and should be allowed. Is that really a rational distinction to justify such drastic increase in house occupancy limits? Or is it just caving in to the pressure of the currently illegal short-term rental operators, so they can make even more money at the expense of our residential neighborhoods? The City Council would be favoring the interests of non-resident, transient, short- term renters over Fayetteville citizens wanting to rent a house in a quiet residential neighborhood or nice apartment to actually live, work and vote here. It would be those Fayetteville residents who are often also our citizens who would be discriminated against in favor of the transient, short-term renters. It would be our residents who would have to live next to short-term renters clogging up street parking spaces because of their double or triple occupancy. Are there careful provisions in the proposed ordinance to require 4 off-street parking for these large groups of visiting transient renters with no knowledge or commitment to our pleasant residential neighborhoods? Not for law -breaking landlords like Bob who would receive his Conditional Use Permit from the City Council automatically by the enactment of this ordinance and thereby avoid any Planning Commission Hearing where additional conditions could be imposed. Amy and her law- abiding fellow landlords could be forced to accept additional conditions like off-street parking, fencing or vegetation buffers required by the Planning Commission to protect neighbors. Does this meet the Arkansas Constitution's requirement of "The equality of all persons before the law... T' THE BOTTOM LINE The proposed ordinance creates the need for way more conditional use permits than should be required. Then staff uses the hard work and effort it would require of the Planning Staff and Planning Commission to individually consider each of these newly required Conditional Use Permits to justify giving them automatically to all current long- time law -breakers like Bob. So the City Council would be telling the Judge and Jury that our discrimination against our law-abiding landlords like Amy by pushing them to the back of the approval line and forcing them to apply and pay for a Conditional Use Permit is justified because we do not want to make the effort to have the law- breakers like Bob have to apply to the Planning Commission for Conditional Uses. The City Council would also be telling the Judge and Jury that eight transient renters would cause fewer neighborhood issues and should therefore be allowed in a single family house in a residential neighborhood while four long-term Fayetteville residents would be so disruptive that they should not be allowed to rent an identical single-family house. If the City Council enacts this proposed ordinance, I believe it will be only a matter of time before the established residential occupation limits for a family or three unrelated individuals will probably have to be abandoned because of litigation alleging a violation of the Equal Protection of the Lazvs clause. Then all residential rentals will have to be allowed to have two tenants per bedroom, plus two more persons (for a living room couch?). Thus, most three bedroom houses would have to be allowed at least eight unrelated tenants. There is a far simpler and fairer way to regulate most short-term rentals which would not violate our constitutions, nor favor law -breakers over law abiding citizens. It is up to the City Council Members and the Mayor to chart the course they want Fayetteville to travel. 5 III OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Mary McGetrick, Long Range Planner Jonathan Curth, Development Manager FROM: Kit Williams, City Attorney DATE: April 6, 2021 RE: Rational basis test for Equal Protection of a Law cases City ordinances like State statutes are normally presumed to be constitutional and the burden to prove a violation of Due Process or Unequal Protection of the Lazv clauses is upon the person challenging the ordinance. No matter what regulatory ordinance the City Council may enact for Short-term rentals or any other subject, I will strongly argue that the ordinance "is rationally related to achieving a legitimate governmental objective." Streight v. Ragland, 280 Ark. 206,655 S.W. 2d 459,463 (1983). "(T)he legislation in question must bear a reasonable relation to the achievement of the public objective. This requirement means that the law must accomplish the declared public end and not impose a burden upon someone not reasonably connected with the cause of the evil." Ragland v. Forsythe, 282 Ark. 43, 666 S.W. 2d 680, 681(1984) (citation omitted). I think the currently proposed ordinance clearly meets the first requirement of a "reasonable relation to the achievement of the public objective" of regulating Short-term rentals. The second requirement to "not impose a burden upon someone not reasonably connected with the cause of the evil" is more problematic. The burden and cost of obtaining a conditional use permit is not imposed upon the landlords who have been breaking the law, but upon those who have not violated our law. It is hard to argue that landlords obeying the Fayetteville Code are "connected with the cause evil" that needs to be prevented by this ordinance. The Arkansas Supreme Court invalidated a Springdale bee keeping ordinance on State Constitutional grounds because the ordinance required "two or more neighbors (to) have filed a written protest." City of Springdale v. Chandler, 257 S.W. 2d 934, 935 (1953). "Hence the ordinance is in conflict with Art. 2, §18 of the Constitution which provides: 'The General Assembly shall not grant to any citizen or class of citizens privileges or immunities which upon the same terms shall not equally belong to all citizens.' A city ordinance which allows an arbitrary discrimination is unconstitutional and void." Id. Because the proposed ordinance grants free, automatic conditional use permits only to the class of citizens who have long violated Fayetteville law while denying that same privilege on the same terms to law-abiding citizens, the Privileges and Immunities - Equality provision in the Arkansas Constitution's Declaration of Rights Chapter also endangers the validity of the proposed ordinance. "The Equal Protection Clause of the Fourteenth Amendment protects an individual from state action which selects him out for discriminatory treatment by subjecting him to taxes not imposed on others of the same class." Southern Bell v. Arkansas Public Service, 73 Ark. App. 222, 40 S.W. 3d 838, 843 (2001). The proposed ordinance requires $100.00 fees to be paid by law-abiding landlords to apply for the necessary conditional use permits while exempting law -breaking landlords from having to pay these government required fees. The Court might find that assessing required fees rather than taxes is a distinction without a difference for Equal Protection analysis. Although there is a strong presumption that an ordinance challenged on Equal Protection of Lazv grounds has a rational basis that the challenger must disprove, the proposed ordinance remains vulnerable both for its classification favoring law -breakers over law -abiders and for its double to triple occupancy allowance for short-term rentals in residential zones over traditional rentals. In order to protect the City Council's power to amend this regulatory in the future and regardless if we all eventually agree that we have come up with a "perfect" ordinance, I agree with the Ordinance Review Committee's decision that a Sunset Clause should be included in the enacting ordinance. Attached is the currently proposed enacting ordinance with a new Section 2 Sunset Clause so that 14 months after the 6 month initial preparation phase, the City Council can review the workings of the regulations to determine if any changes need to be made. No matter what else is done regarding the proposed Short-term Rental regulations, the enacting ordinance should be amended to the ordinance attached to this memo. PA 191 OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Mary McGetrick, Long Range Planner Jonathan Curth, Development Manager FROM: Kit Williams, City Attorney' _ DATE: April 6, 2021 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Two Options for Safer Constitutional Regulation of Short-term Rentals HISTORY Since the City Council clearly expressed its desire to authorize and regulate short- term rentals, I do not want to point out constitutional problems in the current proposal without at least providing constitutionally safer alternative regulations. I did provide one such potential regulation to the Ordinance Review Committee prior to its last meeting, but like this presentation to the whole City Council despite my best efforts it comes too late for more than a cursory review during the April 6th meeting. My experience with neighborhood issues for residential rentals reveals the major complaints the City had received were usually linked to crowding or over -occupancy problems and overflowing tenant cars in the front yard or taking up most of the on -street public parking. These problems most often involved University students in houses within a mile of campus. The City Council in the past addressed these neighborhood concerns by defining a family as either a related family group or not more than three unrelated persons in a single-family zoned district or four in a multi -family district. The problems which confronted the early 2000's City Councils are probably not on your radar now because the previous City Council's laws on occupancy in the definition of "Family" and for excessive parking have been very successful. However, these neighborhood problems would likely resurface if the solutions enacted by your predecessors are repealed or ignored. OPTION ONE: Provide legislatively issued Conditional Use Permits for all One option that has been suggested would solve half of the Equal Protection of the Lazv problem. It would be to legislatively grant free conditional use permits not only to landlords who have been illegally operating short-term rentals, but to all landlords who may wish to operate a high density short-term rental in residential neighborhoods. This, unfortunately would not solve the Equal Protection of the Lazv issue of allowing short-term rentals to house double or triple the number of tenants as opposed to monthly rentals, but at least the regulation would not favor law -breakers over landlords who have obeyed the law as in the currently proposed ordinance. My concern is that this would permit any high density short-term rental (which I refer to as a Micro -Hotel) to operate in all single-family and multi -family zoned neighborhoods throughout Fayetteville without allowing any input from the neighbors. This foreclosure of any neighbor input whether or not to allow a Micro -Hotel in a single family or multi -family zoned neighborhood would expand from the currently proposed ordinance's illegally operating short-term rentals to any house or structure where 'a landlord or owner might want to take advantage of the doubling, tripling or even higher number of tenants allowed in the high density short-term rental (Micro -Hotel). Allowing a residential short-term rental which is held to the same occupancy and other standards as our monthly or yearly rentals without requiring a public hearing may be okay. But allowing a business to lodge eight to twenty or more transient tenants in a three-story structure in a residential neighborhood could cause significant neighborhood problems. If the City Council authorizes this type of project and denies any neighborhood comment about granting approval for such project, I am afraid there could be a lot of unhappy neighbors. OPTION TWO: Regulate Only Micro -Hotels (Type #2) I have been guided by this history of neighborhoods adversely affected by over- crowded houses to try to make short-term rentals functionable, but not disruptive, in residential neighborhoods. My proposal would require many fewer conditional use permits which would be required only if a landlord wanted the rental to act like a business with many tenants rather than merely a residential short-term rental under all the same rules as every other residential rental except for the length of the tenants' stay. To make this easier to understand, I would avoid the #1 and #2 jargon. I would concentrate almost all regulation on what I would refer to as a Micro -Hotel (although any other easy to understand term would be acceptable.) A key to protecting the very successful definition of "Family" (that has been so successful that recent prosecutions for violating occupancy have been very rare) is to acknowledge that a Micro -Hotel with 8 or more transient, short-term tenants in a standard three bedroom single family house is not a residential rental, but a business. 2 Micro -Hotels should be allowed to operate just like any other business wanting to locate in a purely residential zoning district. The district would need to be approved for Use Unit 12a Limited Business. That would mean we can skip amending those 14 or so residential zoning districts currently proposed for amendments by making a single amendment to add Micro -Hotel to Use Unit 12a, Limited Business. Short-term residential rentals should be treated just like normal over thirty day residential rentals The vast majority of single family houses that the owners would like to operate as Short-term rentals should be treated exactly like all the regular over 30 day rentals except their owners would need to obtain the HMR tax forms from the City's Accounting Division just like every other entity that is subject to our HMR tax collecting requirements. I see little reason to treat residential rentals for over and under 30 days differently except for the collection of HMR taxes pursuant to state law. Owners operating more than three residential rentals would still need a business license regardless of the length of the rental period. The same rules should apply for the Landlord Representative Registry. I believe that the City needs no new regulations for short-term residential rentals. They would simply be required to obey all regulation for all residential rentals including density limitations. Higher Density Commercially Operating Short-term rentals For an owner who wants hirer density for their commercially operated rental, their Micro -Hotel could operate wherever Limited Business or General Business is authorized: which is in virtually every residential district (all those denser than RSF-2) with a conditional use. No conditional use permit at all would be required for a Micro - Hotel to operate in: Neighborhood Services -Limited; Neighborhood Services - General; Residential- Office; Neighborhood Commercial; Community Services; Thoroughfare Commercial; Urban Thoroughfare; Central Commercial; Downtown Core; Main Street/ Center; Downtown General; "Micro -Hotels" would need conditional use permits only in purely residential districts just like every other limited or general business owner that wants to operate commercially in those residential districts. I do not recommend rewarding those 3 property owners who have disobeyed our law by legislatively granting them any privileges such as conditional use permits while our law-abiding citizens would be treated as second class citizens. The City Council could enact this ordinance, but delay penalty enforcement for several months to allow our law-abiding citizens to take advantage of this new opportunity and to allow those who ignored our law to get into compliance through a conditional use or rezoning. Occupancy Limits for the Commercial Micro -Hotels and Residential Short-term rentals In order to better protect our long-established and effective occupancy limit for single family zoned districts, residential short-term rentals would have to follow all existing regulations for normal residential rentals. On the other hand, a Micro -Hotel, as an acknowledged and permitted limited or general business use, would not be a residential dwelling unit at all, but a commercial enterprise subject to commercial standards rather than residential standards. I agree with Planning's suggested commercial occupancy limit. Indeed, most of Planning's proposed requirements for this commercial enterprise should be adopted for Micro -Hotels. All residentially zoned districts from RSF-4 to RMF-40 allow Limited Business (not to exceed 3,000 square feet) as a Conditional Use. I suggest an amendment to the Limited Business Use Unit to include a Micro -Hotel as one of the Limited Businesses which can be allowed in these residentially zoned districts with a conditional use. Both Neighborhood Services Limited and Residential Office permit Limited Business as of right. These districts would then be allowed a limited size Micro -Hotel as of right. All more intense commercial districts from NS-G to Urban Thoroughfare and Downtown General would permit Micro -Hotels as large as 8,000 square feet as of right with simple amendments to Limited Business, General Business, Neighborhood Shopping Goods and Hotel, Motel, and Amusement Facilities to add Micro -Hotel. Practical Effects of this Second Option Zoning districts or land devoted to RSF-4, Residential Single Family, Four Units per acre and all denser residential units could be used for Micro -Hotels with an approved conditional use to allow Limited Business. The current 3,000 square feet limitation required by Limited Business helps ensure that the included commercial activities (now to include Micro -Hotel) will be more compatible with a surrounding residential neighborhood. Every owner of a residentially zoned lot could install a normal, noncommercial short-term rental as of right. 4 Every property owner in a commercial or mixed -use zoning district from Neighborhood Services General and Community Services to Urban Thoroughfare and Downtown General could as of right construct or remodel a Micro -Hotel up to the 8,000 square feet limit. Conditional Uses would be required only where they are most needed: in the primarily residential districts for owners seeking a Micro -Hotel rather than a residential Short-term rental. All residential short-term rentals (but not Micro -Hotels) would remain subject to the current residency limits in the code. If an owner wanted to take advantage of the commercial occupancy limits allowed for Micro -Hotels, that owner would need to obtain a conditional use permit for Limited Business or rezone to one of the eleven mixed - use zoning district that allows General Business, Neighborhood Shopping Goods, or Hotels and thus, Micro -Hotels as of right. BENEFITS OF THIS OPTION (1) Short-term residential rentals would not need a conditional use permit or rezoning, but would operate under the same rules as normal rentals. (2) The long-standing definition of "Family" protecting our neighborhoods would remain valid for all residential rentals. (3) Micro -Hotels would be authorized by right in eleven current zoning districts with no conditional use required. (4) Micro -Hotels could be authorized by conditional use permit in almost all residential zoned districts or rezoned to a mixed -use district to allow a use by right. (5) Neighbors could comment on any necessary conditional use or rezoning. POTENTIAL DOWNSIDES (1) Residential short-term rentals would be allowed in all residential districts with a greater density than RSF-2 without neighborhood approval or comment. (2) No limits on number of short-term rentals that could be operated in Fayetteville. (Affordable housing concern.) (3) No liability insurance requirement for residential short-term rentals (just like monthly rentals) (Still required for Micro -Hotels). (4) No special health/ safety inspection for residential short-term rentals. (Still required for Micro -Hotels.) (5) No 3-hour response requirement for landlord of residential short-term rental. (Still required for Micro -Hotel.) Any of these potential problems could be remedied as part of a Sunset review or extension. 5 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0216 Agenda Date: 4/20/2021 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.2 RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 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 changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 41812021 City of Fayetteville Staff Review Form 2021-0216 Legistar File ID 4/6/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 3/19/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000033: Rezone (797 S. CHERRY LN./A&B ENTERPRISES, INC., 565): Submitted by MICHAEL ANDREWS for property located at 797 W. CHERRY LN.. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.02 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 6, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: March 19, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000033: Rezone (797 S. CHERRY LN./A&B ENTERPRISES, INC., 565): Submitted by MICHAEL ANDREWS for property located at 797 W. CHERRY LN.. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.02 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and 'B'. BACKGROUND: The subject property, addressed at 797 S. Cherry Lane, is in South Fayetteville, just north of E. Huntsville Road, and consists of two parcels, 765-15206-000 and 765-15209-000. Containing 1.02 acres and one single-family dwelling, which county records indicate was built in 1936, the property is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban. No development plans have been submitted by the applicant. Public Comment: Staff has received public comment on the item in support of the request, with concerns regarding the quality of S. Cherry Lane and any associated street improvements. Staff also received comment in opposition to the rezoning, both during the Planning Commission meeting and following the meeting. Land Use Compatibility. The surrounding property is characterized by single-family residential, though a mix of zoning districts currently govern the surrounding area, including RMF-24, Residential Multi -Family, 24 Units per Acre, and RI-12, Residential Intermediate, 12 Units per Acre. Staff finds that the current street infrastructure along S. Cherry Lane is narrow and lacks sidewalks, but required street improvements would be assessed at the time of a specific development proposal. A request to rezone the property to RI-U, Residential Intermediate — Urban, allows for an increase in density for additional housing on the site that would be classified as "missing middle." This would include duplexes and 3-4 family dwellings which would be compatible with single-family dwellings. The requested zoning designation would not permit Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 apartment buildings with 5 units or more that may be out of scale given the property's location away from Cherry Lane's intersection with E. Huntsville Road. Staff finds that the RI-U zoning district and the minimum lot width of 18 feet would allow for infill development at this site, and would help maximize the use of the land since there is greater land area behind the street's frontage. Given the mix of zoning districts in the area, staff finds that RI-U would also work as a transition for S. Cherry Lane from the RMF-24 zoning that is directly to the west of the property, should that land ever redevelop. Staff also finds that the site is within walking distance to available services at Huntsville and Crossover, and within walking distance to transit lines. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property has a moderate infill score of 6, which indicates that the area can likely support additional housing, but a rezoning to a multi -family district may be too much too soon for the area. The request also meets goals 1 and 6 of City Plan 2040, by providing infill development, as well as by providing a potential for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site, with a weighted score of 7. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 3, 1050 S. Happy Hollow Road) • Near Sewer Main (S. Cherry Lane) • Near Water Main (S. Cherry Lane) • Near Public School (Happy Hollow Elementary School) • Near City Park (Mt. Sequoyah Woods) • Near ORT Bus Stop (Route 20) DISCUSSION: At the March 8, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the request to the City Council with a recommendation of approval. Commissioner Canada made the motion and Commissioner Brown seconded. Commissioners agreed that the uses permitted in RI-U allowed for a moderate increase in density that was compatible for the surrounding neighborhood, given its location between a Tier 2 center and a Tier 3 center. A member of the public spoke in opposition to the request citing concerns about the rear of her property being developed, and concerns about the streets and lack of sidewalks in the neighborhood. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B 0 Planning Commission Staff Report RZN-2021-000033 A&B Enterprises Close Up View RMF-24 i i i i i i i i RSF-8 RSF-4 i i Proposed RI-U W Q a � RI-12 Proposed RI-U z NS-L J } w Subject Property z NS-G V _.I QO R-O W M V - - - - - _ HUNTSVILLE RD - ---------------- - -- -------- - - - - -- w Q � w I - Regional Link - High Activity - - - Trail (Proposed) , - - - -, Fayetteville City Limits Planning Area LEE ST Feet 0 75 150 300 450 1 inch = 200 feet :11 _ INORTHI Zoning Acres RMF-18 1.0 Total 1.0 EXHIBIT V RZN-2021-000033 Parcel: 765-15206-000 - 0.33 Acres A part of the NE % of the NW % of Section 23, in Township 16 North, of Range 30 West, Washington County, Arkansas, described as follows: Beginning at a point which is 150 feet South of the NE corner of said forty -acre tract, and running, thence West 120 feet; thence South 120 feet; thence East 120 feet; thence North 120 feet to the point of beginning. Parcel: 765-15209-000 - 0.69 Acres Part of the NE X of the NW X of section 23, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the NE corner of said NE of the NW %; thence West 120.00 feet to the point of the beginning; thence South 270.00 feet; thence East 120.00 feet; thence South 10.00 feet; thence West 223.00 feet; thence North 280.00 feet; thence East 103.00 feet to the point of beginning, containing 0.69 acres, more or less. Subject to easements and rights - of -way of record, if any. 1p".- - TO: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE Fayetteville Planning Commission Jessie Masters, Development Review Manager March 8, 2021 Updated with PC hearing results from 3/8/2021 SUBJECT: RZN 2021-000033: Rezone (797 S. CHERRY LN./A&B ENTERPRISES, 565): Submitted by MICHAEL ANDREWS for property located at 797 S. CHERRY LN. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.02 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2021-000033 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000033 to City Council with a recommendation of approval." BACKGROUND: The subject property, addressed at 797 S. Cherry Lane, is in South Fayetteville, just north of E. Huntsville Road, and consists of two parcels, 765-15206-000 and 765-15209-000. Containing 1.02 acres and one single-family dwelling, which county records indicate was built in 1936, the property is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. Surrounding land uses and zoning is 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 Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre East Mixed -Density Residential RI-12, Residential Intermediate, 12 Units per Acre West Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban. No development plans have been submitted by the applicant. Public Comment: Staff has received public comment on the item in support of the request, with concerns regarding the quality of S. Cherry Lane and any associated street improvements. INFRASTRUCTURE: Streets: The subject area has frontage along S. Cherry Lane. S. Cherry Lane is a minimally improved Residential Link Street with asphalt paving and open ditches. Any street Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 1 of 15 improvements required in these areas would be determined at the time of development proposal as well as any additional improvements or requirements for drainage. Water: Public water is available to the subject area. An existing 6-inch water main is present on the west side of S. Cherry Lane. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the east side of S. Cherry Lane. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District, and no hydric soils appear to be present on the property. The property does not lie within a FEMA floodplain, nor is there a protected stream in the area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is located approximately .4 miles from the fire station with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site, with a weighted score of 7. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 3, 1050 S. Happy Hollow Road) • Near Sewer Main (S. Cherry Lane) • Near Water Main (S. Cherry Lane) • Near Public School (Happy Hollow Elementary School) • Near City Park (Mt. Sequoyah Woods) • Near ORT Bus Stop (Route 20) Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 2 of 15 FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The surrounding property is characterized by single-family residential, though a mix of zoning districts currently govern the surrounding area, including RMF-24, Residential Multi -Family, 24 Units per Acre, and RI-12, Residential Intermediate, 12 Units per Acre. Staff finds that the current street infrastructure along S. Cherry Lane is underdeveloped, but required street improvements would be assessed at the time of a specific development proposal. A request to rezone the property to RI-U, Residential Intermediate — Urban, allows for an increase in density that would allow for additional housing on the site that would be classified as "missing middle," including duplexes, and 3-4 family dwellings which would be compatible with single-family dwellings, but would not permit larger apartment buildings with 5 units or more that may be out of scale given the property's location away from Cherry Lane's intersection with E. Huntsville Road. Staff finds that the RI-U zoning district and the minimum lot width of 18 feet would allow for infill development at this site, and would help maximize the use of the land since there is greater land area behind the street's frontage. Given the mix of zoning districts in the area, staff finds that RI-U would also work as a transition for S. Cherry Lane from the RMF-24 zoning that is directly to the west of the property, should that land ever redevelop. Staff also finds that the site is within walking distance to available services at Huntsville and Crossover, and within walking distance to transit lines. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, or goals of City Plan 2040. The property has a moderate infill score of 6, which indicates that the area can likely support additional housing, but a rezoning to a multi- family district may be too much too soon for the area. The request also meets goals 1 and 6 of City Plan 2040, by providing infill development, as well as by providing a potential for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone to a higher density than RSF-4 is justified at this area, given the proximity to available amenities and alignment with the City's goals for the area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RI-U at this site would increase traffic to the site, and given the minimally improved quality of S. Cherry Lane, staff finds that street improvements would very likely be required by the developer with any Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 3 of 15 associated development. Staff does find that the site is within 1300 feet of the intersection with N. Crossover and E. Huntsville Roads, and that the site is also close to available transit, so availability for alternative transportation at the site somewhat alleviates these concerns. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to RI-U would certainly have the potential to increase population density in this area. That said, staff finds that this incremental increase in zoning, with the available water and sewer to the site and proximity to a school leads staff to find that the area can support the increase. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000033 to City Council with a recommendation of approval. (PLANNING COMMISSION ACTION: Required YES Date: March 8, 2021 O Tabled Motion: Canada Second: Brown Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: Z) Forwarded O Denied with a recommendation of approval Unified Development Code: • §161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre §161.12 - District RI-U, Residential Intermediate — Urban Applicant Request Letter Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 4 of 15 • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 5 of 15 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Cluster Housing Development Unit 44 (C) Density. Units per acre Single-family dwellings Two (2) family dwellings 4 or less 7 or less (D) Bulk and Area Regulations. Lot minimum width Lot area minimum Land area per dwelling unit PHllside Overlay strict Lot inimum width Hillside Overlay District Lot area minimum Land area per dwelling unit Single-family dwellings 70 feet 8,000 square feet Two (2) family dwellings 80 feet 12,000 square feet 8,000 square feet 6,000 square feet 60 feet 70 feet 8,000 square feet 12,000 square feet 8,000 square feet 6,000 square feet Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 6 of 15 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 7 of 15 161.12 - District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (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 41 Accessory dwellings Cluster housing development Unit 44 (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Unit 24 Limited business Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum I None (E) Setback Requirements. Side Side Single Front Other & Two (2) Uses Family A build -to zone that is located between the front property, line and None 5 feet a line 25 feet from the front property line. Rear Rear, from Other centerline of an Uses alley 5 feet 112 feet Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 8 of 15 (F) Building Height Regulations. Building height maximum 12 stories/3 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. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% 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. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 9 of 15 A & B Enterprises, LLC 2914 N College Ave STE 1 & 2 • Fayetteville, AR 72703 • 479.530.3606 Michael Andrews, President Russell Brockman, Managing Member January 29, 2021 RE: 797 S Cherry Lane Rezoning Request Dear Fayetteville Planning and Development Service Divisions, We have purchased two parcels located at 797 S Cherry Lane with at total acreage 1.02 acres. We are simultaneously applying for a Lot Line Adjustment to combine these two parcels into one. This property faces east fronting on the west side of Cherry Lane. We are proposing the subject property be considered for rezoning RSF-4 to RI-U. We believe this would be the highest and best use of this property, while taking into consideration that there are three RMF-24 properties contiguous to the subject property, one RMF-24 parcel less that 50 feet to the Southeast across Cherry street from subject property, and less than 325 feet to the Northwest on the same boundary line that the rear of our property touches a 1.4 acre RMF-24 parcel containing six duplexes. There are also five RI-12 parcels due East, directly across the street from the subject property. Since we have adjoining parcels and properties in very close proximity, it does not appear that it would cause any adverse conditions to any neighbors. We believe that Cherry Lane easily support the increased vehicle traffic that an RI-U density would bring. New development on this property would obviously require LSD or PZD approval, which would give adjoining property owners ample opportunity for input on how the property is ultimately developed. Sincerely, Michael Andrews Russell Brockman Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 10 of 15 Masters, Jessica From: Jenny Harenza <jennyharenza@gmail.com> Sent: Friday, February 12, 2021 9:04 AM To: Masters, Jessica Subject: RZN-2021-000033 Follow Up Flag: Follow up Flag Status: Flagged 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. Hello Jessie, My name is Jenny Harenza and I live at 691 S. Cherry Lane. We moved here recently from the rural outskirts of Washington County and are so excited to actually live in the city now, after commuting to spend so much of our time here the last four years. I noticed the rezoning proposal for 797 S. Cherry Ln. (RZN-2021-000033) and we believe this can be an improvement to our street. I believe in increasing density and up zoning where appropriate so more people like me can afford to live in Fayetteville. However, I was very surprised to read that Mr. Andrews felt that "Cherry Lane can easily support the increased vehicle traffic.." I have serious concerns about the increased traffic this would bring. At any point in the road, if there are two vehicles, one must pull off. Residents often use the parking lot or grass of 810 Cherry Lane to pull off and make room. Additionally, there are young children living all down this street, I see them running back and forth a lot and the road is so narrow that the lack of visibility is concerning. Lastly, If you look on the map, we are at the end of Cherry lane and we daily deal with drivers pulling into our private yard (not even using the gravel road) to turn around, killing our grass and unaware that our three year old is running around. It's not that we even blame the drivers as much because the road really is just too narrow to turn around. Although, we did have somebody drive around our entire house, no more than 6 feet from the house itself over Christmas (we blame him). Someone broke into our house last spring and we've had multiple things stolen from our garage, and while not directly related, the fact that an increased number of people are forced to trespass on our property due to the poor road just decreases our sense of security. I want to end with reiterating my support for an appropriately scaled up -zoning of 797 S. Cherry Ln., simply contingent on the very overdue task of widening Cherry Ln. first. Thank you so much for your time and for reading, and please share any thoughts you have on this. Have a great weekend, Jenny Harenza 817-307-2032 Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 11 of 15 RZN-2021-000033 All Enterprises One Mile View JE HUNT 16 - - J 0 0.125 0.25 0.5 Miles R-O RSF-8 0 Of U I � P-1 C0 I � I ' I _ I I �I I \ i I � I Subject Property ' 1 1 I 1 1 1 1 1 1 'EN Neighborhood Link Regional Link - High Activity ■ Planned Neighborhood Link<im ❑- - - Trail (Proposed) Fayetteville City LimitsPlaPlanning Area Fay R-A NORTH wof zw 00 I— `� m Zoning 42 General In,ateal RESIDENTIAL SINGLE-FAMILY EXTRACTION ■ RI-U COMMERCIAL � RI-12 Reaieaneal-Ofice NSL L C-, Raamanual-Agewlturel c-2 RSF-.5 � C-3 R. FORM BASED DISTRICTS RSF-2 Downtown Care RSF-4 UNen TM1omugMare R. Main — Center RSF-fi Downtown Gener9 RSF-,fi Community S—,— RESIDENTIALMULTI-FAMILY Neighbomooe services RMF-fi NeighboMooe conservation RMF-,2 PLANNED ZONING DISTRICTS RMF-1fi CammaraaL Ind—.1, Reaieential W124 INSTITUTIONAL RM14g INDUSTRIAL Planning Corlm 41 HearyCammerdal — Light Ind..- 8. ssion 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 12 of 15 RZN-2021-000033 A&B Enterprises Close Up View C-1 I-2 I RMF-24 f I I I I I I 9 I I RSF-8 I RI-U Proposed RI-U RSF-4 1. Z I NS-L "j } w Subject Property z -NS-G O I R-O - 0 � W 2 V _ HUNTSVILLE RD W Q � � W LEE ST NORTH Zoning Acres RMF-18 1.0 - Regional Link - High Activity - - - Trail (Proposed) , - - - -, Fayetteville City Limits Planning Area Feet 0 75 150 300 450 1 inch = 200 feet :11 Total 1.0 Planning Co m 8. ssion 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 13 of 15 RZN-2021-000033 A&B Enterprises A& Current Land Use NORTH 7T 77 -1` y - Single -Family Residential �•• ?. :; IN Single -Family kr,. Residential Aj a. Subject Property w Mixed -Density Z Residential � J -- W Y _ U Lf�i — — I J l 1• � .. j . l� ` rr Single -Family Residential I Re _ i � I J - k .. 1 Y "" i • V 11P7 i p I I I 0 Ki all FEMA Flood Hazard Data 100-Year Floodplain Regional Link - High Activity Feet Floodway - - - -Trail (Proposed) 0 35 70 140 210 280 ' Fayetteville City Limits `' Planning1 inch = 100 feet ' Area Planning ic'm 8. ssion 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 14 of 15 RZN-2021-000033 Future Land Use 5TH ST I 0 t INN:, W a :- Civic Institutional Neighborhood Link Regional Link - High Activity - - - Trail (Proposed) - -, Fayetteville City Limits Planning Area A&B Enterprises NORTH I a� W Y U O Q I I Re idential ; City Nei hborhood Neighborhood I I Proposed RI-U Proposed RI-U I z .:J Subject Property U .D • ••-�c1Y J 1 Feet 0 112.5 225 450 675 1 inch = 300 feet Natural lllll� City Neighborhood lllll� Civic Institutional lllll� Civic and Private Open Space Industrial lllll� Natural Non -Municipal Government 900 Residential Neighborhood 111 Rural Residential = Urban Center ssion 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 15 of 15 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0214 Agenda Date: 4/20/2021 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.3 VAC-2021-015 (215 S. VALE AVE./ROCK CREEK HOLDINGS): AN ORDINANCE TO APPROVE VAC 21-015 FOR PROPERTY LOCATED AT 2015 SOUTH VALE AVENUE TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY BETWEEN SOUTH RAZORBACK ROAD AND SOUTH VALE AVENUE, AS WELL AS A PORTION OF A 10-FOOT WIDE ALLEY RIGHT-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of public right-of-way is not required for corporate purposes. 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 vacates the portions of street and alley right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage to or relocation of existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 20-foot wide public right-of-way shall be dedicated along the south border of the property connecting South Razorback Road and South Vale Avenue for use as a multi -use trail. 3. Any buildings constructed along the new 20-foot public right of way on the south border of the property shall comply with relevant design standards for buildings with street frontage. City of Fayetteville, Arkansas Page 1 Printed on 41812021 City of Fayetteville Staff Review Form 2021-0214 Legistar File ID 4/6/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 3/19/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2021-000015: Vacation (215 S. VALE AVE./ROCK CREEK HOLDINGS, 599): Submitted by ESI ENGINEERS, INC. for right-of-way within property located at 215 S. VALE AVE. The R-O-W contains approximately 0.49 acres. The request is to vacate a portion of the right-of-way associated with Hendon St. between Razorback Rd. & Vale Ave. as well as a portion of a 10-foot-wide alley right of way. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 6, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: March 19, 2021 CITY COUNCIL MEMO SUBJECT: VAC-2021-000015: Vacation (215 S. VALE AVEJROCK CREEK HOLDINGS, 599): Submitted by ESI ENGINEERS, INC. for right-of-way within property located at 215 S. VALE AVE. The R-O-W contains approximately 0.49 acres. The request is to vacate a portion of the right-of-way associated with Hendon St. between Razorback Rd. & Vale Ave. as well as a portion of a 10-foot-wide alley right of way. RECOMMENDATION: Staff recommends denial of VAC-2021-000015. Planning Commission recommends approval of VAC-2021-000015 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense, or at the expense of the property owner or developer. 2. 20-foot wide dedication of public right-of-way connecting S. Razorback Road and S. Vale Avenue as a multi -use trail along the south border of the property. 3. Any constructed buildings must comply with dedicated public right-of-way for any relevant design standards, in such that the right-of-way is treated as frontage. BACKGROUND: The subject property includes 0.49 acres of unbuilt right-of-way north of W. Cato Springs Road, and connecting S. Razorback Road to S. Vale Avenue. There is also a second offshoot of right- of-way extending to the north of the property that is included with this request. Washington County records suggest the right-of-way was platted in 1924 with the Meadow Vale Subdivision as Hendon Street. There is no indication that it was ever improved or utilized by the public. The property surrounding the existing right-of-way is undeveloped to the north, and to the south there is one single-family dwelling that is addressed off S. Vale Avenue. Request: The applicant proposes to vacate approximately 480 linear feet of public right-of-way, totaling 0.49 acres and as indicated in the attached exhibit and maps. Staff Findings: Staff does not support the vacation request as indicated. Staff finds that that the request would negate the established lot and block pattern in the neighborhood with the historic platting of the Meadow Vale Subdivision. The request would also be in conflict with the stated Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 goals of City Plan 2040. Firstly, goal #3 outlines an intent to maintain complete, compact and connected developments. Vacating the right-of-way would block future connection from S. Vale Street to S. Razorback Road for future pedestrian and vehicular access. Secondly, goal #4 outlines an intent to create a livable transportation network. Staff finds that eliminating this right- of-way would prevent future connectivity for any future development of the surrounding property. Additionally, the applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses. Adjacent property owner consent is also required for vacation; the right-of-way is surrounded by the applicant making the request. DISCUSSION: At the March 8, 2021 Planning Commission meeting, this item was forwarded to City Council with a vote of 8-0-0, with a recommendation of approval, and the conditions as outlined at the beginning of this report. Commissioners found that the added conditions alleviated concerns about pedestrian connectivity and provided protection for concerns about applicable design standards for buildings that face public versus private streets. Prior to the meeting, a neighbor to the south of the site expressed concerns about development in the area, but did not offer any comments in direct opposition or support of the specific request at hand. No public comment was received at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report VAC-2021-000015 Close Up View RSF-4 ARROWHEAD , 0 I mT O� D C4) i i O i i r — Regional Link — Neighborhood Link — — — Trail (Proposed) Hillside -Hilltop Overlay District — Fayetteville City Limits — ` Planning Area Rock Creek Holdings Subject Property C ri m CATO SPRINGS RD m Feet 0 75 150 300 450 600 1 inch = 200 feet 1-1 M A& NORTH RSF-4 RSF-8 RMF-24 1-1 Heavy Commercial and Light Industrial Community Services Neighborhood Services - Ltd. LEGAL DESCRIPTION — Portion of Allev to be Vacated: A PART OF BLOCK 5 OF MEADOW VALE SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN IN BOOK 5 PAGE 79 IN THE WASHINGTON COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE SOUTHEAST CORNER OF LOT 9 OF SAID MEADOW VALE SUBDIVISION, THENCE NORTH A DISTANCE OF 122.0 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF AN ALLEY, THENCE EAST 10.0 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF AN ALLEY, THENCE ALONG THE EAST RIGHT- OF-WAY LINE OF AN ALLEY SOUTH A DISTANCE OF 122.0 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF HENDON STREET, THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF HENDON STREET WEST A DISTANCE OF 10.0 FEET TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES (1,220 SQ.FT.), MORE OR LESS. LEGAL DESCRIPTION — Portion of Hendon Street to be Vacated: A PART OF BLOCKS FIVE AND SIX OF MEADOW VALE SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN IN BOOK 5 PAGE 79 IN THE WASHINGTON COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF LOT 1, BLOCK 6 OF MEADOW VALE SUBDIVISION, THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF HENDON STREET WEST A DISTANCE OF 510.61 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF RAZORBACK ROAD N25°57'49"E A DISTANCE OF 44.49 FEET TO A POINT ON THE NORTH RIGHT- OF-WAY LINE OF HENDON STREET; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF HENDON STREET EAST A DISTANCE OF 486.13 FEETTO THE SOUTHEAST CORNER OF LOT 3, BLOCK 5 OF MEADOW VALE SUBDIVISION, SAID POINT LYING ON THE WEST RIGHT-OF-WAY LINE OF VALE AVENUE, THENCE ALONG THE WEST RIGHT-OF-WAY OF VALE AVENUE S07°07'30"E A DISTANCE OF 40.31 FEET TO THE POINT OF BEGINNING, CONTAINING 0.46 ACRES (19,912 SQ.FT.), MORE OR LESS. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: FROM: MEETING DATE: Fayetteville Planning Commission Jessie Masters, Development Review Manager March 8, 2021 Updated with PC hearing results from 3/8/2021 SUBJECT: VAC-2021-000015: Vacation (215 S. VALE AVE./ROCK CREEK HOLDINGS, 599): Submitted by ESI ENGINEERS, INC. for right-of-way within property located at 215 S. VALE AVE. The R-O-W contains approximately 0.49 acres. The request is to vacate a portion of the right-of- way associated with Hendon St. between Razorback Rd. & Vale Ave. as well as a portion of a 10-foot-wide alley right of way. RECOMMENDATION: Staff recommends denial of VAC-2021-000015. RECOMMENDED MOTION: "I move to deny VAC-2021-000015." FEBRUARY 22, 2021 PLANNING COMMISSION MEETING: The applicant reauested to table themselves ahead of the February 22. 2021 Plannin Commission meeting. The applicant had further discussions with staff to ask clarifying questions about the site and any proposed future development. No updated plans or information was submitted; staff's recommendation remains the same. BACKGROUND: The subject property includes 0.49 acres of unbuilt right-of-way north of W. Cato Springs Road, and connecting S. Razorback Road to S. Vale Avenue. Washington County records suggest the right-of-way was platted in 1924 with the Meadow Vale Subdivision as Hendon Street. There is no indication that it was ever improved or utilized by the public. The property surrounding the existing right-of-way is undeveloped to the north, and to the south there is one single-family dwelling that is addressed off S. Vale Avenue. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use/Zoning Direction Land Use Zoning North Multi -family Residential RMF-24, Residential Multi -family, 24 Units per Acre South Single-family Residential CS, Community Services East Industrial 1-1, Heavy Commercial and Light Industrial West Multi -family Residential RMF-24, Residential Multi -family, 24 Units per Acre Proposal: The applicant proposes to vacate approximately 480 linear feet of public right-of-way, totaling 0.49 acres and as indicated in the attached exhibit and maps. Planning Commission March 8, 2021 Agenda Item 4 VAC-21-000015 Rock Creek Page 1 of 10 DISCUSSION: Staff does not support the vacation request as indicated. Staff finds that the request would negate the established lot and block pattern in the neighborhood with the historic platting of the Meadow Vale Subdivision. Secondly, staff finds that the request would not agree with the stated goals of City Plan 2040. Firstly, goal #3 outlines an intent to maintain complete, compact and connected developments; this would block future connection from S. Vale Street to S. Razorback Road for future pedestrian and vehicular access. Secondly, goal #4 outlines an intent to create a livable transportation network. Staff finds that eliminating this right-of-way would prevent future connectivity for any future development of the surrounding property. Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses. Adjacent property owner consent is also required for vacation; the right-of-way is surrounded by the applicant making the request. Utility Response Cox Communications No objections, provided that any damage or relocation of existing facilities will be at the applicant's expense. AEP/SWEPCO No objections and no comment. BlackHills Energy AR No objections and no comment. AT&T No objections, provided that if AT&T facilities are required to be relocated due to this vacation, it will be the responsibility of the property owner or developer. Ozarks Electric No objections and no comment. City of Fayetteville Response Water/Sewer No objections and no comment. Solid Waste & Recycling No objections and no comment. Transportation No objections and no comment. Public Comment: Staff has fielded phone call questions about the proposal, but has not received any comment in direct support or opposition to the specific request. RECOMMENDATION: Staff recommends denial of VAC-2021-000015. Should Planning Commission vote to forward to City Council, staff recommends the following conditions; Conditions of Approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense, or at the expense of the property owner or developer. .. . _ r • • r _ • r • u Planning Commission March 8, 2021 Agenda Item 4 VAC-21-000015 Rock Creek Page 2 of 10 PLANNING COMMISSION ACTION: Required Date: March 8, 2021 O Tabled Motion: Winston Second: Belden Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Applicant Request Letter • Exhibit — ROW to be vacated • Exhibit — Surrounding property owners • Historic Meadow Vale Plat • One Mile Map • Close-up Map • Current Land Use Map YES M Forwarded O Denied With conditions: 1) Any damage or relocation of existing facilities will be at the applicant's expense, or at the expense of the property owner or developer. 2) 20-foot wide dedication of public right-of-way connecting S. Razorback Road and S. Vale Avenue as a multi -use trail along the south side of the property. 3) Any constructed buildings must comply with dedicated public right-of-way for any relevant design standards, in such that the right-of-way is treated as frontage. Planning Commission March 8, 2021 Agenda Item 4 VAC-21-000015 Rock Creek Page 3 of 10 ENGINEERING SERVICES INC. 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 0 Fax: 479-751-8746 January 11, 2021 City Council & Planning Commission City of Fayetteville, Arkansas 125 West Mountain Street Fayetteville, AR 72701 RE: ROW Vacation 2015 South Vale Avenue City Council and Planning Commission Members, Submitted Electronically via EnerGov On behalf of the property owners, Rock Creek Holdings, LLC, we hereby request vacation of 0.5 acres of existing street right-of-way at 2015 South Vale Avenue. and is illustrated in the exhibits submitted with this letter. The right-of-way to be abandoned includes a 40' wide right-of-way for Hendon Street crossing the entire property from Razorback Road to South Vale Avenue. There is a curb cut along Razorback Road at the west end of this right-of-way, but there is no street constructed within the right-of-way to be abandoned. There are also no street improvements within the 10' right-of-way for the alley way to be abandoned which runs from Hendon Street to the north property boundary. If an alley were constructed within the existing right-of-way it would terminate at the rear of an apartment building. There is no current public use of the rights -of -way to be abandoned and no such public use has recently, if ever, occurred. The requested vacation will not impact the right-of-way of South Vale Avenue or Razorback Road. The vacation is being requested in preparation for future development of the property by the owner. Thank you for your consideration of this item. Daniel Lazenby Brian J. Moore, P.E. I Tim J. Mays, P.E. I Jason Appel, P.E. I Jerry W. Martin President Vice President Secretary/Treasurer Chairman of the Board Planning Commission Consulting Engineers , ' Surveyors • , _ 8, 2021 ENGINEERING SERVICES INC. Item 4 VAC-21-000015 Rock Creek Page 4 of 10 SvSM"Hv 'AMnOO NOWNISVA ITIIAHLUMA anNaATV ^VIVAf�S 9TTO{Z�f��— XaT*I�T'�},�OT/I�V ,L*�*H{27L�LpS MO(lMaH (I&LVOVA 3H Ol ♦ [H — WlQlM MOLLV31A i0H o rj NOLLdIN]530 3LV0 NOISN37 0 3 L C,� w0 l�l N �Wo A z 0 =m<> J W =0 om 0 T� N o AVENUE [r]V S. VALE LINK RESIDENTIAL Msp ROW 0 45'-52 S. VALE AVENUE NK MSP ROW • 312.00 NORTHERLY R5' —52 45, _52 L- o»b D _ z W ono W W • _� tey :1% •�I .. a O O�� tiii g �Lu ` ♦ p 02 LU W��2 p W ¢¢am WSW W��w U v; wog S F� I 2 WOO W WQmw� 4 F , S'L ,L'C O� Lu Lu O V=L�id W >KO' m �W� i� Ci vxi �2p0� U 2, I I'Lu oh =m iG r 2�0 ) ir; y�QW 2p¢ W o F 2 W¢ m W 2 � d o > 2 0 1-p�'o 0 W" u Q. 0 0¢? V V W ~00"Obi h 2vmU o >. 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M _� _ z 3 i;p 14 np Commission arch 8, 2021 3enda Item 4 i Rock Creek Page 6 of 10 .. ,z'97/ a'S9/ ,Loa. ,O6 �. , .. .a � . ' �' . m.. � .. ,nr cos o_ ��� -- .o.ci b N� �� � VAC-2021-000015 One Mile View ♦ \ 01 01 Z 1 0. W RMF_12 �.� J N %♦ O9 2� tP W.15T `♦♦a`R.�ZI � Regional Link Neighborhood Link Regional Link -High Activity Freeway/Expressway Planned Neighborhood Link • Shared -Use Paved Trail — Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area Rock Creek Holdings 0 0.125 0.25 0.5 Miles / W15THST'v) W1� C-2 IT) I-2 NORTH NS-1 awlI r / 1 � 1 • 1 l ` 1 j 1 W CATO SPRI GS RD- — Subject Property ' RSF-4 i � RMF-24 %V � S RAMP 60. 0y ' FULBRIG Zoning 42 Generel In,atnal --- RESIDENTIAL SINGLE-FAMILY EXTRACTION COMMERCIAL � RI-tz Reamenoal-ogee NSL fL C — Reaieantlal-Agnwlturel C8 RSF-.5 C-3 - R. FORM BASED DISTRICTS - RSF-z DOM1nmwn core — RS1-4 UTen TM1e..gMare RSF-] in Strut Center RSF-fi De.W. Gener9 RSF-'. Community Sa ,c RESIDENTIAL MULTIFAMILY Neighb.ffi eServices Q -1 Neighb. ..d Co ,aeen i . W112 PLANNED ZONING DISTRICTS i = corereeRial, meaamal, Reaieanual Planning Area -"-�- _� �W124 INSTITUTIONAL Fa etteville Cit Limi Y Y ts NDUSTRIAL 11 Heavy Cemmerdal one Light Ind. —I Planning Col sslon 2021 Agenda Item 4 VAC-21-000015 Rock Creek Page 8 of 10 VAC-2021-000015 Close Up View RSF-4 RS1 [ARROWHEAD ST NS-L Regional Link Neighborhood Link — — — Trail (Proposed) Hillside -Hilltop Overlay District — I Fayetteville City Limits — ` Planning Area Rock Creek Holdings i� �U—SLIGO ST W 3 o m Subject Property D r. m CM >< CATO SPRINGS RD m Feet 0 75 150 300 450 600 1 inch = 200 feet RSF-4 RSF-8 RMF-24 1-1 Heavy Commercial and Light Industrial Community Services Neighborhood Services - Ltd. Planning Co mission 8, 2021 Agenda Item 4 VAC-21-000015 Rock Creek Page 9 of 10 VAC-2021-000015 Rock Creek Holdings Current Land Use r SLIGO ST let jj W AT w o. �m - ;s Multi -Family Residential _- - rn x C 1 Undeveloped Undeveloped rn (1 Mixed -Density Residential i_a Subject Property t Single -Family Residential NYVA • ism._._ I-� i 9.1 i� W r . y . Regional Link Neighborhood Link Trail (Proposed) - - -; Fayetteville City Limits Planning Area W-. CAT O SPRINGS RD, Aw Feet 0 55 110 220 330 1 inch = 150 feet 440 NORTH FEMA Flood Hazard Data 100-Year Floodplain Floodway Planning Co mission 8, 2021 Agenda Item 4 VAC-21-000015 Rock Creek Page 10 of 10 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0276 Agenda Date: 4/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C.1 File Type: Ordinance RPZD-2021-003: (2390 S. DEAD HORSE MTN. RDJMEADOWS AT STONEBRIDGE SD): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 21-003 FOR APPROXIMATELY 51.33 ACRES LOCATED AT 2390 SOUTH DEAD HORSE MOUNTAIN ROAD TO ALLOW THE DEVELOPMENT OF 168 RESIDENTIAL LOTS AND 1 MIXED USE LOT 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 approves R-PZD 21-003 as described in Exhibits `A' and `B' and `C' attached to the Planning Division's Agenda Memo, which allows the development of 168 residential lots and 1 mixed use lot. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning criteria change provided in Section 1 above. City of Fayetteville, Arkansas Page 1 Printed on 41812021 City of Fayetteville Staff Review Form 2021-0276 Legistar File ID 4/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/2/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RPZD-2021-000003: Residential Planned Zoning District (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD, 646): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 2390 S. DEAD HORSE MTN. RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE subject to a bill of assurance and contains approximately 51.33 acres. The request is to rezone the property to RPZD for a subdivision with 168 residential lots and 1 mixed use lot. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 20, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 2, 2021 CITY COUNCIL MEMO SUBJECT: RPZD-2021-000003: Residential Planned Zoning District (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD, 646): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 2390 S. DEAD HORSE MTN. RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE subject to a bill of assurance and contains approximately 51.33 acres. The request is to rezone the property to RPZD for a subdivision with 168 residential lots and 1 mixed -use lot. RECOMMENDATION: City staff and Planning Commission recommend approval of RPZD-2021-000003 as shown in the attached Exhibits `A', `B', and `C'. BACKGROUND: The subject property is in south Fayetteville off S. Dead Horse Mountain Road, just west of Stonebridge Meadows Golf Club. Currently zoned RSF-4, Residential Single -Family, 4 Units per Acre, the property was previously part of the Villas at Stonebridge Planned Zoning District, which expired in 2015. Upon the project's expiration, staff recommended the property revert back to its original zoning of R-A, Residential -Agricultural; the property was eventually rezoned to its current district, with an associated Bill of Assurance limiting the density to 2.5 units per acre (RZN 15- 5194, Ordinance 5842). In February 2018, a preliminary plat for Meadows at Stonebridge Subdivision was approved on this property (PPL18-6063), which was not built. The property is currently rural and undeveloped in nature, and encompasses 51.33 acres. After the Planning Commission meeting on March 22, 2021, the applicant submitted a revised booklet making revisions that were listed as conditions of approval. Those are shown in Exhibit C as completed, and the revised booklet is included in this memo. Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District with 4 planning areas, described as follows: Planning Area 1 — 5.30 acres: This planning area is residential in nature, with allowable uses including single-family dwellings and accessory dwelling units, and a proposed density of 3.77 units per acre. There is no lot width minimum, allowing for tandem lots in Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 areas near Dead Horse Mountain Road where the property's shape restricts a standard lot -and -block pattern; for lots without street frontage, there is a minimum 15-foot setback from all sides, mirroring the City's tandem lot ordinance. For all other lots, the applicant has included a build -to -zone rather than a front setback, 5-foot side setbacks, and a 15- foot rear setback. • Planning Area 2 — 14.93 acres: Alley, rear -loaded single-family dwellings make up the primary usage of this planning area, and the applicant proposes lot widths and setbacks similar to the City's NC, Neighborhood Conservation zoning district. The applicant proposes a density of 3.48 units per acre. • Planning Area 3 — 25.06 acres: Planning Area 3 is also characterized by single-family dwellings and accessory dwelling units, with very similar parameters to the City's RSF-4, Residential Single -Family, 4 Units per Acre zoning district, though also proposes a build - to -zone rather than a front setback. The proposed density for this Planning Area is 3.03 units per acre. Planning Area 4 — 5.05 acres: Planning Area 4 is designed to allow a wider variety of uses beyond single-family residential, including 2-, 3- and 4-family dwellings, and limited non- residential uses, including sidewalk cafes, small-scale establishments, and home occupations. This Planning Area also allows for zero lot line side setbacks, and also includes a build -to -zone in the front of each lot. The proposed density for this Planning Area is 5.94 units per acre. Land Use Compatibility: Staff finds that the updated proposal is generally compatible with surrounding land uses, and that the additional provision of limited non-residential uses offsets initial concerns about the proposed density. The area, though rural in nature, has seen recent development, and with the inclusion of services in this proposal helps enable walkability for the existing and future residents in an area that is currently lacking in available amenities or services. The inclusion of front build -to -zones rather than front setbacks also leans toward pedestrian friendliness for the community. The proposed extension of bike trail throughout to the nearby Saint Paul Trail would also help connect this neighborhood to existing development. Staff also finds that the updated proposal provides additional open space for the use of the residents. Land Use Plan Analysis: Staff finds that the proposal is in line with the goals in City Plan 2040 and adopted land use policies, though with its designation as a Rural Residential Area, is still not completely in line with that designation. The infill score for this site is also low, which appears to counter the City's stated goal towards making infill development a priority. The Master Street Plan, however, does classify Dead Horse Mountain Road as a Neighborhood Link Street, which calls for a design service volume of 6000 vehicle trips per day, indicating that future development could be absorbed should the street be redeveloped to those standards. Staff also finds that the urban design considerations on the site, such as the use of build -to -zones rather than front setbacks, alley -loaded development, and the addition of potential limited services lean this neighborhood towards pedestrian friendliness. Staff also finds that the differentiated lot sizes and the allowance of additional housing types beyond single-family residential lean this neighborhood towards meeting the goals of becoming a complete, compact, and connected neighborhood. On the balance of considerations, staff finds the proposed PZD to be compatible and consistent with existing land uses and adopted land use plans. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from 2 to 4. The elements vary by the area of the property being considered, and include the following: • Near Park (Combs Park) • Near Sewer Main (8-inch main bisecting the site east and west) • Near Paved Trail (Saint Paul Trail) • Appropriate Fire Response (Station #3, 1050 S. Happy Hollow Road) DISCUSSION: At the February 22, 2021 Planning Commission meeting, the applicant requested to table themselves until the March 8, 2021 Planning Commission meeting to work out final details to the proposal and make additional changes. The applicant submitted an updated booklet, though staff did not receive updated plans. At the March 8, 2021 Planning Commission meeting, staff recommended tabling the item to the March 22, 2021 Planning Commission due to an incomplete submission received from the applicant. Planning Commission voted to table the item to allow the applicant sufficient time to submit documents for staff to consider ahead of this meeting. The applicant submitted updated and complete information, which was under review for the March 22 Planning Commission meeting. At the March 22, 2021 Planning Commission meeting, Commissioners voted to forward the item to City Council with a recommendation of approval with a vote of 5-3-1. Commissioners Johnson, Paxton, and Garlock voted against the proposal, and Commissioner Sharp recused. Commissioners in support of the item found that the addition of services on the site allowed for walkability within the proposed neighborhood, and found that the varying lot sizes could allow for a variety of housing types. Commissioners in opposition to the proposal found that the item was sprawl and did not support the added density to the site. Public comment was issued at the meeting from an employee of the adjacent Stonebridge Meadows Golf Course, who had concerns about potential trespassing and liability issues concerning errant balls for the future residents. Another adjacent property owner spoke in opposition to the proposal, preferring that the property maintain its current zoning with the associated Bill of Assurance and that the developer and engineers on the project had not spoken to him about the current proposal. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C • Planning Commission Staff Report with Updated PZD Booklet EXHIBIT 'B' PZD-2021-000003 PART OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST AND ALL OF TRACT 3, PER PREVIOUS SURVEY BY RLS56, DATED: 01/28/2005 (WASHINGTON COUNTY DOCUMENT NO.: 2005-00015573), ALSO BEING PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 24 AND PART OF THE NORTHEAST QUARTER (NE 1/4). PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4), AND PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 25, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING STONE WITH A SET MAG NAIL IN CENTER MARKING THE NORTHWEST CORNER OF NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 25; THENCE N86°50'10"W, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 24, 1000.37 FEET TO A SET MAG NAIL IN THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE LEAVING THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 24, NO3°03'03"E, ALONG THE CENTERLINE OF SAID DEAD HORSE MOUNTAIN ROAD, 596.08 FEET TO A SET MAG NAIL; THENCE LEAVING THE CENTERLINE OF SAID DEAD HORSE MOUNTAIN ROAD AND ALONG THE NORTHERLY AND EASTERLY LINE OF SAID TRACT 3, PER PREVIOUS SURVEY BY RLS56 AND ALONG THE SOUTHERLY AND WESTERLY LINE OF TRACT 4 OF SAID PREVIOUS SURVEY BY RLS56, THE FOLLOWING COURSES (BEARING AND DISTANCES): S86°59'55"E, 66.12 FEET TO AN EXISTING REBAR (RLS56); 556-33'59"E, 339.52 FEET TO AN EXISTING REBAR (RLS56); S81°25'27"E, 630.67 FEET TO AN EXISTING REBAR (RLS56); S33°49'14"E, 271.57 FEET TO AN EXISTING REBAR (RLS56); N88°15'09"E, 161.28 FEET TO AN EXISTING REBAR (RLS56); S42°11'24"E, 488.85 FEET TO AN EXISTING REBAR (RLS56); SO4°36'57"E, 927.99 FEET TO AN EXISTING REBAR (RLS56); S16°00'18"W, 713.43 FEET TO AN EXISTING REBAR (RLS56); S70°36'59"W, 185.39 FEET TO AN EXISTING REBAR; S32°38'47"W, 422.43 FEET TO AN EXISTING REBAR; THENCE LEAVING THE NORTHERLY AND EASTERLY LINE OF SAID TRACT 3, PER PREVIOUS SURVEY BY RLS56, N87°05'30"W, 222.74 FEET TO AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF A PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972; THENCE ALONG THE SOUTHERLY, WESTERLY, AND NORTHERLY LINES OF SAID PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972, THE FOLLOWING COURSES (BEARING AND DISTANCES): N87°05'30"W, 213.89 FEET TO AN EXISTING REBAR; NO2°34'53"E, 1275.30 FEET TO AN EXISTING REBAR; S73°22'04"W, 818.85 FEET TO A SET 1/2" REBAR; NO2°34'53"E, 42.23 FEET TO A SET 1/2" REBAR ON THE NORTHERN RIGHT-OF-WAY OF THE OLD RAILROAD RIGHT-OF-WAY; N73°22'04"E, ALONG THE NORTHERN RIGHT-OF-WAY OF THE SAID OLD RAILROAD RIGHT-OF-WAY, 1045.35 FEET TO AN EXISTING 12" WOOD FENCE CORNER POST MARKING THE NORTHEAST CORNER OF SAID PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972 AND ON THE WEST LINE OF SAID NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 25, ALSO BEING THE WEST LINE OF SAID TRACT 3, PREVIOUS SURVEY BY RLS56; EXHIBIT 'B' PZD-2021-000003 THENCE LEAVING THE SOUTHERLY, WESTERLY, AND NORTHERLY LINE OF SAID PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972, NO2°34'53"E, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 25, ALSO BEING THE WEST LINE OF SAID TRACT 3, PREVIOUS SURVEY BY RLS56, 842.69 FEET TO THE POINT OF BEGINNING, CONTAINING 51.325 ACRES, MORE OR LESS, BEING SUBJECT TO PUBLIC ROAD RIGHTS -OF -WAY AND ANY EASEMENTS OF RECORD, ACCORDING TO A SURVEY BY ANDERSON SURVEYING, INC., RLS1272, JOB# 17-01-11. EXHIBIT 'C' PZD-2021-000003 CONDITIONS OF APPROVAL Staff and Planning Commission recommend the following conditions of approval: 1. Revise the PZD booklet and plans to reflect the following: a. Booklet includes a copy of the current Bill of Assurance on the property, which will become null and void. Add supporting text to explain its purpose in the packet, to clarify that it is not the intend to include a Bill of Assurance with the current proposal. 2. Any proposed lots without frontage shall provide adequate access for water, sewer, and emergency services; 3. Proposed streets shall meet minimum 2040 Master Street Plan requirements for Residential Link Streets and alleys; additional variances will be needed for alternative street sections; 4. Proposed fire apparatus access roads shall meet requirements as stated by all applicable fire codes; 5. Traffic Impact Study (TIS) shall be provided at the time of development proposal; 6. A statement from an environmental professional regarding the presence of wetlands must be provided at the time of development proposal. Additionally, the Planning Commission recommends the following: Revise the PZD booklet and plans to reflect the following: b. Add specific language to ensure that Lot 174 shall be developed with commercial uses prior to residential uses. c. Lots 82-96 shall include uses 12a and 24. CITY OF ti FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING: March 22, 2021 Updated with PC hearing results from 3/22/2021 SUBJECT: RPZD-2021-000003: Residential Planned Zoning District (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD, 646): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 2390 S. DEAD HORSE MTN. RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 51.33 acres. The request is to rezone the property to RPZD for a subdivision with 168 residential lots and 1 mixed -use lot. RECOMMENDATION: Staff recommends forwarding PZD-2021-000003 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to approve PZD-2021-000003 until the next scheduled Planning Commission meeting." FEBRUARY 22, 2021 PC HEARING The applicant requested to table themselves until the March 8, 2021 Planning Commission meeting to work out final details to the proposal and make additional changes. The applicant submitted an updated booklet, though staff did not receive updated plans. MARCH 8, 2021 PC HEARING Staff recommended tablina the item to the March 22. 2021 Plannina Commission due to an incomplete submission received from the applicant. Planning Commission voted to table the item to allow the applicant sufficient time to submit documents for staff to consider ahead of this meetina. The aDDlicant submitted uDdated and comDlete information. which is under consideration in this report. BACKGROUND: The subject property is in south Fayetteville off S. Dead Horse Mountain Road, just west of Stonebridge Meadows Golf Club. Currently zoned RSF-4, Residential Single -Family, 4 Units per Acre, the property was previously part of the Villas at Stonebridge Planned Zoning District, which expired in 2015. Upon the project's expiration, staff recommended the property revert back to its original zoning of R-A, Residential -Agricultural; the property was eventually rezoned to its current district, with an associated Bill of Assurance limiting the density to 2.5 units per acre (RZN 15- 5194, Ordinance 5842). In February 2018, a preliminary plat for Meadows at Stonebridge Subdivision was approved on this property (PPL18-6063), which was not built. The property is currently rural and undeveloped in nature, and encompasses 51.33 acres. Surrounding land uses and zoning is depicted in Table 1. Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 1 of 51 Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped; Golf Club R-A, Residential -Agricultural South Undeveloped; Single -Family R-A, Residential -Agricultural; Residential Washington County East Golf Club R-A, Residential -Agricultural West Single -Family Residential R-A, Residential -Agricultural; Washington County Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District with 3 planning areas, described as follows: Planning Area 1 — 5.30 acres: This planning area is residential in nature, with allowable uses including single-family dwellings and accessory dwelling units, and a proposed density of 3.77 units per acre. There is no lot width minimum; for lots without street frontage, there is a minimum 15-foot setback from all sides. For all other lots, the applicant has included a build -to -zone rather than a front setback, 5-foot side setbacks, and a 15- foot rear setback. • Planning Area 2 — 14.93 acres: Alley, rear -loaded single-family dwellings make up the primary usage of this planning area, and the applicant proposes lot widths and setbacks similar to the City's NC, Neighborhood Conservation zoning district. The applicant proposes a density of 3.48 units per acre. • Planning Area 3 — 25.06 acres: Planning Area 3 is also characterized by single-family dwellings and accessory dwelling units, with very similar parameters to the City's RSF-4, Residential Single -Family, 4 Units per Acre zoning district, though also proposes a build - to -zone rather than a front setback. The proposed density for this Planning District is 3.03 units per acre. • Planning Area 4 — 5.05 acres: Planning Area 4 is designed to allow a wider variety of uses beyond single-family residential, including 2-, 3- and 4-family dwellings, and limited non-residential uses, including sidewalk cafes, small-scale establishments, and home occupations. This Planning Area also allows for zero lot line side setbacks, and also includes a build -to -zone in the front of each lot. Public Comment: Staff has received inquiries on the proposal, but has not received any comments in support or opposition to the proposal at this time. INFRASTRUCTURE: Streets: The subject property has approximately 600 feet of frontage along the east side of Dead Horse Mountain Road. This road is paved (approximately 23 feet wide), but is otherwise unimproved, and consists of open ditches on either side. Any street improvements required in these areas would be determined at the time of development proposal. It should be anticipated that a Traffic Impact Study (TIS) will be required at the time of development proposal. This TIS should identify impacts to nearby streets due to increased traffic. Specifically, analysis should be provided where the subdivision connects to Dead Horse Mountain Road, and at the intersection of S. Stonebridge Road, and E. Huntsville Road (Hwy 16). Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 2 of 51 Water: Public water is available to the subject property. However, an offsite extension may be required. A 6" diameter water main is located along the west side of Dead Horse Mountain Road near the property's frontage. While it is possible to connect to this existing main to provide service, it will not be adequate for a development this size, nor will it be adequate to supply necessary fire flows. The developer must include a looped water main connection throughout the property, with the primary connection occurring on the 12" water main south and west of the property offsite. Sewer: Sanitary sewer is available to the subject property. Currently an existing 8" sewer main bisects the property running east -west near the southern end of Planning Area 2. Sewer service in this area is provided by means of a series of lift stations that ultimately direct flows to the Noland Treatment Plant. Based on previous experience with similar development proposals on this property, the existing lift stations and associated sewer network will have capacity to provide service to this proposed development. Drainage: No portion of the property is located within the Hillside -Hilltop Overlay District, nor are there any protected streams, and no portion of the site is within a FEMA Floodplain. GIS information does indicate the presence of hydric soils, near the lower lying areas. A statement from an environmental professional regarding the presence of wetlands must be provided at the time of development proposal. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. The site will be protected by Station 3, located at 1050 S Happy Hollow. The property is located approximately 2.3 miles from the fire station with an anticipated drive time of approximately 5 minute using existing streets. The anticipated response time would be approximately 7.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040's Future Land Use Map designates the properties within the proposed rezone as Rural Residential Area. Rural Residential Areas recognize existing low -density large lot development but are identified to encourage the conservation and preservation of woodlands, grasslands, or agricultural lands that are sparsely settled. These areas may or may not have adequate street and water infrastructure or public services, such as police and fire protection to support urban or suburban densities and development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from 2 to 4. The high score translates to a weighted score of 3.5 at the highest level. The elements vary by the area of the property being considered, and include the following: • Near Park (Combs Park) • Near Sewer Main (8-inch main bisecting the site east and west) • Near Paved Trail (Saint Paul Trail) • Appropriate Fire Response (Station #3, 1050 S. Happy Hollow Road). Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 3 of 51 FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds that the updated proposal is generally compatible with surrounding land uses, and that the additional provision of limited non-residential uses offsets initial concerns about the proposed density. The area, though rural in nature, has seen recent development, and with the inclusion of services in this proposal helps enable walkability for the existing and future residents in an area that is currently lacking in available amenities or services. The inclusion also of front build -to -zones rather than front setbacks also leans toward pedestrian friendliness for the community. The proposed extension of bike trail throughout to the nearby Saint Paul Trail would also help connect this neighborhood to existing development. Staff also finds that the updated proposal provides additional open space for the use of the residents. Land Use Plan Analysis: Staff finds that the proposal is in line with the goals in City Plan 2040 and adopted land use policies, though with its designation as a Rural Residential Area, is still not completely in line with that designation. The infill score for this site is also low, which appears to counter the City's stated goal towards making infill development a priority. The Master Street Plan, however, does classify Dead Horse Mountain Road as a Neighborhood Link Street, which calls for a design service volume of 6000 vehicle trips per day, which does indicate that future development could be absorbed should the street be redeveloped to those standards. Staff also finds that the urban design considerations on the site, such as the use of build -to -zones rather than front setbacks, alley -loaded development, and the addition of potential limited services lean this neighborhood towards pedestrian friendliness. Staff also finds that the differentiated lot sizes and the allowance of additional housing types beyond single-family residential lean this neighborhood towards meeting the goals of becoming a complete, compact, and connected neighborhood. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is not necessarily justified to accommodate development of this area; there was a previously -approved preliminary plat on this site under the property's current zoning of RSF-4, Residential Single -Family, 4 Units per Acre, that also met the requirements of the associated Bill of Assurance. That said, the added density with the addition of non-residential uses in this area, added open space, and potential connection to a bike trail gives shows that this proposed development is more sensitive to the surroundings and future of the area than the development that was previously approved. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 4 of 51 Finding: The proposed PZD zoning will increase traffic, and possibly to a significant degree. With the addition of potentially 168 homes staff finds this may negatively contribute to traffic counts on Dead Horse Mountain Road, with residents having no viable alternative transportation option. That said, with the addition of potential walkable services in the area, staff finds that this somewhat alleviates this concern. Staff also finds that the proposal provides connection to an existing bike trail, which does work in the development's favor towards the future reduction of traffic counts, but this does little to provide connectivity to the development in the short term. Staff finds that given the proposed unit counts and proposed densities, the applicant should plan to submit a Traffic Impact Study (TIS) with any proposed preliminary plat, should the rezoning at this site be approved. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from its current zoning designation will significantly alter the potential population density in the area. Initial Engineering Division review indicates that utility extensions or upgrades are likely required, especially with regards to current water service to the site, which does not currently have the capacity to serve a development of this size. No comments were received from the Fayetteville Public School district. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A Sec. 161.35. Planned Zoning Districts (PZD) (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 5 of 51 (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11)Recognized zoning consideration. Whether any other recognized zoning consideration would be violated in this PZD. Findings: As outlined in previous findings, staff finds that the proposal is in line with the factors that may be considered with a Planned Zoning District. The proposal introduces the potential for a variety of housing types, and introduces some compatible neighborhood services to the area as well. By adding an additional RECOMMENDATION: Staff recommends forwarding PZD-2021-000003 to City Council, with a recommendation of approval, with conditions as outlined below. Conditions of Approval: 1. Revise the PZD booklet and plans to reflect the following: a. Booklet includes a copy of the current Bill of Assurance on the property, which will become null and void. Add supporting text to explain its purpose in the packet, to clarify that it is not the intend to include a Bill of Assurance with the current proposal. 2. Any proposed lots without frontage shall provide adequate access for water, sewer, and emergency services; 3. Proposed streets shall meet minimum 2040 Master Street Plan requirements for Residential Link Streets and alleys; additional variances will be needed for alternative street sections; 4. Proposed fire apparatus access roads shall meet requirements as stated by all applicable fire codes; 5. Traffic Impact Study (TIS) shall be provided at the time of development proposal; 6. A statement from an environmental professional regarding the presence of wetlands must be provided at the time of development proposal. Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 6 of 51 Planning Commission Action: 0 Forwarded 13 Tabled O Denied Meeting Date: March 22, 2021 Motion: Winston Second: Hoffman with conditions as recommended by staff, and additional below. Vote: 5-3-1 (Commissioners Johnson, Paxton, Garlock opposed; Commissioner Sharp recused) BUDGET/STAFF IMPACT: None Attachments: • Urban Forestry Memo • Applicant Request Letter • PZD Booklet • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map Additions to Condition #1: Revise the PZD booklet and plans to reflect the following: a. Booklet includes a copy of the current Bill of Assurance on the property, which will become null and void. Add supporting text to explain its purpose in the packet, to clarify that it is not the intend to include a Bill of Assurance with the current proposal. b. Add specific language to ensure that Lot 174 shall be developed with commercial uses prior to residential uses. c. Lots 82-96 shall include uses 12a and 24. All other conditions as outlined by staff. Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 7 of 51 CITY OF �- FAYETTEVILLE ARKANSAS Planning Commission Memo TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Melissa Evans, Urban Forester MEETING DATE: March 22, 2021 SUBJECT: PZD-2021-000003: Administrative Item (DEAD HORSE MOUNTAIN ROAD/MEADOWS AT STONEBRIDGE): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at DEAD HORSE MOUNTAIN ROAD. The property is currently zoned RSF-4, and contains approximately 51.325 acres. The request is for the property to be zoned PZD, PLANNED ZONING DISTRICT with 161 residential lots. RECOMMENDATION: Urban Forestry Staff does recommends the approval of PZD-2021-000003 in that the PZD booklet states that Chapter 167 Tree Preservation and Protection and Chapter 177 Landscape Regulations requirements will be met. The required minimum existing tree canopy coverage is 25% for PZDs. It is understood that the existing canopy may currently be under 25% in which case that will be the minimum canopy preservation requirement. It is highly recommended that as many trees be preserved as possible to meet the requirement, and that utility and infrastructure be designed around the trees. The plat shows lots with existing trees which will be under the care of future homeowners, including their decision to let the trees remain or remove them. While code does not provide a way for such trees to be preserved in an easement, it needs to be understood that the current lot design would allow future removal by homeowners, if many trees can be preserved on the lots with house and driveway construction. Chapter 177 Landscape Regulations must be met also, including one street tree per lot and detention pond plantings. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevillP%j 2021 Fayetteville, AR 72701 Agda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 8 of 51 OW 300 North College, Suite 317 Fayetteville, 270 Crafton Tull 479.45455.2207 architecture I engineering 1 surveying craftontull.com January 13, 2021 City of Fayetteville Attn: Planning Commission 113 West Mountain St Fayetteville, AR 72701 Re: The Meadows at Stonebridge PZD To whom it may concern, The request made herein is for the property located at 2390 S Dead Horse Mountain Rd to rezone from RSF-4 to PZD. The Meadows at Stonebridge is a 51.325 acre proposed development containing three planning areas with a total of 158 buildable residential lots. Because of the unique shape of the parcels, along with the existing topography of the site, we are requesting these specific planning areas in order to increase the density of the overall project, provide a mix of lot sizes and types, and increase the efficiency of the layout and associated infrastructure improvements. By achieving the aforementioned objectives, we are better able to meet the City Plan 2040 Goals and further provide opportunities for attainable housing. It is important to note that, although some of the planning areas proposed have minimum regulations that would allow for densities greater than four units per acre, the overall density of each individual planning area and the proposed development as a whole still fall short of four units per acre. We feel that this proposed zoning request is compatible with surrounding uses and we respectfully request your favorable consideration in this matter. Sincerely, Bradley Bridg s, PE Project Manager Crafton Tull Planning Commission March 22 2021 PZD-21-000003 Meadows at Stonebridge SD Page 9 of 51 March 23, 2021 PZD BOOKLET Prepared for: Rouse & Rouse Development, LLC EXHIBIT Updated PZD Booklet The Meadows at Stonebridge PZD Submitted to. City of Fayetteville 125 W Mountain St. Fayetteville, Arkansas 72701 CT JOB NO. 20301000 Prepared by: 300 North College, Suite 317 Fayetteville, AR 72701 1 479-455-2207 www.craftontull.com INDEX PROJECT INFORMATION • TYPICAL STREET CROSS SECTIONS PLAT INFORMATION • OVERALL PRELIMINARY PLAT PLAN • ZONING AND DEVELOPMENT STANDARDS BY PLANNING AREA • MASTER PLAN EXHIBITS: • ARCHITECTURAL RENDERINGS C4 P. I Grafton Tull CITY OF 00 FAYETTEVILLE IV ARKANSAS CITY PLAN 2040 GOALS WE WILL MAKE APPROPRIATE INFILL AND REVITALIZATION OUR HIGHEST PRIORITY • WE WILL DISCOURAGE SUBURBAN SPRAWL WE WILL MAKE COMPACT, COMPLETE, AND CONNECTED DEVELOPMENT THE STANDARD WE WILL GROW A LIVABLE TRANSPORTATION NETWORK • WE WILL ASSEMBLE AN ENDURING GREEN NETWORK WE WILL CREATE OPPORTUNITIES FOR ATTAINABLE HOUSING C4 P. I Grafton Tull Ctfl) Grafton Tull 1A CURRENT OWNERS: Parcel 765-15269-101: Rouse & Rouse Development, LLC 9422 Rogers Ave Fort Smith, AR 72903 Parcel 765-15268-451: Rouse & Rouse Development, LLC 9422 Rogers Ave Fort Smith, AR 72903 1■ J Parcel 765-15269-950: Rouse & Rouse Development, LLC 9422 Rogers Ave Fort Smith, AR 72903 Parcel 765-15268-350: Rouse & Rouse Development, LLC 9422 Rogers Ave Fort Smith, AR 72903 The Meadows at Stonebridge is a proposed 175 lot (169 buildable), 51.325 acre residential subdivision, located east of S Dead Horse Mountain Road adjacent to the Stonebridge Meadows Golf Club in Fayetteville. The property is currently zoned RSF-4 with a Bill of Assurance that restricts the density to 2.5 units per acre. We are seeking to rezone to Planned Zoning District (PZD) to allow for the desired density of 3.5 units per acre in the development. Rezoning of the property to PZD will null and void the current Bill of Assurance. The proposed development consists of 168 residential lots, 1 lot specifically allocated for mixed use, along with additional lots allocated for open/greenspace and storm water retention facilities. The development will be serviced by City of Fayetteville water and sanitary sewer. „A Site Location I CO) Grafton Tull 1C 1. STREET AND LOT LAYOUT Currently, the only way to access the site is to turn off of S Dead Horse Mountain Rd onto a narrow gravel drive that terminates on the west side of the property. With the construction of this development, we plan to bring the road through the site with a stub -out on the east property line. An additional connection to Dead Horse Mountain Rd will be made on the northern side of the property to increase access. Additional future connections to the development will be made possible through proposed stub -outs on the southern (facing west) and northern (facing south and north) ends of the property. A proposed trail running west to east will also ensure future connection to the existing trail network with development of adjacent property. On the northwest corner of the site lies 20 tandem lots, in Planning Area 1, zoned similar to RSF-4; for which, the lots away from the road will have access through shared drives within a dedicated 15' wide access easement. These lots have no minimum width requirement to allow for the tandem lots. The center of the development is comprised of 52 lots, in Planning Area 2, zoned similar to NC. Of these lots, 37 will have rear access provided through alleyways. The remaining 15 lots in this planning area will be accessed from the street. There are an additional 76 lots, in Planning Area 3, zoned similar to RSF-4 with standard access provided from the street. Planning Area 4 contains a total of 21 lots and is zoned similar to NS-G. One of the lots is specifically set aside for mixed use and must contain some type of business/commercial element. A maximum of ten dwelling units will be allowed on this lot as part of a mixed use building. There are 6 unbuildable lots, 3 of which are set aside for open space. A description of home frontage and access is described below: CIL� Grafton Tull Lot Number■ 1-48 Street Street Street Street Access Street Alleyway Street Alleyway Alleyway Street Shared Drive 49-64 65-96 97-124 125-133 134-139 140-144 145-156 Trail Street Tandem Lot Street Tandem Lot Street Shared Drive 157-161 162-168 Street Street 174 Street Street Lots 171, 173, 175 are unbuildable Lots 169, 17D, 172 are open space Please refer to the Masterplan within the Plat Information portion of this report. 2. SITE PLAN SHOWING PROPOSED IMPROVEMENT The proposed site is a 175 lot (169 buildable) mixed use development, comprised mostly of single family residential dwellings. Access will be off S Dead Horse Mountain Rd. Homes will be accessed off a combination of residential streets and alleys with access to tandem lots away from the street provided through 15' access easements connected to the right of way. Most homes in the development will front the street, save for ten tandem lots in Planning Area 1, away from the street, which will front green space along with 9 lots in Planning Area 2 that front the trail and open space/retention area. Water, sewer and storm sewer will be constructed within the development to service the homes. Utility easements will be provided to allow for franchise utility connections. Please refer to the Plat Information portion of this report to view the Site Plan. 3. BUFFER AREAS There are several areas designated as open space within the proposed property, most of which are designed around existing or proposed retention ponds. These areas also include existing tree canopy that will provide areas for residential recreation and relaxation. I CO) Grafton Tull 4. TREE PRESERVATION AREAS Tree canopy cover on the existing site is minimal with the exception of clusters around the western & northwestern boundaries of the site. Trees will be undisturbed as far as is feasible while also allowing for proper infrastructure and utility construction and installation. Open space areas that have been designated within the development were chosen for their natural resources and tree canopy. The development will comply with the standards set forth in UDC Chapter 167 for Tree Preservation and Protection (existing conditions for canopy cover are less than 25%). 5. STORM WATER DETENTION AREAS AND DRAINAGE The 51.325 acre site is currently comprised mostly of grassland. The property generally drains from southeast to northwest. There are four different study points - one being in the NW corner of the site containing a small amount of area (1), one being a pond just offsite to the northeast (2), one being the outfall of an offsite pond to S Dead Horse Road (3), and one being an offsite low point to the west (4). The placement of the proposed storm water retention ponds are such that they are located to intercept and hold water before points two (2) and three (3). Study points one (1) and four (4) will receive marginal amounts of site flow. The ponds will be sized to meet the requirements set forth in the City of Fayetteville Drainage Criteria Manual. 117 �- �- r 1�.` 6. UNDISTURBED NATURAL AREAS A one acre area located along the eastern property line has been set aside to be preserved as open space. This area contains an existing pond and tree canopy that �,;'� Grafton Tull will provide an opportunity for residents to utilize for recreational enjoyment. There are several other areas of open space near retention ponds and along the proposed trail for recreational use. These areas have been chosen for their locations in relation to natural resources and tree canopy. As stated above, open space and existing trees will be an invaluable part of the neighborhood and will be protected when possible per UDC Chapter 167. 7. EXISTING AND PROPOSED UTILITY CONNECTIONS AND EXTENSIONS An existing sanitary sewer line (8" PVC) runs through the site to a lift station just northeast of the site. A new line will be installed that independently connects to the existing lift station. Water will be connected to the existing 6" line at the northwest corner of the site and to the 12" line southwest of the site. Utility easement for this portion of offsite water improvement is already in place. All water, sanitary sewer, and storm sewer will be designed and installed per City of Fayetteville standards and specifications. 4♦t — °o a a a n o a I® v ® a a a a � H[lRf�cF 6" Water Main o o w s col U8 a -• I I Existing LITE, Station --•---- o a� moo__ I a Site Location J I I I _ I �;. 12" Water Main � S s �:�bal aoe •_ i ` I 8. DEVELOPMENT AND ARCHITECTURAL DESIGN STANDARDS This development will comply with City of Fayetteville UDC Chapter 166.23 — Urban Residential Design Standards. �,J'� Grafton Tull 9. BUILDING ELEVATIONS Please refer to the architectural renderings attached to this report to view example building elevations for Planning Area 1. These elevations are from recently constructed single family homes by the developer on lots of similar size and terrain as those found in Planning Area 1. No conceptual renderings or elevations have been produced at this time for other Planning Areas. Building elevations will be submitted at the time of development and will meet the requirements as stated in 1.C.8 of this report. 1D This PZD consists of 51.325 acres consisting of four Planning Areas. Planning Area 1 is designated similar to the standards ascribed to RSF-4 with no minimum lot width to allow for tandem lots to be constructed. Planning Area 2, proposed similar to NC, will comprise of 52 lots, 37 of which will have rear access with garages located along the alleyway. The remaining 15 lots, Lots 82-96, in Planning Area 2, will access from the street. Lots 82-96 will also allow Unit 12a and Unit 24 as a Permitted Use. Planning Area 3 is very similar to RSF-4 with a slightly reduced minimum lot width and contains the bulk of the development with 76 lots. Planning Area 4 is proposed similar to NS-G, with Lot 174 specifically set aside to allow for some type of business/commercial aspect for the development. Lot 174 must contain a commercial element allowed by the uses stated in 1 F of this report. The idea is to construct a mixed use structure(s) that will allow up to a maximum of ten dwelling units on the lot, along with some type of beneficial business or service for convenience and enjoyment of residents. The commercial use must be developed prior to residential uses on Lot 174. Additionally, there are 16 lots that will contain eight two-family dwellings with alleyway access and a zero lot line, along with four single family lots accessed by street. 1E Planning Area 1: A) Purpose. This PZD is designed to promote attainable and resourceful living space for single-family residences. B) Uses. 1. Permitted Uses: Unit 1 — City-wide uses by right Unit 8 — Single-family dwellings Unit 41 —Accessory dwellings 2. Conditional Uses: Unit 2 — City-wide uses by conditional use permit Unit 3 — Public protection and utility facilities Unit 4 — Cultural and recreational facilities Unit 5 — Government facilities CIL� Grafton Tull Unit 9 — Two-family dwellings Unit 12a — Limited business Unit 24 — Home occupations Unit 36 — Wireless communications facilities Unit 44 — Cluster Housing Development C) Density: 3.77 Units/Acre (20 dwelling units on 5.30 Acres) D) Bulk and Area Regulations: 1. Lot Width Minimum: None 2. Lot Area Minimum: 6,500 sqft E) Setback Requirements: Front Side Rear A build -to zone that is located 5 feet; 15 feet between the front property line and a Tandem line 25 ft. from the front property line Lots 15 Tandem Lots: 15 feet F) Building Height Regulations: 1. Building Height Maximum: 3 Stories G) Max Building Area: There are no maximum or minimum building area requirements. H) Minimum Buildable Street Frontage: 50%; Tandem Lots: None 1) Landscaping: Compliance with Unified Development Code Standards (UDC) Chapter 177 J) Parking: Compliance with UDC 172 Parking and Loading K) Signage: Compliance with UDC 174 Signs for single-family residential property Planning Area 2: A) Purpose: This PZD district is designed to promote and encourage the efficient development of single-family residences on this particular property. B) Uses. 1. Permitted Uses: Unit 1 —City-wide uses by right Unit 8 — Single-family dwellings Unit 41 —Accessory dwellings CIL� Grafton Tull 2. Conditional Uses: Unit 2 — City-wide uses by conditional use permit Unit 3 — Public protection and utility facilities Unit 4 — Cultural and recreational facilities Unit 9 — Two (2) family dwellings Unit 10 — Three (3) and four (4) family dwellings Unit 12a — Limited business* Unit 24 — Home Occupations* Unit 25 — Offices, studios, and related services Unit 28 — Center for collecting recyclable materials Unit 36 — Wireless communications facilities Unit 44 — Cluster Housing Development *Lots 82-96 allow Unit 12a and Unit 24 as a Permitted Use. C) Density: 3.48 Units/Acre (52 Dwelling Units on 14.93 Acres) D) Bulk and Area Regulations: 1. Lot Width Minimum: 50' 2. Lot Area Minimum: 5,500 sqft E) Setback Requirements: Front Side Rear Rear, from CL of an Alley A build -to zone that is located between the front property line 5 feet 5 feet 12 feet and a line 25 ft. from the front property line F) Building Height Regulations: 1. Building Height Maximum: 3 Stories G) Max Building Area: There are no maximum or minimum building area requirements. H) Minimum Buildable Street Frontage: 50% 1) Landscaping: Compliance with Unified Development Code Standards (UDC) Chapter 177 J) Parking: Compliance with UDC 172 Parking and Loading CIL� Grafton Tull K) Signage: Compliance with UDC 174 Signs for single-family residential property Planning Area 3: A) Purpose: This PZD district is designed to promote and encourage the efficient development of single-family residences. B) Uses: 1. Permitted Uses: Unit 1 — City-wide uses by right Unit 8 — Single-family dwellings Unit 41 —Accessory dwellings 2. Conditional Uses: Unit 2 — City-wide uses by conditional use permit Unit 3 — Public protection and utility facilities Unit 4 — Cultural and recreational facilities Unit 5 — Government facilities Unit 9 — Two-family dwellings Unit 12a — Limited business Unit 24 — Home Occupations Unit 36 — Wireless communications facilities Unit 44 — Cluster Housing Development C) Density: 3.03 Units/Acre (76 dwelling units on 25.06 Acres) D) Bulk and Area Regulations: 2. Lot Area Minimum: 8,000 sqft E) Setback Requirements: Front Side Rear A build -to zone that is located 5 feet 15 feet between the front property line and a line 25 ft. from the front property line F) Building Height Regulations: 1. Building Height Maximum: 3 Stories G) Max Building Area: 40% H) Minimum Buildable Street Frontage: 50% CIL� Grafton Tull 1) Landscaping: Compliance with Unified Development Code Standards (UDC) Chapter 177 J) Parking: Compliance with UDC 172 Parking and Loading K) Signage: Compliance with UDC 174 Signs for single-family residential property Planning Area 4: A) Purpose: This PZD district is designed to promote and encourage complete and compact development and to enhance walkability within the development and surrounding neighborhoods. B) Uses: 1. Permitted Uses: Unit 1 — City-wide uses by right Unit 8 — Single-family dwellings Unit 9 — Two-family dwellings Unit 10 — Three (3) and four (4) family dwellings Unit 12b — General business* Unit 24 — Home occupations Unit 40 — Sidewalk cafes* Unit 41 —Accessory dwellings Unit 44 — Cluster housing development *Lot 174 must contain an element within Unit 12b or Unit 40. Lot 174 may or may not also contain a residential component in addition to stated required uses. 2. Conditional Uses: Unit 2 — City-wide uses by conditional use permit Unit 3 — Public protection and utility facilities Unit 4 — Cultural and recreational facilities Unit 5 — Government facilities Unit 13 — Eating places Unit 16 — Shopping goods Unit 19 — Commercial recreation, small sites Unit 25 — Offices, studios and related services Unit 26 — Multi -family dwellings Unit 36 — Wireless communications facilities Unit 45 — Small scale production C) Density: 5.94 Units/Acre (30 dwelling units on 5.05 Acres) D) Bulk and Area Regulations: 1. Lot Width Minimum: 35' (Dwellings); None (All other uses) CIL� Grafton Tull 2. Lot Area Minimum: 4,000 sqft (Single family); 3,000 sqft (Two-family); None (All other uses) E) Setback Requirements: Front Side Rear A build -to zone that is located 5 feet; None; 15 between the front property line and a Zero lot feet when line 25 ft. from the front property line line contiguous to single- family *A setback of less than 5 feet (zero lot line) is permitted on one interior side, provided a maintenance agreement is filed. The remaining side setback(s) shall be 10 feet. F) Building Height Regulations: 1. Building Height Maximum: 3 Stories G) Max Building Area: None H) Minimum Buildable Street Frontage: 50% (Lot 174 is exempt from this requirement) 1) Landscaping: Compliance with Unified Development Code Standards (UDC) Chapter 177 J) Parking: Compliance with UDC 172 Parking and Loading K) Signage: Compliance with UDC 174 Signs CIL� Grafton Tull LL T— O Z Z _z &a E - - d z° v E 'E a x x o y E c _ 'E N 0 U E �. n o o U - o .E U 3 0 _ Z U - E U U - - - _ - p o U- OJ w U O 7 M E U m - U Z E a9 - c c - - LL in z° E o = E o 6 G E 0 0 - E U E � c = E ° o Z - - _co °`� - _ - i in n E in, ac E g E c o -'_' Z $ c r > > a ci Z r a a Zo.�iEw E c m U > m m 4 2 L 3 E U m U o JE- E U y pm N° - - 0 « Z Z N m E _ E E y o o .; w 'o .E E o 2 U v E y U ol 0 - y o o. ^, U y m a y - O ¢ a _ E ' a LLQ E Z - - y °� E a U - Z �° c s 2 G) U! n W N O O , a -I � W � a m � Ni0 y L J Y 3 v d a J w N u Y a � o � c b0 U O C - C � 'O p E E f6 w O C h U1 C H C C N E �J E w O C � y O � NO �O N � m y M C O @ C C C T W O U O E m p O w E y > w E E o C 30 0 N o E E V m C O C_ p w O c N O O C � � O h ad D O E D J C w E z C � 3 .o E N C O � N N E .... E v w O W w C w m V E C C N R N X C Y N O h w u U 1° E O H u a n A n H L ti N O O Q « r r 1G The 51.325 acre site consists of grasslands, small ponds, and some trees. The property drops in elevation approximately 55' from south to north. There are no known natural or man-made hazards that exist on site. 1H The forefront of the design of this development is to provide a variation in lot sizing that will allow a mixture of different price points and housing types to be constructed within the development. This will help to create more attainable housing and a more architecturally diverse neighborhood. Accessibility to the existing trail network and access to potential future developments west of the site will be achieved with a proposed trail running west to east through the site along with several street stub -outs. In addition, 11 parking spaces in front of the larger of the two detention lots will provide access to the trail and to the greenspace around the proposed retention ponds. A separate one acre parcel containing an existing pond and mature tree canopy has been set aside as a communal open space to provide residents with an opportunity for recreation. Additionally, Planning Area 4 allows for some use of business/commercial development to allow for reduced trip generation and promote walkability by providing opportunity for services to be developed. 11 The unique shape and existing topography of the proposed site make it challenging to achieve a desirable density with typical RSF zoning. The requested PZD allows for a density of 3.5 units per acre on this 51.325 acre property. By utilizing more compact, dense development in specific areas of the site, we are able to create more diversity in housing type and increase density, thereby creating a neighborhood with more attainable housing. This development also promotes social community through the use of the provided open space and also allows for outdoor physical activities through the use of the trail system. Goals for City Plan 2040 are: • We will make appropriate infill and revitalization our highest priority. • We will discourage suburban sprawl. • We will make compact, complete, and connected development the standard. • We will grow a livable transportation network. • We will assemble an enduring green network. • We will create opportunities for attainable housing. Prepared by: 300 North College, Suite 317 1 Fayetteville, AR 72701 1 479-455-2207 1 www.craftontull.com Approving this PZD will help to achieve City Plan 2040 goals above. This development is in a prime location, with existing and currently in construction neighborhoods adjacent to the property, to add additional housing without disturbing the flow and feel of the surrounding area. The density of the development encourages neighborliness and promotes walkability with the inclusion of the allowance for some business/commercial element within the neighborhood itself. The requested zoning will allow for a more efficient use of the land and associated infrastructure, resulting in housing that is more attainable for the citizens of Fayetteville. 1J Currently bordering this property to the west, northwest, and southwest are residential developments on large lots - mostly zoned R-A. To the east is the Stonebridge Meadows golf course. Opposite of Dead Horse Mountain Road and just across the Stonebridge Meadows golf course are RSF-4 developments matching the general layout and density design of this development. Traffic will access the development via Dead Horse Mountain Road (Neighborhood Link). Architectural requirements will be as described within Section 1.C.8 of this booklet. Any signage proposed will comply with the requirements laid out in City code for RSF-4 zoned property. 1K The City of Fayetteville's future land use (2040) map designates this area as rural residential. We believe that this residential PZD will fit the surrounding area and the overarching goals of the City- namely to make compact; complete; and connected development the standard, and to create opportunities for attainable housing. The current layout promotes walkability, neighborliness and the use of existing natural features and open space. The residents will have direct access to Dead Horse Mountain Road, reducing traffic through other minor streets. Water and sewer utilities are already at the site and will not require any additional extensions, other than what will be required to service the neighborhood. CIL� Grafton Tull f V'—1 Dr e aw.v a Site Latat on I I i 0.e�iJ�nal i ff�anno.nWe _ I i N�Ndsn1W FROM CITY PLAN 2040 - FUTURE LAND USE PLAN 1L Traffic Study (Not Required) 1M This development will be served by City of Fayetteville water and sewer infrastructure. Water: The development will tie into the existing water main on the west side of S Dead Horse Mountain Road at two locations- once on the 6" line and once on the 12" line. Flow tests will be performed during the design phase in order to ensure the proposed development meets City and State standards. Sanitary Sewer: The development will connect to an existing sanitary sewer lift station northeast of the site. This lift station currently receives an 8" line from developments west of the site. Franchise Utilities: All franchise utilities (phone, cable, electric, gas) currently have infrastructure on or adjacent to the proposed development. Upgrades or extensions will be constructed to meet the demands of the neighborhood. C4 P. I Grafton Tull 1N 1. Screening and Landscaping: Existing vegetative buffers along the western and northwestern property lines will largely remain untouched. All landscaping proposed will meet UDC requirements associated with the RSF-4 zoning and/or applicable use unit. 2. Traffic and Circulation: Traffic will be directed through the development by use of a local street that runs east to west through the center of Planning Area 3 which then can circulate through to planning area 2, through the entirety of Planning Area 3 and out to the second exit by way of Planning Area 1. Portions of this street will be altered from standard details to allow for a parallel drainage ditch to direct water away from the development. The local streets will transition to residential streets which will run throughout the neighborhoods, only switching back to a local -street near the large detainment pond to allow for on street parking. The alley ways will be transitions from residential streets to allow access to the rear of lots in Planning Area 2 as well as some lots in Planning Area 4. 3. Parking Standards: Each house/lot will have a driveway and single or two -car garage allowing cars to park off the street. A variation to the local street section has been requested for on street parking within the development around the larger of the two detention ponds and near Planning Area 4. There will be a transition from a residential street to an altered local street to provide traffic calming measures along the non -conforming block length and then back to a residential street. This will also provide additional visitor parking along with access to the trail system and the open area surrounding the retention pond. Single-family homes will meet city standards for parking due to the limiting size of the existing access easement. An alternate to the local street section is proposed for the western access to allow for positive drainage away from the site. Secondary access to the residences in the northern section will be provided by a residential road connecting back to Dead Horse Mountain Road. 4. Perimeter Treatment: As previously mentioned, vegetative buffers will remain in place where utility easements are not required. Street and lot trees will be provided as required by the UDC. 5. Sidewalks: This development will construct both sidewalks and a multi -use trail to promote connectivity with the golf course and the adjacent neighborhoods. Public sidewalks will be constructed per City details. 6. Streetlights: Streetlights will be provided and installed as required by City Ordinance. 7. Water: The development will be serviced by the City of Fayetteville. Waterline size and location will be reviewed during the preliminary plat process for this project. 100 Ce Grafton Tull 8. Sewer: The development will be serviced by the City of Fayetteville. Sanitary sewer line size and location will be reviewed during the preliminary plat process for this project. 9. Streets and Drainage: An alternate residential street section and residential rear two-way alley section is being proposed with this development. The alternate residential street section will allow for on street parking adjacent to the open space surrounding the retention pond. It is similar to the City's "Urban Residential" section which includes on street parking and a 5' sidewalk. Please refer to the next page to view these sections. All other streets will be designed to meet the City's minimum street section standards. Storm drainage pipes and the retention pond will be sized to meet the requirements set forth in the City of Fayetteville Drainage Criteria Manual. CIL� Grafton Tull mi 0.yAy /oN '°% `s 2 m Wye, My - C g. i�'-� 01 Mull Ew HId •'Cv ate. gs �p o m w w ;_ ea"^� .,, _ � Z o 1 =N Q gage Roem EZ "J H 4I I I I I I I I I I I I I 4 I I €.0 kb Gm 8 Q 3 s 0 Mgt 90, w s nx-do->.wta i 'k o a o g �� 1, xrn-io-iw�a � Arn-io-iw�a ZO U m � w Z <uH o - - ;CS) O HIM Y qS Z WQ 30 � �bo W Q W Q i = g a l r w 6/,VIF� � � Arn-ao-iwta ? o � N� J 2 z J N H Q wZ J N 3Wl`d0ad 8 « 1N 10.Construction of Nonresidential Facilities: There are no nonresidential facilities being proposed with this development. 11.Tree Preservation: Exact tree preservation numbers will not be known until the development is approved by the City. The development will comply with the standards set forth in UDC Chapter 167 for Tree Preservation and Protection. 12.Architectural Design Standards: The development will meet UDC 166.23 urban residential design standards. 13. Proposed Signage: All signage will comply with UDC Chapter 174 Signs for single family residential property and/or the appropriate use unit. 14. View Protection: The development will be constructed in agricultural pasture land adjacent to the golf course. Building height maximum requirements will be no greater than the requirements of the current zoning. Views from adjacent neighborhoods will not be impacted any more than they would with the current RSF-4 zoning. 15. Covenants, Trusts, and Homeowner Associations: A POA will be established and covenants will be drafted and recorded upon completion of the development. 10 We feel that this development meets both the intent and purpose of the Planned Zoning District. Code Section 161.35.B for Planned Zoning Districts states that the City Council may consider certain factors while reviewing a PZD application. Below are how we address each of the specific factors. Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. o This PZD allows us to develop the property at a higher density with more flexibility in lot widths and building setbacks to construct a community that will provide a multitude of housing size and type and be an asset to the adjacent established neighborhoods. • Compatibility. Providing for compatibility with the surrounding land uses. o This development is compatible with the surrounding land uses. Nearby neighborhoods are zoned RSF-4 and the resulting density of the request is 3.5 units per acre. CIL� Grafton Tull Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. o This PZD gives us the creativity to orient the streets and alleys in a way that will better suit the layout of the site. It also allows us to provide features like the trail that will be accessible to adjacent neighborhoods, giving residents access to the City of Fayetteville's extensive trail network once development has occurred to the west, connecting the existing trail to the neighborhood trail. Several open areas containing natural features and tree canopy have been set aside for enjoyment of residents as well. Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. o This PZD will allow us to provide a diverse style of homes and community not currently available in this area along with a business/commercial aspect to provide opportunities for goods and/or services within the community. No Negative Impact. Does not have a negative effect upon the future development of the area. o This development will have no negative impact on future development of the area, and it contains multiple future connection points through multiple stub - outs with trail access. Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. o Throughout the pre -application process, we have coordinated with City of Fayetteville officials in regards to Planning, Engineering, Urban Forestry and Parks. There will be continued coordination throughout the approval process to ensure all ideas are heard and regulations are met. Open Space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. o This residential PZD will utilize open space in several locations. There are three unbuildable detention lots totaling 3.50 acres that also includes surrounding open space. There are three additional open spaces totaling 1.35 acres that include access to natural features and existing tree canopy. All of this space combined totals 4.85 acres. • Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities. o Several acres of land has been designated as open space in areas that include existing and proposed natural features and tree canopy. Approximately 4.85 acres of open space, including retention pond areas, is CIL� Grafton Tull proposed as open space. The grading of the will be planned to provide as minimal impact to existing natural features as possible. Future Land Use Plan. Comprehensive and innovative planning and design of mixed used yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. o The future land use plan map shows this area as a rural residential area. We are proposing to construct a single-family residential neighborhood with several open areas that will be preserved within the development. Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. o The site has been designed with all of these in mind. Topography, shape and the size of the property played a role in how both streets and utilities were laid out. The size and shape of the retention ponds create accessibility for recreation while effectively managing the runoff of the development. Additionally, an existing pond and several pockets of open space with tree canopy or existing natural features have been designated as open space. • Recognized Zoning Consideration. Whether any other recognized zoning consideration would be violated in this PZD. o No other recognized zoning consideration will be violated in this PZD. CIL� Grafton Tull Ctfl) Grafton Tull '>n'asonasuuw�.mv mW v,S "_w° •' �EG9L9—VCe6 n9'Cuod . b% L s /.N3N d0 Ulvdo�,oMeo srvrvi;N00r.s'uwiio aw ja F SaeN/u3Y ra 'OK1 6AUS �NOSUSCK �'•'d'c' -- — n _ i �Inl _ ,g • IN 11 4 IN ppa;4 4 [pj' j1�1 4 !I! jp!6 y 1f ' 4s as .pt f i 11 pP f vl�g'�Fgp Oil P '�" --�.� ! � ` ,.,,.. - - \ C il'}� i19 FpF°e FI•.4 P .4{ Fos F F ��ip I.jF , jF f°gvl`4,` P�f6j•I g g1 �c 4 jll a 4sl{15 ^. s a< i Il es°4 4! pFIg9.4sF 4PF4gjg:'g4 gF9p +: "� {� , a lib !jl ',` - 4 i S� ! F "c��EijFs44SF1Sg s.l s 1F p •.e'4� ! I F a . !P v � is {g°sg oiti F P6F€4ljjlij`�➢FF4j E C 1 _ 'j14 w 'sgj s{ Sagq - � - g�ggl S1�4iy�jj:419-jCje:4 ! 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' Recreational n � V _ Agricultural Neighborhood Link FEMA Flood Hazard Data ■ ■ Planned Residential Link 100-Year Floodplain -- Shared -Use Paved Trail Feet Floodway Trail (Proposed) Fayetteville City Limits 0 180 360 720 1,080 1,440 1 inch = 500 feet Planning Area Planning Co m 2, ssion 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 50 of 51 PZD-2021-000003 Future Land Use Meadows at Stonebridge SD AVE Tz RIDGE-ST- ---------- - - - - - - Neighborhood Link ■ i Planned Residential Link — — — - Shared -Use Paved Trail - - Trail (Proposed) Fayetteville City Limits ' Planning Area Feet 0 220 440 880 1,320 1 inch = 600 feet \' W117, , Residential Neighborhood City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,760 Residential Neighborhood L Rural Residential Urban Center p,­;„ r, ssion 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 51 of 51 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0267 Agenda Date: 4/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.2 ADM-2021-028: (3275 N. OAKLAND ZION RD./PIEPENBROK): A RESOLUTION TO AMEND THE MASTER STREET PLAN BY REMOVING A SECTION OF A PLANNED NEIGHBORHOOD LINK CONNECTION ALONG NORTH OAKLAND ZION ROAD AND UPGRADING A SECTION OF EAST BRIDGEWATER LANE FROM A RESIDENTIAL LINK STREET TO A NEIGHBORHOOD LINK STREET WHEREAS, the owner of the property located at 3275 North Oakland Zion Road has requested an amendment to the Master Street Plan to remove a 430 foot section of planned Neighborhood Link Connection that bisects her property; and WHEREAS, the Planning Commission, City staff, and the City Council Transportation Committee have recommended removing the entire approximately 1,500 foot section of planned Neighborhood Link Connection along North Oakland Zion Road and upgrading a section of East Bridgewater Lane between its two intersection points with North Oakland Zion Road from a Residential Link Street to a Neighborhood Link Street. 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 amends the Master Street Plan by removing an approximately 1,500 foot section of a planned Neighborhood Link Connection along North Oakland Zion Road as shown in Exhibit A to the Planning Division's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the Master Street Plan by upgrading the section of East Bridgewater Lane between the two intersection points with North Oakland Zion Road from a Residential Link Street to a Neighborhood Link Street as shown in Exhibit A to the Planning Division's agenda memo. City of Fayetteville, Arkansas Page 1 Printed on 41812021 City of Fayetteville Staff Review Form 2021-0267 Legistar File ID 4/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/2/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: ADM-2021-000028: Administrative Item (3275 N. OAKLAND ZION RD./PIEPENBROK, 218): Submitted by KIM PIEPENBROK for property located at 3275 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 4.80 acres. The request is an amendment to the Master Street Plan. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 20, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 2, 2021 CITY COUNCIL MEMO SUBJECT: ADM-2021-000028: Administrative Item (3275 N. OAKLAND ZION RD./PIEPENBROK, 218): Submitted by KIM PIEPENBROK for property located at 3275 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 4.80 acres. The request is an amendment to the Master Street Plan. RECOMMENDATION: Transportation Committee, Planning Commission, and City staff recommend approval of a request to remove a planned Neighborhood Link Connection from the 2040 Master Street Plan as depicted in Exhibits `A' and `B'. BACKGROUND: The subject property is east of the city limits in Washington County, within the Fayetteville Planning Area. The property is 4.8 acres and is developed with one single-family dwelling constructed in 1987. The property owner intends to subdivide the property to sell the rear portion of the lot through an administrative lot split (LSP-2020-000038). A lot split was previously approved in 2019 on this property, but was never recorded. Plats are typically required to indicate future Master Street Plan connections, though right-of-way dedication to meet those planned connections is not always required depending on the rough proportionality of the proposal. In this recent resubmission, staff asked the applicant to show the planned connection, but no right-of- way dedication is required in association with the proposal. Request: The applicant requests to have the proposed 2040 Master Street Plan Neighborhood Link Street that bisects 3275 N. Oakland Zion Road in a north/south direction, approximately 430 linear feet, removed from the subject property. Staff Findings: Staff is in support of this proposal, and further recommends to remove the entire connection, approximately 1500 linear feet of proposed roadway. The portion in question was originally adopted in 2007, and was intended to realign the intersection of N. Oakland Zion Road, a Neighborhood Link Street, and E. Bridgewater Lane, a Residential Link Street. Both are currently County right-of-way, though given their location within the Fayetteville Planning Area, have the potential to become City right-of-way in the future. Given the property's current location within Washington County, and lack of immediate adjacency to the City limits, staff does not Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 foresee any City -initiated, near -term realignment of this portion of road. Further, given the current surrounding land uses of low -density, single-family residential and agricultural, and that future development in the area would be subject to Washington County zoning standards, staff does not find that further development along this proposed corridor would meet the rough proportionality or rational nexus required for a developer to construct the proposed street section. For instance, while recent development to the north of 3275 N. Oakland Zion Road was aligned to accommodate this planned connection, no right-of-way was dedicated with the associated development since it did not meet the rough proportionality standard. Average daily traffic counts along the existing segment of N. Oakland Zion Road were not readily available. DISCUSSION: At the March 8, 2021 Planning Commission meeting, Commissioners voted to forward the request to the Transportation Committee for consideration with a vote of 7-1-0. Commissioner Hoffman offered the dissenting vote. Commissioners recommended in favor of all conditions as indicated by staff, and further added a condition that the portion of E. Bridgewater Lane between the two intersection points of N. Oakland Zion Road be upgraded from a Residential Link Street to a Neighborhood Link Street. Commissioner Hoffman, the dissenting vote, felt that the connection should stay as is to help meet north/south connectivity concerns from a regional and long-term perspective. Prior to the public hearing, staff received a phone call from a neighbor to the north of 3275 N. Oakland Zion Road, who was in opposition to the request, but no other public comment was heard at the meeting. At the March 30, 2021 Transportation Committee meeting, members voted unanimously to forward the item to City Council with a recommendation of approval, with a vote of 3-0-0. The motion was made by Councilwoman Bunch, with a second from Councilwoman Hertzberg. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report ADM-2021-000028 Piepenbrok Close Up View 00 z� Q Y z ON _ BRIUUMATER LN r Ill 1 z z O N 0 Subject Property z Q Y ` O O.q/� 0 -o ■ ■ NORTH Neighborhood Link Feet Planned Neighborhood Link ■ ■ Planned Residential Link 0 112.5 225 450 675 900 Planning Area 1 inch = 300 feet ADM-2021-000028 Close Up View EXHIBIT PROPOSED CHANGE Neighborhood Link Planned Neighborhood Link ■ ■ Planned Residential Link �- - -� Planning Area Piepenbrok oRIDGEWATER LN Feet 0 112.5 225 450 675 1 inch = 300 feet 0 z O N 0 z a J Q O M-2021-000, EXHIBIT 'A' NORTH A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS LOCATED S02°42'00"W 665.71' FROM A FOUND 2" ALUMINUM MONUMENT MARKING THE NORTHEAST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING THENCE S02°42'00"W 302.11', THENCE N86°54'45"W 567.37' TO A FOUND %" REBAR, THENCE N44°54'17"W 447.22'TO A FOUND %" REBAR, THENCE S87°05'31"E 897.64' TO THE POINT OF BEGINNING, CONTAINING IN ALL 5.07 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager Josh Boccaccio, Staff Engineer MEETING DATE: March 8, 2021 Updated with PC hearing results from 3/8/2021 SUBJECT: ADM-2021-000028: Administrative Item (3275 N. OAKLAND ZION RD./PIEPENBROK, 218): Submitted by KIM PIEPENBROK for property located at 3275 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 4.80 acres. The request is an amendment to the Master Street Plan. RECOMMENDATION: Staff recommends forwarding ADM-2021-000028 to the Transportation Committee with a recommendation of approval, with conditions. RECOMMENDED MOTION: "I move to forward ADM-2021-000028 to the Transportation Committee with a recommendation of approval, with conditions." BACKGROUND: The subject property is east of the city limits in Washington County, within the Fayetteville Planning Area. The property is 4.8 acres and is developed with one single-family dwelling constructed in 1987. The property owner intends to subdivide the property to sell the rear portion of the lot through an administrative lot split (LSP-2020-000038). A lot split was previously approved in 2019 on this property, but was never recorded. Plats are typically required to indicate future Master Street Plan connections, though right-of-way dedication to meet those planned connections is not always required depending on the rough proportionality of the proposal. In this recent resubmission, staff asked the applicant to show the planned connection, but no right-of- way dedication is required in association with the proposal. The surrounding land use and zoning is depicted on Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped/Single-Family Residential Washington County; A/SF Res I Unit per Acre South Single -Family Residential Washington County; A/SF Res I Unit per Acre West Undeveloped/Single-Family Residential Washington County; A/SF Res I Unit per Acre East Single -Family Residential/Agricultural Washington County; A/SF Res I Unit per Acre Proposal: The applicant requests to have the proposed 2040 Master Street Plan Neighborhood Link Street that bisects 3275 N. Oakland Zion Road in a north/south direction, approximately 430 linear feet, removed from the subject property. DISCUSSION: Staff supports the applicant's request to remove the proposed 2040 Master Street Plan Planning Commission March 8, 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 1 of 12 Neighborhood Link Street from 3275 N Oakland Zion Road, and would further recommend to remove the entire connection, approximately 1500 linear feet of proposed roadway. The portion in question was originally adopted in 2007, and was intended to realign the intersection of N. Oakland Zion Road, a Neighborhood Link Street, and E. Bridgewater Lane, a Residential Link Street. Both are currently County right-of-way, though given their location within the Fayetteville Planning Area, have the potential to become City right-of-way in the future. Given the property's current location within Washington County, and lack of immediate adjacency to the City limits, staff does not foresee any City -initiated, near -term realignment of this portion of road. Further, given the current surrounding land uses of low -density, single-family residential and agricultural, and that future development in the area would be subject to Washington County zoning standards, staff does not find that further development along this proposed corridor would meet the rough proportionality or rational nexus required for a developer to construct the proposed street section. For instance, while recent development to the north of 3275 N. Oakland Zion Road was aligned to accommodate this planned connection, no right-of-way was dedicated with the associated development since it did not meet the rough proportionality standard. Average daily traffic counts along the existing segment of N. Oakland Zion Road were not readily available. Public Comment: Staff received a phone call from a property owner to the north of 3275 N Oakland Zion Road expressing concerns with the request and was in opposition to the proposal. RECOMMENDATION: Staff recommends forwarding ADM-2021-000028 to City Council, with the following conditions. 1. Removal of the entire proposed Neighborhood Link Street connection, approximately 1500 linear feet; 2. Approval of the removal of this planned Master Street Plan connection does not reflect approval of associated lot split or other planned development; associated lot split must be resubmitted addressing any and all other outstanding comments from staff. PLANNING COMMISSION ACTION: Required YES X❑ FORWARDED Date: March 8, 2021 O Tabled O Approved O Denied Forwarded to Transportation Committee with the following Motion: Winston conditions (Second: Brown -All conditions as recommended by staff -Bridgewater Lane be classified as a Neighborhood Link Vote: 7-1-0 Street between to the points of Oakland Zion Road. BUDGET/STAFF IMPACT: None Attachments: • Engineering Memo Applicant Request Letter Applicant Proposed Lot Split • 2030 Master Street Plan Exhibit • 2040 Master Street Plan Exhibit • One Mile Map Planning Commission March 8, 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 2 of 12 Close-up Map Current Land Use Map Planning Commission March 8, 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 3 of 12 CITY OF . FAYETTEVILLE ARKANSAS TO: Jessie Masters, Development Review Manager FROM: Josh Boccaccio, Staff Engineer DATE: March 2, 2021 SUBJECT: Planning Commission Engineering Comments for ADM 2021-000028 STAFF MEMO Recommendation: Engineering supports the applicant's request to remove the Master Street Plan (MSP) from 3275 N Oakland Zion Rd. Background: The subject section of the Master Street Plan was a carryover from the original Master Street Plan adopted in 2007 and was intended to be a portion of the realignment of the intersection of N Oakland Zion Rd, a Neighborhood Link, and E Bridgewater Ln, a Residential Link. Discussion: The City does not intend to construct this section of the MSP in the near future as the location of the road is located entirely outside the corporate city limits. It is unlikely development along this corridor will meet the rational nexus and rough proportionality requiring a developer to construct the street section. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetgAAfli@gkission Marc 8, 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 4 of 12 Masters, Jessica From: Kim Piepenbrok <pieps@cox.net> Sent: Monday, February 8, 2021 8:36 AM To: Masters, Jessica Subject: Letter for City Council and Planning Commission Attachments: Tract Split with Proposed Road 2030-40.pdf Follow Up Flag: Follow up Flag Status: Completed 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. Dear Ms Masters - Attached below is my request to the City Council & Planning Commission to remove the proposed road from my survey and the certificate of ownership and dedication. Also, attached is a mocked up version of the proposed road on the existing survey I had done in 2019 and a copy of the City Master Plan 2030-2040 showing this future proposal drawn in red. I included the letter they approved in 2019 which did not require the proposed road drawn on the survey. If you can forward this information to the appropriate people for their consideration I would be forever grateful. If I'm overstepping my boundaries, please forgive me and if you have an address to forward this information, I would be more than happy to send myself. Dear Fayetteville City Council and Planning Commission, I'm writing you today regarding the proposed road being shown on the Master Planning Calendar for 2030-2040 that is cutting directly through my property at 3275 Oakland Zion Road (72703). While I would ultimately love to see it removed from the plan in general, my main request is to simply have it and the certificate of ownership and dedication removed from the current property survey I need completed. When I had previously requested this survey in March 2019, the proposed road did not have to be included on the survey. Now I am being forced by the Planning Commission to include said proposed road on the survey, which is greatly and adversely affecting my ability to sell the property. To recap, I am kindly requesting that City Council and the Planning Commission simply grant me an updated survey without the proposed road and the certificate of ownership and dedication. My property is located outside of city limits, although within the future planning zone and this road isn't even proposed until sometime between 2030 and 2040, if ever even. Out of my 5-acre property, I have the back 2.8 acres for sale. It is difficult for me to admit that my reason for selling the property is due to financial hardship incurred by the loss of my husband and being reduced to one income, with the added burden of taking care of my senior mother, but I am very grateful to currently be under contract with new buyers. This is my second attempt to sell the property. Unfortunately, the first contract was cancelled last month with one week to go before closing because the buyers didn't want to move forward due to having the proposed road drawn on the survey. They were well aware that this could potentially be a future project, but they thought it was too aggressive Planning Commission March 8, 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 5 of 12 for the Planning Commission to request that it be drawn on the survey. They terminated our $235K contract one week before closing, and that was a devastating blow to my family. As I mentioned, I now have new buyers under contract and will have to submit a survey for the tract split approval with City Planning and do not want to have the proposed road on the survey. As mentioned, I am selling these back 2.8 acres due to financial hardship, and this proposed road being placed on the survey is greatly interfering with the right to sell my property and potentially devaluing the appraisal value. The new buyers have seen the Sellers Property Disclosure and have checked the public information on the future proposed City Maps 2030-2040. They are still willing to move forward but also do not want that proposed road drawn on the survey. I am humbly asking for your help, understanding, and compassion with this situation. I need to sell my property and have multiple buyer's interested, but by putting that proposed road on the survey (even though it may or may not happen in the future), it is causing a negative input and great stress on my family (residents of Fayetteville for 20+ years now). Thank you again for your time and attention to my situation. My family and I are praying for good news and look forward to a favorable decision. 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FORM BASED DISTRICTS - RSF-2 Downtown Care Planned Neighborhood Link g RSF-° MUma .ClgMare RSF-] Main — Center RSF-8 Downtown Gener9 ■ Planned Residential Link RDEN Noigh nRy S—, RESIDENTIAL MULTI -FAMILY NeigM1bamooe servaea R 6 1111111 Neighbomooe Conaervaeon Fayetteville City Limits r ----1 : RMF-,2 PLANNED ZONING DISTRICTS �RMF-,a Planning Area - =- �Cemma al,Ineuamal,Reaien„a, �WF20 NSTITUTIONAL Planning Area - Fayetteville City Limits RMF-°o "DUSHResryOammedalaneLight lneusNal Planning Co ---- ssion 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 10 of 12 Neighborhood Link Feet Planned Neighborhood Link ■ ■ Planned Residential Link 0 112.5 225 450 675 900 '--- Planning Area 1 inch = 300 feet MM ...,...NORTH Planning Co mission 8, 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 11 of 12 ADM-2021-000028 Piepenbrok Current Land Use I L J Undeveloped `rkr f NORTH r �+ w a V .4. ; Single -Family Residential G N Subject Property Z Single -Family J Residential/ Y Agricultural 0 _ Single -Family Residential - 9 Y �. F7 i.rub A. y FEMA Flood Hazard Data 1o0-Year Floodplain Feet Floodway Neighborhood Link 0 75 150 300 450 600 Planned Neighborhood Link �_ _ _� 1 inch = 200 feet Planning Area Planning JCm 8. ssion 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 12 of 12