HomeMy WebLinkAbout48-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 48-23
File Number: 2023-401
APPEAL CUP 2022-0129: CONDITIONAL USE PERMIT (215 W. LAFAYETTE ST/BAXTER):
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS D'ANDRE JONES, HOLLY
HERTZBERG, AND SCOTT BERNA AND APPROVE CONDITIONAL USE PERMIT CUP 2022-0129 FOR A
SHORT-TERM RENTAL AT 215 WEST LAFAYETTE STREET
WHEREAS, on January 23, 2023, the Planning Commission denied the application for Conditional Use Permit CUP
2022-0129, to allow a Short -Term Rental at 215 West Lafayette Street; and
WHEREAS, Council Members D'Andre Jones, Holly Hertzberg, and Scott Berna have properly appealed the decision
of the Planning Commission pursuant to § I55.05(A)(3) of the Unified Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of Council Members
D'Andre Jones, Holly Hertzberg and Scott Bema and approves Conditional Use Permit CUP 2022-0129 for a Short -
Term Rental at 215 West Lafayette Street.
Section 2: Approval of the conditional use permit is subject to the following conditions, which must be accomplished
by the owner/applicant/developer prior to receiving any certificate of occupation. The City Council has determined the
compatibility of the conditional use permit for the proposed project based upon the owner/applicant's satisfactory
accomplishment of all of the following requirements:
1. Pursuant to § 166.20 Expiration of Approved Plans and Permits of the Unified Development Code, a
business license must be obtained within 1 year of conditional use permit approval.
2. The number of occupants is limited to a maximum of two people per bedroom, plus two, for the entire unit
when the property is operated as a short-term rental.
3. Special events including, but not limited to, weddings, receptions, anniversaries, private parties, fundraisers
and business seminars are prohibited from occurring in the short-term rental.
4. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling
may be used as a short-term rental.
5. All trash receptacles shall be screened from view of the right-of-way.
6. All outdoor lighting shall meet requirements as outlined in Chapter 176 Outdoor Lighting of the Unified
Development Code.
7. Any signage shall meet the requirements as outlined in Chapter 174 Signage of the Unified Development
Code.
Page 1
Resolution: 48-23
File Number.' 2023-401
PASSED and APPROVED on February 21, 2023
Page 2
Attest: ',.X011I I Fj I fit/,.
Kara Paxton, City ler easurer ��; FnY 1 TFv/1
:J�'• nib- r., .'�
GrO N it►011'11�
CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 21, 2023
TO: Mayor Jordan and City Council
THRU: Jessica Masters, Development Review Manager
Jonathan Curth, Development Services Director
Susan Norton, Chief of Staff
FROM: Ryan Umberger, Senior Planner
DATE:
CITY COUNCIL MEMO
2023-401
SUBJECT: Appeal: CUP-2022-0129: Conditional Use Permit (215 W. LAFAYETTE ST/BAXTER,
484): Submitted by JAMES BAXTER, for property located at 215 W. LAFAYETTE ST in
WARD 2. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.09 acres. The request is to use the residence as a short-term rental.
RECOMMENDATION:
City staff recommends approval and the Planning Commission recommends denial of a request for a
conditional use permit for a short-term rental as described and shown below.
BACKGROUND:
The subject property is on the south side of W. Lafayette Street, at the southeast corner of its intersection with
N. Rollston Avenue. The property contains one parcel totaling 0.09 acres and is currently developed with a
two -bedroom, single-family dwelling which was built in 1941. The property is in the Downtown Design Overlay
district and the Downtown Master Plan area. On April 20, 2021, City Council adopted an ordinance to regulate
short-term rentals operating within its limits. On December 20, 2022, City Council amended the ordinance to
enact new requirements for short-term rentals. This report reflects those new changes for consideration.
Request: The applicant requests conditional use permit approval to use the property as a Type 2 short-term
rental, which are those not occupied by a permanent resident. Type 2 short-term rentals are subject to density
limitations, including a 2% citywide cap, and restrictions on the number of units that may be used as a short-
term rental in multi -family dwelling complexes.
Findings: Staff finds that granting the requested conditional use is unlikely to negatively impact the public
interest. Minimal disruptions are expected for neighbors due to applicable business licensing requirements
including a required building safety inspection, and applicable density caps limiting the maximum number of
guests to six. Two off-street spaces are available in the existing driveway. On -street parking is also available
along both N. Rollston Avenue and W. Lafayette Avenue. Tags can be purchased through the Parking
Management Department. The property is located in downtown Fayetteville where on -street parking is
common with many residential and commercial properties in the vicinity lacking driveways or parking lots.
Within '/4 mile of the property city business license records indicate there are 22 Type 2 rental business
licenses. Given the relatively dense development pattern staff finds that the abundance of Type 2 short-term
rentals in the area can largely be attributed to the property's proximity to downtown and does not constitute a
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
risk towards disrupting the character of the neighborhood. There are no active or prior zoning code violations at
the subject address.
Public Comment: Staff received no public comment on the request.
DISCUSSION:
At the January 23, 2023, Planning Commission meeting a vote to approve this request failed with a vote of 4-4-
0. Conditional use permits require five affirmative votes to pass. Commissioner Brink made the motion with a
second from Commissioner Sparkman. Commissioner Madden suggested there is an excess of Type 2 short-
term rentals nearby which represents a compatibility issue. She also expressed concerns about vehicle
maneuvering onto W. Lafayette Street. Commissioner McGetrick was also worried about the number of short-
term rentals in the vicinity. Commissioner Garlock feared approval of the conditional use permit may turn the
neighborhood into a short-term rental, party neighborhood and felt the on -site parking was not adequate.
Commissioners Holcomb, Brink, Winston, and Sparkman voted to approve the conditional use permit; Garlock,
Madden, McGetrick, and Johnson voted to deny. No members of the public spoke at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: Baxter Appeal Letter with Council Member Sponsors, Exhibit A, Planning Commission Staff
Report
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-401
Appeal: CUP-2022-0129: Conditional Use Permit (215 W. LAFAYETTE STBAXTER,
484): Submitted by JAMES BAXTER, for property located at 215 W. LAFAYETTE ST in
WARD 2. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.09 acres. The request is to use the residence as a short-term rental.
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS D'ANDRE JONES, HOLLY
HERTZBERG, AND SCOTT BERNA AND APPROVE CONDITIONAL USE PERMIT CUP 2022-
0129 FOR A SHORT-TERM RENTAL AT 215 WEST LAFAYETTE STREET
WHEREAS, on January 23, 2023, the Planning Commission denied the application for Conditional Use
Permit CUP 2022-0129, to allow a Short -Term Rental at 215 West Lafayette Street; and
WHEREAS, Council Members D'Andre Jones, Holly Hertzberg, and Scott Berna have properly
appealed the decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified
Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of
Council Members D'Andre Jones, Holly Hertzberg and Scott Berna and approves Conditional Use
Permit CUP 2022-0129 for a Short -Term Rental at 215 West Lafayette Street.
Section 2: Approval of the conditional use permit is subject to the following conditions, which must be
accomplished by the owner/applicant/developer prior to receiving any certificate of occupation. The
City Council has determined the compatibility of the conditional use permit for the proposed project
based upon the owner/applicant's satisfactory accomplishment of all of the following requirements:
1. Pursuant to § 166.20 Expiration of Approved Plans and Permits of the Unified Development
Code, a business license must be obtained within 1 year of conditional use permit approval.
2. The number of occupants is limited to a maximum of two people per bedroom, plus two, for the
entire unit when the property is operated as a short-term rental.
3. Special events including, but not limited to, weddings, receptions, anniversaries, private parties,
fundraisers and business seminars are prohibited from occurring in the short-term rental.
4. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential
dwelling may be used as a short-term rental.
5. All trash receptacles shall be screened from view of the right-of-way.
6. All outdoor lighting shall meet requirements as outlined in Chapter 176 Outdoor Lighting of the
Page 1
Resolution: 48-23
File Number: 2023-401
Unified Development Code.
Any signage shall meet the requirements as outlined in Chapter 174 Signage of the Unified
Development Code.
Page 2
Umberger, Ryan
To: Hertzberg, Holly; CityClerk; Berna, Scott; Bolinger, Bonnie; Pennington, Blake; Brown,
Chris; Bunch, Sarah; Curth, Jonathan; Harvey, Sonia; Batker, Jodi; Jones, D'Andre;
Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Jordan, Lioneld; Mathis, Jeana; Moore,
Sarah; Paxton, Kara; Mulford, Patti; Ramirez, Jonathan; Rea, Christine; Norton, Susan;
Spohn, Courtney; Thurber, Lisa; Turk, Teresa; Wiederkehr, Mike
Cc: james.baxter@baxterlawpllc.com; Masters, Jessica
Subject: RE: Appeal of Denial of Conditional Use Permit
From: James Baxter<james.baxter@baxterlawpllc.com>
Sent: Wednesday, January 25, 2023 7:56 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Appeal of Denial of Conditional Use Permit
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. Paxton,
I'm writing to ask that three city council members appeal the Planning Commission's tie vote decision that
rejected our conditional use permit (CUP-2022-0129) to the full City Council pursuant to Section 155.05 of the Unified
Development Code. In sum, the Planning Commission vote was against the recommendation of City staff, against the
standards that are supposed to be evaluated, and importantly, it was made without any public opposition to the request.
Under Section 155.05 of the Unified Development Code, three council members may appeal the denial to the full City
Council.
However, there are a couple of things that are not detailed in Mr. Umberger's report that are also highly relevant.
Our property, 215 W. Lafayette St., was used as a short-term rental for numerous years by the previous owners, Gary and
Denise Anderson. In fact, it was operated as a short-term rental until December 2, 2022, when we purchased the home.
And as detailed in Mr. Umberger's report, there have never been any issues with the home. This is the best evidence
possible that the home is compatible to be a short-term rental. And, since we purchased the home, we have actually taken
steps to make the home even more compatible by installing a six-foot privacy fence in the backyard.
Again, our request was rejected in a tie vote and there was no public opposition. The four members of the
Planning Commission who voted against our application voiced concerns that there simply were too many short-term
rentals in the downtown Fayetteville area. However, this concern misses the mark for numerous reasons. First, and most
importantly, the Council has set a density cap for the City relating to short-term rentals. Hence, the number of short-term
rentals is not a valid concern of the Planning Commission as that issue has been addressed by the Council with the density
cap. Even if one were to apply the current density cap to just properties in downtown Fayetteville, the current 22 Type 2
short term rentals would be less than 2% of the residences in downtown Fayetteville. Second, again, the property was
operated as a short-term rental until December 2, 2022. Hence, granting a conditional use permit is not really altering any
status quo —there will be the same number of short-term rentals in downtown Fayetteville as there was just one month
ago. Third, as Mr. Umberger noted in his report, downtown Fayetteville is quite dense and more short-term rentals should
be expected in this area. As he said "[g]iven the relatively dense development pattern staff finds that the abundance of
Type 2 short-term rentals in the area can largely be attributed to the property's proximity to downtown and does not
constitute a risk towards disrupting the character of the neighborhood." Certainly, the character of the neighborhood will
not be affected by a short-term rental as the property abuts an apartment complex, is across the street from another
short-term rental, and its direct neighbor to the East (only direct neighbor) only uses their property as a second home and
have no objection to our property being used as a short-term rental. And again, no member of the neighborhood or
community objected to our request.
Another thing that is not mentioned in Mr. Umberger's report is the fact that we currently possess two guest
parking passes in addition to our two -car driveway. Hence, parking is not an issue. And as the Council knows, there are
numerous short-term rentals in downtown Fayetteville without any off-street parking.
Simply put, we simply ask that the City Council follow the advice of the experts hired by the City and follow the
wisdom of experience of our property causing no issue as a short-term rental for many years, and approve our request for
which there has been no public opposition.
My wife and I were extremely fortunate to call Fayetteville home for 10 years. If it were not for both of us being
part of family businesses, we would still live there today. Once we moved, we knew that we wanted to have a second
home in Fayetteville, and we searched for one for over two years. We finally found the perfect place on Lafayette Street.
We purchased this home knowing it had been used as a short-term rental without issue and hence did not expect to have
any issues with us attempting to use it as a short-term rental. We very much want to still be a part of the Fayetteville
community and certainly would never do anything that was a determinant to Fayetteville. We bought this house so we
could be in Fayetteville more often, not to make money. We simply ask for the ability to use our home as it has been used
for many years.
If anyone has any questions or concerns, I can be reached on my cell phone at 501-249-1949 or by email to
james.baxter@baxterlawpllc.com.
James R. Baxter
Partner
The Baxter Law Firm, PLLC
126 N. Main Street
Benton, AR 72015
P: (501) 315-2971
NOTICE: This electronic mail transmission and any attachment may constitute an attorney -client
communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized
persons. If you have received this electronic mail transmission in error, please delete it from your system
without copying it, and notify the sender by reply e-mail or by calling (501) 315-2971, so that our contact list
can be corrected.
From: D"Andre Jones
To: Hertzbera, Hollv
Cc: Ci Clerk; Berna, Scott; Bolinger, Bonnie; Pennington, Blake; Brown, Chris; Bunch, Sarah; Curth, Jonathan;
Harvey, Sonia; Batker, Jodi; Jones, D"Andre; Johnson, Kimberly; Rogers, Kristin; Williams. Kit; Jordan, Lioneld;
Mathis. Jeana; Moore, Sarah; Paxton, Kara; Mulford. Patti; Ramirez, Jonathan; Rea, Christine; Norton, Susan;
Spohn, Courtney; Thurber, Lisa; Turk, Teresa; Wiederkehr, Mike; fames.baxter(abaxterlawpllc.com; Umberger,
Ryan; Masters, Jessica
Subject: Re: Appeal of Denial of Conditional Use Permit
Date: Thursday, January 26, 2023 4:35:37 PM
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 will support the appeal CU-2022-0129
Sent from my Whone
On Jan 26, 2023, at 3:44 PM, Hertzberg, Holly <holly.hertzberg@fayetteville-
ar.gov> wrote:
Good afternoon all,
I would be happy to support the appeals process for CUP-2022-0129.
Thank you,
Holly Hertzberg
City Council Member
Ward 4 Position 2
Fayetteville, AR 72701
holly. hertzberg@fayetteville-ar.gov
479.777.1758
From: CityClerk <cityclerk@fayetteville-ar.gov>
Sent: Thursday, January 26, 2023 1:03 PM
To: Berna, Scott <scott.berna@fayetteville-ar.gov>; Bolinger, Bonnie
<bbolinger@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-
ar.gov>, Brown, Chris <cbrown@fayetteville-ar.gov>; Bunch, Sarah
<sarah.bunch@fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov>; Curth,
Jonathan <jcurth@fayetteville-ar.gov>; Harvey, Sonia <sonia.harvey@fayetteville-
ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov>; Batker, Jodi
<jbatker@fayetteville-ar.gov>; Jones, D'Andre <dandre.jones@fayetteville-ar.gov>;
Johnson, Kimberly <kjohnson@fayetteville-ar.gov>; Rogers, Kristin
<krogers@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Jordan,
Lioneld <Ijordan@fayetteville-ar.gov>; Mathis, Jeana <jmath is@fayetteville-ar.gov>;
Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Paxton, Kara
<kapaxton@fayetteville-ar.gov>; Mulford, Patti <pmulford@fayetteville-ar.gov>;
Ramirez, Jonathan <jramirez@fayetteville-ar.gov>; Rea, Christine <crea@fayetteville-
ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov>; Spohn, Courtney
<ckelley@fayetteville-ar.gov>; Thurber, Lisa <Ithurber@fayetteville-ar.gov>; Turk,
Teresa <teresa.turk@fayetteville-ar.gov>; Wiederkehr, Mike
<mike.wiederkehr@fayetteville-ar.gov>
Cc: james.baxter@baxterlawpllc.com <james.baxter@baxterlawpllc.com>; Umberger,
Ryan <rumberger@fayetteville-ar.gov>; Masters, Jessica <jmasters @fayetteville-
a r.gov>
Subject: FW: Appeal of Denial of Conditional Use Permit
Hi All,
Please see the email below and attachment from Mr. James R. Baxter.
Thank you and have a nice day.
Xim Johnson, BsE, cmc, cAjwc
Senior Deputy City Clerk
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
koohnsona-fayetteville-ar.gov
479.575.8310
<image001.png>
From: James Baxter <james.baxter@baxterlawpllc.com>
Sent: Wednesday, January 25, 2023 7:56 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Appeal of Denial of Conditional Use Permit
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. Paxton,
I'm writing to ask that three city council members appeal the Planning
Commission's tie vote decision that rejected our conditional use permit (CUP-2022-
0129) to the full City Council pursuant to Section 155.05 of the Unified Development
Code. In sum, the Planning Commission vote was against the recommendation of City
staff, against the standards that are supposed to be evaluated, and importantly, it was
made without any public opposition to the request. Under Section 155.05 of the
Unified Development Code, three council members may appeal the denial to the full
City Council.
However, there are a couple of things that are not detailed in Mr. Umberger's
report that are also highly relevant. Our property, 215 W. Lafayette St., was used as a
short-term rental for numerous years by the previous owners, Gary and Denise
Anderson. In fact, it was operated as a short-term rental until December 2, 2022, when
we purchased the home. And as detailed in Mr. Umberger's report, there have never
been any issues with the home. This is the best evidence possible that the home is
compatible to be a short-term rental. And, since we purchased the home, we have
actually taken steps to make the home even more compatible by installing a six-foot
privacy fence in the backyard.
Again, our request was rejected in a tie vote and there was no public
opposition. The four members of the Planning Commission who voted against our
application voiced concerns that there simply were too many short-term rentals in the
downtown Fayetteville area. However, this concern misses the mark for numerous
reasons. First, and most importantly, the Council has set a density cap for the City
relating to short-term rentals. Hence, the number of short-term rentals is not a valid
concern of the Planning Commission as that issue has been addressed by the Council
with the density cap. Even if one were to apply the current density cap to just
properties in downtown Fayetteville, the current 22 Type 2 short term rentals would be
less than 2% of the residences in downtown Fayetteville. Second, again, the property
was operated as a short-term rental until December 2, 2022. Hence, granting a
conditional use permit is not really altering any status quo —there will be the same
number of short-term rentals in downtown Fayetteville as there was just one month
ago. Third, as Mr. Umberger noted in his report, downtown Fayetteville is quite dense
and more short-term rentals should be expected in this area. As he said "[g]iven the
relatively dense development pattern staff finds that the abundance of Type 2 short-
term rentals in the area can largely be attributed to the property's proximity to
downtown and does not constitute a risk towards disrupting the character of the
neighborhood." Certainly, the character of the neighborhood will not be affected by a
short-term rental as the property abuts an apartment complex, is across the street
from another short-term rental, and its direct neighbor to the East (only direct
neighbor) only uses their property as a second home and have no objection to our
property being used as a short-term rental. And again, no member of the
neighborhood or community objected to our request.
Another thing that is not mentioned in Mr. Umberger's report is the fact that
we currently possess two guest parking passes in addition to our two -car driveway.
Hence, parking is not an issue. And as the Council knows, there are numerous short-
term rentals in downtown Fayetteville without any off-street parking.
Simply put, we simply ask that the City Council follow the advice of the experts
hired by the City and follow the wisdom of experience of our property causing no issue
as a short-term rental for many years, and approve our request for which there has
been no public opposition.
My wife and I were extremely fortunate to call Fayetteville home for 10 years.
If it were not for both of us being part of family businesses, we would still live there
today. Once we moved, we knew that we wanted to have a second home in
Fayetteville, and we searched for one for over two years. We finally found the perfect
place on Lafayette Street. We purchased this home knowing it had been used as a
short-term rental without issue and hence did not expect to have any issues with us
attempting to use it as a short-term rental. We very much want to still be a part of the
Fayetteville community and certainly would never do anything that was a determinant
to Fayetteville. We bought this house so we could be in Fayetteville more often, not to
make money. We simply ask for the ability to use our home as it has been used for
many years.
If anyone has any questions or concerns, I can be reached on my cell phone at
501-249-1949 or by email to iames.baxter(@baxterlawpllc.com.
James R. Baxter
Partner
The Baxter Law Firm, PLLC
126 N. Main Street
Benton, AR 72015
P: (501) 315-2971
NOTICE: This electronic mail transmission and any attachment may constitute
an attorney -client communication that is privileged at law. It is not intended
for transmission to, or receipt by, any unauthorized persons. If you have
received this electronic mail transmission in error, please delete it from your
system without copying it, and notify the sender by reply e-mail or by calling
(501) 315-2971, so that our contact list can be corrected.
From: Hertzberg, Holly
To: Ci Clerk; Berna, Scott; Bolinger, Bonnie; Pennington, Blake; Brown, Chris; Bunch, Sarah; Curth, Jonathan;
Harvey, Sonia; Batker, Jodi; Jones, D"Andre; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Jordan, Lioneld;
Mathis. Jeana; Moore, Sarah; Paxton, Kara; Mulford. Patti; Ramirez, Jonathan; Rea, Christine; Norton. Susan;
Soohn, Courtney; Thurber, Lisa; Turk, Teresa; Wiederkehr, Mike
Cc: fames.baxterCabbaxterlawpllc.com; Umberger, Ryan; Masters, Jessica
Subject: Re: Appeal of Denial of Conditional Use Permit
Date: Thursday, January 26, 2023 3:44:10 PM
Attachments: imaae001.pnna
Good afternoon all,
I would be happy to support the appeals process for CUP-2022-0129.
Thank you,
Holly Hertzberg
City Council Member
Ward 4 Position 2
Fayetteville, AR 72701
holly. hertzberg@fayetteville-ar.gov
479.777.1758
From: CityClerk <cityclerk@fayetteville-ar.gov>
Sent: Thursday, January 26, 2023 1:03 PM
To: Berna, Scott <scott.berna@fayetteville-ar.gov>; Bolinger, Bonnie <bbolinger@fayetteville-
ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>; Brown, Chris <cbrown@fayetteville-
ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov>;
Curth, Jonathan <jcurth@fayetteville-ar.gov>; Harvey, Sonia <sonia.harvey@fayetteville-ar.gov>;
Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov>; Batker, Jodi <jbatker@fayetteville-ar.gov>;
Jones, D'Andre <dandre.jones@fayetteville-ar.gov>; Johnson, Kimberly <kjohnson@fayetteville-
ar.gov>; Rogers, Kristin <krogers@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>;
Jordan, Lioneld <Ijordan@fayetteville-ar.gov>; Mathis, Jeana <jmathis@fayetteville-ar.gov>; Moore,
Sarah <sarah.moore@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov>; Mulford,
Patti <pmulford@fayetteville-ar.gov>; Ramirez, Jonathan <jramirez@fayetteville-ar.gov>; Rea,
Christine <crea@fayetteville-ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov>; Spohn,
Courtney <ckelley@fayetteville-ar.gov>; Thurber, Lisa <Ithurber@fayetteville-ar.gov>; Turk, Teresa
<teresa.turk@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>
Cc: james.baxter@baxterlawpllc.com <james.baxter@baxterlawpllc.com>; Umberger, Ryan
<rumberger@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: FW: Appeal of Denial of Conditional Use Permit
Hi All,
Please see the email below and attachment from Mr. James R. Baxter.
Thank you and have a nice day.
Xim Johnson, BsE, cmc, ca,wc
Senior Deputy City Clerk
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
kjoh nson&fayetteville-ar.gov
479.575.8310
CITY OF
FAYETTEVILLE
ARKANSAS
From: James Baxter <james.baxter@baxterlawpllc.com>
Sent: Wednesday, January 25, 2023 7:56 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Appeal of Denial of Conditional Use Permit
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. Paxton,
I'm writing to ask that three city council members appeal the Planning Commission's tie
vote decision that rejected our conditional use permit (CUP-2022-0129) to the full City Council
pursuant to Section 155.05 of the Unified Development Code. In sum, the Planning Commission vote
was against the recommendation of City staff, against the standards that are supposed to be
evaluated, and importantly, it was made without any public opposition to the request. Under Section
155.05 of the Unified Development Code, three council members may appeal the denial to the full
City Council.
However, there are a couple of things that are not detailed in Mr. Umberger's report that
are also highly relevant. Our property, 215 W. Lafayette St., was used as a short-term rental for
numerous years by the previous owners, Gary and Denise Anderson. In fact, it was operated as a
short-term rental until December 2, 2022, when we purchased the home. And as detailed in Mr.
Umberger's report, there have never been any issues with the home. This is the best evidence
possible that the home is compatible to be a short-term rental. And, since we purchased the home,
we have actually taken steps to make the home even more compatible by installing a six-foot privacy
fence in the backyard.
Again, our request was rejected in a tie vote and there was no public opposition. The four
members of the Planning Commission who voted against our application voiced concerns that there
simply were too many short-term rentals in the downtown Fayetteville area. However, this concern
misses the mark for numerous reasons. First, and most importantly, the Council has set a density cap
for the City relating to short-term rentals. Hence, the number of short-term rentals is not a valid
concern of the Planning Commission as that issue has been addressed by the Council with the
density cap. Even if one were to apply the current density cap to just properties in downtown
Fayetteville, the current 22 Type 2 short term rentals would be less than 2% of the residences in
downtown Fayetteville. Second, again, the property was operated as a short-term rental until
December 2, 2022. Hence, granting a conditional use permit is not really altering any status quo —
there will be the same number of short-term rentals in downtown Fayetteville as there was just one
month ago. Third, as Mr. Umberger noted in his report, downtown Fayetteville is quite dense and
more short-term rentals should be expected in this area. As he said "[g]iven the relatively dense
development pattern staff finds that the abundance of Type 2 short-term rentals in the area can
largely be attributed to the property's proximity to downtown and does not constitute a risk towards
disrupting the character of the neighborhood." Certainly, the character of the neighborhood will not
be affected by a short-term rental as the property abuts an apartment complex, is across the street
from another short-term rental, and its direct neighbor to the East (only direct neighbor) only uses
their property as a second home and have no objection to our property being used as a short-term
rental. And again, no member of the neighborhood or community objected to our request.
Another thing that is not mentioned in Mr. Umberger's report is the fact that we currently
possess two guest parking passes in addition to our two -car driveway. Hence, parking is not an issue.
And as the Council knows, there are numerous short-term rentals in downtown Fayetteville without
any off-street parking.
Simply put, we simply ask that the City Council follow the advice of the experts hired by the
City and follow the wisdom of experience of our property causing no issue as a short-term rental for
many years, and approve our request for which there has been no public opposition.
My wife and I were extremely fortunate to call Fayetteville home for 10 years. If it were not
for both of us being part of family businesses, we would still live there today. Once we moved, we
knew that we wanted to have a second home in Fayetteville, and we searched for one for over two
years. We finally found the perfect place on Lafayette Street. We purchased this home knowing it
had been used as a short-term rental without issue and hence did not expect to have any issues with
us attempting to use it as a short-term rental. We very much want to still be a part of the
Fayetteville community and certainly would never do anything that was a determinant to
Fayetteville. We bought this house so we could be in Fayetteville more often, not to make money.
We simply ask for the ability to use our home as it has been used for many years.
If anyone has any questions or concerns, I can be reached on my cell phone at 501-249-
1949 or by email to iames.baxterCcDbaxterlaw Ilp c.com.
James R. Baxter
Partner
The Baxter Law Firm, PLLC
126 N. Main Street
Benton, AR'72015
P: (501) 315-2971
NOTICE: This electronic mail transmission and any attachment may constitute an
attorney -client communication that is privileged at law. It is not intended for transmission
to, or receipt by, any unauthorized persons. If you have received this electronic mail
transmission in error, please delete it from your system without copying it, and notify the
sender by reply e-mail or by calling (501) 315-2971, so that our contact list can be corrected.
From: Berna, Scott
To: Hertzbera. Hollv
Cc: Ci Clerk; Bolinger, Bonnie; Pennington, Blake; Brown, Chris; Bunch, Sarah; Curth. Jonathan; Harvey, Sonia;
Batker, Jodi; Jones, D"Andre; Johnson, Kimberlv; Rogers, Kristin; Williams. Kit; Jordan, Lioneld; Mathis, Jeana;
Moore, Sarah; Paxton, Kara; Mulford, Patti; Ramirez, Jonathan; Rea, Christine; Norton, Susan; Soohn, Courtney;
Thurber, Lisa; Turk, Teresa; Wiederkehr. Mike; iames.baxterCalbaxterlawpllc.com; Umberger, Ryan; Masters,
Jessica
Subject: Re: Appeal of Denial of Conditional Use Permit
Date: Thursday, January 26, 2023 5:05:56 PM
Attachments: imaae001.ona
I would support allowing the appeal.
Scott Berna
On Jan 26, 2023, at 3:44 PM, Hertzberg, Holly <holly.hertzberg@fayetteville-
ar.gov> wrote:
Good afternoon all,
I would be happy to support the appeals process for CUP-2022-0129.
Thank you,
Holly Hertzberg
City Council Member
Ward 4 Position 2
Fayetteville, AR 72701
holly. hertzberg@fayetteville-ar.gov
479.777.1758
From: CityClerk <cityclerk@fayetteville-ar.gov>
Sent: Thursday, January 26, 2023 1:03 PM
To: Berna, Scott <scott.berna@fayetteville-ar.gov>; Bolinger, Bonnie
<bbolinger@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-
ar.gov>; Brown, Chris <cbrown@fayetteville-ar.gov>; Bunch, Sarah
<sarah.bunch@fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov>; Curth,
Jonathan <jcurth@fayetteville-ar.gov>; Harvey, Sonia <sonia.harvey@fayetteville-
ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov>; Batker, Jodi
<jbatker@fayetteville-ar.gov>; Jones, D'Andre <dandre.jones@fayetteville-ar.gov>;
Johnson, Kimberly <kjohnson@fayetteville-ar.gov>; Rogers, Kristin
<krogers@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Jordan,
Lioneld <Ijordan@fayetteville-ar.gov>; Mathis, Jeana <jmath is@fayetteville-ar.gov>;
Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Paxton, Kara
<kapaxton@fayetteville-ar.gov>; Mulford, Patti <pmulford@fayetteville-ar.gov>;
Ramirez, Jonathan <jramirez@fayetteville-ar.gov>; Rea, Christine <crea@fayetteville-
ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov>; Spohn, Courtney
<ckelley@fayetteville-ar.gov>; Thurber, Lisa <Ithurber@fayetteville-ar.gov>; Turk,
Teresa <teresa.turk@fayetteville-ar.gov>; Wiederkehr, Mike
<mike.wiederkehr@fayetteville-ar.gov>
Cc: james.baxter@baxterlawpllc.com <james.baxter@baxterlawpllc.com>; Umberger,
Ryan <rumberger@fayetteville-ar.gov>; Masters, Jessica <jmasters @fayetteville-
a r.gov>
Subject: FW: Appeal of Denial of Conditional Use Permit
Hi All,
Please see the email below and attachment from Mr. James R. Baxter.
Thank you and have a nice day.
Xim Johnson, BSE, C-'AIC, CAJ�IC
Senior Deputy City Clerk
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
k'ohnsona-fayetteville-ar.gov
479.575.8310
<image001.png>
From: James Baxter <james.baxter@baxterlawpllc.com>
Sent: Wednesday, January 25, 2023 7:56 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Appeal of Denial of Conditional Use Permit
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. Paxton,
I'm writing to ask that three city council members appeal the Planning
Commission's tie vote decision that rejected our conditional use permit (CUP-2022-
0129) to the full City Council pursuant to Section 155.05 of the Unified Development
Code. In sum, the Planning Commission vote was against the recommendation of City
staff, against the standards that are supposed to be evaluated, and importantly, it was
made without any public opposition to the request. Under Section 155.05 of the
Unified Development Code, three council members may appeal the denial to the full
City Council.
However, there are a couple of things that are not detailed in Mr. Umberger's
report that are also highly relevant. Our property, 215 W. Lafayette St., was used as a
short-term rental for numerous years by the previous owners, Gary and Denise
Anderson. In fact, it was operated as a short-term rental until December 2, 2022, when
we purchased the home. And as detailed in Mr. Umberger's report, there have never
been any issues with the home. This is the best evidence possible that the home is
compatible to be a short-term rental. And, since we purchased the home, we have
actually taken steps to make the home even more compatible by installing a six-foot
privacy fence in the backyard.
Again, our request was rejected in a tie vote and there was no public
opposition. The four members of the Planning Commission who voted against our
application voiced concerns that there simply were too many short-term rentals in the
downtown Fayetteville area. However, this concern misses the mark for numerous
reasons. First, and most importantly, the Council has set a density cap for the City
relating to short-term rentals. Hence, the number of short-term rentals is not a valid
concern of the Planning Commission as that issue has been addressed by the Council
with the density cap. Even if one were to apply the current density cap to just
properties in downtown Fayetteville, the current 22 Type 2 short term rentals would be
less than 2% of the residences in downtown Fayetteville. Second, again, the property
was operated as a short-term rental until December 2, 2022. Hence, granting a
conditional use permit is not really altering any status quo —there will be the same
number of short-term rentals in downtown Fayetteville as there was just one month
ago. Third, as Mr. Umberger noted in his report, downtown Fayetteville is quite dense
and more short-term rentals should be expected in this area. As he said "[g]iven the
relatively dense development pattern staff finds that the abundance of Type 2 short-
term rentals in the area can largely be attributed to the property's proximity to
downtown and does not constitute a risk towards disrupting the character of the
neighborhood." Certainly, the character of the neighborhood will not be affected by a
short-term rental as the property abuts an apartment complex, is across the street
from another short-term rental, and its direct neighbor to the East (only direct
neighbor) only uses their property as a second home and have no objection to our
property being used as a short-term rental. And again, no member of the
neighborhood or community objected to our request.
Another thing that is not mentioned in Mr. Umberger's report is the fact that
we currently possess two guest parking passes in addition to our two -car driveway.
Hence, parking is not an issue. And as the Council knows, there are numerous short-
term rentals in downtown Fayetteville without any off-street parking.
Simply put, we simply ask that the City Council follow the advice of the experts
hired by the City and follow the wisdom of experience of our property causing no issue
as a short-term rental for many years, and approve our request for which there has
been no public opposition.
My wife and I were extremely fortunate to call Fayetteville home for 10 years.
If it were not for both of us being part of family businesses, we would still live there
today. Once we moved, we knew that we wanted to have a second home in
Fayetteville, and we searched for one for over two years. We finally found the perfect
place on Lafayette Street. We purchased this home knowing it had been used as a
short-term rental without issue and hence did not expect to have any issues with us
attempting to use it as a short-term rental. We very much want to still be a part of the
Fayetteville community and certainly would never do anything that was a determinant
to Fayetteville. We bought this house so we could be in Fayetteville more often, not to
make money. We simply ask for the ability to use our home as it has been used for
many years.
If anyone has any questions or concerns, I can be reached on my cell phone at
501-249-1949 or by email to james.baxter�baxterlawpllc.com.
James R. Baxter
Partner
The Baxter Law Firm, PLLC
126 N. Main Street
Benton, AR 72015
P: (501) 315-2971
NOTICE: This electronic mail transmission and any attachment may constitute
an attorney -client communication that is privileged at law. It is not intended
for transmission to, or receipt by, any unauthorized persons. If you have
received this electronic mail transmission in error, please delete it from your
system without copying it, and notify the sender by reply e-mail or by calling
(501) 315-2971, so that our contact list can be corrected.
CUP-2022-0129
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CITY OF
FAYETTEVILLE
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PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: January 23, 2023 (Updated with Planning Commission Results)
SUBJECT: CUP-2022-0129: Conditional Use Permit (215 W. LAFAYETTE
ST/BAXTER, 484): Submitted by JAMES BAXTER, for property located at
215 W. LAFAYETTE ST. The property is zoned NC, NEIGHBORHOOD
CONSERVATION and contains approximately 0.09 acres. The request is
to use the residence as a short-term rental.
RECOMMENDATION:
Staff recommends approval of CUP-2022-0129 with conditions as outlined by staff.
RECOMMENDED MOTION:
"I move to approve CUP-2022-0129, determining:
In favor of compatibility with adjacent properties, and
In favor of all other conditions as recommended by staff. "
BACKGROUND:
The subject property is on the south side of W. Lafayette Street, at the southeast corner of its
intersection with N. Rollston Avenue. The property contains one parcel totaling 0.09 acres and is
currently developed with a two -bedroom, single-family dwelling which was built in 1941. The
property is in the Downtown Design Overlay district and the Downtown Master Plan area. On April
20, 2021, City Council adopted an ordinance to regulate short-term rentals operating within its
limits. On December 20, 2022, City Council amended the ordinance to enact new requirements
for short-term rentals. This report reflects those new changes for consideration. Surrounding land
use and zoning are depicted in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
NC, Neighborhood Conservation
South
Single -Family Residential
NC, Neighborhood Conservation
East
Single -Family Residential
NC, Neighborhood Conservation
West
Single -Family Residential
NC, Neighborhood Conservation
City Plan 2040 Future Land Use Designation: Residential Neighborhood Area.
Proposal: The applicant requests conditional use permit approval to use the property as a Type
2 short-term rental, which are those not occupied by a permanent resident. Type 2 short-term
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 1 of 23
rentals are subject to density limitations, including a 2% citywide cap, and restrictions on the
number of units that may be used as a short-term rental in multi -family dwelling complexes.
Public Comment: Staff has not received any public comment regarding this request.
RECOMMENDATION: Staff recommends approval of CUP-2022-0129, with the following
conditions;
Conditions of Approval:
Planning Commission determination of compatibility. Staff finds the proposed short-
term rental to be compatible with the neighborhood based on the findings in this report,
2. Approval of the conditional use permit does not ensure approval of a business license
application. The applicant must still be able to comply with all other applicable
requirements in the development code.
3. Per §166.20, Expiration of Approved Plans and Permits, a business license must be
obtained within 1 year of conditional use permit approval.
4. Per ordinance, the number of occupants is limited to a maximum of two people per
bedroom, plus two, for the entire unit when the property is operated as a short-term
rental.
5. Special events including, but not limited to, weddings, receptions, anniversaries, private
parties, fundraisers and business seminars are prohibited from occurring in the short-
term rental.
6. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent
residential dwelling may be used as a short-term rental.
7. All trash receptacles shall be screened from view of the right-of-way.
8. All outdoor lighting shall meet requirements as outlined in §176, Outdoor Lighting.
9. Any signage shall meet the requirements as outlined in §174, Signage.
PLANNING COMMISSION ACTION: Required YES
Date: January 23, 2023 O Tabled O Approved Cq Denied
IMotion:Brink
ISecond: Sparkman Motion to approve failed.
Vote: 4-4-0
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 2 of 23
FINDINGS OF THE STAFF
§163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a conditional
use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent of
this chapter.
C. A conditional use shall not be granted by the Planning Commission unless and
until:
1. A written application for a conditional use is submitted indicating the section
of this chapter under which the conditional use is sought and stating the
grounds on which it is requested.
Finding: The applicant has submitted a written application requesting a conditional
use permit for a Type 2 short-term rental in the NC zoning district.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings before
a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under Unified Development Code
§118.01(E)(2) to grant the requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect the
public interest.
Finding: Staff finds that granting the requested conditional use is unlikely to
negatively affect the public interest, given the applicable business license
requirements including a required building safety inspection, and applicable
density caps on Type 2 short-term rentals.
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 3 of 23
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: There are specific rules governing Short -Term Rentals, as follows:
§163.18 - SHORT-TERM RENTALS
A. General Standards.
(1) Residential Zoning Districts. Residential Zoning Districts. Type 2 short-term rentals
may be permitted as a conditional use in the following residential zoning districts: R-A, RSF-
.5, RSF-1, RSF-2, RSF-4, RSF-7, RSF-8, RSF-18, RI-12, RI-U, RMF-6, RMF-12, RMF-18,
RMF-24, RMF-40, NC. Short term rentals may be permitted by right or by conditional use in
planned zoning districts subject to the zoning regulations enacted by the City Council for each
district. Short-term rentals in non-residential zoning districts, mixed use zoning districts, or
other zoning districts not listed above are not required to apply for a conditional use permit.
Finding: The request is to operate a Type 2 short-term rental in NC zoning, which
requires a conditional use permit.
(2) Occupancy. Maximum of two (2) people per bedroom, plus two (2), for the entire unit
when operated as a short-term rental.
Finding: Occupancy is limited as described in UDC §163.18(A)(3). Occupancy
limitations are confirmed by the applicant during licensing. Since the
dwelling has two bedrooms, the short-term rental would be limited to six
guests.
(3) Parking. Parking is limited to the maximum number of vehicles as allowed by the
underlying zoning district for the residential building on the property.
Finding: Staff recommends parking is limited as described in UDC §163.18(A)(4).
Single-family homes are required to provide parking at a rate of two per
dwelling. According to the applicant the property has access to two off-street
parking spots in addition to on -street parking available along W. Lafayette
Street and N. Rollston Avenue.
(4) Special events are not permitted in a short-term rental. Example of special events
include, but are not limited to, weddings, receptions, anniversaries, private parties,
fundraisers and business seminars.
Finding: The application letter suggests the property will comply with the City's
regulations for a short-term rental. As a condition of approval, staff
recommends a prohibition on special events.
(5) Short-term rental units are allowed in any structure established as a permanent
residential dwelling including an accessory dwelling unit. No recreational vehicle, trailer,
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 4 of 23
other vehicle or structure not classified as a permanent residential dwelling may be used
as a short-term rental.
Finding: The application is for use of the property at 215 W. Lafayette Street. Staff
recommends a condition confirming that no recreational vehicle, trailer,
other vehicle or structure not classified as a permanent residential dwelling
may be used as a short-term rental.
(6) Exceptions. Exceptions to the short-term rental standards, except proposals that
would exceed the city-wide density maximum, may be granted by the Planning
Commission as a conditional use permit.
Finding: Type 2 short-term rentals are subject to a citywide density cap at 2% of total
dwelling units, as determined by United States Census Bureau data.
Recently released 5-year American Community Survey data from 2021 lists
total housing units in Fayetteville at 44,706, which puts the cap at 894 total
Type 2 short-term rentals. To date, the City has issued 301 Type 2 short-term
rental licenses that are subject to this cap. Hotel and motel uses are not
permitted by right in NC zoning, so this short-term rental would contribute
to the city-wide density cap.
(7) Short-term rentals must comply with all applicable codes under City Code §118.01
and successfully obtain a business license prior to operation.
Finding: This short-term rental would be subject to all regulations in City Code
§118.01 that apply to Type 2 short-term rentals in residential zoning districts.
Applicable business licensing requirements will be reviewed by staff and
confirmed by the applicant at the time of licensing.
(8) Short-term rentals in residential zoning districts may be subject to denial or additional
conditions based upon the Planning Commission's findings on the following factors:
1) Adequate parking infrastructure;
2) Adequate adjoining or nearby streets for on -street parking;
3) Frequency or concentration of nearby licensed Type 2 short-term rentals; and
41 Prior zoning or code violations.
Finding: There appears to be adequate parking available to support the use of the
property as a short-term rental based on the applicant's submittal. A total of
two off-street spaces are available in the existing driveway. The property is
located in downtown Fayetteville where on -street parking is a typical, urban
condition with many residential and commercial properties in the vicinity
lacking driveways or parking lots. Within'/4 mile of the property city business
license records indicate there are 22 Type 2 rental business licenses. Given
the relatively dense development pattern staff finds that the abundance of
Type 2 short-term rentals in the area can largely be attributed to the
property's proximity to downtown and does not constitute a risk towards
disrupting the character of the neighborhood. There are no active or prior
zoning code violations at the subject address.
§163.02, AUTHORITY; CONDITIONS; PROCEDURES. (continued)
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 5 of 23
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: The subject property has frontage along W. Lafayette Street and N. Rollston
Avenue; both of which are classified as Urban Center streets. Staff finds that
the proposal will not adversely affect traffic flows considering the use of the
property would be limited to a maximum of six guests, which would not be
out of character with use of the property for residential purposes. Sidewalk
is present at the back of curb along both street frontages.
(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: The applicant has indicated that there are two guest vehicle parking spaces
available in the driveway. The short-term rental ordinance limits the number
of guest vehicles to the maximum number of vehicles as allowed by the
underlying zoning district.
(c.) Refuse and service areas, with particular reference
to ingress and egress, and off-street parking and
loading,
Finding: The applicant proposes to utilize existing residential trash cart service. Staff
recommends that the containers should be screened from public view when
not at the curb for residential pick-up.
(d.) Utilities, with reference to locations, availability, and
compatibility;
Finding: Utilities are currently available to the site and the use as a short-term rental
is not anticipated to impact the provision of utilities.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: Staff recommends that residential carts be screened so that they are not
visible from the public right-of-way.
(f.) Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect,
and compatibility and harmony with properties in the
district;
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 6 of 23
Finding: Any proposed signage will be subject to Unified Development Code section
174 — Signs, and all the regulations therein.
(g.) Required yards and other open space; and
Finding: Based on the applicant's submittal, the structure appears to be meeting
relevant setbacks.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: Staff finds the use to be compatible with surrounding properties. The
property appears to have adequate parking to accommodate overnight
guests, trash containers are screened, and minimal disruptions are expected
for neighbors.
BUDGET/STAFF IMPACT:
None
Attachments:
• Business Regulations
o §118.01 Applicability
• Unified Development Code
o §163.18 Type 2 Short -Term Rentals in Residential Zoning Districts
o §161.29 District NC, Neighborhood Conservation
• Applicant Request Letter
• Building Floor Plan
• Elevations
• One Mile Map
• Close -Up Map
• Current Land Use Map
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 7 of 23
118.01 Applicability
(E) Short -Term Rentals. A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential
dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days.
(1) Short -Term Rental, Type 1. A short-term rental where the principal use of the property remains as a full-
time residence. The occupants or owner rent their primary residence as a short-term rental. A copy of the
Homestead Tax Credit or long-term lease agreement for the subject property is required to be classified
as a Type 1 rental. The occupant or owner must occupy the residence for nine (9) months of the year.
Accessory dwelling units (ADUs) as defined in Unified Development Code 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 in a residential zoning
district prior to the city issuing a business license.
(3) License Required. No dwelling unit in the city shall be used as a short-term rental unless:
(a) The owner of the dwelling unit or operator of the short-term rental possess a valid and current business
license for the dwelling unit, and fully complies with all legal requirements and duties imposed herein
with respect to each and every short-term rental; and
(b) The owner has designated an agent, where said agent fully complies with all legal requirements and
duties imposed herein with respect to every short-term rental. The owner may serve as their own agent.
(c) The owner of the dwelling unit or operator of the short-term rental provides proof of a valid and current
homeowners insurance rider policy which fully covers each unit when operated as short-term rental unit.
(4) A separate business license shall be required for each dwelling unit used as a short-term rental.
(5) Any change in ownership requires a new or amended business license.
(6) If any required contact information changes for the associated business license, the person to whom the
license was issued shall immediately notify the Development Services Department in writing.
(7) License Application. The application for a business license shall include at minimum, the following
information from applicants:
(a) The property owner's information including legal name, mailing address, immediate contact phone
number, and immediate contact E-mail address.
(b) Information for the dwelling unit subject to the application, inclusive of the physical street address
assigned by the city.
(c) The type and total number of dwelling units located on the lot of record containing the dwelling unit
subject to the application.
(d) If the owner is not their own agent, the owner designated agent's information including legal name,
mailing address, immediate contact phone number and immediate contact E-mail address.
(e) Documentation of approval of a life safety and egress inspection by the City Building Safety Division for
the dwelling unit subject to the application.
(f) Proof of application for remittance of hotel, motel and restaurant tax to the City of Fayetteville, and
verification that all sales, use, and hotel, motel and restaurant taxes are current.
(g) Any additional data as deemed necessary or desirable for permit approval by the Development Services
Director.
(8) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter
118 of the Business Regulations (Business Registry and Licenses).
(11) Legal Duties of License Holders. An owner possessing a short-term rental license shall comply at all
times with the following requirements:
(a) Occupancy. Short-term rentals shall be subject to, and may not exceed, the occupancy limits approved
with the business license.
(b) Advertisements. A short-term rental shall not be advertised if it violates occupancy, density, safety, and
any of the other provisions of the Fayetteville Code. No short-term rental unit shall be advertised prior to
having obtained a business license and the business license number shall be included in the
advertisement listing.
(c) Information and Posting. Business licensees shall provide to guests and post conspicuously in the
common area of the short-term rental unit the city phone number to report a safety complaint.
(10) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are
available at all times during guest occupancy, including nights and weekends, in order to facilitate
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 8 of 23
compliance with this section. For the purposes of these regulations, 'availability' means that the owner or
agent is accessible by telephone, and, able to be physically present at the short-term rental within three
(3) hours of being contacted.
(11) Guest Records. The owner shall maintain summary guest registration records, which shall contain the
actual dates of occupancy, total number of guests per party per stay, and the rate(s) charged, but shall
not contain any personally identifiable information about guests. Such records shall be maintained for
three (3) years and shall be provided to the City upon request.
(12) Health and Safety. The owner shall ensure that each dwelling unit governed by this section complies with
the applicable provisions of the Unified Development Code Chapter 173, Building Regulations.
(13) Criminal Activity. The owner shall timely report any known or reasonably suspected criminal activity by a
guest to the Fayetteville Police Department within twelve (12) hours maximum.
(14) Taxes and Fees. Except for those instances in which a hosting platform bears the responsibility for
collecting and remitting taxes and fees applicable to short-term rentals, the property owner shall timely
remit in full Fayetteville Hotel, Motel and Restaurant tax and other applicable local, state, and federal
taxes and city fees owed in connection with any short-term rental. The failure of a hosting platform to
collect and remit taxes and fees shall not relieve an owner of the obligation to pay taxes and fees owed
pursuant to this section.
(15) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be granted
by the Development Services Director through the issuance of a City of Fayetteville Business Registry
and License (Business License).
(16) Density For Type 2 Short -Term Rentals. A city-wide density cap of 2% of all dwelling units in the
Fayetteville city limits may be utilized as Type 2 rentals. Total dwelling units are determined from current
United States Census Bureau and/or American Community Survey numbers, whichever number is
higher. A conditional use permit may not permit:
(a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. Type 2 short-term
rentals in commercial and mixed -use zoning districts where hotel/motels are permitted by right shall not
contribute to the city-wide density cap.
(b) More than 10% or a single unit whichever is greater; of total dwelling units as Type 2 rentals within a
multi -family dwelling complex.
(c) Individual 2-, 3- and 4-family buildings that are owned by the same person or entity and are not a part of
a multi -family complex shall have no more than one (1) Type 2 short-term rental unit per building
complex.
(d) Where attached residential units are held separately through condominium association, horizontal
property regime, fee simple, or similar ownership structure, no cap shall be applied to buildings with
attached residential dwellings. Structures of attached residential dwellings where applicants seek more
than 10% of total units for licensing as Type 2 rentals shall be evaluated by the Building Safety Director
and/or Fire Marshal for adequate fire protection as defined by the adopted Arkansas Fire Prevention
Code. Where inadequate fire protection is identified, improvements may be required prior to issuance of
a business license.
(17) Suspension and Revocation. If the Development Services Director has reason to believe that any of the
grounds specified in §118.03(A) of the Fayetteville Code exist, or that any rental unit was rented for less
than one (1) full night, or to more than one (1) part of guests for the same period of time, or otherwise
failed to comply with all terms and conditions of this section, the Development Services Director may
suspend or revoke the short-term rental's business license pursuant to the procedures detailed in
§118.03 and in §118.04 of the Fayetteville Code.
(20) Short-term rentals must comply with all applicable codes under Unified Development Code §163.18 and §
164.26 successfully obtain a business license prior to operation.
( Ord. No. 6427 , §§1(Exh. A), 2, 4-20-21; Ord. No. 6505 , §1(Exh. A), 11-16-21; Ord. No. 6521 , §§1, 2, 1-18-22;
Ord. No. 6537, §1(Exh. A), 2-15-22)
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 9 of 23
163.18 Type 2 Short -Term Rentals in Residential Zoning Districts
(A) Residential Zoning Districts. Type 2 short-term rentals may be permitted as a conditional use in the
following residential zoning districts:
1) R-A
2) RSF-.5
3) RSF-1
4) RSF-2
5) RSF-4
6) RSF-7
7) RSF-8
8) RSF-18
9) RI-12
10) RW
11) RMF-6
12) RMF-12
13) RMF-18
14) RMF-24
15) RMF-40
16) NC
Short term rentals may be permitted by right or by conditional use in planned zoning districts subject to
the zoning regulations enacted by the City Council for each district.
Short-term rentals in non-residential zoning districts, mixed use zoning districts, or other zoning districts
not listed above are not required to apply for a conditional use permit.
(B) Occupancy. Maximum of two (2) people per bedroom, plus two (2), for the entire unit when operated as a
short-term rental.
(C) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning
district for the residential building on the property.
(D) Special events are not permitted in a short-term rental. Example of special events include, but are not
limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars.
(E) Short-term rental units are allowed in any structure established as a permanent residential dwelling
including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not
classified as a permanent residential dwelling may be used as a short-term rental.
(F) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city-
wide density maximum, may be granted by the Planning Commission as a conditional use permit.
(G) Short-term rentals must comply with all applicable codes under City Code §118.01 and successfully
obtain a business license prior to operation.
(H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based
upon the Planning Commission's findings on the following factors:
1) Adequate parking infrastructure;
2) Adequate adjoining or nearby streets for on -street parking;
3) Frequency or concentration of nearby licensed Type 2 short-term rentals; and
4) Prior zoning or code violations
( Ord. No. 6427, §§l(Exh. E), 2, 4-20-21; Ord. No. 6505, §2(Exh. B), 11-16-21; Ord. No. 6537, §2(Exh. B), 2-15-22)
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 10 of 23
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such
as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(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
(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 communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 140 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
5 feet
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21)
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 11 of 23
Ord. No. 6427 , § 2, adopted April 20, 2021, "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."
Planning Commission
January 23, 2023
CUP-2022-0129 (BAXTER)
Page 12 of 23
BAxTERLAw
EXPERIENCE. COMPASSION. RESULTS.
December 28, 2022
Fayetteville Planning Commission
Via Online Upload
RE: Request letter for Conditional Use Permit Application for 215 W. Lafayette St.
To Whom It May Concern,
On behalf of myself and my wife, Jordan Honey, please accept this as our
request letter for a conditional use permit for 215 W. Lafayette St. to enable us to
continue to use the home for a short-term rental.
Our home is 1004 square feet. There is a driveway which offers two off-street
parking spots in addition to the on -street parking offered on Lafayette in the front
and Rollston Avenue to the side.
The color elevation of the building is red cedar on all four sides of the
property. I'm including photographs below.
Again, we are requesting a conditional use permit to enable us to apply for a
short-term rental license. The house is only two bedrooms and sleeps a maximum
of five. Thus, while the anticipated number of guests will vary, it would be a
maximum of five people for overnight guests.
As far as outdoor lighting, we have solar lights in the front, back, and side
yards. There are also front and back yard porch lights from the home.
For noise purposes, provided we are approved, our short-term rental rules
would prohibit excessive noise and obey all noise ordinances of the City of
Fayetteville. Thus, excessive noise is not expected and only the noise from ordinary
residential use would be expected. This property was used as a short-term rental
for several years without issue by the previous owners.
As to buffering from adjacent properties, there is currently a semi -private
fence in the backyard. Le. a four foot fence. We are currently having a full privacy
fence (six foot) installed with a completion date expected by mid -January.
Trash refuse is handled by the City of Fayetteville. The trash ben is currently
located in the back of the driveway. However, once the full privacy fence is
installed, we will move same to the back yard, right behind the driveway.
Planning Commission
126 N. Main Street • Benton, AR 72015 • (501) 315-2971 • james.baxter@baxterlawpllt'S.COM23, 2023
1 CUP-2022-0129 (BAXTER)
Page 13 of 23
BAxTERLAw
EXPERIENCE. COMPASSION. RESULTS.
Traffic should not be impacted as short-term rentals should be in harmony
with regular residential use.
Short term use is very compatible with the use of the adjacent properties
and other properties in the neighborhood as several nearby properties are
currently used for a short-term rental. And importantly, this home was used as a
short-term rental for numerous years without issue until we recently purchased
the same on December 2, 2022. And we believe we are making the property even
more conducive for short term rental use with the installation of the full privacy
fence in the back yard.
Below are pictures of the home. For a video of the interior of the home,
please follow this link:
httr)s://share.icloud.com/photos/Ob57w LPJ4ckDl4sOJeiOLMmA1
Sincerely,
James R. Baxter
1 The interior was recently painted. Hence, in the video, there are some things off of the walls, etc. They have
already been replaced. The video is simply being provided to help provide an idea of the floor plan of the home.
Planning Commission
126 N. Main Street •Benton, AR 72015 • (501) 315-2971 • james.baxter@baxterlawpllCz3, 2023
2 CUP-2 22-0129 (BAXTER)
Page 14 of 23
CUP-2022-0129 (BAXTER)
Page 15 of 23
101
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BAxTERLAw
EXPERIENCE. COMPASSION. RESULTS.
Planning Commission
126 N. Main Street • Benton, AR 72015 • (501) 315-2971 • james.baxter@baxterlaw�ll C 23, 2023
4 CUP-2b22-0129 (BAXTER)
Page 17 of 23
BAxTERLAw
EXPERIENCE. COMPASSION. RESULTS.
Planning Commission
126 N. Main Street • Benton, AR 72015 • (501) 315-2971 • james.baxter@baxterlaw�ll C 23, 2023
5 CUP-2b22-0129 (BAXTER)
Page 18 of 23
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CUP-2022-0129 (BAXTER)
Page 21 of 23
CUP-2022-0129
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CUP-2022-0129 (BAXTER)
Page 22 of 23
CUP-2022-0129 (BAXTER)
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