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Home My WebLink About2023-748 (4) CityClerk From:Lisa Orton <lisa_m_orton@yahoo.com> Sent:Tuesday, June 6, 2023 12:43 AM To:CityClerk; Ethel C. Simpson; Harvey, Sonia; Jones, D'Andre; Moore, Sarah; Wiederkehr, Mike; Berna, Scott; Bunch, Sarah; Turk, Teresa; Hertzberg, Holly; Mayor; Cc: Barbara Fraleigh Cc:Planning Shared Subject:RE: Oliver Avenue STR appeal 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. Ethel, I think you are saying that you do not want the owner of 435 N Oliver Ave to be given a Conditional Use Permit (CUP) to run a short-term rental there. The Planning Commission (PC) had approved the CUP. You are requesting an appeal of their decision. In other words, you want the City Council to accept our appeal of the Planning Commission's approval of the CUP. You want the City Council to deny the CUP at 435 N Oliver Ave. Am I understanding you correctly? Lisa "We the undersigned citizens of Fayetteville, AR are requesting an appeal of the Planning Commission’s decision to approve Conditional Use Permit (CUP-2023-0043) located at 435 N. Oliver Ave. We are appealing this decision based on the City of Fayetteville’s Unified Development Code (UDC) Section 163.18 (H) for items 1-3: “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.” 1. Adequate Parking Infrastructure: There is insufficient parking for this location. The structure located at 435 N. Oliver Ave. contains 3 bedrooms and therefore is entitled to up to 8 residents per night. There is parking for only 2 vehicles and on street parking is not allowed. Oliver Ave is a very narrow street without sidewalks on either side. Parking is prohibited on both sides of the street. In the past, there have been numerous complaints about illegal street parking. 2. Adequate adjoining or nearby streets for on-street parking: Many of the adjoining streets (Halsell, Maple and Gray) are narrow and do not allow parking on the street and most do not have sidewalks. 3. Frequency or concentration of nearby licensed Type 2-short term rentals: According to the City of Fayetteville’s Development and Economic Services website, there is 1 licensed Short Term Rental Type 2 located two houses away at 473 N Oliver. However, there are at least three complaints submitted that contend that two unlicensed short-term rentals are operating at 426 N Oliver St, right across the street from 435 N. Oliver Ave. They are listed under the Airbnb platform as the “The Stadium House” and “The Stadium Cottage”. In addition, there are over 4 rooms listed under the Airbnb platform located at 410 N. Oliver Ave. 1 Those unlicensed short-term rentals are under investigation by the Planning Department. If these alleged unlicensed short-term rentals are operating, a minimum of 7 short-term type operations are occurring on Oliver Ave, within .08-mile radius of 435 N. Oliver Ave. In addition, we believe short-term rentals are not compatible with our University Heights neighborhood and its historic nature of owner-occupied residences. This area was outside the city limits for many years, and the infrastructure of our streets and the layout of the properties reflect this residual rural character, particularly the narrow streets that prohibit on- street parking and the design of the homes for family residents. Our neighborhood has historically provided accessible, permanent homes for university staff, professionals, and their families, many of whom have traditionally walked to school or work. The need for such permanent housing options is currently more important than ever with our rapidly growing population. As this request is being considered, University Heights is being evaluated for nomination as a Historic District. We believe that the historical significance of University Heights lies in its character as a formerly rural area, as shown in the present day scattered old farmhouses, including the Oliver house itself, that still stand on our narrow streets. Some present residents are descendants of people who lived here before the streets were paved, when the post office regarded this as a Rural Route. During the post-war expansion of the University as a result of the GI Bill, Hotz addition was developed to accommodate the growing faculty/staff of the University, with their young families and modest incomes. Some young people, attracted to the new Department of Architecture, designed houses in this neighborhood before achieving regional and national prominence. Leverett School educated their children. All these residents could walk to work or to school. Some residents had careers in education at the University and others taught at Leverett, and they included deans and food service workers. Many of these historic qualities are still present in University Heights, even as the farmsteads have developed into neighborhoods with houses in many styles and in many price ranges. In summary, short-term rentals are incompatible with the historic character of the neighborhood. In view of the many issues listed in this letter, please do not approve the Conditional Use Permit (CUP2023-0043) located at 435 N. Oliver Ave. Sincerely, Barbara Fraleigh, Margaret Holcomb, Lisa Orton, Ethel Simpson, Jane Scroggs Sent from Yahoo Mail on Android On Mon, Jun 5, 2023 at 5:01 PM, CityClerk <cityclerk@fayetteville-ar.gov> wrote: Good afternoon Ethel, Thank you for submitting a public comment to the City Council Members and Mayor Lioneld Jordan. Your comment has been received by the City Clerk’s office and it has been associated with an agenda item (2023-748), archived and posted to the City’s website. You can locate your comment by clicking the link below. City Council – 2023 Public Comments Received I have copied the Planning Division to this message, as it pertains to a CUP Appeal item. Should you have any questions or concerns please do not hesitate to contact our office. 2 Thank you, Jonathan Ramirez Office of the City Clerk Treasurer Communication Specialist City of Fayetteville, Arkansas 113 West Mountain St Fayetteville, AR 72701 jramirez@fayetteville-ar.gov T 479.575.8323 Website | Facebook | Twitter | Instagram | YouTube From: Ethel C. Simpson <esimpson@uark.edu> Sent: Monday, June 5, 2023 4:43 PM To: CityClerk <cityclerk@fayetteville-ar.gov>; Harvey, Sonia <sonia.harvey@fayetteville-ar.gov>; Jones, D'Andre <dandre.jones@fayetteville-ar.gov>; Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>; Berna, Scott <scott.berna@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov>; Mayor <Mayor@fayetteville-ar.gov>; Cc: Barbara Fraleigh <barbara.fraleigh@gmail.com> Cc: Lisa Orton <lisa_m_orton@yahoo.com> Subject: Oliver Avenue STR appeal 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 planned to attend the meeting of the Council on June 6, but a family emergency has made that impossible. So I hope you will take the time to read this short statement of my opposition to this request. I have focused on density and infill, beloved of our City Planners. 3 I believe that the 400 block of North Oliver is already very densely populated with various types of multiple-occupancy houses. I consulted the Washington County Land Records, where I discovered several properties owned by family trusts (including my own property).Some properties on this single block are presently being operated as STRs, and I understand that not all have licenses or permits. Ours is a street of narrow lots along a narrow street with no sidewalks. I believe this new STR would push us from density to congestion, while doing nothing to ease the housing shortage in Fayetteville. The owner of Hogtailing Holdings, at 426, is in Tempe, Az; there are two buildings on this lot. 437 Oliver, immediately south of the property in question, is owned by the Fayetteville Grp, of Fayetteville, 456 Oliver, across the street from the property in question, is operated as a STR. 461 Oliver is owned by the Havens Family Trust, Little Rock; 473 Oliver is owned by the Luttrell Family Trust, Springdale 476 on the corner of W. Maple, is owned by Bennett Outdoor Investments, Magnolia AR; The property at 400 and 410 Oliver is owned by John LaTour. It is currently listed for sale and is described as having 18 bedrooms and 21 bathrooms. I believe that the presence of so many absent landlords and of a clearly commercial operation like the Latours’, does not harmonize with the concept of neighborhood zoning. Apparently some of these houses are operated as unlicensed STRs, but whether licensed or not, the residents are certainly thick on the ground. I think that we already have enough people in our back yards. Please deny the appeal. Ethel Simpson 409 N Oliver Avenue Fayetteville AR72701 4