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Home My WebLink AboutOrdinance 6672113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6672 File Number: 2023-838 ORDINANCE AMENDMENT §118.01 (SHORT TERM RENTAL DENSITY CAP): AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF THE FAYETTEVILLE CITY CODE TO REDUCE THE CITYWIDE DENSITY CAP FOR SHORT TERM RENTALS TO 475, AND TO DECLARE AN EMERGENCY WHEREAS, the Development Services Department has issued 392 licenses for Type 2 short term rentals, 341 of which contribute to the current 2% citywide cap because they are not located in zoning districts that permit hotel and motel uses by right; and WHEREAS, the City Council Ordinance Review Committee has recommended that the citywide density cap for Type 2 short term rentals be reduced from 2% of all dwelling units to a set cap of 475 and recommends that all Type 2 short term rentals be counted toward that cap. 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 repeals the introductory paragraph of subsection (E)(16) and subsection (E)(16)(a) in §118.01 Applicability of the Fayetteville City Code and enacts replacement language as follows: "(16) Density For Type 2 Short -Term Rentals. A city-wide density cap of 475 dwelling units may be Type 2 rentals. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because reducing the number of available short term rental permits in the City of Fayetteville is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on July 6, 2023 Page 1 Ordinance: 6672 File Number: 2023-838 Approved: Page 2 Attest: ��1111111//�� •• � U• • Zl� (-AYf•1 I E-VILU. ; Kara Paxton, City derl Treasurer � s • h'l1N� �. CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 6, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-838 FROM: Blake Pennington, Assistant City Attorney DATE: SUBJECT: Amendment to Section 118.01(E) to reduce the city-wide cap on short term rentals. RECOMMENDATION: The Ordinance Review Committee recommends approval of an amendment to Section 118.01 reducing the cap on Type 2 short term rentals from 2% of all housing units in the City to a maximum of 475. The proposed amendment also removes a provision that exempts Type 2 STRs located in zoning districts allowing hotel/motel uses by right from counting toward the cap. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request - Amend 118.01 - Reduce STIR Cap to 475 - Ordinance Review Committee 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 #: 2023-838 Amendment to Section 118.01(E) to reduce the city-wide cap on short term rentals. AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF THE FAYETTEVILLE CITY CODE TO REDUCE THE CITYWIDE DENSITY CAP FOR SHORT TERM RENTALS TO 475, AND TO DECLARE AN EMERGENCY WHEREAS, the Development Services Department has issued 392 licenses for Type 2 short term rentals, 341 of which contribute to the current 2% citywide cap because they are not located in zoning districts that permit hotel and motel uses by right; and WHEREAS, the City Council Ordinance Review Committee has recommended that the citywide density cap for Type 2 short term rentals be reduced from 2% of all dwelling units to a set cap of 475 and recommends that all Type 2 short term rentals be counted toward that cap. 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 repeals the introductory paragraph of subsection (E)(16) and subsection (E)(16)(a) in §118.01 Applicability of the Fayetteville City Code and enacts replacement language as follows: "(16) Density For Type 2 Short -Term Rentals. A city-wide density cap of 475 dwelling units may be Type 2 rentals. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because reducing the number of available short term rental permits in the City of Fayetteville is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. Page 1 CivicClerk fD No.: 2023-838 AGENDA REQUEST FORM FOR: Council Meeting of July 6, 2023 FROM: Council NIcmbers lloll.V Hertzberg, Sarah Moore, and Scott Berna ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND §118.01 APPLICABILITY OF THE FAYE7TEVILLECITY CODE TO REDUCE THE CITYWIDE DENSITY CAP FOR SHORT TERM RENTALS TO 475 APPROVED FOR AGENDA: 6 W Z3 Cou it ember Holly He berg Date Council Member Sarah Moore Council Member Scott Berna Sr. Asst. City Attorney Blake Pennington Approved as to form Date 6•�'Z� Date Date ORDINANCE NO. AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF THE FAYETTEVILLE CITY CODE TO REDUCE THE CITYWIDE DENSITY CAP FOR SHORT TERM RENTALS TO 475 WHEREAS, the Development Services Department has issued 392 licenses for Type 2 short term rentals, 341 of which contribute to the current 2% citywide cap because they are not located in zoning districts that permit hotel and motel uses by right; and WHEREAS, the City Council Ordinance Review Committee has recommended that the citywide density cap for Type 2 short term rentals be reduced from 2% of all dwelling units to a set cap of 475 and recommends that all Type 2 short term rentals be counted toward that cap. 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 repeals the introductory paragraph of subsection (E)(18) and subsection (E)(18)(a) in § 118.01 Applicability of the Fayetteville City Code and enacts replacement language as follows: "(E) Short -Term Rentals (18) Density For Type 2 Short -Term Rentals. A city-wide density cap of 475 dwelling units may be 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." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because reducing the number of available short term rental permits in the City of Fayetteville is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. 118.01- Applicability (E) Short -Term Rentals. (18) Density For Type 2 Short -Term Rentals. A city-wide density cap of = of all wef4Ag +t� to Fayet.teuiffe��iy limit{ s3�ay be utilized as475 dwelling units may be 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 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. Form 0.23 N\/VA ftidd� RECEIVED A WEHCO MEDIA COMPANY ►JUL 10 2023 Account #: NWCL5004205 MY OF FAYE7EViLLE CITY CLERKS OFFICE Company: CITY OF FAYETTEVILLE-CLERKS OFFI Client: CITY OF FAYETTEVILLE-CLERKS OFFI/ Ad number #: 304261 PO #: Matter of. ORD 6672 AFFIDAVIT • STATE OFARKANSAS • COUNTY OF WASHINGTON I, Carla Gardner, do solemnly swear that I am the Finance Director of the Northwest Arkansas Democrat Gazette, a daily newspaper printed and published in said county, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of ORD 6672 Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the Northwest Arkansas Democrat Gazette for publication the sum of $136.50. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 07110123; NWA nwaonline.com 07110123 (: j7 Finance Director Cl�;�e,U►��-ice--� NOTARY PUBLIC ,,.��`'t`'.s CATHERINfr S7AQG5 . �. MY COMMISSION # 12402772 �; *r` EXPIRES: February 28, 2025 Washington County Ordinance: 6672 File Number: 2023-838 ORDINANCE AMENDMENT §118.01(SHORT TERM RENTAL DENSITY CAP): AN ORDINANCE TO AMEND §118.01 APPLICABILITY OF THE FAYETTEVILLE CITY CODE TO REDUCE THE CITYWIDE DENSITY CAP FOR SHORT TERM RENTALS TO 475, AND TO DECLARE AN EMERGENCY WHEREAS, the Development Services Department has issued 392 licenses for Type 2 short term rentals, 341 of which con- tribute to the current 2% city- wide cap because they are not located in zoning districts that permit hotel and motel uses by right; and WHEREAS, the City Council Ordinance Review Committee has recommended that the city- wide density cap for Type 2 short term rentals be reduced from 2% of all dwelling units to a set cap of 475 and recom- mends that all Type 2 short term rentals be counted toward that cap. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby repeals the introductory paragraph of subsection (E)(16) and subsec- tion (E)(16)(a) in §118.01 Appli- cability of the Fayetteville City Code and enacts replacement language as follows: "(16) Density For Type 2 Short -Term Rentals. A city-wide density cap of 475 dwelling units may be Type 2 rentals. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap." Section 2: That the City Council of the City of Fayet- teville, Arkansas hereby deter- mines that this ordinance should become effective with- out delay because reducing the number of available short term rental permits in the City of Fayetteville is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effec- tive immediately upon its pas- sage and approval. PASSED and APPROVED on July 6, 2023 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $136.50 July 10, 2023 304261 RECEIVED JUL 10 2023 GTMTfOCLERK'S OF9(CE