Future of CUPS in residential zones debated

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The Auditorium lobby was filled by a generous sampling of citizens who joined the Planning Commission August 28 for what Chair Ann Sallee said would be the first workshop, with more to follow, to discuss prohibiting new Conditional Use Permits in the R-1 zone.

Standing up to speak right away was former alderman James DeVito, who questioned the idea of CUPs in the first place. He claimed CUPs over time have morphed from a temporary permit to a permanent spot zoning which affects an entire neighborhood. He contended that bed & breakfasts are a commercial intrusion into a residential area and not necessarily positive for a neighborhood. He recommended eliminating CUPs altogether.

Alderman Kristi Kendrick mentioned that even if CUPs were eliminated, variances would still be possible.

City Clerk/Treasurer Ann Armstrong spoke up for the status quo. She said what is in City Code now works, and to propose eliminating all CUPs in that zone does not take into account all the long-term effects. She stated governing is not about what a person wants but what is best for all, and urged the commission not to take apart something that is working. She also mentioned that council had not asked Planning to take this on.

DeVito also stated in addition to the possibility of more B&Bs in neighborhoods is the fact that many properties are purchased as second homes leaving fewer places for the service sector and artists to live. The city is losing population and its workforce as a consequence. “Let’s cap it and live with what we have now,” he suggested.

Historic District Commission’s John Nuckols commented this problem is not unique to Eureka Springs and eliminating CUPs would not solve it. Folks would still be able to buy second homes here and the CUP process at least gives neighbors a chance to speak up.

Glenda Satterfield, on the other hand, was in favor of eliminating CUPs. She said people make an investment moving into a neighborhood, and residential areas should be protected. She maintained CUPs were a detriment to residential neighborhoods, and there were properties for sale elsewhere in town to convert into overnight lodging.

DeVito said the basic financial fact is if the supply of B&Bs is limited, the value increases. He insisted the city cannot continue to convert residential areas to commercial because the town needs residents to support businesses and schools.

Commissioner Susan Harman read a letter to Planning from Susan Porter, stating the trend for short-term lodging impacts affordable housing, which affects the workforce. She said she had not seen any facts supporting the need for more B&Bs, and questioned there was a shortage of them. She said other cities have capped the number of short-term lodgings in residential zones, and Eureka Springs is saturated.

Armstrong stated she has two B&Bs near her home and loves them, however she agreed with the alarm about declining population. To validate her support of the unique character of Eureka Springs, she read from a letter written by city planning expert Jim Von Tungeln who recommended caution discarding the town’s Master Plan, and insisted any change would need considerable input from residents.

Alderman Mickey Schneider stated they were all missing the point that visitors want to stay in B&Bs to have the feel of a family setting. They want to visit the neighborhoods because that is what Eureka Springs is famous for. She insisted the town exists on tourist dollars, and they should focus on supporting tourism rather than eliminating what brings folks to town.

Sallee asked for a show of hands who wanted the city to continue allowing new CUPs in the R-1 zone, and eight people raised a hand. Seven raised a hand for eliminating new CUPs, and at least as many others did not signify an opinion.

Sallee commented Planning would continue collecting data including pinpointing CUPs for a perspective of density, and said there would be other similar workshops.

Other business

  • Commissioners voted to defer discussion of the application for a three-unit B&B at 19 Thomas.
  • There was no discussion regarding application for two units of tourist lodging at 70 Dogwood Ridge because only four commissioners were present and one recused.
  • Commissioner Abbey Abbey presented her draft of a revised CUP application. She included pertinent sections of Code and a place for the applicant to certify he or she had read the requirements. She proposed CUPs should be recertified periodically just as a driver’s license must be renewed. There will be further discussion about the proposed form at the next meeting.
  • Commissioners mulled over a letter for B&B owners in the R-1 and R-2 zones regarding compliance with requirements of the CUP. Sallee insisted a show cause hearing would be the last resort toward ensuring permit holders abide by requirements of the permit.
  • There are two vacant seats on the commission.

Next meeting will Tuesday, Sept. 11, at 6 p.m.