Planning commissioner Ann Sallee said she got confused at the May 9 meeting in which commissioners recommended rezoning 38 Prospect from R-1 to C-3 because the owners might want to return the property to its former use as a Bed & Breakfast. She said the Episcopal Church across the street from 38 Prospect holds a Conditional Use Permit for an after-school program, and the 200-ft. rule prevents the city from issuing a CUP for a property within 200 feet of another CUP. Sallee noted the two uses are very different, and commissioners might not have rezoned 38 Prospect except for the 200-ft. rule.
Susan Harman said the intent of the rule was to protect neighborhoods, but wondered if was still the best way to accomplish the intent. Commissioner Doug Breitling commented this was an example of “the practicality of Eureka Springs” in its attempt to protect neighborhoods. Because of the 200-ft. rule, a hair salon could not open within 200 feet of a B&B, and Breitling contended this is why the phrase “same or similar” was once written into Code. He suggested they consider establishing classifications of uses.
Sallee insisted the end result needed to be as “black and white as possible.”
Chair Melissa Greene said because of the CUPs already issued, there are only a couple pockets in residential areas where another could be issued because of the 200-ft. rule. She asked commissioners if they wanted to keep the rule or make a change.
Harman said she was conflicted. Since the purpose was to protect neighborhoods, she said it would make sense to use classifications or some distinguishing criteria, but she was not ready to decide on dropping the rule.
Commissioner Woodie Acord said he wanted to know more about CUPs that are not being used. He suggested there should be a mechanism for expiring them if they went unused for a period of time. Breitling liked Acord’s idea but was not sure how they could determine if some CUPs were active or not.
Greene produced a list of properties with a CUP, a list commissioners they did not have, and said she would make sure they get it. Breitling noted they will be sending their recommendations for revised definitions to council next month, and his opinion was to “let the 200-ft. rule go through the process at council.”