The Planning Commission has a current focus on updating and clarifying the city’s requirements for bed and breakfasts or other tourist lodging in residential areas.
The city currently has a moratorium on new Conditional Use Permits for B&Bs. Commissioners have worked at recent meetings to create a more efficient application procedure before the moratorium expires in August.
An hour-long workshop preceded the commission meeting on March 12, and the topic consumed a large portion of the regular meeting agenda. City Clerk Ida Meyer attended the meeting and spent half-an-hour at the podium. Meyer outlined the procedures she uses in issuing business licenses.
“When someone comes in about lodging in a residential zone, if I have any questions, I’ll call Kyle,” she said, referring to Kyle Palmer, the city’s Director of Planning and Community Development. Meyer said she would not issue a business license before someone came before the Planning Commission. Someone applying for a business license as a B&B would also need a certificate of occupancy from Building Inspector Jacob Coburn.
Meyer and the commissioners agreed on the need for an annually updated list of tourist-lodging businesses, whether operating under a CUP or grandfathered status. Such a list would help the City Advertising and Promotion Commission to ensure that businesses collect and forward taxes.
Chair Susan Harman asked what would happen if a business did not pay CAPC taxes, and Meyer said enforcement of collections would be up to the CAPC. However, if the CAPC notified her that a business was delinquent in collections, she could remove a business license.
Harman also asked how the commission could learn if a lodging business was current in paying taxes before approving a transfer of a CUP. Palmer said he has not handled a transfer recently, but in the past, he could ask the CAPC about collections at a property. Palmer also explained that some businesses operate illegally “intentionally,” and he has an inquiry with City Attorney Forrest Jacobi regarding the possibility of shutting off utilities to those operating without permits. The City of Fayetteville uses this procedure.
Workshops on this topic are scheduled at 5 p.m. on April 9 and May 14, before the regular monthly commission meetings.
In other business:
- The Eureka Springs Historical Museum received permission to cut five trees from the hillside behind the museum. Director Jeff Danos explained that the trees are leaning toward the building. He noted that a tree had fallen on the cabin that once stood next to the museum.
- An application to build a single-family residence on a small lot between Dickey and Anderson Sts. was postponed. Adam Wilmot applied for a variance to build on a lot with 3,200 square feet. City codes require a minimum 10,000 square feet for a lot, but commissioners have recently considered ways to allow building on smaller lots. Wilmot was expected to attend by Zoom but did not establish a connection. Harman noted that many trees would need to be cut, and a retaining wall might be needed for erosion control. The sale of the property depends on approval of the application, and the commission may call a special meeting if needed to consider the application further.
- Sidewalk issues continued to occupy the commission. Harman pointed out that commissioners had approved a subdivision on Pivot Rock Road without requiring sidewalks, although the commission has the authority to require sidewalks as part of an application. Others suggested explicitly noting on applications that the commission can require sidewalks or curbs and gutters. Although some questioned the need for sidewalks in the new subdivision, other areas of the city have more pressing needs. Tourists often walk close to U.S. Hwy. 62, and sidewalks along the highway would make a big difference.
Harman said grant money may be available to help the commission pursue safer streets and sidewalks.
- Harman said she and commissioner Ann Tandy-Sallee had met with Mayor Butch Berry and Jacobi to look at issues related to enforcing the Spring Street parking ordinance. The ordinance restricts non-residential parking in particular areas. It was passed almost a year ago but has not yet been enforced.
- In recent meetings, commissioners have discussed excessive absences of commission members. Commissioner Tom Buford said he had heard from city council that the mayor and city council could remove a commissioner, but members of a commission could only request the intervention. Harman explained the importance of attendance. “If you’re on a commission, you need to come to meetings,” she said. Everyone will miss an occasional meeting, but she said commissioners need to “show respect” by their physical presence at meetings.
- Palmer sends a recap of each meeting to commissioners and the mayor. Tandy-Sallee suggested adding the members of city council to the email list, to “keep them up to speed.” Tandy-Sallee said she didn’t know if the aldermen would read the summary, but they would have the opportunity.