Planning pleads for public input on R-1 CUPS

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The Planning Commission has scheduled a workshop for Aug. 28 to discuss eliminating Conditional Use Permits (CUPs) in residential zones. “We want to hear what people have to say,” Chairman Ann Sallee said. The workshop will serve as an informal version of a public meeting, and commissioners agreed to postpone start of the regular meeting if necessary. Commissioner Susan Harman summarized the workshop as “the first step to get feedback on eliminating all conditional use permits in R-1.” R-1 is Victorian Residential.

Commissioners will meet again on Aug. 14, providing another opportunity to publicize the workshop.
At the meeting July 24, they stressed the importance of further public comment, but some commissioners aired their personal opinions. They looked at figures showing 46 lodging businesses in R-1 districts, and another six in R-2. Those businesses include B&Bs and other short-term rentals.

“I don’t have anything against B&Bs, but they’re saturating some neighborhoods,” Sallee said. “I don’t think residents have been given enough consideration.” She emphasized that a ban on future CUPs would not affect those already in operation and existing CUPs would still transfer with the sale of a property.

Sallee said she has received reports of people failing to operate properly under a CUP, such as some property owners receiving permits as B&Bs, but operating without a resident manager.

“I’m planning to send out letters,” she said. She explained that those who receive the letters would have an opportunity to correct shortcomings or show that they operate within their permits.

“I’m not for revoking anyone’s permit, but they need to comply,” Sallee said adding that she has documentation for the letters she will send.

Commissioners discussed the July 23 city council meeting, at which aldermen approved only two of the five ordinances proposed by Planning. Council rejected a proposal to revise the rule requiring at least 200 ft. between properties granted a CUP. That change would have included all portions of a property, not just road frontage. Council also rejected an ordinance presenting an updated definition for B&Bs.

Harman asked whether Planning has adequately informed council on items like these. “Are we giving them enough information?” she asked. “Would it help to have bullet points?”

During public comments, several people offered opinions about the proliferation of tourist lodging. Alderman Kristi Kendrick called for a moratorium on B&Bs, and said protecting residential neighborhoods was part of her motivation to run for city council. “Our Victorian residential district is a key to Eureka Springs’ charm,” she said. “This should remain a living, breathing city.” She described “a direct correlation between lack of affordable housing and short-term rentals.”

James DeVito said he represented Ward 2 for five terms on city council, and many of his constituents were displaced by commercialization. He described many residents of the city as “artists, musicians, and service workers, at the lower end of the economic scale.” In addition to the effects on the local work force, DeVito noted, “Every time you allow commercial intrusion into residential areas, you lower the value of commercial property.”

He asked commissioners to look to the example of larger tourist destinations in addressing this problem. He also announced his intention to run for city council again this year, and said he would attempt to pass an ordinance to address the problem.