The Planning Commission has three vacancies, but the remaining four commissioners constituted a bare quorum at the April 23 meeting. Discussion continued on two major topics of concern, the tree ordinance and regulation of bed & breakfast operations.
Commission Chair Ann Sallee explained some of the history behind the B&B discussion to Fergie Stewart and James Mitchell, both relatively new to the commission. She said commissioners discovered late last summer that rules and regulations require an annual review of Conditional Use Permits. Those not operating in compliance with their CUPs can have their permits revoked, or they may be ordered into compliance.
The commission had sent out affidavits to B&B operators earlier this year in an effort to certify that an owner or manager lived on site. Some language in city codes remains vague on whether the operator can live across the street. “On site, as I understand it, is the site of what was approved,” Sallee said. “I do not interpret this to mean that you can move across the street… or have a neighbor run it, because then it becomes tourist lodging.”
She said code requires the owner or resident manager to occupy the premises at all times, and the commission can take action against anyone violating the terms of a CUP. Sallee suggested returning to this at the May 14 meeting to clarify definitions before proposing a new ordinance to city council.
Tree ordinance
Commissioners have discussed several areas of concern to address in a new tree ordinance. They scheduled a workshop last month, but Chris Fischer was unable to attend. He had planned to lead the commission through issues such as replacement trees and “antique” trees.
Commissioner Tom Buford has worked on a new tree ordinance, and has researched other similar cities. He said other ordinances include more detail about replacement trees, including provisions for maintaining those trees. Other cities with tree ordinances either had an arborist on staff or available as a consultant. Eureka Springs has special circumstances compared to the other municipalities Buford studied. Smaller lots may not have space for replanting trees.
A workshop is planned for 5 p.m. on Tuesday, May 14, before the regular meeting at 6 p.m. Discussion will include changing the classification from “antique tree” to something more understandable. A new ordinance may also include more specific language about removal of dead or fallen trees. Commissioners may have a site visit before that meeting, and plan to schedule it before the workshop. They may schedule a walking tour with Fischer prior to that meeting to see how existing codes would affect various lots in town. Public notice will be given.