ES Planning Commission seeks extension of moratorium

A moratorium on new bed and breakfast locations in residential areas will be extended until at least early 2024 if the Eureka Springs Planning Commission gets its way.

The commission voted unanimously at its July 11 regular meeting to request the Eureka Springs City Council to extend the moratorium — currently set to expire Aug. 15 — by six months.

“We did a six-month moratorium that would be coming up in August,” commission chair Susan Harman said. “So the question I have before we get to where it expires: Are you guys interested in extending that moratorium? Would you like to request that the city council completely do away with B&Bs? We already have no more tourist lodging in residential zones. Or are you just going to let expire?” The city council approved the moratorium as Resolution 833 at its Feb. 13 regular meeting. The resolution called for the moratorium to go into effect from midnight on Feb. 15 to midnight on Aug. 15.

The resolution imposed “a six-month moratorium on approval of new bed and breakfast conditional use permit or modifications of existing B&B conditional use permits in R1, R2 and R3 zones.”

The moratorium does not impact, in any way, any current B&B permits.

“We have a really, really strong planning commission, I’m really proud of them, and when they come to ask for something they have their reasons,” council member Melissa Greene said at the Feb. 13 meeting. “… I think that a lot of the reasons that asking for the moratorium is because we no longer have a need. We at one time had a need. We had a lot of empty houses. These people came and restored them.”

Commissioners talked at the July 11 meeting about capping the number of B&Bs in R-1, R-2 and R-3 zoned areas, but first want to do more research in how many licensed businesses are still open and which ones aren’t operating within regulations of the license.

“I do like the extension and then in six months go over the amount that are actually running bed and breakfasts and then we’ll know exactly where it sits because it could be closer to 15 after you go through the numbers,” commissioner Peter Graham said. “And 15 is plenty of bed and breakfasts if they’re operating fully as a bed and breakfast rather than nightly rentals.”

Commissioners talked about sending inquiry letters to licensed B&B owners.

“If we do send out letters, and if we do a six-month extension on the moratorium, it gives residents time to respond,” Graham said.

Harman said the issue has been going on for as long as she can remember.

“This is a constant. It’s a constant,” Harman said. “It’s constantly the same thing over and over and over again. It’s, you know, ‘we’re not doing breakfast.’ ‘We don’t actually live there.’ ‘But we agreed to a bed and breakfast license that said we had to do this, this and this.’ I mean, it just continues.

“So. we either need to figure out, and I know we’ve got some staff changes … but we need to figure out how to fix the problem or to just do away with the problem. Because 10 years from now we will all be saying the same thing, because I’ve been here 10 years and … the same stuff keeps coming up over and over again. And in good faith, the city has issued bed and breakfast licenses to individuals with the understanding that they knew exactly what was required of them. And unfortunately, some have decided that ‘I’m going to do this, but I’m not going to do this.’ ‘I’m going to do this, but I’m not going to do this.’ Do we just keep playing the game …?”

The city having the means to stay on top of enforcing the regulations is also an issue, commissioners said.

“Or does the city admit they can’t enforce and we just do away with them?” Harman said. “I honestly feel like the people who want to do the right thing are going to do the right thing. I honestly believe the ones that don’t want to do what is required because for whatever reason, it’s easier for them not to. … I don’t think that’s going to change.

“The problem is it always ends up at this table and we have to be the ones that say you either get to keep your or you don’t get to keep your CUP. And unfortunately, there are instances where we’ve sat at this table, even this year, that we have learned of things that have gone on, letters and discussions and whatever. And then we’re left with making the decision of whether or not they keep it or they don’t keep it, even though we haven’t been involved in the entire process.”

The lone pushback regarding the issue at the Feb. 13 meeting came from council member Terry McClung, who voted in favor of the moratorium, but stressed he was “sick of it.”