Planning commission approves conditional-use permit for short-term rental at 311 Highland Drive

The Arkansas City Planning Commission approved a conditional-use permit to allow a short-term rental at 311 Highland Drive in the Hillside neighborhood at a public meeting (date not specified in the transcript). The commission approved the permit by roll-call vote with all members voting yes.

Planning staff Josh said, "the proposal is again to put in a short term rental in an r 2 district at 311 Highland Drive, and that does require a conditional use permit according to our regulations." He told the commission the house was built in 1959, sits on a little over a quarter acre and that short-term rentals in the city generally were established before the current regulation took effect.

The commission attached conditions to the approval intended to limit neighborhood impact: a maximum of five guests per night, no pets, a requirement that the property meet applicable building and fire codes (including smoke detectors), and an encouragement that guests park off-street. Planning staff also recommended adding language to limit automatic continuation of the permit on ownership transfer unless the new owner seeks reapproval.

Josh summarized the definition of the use under state guidance: "Anything less than a month is considered short term," and said he did not expect rentals of a month or longer. Neighbors asked several questions during the public hearing about daytime visitor limits, who to contact for complaints and whether the owner would maintain a local contact. Pam Nystern, a nearby resident, said she lived at 301 Ireland and asked how enforcement and guest limits would work. Ron Shiner, who identified himself as the local contact and the property owner’s brother, told the commission, "I could be contacted. I'm, I live here in town, and, it's my sister's property."

Commissioners discussed the usual practice that a conditional-use permit runs with the land but noted the commission can add conditions tying the permit to ownership changes; they asked staff to include the transfer language if the commission chose to do so. Staff said zoning violations would be handled as other violations and that the city could revoke the permit if conditions were violated.

The commission voted by roll call to approve the conditional-use permit with the described conditions. The roll call recorded: Commissioner Mike Berganini, aye; Commissioner Lloyd Colston, aye; Commissioner Brandon Jellings, aye; Commissioner Chris Johnson, aye; Commissioner Dwayne Eastman, aye; Commissioner Cody Richardson, aye; and Commissioner Dottie Smith, aye.

The item concludes with staff noting there will be no February meeting and that sign regulations would go to the city commission next week.