Capitol Zoning District Commission Staff Report 11/05/2020 Dac / Bim

CAPITOL ZONING DISTRICT COMMISSION STAFF REPORT 11/05/2020 DAC / BIM

Location: 1214 West Sixth Street Applicant: Matt Looney for Capitol View Apartments, LLC Permit Type: Temporary Use Permit

Project Description: The owner proposes to use five apartment units as short-term rentals, marketed on home- sharing websites such as Airbnb.

Historic Significance: This property was originally adjacent to a complex of houses on the southwest quadrant of Block 304, listed as N.W. Herron Green Houses. The lot itself originally held an outbuilding for what seems to be the larger complex but was cleared by the early 1910s. The brick veneer apartment building that stands today was in place by 1939 at a time when the historically residential block between Cross, Pulaski, Capitol, and 6th Streets was becoming more commercial in character. By the midcentury, almost all the original houses on the block were removed in favor of larger commercial buildings and parking lots. The current owner purchased the property in 2018 and has since renovated it for continued use as am apartment building.

Previous Action: Staff granted an occupation permit for a lawn service in 1997. Some interior and utilities renovations were approved in 2008. Staff issued a permit to replace the siding in 2013 and another for a roof replacement in 2017. Staff granted a permit in 2019 to install a privacy fence around the east parking lot and another for various exterior rehab work such as a roof replacement and front entrance rehabilitation using in-kind materials in keeping with historic appearance. A subsequent amendment to this permit allowed for replacement of non-original windows.

In August 2020, an application to use the building for 18 apartment units was denied by staff because the proposal exceeded the maximum allowable residential density for this zone (1 dwelling unit per 1,200sf of lot area). A revised application to the put the building back into service as 15 units was subsequently approved by staff, since this had been the “grandfathered” use, pre-dating the creation of the District. (The request for 18 units had represented an expansion of the non-conforming use, a type of change not generally allowed.)

In October 2020, staff discovered the owners had replaced the original windows on the front of the building and installed front porch columns and a lighted sign. The sign covers the historic transom window and the sidelight flacking the front door had been replaced with models narrower than the historic opening. These changed were not contemplated in the 2019 permit to rehabilitate the exterior.

Zoning: The property is located in Zone “A,” State Capitol Foreground. This mixed-use zone calls for medium- scale office and commercial buildings, with some taller structures allowed along Capitol Avenue.

Similar Cases: The Commission has issued several permits over the years for bed-and-breakfast uses, including 2120 S. Louisiana and 212 W. 22nd (Empress of Little Rock), 400 W. 18th (Rogers House), 1700 S. Louisiana (Carriage House Bed and Breakfast), 2021 S. Arch (Robinwood Bed and Breakfast), and 1868 S. Gaines (Quapaw Inn). In 2008, the Commission issued permits for guest houses at 515 W. 15th and 1410-12 S. Arch (Rosemont Cottages).

Since the rise of web-based “home-sharing” platforms like Airbnb and VRBO, the Commission has considered several applications for short-term rental uses. The Commission has generally approved these requests, except for one application in Zone M (Mansion Area residential). See the table below.

Recent applications for short-term rental uses in the Capitol Zoning District

OWNER UNITS UNITS YEAR ADDRESS AREA / ZONE OCCUPIED REQUESTED APPROVED 2018 705-707 Dennison Capitol / B No 3 3 2019 1800 S. Arch Mansion / M Yes 1 1 2019 1300 S. Broadway Mansion / N No 1 1 2019 2020 S. Broadway Mansion / N No 1 1 2019 1500 S. Spring Mansion / M Yes 1 1 2019 1601-1605 Center Mansion / M No 3 0 2020 1712 S. Broadway Mansion / N No 4 4 2020 1719 S. Arch Mansion / M Yes 3 3 2020 108 S. Pulaski Capitol / B No 1 1 2020 1424 S. Main Mansion / O No 16 8

Capitol Zoning District Commission Rule, Section 2-108, Non-Conforming Uses of Land and Structures B. Uses of Land 1. Authority to Continue Any lawfully existing non-conforming use of part or all of a structure … may be continued, so long as it remains otherwise in conformance with the provisions of this section. The property’s use as a 15-unit apartment building may continue as a legal, non-conforming use under this section. See Standard Z2.2, below.

5. Change in Use Existing lawful use of land which does not conform to the provisions of this Rule at the date of adoption may continue. In no case shall a change from one non-conforming use group to another non-conforming use group, or change from one use to another within the same use group, be allowed nor permitted by the Capitol Zoning District Commission. One may contend that this provision precludes the Commission from allowing a change from 15 traditional apartment units to 10 traditional units and five short-term rentals. Staff believes this represents an unnecessarily stringent interpretation and holds that the Temporary Use Permit language “for activities otherwise prohibited” (Sec.2-105, C6.b, below) can accommodate the applicant’s request.

6. Abandonment or Discontinuance When a non-conforming use of land … is discontinued or abandoned for a period of 180 consecutive days (regardless of any reservation of an intent not to abandon and to resume such use), such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land … shall comply with the regulations of the zone in which such land or structure is located. Staff believes this language, however, might still be applicable. If the use of five units as traditional apartments is abandoned for more than 180 days, then this provision indicates they should not be put back into service.

Review Criteria for Temporary Use Permits: Capitol Zoning District Commission Rule, Section 2-105, Permit Approval Procedure C.6. A Temporary Use Permit may be issued to permit an activity and associated temporary signage that otherwise is not allowed by right. a. Staff may issue a Temporary Use Permit for an activity that would otherwise require a Conditional Use Permit and/or full enclosure if staff determines the proposed activity substantially complies with all of the following standards: (i) The proposed use or activity is so designated, located and proposed to be operated in such a manner that the public health, safety and welfare will be protected. (ii) The proposed use or activity is compatible with and will not adversely affect other property in the area where it is proposed to be located. (iii) The proposed use or activity would not exceed fourteen (14) days in duration. (iv) All requirements of other public agencies would be met. (v) Any associated signage would not be permanently affixed, would not exceed thirty-six (36) square feet, and would be removed in a timely fashion following the proposed use or activity. (vi) The maximum time approved for all Temporary Use Permits issued by staff for the property in question would not exceed eight (8) weeks per 12-month period. b. If the Staff determines all of these standards will not be met, the application shall be scheduled for a public meeting before the Commission. The Commission will also review all Temporary Use applications for activities which would otherwise be prohibited. (i) When reviewing requests for Temporary Use permits, the Commission shall consider the criteria above, as well as the impact of the proposed activity on the property, on neighboring properties, and the goals of the Master Plan. (ii) A Temporary Use Permit may be granted by the Commission for any time period up to one year from the date of issuance. Changing from 15 traditional apartment units to 10 traditional units and five short-term rentals is a change that would be otherwise prohibited. See Section 2-108, B5, above. The Commission may approve the requested use for up to one year. (After that, it will have to be discontinued or re-approved.)

F. 1. All changes in the Capitol Zoning District will be evaluated according to the General Standards and the applicable Area Master Plan Also, a. Changes to historic structures or site features shall be evaluated according to the Rehabilitation Standards for Historic Properties. i. Structures and site features 40 years or older are assumed to be historic, unless they have been significantly altered, and reversing the alteration(s) would be impossible or wholly unreasonable. …… F.5. (a) In reviewing the application, the Commissioners shall consider the application and base their decision upon the report of the Staff … advice from Advisory Committees, impact of the proposal on the property, neighboring properties, the District as a whole, the goals of the Master Plan, any applicable review criteria, and the evidence or testimony presented by the applicant(s) and other interested parties. The Commission shall approve the permit(s) if it finds the proposal to be substantially consistent with the applicable review criteria … Staff finds the proposal should be evaluated using the General Standards and the Capitol Area Master Plan. Any changes to the structure should also be reviewed under the Rehabilitation Standards.

Capitol Zoning General Standards, Section 3-201 Zoning Requirements Z2. Zone “A”, State Capitol Foreground - This area should develop as a professional office center with supporting commercial uses. Medium-scale offices should be the predominant building type, with taller structures allowed on Capitol Avenue. 2. Ground coverage ratios Lot area per dwelling unit = minimum 1,200 square feet County assessor’s records indicate the lot is only 7,400sf, yielding a maximum of six allowable dwelling units. However, the property’s use as 15 units appears have pre-dated the creation of the District.

4. Permitted uses Allowed by right = Residential 2, Office 1 - 2, Commercial 1 Conditional uses = Residential 1, Civic 1- 3, Commercial 2 - 4 Capitol Zoning General Standards, Section 3-203 Use Groups U.16 OTHER USES (1.) For any use not listed in one of the above groups, the Commission or its staff shall determine on a case-by-case basis which Use Group the proposed use most closely resembles, following due consideration. The list of uses does not include “short-term rental”. However, the use group Residential 2 (Multifamily) includes “bed and breakfast house (maximum 5 guest rooms).” Staff believes the proposed use can be categorized in this group as five (5) units.

Capitol Zoning General Standards, Section 3-301, Parking Requirements P1. Requirement There shall be provided for each use in any zone the number of off-street parking spaces required for that use … P14.Required parking spaces by use 4.) Residential (bed & breakfast house) = 1 per guest room plus one for residence The owner proposes to rent five units, creating a need for 5 spaces. The remaining 10 units will be used as apartment units, requiring 10 more spaces. The property has two designated off-street parking areas with room for over 20 vehicles, more than enough to meet this requirement.

Capitol Zoning General Standards, Section 3-401, Signage Requirements S.2 Allowable Signage in Zones A, C and D Signs consistent with these requirements, per each permitted use, may be approved at the staff level: 1. One wall sign not to exceed 24 square feet … S.7 Signs allowed with Commission review 1. These signs will be considered by the Commission on a case by case basis: c. Internally-lit signs: Signs with an internal light source, including neon signs, will be considered only within the Capitol Area and in Zone O. 2. When evaluating the appropriateness of a proposed sign, the Commission shall consider the following criteria: d. Whether any significant historic or architectural features of the property will be obscured, damaged, or otherwise affected. Even though the Commission can approve lighted signs on a case-by-case basis in this zone, staff does not believe placement over the historic transom windows represents an appropriate location. See condition #3 under Staff Recommendation.

Capitol Zoning Rehabilitation Standards, Section 4-104, Preservation Principles Principle 1: Respect the historic design character of the building. Principle 3: Protect and maintain significant features and stylistic elements. Principle 4: Preserve any existing original site features or original building materials and features. Principle 5: Repair deteriorated historic features, and replace only those elements that cannot be repaired. Staff believes the installation of front porch columns is generally in keeping with these principles, but the replacement of historic windows with vinyl models is not, nor is the replacement of the front entry sidelights with new models that do not match the width of the opening.

Capitol Zoning Rehabilitation Standards, Section 4-203, Windows Policy: The character-defining features of historic windows and their distinctive arrangement on a wall should be preserved. In addition, a new window should be in character with the historic building. This is especially important on primary facades. Staff believes the applicant has not complied with this policy regarding window replacement

*R3.1 Preserve the functional and decorative features of a historic window. • Features important to the character of a window include its frame, sash, muntins, mullions, glazing, sills, heads and jambs. Repair frames and sashes rather than replacing them, whenever conditions permit. *R3.5 Match a replacement window to the original in its design. • If the original is double-hung, then the replacement window also should be double-hung or, at a minimum, appear to be so. Match the replacement also in the number and position of glass panes. • Matching the original design is particularly important on key character-defining facades. *R3.6 In a replacement window, use materials that appear similar to the original. • Using the same material as the original is preferred, especially on character-defining facades. However, a substitute material may be considered if the appearance of the window components will match those of the original in dimension, profile and finish. • The finish must appear similar to that of painted wood. • Match, as closely as possible, the profile of the sash and its components to that of the original window. Staff believes the applicant has not complied with these standards regarding window replacement. Staff issued a permit in 2019 for replacement of non-historic windows, which were on the sides of the building. The front (6th Street) windows appeared to staff to be originals. As of the date of this application, the applicant replaced or covered the historic front windows with those of different materials and appearance. See condition #3 under Staff Recommendation.

Capitol Zoning Rehabilitation Standards, Section 4-204, Doors Policy: The character-defining features of a historic door and its distinct materials and placement should be preserved. In addition, a new door should be in character with the historic building. This is especially important on primary facades. * R4.1 Preserve the decorative and functional features of a primary entrance. • These include the door, door frame, screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking sidelights. • Avoid changing the position and function of original front doors and primary entrances. • Also maintain the size and shape of original door openings * R4.2 When a historic door is damaged, repair it and maintain its general historic appearance. • Altering its size and shape is inappropriate. * R4.3 When replacing a door, use a design that appears similar to the original or to one associated with the style of the house. Staff believes the applicant has not complied with these standards and policy regarding alterations to the front entrance. The sidelights have been replaced with models that don’t fill the original opening, and the transom window has been covered by a sign. See condition #3 under Staff Recommendation.

Capitol Zoning Rehabilitation Standards, Section 4-205, Porches Policy: Where a porch is a primary character-defining feature of a front facade, it should be maintained. If the original porch is missing, a replacement porch should be constructed to be in character with the original in terms of its scale, materials and detailing. * R5.1 Preserve an original porch. • Maintain the basic porch structure as well as its distinctive trim features. • Replace missing posts and railings when necessary. Match the original character of porch columns … * R5.4 If porch replacement is necessary, reconstruct it to match the original in form and detail. • Use materials similar to the original. • Speculative construction of a porch is discouraged. Avoid applying decorative elements that are not known to have been used on such houses. • If no evidence of the historic porch exists, a new porch may be considered that is similar in character to those found on comparable buildings in the neighborhood. Staff believes the installation of front porch columns, though never having received approval, is generally consistent with these standards and policy.

Capitol Area Master Plan, Section 5-201 (A), Goals for the Capitol Area 1. To activate the area with a mix of uses The Capitol Area should accommodate a variety of users: This should include legislators, trade associations and service businesses. In addition, tourists and local residents should be recognized as important user groups. Promoting a mix of uses will support a lively neighborhood in use twenty-four hours a day. 3. To promote the development of housing that is compatible with the scale of the neighborhood. Construction of moderate density housing should be encouraged. This includes patio homes, townhomes and low-rise apartments. Densities should vary to be compatible with the context of the specific character area. 8. To enhance the character of individual neighborhoods within the Capitol Area The tradition of having neighborhoods with distinct identities should be continued. For example, where historic residential buildings survive in sets, that character should be preserved. Staff believes proposal to use five units as short-term rentals is generally consistent with these goals.

Capitol Area Master Plan, Section 5-202 (A), Zone "A"- State Capitol Foreground 1. This area should develop as a professional office center with supporting commercial uses that create a spine linking the Capitol Area to Downtown. A mix of governmental and private professional offices should be the prominent use with service businesses, dining and retail uses supplementing. 6. The commercial areas to the north and south of Capitol Avenue should also continue to develop as a concentration of governmental offices and commercial uses, including professional offices and support businesses, but at a density that is slightly lower than that along Capitol Avenue itself. Although short-term rentals are not specifically mentioned, staff believes proposal is generally consistent with the spirit of these recommendations.

Staff Recommendation: Staff recommends approval of a Temporary Use Permit for one year with the following conditions: 1) That all state and city codes be followed at all times; 2) That the property be maintained in a neat and safe condition at all times; and 3) That prior to issuance of the permit, the owner will remedy prior work by: a) removing the sign and uncovering the transom windows; b) installing sidelights on either side of the front door that substantially resemble the originals’ materials and appearance. c) installing windows in the front façade that substantially resemble the originals’ materials and appearance.

Details from Sanborn Fire Insurance Co. Maps

1897 1913

1939 1950

Archive aerial photos

1960 1974

1980 2005

Google Maps imagery

Sometime between 2011 (left) and 2014 (right), the previous owner enclosed the sidelight to the right of the front door. This change was not permitted.

February 2019 Photos

A permit in February 2019 called for re-roofing, repainting, and repairs to the front entrance, with the condition that all replacements be in keeping with the originals’ materials and appearance.

April 2019

In April 2019, staff learned replacement windows were being installed. An amendment to the earlier permit allowed for replacement of non-original windows. Note that several of the windows above, particularly those on the front façade, appear to still be original.

Current Photos

Front and east side of the building. Note that several of the historic windows seen in earlier photos have been replaced with vinyl models. The historic transom window has been covered by a sign, and the sidelights to the left and right of the front door have been replaced with narrower models, roughly half the width of the originals.