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HomeMy WebLinkAboutPC Minutes for 9772 - JULYJuly 13, 2023 ITEM NO.: A FILE NO.: Z-9772 NAME: Artis – Short-Term Rental – PD-C LOCATION: 48 Dartmouth Drive DEVELOPER: Terry Raynor (Owner) 48 Dartmouth Lane Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: Myka Artis (Agent) 7500 Marsland Lane Arlington, TX 76001 SURVEYOR/ENGINEER: Smith & Goodson 7509 Cantrell Road Little Rock, AR 72207 AREA: 0.57 acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 11 CENSUS TRACT: 24.08 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone a 0.57-acre property located at 48 Dartmouth Drive from R-2 to PD-C to allow use of the property as a Short-Term Rental with a maximum stay of fourteen (14) days. The owner will not reside in the residence. The residence will be rented as one (1) unit. July 13, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9772 2 B. EXISTING CONDITIONS: The property contains an existing 1-story wood-frame and brick structure. Access is provided from a concrete driveway which extends from Dartmouth Drive. The property is primarily surrounded by R-2 zoning in all directions. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments. Entergy: No comments received. Summit Utilities: No comments. AT&T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments received. July 13, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9772 3 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the I-430 Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The application is to rezone from R2 (Single Family District) to PDC (Planned Development Commercial) District. The request to to allow the existing structure to be used as a Short Term Rental (STR). Surrounding the application area, the Future Land Use Map shows Residential Low Density (RL) to the east northeast and southeast. This is a mostly developed single-family subdivision with residences on mostly the lots. To the west is an area of Park/Open Space (PK/OS) marking a transition to Residential High Density (RH) further to the west. The Park/Open Space (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land developed with a nursing and rehabilitation facility. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. This land is developed with a rehabilitation facility and a retire community. The land is zoned MF-12 (Multi-Family District, 12-units/acre) and MF18 (Multi-Family, 18 units/acre). The PK/OS area continues to the south which is the neighborhood home-owners association park. To the southeast of the site beyond the RL is an area of Public/Institutional (PI) with a public school and Faith based organization. The Public/Institutional (PI) category includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. Master Street Plan: To the east of the site is Dartmouth Drive, a Local Street on the Master Street Plan Map. Local Streets are designed to provide access to adjacent property with the movement of traffic being a secondary purpose. Right-of-Way (ROW) is 50’. Sidewalks are required on one side. This street may need additional ROW or paving width. Bicycle Plan: There are no existing or proposed bike routes adjacent to or through this land. July 13, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9772 4 Historic Preservation Plan: There are no Historical Sites or Districts in the vicinity. H. ANALYSIS: The applicant proposes to rezone a 0.57-acre property located at 48 Dartmouth Drive from R-2 to PD-C to allow use of the property as Short-Term Rental with a maximum stay of fourteen (14) days. The owner will not reside in the residence. The entire residence will be rented as one (1) unit. A paved circle drive along Dartmouth Drive provides access to the residence. The residence contains a three (3) car garage and ample room for additional parking outside the garage if needed. Staff feels the parking is sufficient to serve the use. The property contains an existing 1-story wood-frame structure. The property is surrounded by R-2 zoning in all directions. A covered patio, deck and gazebo are located in the rear of the property. The applicant notes there will be no changes to the existing building footprint and the residence will continue to be a single- family residence. The applicant feels that allowing the residence to operate as a short-term rental will have positive impact on the community by providing additional lodging options for visitors to Little Rock who serve in the medical industry, construction, and those displaced while their homes are being rebuilt from fires. The applicant provided the following statement: “We are committed to being good neighbors and will take all necessary precautions to ensure that the property is well-maintained and that our guests are respectful to the community.” The applicant is not proposing any signage on the property at this time. Any signage must comply with Section 36-551 of the City’s Zoning Ordinance (signs permitted in residential one – and two-family zones). All trash pick-up shall comply with requirements for residential one – and two- family residential zones. The applicant provided responses and additional information to all issues raised during staff’s review of the application. The applicant is requesting no variances with the PD-C zoning request. Staff does not support the requested PD-C rezoning. Staff does not believe the request is reasonable and that the proposed commercial use is not appropriate for this location. The property is designated as “RL” Residential Low Density on the City’s Future Land Use Plan and is bordered in all directions by single family July 13, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9772 5 homes. Staff feels that the introduction of a commercial short-term rental will be out of character with the overall area. Staff believes that this type of short-term rental would be more appropriately located on the outer edge of a single-family subdivision, in a more transitional area, and not in the center of a single-family neighborhood. I. STAFF RECOMMENDATION: Staff recommends denial of the PD-C zoning request. PLANNING COMMISSION ACTION: (APRIL 13, 2023) The applicant was not present. There were no persons registered in opposition. Staff presented the item and a recommendation of deferral. The item remained on the consent agenda for deferral as recommended by staff. The vote was 7 ayes, 0 nays, 3 absent and (1) open position. PLANNING COMMISSION ACTION: (JUNE 8, 2023) Staff informed the Commission that the application needed to be deferred to the July 13, 2023 agenda. The item was placed on the Consent Agenda for deferral to the July 13, 2023 agenda. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was deferred. STAFF UPDATE: On June 20, 2023 the City Board of Directors passed an ordinance regulating short-term rentals within the City of Little Rock. The new ordinance establishes “development standards” for short-term rentals. If approved, the applicant must comply with the newly established development standards as follows, in addition to all other requirements of the new ordinance: b.) Development Standards. 1. Hosting of private parties and special events such as weddings, receptions, and other similar gatherings is not allowed in Short-Term Rentals. 2. Tours for a fee are not allowed to anyone other than an Occupant. 3. The Occupancy Fee may include any meal to be served to paying guests; no other meal service is permitted. July 13, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9772 6 4. Allowable signage is that as permitted by the Single-Family Residential Standard. 5. Parking plan must be provided with permit application. Off-Street Standard for STRs shall be provided in accordance with Little Rock Arkansas Code, Chapter 36 36-54 (e) (1). If on-street parking is proposed as an alternative to meet the above requirements, parking must be available for guest use within 330 feet of the STR and parking plan must address neighborhood impact. If the STR is proposed within a Design Overlay District, any alternate parking requirements, as provided in Little Rock, Arkansas Rev. Code, Chapter 36. Zoning, Article V. District Regulations shall be applicable. 6. Applicants shall provide a scaled floor plan that includes all of the rooms available for rent with location of windows, doors, and smoke detectors identified. Smoke detectors (certified) are required in all sleeping areas, in every room in the path of the means of egress from the sleeping area to the exit, and in each story with sleeping unit, including basements. 7. All sleeping areas must have two (2) ways of egress, one of which can be an operable window. 8. Proof of homeowner's fire, hazard, and liability insurance. Liability coverage shall have limits of not less than One Million Dollars ($1,000,000.00) per occurrence. 9. All persons operating a Bed and Breakfast House/Short-Term Rental (Type I & 2) shall meet all applicable requirements of the City of Little Rock's Municipal Code, Chapter 12, Fire Prevention and Protection, Article II. Arkansas Fire Prevention Code. Prior to use as a Bed and Breakfast House/Short-Term Rental (Type 1 & 2), the annual City of Little Rock, Building Code and Fire Marshal inspection fee must be paid and payment of annual Business License received. 10. Smoke alarms shall be installed, all smoke alarms shall meet local and state standards ( current Fire Code). Smoke alarms shall be installed in all sleeping areas and every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 11. Carbon monoxide detectors shall be installed as directed by City Staff if there are fuel-fired appliances in the unit or the unit has an attached garage. 12. Five (5)-pound ABC-type extinguisher shall be mounted where readily accessible. 13. No recreational vehicles, buses, or trailers shall be visible on the street or property in conjunction with the Bed and Breakfast House/Short- Term Rental use. July 13, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9772 7 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. The owner shall not receive any compensation or remuneration to permit occupancy of a STR for a period of less than a one (1 )-day rental. PLANNING COMMISSION ACTION: (JULY 13, 2023) The applicant failed to send the notifications to surrounding property owners as required. The application has previously been deferred two (2) times, which is the maximum allowed deferrals according to the Planning Commission bylaws. Therefore, staff recommends that the application be withdrawn, without prejudice. The application remained on consent agenda for withdrawal. There was a motion to withdraw the application and seconded. The vote was 9 ayes, 0 nays, 1 absent and 1 open position. The application was withdrawn.