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HomeMy WebLinkAboutStaff Report for Z-9769 072723August 10, 2023 ITEM NO.: A FILE NO.: Z-9769 NAME: Socios, LLC – Short-Term Rental – PD-C LOCATION: 4401-4405 Lee Avenue DEVELOPER: Socios, LLC (Owner) 16719 Cantrell Road Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Socios, LLC (Owner) 16719 Cantrell Road Little Rock, AR 72223 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.21 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.01 CURRENT ZONING: R-4 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.21-acre property located at 44010-04405 Lee Avenue from R-4 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 two (2) units since this structure is a duplex. August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 2 B. EXISTING CONDITIONS: The property contains an existing duplex wood-frame and brick structure. Access is provided from a concrete stairway which extends from the sidewalk of Lee Avenue. The property is primarily surrounded by R-4 zoning. C. NEIGHBORHOOD COMMENTS: All owners of property located within 300 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. August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 3 Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Heights/Hillcrest 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 R-4 (Two Family District) to PCD (Planned Development Commercial) District. The request is to allow the site to be used as a Short-Term Rental (STR). The application is within the Hillcrest Design Overlay District. Surrounding the application area, the Future Land Use Map shows a large area of Residential Low Density (RL) in all directions. The land is developed as a single- family subdivision with a mix of residential structures. To the north a block at Woodlawn is an area of Public/Institutional (PI) developed with a Faith based institution. 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: The site is located on the southwest corner of Lee Avenue and Walnut Street. To the north is Lee Avenue which is a Collector on the Master Street Plan Map. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials. On the east is Walnut Street which is a Local public street. Local Streets are designed to provide access to adjacent property with the movement of traffic being a secondary purpose. Right-of-way is 50’. Sidewalks are required on one side. These streets may require additional dedication of right-of-way and may require street improvements. Bicycle Plan: There are no existing or proposed bike routes adjacent to or through this land. August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 4 Historic Preservation Plan: The site is located in the Hillcrest National Historic District. There are Contributing Structures around the application area, however on this site the structures are undetermined. H. ANALYSIS: The applicant proposes to rezone 0.21-acre property located at 4401 – 4405 Lee Avenue from R-4 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 two (2) units since this structure is a duplex. The applicant provided the following description of the proposed short-term rental use: “Socios LLC has owned and operated this property since June, 2014 as a rental property. Most of the rentals are 30 days plus, however, when there are vacancies, we will accept shorter term rental. We take pride in our ownership, and we maintain the property and are selective of the tenants who rent the property. We do not have any development planned other than our current use”. The property contains an existing duplex wood-frame and brick structure. Access is provided from a concrete stairway which extends from the sidewalk of Lee Avenue. The property is primarily surrounded by R-4 zoning. The Future Land Use Map shows a large area of Residential Low Density (RL) in all directions. 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. 4. Allowable signage is that as permitted by the Single-Family Residential Standard. July 13, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9787 8. August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 5 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 August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 6 House/ShortTerm Rental use. 14. Principal renter shall be at least eighteen (18) years of age. July 13, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9787 9. 14. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 15. Simultaneous rental to more than one party under separate contracts shall not be allowed. 16. 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. The applicant is proposing no 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 PD-C 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 homes. Staff feels that the introduction of a commercial short-term rental will be out of character with the overall area at this time. The property has a history of being a long-term rental use. 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.