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HomeMy WebLinkAboutStaff Report for Z-9766-AOctober 12, 2023 ITEM NO.: 11 FILE NO.: Z-9766-A NAME: Moreno STR-2 – PD-C LOCATION: 13008 West Markham Street AUTHORIZED AGENT: Mark Redder Holloway Engineering 200 Casey Drive Maumelle, AR 72113 (501) 851-3366 OWNER: Raul Moreno, Jr. SURVEYOR/ENGINEER: Holloway Engineering 200 Casey Drive Maumelle, AR 72113 501) 851-3366 AREA: 0.61 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 18 CENSUS TRACT: 42.18 CURRENT ZONING: O-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.61 acre site located at 13008 West Markham Street from O-3 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The structure will be rented as one unit. The owner will not reside at the residence. October 12, 2022 ITEM NO.: 11 (Cont.) FILE NO.: Z-9766-A 2 B. EXISTING CONDITIONS: The property consists of a brick frame house with four bedrooms and four baths. A concrete driveway provides parking for at least two cars. Surrounding the application area is mainly O3 and POD. Future land use map shows the zoning for office (O). C. NEIGHBORHOOD NOTIFICATIONS: 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 received. Entergy: No comments received. Summit Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two-Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. October 12, 2022 ITEM NO.: 11 (Cont.) FILE NO.: Z-9766-A 3 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2021 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marsha’ls Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Ellis Mountain Planning District. The Land Use Plan shows Office (O) for the requested area. The Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The application is to rezone from O-3 to PD-C. This site is at the southwest corner of West Markham Street and Gamble Road. Adjacent to the site on the southwest corner are professional offices. East of Gamble Road is a faith-based institution. North of West Markham and east of Gamble Road are commercial strip uses. An auto dealership is located on the northwest corner. Master Street Plan: West Markham Street and Gamble Road are Collectors on the Master Street Plan Map. A Collector is designed to connect traffic from Local Streets to Arterials or to October 12, 2022 ITEM NO.: 11 (Cont.) FILE NO.: Z-9766-A 4 activity centers, with the secondary function of providing access to adjoining property. The standard Right of way is 60’. Sidewalks are required on one side. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: There are no Bike Routes in the vicinity. Historic Preservation Plan: There are no historic structures or districts in the area. H. ANALYSIS: The applicant proposes to rezone 0.61-acre site located at 13008 West Markham Street from O-3 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The structure will be rented as one unit. The owner will not reside at the residence. The property consists of a brick frame house with four bedrooms and four baths. A concrete driveway provides parking for at least two cars. Surrounding the application area is mainly O3 and POD. Future land use map shows the zoning for office (O). 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: 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. 5. Parking plan must be provided with permit application. Off-Street Standard for STRs shall be provided in accordance with Little Rock October 12, 2022 ITEM NO.: 11 (Cont.) FILE NO.: Z-9766-A 5 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. 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. October 12, 2022 ITEM NO.: 11 (Cont.) FILE NO.: Z-9766-A 6 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. Currently the City of Little Rock Department of Planning and Development has eighteen (18) short-term rentals (STR-1 and STR-2) listed within the database for approved of short-term rentals in the City of Little Rock. The City’s new short-term rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. Staff is not supportive of the requested rezoning from O3 to PD-C. Staff feels the request does not conform to the development pattern in this area. Staff feels that the best use for this property is an O-3 permitted use, as the current zoning allows. I. STAFF RECOMMENDATION: Staff recommends denial of the requested rezoning.