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HomeMy WebLinkAboutZ-9395 Staff AnalysisMarch 14, 2019 ITEM NO.: 12 FILE NO.: Z-9395 NAME: 1103 Ringo Airbnb Short -form PD-C LOCATION: 1103 Ringo Street DEVELOPER: Yelena Petroukhina 1323 W. 12t" Street Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: Annette Shead, owner Yelena Petroukhina, agent SURVEYOR/ENGINEE Edward Lofton Surveying 15415 Oakcrest Little Rock, AR 72206 AREA: 0.11 acres WARD: 1 CURRENT ZONING: ALLOWED USES: NUMBER OF LOTS: 1 PLANNING DISTRICT: 8 Two-family residential FT. NEW STREET: 0 LF CENSUS TRACT: 45 PROPOSED ZONING: PD-C, planned development commercial district PROPOSED USE: VARIANCENVAIVERS: 1. None requested. Airbnb, short-term rental March 14, 2019 SUBDIVISION ITEM NO.: 12 Cont. FILE NO.: Z-9395 BACKGROUND, On November 3, 1992, a conditional use permit application to allow for conversion of this residence into a day care center was withdrawn by the commission when it became evident that the then -applicant was not going to pursue the application. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is requesting approval of PD-C zoning for the site to allow for use of the existing residential structure as an Airbnb short term rental. The house has 2 bedrooms and 1 bath. The applicant states the house will be rented as a whole to one person/family at a time. The separate bedrooms will not be rented separately. The applicant states she will be renting the property primarily as a place for her mother to stay in when she comes to Little Rock. To support renting the house, the applicant would like to be able to rent it short term, ala Airbnb. There will be no changes to the property and no signage will be installed. B. EXISTING CONDITIONS: The site contains a one story, frame residential structure. A single -wide driveway off of Ringo Street provides stacked parking for two vehicles. The property is located at the edge of a residential neighborhood where the uses begin to transition to non-residential. The 0-3 and C-3 zoned properties to the north and east are occupied by single family residences. The R-4 zoned properties to the south and west are occupied by single family and two family residences. Across Chester Street to the east is the campus of Philander Smith College. One block to the south along Chester Street, a funeral home is located on 0-3 and 0-1 zoned property. C. NEIGHBORHOOD COMMENTS: Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown Neighborhood Association. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 15 feet radial dedication of right-of-way is required at the intersection of Ringo Street and West 11th Street. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements such as fences located in the right-of-way. FA March 14, 2019 SUBDIVISION ITEM NO.: 12 Cont. FILE NO.: Z-9395 E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authorit : Sewer Available to this site. Entergy: Entergy does not object to this proposal. Electrical service is already provided to the structure on this property. Contact Entergy in advance to discuss electrical service requirements, extensions, or adjustments to existing facilities. Centerpoint Energy: No comments received. AT&T: No comment received. Central Arkansas Water: No comments received. Fire Department: No comments. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: This request is located in Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-4 (Two -Family District) to PDC (Planned Development Commercial) to allow to rent entire house through Airbnb. Master Street Plan: East of the property is Ringo Street and it is shown as a Local Street on the Master Street Plan. North of the property is West 11th Street and it is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are K March 14, 2019 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z-9395 abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. SUBDIVISION COMMITTEE COMMENT: (February 20, 2019) The applicant and the property owner were present. Staff presented the item and noted little additional information was needed. In response to a question from staff, the applicant stated the house had two bedrooms and 1 bath and the house would be rented out as a whole, not by individual bedrooms. Public Works comments were discussed. Staff explained the concept of the radial right-of-way dedication. The comments from other reviewing departments and agencies were presented. The committee determined there were no other issues and forwarded the item to the full commission. ANALYSIS: The R-4 zoned lot located at 1103 Ringo Street is occupied by a 1,200 +/- square foot single family residence. The site also contains an accessory building. A single wide driveway off of Ringo Street provides stacked parking for two vehicles. The applicant is renting the house primarily to provide a place for her mother to stay when she comes into town. To support the rental costs, the applicant is requesting approval to utilize the structure as an Airbnb short term rental when her mother is not using it. She proposes to make the house available for rental as a whole on a short term basis, ala Airbnb. The home contains two bedrooms. The applicant does not intend to rent the bedrooms separately. Converting the home into a short term rental facility changes the character of the property. It will no longer meet the definition of a "dwelling"; thus, the proposal to rezone. Staff is not supportive of the proposal. As previously noted, the property is at the edge of a residential neighborhood. Single family homes are located to the north, south and west. Staff is concerned that the transient nature of a short term stay facility could have a destabilizing effect on the single family residences around the site. J. STAFF RECOMMENDATION: Staff recommends denial of the request. 12 March 14, 2019 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z-9395 PLANNING COMMISSION ACTION: (MARCH 14, 2019) The applicant was present. There were two registered objectors present. Staff presented the item and a recommendation of denial. Zoning and Subdivision Manager Dana Carney explained how the existing zoning regulations were applied to the various Airbnb-type, short term rental of homes and rooms in homes. He stated the applicant was proposing to make the whole house available for short term rental; thus the house was no longer being used as a single family dwelling and rezoning was required to allow the use. Elmania Donald, of 1100 South Ringo, spoke in opposition. He stated he had lived at his home for 39 years and was concerned about the amount of traffic at the site. He stated people were going in and out of the house at all hours. Mr. Donald said the applicant wasn't operating an Airbnb but was operating a "whorehouse." He was cautioned by the City Attorney to be respectful and careful of his comments. Mr. Donald spoke again of ongoing issues with traffic and trash at the site. The applicant, Yelena Petroukhina, addressed the commission is support of her application. She described the operation of the proposed Airbnb rental. She stated she lived only a couple of blocks from the site and regularly monitored the site. She stated she wanted to be in compliance with City Code, obtain a business license and pay the City's required taxes. Annette Shead, owner of the property, stated she owned several properties in the area and was committed to the neighborhood. She described upgrades that had been made to the property. She stated she also regularly monitored the property and had observed no issues. Charles and Kaitlin Lott, of 1022 W. 11th Street, spoke in support. They stated they were adjacent neighbors and had observed no issues and had no concerns with the use. Mrs. Lott stated she was a stay at home mom and, if there were any issues, she knows the applicant would respond. Ruth Bell, of the League of Women Voters, spoke of their concerns about the transient nature of the proposed use and the potential impact on nearby residences. She said this may be the wave of the future but not now at this site. In response to questions from the commission, staff stated his matter was brought to staff's attention via a complaint and these type of uses were difficult to track. S taff stated any change in policy regarding these types of uses would have to come about as a policy change and a change in the zoning ordinance. There then followed a general discussion of the issue of short term rental uses in residential neighborhoods. 5 March 14, 2019 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z-9395 Commissioner May commented that he did not want one of these uses next to his home. He said this type of zoning could affect single family neighborhoods. In response to a question from Commissioner Brock, Planning Director Collins stated the issue before the commission was the proposed rezoning of this property to allow continued short term rental of the house. There was some additional discussion of the policy as it exists. A motion was made to approve the application, including all staff comments and conditions, except the recommendation of denial. The vote was 4 ayes, 5 noes and 2 absent. The application failed. L FILE N NAME: 1103 Ringo Airbnb Short -form PD-C LOCATION: 1103 Ringo Street DEVELOPER: Yelena Petroukhina 1323 W. 12th Street Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: Annette Shead, owner Yelena Petroukhina, agent SURVEYOR/ENGINEER: Edward Lofton Surveying 15415 Oakcrest Little Rock, AR 72206 AREA: 0.11 acres WARD: 1 CURRENT ZONING ALLOWED USES: PROPOSED ZONING PROPOSED USE: VARIANCE/WAIVERS: 1. None requested. NUMBER OF LOTS: 1 PLANNING DISTRICT: 8 Two-family residential FT. NEW STREET: 0 LF CENSUS TRACT: 45 PD-C, planned development commercial district Airbnb, short-term rental FILE NO.: Z-9395 BACKGROUND: On November 3, 1992, a conditional use permit application to allow for conversion of this residence into a day care center was withdrawn by the commission when it became evident that the then -applicant was not going to pursue the application. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is requesting approval of PD-C zoning for the site to allow for use of the existing residential structure as an Airbnb short term rental. The house has 2 bedrooms and 1 bath. The applicant states the house will be rented as a whole to one person/family at a time. The separate bedrooms will not be rented separately. The applicant states she will be renting the property primarily as a place for her mother to stay in when she comes to Little Rock. To support renting the house, the applicant would like to be able to rent it short term, ala Airbnb. There will be no changes to the property and no signage will be installed. B. EXISTING CONDITIONS: The site contains a one story, frame residential structure. A single -wide driveway off of Ringo Street provides stacked parking for two vehicles. The property is located at the edge of a residential neighborhood where the uses begin to transition to non-residential. The 0-3 and C-3 zoned properties to the north and east are occupied by single family residences. The R-4 zoned properties to the south and west are occupied by single family and two family residences. Across Chester Street to the east is the campus of Philander Smith College. One block to the south along Chester Street, a funeral home is located on 0-3 and 0-1 zoned property. C. NEIGHBORHOOD COMMENTS: Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown Neighborhood Association. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 15 feet radial dedication of right-of-way is required at the intersection of Ringo Street and West 11th Street. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements such as fences located in the right-of-way. 4 FILE NO.: Z-9395 Cont. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this site. Entergy: Entergy does not object to this proposal. Electrical service is already provided to the structure on this property. Contact Entergy in advance to discuss electrical service requirements, extensions, or adjustments to existing facilities. Centerpoint Energy: No comments received. AT&T: No comment received. Central Arkansas Water: No comments received. Fire Devartment: No comments. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: This request is located in Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-4 (Two -Family District) to PDC (Planned Development Commercial) to allow to rent entire house through Airbnb. Master Street Plan: East of the property is Ringo Street and it is shown as a Local Street on the Master Street Plan. North of the property is West 11 t" Street and it is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. 3 FILE NO.: Z-9395(Cont.) Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. SUBDIVISION COMMITTEE COMMENT: (February 20, 2019) The applicant and the property owner were present. Staff presented the item and noted little additional information was needed. In response to a question from staff, the applicant stated the house had two bedrooms and 1 bath and the house would be rented out as a whole, not by individual bedrooms. Public Works comments were discussed. Staff explained the concept of the radial right-of-way dedication. The comments from other reviewing departments and agencies were presented. The committee determined there were no other issues and forwarded the item to the full commission. ANALYSIS: The R-4 zoned lot located at 1103 Ringo Street is occupied by a 1,200 +/- square foot single family residence. The site also contains an accessory building. A single wide driveway off of Ringo Street provides stacked parking for two vehicles. The applicant is renting the house primarily to provide a place for her mother to stay when she comes into town. To support the rental costs, the applicant is requesting approval to utilize the structure as an Airbnb short term rental when her mother is not using it. She proposes to make the house available for rental as a whole on a short term basis, ala Airbnb. The home contains two bedrooms. The applicant does not intend to rent the bedrooms separately. Converting the home into a short term rental facility changes the character of the property. It will no longer meet the definition of a "dwelling"; thus, the proposal to rezone. Staff is not supportive of the proposal. As previously noted, the property is at the edge of a residential neighborhood. Single family homes are located to the north, south and west. Staff is concerned that the transient nature of a short term stay facility could have a destabilizing effect on the single family residences around the site. J. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MARCH 14, 2019) The applicant was present. There were two registered objectors present. Staff presented the item and a recommendation of denial. Zoning and Subdivision Manager Dana Carney explained how the existing zoning regulations were applied to the various Airbnb-type, short term rental of homes and rooms in homes. He stated the applicant was proposing to make the whole house available for short term rental; thus the house was no longer being used as a single family dwelling and rezoning was required to allow the use. 4 FILE NO.: Z-9395 (Cont. Elmania Donald, of 1100 South Ringo, spoke in opposition. He stated he had lived at his home for 39 years and was concerned about the amount of traffic at the site. He stated people were going in and out of the house at all hours. Mr. Donald said the applicant wasn't operating an Airbnb but was operating a "whorehouse." He was cautioned by the City Attorney to be respectful and careful of his comments. Mr. Donald spoke again of ongoing issues with traffic and trash at the site. The applicant, Yelena Petroukhina, addressed the commission is support of her application. She described the operation of the proposed Airbnb rental. She stated she lived only a couple of blocks from the site and regularly monitored the site. She stated she wanted to be in compliance with City Code, obtain a business license and pay the City's required taxes. Annette Shead, owner of the property, stated she owned several properties in the area and was committed to the neighborhood. She described upgrades that had been made to the property. She stated she also regularly monitored the property and had observed no issues. Charles and Kaitlin Lott, of 1022 W. 11t" Street, spoke in support. They stated they were adjacent neighbors and had observed no issues and had no concerns with the use. Mrs. Lott stated she was a stay at home mom and, if there were any issues, she knows the applicant would respond. Ruth Bell, of the League of Women Voters, spoke of their concerns about the transient nature of the proposed use and the potential impact on nearby residences. She said this may be the wave of the future but not now at this site. In response to questions from the commission, staff stated his matter was brought to staff's attention via a complaint and these type of uses were difficult to track. Staff stated any change in policy regarding these types of uses would have to come about as a policy change and a change in the zoning ordinance. There then followed a general discussion of the issue of short term rental uses in residential neighborhoods. Commissioner May commented that he did not want one of these uses next to his home. He said this type of zoning could affect single family neighborhoods. In response to a question from Commissioner Brock, Planning Director Collins stated the issue before the commission was the proposed rezoning of this property to allow continued short term rental of the house. There was some additional discussion of the policy as it exists. A motion was made to approve the application, including all staff comments and conditions, except the recommendation of denial. The vote was 4 ayes, 5 noes and 2 absent. The application failed. 5 SUBDIVISION COMMITTEE COMMENTS FEBRUARY 20, 2019 ITEM NO.12: 1103 RINGO AIR BNB SHORT -FORM PD-C 1.103 RINGO Z-9395 Planning Staff Comments: 1. Provide number of bedrooms and bathrooms 2. Will individual bedrooms be rented or the whole house? Variance/Waivers: * None requested Public Works: 1. A 20 feet radial dedication of right-of-way is required at the intersection of Ringo St. and W. 11 th St. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements such as fences located in the right-of-way. Utilities and Fire Department/County Planning Little Rock Water Reclamation Authority: Sewer Available to this site. Entergy: Entergy does not object to this proposal. Electrical service is already provided to the structure on this property. Contact Entergy in advance to discuss electrical service requirements, extensions, or adjustments to existing facilities. Centerpoint Energy: No comments received. AT&T: No comment received. Central Arkansas Water: No comments received. Fire Department: No comments Building Codes: No comments County Planning: No comments received. Rock Region METRO: No comments ITEM NO.:12. CON'T Z-9395 Planning Division: This request is located in Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-4 (Two -Family District) to PDC (Planned Development Commercial) to allow to rent entire house through Airbnb Master Street Plan: East of the property is Ringo Street and it is shown as a Local Street on the Master Street Plan. North of the property is W 11" Street and it is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comments Other: Provide notification of the owners of properties located within 200 feet of the site and submit proof of notice including the certified abstract lot, copy of the notice form sent and postmarked certified mail receipts. Notices must be sent no later than February 27, 2019. Proof of notice must be delivered to staff no later than March 8, 2019. Submit responses to staff issues and 4 copies of revised plan (if required) no later than February 27, 2019.