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HomeMy WebLinkAboutStaff Report for Z-9766-BFebruary 8, 2024 ITEM NO.: 30 FILE NO.: Z-9766-B NAME: Moreno STR-2 – PD-C LOCATION: 13008 West Markham Street AUTHORIZED OWNER/AGENT: Raul Moreno (Owner) 13008 West Markham St Little Rock, AR 72211 (501) 813-4471 SURVEYOR/ENGINEER: Holloway Engineering 200 Casey Drive Maumelle, AR 72113 501) 851-3366 AREA: .61-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 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. B. EXISTING CONDITIONS: The property consists of a brick and frame residential structure with four bedrooms and four baths. A concrete driveway provides parking for at least two cars. The request is in the Ellis Mountain Planning District. Future land use map shows the zoning for office (O). Surrounding the application area to the north across West February 8, 2024 ITEM NO.: 30 (Cont.) FILE NO.: Z-9766-B 2 Markham, the land use is Commercial (C). Surrounding properties in all other directions is Office (O). 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. Fire Department: Life Safety Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. 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 category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general February 8, 2024 ITEM NO.: 30 (Cont.) FILE NO.: Z-9766-B 3 offices which support more basic economic activities. The application is to rezone from O-3 to PD-C. STR-2. Surrounding the application area to the north across West Markham, the land use is Commercial (C). Surrounding properties in all other directions is Office (O). The application site is zoned General Office (O-3). Surrounding properties to the west and south are also zoned General Office (O-3). To the east across Gamble Road, the property is zoned Single Family (R-2). To the north across West Markham is a Planned Commercial District (PCD). This site is not located within a Neighborhood Association. Master Street Plan: W Markham Street and Gamble Road are Collectors on the Master Street Plan. Standard Right-of-Way is 60 feet. Sidewalks are required on one side. Bicycle Plan: The Master Bike Plan Map does not show existing or proposed facilities in this area. Historic Preservation Plan: This property is not located in a Historic District. 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 and frame residential structure with four bedrooms and four baths. A concrete driveway provides parking for at least two cars. The request is in the Ellis Mountain Planning District. Future land use map shows the zoning for office (O). Surrounding the application area to the north across West Markham, the land use is Commercial (C). Surrounding properties in all other directions is Office (O). February 8, 2024 ITEM NO.: 30 (Cont.) FILE NO.: Z-9766-B 4 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. 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 February 8, 2024 ITEM NO.: 30 (Cont.) FILE NO.: Z-9766-B 5 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. 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. 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. Currently the City of Little Rock Department of Planning and Development has forty-nine (49) short-term rentals (STR-1 and STR-2) listed within the database for approved 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. February 8, 2024 ITEM NO.: 30 (Cont.) FILE NO.: Z-9766-B 6 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 PD-C zoning request.