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HomeMy WebLinkAboutPC Minutes for Z-9998June 13, 2024 ITEM NO.: 39 FILE NO.: Z-9998 NAME: George - STR-2 – PD-C LOCATION: 1422 South Battery Street OWNER: Crystal George 1422 S. Battery Street Little Rock, AR 72206 SURVEYOR/ENGINEER: Edward Lofton Engineering/Surveying 15415 Oakcrest Little Rock, AR 72206 (501) 888-5232 eddlofton@att.net AREA: .16-acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 45 CURRENT ZONING: R-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone a .16-acre property located at 1422 South Battery Street from R-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 owner will not reside in the residence. The entire structure will be rented as one unit. B. EXISTING CONDITIONS: The property is occupied by a 3,104 square foot, five bedroom, two bath, two-story house. The request is in the Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. This property is in the Central High Neighborhood Association and is located in the Central High Neighborhood Overlay District (Ordinance 20180). This property is also a June 13, 2024 ITEM NO.: 39 (Cont.) FILE NO.: Z-9998 2 contributing structure in the Central High Historic District. The property has been operating at a STR since February of this year. There is parking off the rear alley for two cars. 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 Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density June 13, 2024 ITEM NO.: 39 (Cont.) FILE NO.: Z-9998 3 (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 remains less than 6 units per acre. The application is to rezone from R-3 to PD-C. STR-2 The Land Use surrounding the application area is Residential Low Density (RL). The application site and all properties to the north, south and west are zoned Single Family (R-3). To the east across South Battery Street, zoning is Two-Family (R-4) and Urban Residence (R-5). This property is in the Central High Neighborhood Association. This site is located in the Central High Neighborhood Overlay District (Ordinance 20180). Master Street Plan: South Battery Street is a Local Street on the Master Street Plan. Local Streets are roads designed to provide access to adjacent property with the movement of traffic being a secondary purpose. The standard Right-of-way is 50’. Sidewalks are required on one side. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: The Master Bike Plan Map does not show existing or proposed facilities in this area. Historic Preservation Plan: This property is a contributing structure in the Central High Historic District. June 13, 2024 ITEM NO.: 39 (Cont.) FILE NO.: Z-9998 4 H. ANALYSIS: The applicant proposes to rezone a .16-acre property located at 1422 South Battery Street from R-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 owner will not reside in the residence. The entire structure will be rented as one unit. The property is occupied by a 3,104 square foot, five bedroom, two bath, two-story house. The request is in the Central City Planning District. The Land Use Plan June 13, 2024 ITEM NO.: 39 (Cont.) FILE NO.: Z-9998 5 shows Residential Low Density (RL) for the requested area. This property is in the Central High Neighborhood Association and is located in the Central High Neighborhood Overlay District (Ordinance 20180). This property is also a contributing structure in the Central High Historic District. The property has been operating at a STR since February of this year. There is parking off the rear alley for two cars. 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. June 13, 2024 ITEM NO.: 39 (Cont.) FILE NO.: Z-9998 6 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. 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 a Bill of Assurance for this property dated May, 1877. There have been no Department of Planning & Development enforcement cases nor any police reports for this property. June 13, 2024 ITEM NO.: 39 (Cont.) FILE NO.: Z-9998 7 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 Ninety-Eight (98) 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. There is one adopted STR within 1/4 mile of the application, and one adopted STR’s between 1/4 and 1/2 mile of the site. The application site has an additional four adopted STR’s between 1/2 mile and 3/4 mile and two adopted STR’s withing 1 mile of the site. In total, there are 8 adopted STR’s within a 1 mile radius of the application. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (JUNE 13, 2024) The applicant was present. The application came off the consent agenda. Staff presented the item with a recommendation of approval as outlined in the “staff analysis” above. There were two persons registered in opposition. Harold Jackson and Denise Leeson spoke of concerns about the STR have parties. It was explained that it is in the STR Ordinance that there are to be no parties or event. After some discussion, there was a motion to approve the application. There was a second. The vote was 10 ayes, 0 nays and 1 absent. The motion passed.