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HomeMy WebLinkAboutPC Minutes for Z-10005July 11, 2024 ITEM NO.: 18 FILE NO.: Z-10005 NAME: Patterson STR-1 – Special Use Permit LOCATION: 1617 South Battery Street OWNER/AGENT: Whitney Patterson 1617 S. Battery Street Little Rock, AR 72202 (501) 612-6232 SUVEYOR/ENGINEER: Brooks Surveying, Inc 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.16-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 is requesting a Special Use Permit for the 0.16-acre property located at 1617 S. Battery Street to allow the use of part of the existing dwelling as Short- Term Rental-1 with a maximum stay of twenty-nine (29) days. The property owner will occupy the bottom level of the unit, with the upper floor being the short-term rental. The entire upper floor will be rented as one (1) unit. B. EXISTING CONDITIONS: The structure is an existing 2,392 square feet, two-story home. The homeowner is requesting to be able to rent out the second floor of the unit as a short-term rental. The request is in the Central City Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. This property is in the Capital View – Stifft Station Neighborhood Association as well as being in July 11, 2024 ITEM NO.: 18 (Cont.) FILE NO.: Z-10005 2 the Central High Neighborhood Overlay District. This property is in the Central High Historic District and is a contributing structure. Parking is “on-street” parking for the owner as well as the guests. 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: Need Life Safety Inspection. 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. July 11, 2024 ITEM NO.: 18 (Cont.) FILE NO.: Z-10005 3 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 (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 for a Special Use Permit – STR-1. The Land Use surrounding the application area is Residential Low Density (RL). The application site is zoned Single Family (R-3). Surrounding properties to the north and south are also Single Family (R-3). To the west across South Battery Street along the same block is property zoned Urban Residence (R-5), a Single- Family property (R-3), and a Planned Development Residential property (PD-R). Behind the application site to the east, is both Single Family (R-3) and Planned Office Development (POD). This property is in the Capital View – Stifft Station Neighborhood Association. This site is located in the Central High Neighborhood Overlay District. Master Street Plan: South Battery Street, south of Daisy Bates Drive, 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 in the Central High Historic District and is a contributing structure. July 11, 2024 ITEM NO.: 18 (Cont.) FILE NO.: Z-10005 4 H. ANALYSIS: The applicant is requesting a Special Use Permit for the 0.16-acre property located at 1617 S. Battery Street to allow the use of part of the existing dwelling as Short- Term Rental-1 with a maximum stay of twenty-nine (29) days. The property owner will occupy the bottom level of the unit, with the upper floor being the short-term rental. The entire upper floor will be rented as one (1) unit. July 11, 2024 ITEM NO.: 18 (Cont.) FILE NO.: Z-10005 5 The STR-1 is not currently in operation. The property is not currently under enforcement by the City of Little Rock Planning and Development. As of this date there have been no police reports associated with the STR-1 property. The structure is an existing 2,392 square feet, two-story home. The homeowner is requesting to be able to rent out the second floor of the unit as a short-term rental. The request is in the Central City Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. This property is in the Capital View – Stifft Station Neighborhood Association as well as being in the Central High Neighborhood Overlay District. This property is in the Central High Historic District and is a contributing structure. Parking is “on-street” parking for the owner as well as the guests. 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 July 11, 2024 ITEM NO.: 18 (Cont.) FILE NO.: Z-10005 6 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. 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. July 11, 2024 ITEM NO.: 18 (Cont.) FILE NO.: Z-10005 7 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. This property has not previously been in operation as a Short-Term Rental. 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 Special Use Permit request. Staff is in support the requested Special Use Permit. Staff believes the request is reasonable and that the proposed STR-1 use is appropriate for this location. All requirements of the City’s short-term rental ordinance must be complied with when the unit is being used as a short-term rental. 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 are currently no short-term rentals within a one-quarter mile radius of this property. I. STAFF RECOMMENDATION: Staff recommends approval of the Special Use Permit request, subject to compliance with comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 11, 2024) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff analysis” above. The item remained on the Consent Agenda for Approval. The vote was 8 ayes, 0 nays and 3 absent. The application was approved.