HomeMy WebLinkAboutBOD Staff Report 080922OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
JUNE 21, 2022 AGENDA
Subject
An Ordinance approving
a Planned Zoning
Development titled Elrod
Short -Term Rental — PD-C
(Z-9679) located at 320 N.
Palm Street.
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
4Ordinance
Resolution
Approval
Information Report
Approved By
Bruce Moore
City Manager
The applicant proposes to rezone the 0.16 acre property
from "R-3" Single Family District to "PD-C" Planned
District — Commercial to allow use of the property as a
short-term rental.
I None
The Planning Commission recommends approval of the
Ordinance. Staff recommends denial.
The applicant proposes to rezone the 0.16-acre property
located at 320 North Palm Street from "R-3" Residential
to "PD-C" Planned Development - Commercial to allow
use of the property as a short-term rental. The owner will
not reside in the residence. The entire residence will be
rented as one (1).
Residential single-family zoning and uses are heavily
concentrated on all sides of the property. A special use
permit was recently approved to allow a bed and breakfast
at the property immediately to the north at 400 north Palm
Street.
BACKGROUND
CONTINUED
Access to the property is a one lane concrete driveway
from North Palm Street. Additional parking is provided
along Palm Street and the alley at the rear of the property.
The applicant notes there is paved parking for two (2)
vehicles on the main driveway of the property. Section
36-502 of the City's zoning Ordinance requires one (1)
parking space per dwelling unit. Staff believes the parking
is sufficient for this use.
The applicant notes no changes to the exterior of the
property will be made from its current layout. The
applicant notes that the three (3) bedroom and 1.5 bath
dwelling will accommodate up to four (4) guests and that
one of the three bedrooms will be offered as an office
workspace.
The applicant is not proposing any signage at this time.
Any future signage must comply with Section 36-551 of
the City's Zoning Ordinance (signs permitted in
residential zones).
The applicant is not proposing to install additional lighting
at this time. Any site lighting shall be low-level and
directed away from adjacent properties.
No dumpster is proposed for the site and trash collection
will be collected using standard City of Little Rock
garbage collection.
On May 12, 2022, the Planning Commission voted
7 ayes, 2 noes, 0 absent, 1 open position and 1 recusal
(Vogel), to approve the PD-C rezoning. There was one (1)
objector present.
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.
Please see the attached Planning Commission minute
record for the complete staff analysis.
Fa
I ORDINANCE NO.
2
3 AN ORDINANCE APPROVING A PLANNED ZONING
4 DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT
5 — COMMERCIAL TITLED ELROD SHORT-TERM RENTAL —
6 PD-C, LOCATED AT 320 N. PALM STREET (Z-9679), CITY OF
7 LITTLE ROCK, PULASKI COUNTY, ARKANSAS, AMENDING
8 THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE
9 ROCK; AND FOR OTHER PURPOSES.
10
11 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
12 ROCK, ARKANSAS.
13
14 SECTION 1. That the zoning classification of the following described property be
15 changed from R-3, Single Family Residential District, to PD-C, Planned District —
16 Commercial:
17
18 Z-9679 — Described as Lot 7, Block 3, Elmhurst Addition to the City of
19 Little Rock, Pulaski County, Arkansas, Except the south 5 feet deeded
20 to the City of Little Rock, Arkansas, as Instrument No. 98-65766,
21 records of Pulaski County, Arkansas.
22
23 SECTION 2. That the preliminary site development plan/plat be approved as
24 recommended to the Little Rock Planning Commission.
25
26 SECTION 3. That the change in zoning classification contemplated for Elrod
27 Short -Term Rental — PD-C, located at 320 N. Palm Street (Z-9679) is conditioned upon
28 obtaining final plan approval within the time specified by Chapter 36, Article VI1, Section
29 36-454 (e) of the Code of Ordinances.
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Page 1 of 2
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SECTION 4. That this Ordinance shall not take effect and be in full force until the
final plan approval.
SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of
the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the
extent and in the respects necessary to affect and designate the change provided for in
Section 1 hereof.
SECTION 6. Severability. In the event any title, section, paragraph, item,
sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
ordinance which shall remain in full force and effect as if the portion so declared or adjudged
invalid or unconstitutional was not originally a part of the ordinance.
SECTION 7. Repealed. All laws, ordinances, resolutions, or parts of the same
that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of
such inconsistency.
PASSED:
ATTEST:
City Clerk
APPROVED AS TO FORM:
31 City Attorney
APPROVED:
Mayor
Page 2 of 2
FILE NO.: Z-9679
NAME: Elrod Short -Term Rental — PD-C
LOCATION: 320 North Palm Street
DEVELOPER:
John Elrod (Owner)
320 North Palm Street
Little Rock, AR 72205
OWNER/AUTHORIZED AGENT:
John Elrod (Owner)
320 North Palm Street
Little Rock, AR 72205
SURVEYOR/ENGINEER:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.01
CURRENT ZONING: R-3 (Single-family District)
VARIANCE/WAIVERS: None requested.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
The applicant proposes to rezone the 0.16-acre property located at 320 North
Palm Street from R-3 to PD-C to allow use of the property as a short-term rental.
The owner will not reside in the residence. The entire residence will be rented as
one (1) unit.
B. EXISTING CONDITIONS:
The property is a 7,000 square foot lot zoned R-3 with an existing 1,307 square
foot one-story residence in the Elmhurst Addition subdivision. The wood frame
structure has a driveway extending from N. Palm Street. A paved driveway located
FILE NO.: Z-9679 (Cont.) _
in the front of the property and will be utilized for parking. Additional parking is
available on Palm Street and from the alley at the rear of the property.
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.
Enteray: No comments received.
CenterPoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water:
NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time
of request for water service must be met.
Fire De artment:
Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per Appendix D
of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road
width with a hydrant. Where a fire hydrant is located on a fire apparatus access
road, the minimum road width shall be 26 feet, exclusive of shoulders.
Parks and Recreation: No comments received.
County Plannina: No comments-
F. BUILDING CODES/LANDSCAPE:
Buildina Code: No comments received.
Landscape: No comment.
K
FILE NO.: Z-9679 Cont.
G. TRANSPORTATION/PLANNING:
Rock Region_ Metro: No comments.
Planning Division:
The request is in the Heights Hillcrest 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 to rezone from Single Family District (R-3) to a Planned
Commercial Development (PCD) to allow for the use of this property as a short-
term rental with the owner not living on site.
Surrounding the application area, the Land Use Plan shows Residential Low
Density (RL) in the immediate surroundings, with single-family dwellings on
individual tracts.
The land surrounding the applicant area is zoned Single Family (R-3) and is within
the Hillcrest Design Overlay District. The purpose of the Hillcrest DOD is to help
maintain the built environment in a neighborhood that is rich in history and
architectural character and consists of both a vital residential area and a thriving
commercial sector. R-3 provides an appropriate district for existing developed
areas occupied by smaller scale single-family housing while at the same time
maintaining reasonable standards of light, air and similar amenities for living. The
tract directly west of the applicant property, across the shared alley, is zoned
Planned Development -Residential (PD-R) to allow for an accessory dwelling.
Further down the alley, another neighboring tract is zoned R-3 with a Conditional
Use Permit to allow for an accessory building to be used as an accessory dwelling.
Duplexes are conditionally permitted in R-3 zones.
The application site is zoned Single Family District (R-3) and is an existing single-
family dwelling.
Master Street Plan: To the east is N. Palm Street and it is a Local Street on the
Master Plan. The primary function of Local Streets 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". This
street may require dedication of right-of-way and may require street improvements
for entrances and exits to the site.
Bicycle Plan: There are no existing or proposed bike routes adjacent to or through
this land.
3
FILE NO.: Z-9679(Cont.)
Historic Preservation Plan: The primary structure for the requested area is a
historic, Contributing structure within the Hillcrest Neighborhood Historic District.
As a Contributing structure, built in 1926, it is listed on the National Register of
Historic Places.
H. ANALYSIS:
The applicant proposes to rezone the 0.16-acre property located at 320 North Palm
Street from "R-Y Residential to "PD-C" Planned Development - Commercial to
allow use of the property as a short-term rental. The owner will not reside in the
residence. The entire residence will be rented as one (1).
Residential single-family zoning and uses are heavily concentrated on all sides of
the property. A special use permit was recently approved to allow a bed and
breakfast at the property immediately to the north at 400 north Palm Street.
Access to the property is a one lane concrete driveway from North Palm Street.
Additional parking is provided along Palm Street and the alley at the rear of the
property. The applicant notes there is paved parking for two (2) vehicles on the
main driveway of the property. Section 36-502 of the City's zoning Ordinance
requires one (1) parking space per dwelling unit. Staff believes the parking is
sufficient for this use.
The applicant notes no changes to the exterior of the property will be made from
its current layout. The applicant notes that the three (3) bedroom and 1.5 bath
dwelling will accommodate up to four (4) guests and that one of the three bedrooms
will be offered as an office workspace.
The applicant is not proposing any signage at this time. Any future signage must
comply with Section 36-551 of the City's Zoning Ordinance (signs permitted in
residential zones).
The applicant is not proposing to install additional lighting at this time. Any site
lighting shall be low-level and directed away from adjacent properties.
No dumpster is proposed for the site and trash collection will be collected using
standard City of Little Rock garbage collection.
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.
Staff does not support the requested PD-C rezoning. Staff does not believe the
request is reasonable and that the proposed commercial use is not appropriate for
the location. The property is designated as "RL" Residential Low Density by the
City's Future Land Use Plan and is bordered on all sides by single family homes.
Staff believes that the introduction of a commercial short-term rental will be out of
M
FILE NO.: Z-9679 (Cont.)
character with the overall area at this time and could have an adverse impact on
the surrounding single-family properties.
STAFF RECOMMENDATION:
Staff recommends denial of the PD-C zoning request.
PLANNING COMMISSION ACTION: (MAY 12, 2022)
Commissioner Betton served as Chair as Commissioner Vogel recused himself for this
item.
The applicant, John Elrod, was present. There was one person registered in opposition
to the application. Staff presented the item and a recommendation of denial as outlined
in the "staff recommendation" above. The applicant deferred to the registered opposition.
Frank Allison addressed the Commission in opposition to the application. He expressed
concerns regarding the applicant not residing in the home he is proposing as a SRT. He
noted there is no adequate way to address issues that may arise and parking.
John Elrod addressed the Commission in support of the application. The applicant
presented a power point to demonstrate compliance. He noted that a live video feed will
be observed at all times via cell phone during occupancy of the residence and his parents
live in the area are capable to address any concerns that may occur during his absence.
He also noted he feels parking is adequate. The applicant also noted he would utilize the
residence when he is in town, however would like to keep options open for use of the
residence in his absence as there is a large medical facilities and amenities in close
proximity to the residence. He noted his target guests would be medical professionals
visiting the city seeking short-term living accommodations.
There was general discussion regarding STIR types, the notification process and if the
application was approved, how will this effect SRTs moving forward? Staff provided
clarification to the Commission regarding the questions raised.
There was a motion to approve the application including all comments and
recommendations, except the recommendation of denial by staff by staff. The motion
was seconded. The vote was 7 ayes, 2 nays, 0 absent, 1 recusal (Vogel) and 1 open
position. The application approved.
5