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HomeMy WebLinkAboutBOD Staff Report 121323OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION NOVEMBER 21, 2023 AGENDA Subject An Ordinance approving a Planned Zoning Development titled McGrath 1 STR-2 — PCD (Z-9761) located at 407 N. Van Buren Street. Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required 4 Ordinance Resolution Approval Information Report Approved By Emily Cox Interim City Manager The applicant proposes to rezone the 0.16 acre property from "R-4" Two Family District to "PCD" Planned Commercial District to allow one (1) unit of a tri-plex as a Short -Term Rental (STR-2). None Approval of the Ordinance. The applicant proposes to rezone 0.16-acre property located at 407 North Van Buren Street from R-4 to PCD to allow use of the property as Short -Term Rental with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. It is an existing tri-plex apartment building. One (1) of the units will be utilized as a short-term rental. The request is in the Heights / Hillcrest Planning District. The multifamily apartment building has been operating long term rental for eight (8) years. The property contains an existing brick structure. Access is provided from a concrete walkway which extends from Van Buren Street that allows entrance to the three (3) units. The property has BACKGROUND CONTINUED ample parking. The property is primarily surrounded by R-4 zoning. The Future Land Use Map shows a large area of Residential Low Density (RL) in all directions. 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, in addition to all other requirements of the new ordinance. 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 PCD zoning request. On October 12, 2023, the Planning Commission voted 7 ayes, 0 noes, 2 absent and 2 open position, as part of the Consent Agenda, to approve the PCD rezoning. There were no objectors present. 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. Please see the attached Planning Commission minute record for the complete staff analysis. Currently the City of Little Rock Department of Planning and Development has 30 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. OA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED MCGRATH 1 STR-2 — PCD, LOCATED AT 407 N. VAN BUREN STREET (Z-9761), CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from R-4, Two Family Residential District, to PCD, Planned Commercial District: Z-9761— Described as Lot 8, Block 1, of Pfeifer's Addition to the City of Little Rock, Pulaski County, Arkansas. SECTION 2. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 3. That the change in zoning classification contemplated for McGrath 1 STR-2 — PCD, located at 407 N. Van Buren Street (Z-9761) is conditioned upon obtaining final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. 27 28 SECTION 4. That this Ordinance shall not take effect and be in full force until the 29 final plan approval. 30 31 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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: City Attorney H H APPROVED: Mayor Page 2 of 2 FILE NO.: Z-9761 NAME: McGrath 1 — STR-2 - PCD LOCATION: 407 N. Van Buren Street DEVELOPER: Anna McGrath (Owner) 18 Sunset Drive Cammack Village, AR 72207 Annafreeland2 omail.com (501) 786-0165 OWNER/AUTHORIZED AGENT: Anna McGrath (Owner) 18 Sunset Drive Cammack Village, AR 72207 Annafreeland2@qmaii.com (501) 786-0165 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501)-888-5336 brookssurveyinq@att.net 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-4 VARIANCEIWAIVERS: None requested. FILE NO.: Z-9761 Cont. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant proposes to rezone 0.16-acre property located at 407 North Van Buren Street from R-4 to PCD to allow use of the property as Short -Term Rental with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. It is an existing tri-plex apartment building. One (1) of the units will be utilized as s short-term rental. B. EXISTING CONDITIONS: The request is in the Heights / Hillcrest Planning District. The multifamily apartment building has been operating long term rental for eight (8) years. The property contains an existing brick structure. Access is provided from a concrete walkway which extends from Van Buren Street that allows entrance to the three (3) units. The property has ample parking. The property is primarily surrounded by R-4 zoning. The Future Land Use Map shows a large area of Residential Low Density (RL) in all directions. 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 Authorit : No comments. Entergy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. E FILE NO.: Z-9761 Cont. 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 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 R-4 (Two Family District) to PCD (Planned Commercial Development). The request is to allow the site to be used for Short Term Rental. Surrounding the application area is developed Residential Low Density (RL) in all directions. To the south a block along Van Buren St approaching West Markham St are areas of Suburban Office (SO), Office (0), and Commercial (C). The Suburban Office (SO) category shall provide for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. These areas a developed with medical services and a bakery. The Office (0) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities and is developed with medical services and a bank. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. These areas are developed with restaurants, a hotel, and a convenience store with gas pumps. Master Street Plan: Van Buren St is Minor Arterial a on the Master Street Plan Map. Minor Arterials are high volume roads designed to provide the connections to and through an urban area. Curb cuts should be limited allow for continuous traffic flow while still allowing some access to adjoining property, Deceleration Lanes are required. Right of way is 90 feet. Sidewalks are required on both sides. C Street is a Local Street. Local Streets are roads designed to provide access to adjacent property with the movement of traffic being a secondary purpose. Right-of-way is 50'. Sidewalks are required on one side. These streets may require dedication of additional right- of-way and may require street improvements. K? FILE NO.. Z-9761 Cont. Bicycle Plan: Van Buren Street is shown on the Master Bike Plan Map with an existing Class II Bike Lane. These are routes designated by painted strips separating the bikeway from motor vehicle traffic and intended for the sole use by bicycles. Additional pavement markings and signage is required. Historic Preservation Plan: This site is 1 block west of the Hillcrest National Historic District. H_ ANALYSIS: The applicant proposes to rezone 0.16-acre property located at 407 North Van Buren Street from R-4 to PCD to allow use of the property as Short -Term Rental with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. It is an existing tri-plex apartment building. One (1) of the units will be utilized as a short-term rental. The request is in the Heights / Hillcrest Planning District. The multifamily apartment building has been operating long term rental for eight (8) years. The property contains an existing brick structure. Access is provided from a concrete walkway which extends from Van Buren Street that allows entrance to the three (3) units. The property has ample parking. The property is primarily surrounded by R-4 zoning. The Future Land Use Map shows a large area of Residential Low Density (RL) in all directions. 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. 0 FILE NO.: Z-9761 Cont. 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 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. 5 FILE NO.: Z-9761 Cont. 14. Principal renter shall beat 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 PCD zoning request. Staff is in support the requested PCD rezoning. Staff believes the request is reasonable and that the proposed PCD use is appropriate for this location. I. STAFF RECOMMENDATION: Staff recommends approval of the PCD rezoning request, subject to compliance with comments and conditions noted in the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 9, 2023) The applicant was not present. Staff informed the Commission that the applicant submitted a letter to staff on February 21, 2023 requesting this application be deferred to the June 8, 2023 agenda. Staff supported the deferral request. The application was placed on the Consent Agenda for deferral. The vote was 9 ayes, 0 nays, 1 absent, 1 abstain (Brown). STAFF UPDATE: The applicant submitted a letter to staff on May 15, 2023 requesting this application be deferred to the September 14, 2023 agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (JUNE 8, 2023) Staff informed the Commission that the application needed to be deferred to the September 14, 2023 agenda. The item was placed on the Consent Agenda for deferral C.1 FILE NO.: Z-9761 (Cont. to the September 14, 2023 agenda. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2023) Opposition was raised for Z-9761 and it was pulled from the Consent Agenda. The applicant was not present. The item was then deferred to the October 12, 2023 Agenda. The vote was 9 ayes, 0 nays, 0 absent and 2 open positions. The application was deferred. PLANNING COMMISSION ACTION: (OCTOBER 12, 2023) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as ❑utlined in the "staff analysis" above. The item remained on the Consent Agenda for Approval. The vote was 7 ayes, 0 nays, 2 absent and 2 open positions. The application was approved. 7