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 Infinity
Homes STR-2 — PD-C
(Z-9838) located at
321 N. Pierce 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 0.14 acre
property from "R-3" Single Family District to "PD-C" to
allow use of the property as Short -Term Rental (STR-2).
None
Approval of the Ordinance.
The applicant proposes to rezone 0.14-acre property located
at 321 North Pierce Street from R-3 to PD-C 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. The entire unit will be rented.
The property contains an existing wood structure. The unit
has a driveway that can accommodate two cars with extra
parking in the rear of the unit. This property is in the
BACKGROUND
CONTINUED
Midtown Overlay District and requires the owner to comply
with Section 36-373-36-384 for the zoning code. The
property is surrounded by several different zoning
classifications. The Future Land Use Map shows a large
area of Residential Low Density (RL).
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 PD-C zoning request.
On October 12, 2023, the Planning Commission voted
7 ayes, 0 noes, 2 absent and 2 open positions, as part of the
Consent Agenda, to approve the PD-C 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-I 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.
PA
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ORDINANCE NO.
AN ORDINANCE APPROVING A PLANNED ZONING
DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT
— COMMERCIAL TITLED INFINITY HOMES STR-2 — PD-C,
LOCATED AT 321 N. PIERCE STREET (Z-9838), 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-3, Single Family Residential District, to PD-C, Planned District —
Commercial:
Z-9838 — Described as the North '/Z of Lots 10,11,12 and 13, Block 2, Oak
Grove 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 Infinity
Homes STR-2 — PD-C, located at 321 N. Pierce Street (Z-9838) 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.
SECTION 4. That this Ordinance shall not take effect and be in full force until the
final plan approval.
Page 1 of 2
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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
APPROVED:
Mayor
Page 2 of 2
NO.: Z-9838
NAME: Infinity Homes STR-2 — PD-C
LOCATION: 321 North Pierce Street
DEVELOPER:
Brian Gibson
Infinity Homes, LLC
4064 Vineyard Way
Alexander, AR 72002
OWNER/AUTHORIZED AGENT:
Mark W. Hodge (Agent)
Barber Law Firm
425 W. Capitol Avenue
Little Rock, AR 72201
m h odega, barberlawfirm . co m
(501) 590-1980
SURVEYOR/ENGINEER:
Brooks Surveying, Inc.
20820 Arch Street Pike
Hensley, AR 72065
(501) 888-5336
AREA: 0.14 acre NUMBER OF LOTS: 1
WARD: 3 PLANNING DISTRICT: 4
CURRENT ZONING: R-3
VARIANCE/WAIVERS: None requested.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
CENSUS TRACT: 15.01
The applicant proposes to rezone 0.14-acre property located at 321 North Pierce
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 one (1) unit.
FILE NO.: Z-9838 Cont.
B. EXISTING CONDITIONS:
The property contains an existing wood structure. The unit has a driveway that
can accommodate two cars with extra parking in the rear of the unit. This property
is in the Midtown Overlay District and requires the owner to comply with Section
36-373-36-384 for the zoning code. The property is surrounded by several
different zoning classifications. The Future Land Use Map shows a large area of
Residential Low Density (RL).
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 Author it : No Comments.
Enter-w No comments received.
Summit Utilities: No comments.
AT & T: No comments received.
Central Arkansas Water: No comments.
Fire Department:
As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code
Vol. 1, One- or Two -Family dwelling residential developments. Developments
of one- or two-family dwellings where the number of dwelling units exceeds 30
shall be provided with two separate and approved fire apparatus access roads,
and shall meet the requirements of Section D104.3.
Exceptions:
1. Where there are more than 30 dwelling units on a single public or
private fire apparatus access road and al dwelling units are equipped
throughout with an approved automatic sprinkler system in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the
Arkansas Fire Code, access from two directions shall not be required.
2. The number of dwelling units on a single fire apparatus access road shall
not be increased unless fire apparatus access roads will connect with
future development, as determined by the fire code official.
2
FILE NO.: Z-9838 Cont.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2021 Arkansas Fire
Prevention Code. Section C101 — C105, in conjunction with Central Arkansas
Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshals Office (Capt.
Tony Rhodes 501-918-3757, or Fire Marshal Derek N Ingram 501-918-3756
Number and Distribution of Fire Hydrants as per Table C105.1.
Parks and Recreation: No comments received.
County Planning: No comments.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments received.
Landscape: No Comment.
G. TRANSPORTATION/PANNING:
Rock Region Metro: No comments received.
PlanningDi: 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-3 to PD-C.
Master Street Plan:
North Pierce 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. 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:
There are no Bike Routes in the vicinity.
Historic Preservation Plan:
There are no historic structures or districts in the area.
3
FILE NO.: Z-9838 Cont.
H. ANALYSIS:
The applicant proposes to rezone 0.14-acre property located at 321 North Pierce
Street from R-3 to PD-C 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.
The entire unit will be rented.
The property contains an existing wood structure. The unit has a driveway that can
accommodate two cars with extra parking in the rear of the unit. This property is
in the Midtown Overlay District and requires the owner to comply with Section 36-
373-36-384 for the zoning code. The property is surrounded by several different
zoning classifications. The Future Land Use Map shows a large area of Residential
Low Density (RL).
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
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NO.: Z-9838
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 ll. 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 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.
5
FILE NO.: Z-9838 (Cont.
Staff is in support the requested PD-C rezoning. Staff believes the request is
reasonable and that the proposed STR-2 use is appropriate for this location.
Currently the City of Little Rock Department of Planning and Development has
eighteen (18) 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 500 short-term rentals within the corporate
boundary of the City of Little Rock.
STAFF RECOMMENDATION:
Staff recommends approval of the PD-C zoning request, subject to compliance
with the comments and conditions outlined in paragraphs E, and the staff analysis
of the agenda staff report.
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 outlined in the "staff analysis"
above. The item stayed on the Consent Agenda for approval. The vote was 7 ayes,
0 nays, 2 absent and 2 open positions. The application was approved.
L