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HomeMy WebLinkAboutBOD Staff Report 020224OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION JANUARY 23, 2024 AGENDA Subject An Ordinance approving a Planned Zoning Development titled Carman STR-2 — PD-C (Z-9293-A) located at 523 East 6th 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 0.21 acre property from R-4A to PD-C to allow use of the property as a Short -Term Rental (STR-2). I None Approval of the Ordinance. The applicant proposes to rezone this 0.21-acre property located at 523 East 6th Street from R-4A 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 existing two-story brick structure has been a bed and breakfast since 2018. The structure has one unit on the first floor, that is one bedroom. The second floor has a two - bedroom unit. The application site is zoned Low Density Residential (R-4A). Surrounding zoning is also Low Density Residential with a Planned Residential District immediately to the south, and some Urban Use (UU) across BACKGROUND CONTINUED the intersection of E. 6`h and Sherman Street. This property is a Contributing structure and is in the MacArthur Park Historic District. The applicant proposes parking for five vehicles at the rear of the property with refreshed pea gravel. Staff feels this is adequate parking for this unit. 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. Currently the City of Little Rock Department of Planning and Development has thirty (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. On November 9, 2023, the Planning Commission voted 8 ayes, 0 noes, 2 absent and 1 open position, 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. 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 ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT — COMMERCIAL TITLED CARMAN STR-2 — PD-C, LOCATED AT 523 EAST 6TH STREET (Z-9293-A), 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-4A, Low Density Residential District, to PD-C, Planned District - Commercial: Z-9293-A — Described as that part of Fowler Block in STEVENSON'S ADDITION to the City of Little Rock, Pulaski County, Arkansas, described as follows: Begin at the NE corner of said Fowler Block; thence run West 60 feet (deed, measures 60.3 feet) along the South line of East 6th Street; thence run South 150 feet (deed, measures 154.0 feet to a found iron pin in a fence) parallel to the West line of Sherman Street; thence run East 60 feet parallel to the South line of East 6th Street (deed, measure East 71.9 feet to the West line of Sherman Street and a found iron pin along the West right of way of Sherman Street); thence run North 150 feet along the West line of Sherman Street (deed, measures 154.6 feet) to the point of beginning. Based on survey to the South of Penzel Apartments and monuments located at the property. Page 1 of 3 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 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 Carman STR-2 — PD-C, located at 523 East 6 h Street (Z-9293-A) 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. 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. Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PASSED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney H H APPROVED: Mayor Page 3 of 3 FILE NO.: Z-9293-A NAME: Carman STR-2 — PD-C LOCATION: 523 East 6t" Street DEVELOPER: Jennifer Carman 2214 South Battery Street Little Rock, AR 72202 0carmaninc6ayahoo.corn (501) 744-8049 OWNER/AUTHORIZED AGENT: Jennifer Carman 2214 South Battery Street Little Rock, AR 72202 icarmaninc@yahoo.com (501) 744-8049 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.21 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 5 CENSUS TRACT: 46 CURRENT ZONING: R-4A VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant proposes to rezone this 0.21-acre property located at 523 East 6tn Street from R-4A to PD-C to allow use of the property as Short -Term Rental-2 with FILE NO.: Z-9293-A (Cont. 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. B. EXISTING CONDITIONS: The existing two-story brick structure has been a bed and breakfast since 2018. The structure has one unit on the first floor, that is one bedroom. The second floor has a two -bedroom unit. The application site is zoned Low Density Residential (R-4A). Surrounding zoning is also Low Density Residential with a Planned Residential District immediately to the south, and some Urban Use (UU) across the intersection of E. 6th and Sherman Street. This property is a Contributing structure and is in the MacArthur Park Historic District. 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: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comment. FILE NO.: Z-9293-A (Cont.) G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received Plannina Division: The request is in the Downtown Planning District. The Land Use Plan shows Residential Medium Density (RM) for the requested area. The Residential Medium Density (RM) accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi -family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The application is to rezone from R-4A to PD-C. STR-2. The Land Use surrounding the application area is Residential Medium Density (RM). Across the intersection of E. 6th and Sherman Street is Mixed Use Urban (MXU). The application site is zoned Low Density Residential (R-4A). Surrounding zoning is also Low Density Residential with a Planned Residential District immediately to the south, and some Urban Use (UU) across the intersection of E. 6th and Sherman Street. This site is in the MacArthur Park Historic District Overlay District. Master Street Plan: E 6th St is a Local Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan The Master Transportation Plan Map shows a proposed Class 3 Bicycle Route along both E. 6th Street and Sherman Street which is designated with only signage for bicycle use. These routes use the existing vehicular area, with no physical separation. Historic Preservation Plan: This property is a Contributing structure and is in the MacArthur Park Historic District, a local ordinance district. The goal of the local ordinance historic district is to protect and preserve the unique and valued qualities of such an area, its urban design, architectural character, and historic materials in buildings and in landscapes. Any exterior alterations to structures, additions, or site features must receive approval from the Historic District Commission for compliance with the Little Rock Historic Preservation Code (Sec. 23-76-23-160), including alterations 3 FILE NO.: Z-9293-A (Cont. to fulfill the requirements of Short -Term Rental development standards, before a building permit or Short -Term Rental inspection can be issued. H. ANALYSIS: The applicant proposes to rezone this 0.21-acre property located at 523 East 6th Street from R-4A 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 existing two-story brick structure has been a bed and breakfast since 2018. The structure has one unit on the first floor, that is one bedroom. The second floor has a two -bedroom unit. The application site is zoned Low Density Residential (R- 4A). Surrounding zoning is also Low Density Residential with a Planned Residential District immediately to the south, and some Urban Use (UU) across the intersection of E. 6th and Sherman Street. This property is a Contributing structure and is in the MacArthur Park Historic District. The applicant proposes parking for five vehicles at the rear of the property with refreshed pea gravel. Staff feels this is adequate parking for this unit. 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. 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 4 FILE NO.: Z-9293-A (Cont.) 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 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. 5 FILE NO.: Z-9293-A (Cont. 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. 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 thirty (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. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request, subject to compliance with the comments and conditions outlined in paragraph G, and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (NOVEMBER 9, 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 remained on the Consent Agenda for Approval. The vote was 8 ayes, 0 nays, 2 absent and 1 open position. The application was approved. A