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HomeMy WebLinkAboutBOA 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 Mathews 3 STR-2 — PD-C (Z-9860-B) located at 1005 West Charles Bussey Avenue. Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required � Ordinance Resolution Approval Information Report Approved By Emily Cox Interim City Manager The applicant proposes to rezone the 0.34 acre property from R-4 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 0.06-acre property located at 1005 Charles Bussey Avenue from an R4 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 structure will be rented as one unit. The current structure is an 882 square foot residence. The request is in the Central City Planning District and is a contributing structure in the Governors Mansion Historic District. The building is also within the Central City Overlay District. The current zoning is R4 and the Future Land Use Map is showing Residential Low Density (RL). BACKGROUND CONTINUED 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. The subject structure is a part of a seven (7) building development located on three (3) separate parcels comprised of lots 10, 11 and 12, Block 27, Weldon E Wright's Addition. The overall property is 0.57 acre in size. The applicant is requesting a PD-C zoning for each of the structures individually, to allow each structure to be a separate STR-2. The overall project will include one (1) driveway from Charles Bussey Avenue and one (1) driveway from Chester Street. The drives will lead to a shared parking area within the southwest quarter of the overall site. The applicant is proposing 12 on -site parking spaces to serve the seven (7) short-term rentals. The drives and parking will be bordered gravel areas. Additionally, on -street parking is allowed along Charles Bussey Avenue. Staff believes the proposed parking plan will be sufficient to serve the group of short- term rentals. 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 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. 2 BACKGROUND All owners of property located within 300 feet of the site CONTINUED 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. 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 MATHEWS 3 STR-2 — PD-C, LOCATED AT 1005 WEST CHARLES BUSSEY AVENUE (Z-9860-B), 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 PD-C, Planned District - Commercial: Z-9860-B —Described as All of Lots 10, 11 and 12, Block 27, Weldon E. Wright'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 Mathews 3 STR-2 — PD-C, located at 1005 West Charles Bussey Avenue (Z-9860-B) 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 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. RepealeiL 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: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Attorney Page 2 of 2 NAME: Mathews 3 STR-2 — PD-C LOCATION: 1005 West Charles Bussey Avenue DEVELOPER: Bobby Mathews 1422 S. Summit Street Little Rock, AR 72202 abpropertiesark(a�gmail.com (870) 476-2548 OWNER/AUTHORIZED AGENT: Bobby Mathews 1422 S. Summit Street Little Rock, AR 72202 abpropertiesark(@qmail.com (870) 476-2548 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.06 acre nT_1V:1J9M CURRENT ZONING: VARIANCE/WAIVE NUMBER OF LOTS: 1 PLANNING DISTRICT: 8 R-4 None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 47 The applicant proposes to rezone 0.06-acre property located at 1005 Charles Bussey Avenue from an R4 to PD-C to allow use of the property as Short -Term FILE NO.: Z-9860-B (Cont.) Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The structure will be rented as one unit. B. EXISTING CONDITIONS: The current structure is an 882 square foot residence. The request is in the Central City Planning District and is a contributing structure in the Governors Mansion Historic District. The building is also within the Central City Overlay District. The current zoning is R4 and the Future Land Use Map is showing 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 Reciamation Authority: Submit the wastewater infrastructure plans to LRWRA for review and approval. Enteray: 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 comments. FILE NO.: Z-9860-B (Cont.) _ G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. 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 to rezone from R-4 to PD-C. STR-2. The Land Use surrounding the application area is Residential Low (RL) with an area of Public/Institutional to the northeast across the intersection of S. Chester and W. Charles Bussey Avenue. The application site is zoned Low Density Residential (R-4). Properties to the north, south and east of the application site are also zoned Low Density Residential (R-4). To the east across South Chester Street is the Capital Zoning District. This site is in the Central City Overlay District. Master Street Plan: W Charles Bussey Ave is a Local Street on the Master Street Plan. S Chester St is a Collector on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: South Chester Street is shown with proposed Class 2 bicycle lanes. A Bike Lane provides a portion of the pavement for the sole use of bicycles. Historic Preservation Plan This property is in the Governors Mansion Historic District and is a Contributing Structure. H. ANALYSIS: The applicant proposes to rezone 0.06-acre property located at 1005 Charles Bussey Avenue from an R4 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 structure will be rented as one unit. 3 FILE NO.: Z-9860-B (Cont.) The current structure is an 882 square foot residence. The request is in the Central City Planning District and is a contributing structure in the Governors Mansion Historic District. The building is also within the Central City Overlay District. The current zoning is R4 and the Future Land Use Map is showing 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 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. 0 FILE NO.: Z-9860-B (Cont. 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. The subject structure is a part of a seven (7) building development located on three (3) separate parcels comprised of lots 10, 11 and 12, Block 27, Weldon E Wright's Addition. The overall property is 0.57 acre in size. The applicant is requesting a PD-C zoning for each of the structures individually, to allow each structure to be a separate STR-2. The overall project will include one (1) driveway from Charles Bussey Avenue and one (1) driveway from Chester Street. The drives will lead to a shared parking 5 FILE NO.: Z-9860-B (Cont. area within the southwest quarter of the overall site. The applicant is proposing 12 on -site parking spaces to serve the seven (7) short-term rentals. The drives and parking will be bordered gravel areas. Additionally, on -street parking is allowed along Charles Bussey Avenue. Staff believes the proposed parking plan will be sufficient to serve the group of short-term rentals. 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 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 noted in paragraphs E 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. L