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HomeMy WebLinkAboutBOD Staff Report 040324OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION MARCH 5, 2024 AGENDA Subject An Ordinance approving a Planned Zoning Development titled Arbors Development (Lot 1 AR, Block 50, Original City of Little Rock) STR-2 — Revised PD-R located at 301 E. 15th Street. (Z-8116-A) 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 requests to rezone the 0.09 acre property from "PD-R" to "Revised PD-R" to allow use of the property as a Short -Term Rental-2. I None The Planning Commission recommends Approval of the Ordinance. Staff recommends denial. The applicant proposes to rezone a .09-acre property located at 301 E. 151h Street from PD-R to a Revised PD-R 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 as one unit. The property is occupied by a 1,720 square foot two story wood frame house. The Future Land Use Plan shows Residential Medium Density (RM) for the requested area. The request is in the Central City Planning District. The BACKGROUND CONTINUED site is also in the Downtown, MacArthur Park and the Pettaway Neighborhood Associations, as well as being in the Central City Overlay District. The parking for this unit is accessed off of a shared alleyway access with ample on - street guest parking. There is enough parking for two to three cars. 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 Revised PD-R zoning request. Currently the City of Little Rock Department of Planning and Development has fifty-nine (59) 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 January 11, 2024, the Planning Commission voted 8 ayes, 3 noes and 0 absent, to approve the Revised PD-R 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 REVISED PLANNED DISTRICT — RESIDENTIAL TITLED ARBORS DEVELOPMENT (LOT IAR, BLOCK 50, ORIGINAL CITY OF LITTLE ROCK) STR-2 — REVISED PD-R, LOCATED AT 301 E. 15H STREET (Z-8116-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 PD-R, Planned District - Residential, to Revised PD-R, Planned District - Residential: Z-8116-A — Described as Lot 1AR, Block 50, Original 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 Arbors Development (Lot IAR, Block 50, Original City of Little Rock) STR-2 — Revised PD-R, located at 301 E. 15th Street (Z-8116-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. 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 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: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Attorney Page 2 of 2 FILE NO.: Z-8116-A NAME: Arbors Development (Lot 1AR, Block 50, Original City of Little Rock) STR-2 — Revised PD-R LOCATION: 301 E. 15th Street Tasha Repella (Owner) 1528 23rd Avenue North Nashville, TX 37208 (479) 936-0408 t.repel lag1 Cc7gmail.com OWNER/AUTHORIZED AGENT: Tasha Repella (Owner) 1528 231 Avenue North Nashville, TX 37208 (479) 936-0408 t.rer)ellaOl@gmall.com SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: .09 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 46 CURRENT ZONING: PDR VARIANCE/WAIVERS: None requested. BACKGROUND: In December of 2006 the Planning Commission approved a PD-R Rezoning to allow the subdivision of an existing 83-foot by 140-foot lot into three single-family residential lots. The Board of Directors approved the proposal on January 16, 2007. FILE NO.: Z-8116-A (Cont. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant proposes to rezone a .09-acre property located at 301 E. 15th Street from PD-R to a Revised PD-R 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 as one unit. B. EXISTING CONDITIONS: The property is occupied by a 1,720 square foot two story wood frame house. The Future Land Use Plan shows Residential Medium Density (RM) for the requested area. The request is in the Central City Planning District. The site is also in the Downtown, MacArthur Park and the Pettaway Neighborhood Associations, as well as being in the Central City Overlay District. The parking for this unit is accessed off of a shared alleyway access with ample on -street guest parking. There is enough parking for two to three cars. 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. Enteray: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments. Fire Department: Life Safety Inspection required. Parks and Recreation: No comments received. Count Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. K FILE NO.: Z-8116-A(Cont.) Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Plannina Division: The request is in the Central City 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 PD-R to PD-C. STR-2. Surrounding the application area to the north, east and south the land use is Residential Medium Density (RM). The land use to the west is Mixed Use (MX). The application site is zoned as a Planned Development — Residential (PD-R). Property to the east, west and north is also zoned as a Planned Development — Residential. To the south the zoning is Quiet Office (0-1). The site is in the Downtown, MacArthur Park and the Pettaway Neighborhood Associations. This site is in the Central City Overlay District. Master Street Plan: E 15th Street is a local street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: There are no proposed or existing bicycle facilities in this area. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone a .09-acre property located at 301 E. 15t" Street from PD-R to a Revised PD-R 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 as one unit. 3 FILE NO.- Z-8116-A (Cont. The property is occupied by a 1,720 square foot two story wood frame house. The Future Land Use Plan shows Residential Medium Density (RM) for the requested area. The request is in the Central City Planning District. The site is also in the Downtown, MacArthur Park and the Pettaway Neighborhood Associations, as well as being in the Central City Overlay District. The parking for this unit is accessed off of a shared alleyway access with ample on -street guest parking. There is enough parking for two to three cars. 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 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. 9 FILE NO.- Z-8116-A (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. 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 Revised PD-R zoning request. Staff does not support the requested Revised PD-R. The existing PD-R zoning was established to allow a three -lot single family residential development on small 5 FILE NO.: Z-8116-A ,Cont.) lots. Staff does not feel that the introduction of a commercial use into the existing PD-R development is appropriate. Currently the City of Little Rock Department of Planning and Development has thirty-five (35) 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 denial of requested Revised PD-R. PLANNING COMMISSION ACTION: (JANUARY 11, 2024) The applicant was present, representing the application. Staff presented the item and a recommendation for denial. There were no persons present in opposition. After general discussion about the project, there was a motion to approve the application. The motion was seconded. The vote was 8 ayes, and 3 nays. The motion passed. 1.1