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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 Brandon Realty, LLC 1 STR-2 — PD-C located at 1865 S. Cross Street. (Z-9901) 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 requests to rezone the 0.17 acre property from "R-4" to "PD-C" to allow the principal structure to be used as a Short -Term Rental-2. I None Approval of the Ordinance The applicant proposes to rezone a 0.17-acre property located at 1865 South Cross Street from 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 existing principal structure will be utilized as the STR-2. The property is a 1,670 square foot one story, sided, wood frame structure. This property is a three -bedroom two bath unit. The property is in the Dunbar and Downtown Neighborhood Associations. This property is also a contributing structure and located in the Dunbar Historic District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. There are two on - street parking spaces for this unit. 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. 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 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 11 ayes, 0 noes and 0 absent, 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 BRANDON REALTY, LLC 1 STR-2 — PD-C, LOCATED AT 1865 S. CROSS STREET (Z-9901), 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 -Single Family Residential District, to PD-C, Planned District - Commercial: Z-9901— Described as Lot 4, Block 32, Weldon E. Wright's, an 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 Brandon Realty, LLC 1 STR-2 — PD-C, located at 1865 S. Cross Street (Z-9901) is conditioned upon obtaining final plan approval within the time specified by Chapter 36, Article VI1, 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. 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 // // // APPROVED: Mayor Page 2 of 2 FILE NO. Z-9901 NAME: Brandon Realty, LLC 1 STR-2 — PD-C LOCATION: 1865 South Cross Street DEVELOPER: Brandon Realty LLC (Owner) 1865 South Cross Street Tiffany Miller (Agent) 615 Lake Tree Lane North Little Rock, AR 72120 (501) 838-3063 Tiffanybrandon1(@vahoo.com OWNER/AUTHORIZED AGENT: Brandon Realty LLC (Owner) 1865 South Cross Street Tiffany Miller (Agent) 615 Lake Tree Lane North Little Rock, AR 72120 (501) 838-3063 Tiffanvb ra ndo n 1 dyahoo.com SURVEYOR/ENGINEER: Smith and Goodson 7509 Cantrell Road, Suite, 227 Little Rock, AR 72207 (501) 414-8495 AREA: 0.11-acre WARD: 1 CURRENT ZONING NUMBER OF LOTS: 1 PLANNING DISTRICT: 8 Z.l VARIANCE/WAIVERS: None requested. FT. NEW STREET: 0 LF CENSUS TRACT: 46 FILE NO.: Z-9901 Cont. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant proposes to rezone a 0.17-acre property located at 1865 South Cross Street from 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 existing principal structure will be utilized as the STR-2. EXISTING CONDITIONS: The property is a 1,670 square foot one story, sided, wood frame structure. This property is a three -bedroom two bath unit. The property is in the Dunbar and Downtown Neighborhood Associations. This property is also a contributing structure and located in the Dunbar Historic District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. There are two on - street parking spaces for this unit. 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: Life Safety Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. 2 FILE NO.: Z-9901 Cont. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planninct Division: 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). The application site and all surrounding properties are zoned Two -Family (R-4). The property is in the Dunbar and Downtown Neighborhood Associations. Master Street Plan: S Cross 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 a contributing structure and located in the Dunbar Historic District. H. ANALYSIS: The applicant proposes to rezone a 0.17-acre property located at 1865 South Cross Street from 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 existing principal structure will be utilized as the STR-2. The property is a 1,670 square foot one story, sided, wood frame structure. This property is a three -bedroom two bath unit. The property is in the Dunbar and Downtown Neighborhood Associations. This property is also a contributing structure and located in the Dunbar Historic District. The Future Land Use Plan 3 FILE NO.: Z-9901 Cont. shows Residential Low Density (RL) for the requested area. There are two on - street parking spaces 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. 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. 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 4 FILE NO.: Z-9901 Cont.) 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 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-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. 5 FILE NO.: Z-9901 Cont. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 11, 2024) 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 11 ayes and 0 nays. The application was approved.