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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 Goff STR-2 — PD-C located at 1601 N. Bryant Street Unit #5. (Z-9903) 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 one (1) unit (Unit #5) of the Windsor Gardens Condominiums from "MF-24" to "PD-C" to allow the unit to be used as a Short -Term Rental-2. I None Approval of the Ordinance The applicant proposes to rezone Unit #5 of the Windsor Gardens Condominiums at 1601 North Bryant Street from MF24 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 as one unit. The unit has been operating as a short-term rental since October 2021. This two-story brick condominium was built in 1975 and has fifty-six units. This request is for Unit #5. This property is a one bedroom one bath unit. The property is in the Meriwether Neighborhood Association. The Future BACKGROUND CONTINUED Land Use Plan shows Residential High Density (RH) for the requested area. This unit has one designated parking place in front of the 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 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 I ORDINANCE NO. 2 3 AN ORDINANCE APPROVING A PLANNED ZONING 4 DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT 5 — COMMERCIAL TITLED GOFF STR-2 — PD-C, LOCATED AT 6 1601 N. BRYANT STREET UNIT #5 (Z-9903), CITY OF LITTLE 7 ROCK, PULASKI COUNTY, ARKANSAS, AMENDING THE 8 OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; 9 AND FOR OTHER PURPOSES. 10 11 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE 12 ROCK, ARKANSAS. 13 14 SECTION 1. That the zoning classification of the following described property be 15 changed from MF-24, Multifamily District, to PD-C, Planned District - Commercial: 16 17 Z-9903 — Described as part of the N1/2 N1/2 SE1/4 NW1/4, Section 36, 18 T-2-N, R-13-W, Pulaski County, Arkansas, more particularly 19 described as follows: 20 From the Northeast corner of the said N1/2 N1/2 SE1/4 NWl/4 Section 21 36, T-2-N, R-13-W, run N89°17' W and along the north line of the said 22 N1/2 N1/2 SE1/4 NWl/4 623.7' to the point of beginning , thence 23 S000081E 333.01; thence WEST 340.0' to the East Right -of -Way line of 24 Bryant Street; thence N00108' W and along the said East Right -of -Way 25 line of Bryant Street 337.31; thence S89017' E and along the said north 26 line of the N1/2 N1/2 SETA NWIA 340.0' to the point of beginning; 27 containing 2.62 Acres more or less. 28 29 SECTION 2. That the preliminary site development plan/plat be approved as 30 recommended by the Little Rock Planning Commission. 31 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 32 SECTION 3. That the change in zoning classification contemplated for Goff STR-2 — PD-C, located at 1601 N. Bryant Street Unit #5 (Z-9903) 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. PASSED: ATTEST: City Clerk APPROVED: Mayor Page 2 of 3 I APPROVED AS TO FORM: 5 City Attorney 6 7 8 9 10 Page 3 of 3 FILE NO.: Z-9903 NAME: Goff STR-2 — PD-C LOCATION: 1601 North Bryant Street #5 DEVELOPER: Dustin Goff (Owner) 718 Whispering Pine Road Little Rock, AR 72210 Dustingoff53 gmaiI._com (512) 658-5361 OWNER/AUTHORIZED AGENT: Dustin Goff (Owner) 718 Whispering Pine Road Little Rock, AR 72210 Dustingo 1 53(a)-gmail.com (512) 658-5361 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 2.49 acre WARD: 3 CURRENT ZONING NUMBER OF LOTS: 1 PLANNING DISTRICT: 3 M F24 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF ENSUS TRACT: 22.03 The applicant proposes to rezone Unit #5 of the Windsor Gardens Condominiums at 1601 North Bryant Street from MF24 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 FILE NO.: Z-9903 (Cont. will not reside in the residence. The entire structure will be rented as one unit. The unit has been operating as a short-term rental since October 2021. B. EXISTING CONDITIONS: This two-story condominium was built in 1975 and has fifty-six units. This request is for Unit #5. This property is a one bedroom one bath unit. The property is in the Meriwether Neighborhood Association. The Future Land Use Plan shows Residential High Density (RH) for the requested area. This unit has one designated parking place in front of the 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 Authority: 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. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. 2 FILE NO.: Z-9903 (Cont.) _ Planning Division: Residential High Density (RH) for the requested area. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. The application is to rezone from MF-24 to PD-C. STR-2. The Land Use surrounding the application area is Residential High Density (RH). The application site is zoned Multi -Family (MF-24). Properties to the south and east are zoned Single Family (R-2). To the north, zoning is General Commercial (C-3). To the west the zoning is Urban Residence (R-5). The property is in the Meriwether Neighborhood Association. Master Street Plan: N Bryant St is a Collector 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 Unit #5 of the Windsor Gardens Condominiums at 1601 North Bryant Street from MF24 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 as one unit. The unit has been operating as a short-term rental since October 2021. This two-story brick condominium was built in 1975 and has fifty-six units. This request is for Unit #5. This property is a one bedroom one bath unit. The property is in the Meriwether Neighborhood Association. The Future Land Use Plan shows Residential High Density (RH) for the requested area. This unit has one designated parking place in front of the 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: 3 FILE NO.: Z-9903 (Cont. 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 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 4 FILE NO.: Z-9903 (Cont.) 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. I. 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. 5 FILE NO.: Z-9903 Cont. 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. 11 Planning Commission 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 File No.: Z-9903 Application: Goff STR-2 — PD-C This is to Certify that the Little Rock Planning Commission approved the above referenced application on January 11, 2024. Therefore, the Little Rock Planning Commission requests that the City of Little Rock Board of Directors adopt an ordinance for the Zoning case referenced above. Little Rock Planning Commission 13y: Todd Hart, ATTEST: r' J Jamie Collins, Secretary i�