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HomeMy WebLinkAboutBOD Staff Report 040424OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION APRIL 2, 2024 AGENDA Subject An Appeal of the Planning Commission's denial of a Planned Zoning District titled Daladier STR-2 — PD-C, located at 906 N. Polk. (Z-9894) 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 applicants, Allison Jenkins and Matthew Daladier, are appealing the Planning Commission's recommendation of denial of the Daladier STR-2 — PD-C located at 906 N. Polk Street. I None Staff recommends approval of the requested PD-C zoning. The Planning Commission recommends denial of the requested PD-C Zoning. The applicant proposes to rezone a 0.16-acre property located at 906 North Polk Street from R2 to PD-C to allow use of the property as Short -Term Rental-2 with a maximum stay of twenty-nine (29) days. When the property owners are in town and on site, they plan to rent out the two downstairs bedrooms only. When they are not at the property, they intend to rent out the entire unit. The property is a 2,334 square foot two story siding structure. The request is in the Heights/Hillcrest Planning District and in the Hillcrest Overlay District, as well as the Hillcrest Residents Association. The Future Land Use Plan BACKGROUND CONTINUED shows Residential Low Density (RL) for the requested area. There is room for one parking space in the driveway and there is ample street parking as well. 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. Currently the City of Little Rock Department of Planning and Development has seventy-eight (78) 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 February 8, 2024, the Planning Commission voted 3 ayes, 5 noes, 1 abstention (Baxter) and 2 absent, to deny the PD-C rezoning. There were two (2) objectors present. The objectors present raised concerns regarding trash, noise and crime issues. 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. P) 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 DALADIER STR-2 — PD-C, LOCATED AT 906 N. POLK STREET (Z-9894), 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-2, Single Family Residential District, to PD-C, Planned District - Commercial: Z-9894 — Described as Lot 2, Block 14, Hollenberg 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 Daladier STR-2 — PD-C, located at 906 N. Polk Street (Z-9894) 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. 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: City Clerk APPROVED AS TO FORM: City Attorney // // APPROVED: Mayor Page 2 of 2 FILE NO.: Z-9894 NAME: Daladier STR-2 — PD-C LOCATION: 906 N. Polk Street DEVELOPER: Allison Jenkins (Agent) 26 Catherine Street Newport, Rhode Island 02840 (973) 617-7577 allisonienkins1112(aD_gmail.com OWNER/AUTHORIZED AGENT: Christopher Daladier (Owner) 26 Catherine St. Apt 1 Newport, RI 02840 (501) 944-2212 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.16 acre WARD: 3 CURRENT ZONING VARIANCE/WAIVERS NUMBER OF LOTS: 1 PLANNING DISTRICT: 4 1W None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 15.01 The applicant proposes to rezone a 0.16-acre property located at 906 North Polk Street from R2 to PD-C to allow use of the property as Short -Term Rental-2 with a maximum stay of twenty-nine (29) days. When the property owners are in town and on site, they plan to rent out the two downstairs bedrooms only. When they are not at the property, they intend to rent out the entire unit. FILE NO.: Z-9894 Cont. B. EXISTING CONDITIONS: The property is a 2,334 square foot two story siding structure. The request is in the Heights/Hillcrest Planning District and in the Hillcrest Overlay District as well as the Hillcrest Residents Association. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. There is room for one parking space in the driveway and there is ample street parking as well. 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 Authori#v: 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: Buildinci Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. 2 FILE NO.: Z-9894 Cont. Plannin❑ Division The request is in the Heights/Hillcrest 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-2 to PD-C. STR-2. Surrounding the application area to the north, west and south is Residential Low (RL). To the east across North Polk Street is an area of Public/Institutional (PI). The application site is zoned Single Family (R-2). Surrounding properties are also zoned Single Family (R-2). To the east is Our Lady of the Holy Soul Catholic Church with a Conditional Use Permit for a Daycare and Middle School with the last permit approved in March 2019 (Z-4184-B). This site is in the Hillcrest Residents Association. This site is in the Hillcrest Overlay District. Master Street Plan: N Polk 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 0.16-acre property located at 906 North Polk Street from R2 to PD-C to allow use of the property as Short -Term Rental-2 with a maximum stay of twenty-nine (29) days. When the property owners are in town and on site, they plan to rent out the two downstairs bedrooms only. When they are not at the property, they intend to rent out the entire unit. The property is a 2,334 square foot two story siding structure. The request is in the Heights/Hillcrest Planning District and in the Hillcrest Overlay District, as well as the Hillcrest Residents Association. The Future Land Use Plan shows 3 FILE NO.: Z-9894 (Cont, Residential Low Density (RL) for the requested area. There is room for one parking space in the driveway and there is ample street parking as well. 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. 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-9894 (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 staffs 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-9894 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: (JAN UARY 11, 2024) This item was deferred to the February 8, 2024 agenda as the applicant failed to complete the required notifications to surrounding property owners. PLANNING COMMISSION ACTION: (FEBRUARY 8, 2024) The applicant was present, representing the application. Staff presented the item and a recommendation for approval. There were 2 persons in opposition. Kelsey Ford spoke concerning issues with trash, noise, and crime. After general discussion, there was a motion to approve the application. There was a second. The vote was 3 ayes, 5 nays 1 abstention (Joshua Baxter) and 2 absent. The application was denied. OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION MARCH 19, 2024 AGENDA Subject Resolution to set the public hearing for April 2, 2024, on an appeal of the Planning Commission's recommendation of denial for a Planned Zoning District titled Daladier STR-2 — PD-C, located at 906 N. Polk Street. (Z-9894) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT Action Required Ordinance Resolution Approval Information Report Approved By Emily Cox Interim City Manager The applicants, Allison Jenkins and Matthew Daladier, are appealing the Planning Commission's recommendation of denial of the Daladier STR-2 — PD-C located at 906 N. Polk Street. I None RECOMMENDATION I Approval of the Resolution to set the public hearing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION NO. A RESOLUTION TO SET APRIL 2, 2024 AS THE DATE OF HEARING ON THE APPEAL OF THE PLANNING COMMISSION'S RECOMMENDATION OF DENIAL FOR A PLANNED ZONING DISTRICT TITLED DALADIER STR-2 — PD-C, LOCATED AT 906 N. POLK STREET (Z-9894) IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. WHEREAS, a notice of appeal has been filed as a result of the action of the Little Rock Planning Commission's recommendation of denial for a Planned Zoning District titled, Daladier STR-2 — PD-C, located at 906 N. Polk Street (Z-9894), in the City of Little Rock, Arkansas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 19 Section 1. The hearing on the notice of appeal of the denial for Planned Zoning District 20 titled Daladier STR-2 — PD-C, located at 906 N. Polk Street (Z-9894) in the City of Little Rock, 21 Arkansas, shall be held at a meeting of the Board of Directors of the City of Little Rock, 22 Arkansas, in the Centre at University Park, 6401 West 12t' Street, Little Rock, Arkansas at six 23 o'clock on the 2nd day of April 2024. 24 25 Section 2. The City Clerk is hereby directed to give notice of such hearing in the 26 manner prescribed by law by publication once a week for two (2) consecutive weeks in a 27 newspaper published in Pulaski County, Arkansas, and having a general circulation in the City 28 of Little Rock. 29 30 31 ADOPTED: 3 ATTEST: APPROVED: Susan Langley, City Clerk Frank Scott, Jr., Mayor 9 APPROVED AS TO LEGAL FORM: 10 11 12 13 Thomas M. Carpenter, City Attorney 14 H 15 H February 12, 2024 Letter to Appeal Attn: Mayor of the City of Little Rock (Mr. Frank Scott Jr) and The Board Of Directors Dear Mr Mayor and The Board Of Directors, We are writing to appeal the decision regarding our family home being re -zoned to accommodate a short term rental (STR-2), for a few months per year when we are out of town. Our address is 906 N Polk St. , Little Rock, AR 72205 Case file no: 9894 Lot 2, Block 14, Hollenberg Add Current classification: R-2 Requested classification: PD-C Currently: single family residence Requested: STR-2 Although we were supported by the Department of Planning and Development, we were opposed (at the 2/8/24 meeting) by a neighbor or two who felt that short term rentals should not be allowed. We have many reasons to prove otherwise and therefore would like the opportunity to be heard by the good people of your office to state our case. We are being supported by the Commission Member Joshua Baxter in our efforts to have this decision turned around in our favor. Mr Baxter has graciously volunteered to stand up with us at our appeal hearing. Please let us know if there is anything else that we can do or any other information that we can provide. Thank you for your time and consideration. Warmest Regards, Allison Jenkins and Matthew Daladier 973-617-7577 allisonjenkins1112@gmail.com o8OV23 APPLICATION FOR PLANNED ZONING (PD-C) FOR A SHORT-TERM RENTAL — 2 CASE. FILE NO. "I_-qy? PLAIJNING COMMISSION MEETING DOCKETED FOR_,;,,_192n • I t t Zoo? at Application is hereby made to the Board of Directors of Little Rock, Arkansas through the Planning Commission pursuant to Arkansas law on City planning, Act 186 of 1957, Acts of Arkansas, and Section 36 of the Little Rock Code of Ordinanars as amended, petitioning for classification of the following described area as a Short Form Planned Zoning Development, Legal Description. t ! Z 10&4- / e" 6 Address: 'q'� t1 >~ Title to this property is vested in: af L If an individual other than the title holder files this application, attachment of a letter is required authorizing this person to act on behalf of the title holder. It is desired that the boundaries shown on the District Map be amended and that this area be amended and that this area be reclassified from the present 1� ' y District to F D — G District. Present Use of Property: Sri►-yu -&"` Desired Use of It is urAerstood that notice of the public hearing hereon before the Little Rock Planning Commission will be published at least fifteen (IS) days prior to said hearing in a daily newspaper as required by Act 186 of the 1957 Acts of Arkansas and Section 23 of said Ordinance, and that notice of preliminary hearing before the Commission must be c1mu3atcd by the applicant to all other patties in interest, including owners of land within 200 feet of the boundary of the am under consideration as required by the arks of the Commission, and that the coot of lbese notices shall be borne by the applicant. (OWNERj MAIL ADDRESS: JQ& or (AOENlj HOME PHONE: 7 ^G lilli5on;enWins 1112,E jon i-CO l BUSINESS PHONE: Collxtore P,C, DENIED' paid statr►P BD, OF DIE. APPROVED: hem ORDINANCE NO. 3tgoa`T�dn He&etwy of Commission or AuthariZed Agent OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION APRIL 2, 2024 AGENDA Subject An Appeal of the Planning Commission's denial of a Planned Zoning District titled Daladier STR-2 — PD-C, located at 906 N. Polk. (Z-9894) 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 applicants, Allison Jenkins and Matthew Daladier, are appealing the Planning Commission's recommendation of denial of the Daladier STR-2 — PD-C located at 906 N. Polk Street. I None Staff recommends approval of the requested PD-C zoning. The Planning Commission recommends denial of the requested PD-C Zoning. The applicant proposes to rezone a 0.16-acre property located at 906 North Polk Street from R2 to PD-C to allow use of the property as Short -Term Rental-2 with a maximum stay of twenty-nine (29) days. When the property owners are in town and on site, they plan to rent out the two downstairs bedrooms only. When they are not at the property, they intend to rent out the entire unit. The property is a 2,334 square foot two story siding structure. The request is in the Heights/Hillcrest Planning District and in the Hillcrest Overlay District, as well as the Hillcrest Residents Association. The Future Land Use Plan BACKGROUND CONTINUED shows Residential Low Density (RL) for the requested area. There is room for one parking space in the driveway and there is ample street parking as well. 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. Currently the City of Little Rock Department of Planning and Development has seventy-eight (78) 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 February 8, 2024, the Planning Commission voted 3 ayes, 5 noes, 1 abstention (Baxter) and 2 absent, to deny the PD-C rezoning. There were two (2) objectors present. The objectors present raised concerns regarding trash, noise and crime issues. 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. P) 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 DALADIER STR-2 — PD-C, LOCATED AT 906 N. POLK STREET (Z-9894), 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-2, Single Family Residential District, to PD-C, Planned District - Commercial: Z-9894 — Described as Lot 2, Block 14, Hollenberg 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 Daladier STR-2 — PD-C, located at 906 N. Polk Street (Z-9894) 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. 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: City Clerk APPROVED AS TO FORM: City Attorney // // APPROVED: Mayor Page 2 of 2 FILE NO.: Z-9894 NAME: Daladier STR-2 — PD-C LOCATION: 906 N. Polk Street DEVELOPER: Allison Jenkins (Agent) 26 Catherine Street Newport, Rhode Island 02840 (973) 617-7577 allisonienkins1112(aD_gmail.com OWNER/AUTHORIZED AGENT: Christopher Daladier (Owner) 26 Catherine St. Apt 1 Newport, RI 02840 (501) 944-2212 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.16 acre WARD: 3 CURRENT ZONING VARIANCE/WAIVERS NUMBER OF LOTS: 1 PLANNING DISTRICT: 4 1W None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 15.01 The applicant proposes to rezone a 0.16-acre property located at 906 North Polk Street from R2 to PD-C to allow use of the property as Short -Term Rental-2 with a maximum stay of twenty-nine (29) days. When the property owners are in town and on site, they plan to rent out the two downstairs bedrooms only. When they are not at the property, they intend to rent out the entire unit. FILE NO.: Z-9894 Cont. B. EXISTING CONDITIONS: The property is a 2,334 square foot two story siding structure. The request is in the Heights/Hillcrest Planning District and in the Hillcrest Overlay District as well as the Hillcrest Residents Association. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. There is room for one parking space in the driveway and there is ample street parking as well. 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 Authori#v: 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: Buildinci Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. 2 FILE NO.: Z-9894 Cont. Plannin❑ Division The request is in the Heights/Hillcrest 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-2 to PD-C. STR-2. Surrounding the application area to the north, west and south is Residential Low (RL). To the east across North Polk Street is an area of Public/Institutional (PI). The application site is zoned Single Family (R-2). Surrounding properties are also zoned Single Family (R-2). To the east is Our Lady of the Holy Soul Catholic Church with a Conditional Use Permit for a Daycare and Middle School with the last permit approved in March 2019 (Z-4184-B). This site is in the Hillcrest Residents Association. This site is in the Hillcrest Overlay District. Master Street Plan: N Polk 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 0.16-acre property located at 906 North Polk Street from R2 to PD-C to allow use of the property as Short -Term Rental-2 with a maximum stay of twenty-nine (29) days. When the property owners are in town and on site, they plan to rent out the two downstairs bedrooms only. When they are not at the property, they intend to rent out the entire unit. The property is a 2,334 square foot two story siding structure. The request is in the Heights/Hillcrest Planning District and in the Hillcrest Overlay District, as well as the Hillcrest Residents Association. The Future Land Use Plan shows 3 FILE NO.: Z-9894 (Cont, Residential Low Density (RL) for the requested area. There is room for one parking space in the driveway and there is ample street parking as well. 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. 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-9894 (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 staffs 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-9894 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: (JAN UARY 11, 2024) This item was deferred to the February 8, 2024 agenda as the applicant failed to complete the required notifications to surrounding property owners. PLANNING COMMISSION ACTION: (FEBRUARY 8, 2024) The applicant was present, representing the application. Staff presented the item and a recommendation for approval. There were 2 persons in opposition. Kelsey Ford spoke concerning issues with trash, noise, and crime. After general discussion, there was a motion to approve the application. There was a second. The vote was 3 ayes, 5 nays 1 abstention (Joshua Baxter) and 2 absent. The application was denied.