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HomeMy WebLinkAboutBOD Staff Report 050724OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION APRIL 16, 2024 AGENDA Subject An Ordinance approving a Planned Zoning Development titled Evans (2) STR-2 — PD-C located at 4 Catalina Court. (Z-9933) 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 0.20 acre property from R-2 to PD-C to allow a Short -Term Rental (STR-2). I None The Planning Commission recommends Approval of the Ordinance. Staff recommends denial. The applicant proposes to rezone 0.20 acre site located at 4 Catalina Court from R-2 to PD-C to allow use of the property as Short -Term Rental-2 with a maximum stay of twenty-nine (29) days. The structure will be rented as one unit. The owner will not reside at the residence. The STR-2 currently in operation and has been operating for two years. The property is not currently under enforcement by the City of Little Rock Planning and Development. As of this date there have been no police reports associated with the STR-2 property. The property is occupied by a 1,301 square foot brick and frame house with three bedrooms and two baths. The request is in the Rodney Parham Planning District and is in BACKGROUND CONTINUED the Beverly Hills Neighborhood Association. Future land use map shows Residential Low Density (RL) for the requested area. The application site and all surrounding properties are zoned Single Family (R-2). A concrete driveway and a concrete pad will allow parking for at least five 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. Currently the City of Little Rock Department of Planning and Development has eight -two (82) 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. There are currently no short-term rentals within one -quarter mile of this property. On March 14, 2024, the Planning Commission voted 10 ayes, 0 noes and 1 absent, 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 OFFICE DISTRICT TITLED EVANS (2) STR-2 — PD-C, LOCATED AT 4 CATALINA COURT (Z-9933), 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-9933 — DESCRIBED AS LOT 38 OF BEVERLY HILLS ADDITION TO THE CITY OF LITTLE ROCK, AS RECORDED OF PULASKI COUNTY, ARKANSAS, AS SHOWN ON A PLAT OF RECORD, PLAT BOOK 17 AT PAGE 35, RECORDS OF THE CIRCUIT CLERK'S OFFICE, 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 Evans (2) STR-2 — PD-C, located at 4 Catalina Court (Z-9933) 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 APPROVED AS TO FORM: City Attorney Mayor Page 2 of 2 FILE NO. Z-9933 NAME: Evans (2) STR-2 — PD-C LOCATION: 4 Catalina Court AUTHORIZED AGENT: Larry Evans 117 Waterview Garden Roland, AR 72135 (412) 576-9911 OWNER: Larry Evans 117 Waterview Garden Roland, AR 72135 (412) 576-9911 SURVEYOR/ENGINEER: Crafton Tull 10825 Financial Centre Pkwy Suite 300 Little Rock, AR 72211 (501) 664-3245 AREA: .20-acres WARD: 6 CURRENT ZONING NUMBER OF LOTS: 1 PLANNING DISTRICT: 2 R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 22.09 The applicant proposes to rezone 0.20 acre site located at 4 Catalina Court from R-2 to PD-C to allow use of the property as Short -Term Rental-2 with a maximum stay of twenty-nine (29) days. The structure will be rented as one unit. The owner will not reside at the residence. FILE NO.: Z-9933 (Cont.) B. EXISTING CONDITIONS: The property is occupied by a 1,301 square foot brick and frame house with three bedrooms and two baths. The request is in the Rodney Parham Planning District and is in the Beverly Hills Neighborhood Association. Future land use map shows Residential Low Density (RL) for the requested area. The application site and all surrounding properties are zoned Single Family (R-2). A concrete driveway and a concrete pad which will allow parking for at least five 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 Authorii : No comments. Enter : 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. K FILE NO.: Z-9933 (Cont. Plannina Division: The request is in the Rodney Parham 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. The purpose is for STR-2. The Land Use surrounding the application area is Residential Low Density (RL). The application site and all surrounding properties are zoned Single Family (R-2). This site is in the Beverly Hills Neighborhood Association. This site is not located in an Overlay District. Master Street Plan: Catalina Court is a Minor Residential Street on the Master Street Plan. Minor Residential Streets are: (a) A cul-de-sac street not exceeding 40 lots, or (b) a loop street not exceeding 80 lots, and in no case generating more than 400 vehicle trips day. The standard Right-of-way is 45'. This street may require dedication of right- of-way and may require street improvements. Bicycle Plan: The Master Bike Plan Map does not show existing or proposed facilities in this area. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone 0.20 acre site located at 4 Catalina Court from R-2 to PD-C to allow use of the property as Short -Term Rental-2 with a maximum stay of twenty-nine (29) days. The structure will be rented as one unit. The owner will not reside at the residence. The STR-2 currently in operation and has been operating for two years. The property is not currently under enforcement by the City of Little Rock Planning and Development. As of this date there have been no police reports associated with the STR-2 property. 3 FILE NO.: Z-9933 Cont. The property is occupied by a 1,301 square foot brick and frame house with three bedrooms and two baths. The request is in the Rodney Parham Planning District and is in the Beverly Hills Neighborhood Association. Future land use map shows Residential Low Density (RL) for the requested area. The application site and all surrounding properties are zoned Single Family (R-2). A concrete driveway and a concrete pad will allow parking for at least five 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. 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. 4 FILE NO.: Z-9933(Cont.) 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 PD-C zoning request. Currently the City of Little Rock Department of Planning and Development has sixty-eight (68) 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 5 FILE NO.: Z-9933 Cont.) corporate boundary of the City of Little Rock. There are currently no short-term rentals within one -quarter mile of this property. Staff does not support the requested PD-C rezoning. Staff does not believe the request is reasonable and that the proposed PD-C use is not appropriate for this location. Staff feels that the commercial short-term rental will be out of character with the overall area at this time. Staff believes that a commercial zoning at this location would violate the subdivision's bill of assurance. STAFF RECOMMENDATION: Staff recommends denial of the PD-C zoning request. PLANNING COMMISSION ACTION: (MARCH 14, 2024) The applicant was present, representing the application. Staff presented the item and a recommendation for denial. There were no persons in opposition. There was a motion to approve the application. After general discussion there was a second. The vote was 10 ayes, and 0 nays and 1 absent. The application was approved. 0 Planning Commission 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 File No.: Z-9933 Application: Evans (2) STR-2 — PD-C This is to Certify that the Little Rock Planning Commission approved the above referenced application on March 14, 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 P nin Com isslon By: Michael Vickers, Chair