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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 King (1) STR-2 — PD-C located at 1715 N. Tyler Street. (Z-9938) 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 0.15 acre property from R-2 to PD-C to allow a Short -Term Rental (STR-2). I None Approval of the Ordinance The applicant proposes to rezone a .15-acre property located at 1715 North Tyler Street 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 owner will not reside in the residence. The entire structure will be rented as one unit. The STR-2 is currently in operation and has been operating since November of 2021. The property is not currently under enforcement by the City of Little Rock Planning and Development. There has been one police report associated with the STR-2 property since November of 2021. The property is a 1,448 square foot, one story, siding house. The request is in the Heights/Hillcrest Planning District. The Future Land Use Plan shows Residential Low Density development standards, in addition to all other requirements of the new ordinance. Currently the City of Little Rock Department of Planning and Development has eighty-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 within the corporate boundary of the City of Little Rock. There are currently two approved short-term rentals (STR-1 and STR-2) within a one -quarter mile radius of this property. On March 14, 2024, the Planning Commission voted 10 ayes, 0 noes and 1 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 KING (1) STR-2 — PD-C, LOCATED AT 6 1715 N. TYLER STREET (Z-9938), CITY OF LITTLE ROCK, 7 PULASKI COUNTY, ARKANSAS, AMENDING THE OFFICIAL 8 ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR 9 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 R-2, Single Family Residential District, to PD-C, Planned District - Commercial: 16 17 Z-9938 — Described as Lot 12, Block 3, Englewood Addition to the City 18 of Little Rock, Pulaski County, Arkansas, LESS AND EXCEPT the 19 North 3.5 feet of Lot 12, Block 3, Englewood Addition to the City of 20 Little Rock, Pulaski County, Arkansas, Subject to an easement for 21 porch described as: Beginning 48.7 feet East of the Southwest corner 22 of Lot 12; thence North 0.2 feet; thence East 7.8 feet; thence South 0.2 23 feet; thence West 7.8 feet to the Point of Beginning. 24 25 SECTION 2. That the preliminary site development plan/plat be approved as 26 recommended by the Little Rock Planning Commission. 27 28 SECTION 3. That the change in zoning classification contemplated for King (1) 29 STR-2 — PD-C, located at 1715 N. Tyler Street (Z-9938) is conditioned upon obtaining final 30 plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the 31 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: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Mayor Page 2 of 2 FILE NO.: Z-9938 NAME: King (1) STR-2 — PD-C LOCATION: 1715 North Tyler Street AGENT: Tara Masiello (Agent) 612 Tweed Drive Fort Worth, TX 76131 (817) 602-0113 OWNER: Sarah King (Owner) 5921 Ampersand St Little Rock, AR 72207 SURVEYOR/ENGINEER: Cunningham Surveying, LLC 2105 Lorance Dr Little Rock, AR 72206 (501) 222-2535 AREA: .1 5-acre WARD: 3 CURRENT ZONING NUMBER OF LOTS: 1 PLANNING DISTRICT: 4 R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAUREQUESTIAPPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 16 The applicant proposes to rezone a .1 5-acre property located at 1715 North Tyler Street 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 owner will not reside in the residence. The entire structure will be rented as one unit. FILE NO.: Z-993$ Cont. C. E E. F. EXISTING CONDITIONS: The property is occupied by 1,448 square feet, one story, three bedroom, two bath house. The request is in the Heights/Hillcrest Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. This site is in the Forrest Park Neighborhood Association and is located in the Heights Landscape Design Overlay District. There is a gravel driveway in the front of the house suitable for two car parking. 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. ENGINEERING COMMENTS: No comments. UTILITIES/FIRE DEPARTMENT/PARKSICOUNTY 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. BUILDING CODESILANDSCAPE: Building Code: No comments received. Landscape: No comments. TRANSPORTATION/PLANNING : Rock Region Metro: No comments received. 2 FILE NO.: Z-9938 (Cont. Plannina 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. 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). South of the property is a Conditional Use Permit (Z-6644) for an Accessory Dwelling approved in April of 1999. This application site is in the Forrest Park Neighborhood Association This site is located in Heights Landscape Design Overlay District. Master Street Plan North Tyler Street is a Local Street on the Master Street Plan Map. Right-of-way is 50'. Sidewalks are required on one side. Cantrel Road to the north is a Principal Arterial. Principal Arterials are designed to serve through traffic, and to connect major traffic generators or activity centers within urbanized areas. The standard Right of way of 110 feet is required. Sidewalks are required on both sides. 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 a .15-acre property located at 1715 North Tyler Street 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 owner will not reside in the residence. The entire structure will be rented as one unit. 3 FILE NO.: Z-9938 Cont. The STR-2 is currently in operation and has been operating since November of 2021. The property is not currently under enforcement by the City of Little Rock Planning and Development. There has been one police report associated with the STR-2 property since November of 2021. The property is a 1,448 square foot, one story, sidng house. The request is in the Heights/Hillcrest Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. This site is in the Forrest Park Neighborhood Association and is located in the Heights Landscape Design Overlay District. There is a gravel driveway in the front of the house suitable for two car parking. 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 STIR 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. 4 FILE NO.: Z-9938 (Cont.)- 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 H. 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. 5 FILE NO.: Z-9938 Cont. 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 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 within the corporate boundary of the City of Little Rock. There are currently two approved short-term rentals (STR-1 and STR-2) within a one -quarter mile radius of this property. 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: (MARCH 14, 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 10 ayes, 0 nays and 1 absent. The application was approved. 11