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HomeMy WebLinkAboutBOD Staff Report 050724OFFICE 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 Jensen 2 STR-2 — PD-C, located at 1219 Marlyn Drive. (Z-9908) 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, Andrew Jensen, is appealing the Planning Commission's recommendation of denial of the Jensen 2 STR-2 — PD-C located at 1219 Marlyn Drive. 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 .21-acre property located at 1219 Marlyn Drive 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. The owner will not reside in the residence. The entire structure will be rented as one unit. The property is a 980 square foot one story wood frame house. The request is in the I-430 Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property is in the Twin Lakes BACKGROUND CONTINUED Neighborhood Association, John Barrow Neighborhood Association, and West Central Neighborhood Association of John Barrow. Parking should not be an issue due to the fact that there is a concrete driveway in the front of the house that will easily accommodate two cars and also a one car garage. 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 January 11, 2024, the Planning Commission voted 5 ayes, 5 noes, 0 absent and 1 abstention (Baxter), to deny the PD-C rezoning. There were two (2) objectors present. The objectors present raised concerns regarding parking and traffic 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. 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 JENSEN 2 STR-2 — PD-C, LOCATED AT 1219 MARLYN DRIVE (Z-9908), 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-9908 — Described as Lot 5, Section "A", Twin Lakes Subdivision 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 Jensen 2 STR-2 — PD-C, located at 1219 Marlyn Drive (Z-9908) 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. 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: APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 2 of 2 FILE NO.: Z-9908 NAME: Jensen 2 STR-2 — PD-C LOCATION: 1219 Marlyn Drive DEVELOPER: Andrew Jensen (Owner) 608 North Polk St Little Rock, AR 72205 greaterrockinvestmentsCcD mail_,cam (501) 837-5228 OWNER/AUTHORIZED AGENT: Andrew Jensen (Owner) 608 North Polk St Little Rock, AR 72205 greaterrockinvestments cDgmail.com (501) 837-5228 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: .21-acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 11 CENSUS TRACT: 24.08 CURRENT ZONING: R2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant proposes to rezone a .21-acre property located at 1219 Marlyn Drive from R2 to PD-C to allow use of the property as Short -Term Rental-2 with a FILE NO.: Z-9908 (Cont.) maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. B. EXISTING CONDITIONS: The property is a 980 square foot one story brick house. The request is in the 1-430 Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property is in the Twin Lakes Neighborhood Association, John Barrow Neighborhood Association, and West Central Neighborhood Association of John Barrow. Parking should not be an issue due to the fact that there is a concrete driveway in the front of the house that will easily accommodate two cars and also a one car garage. 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. E FILE NO.: Z-9908 Cont. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the 1-430 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. The Land Use surrounding the application area is Residential Low Density (RL). The zoning for the property and all surrounding properties is Singe Family (R-2). The property is in the Twin Lakes Neighborhood Association, John Barrow Neighborhood Association, and West Central Neighborhood Association of John Barrow. Master Street Plan: Marlyn Dr 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 a .21-acre property located at 1219 Marlyn Drive 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. The owner will not reside in the residence. The entire structure will be rented as one unit. The property is a 980 square foot one story wood frame house. The request is in the 1-430 Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property is in the Twin Lakes Neighborhood Association, John Barrow Neighborhood Association, and West Central Neighborhood Association of John Barrow. Parking should not be an issue 3 FILE NO.: Z-9908 (Copt_ due to the fact that there is a concrete driveway in the front of the house that will easily accommodate two cars and also a one car garage. 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 and Protection, Article II. Arkansas Fire Prevention Code. Prior to use as a Bed and 0 FILE NO.: Z-9908 (Cont. 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-9908 Cont. 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. PLANNING COMMISSION ACTION: (JANUARY 11, 2024) The applicant was present, representing the application. Staff presented the item and a recommendation for approval. There were 2 persons who spoke in opposition. Lott Johnson, and Michael Tappin raised concerns about parking issues and traffic. After general discussion about the project, there was a motion to approve the application. The motion was seconded. The vote was 5 ayes, 5 nays and 1 abstention (Baxter). The motion failed. 9 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 Jensen 2 STR-2 — PD-C, located at 1219 Marlyn Drive. (Z-9908) 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 applicant, Andrew Jensen, is appealing the Planning Commission's recommendation of denial of the Jensen 2 STR-2 — PD-C located at 1219 Marlyn Drive. 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 19 20 21 22 23 24 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 JENSEN 2 STR-2 — PD-C, LOCATED AT 1219 MARLYN DRIVE (Z-9908) 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, Jensen 2 STR-2 — PD-C, located at 1219 Marlyn Drive (Z-9908), in the City of Little Rock, Arkansas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. The hearing on the notice of appeal of the denial for Planned Zoning District titled Jensen 2 STR-2 — PD-C, located at 1219 Marlyn Drive (Z-9908) in the City of Little Rock, Arkansas, shall be held at a meeting of the Board of Directors of the City of Little Rock, Arkansas, in the Centre at University Park, 6401 West 12'h Street, Little Rock, Arkansas at six o'clock on the 2nd day of April 2024. 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 4 ADOPTED: 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 15 //