HomeMy WebLinkAboutExecuted Application 050724Department of Punning and Development
723 'Vies: PJarkham Stree?
L .'Ve Rock_ Arkansas 72201- 3 3;34
Phone: (501)371-4790 Fax. (501)371-4545
May 6, 2024
Andrew Jensen
608 N. Polk Street
Little Rock, AR 72205
Re: Jensen 2 STR-2 — PD-C (Z-9908)
Dear Mr. Jensen:
Planning
Development
Building Codes
Enclosed please find a copy of the Ordinance passed by the Board of Directors on
April 2, 2024, which rezoned the above referenced property as denied by the Planning
Commission at their January 11, 2024 Public Hearing.
If you have any questions concerning this Ordinance, please call me at 371-4792.
Sincerely,
W4��—
Monte Moore
Development Administrator
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PRESENTED 04-04-202 03 04 34 PM RECORDED: 04-04-2024 03:08:59 PM
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In Official Records of Terri Hollingsworth Circuit/County Clerk
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ORDINANCE NC
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3 AN ORDINANCE TO APPROVE A PLANNED ZONING DEVELOPMENT
4 AND TO ESTABLISH A PLANNED DEVELOPMENT — COMMERCIAL
5 TITLED JENSEN 2 STR-2 PD-C, LOCATED AT 1219 MARLYN DRIVE
6 (Z-9908), LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL
7 ZONING MAP OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR
8 OTHER PURPOSES.
9
10 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
11 ARKANSAS.
12 Section 1. That the zoning classification of the following described property be changed from R-2,
13 Single -Family District, to PD-C, Planned Development - Commercial:
14 Z-9908: Described as Lot 5, Section "A", Twin Lakes Subdivision to the City of Little
15 Rock, Pulaski County, Arkansas.
16 Section 2. That the preliminary site development plan/plat be approved as recommended by the Little
17 Rock Planning Commission.
18 Section 3. That the change in zoning classification contemplated for Jensen 2 STR-2 PD-C, located
19 at 1219 Marlyn Drive (Z-9908), is conditioned upon obtaining final plan approval within the time specified
20 by Chapter 36, Article VIl, Section 36-454 (e) of the Code of Ordinances.
21 Section 4. That this ordinance shall not take effect and be in full force until the final plan approval.
22 Section 5. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock,
23 Arkansas, and Designated District Map be, and is hereby amended, to the extent and in the respects
24 necessary to affect and designate the change provided for in Section I hereof.
25 Section 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
26 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
27 adjudication shall not affect the remaining portions of the ordinance, which shall remain in full force and
28 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the
29 ordinance.
30 Section 7. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with
31 the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
32 PASSED: April 2, 2024
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4 usan n City Clerk
5 APPRO AS TO LEGAL FORM:
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8 Thomas M. Carpenter, City Att nep
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APPROVED:
Frank Scott, Jr., �Yor
[Page 2 of 21
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Area Zoning
City of Little Rock Planning & Development
Case: Z-9908
Location: 1219 MARLYN DR.
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Land Use Plan
City of Little Rock Planning & Development
Case- Z-9908
Location: 1219 MARLYN DR.
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City of Little Rock Planning & Development
Case No: Z-9908
Name: Jensen 2 STR-2
Location: 1219 Marlyn Dr.
Title: PD-C
Z,4,' 1
08/08/23
APPLICATION FOR
PLANNED ZONING (PD-C) FOR A SHORT-TERM RENTAL — 2
CASE FILE NO. Z- v O
PLAIVING COMMISSION MEETING DOCKETED FOR I Z1
aip.m.
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 Ordinances as amended, petitioning for classification of the following
described area as a Short Form Planned Zoning Development.
Legal Description: Lot 5, Section "A", Twin Lakes Subdivision, and Addition to the City of
Little Rock, Pulaski County, Arkansas.
Address: 1219 Marlyn Drive, Little Rock, AR 72205
Joanna Nicole Velasquez
Title to this property is vested in: —
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 T District
to PD L District.
Present Use of Properly:.
Desired Use of Property: Short -Term Rental-2
Residential
It is understood 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 circulated by the applicant to all other parties in interest,
including owners of land within 200 feet of the boundary of the area under consideration as required by
the rules of the Commission, and that the cost of these notices shall be borne by the applicant.
(OWNER)
MAIL ADDRESS: �6 O f Li Pock
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or (AGENT).l HOME PHONE: 50 `S
229
BUSINESS PHONE:
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FILING FEE: P.C. AIM&095:
Collectors P.C. DEN%E
paid stamp BD. OF DIR. PROVED:
here ORDINANCE NO. ZZ�
Sjgdktuk6 4f gecretary of Commission or
Authorized 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 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.
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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
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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.
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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.
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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.
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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.
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ADOPTED:
ATTEST:
APPROVED:
Susan Langley, City Clerk Frank Scott, Jr., Mayor
9 APPROVED AS TO LEGAL FORM:
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13 Thomas M. Carpenter, City Attorney
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