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HomeMy WebLinkAboutBOD Staff Report 070524OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION MAY 21, 2024 AGENDA Subject An Ordinance approving a Planned Zoning Development titled Brotman STR-2 — PD-C, located at 221 E. 16th Street. (Z-9948) 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 0.16 acre property from R-4 to PD-C to allow use of the property as a Short - Term Rental (STR-2). I None The Planning Commission recommends approval of the Ordinance. Staff recommends denial. The applicant proposes to rezone 0.16 acre site located at 221 East 161h Street from R-4 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 is currently in operation and has been operating since 2023. The property is not currently under enforcement by the City of Little Rock Planning and Development. As of this date there has been no police report associated with the STR-2 property. The property is occupied by a 1,616 square foot wood frame house with three bedrooms and two baths. The request is in the Central City Planning District. The Land Use Plan BACKGROUND CONTINUED shows Residential Medium Density (RM) for the requested area. This site is in the Pettaway, Downtown, and MacArthur Park Neighborhood Associations. There is a parking pad at the back of the property off Cumberland Street that can accommodate two vehicles as well as on - street parking on East 16th Street. 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 eighty-nine (89) 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 has been seven approved and one denied STR applications within 1/4 mile of the application site. On April 11, 2024, the Planning Commission voted 9 ayes, 2 noes and 0 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 DISTRICT — COMMERCIAL TITLED BROTMAN STR-2 — PD-C, LOCATED AT 221 E. 16TH STREET (Z-9948), 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-4, Two -Family District, to PD-C, Planned District — Commercial: Z-9948 — Described as Lot 12, Block 18, Kitchen's Replat of the East 140 feet of Lots 10, 11 and 12, Block 18, Original 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 Brotman STR-2 — PD-C, located at 221 E. 161h Street (Z-9948) 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: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Mayor Page 2 of 2 FILE NO.: Z-9948 NAME: Brotman STR-2 — PD-C LOCATION: 221 East 16th Street AUTHORIZED AGENT: Greg Lane (512) 484-9799 Glane2217 mail.com !l\A/A Ir7 M. Amy Brotman 1404 Concordia Ave Austin, TX 78722 (512) 589-8545 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: .16-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 47 CURRENT ZONING: R-4 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant proposes to rezone 0.16 acre site located at 221 East 16th Street from R-4 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-9948 (Cont.) B. EXISTING CONDITIONS: The property is occupied by a 1,616 square feet wood frame house with three bedrooms and two baths. The request is in the Central City Planning District. The Land Use Plan shows Residential Medium Density (RM) for the requested area. This site is in the Pettaway, Downtown, and MacArthur Park Neighborhood Associations. There is a parking pad at the back of the property off Cumberland Street that can accommodate two vehicles as well as on -street parking on East 16th Street. 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. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. 2 FILE NO.: Z-9948 (Cont.) Plannina Division: The request is in the Central City Planning District. The Land Use Plan shows Residential Medium Density (RM) for the requested area. The Residential Medium Density (RM) accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi -family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The application is to rezone from R-4 to PD-C. STR-2. Surrounding the application area to the south and west, the land use is Residential Medium Density (RM). Across East 16th Street to the north is Mixed Use (MX) and to the east across Cumberland Street is Residential Low (RL). The application site is zoned Two Family (R-4) as well as properties to the east across Cumberland Street. The property south of the site is zoned Single Family (R-3) and Urban Residence (R-5) to the east. The property across East 16th Street is in Capital Zoning. This site is in the Pettaway, Downtown, and MacArthur Park Neighborhood Associations. The subject site is located in the Central City Design Overlay District (Ord. 18064). Master Street Plan: E 16th Street is a Local Street on the Master Street Plan. Local Streets are roads designed to provide access to adjacent property with the movement of traffic being a secondary purpose. The standard Right-of-way is 50'. Sidewalks are required on one side. 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 0.16 acre site located at 221 East 16th Street from R-4 to PD-C to allow use of the property as Short -Term Rental-2 with a 3 FILE NO.: Z-9948 (Cont. 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 is currently in operation and has been operating since 2023. The property is not currently under enforcement by the City of Little Rock Planning and Development. As of this date there has been no police report associated with the STR-2 property. The property is occupied by a 1,616 square foot wood frame house with three bedrooms and two baths. The request is in the Central City Planning District. The Land Use Plan shows Residential Medium Density (RM) for the requested area. This site is in the Pettaway, Downtown, and MacArthur Park Neighborhood Associations. There is a parking pad at the back of the property off Cumberland Street that can accommodate two vehicles as well as on -street parking on East 16th Street. 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 STIR 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 rd FILE NO.: Z-9948 (Cont.) 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 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. 5 FILE NO.: Z-9948 (Cont.) 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 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 rentals within the corporate boundary of the City of Little Rock. There has been seven approved and one denied STR applications within 1/4 mile of the application site. 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. (APRIL 11, 2024) The applicant was present, representing the application. Staff presented the item and a recommendation for denial. There was one person in opposition. Jon Norcross voiced concerns about traffic issues, possible crime, and neighborhood safety. After general discussion, there was a motion to approve the application. There was a second. The vote was 9 ayes, and 2 nay. The application was approved. C: co CAAPPO �1 2 O Z Lo IL7 R6 RS e Ft THIS THIS SITE Jr PD-C. E DAISY r�-��GRTSpN _ '�� CUPI - R4A RM CUP PQ-R WPa-RI r�saw f PD R[7 { PD-R CD R4 CUP I� t UP lift .. La a 7FH�'-S-r � .._- .., � � � all R5 CUP ............. CUP E 18TH 5T Area Zoning City of Little Rock Planning & Development Case: Z-9948 Location: 221 E. 16th ST. Ward:1 PD: 8 CT: 47 TRS: TIN R12W 10 0 N 100 200 Feet I PAISy ���~E•�sr� sr 1 elf+- THIS SITE In Land Use Plan City of Little Rock Planning & Development Case: Z-9948 Location: 221 E. 16th ST. Ward:1 N PD: 8 CT:47 0 100 200 TRS: TIN R12W 10 Feet iGrcr STP) r c� 0 M ` P Cy J, Q IG.7' I. V 70,0, Sketch Map City of Little Rock Planning & Development Case No: Z-9948 Name: Brotman STR-2 Location: 221 E. 16th St. Title: PD-C k-4.