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HomeMy WebLinkAboutBOD Staff Report 082924OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION JULY 16, 2024 AGENDA Subject An Ordinance approving a Planned Zoning Development titled Taylor — STR-2's — PD-C, located at 8411 Ferndale Cut -Off (Z-9986). 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 2.10 acre property from "R-2" to "PD-C" to allow two (2) Short -Term Rentals (STR-2's) on the property. I None Approval of the Ordinance. The applicant proposes to rezone a 2.10-acre property located at 8411 Ferndale Cut -Off 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 within two of the four houses proposed for this property. The other two properties will be long-term rentals. The owner will not reside in any of the residences. The entire structures will be rented as one unit. This property is located in the City's Extra Territorial Zoning Jurisdiction (ETJ). The property is occupied by a 1,344 square foot, one story, three bedroom, and two bath house, which will be one of the short-term rentals. The applicant plans to build three tiny homes, one of which will be a short-term rental and the other two will be long-term BACKGROUND CONTINUED rental. The request is in the Chenal Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. This property is in the Citizens of Pulaski County Neighborhood Association. The application site is zoned Single Family (R-2). Properties to the north, east, and west across Ferndale Cut -Off are also Single Family (R-2). South of the application site is a Planned Development — Residential (PD-R) zoned property with 3 residential units and a duplex. There will be ample parking on this 2.10 acre property. The applicant stated there is no Bill of Assurance for this property. There have been no Department of Planning & Development enforcement cases nor any police reports for this property. There are currently no short-term rentals being operated on this property. 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 Ninety -Eight (98) 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 no approved or pending STR's within 1 mile of the application site. On June 13, 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 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 TAYLOR — STR-2'S — PD-C, LOCATED AT 8411 FERNDALE CUT-OFF (Z-9986), 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-9986 — Described as commencing at the NE corner of the SE'/4 of the NW'/4 of Section 17, T-2-N, R-14-W, Pulaski County, Arkansas, run thence West along the North line of said SE'/4 NW'/4, 265.2 feet, more or less, to the center of Ferndale—No.10 Cutoff Road; thence Southwesterly along the center of said road, 942.1 feet, more or less, to the point of beginning of the herein described tract; thence East 447.6 feet to an old fence row; thence S02116' W along an old fence row, 222.4 feet; thence West 377.8 feet to the centerline of said Ferndale-No.10 Cutoff Road; thence Northwesterly along centerline of road 231.3 feet, more or less to the point of beginning. SECTION 2. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. Page 1 of 3 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 3. That the change in zoning classification contemplated for Taylor — STR-2's — PD-C, located at 8411 Ferndale Cut -Off (Z-9986) 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. 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: Mayor Page 2 of 3 APPROVED AS TO FORM: 4 City Attorney 6 // 7 // 8 9 // 10 Page 3 of 3 FILE NO.: Z-9986 NAME: Taylor - STR-2's — PD-C LOCATION: 8411 Ferndale Cut -Off rol"M011 �El Scott & Mary Taylor 8405 Ferndale Cut -Off Little Rock, AR 72223 RVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 2.10-acre WARD: N/A CURRENT ZONING: VARIANCE/WAIVERS NUMBER OF LOTS: 1 PLANNING DISTRICT: 19 R-2 None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 42.13 The applicant proposes to rezone a 2.10-acre property located at 8411 Ferndale Cut -Off 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 within two of the four houses proposed for this property. The other two properties will be long-term rentals. The owner will not reside in any of the residences. The entire structures will be rented as one unit. B. EXISTING CONDITIONS: This property is located in the City's Extra Territorial Zoning Jurisdiction (ETJ). The property is occupied by a 1,344 square foot, one story, three bedroom, and two bath house, which will be one of the short-term rentals. The applicant plans to build three tiny homes, one of which will be a short-term rental and the other two FILE NO.: Z-9986 (Cont. will be long-term rental. The request is in the Chenal Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. This property is in the Citizens of Pulaski County Neighborhood Association. The application site is zoned Single Family (R-2). Properties to the north, east, and west across Ferndale Cut -Off are also Single Family (R-2). South of the application site is a Planned Development — Residential (PD-R) zoned property with 3 residential units and a duplex. There will be ample parking on this 2.10 acre property. C. NEIGHBORHOOD COMMENTS: u E. F W 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/PARKS/COUNTY PLANNI Little Rock Water Reclamation Authority: 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. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. 2 FILE NO.: Z-9986 Cont. Planning_ division: The request is in the Chenal Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) accommodates 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 application is to rezone from R-2 to PD-C. STR-2 The Land Use to the north and south of the application area is Residential Low (RL). To the west, across Ferndale Cut -Off, is also Residential Low (RL). To the rear of the site to the east, the Land use is Park/Open Space (PK/OS) along the Little Maumelle River. The application site is zoned Single Family (R-2). Properties to the north, east, and west across Ferndale Cut -Off are also Single Family (R-2). South of the application site is a Planned Development — Residential (PD-R) zoned property with 3 residential units and a duplex. This property is in the Citizens of Pulaski County Neighborhood Association. Master Street Plan: Ferndale Cut -Off is a Principal Arterial on the Master Street Plan. Principal Arterials are high volume roads designed to serve through traffic and to connect major traffic generators or activity centers within an urbanized area. Standard Right -of -Way (ROW) of 110 feet is required. Sidewalks are required on both sides. This road may need more ROW and/or paving width. Bicycle Plan: Ferndale Cut -Off is on the Master Bike Plan as a Proposed Class 2 Bike Lane. Class 2 Bike Lanes provides a portion of the pavement for the sole use of bicycles. Historic Preservation Plan: This property is not in a Historic Preservation District. 3 FILE NO.: Z-9986 (Cont.) H GARRISON RD y� 70 C_,MeRO" 00D 4 Q G LU O J S z LL Z-9986 A. J� " NL P cLERvq(jxOR o y9�AMONTDR SrORy� CAR�Ya� *Items Under Consideration 46'Board of Directors Adopted Distance in Feet 1320 2640 3960 5280 ANALYSIS: DIXIE RD 0 af W w 0 U The applicant proposes to rezone a 2.10-acre property located at 8411 Ferndale Cut -Off 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 within two of the four houses proposed for this property. The other two properties will be long-term rentals. The owner will not reside in any of the residences. The entire structures will be rented as one unit. This property is located in the City's Extra Territorial Zoning Jurisdiction (ETJ). The property is occupied by a 1,344 square foot, one story, three bedroom, and two bath house, which will be one of the short-term rentals. The applicant plans to build three tiny homes, one of which will be a short-term rental and the other two 4 FILE NO.: Z-9986 Cont. will be long-term rental. The request is in the Chenal Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. This property is in the Citizens of Pulaski County Neighborhood Association. The application site is zoned Single Family (R-2). Properties to the north, east, and west across Ferndale Cut -Off are also Single Family (R-2). South of the application site is a Planned Development — Residential (PD-R) zoned property with 3 residential units and a duplex. There will be ample parking on this 2.10 acre property. 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. 5 FILE NO.: Z-9986 Cont. 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. All trash pick-up shall comply with requirements for residential one —and two-family residential zones. The applicant stated there is no Bill of Assurance for this property. There have been no Department of Planning & Development enforcement cases nor any police reports for this property. L FILE NO.: Z-9986 (Cont. 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 Ninety -Eight (98) 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 no approved or pending STR's within 1 mile of the application site. 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: (JUNE 13, 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. 7