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HomeMy WebLinkAboutStaff Report for Z-9986June 13, 2024 ITEM NO.: 37 FILE NO.: Z-9986 NAME: Taylor - STR-2’s – PD-C LOCATION: 8411 Ferndale Cut-Off OWNER: Scott & Mary Taylor 8405 Ferndale Cutt-Off Little Rock, AR 72223 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 2.10-acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 19 CENSUS TRACT: 42.13 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: 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 June 13, 2024 ITEM NO.: 37 (Cont.) FILE NO.: Z-9986 2 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: 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. June 13, 2024 ITEM NO.: 37 (Cont.) FILE NO.: Z-9986 3 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. June 13, 2024 ITEM NO.: 37 (Cont.) FILE NO.: Z-9986 4 H. ANALYSIS: 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 June 13, 2024 ITEM NO.: 37 (Cont.) FILE NO.: Z-9986 5 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 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. June 13, 2024 ITEM NO.: 37 (Cont.) FILE NO.: Z-9986 6 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 P revention 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 has been no Department of Planning & Development enforcement cases nor any police reports for this property. June 13, 2024 ITEM NO.: 37 (Cont.) FILE NO.: Z-9986 7 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.