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Home My WebLink AboutBOD Staff Report 120524OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION NOVEMBER 19, 2024 AGENDA Subject An Ordinance approving a Planned Zoning Development titled Providence Properties STR-2 — PD-C, located at 719 N. Spruce Street (Z-10048). 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-2 to PD-C to allow a Short -Term Rental (STR-2). I None The Planning Commission recommends approval of the Ordinance. Staff recommends denial. The applicant proposes to rezone 0.61-acre site located at 719 Spruce Street 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. The structure will be rented as one unit. The owner will not reside at the residence. The property consists of a 1,302 square foot wood frame residential structure with two bedrooms and one bath. A concrete driveway provides parking for one car. The request is in the Heights/Hillcrest Planning District. Future land use map shows the North and East of the application site along Kavanaugh Boulevard is Commercial Density (C). South and West of the application site is Residential Low Density (RL). BACKGROUND CONTINUED 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. 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. The applicant stated there was no bill of assurance for this property. There have been no Department of Planning & Development enforcement cases nor any police reports for this property. This property has not previously been in operation as a Short -Term Rental. Currently the City of Little Rock Department of Planning and Development has one hundred six (106) 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 eleven (11) approved STR applications within 1/4 mile of the application site. On October 10, 2024, the Planning Commission voted 8 ayes, 0 noes, 2 absent and 1 open position, 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. 4 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 PROVIDENCE PROPERTIES STR-2 — PD-C, LOCATED AT 719 N. SPRUCE STREET (Z-10048), 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-10048 — Described as Lot 3, Block 37, Pulaski Heights Addition 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 Providence Properties — STR-2 — PD-C, located at 719 N. Spruce Street (Z-10048) 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 H APPROVED: Mayor Page 2 of 2 FILE NO. Z-10048 NAME: Providence Properties STR-2 — PD-C LOCATION: 719 N. Spruce Street AUTHORIZED AGENT: Tara Masiello (Agent) 612 Tweed Drive Fort Worth, TX 76131 OWNER: Daniel Bryant 319 President Clinton Ave Little Rock, AR 72201 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: .16-acre WARD: 3 CURRENT ZONING: VARIANCE/WAIVERS NUMBER OF LOTS: 1 PLANNING DISTRICT: 4 None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 15.01 The applicant proposes to rezone 0.61 acre site located at 719 Spruce Street 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. The structure will be rented as one unit. The owner will not reside at the residence. FILE NO.: Z-10048 (Cont) B. EXISTING CONDITIONS: The property consists of a 1,302 square foot wood frame residential structure with two bedrooms and one bath. A concrete driveway provides parking for one car. The request is in the Heights/Hillcrest Planning District. Future land use map shows the North and East of the application site along Kavanaugh Boulevard is Commercial Density (C). South and West of the application site is Residential Low Density (RL). C. NEIGHBORHOOD NOTIFICATIONS: 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 Authoritv: 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: Buildina Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING:- Rock Region Metro: No comments received. 6 FILE NO.: Z-10048 (Cont. Plannina Division The request is in the Heights/Hillcrest Planning District. The Land Use Plan shows 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 for a Planned Development -Commercial (PD-C) to allow use as a Short -Term Rental (STR-2). The Land Use to the North and East of the application site along Kavanaugh Boulevard is Commercial Density (C). South and West of the application site is Residential Low Density (RL). Zoning to the north and east along both sides of Kavanaugh Boulevard is General Commercial (C-3). The application site and all properties to the south and west are zoned Single Family (R-2). This property is located within the Hillcrest Residents Association and the Save Hillcrest Neighborhood Association. The subject site is located in the Hillcrest Design Overlay District (Ord. 20223). North and adjacent to the site is a pending application for a PD-C STR-2 (Z-10041). Parking may be a concern. Site plan states parking additional parking on the adjacent property owned by Hillcrest Group is available. The Hillcrest Group property has a pending STR-2 application that may already require parking analysis. Furthermore, a parking agreement may be needed between Hillcrest Group and Providence Properties. Master Street Plan: N Spruce 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. 3 FILE NO,: Z-10048 Cont. P Master Street Plan for Z-10048 I G SSREE{ L ' W Z-10441 - LU W i Z-10048 LEI F- W g � zP 4 1 220 410 8$o Feet Bicycle Plan: s N Spruce Street is not shown on the Master Bike Plan with existing or proposed facilities in this area. Historic Preservation Plan: This property is located in the Hillcrest National Register Historic District. 4 FILE NO.: Z-10048 (Cont. f G ST ja Z-10041 Ix m Z 10048 Z - iw Mon F ST s a z >J 162.5 325 650 l I 1 I I 1 l I f Feet Z-10034 r STL+^Ewm , a KAVAW4jGH BLvoST r s r +u oy ZT-10046 '° w w� R Sr CANTRELL RD nSTu a a A 2 P ST Sr ❑ST xx Z-10048 STR-2 STR-2 Under Consideration ,. Approved Short Term Rentals 0-25 Mile _50 Mile 0.75 Mile 1 Mile 0aDfl4 B p5i� G�a�i� CEDAR HkL L ST G LN,,0j1)KC1 f 4'ERGREEN DR�F¢HST HST a y H$T`z 41GST m HT'iSTST r H ¢ FS7Z�1�z F S' a c.yr� RD a WODDLAwN ORz r wdDOln VN OR i[CAVAkAUGH z { CST LEfAVE ' EEEA Q1. m� tat' t N r LEEAVE ~ fu a z CUME ST 2 � C ST'�y C ST a ST U + rn s 3 r i i CST $ LEE RVE �. jll �B Si BSr g 65T¢ 0857 0 to S�Rty 9°�n W MI. RKHAh,} $i �i AST a AST � � � H LJ .2[ 3 � � W • lu i v} z z a x � F'� y ry w 01 c E� 7 <ffi 00 aQ NwalmsT;Or, a d fADJ ,NNAVe x d }, pi g Q 9 jIx Cq' �jai u � Y w6=13A of j'�i : Fy it C w ilk ST '-� a wm st rAkaatSi _ W iBTN ST 1Y 10114 Sr i cCP yY 'tif11GAVE ST. 5 FILE NO.: Z-10048 (C)nte) H. ANALYSIS: The applicant proposes to rezone 0.61-acre site located at 719 Spruce Street 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. The structure will be rented as one unit. The owner will not reside at the residence. The property consists of a 1,302 square foot wood frame residential structure with two bedrooms and one bath. A concrete driveway provides parking for one car. The request is in the Heights/Hillcrest Planning District. Future land use map shows the North and East of the application site along Kavanaugh Boulevard is Commercial Density (C). South and West of the application site is Residential Low Density (RL). 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 FILE NO.: Z-10048 (Cont. 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 11. 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. 7 FILE NO.: Z-10048 (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. The applicant stated there was no bill of assurance for this property. There have been no Department of Planning & Development enforcement cases nor any police reports for this property. This property has not previously been in operation as a Short -Term Rental. Currently the City of Little Rock Department of Planning and Development has one hundred six (106) 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 eleven (11) approved STR applications within 1 /4 mile of the application site. Staff is not supportive of the requested rezoning from R-2 to PD-C. Staff does not believe the request is reasonable and that the proposed PD-C use is not appropriate for this location. Staff feels that parking is not sufficient, and traffic issues are a concern. There have been objections from the surrounding neighbors with concerns about unsustainable increased traffic and congestion on a residential street, increased noise, and reduced marketability and home valuations of current homes on N. Spruce Street. I. STAFF RECOMMENDATION: Staff recommends denial of the PD-C zoning request. PLANNING COMMISSION ACTION: (OCTOBER 10, 2024) The applicant was present. Staff presented the item, and a recommendation of denial as outlined in the "staff analysis" above. There was no person in opposition. After some discussion there was a motion to approve the application. There was a second. The vote was 8 ayes, 0 nay, 2 absent and 1 open position. The motion passed. W