HomeMy WebLinkAboutBOD Staff Report 022625OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
JANUARY 21, 2025 AGENDA
Subject
An Ordinance approving
a Planned Zoning
Development titled Houk
STR-2 — PD-C, located at
2014 N. Cleveland Street
(Z-10034).
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 0.15 acre property
from R-2 to PD-C to allow a Short -Term Rental (STR-2).
I None
Approval of.the Ordinance.
The applicant proposes to rezone a .15-acre property
located at 2014 Cleveland 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 owner will
not reside in the residence. The entire structure will be
rented as one unit.
The property is occupied by a 1,120 square foot, one story,
three (3) bedroom, and two (2) bath house. The request is
in the West Little Rock Planning District and is located
within the Heights Neighborhood Association. The subject
site is also located in the Heights Landscape Design
Overlay District (Ord. 21787).
The Land Use Plan shows Residential Low Density (RL)
for the requested area. There is a concrete driveway
from North Cleveland Street at the northeast corner of the
BACKGROUND
CONTINUED
property. The driveway extends along the north side of the
house with parking for at least three (3) vehicles.
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 I (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.
2
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.
3
BACKGROUND
CONTINUED
All trash pick-up shall comply with requirements for
residential one —and two-family residential zones.
The bill of assurance for this property does not prohibit
short-term rentals. There have been no Department of
Planning & Development enforcement cases nor any police
reports for this property. This property has been in
operation as a Short -Term Rental since August 2021.
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 one hundred ten (110) 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 two (2) approved STR
applications within '/ mile of the application site.
On November 14, 2024, the Planning Commission voted
9 ayes, 0 noes, 1 absent and 1 open position, 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.
0
I ORDINANCE NO.
2
3 AN ORDINANCE APPROVING A PLANNED ZONING
4 DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT
5 — COMMERCIAL TITLED HOUK STR-2 — PD-C, LOCATED AT
6 2014 N. CLEVELAND STREET (Z-10034), CITY OF LITTLE
7 ROCK, PULASKI COUNTY, ARKANSAS, AMENDING THE
8 OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK;
9 AND FOR OTHER PURPOSES.
10
11 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
12 ROCK, ARKANSAS.
13
14 SECTION 1. That the zoning classification of the following described property be
15 changed from R-2, Single Family Residential District, to PD-C, Planned District —
16 Commercial:
17
18 Z-10034 — Described as Lot 7, Block 4, Altheimer Addition to the City of Little
19 Rock, Pulaski County, Arkansas.
f►Q
21 SECTION 2. That the preliminary site development plan/plat be approved as
22 recommended by the Little Rock Planning Commission.
23
24 SECTION 3. That the change in zoning classification contemplated for Houk
25 STR-2 — PD-C, located at 2014 N. Cleveland Street (Z-10034) is conditioned upon obtaining
26 final plan approval within the time specified by Chapter 36, Article VII, Section
27 36-454 (e) of the Code of Ordinances.
28
29 SECTION 4. That this Ordinance shall not take effect and be in full force until the
30 final plan approval.
31
Page 1 of 2
I SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of
2 the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the
3 extent and in the respects necessary to affect and designate the change provided for in
4 Section 1 hereof.
5
6 SECTION 6. Severability. In the event any title, section, paragraph, item,
7 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
8 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
9 ordinance which shall remain in full force and effect as if the portion so declared or adjudged
10 invalid or unconstitutional was not originally a part of the ordinance.
11
12
13
14
15
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.
16 PASSED:
17
18 ATTEST:
19
20
21
22
23
24
25
26
27
28
29
30
31
APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
Page 2 of 2
FILE NO.: Z-10034
NAME: Houk STR-2 — PD-C
LOCATION: 2014 North Cleveland Street
OWNER:
David/Tabitha Houk
2500 Fair Park Boulevard
Little Rock, AR 72204
SURVEYOR/ENGINEER:
Smith and Goodson
7509 Cantrell Road, Suite 227
Little Rock, AR 72207
(501) 414-5496
AREA: .15-acre NUMBER OF LOTS: 1
WARD: 3 PLANNING DISTRICT: 3
CURRENT ZONING: R-2
VARIANCE/WAIVERS: None requested.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
CENSUS TRACT: 49
The applicant proposes to rezone a .15-acre property located at 2014 Cleveland
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 owner will not reside in the
residence. The entire structure will be rented as one unit.
B. EXISTING CONDITIONS:
The property is occupied by a 1,120 square foot, one story, three (3) bedroom, and
two (2) bath house. The request is in the West Little Rock Planning District and is
located within the Heights Neighborhood Association. The subject site is also
located in the Heights Landscape Design Overlay District (Ord. 21787).
FILE NO.: Z-10034
The Land Use Plan shows Residential Low Density (RL) for the requested area.
There is a concrete driveway from North Cleveland Street at the northeast corner
of the property. The driveway extends along the north side of the house with
parking for at least three (3) vehicles.
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 AuthorLty: 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.
Planning Division:
The request is in the West Little Rock 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
2
FILE NO.: Z-10034 (Cont.
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 surrounding the application area is Residential Low Density (RL).
The application site and all surrounding properties are zoned Single Family
(R-2). This property is located within the Heights Neighborhood Association.
The subject site is located in the Heights Landscape Design Overlay District (Ord.
21787).
Master Street Plan:
N Cleveland 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-10034 (Cont.
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FILE NO.: Z-10034 (Cont.
Bicycle Plan:
N Cleveland Street is not shown on the Master Bike Plan with existing or proposed
facilities in this area.
Historic Preservation Plan:
This property is not located in a Historic District.
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FILE NO.: Z-10034 (Cont.
H. ANALYSIS:
The applicant proposes to rezone a .15-acre property located at 2014 Cleveland
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 owner will not reside in the
residence. The entire structure will be rented as one unit.
The property is occupied by a 1,120 square foot, one story, three (3) bedroom, and
two (2) bath house. The request is in the West Little Rock Planning District and is
located within the Heights Neighborhood Association. The subject site is also
located in the Heights Landscape Design Overlay District (Ord. 21787).
The Land Use Plan shows Residential Low Density (RL) for the requested area.
There is a concrete driveway from North Cleveland Street at the northeast corner
of the property. The driveway extends along the north side of the house with
parking for at least three (3) vehicles.
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 1 (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.
7
FILE NO.: Z-10034 (Cont.
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 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.
FILE NO.: Z-10034 (Cont.
All trash pick-up shall comply with requirements for residential one —and two-family
residential zones.
The bill of assurance for this property does not prohibit short-term rentals. There
have been no Department of Planning & Development enforcement cases nor any
police reports for this property. This property has been in operation as a Short -
Term Rental since August 2021.
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 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 two (2) approved STR
applications within'/4 mile of the application site.
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: (OCTOBER 10, 2024)
The applicant was present. The application came off consent agenda. There was one
person in opposition of the application. Daryl Newcomb raised the concern that the Notice
of Public Hearing he received had the wrong address on it. The Notice had the 6401
West 12th street location when in fact the meeting was taking place at 500 West Markham
(City Hall). After some discussion the Commission thought it best if the item was deferred
to the November Agenda due to the wrong address being on the notices. There was a
motion to defer the application. There was a second. The vote was 8 ayes, 0 nays,
2 absent and 1 open position. The application was deferred to the November 14, 2024,
Planning Commission Agenda
PLANNING COMMISSION ACTION: (NOVEMBER 14, 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"
F61
FILE NO.: Z-10034 (Cont.
above. The item remained on the Consent Agenda for Approval. The vote was 9 ayes,
0 nays, 1 absent and 1 open position. The application was approved.
10