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HomeMy WebLinkAboutZ-8576-B BOD Communication 030322OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION DECEMBER 21, 2021 AGENDA Subject An Ordinance approving a Planned Zoning Development titled Avulani Enterprises — POD (Z-8576- 13) located at 17500 Kanis Road. Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required 4Ordinance Resolution Approval Information Report Approved By Bruce Moore City Manager The applicant proposes to rezone the 2.84 acre property from "0-2" Office and Institutional District to "POD" Planned Office District to allow a transitional living facility for youth ages 12 to 18. None Approval of the Ordinance The applicant proposes to rezone the 2.84 acre property located at 17500 Kanis Road from"O-2" Office and Institutional District to "POD" Planned Office District to allow use of the existing single family residential structure as a transitional living facility. The property is located on the north side of Kanis Road, between Chenal Parkway and Rahling Road. The property is located outside the city limits, but within the City's extraterritorial zoning jurisdiction. BACKGROUND CONTINUED The property contains a one-story 2,191 square foot single family residential structure. According to the property survey, a 10 foot wide gravel driveway from Kanis Road is located near the southeast corner of the property. The driveway extends along the east property line to the residential structure. The applicant proposes to use the existing residential structure as a transitional living facility for up to ten (10) youth residents, ages 12 to 18. The residents will come from the state's foster care system and can be emergency placement for a few days up to several months. The facility will have four (4) direct care staff, an administrator, a social service director, a caseworker, a therapist and one (1) night monitor. A more detailed description of the proposed transitional living facility can be found in the attachment as provided by the applicant. The residential structure contains three (3) bedrooms. The applicant proposes to occupy the bedrooms as follows: Bedroom 1 — 225 square feet — 4 beds Bedroom 2 — 196 square feet — 3 beds Bedroom 3 — 196 square feet — 3 beds Section 8-406(a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by 10 persons is 1,050 square feet. As noted earlier the residential structure contains 2,191 square feet. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The bedroom accommodations as proposed comply with this ordinance standard. The applicant is proposing an asphalt driveway from Kanis Road, at the same location as the existing driveway, to serve the transitional living facility. Thirteen (13) parking spaces are shown on the proposed site plan on the east side of the residence. The parking should be sufficient to serve staff and visitors. 2 BACKGROUND CONTINUED The applicant notes that there will be no dumpster on the site. The applicant also notes that there will be no signage and no new site lighting. There will be no use on the site other than the proposed transitional living facility. On Novemober 18, 2021, the Planning Commission voted 9 ayes, 0 noes, and 2 absent, as part of the Consent Agenda, to approve the POD rezoning. There were no objectors present. All owners of property located within 200 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. 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 ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED AVULANI ENTERPRISES — POD, LOCATED AT 17500 KANIS ROAD (Z-8576-B), 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 0-2, Office and Institutional District, to POD, Planned Office District: Z-8576-B — Described as LOT 6 TRACT: All that part of Lot 6, Unit 1, Independence Farms Subdivision, lying North and East of the Southerly Top Bank of Rock Creek, located in the SWIA of Section 36, Township 2 North, Range 14 West, Pulaski County, Arkansas, and being more particularly described as follows: Beginning at the Southeast corner of Lot 6, Unit 1, Independence Farms Subdivision, said point being on the North Right of Way line of Kanis Road; thence N 01°54'04" E 600.81 feet along the East line of said Lot 6 to the Northeast corner thereof, thence N 85113'17" W 200.25 feet to a found 1/2" rebar at the Northwest corner of said Lot 6; thence S 01150'12" W 300.49 feet along the West line of said Lot 6 to a point on the South bank of Rock Creek; thence along the South and West lines of said Rock Creek the following courses and distances; N 65018'40" E 65.8 feet; S 40°18'25" E 48.0 feet; S 09°37140" E 62.0 feet; Page 1 of 3 I S 35040'30" W 22.0 feet; S 79015'20" W 63.0 feet; S 04°19'24" W 16.8 2 feet; S 46003110" E 35.3 feet; S 13026100" W 59.3 feet; S 33015120" W 3 81.3 feet to a point on the East line of said Lot 6; thence S 01050'12" W 4 32.2 feet along said East line to a point on the North right of way line of 5 Kanis Road; thence S 89°56'50" E 76.18 feet to the point of curvature 6 of a 973-foot curve to the right, said curve having a chord bearing and 7 distance of S 81057139" E 124.58 feet; thence along the are of said curve 8 126.27 feet to the Point of Beginning, area containing 2.3759 acres of 9 land, more or less. 10 11 SECTION 2. That the preliminary site development plan/plat be approved as 12 recommended to the Little Rock Planning Commission. 13 14 SECTION 3. That the change in zoning classification contemplated for Avulani 15 Enterprises — POD, located at 17500 Kanis Road (Z-8576-13) is conditioned upon obtaining 16 final plan approval within the time specified by Chapter 36, Article VII, Section 17 36-454 (e) of the Code of Ordinances. 18 19 SECTION 4. That this Ordinance shall not take effect and be in full force until the 20 final plan approval. 21 22 SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of 23 the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the 24 extent and in the respects necessary to affect and designate the change provided for in Section 25 1 hereof. 26 27 SECTION 6. Severability. In the event any title, section, paragraph, item, 28 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 29 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the 30 ordinance which shall remain in full force and effect as if the portion so declared or adjudged 31 invalid or unconstitutional was not originally a part of the ordinance. Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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: 17 City Attorney 18 19 20 APPROVED: Mayor Page 3 of 3 FILE NO.: Z-8576-B NAME: Avulani Enterprises — POD LOCATION: 17500 Kanis Road DEVELOPER: Karolyn Taylor 1120 John Harden Dr., Suite D Jacksonville, AR 72076 OWNER/AUTHORIZED AGENT: Avulani Enterprises, LLC — Owner Eugenia Williams - Agent SURVEYOR/ENGINEER: Harbor Engineering 5800 Evergreen Drive Little Rock, AR 72205 AREA: 2.84 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 19 CENSUS TRACT: 42.13 CURRENT ZONING: 0-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant proposes to rezone the 2.84 acre property from "0-2" Office and Institutional District to "POD" Planned Office District to allow a transitional living facility for youth ages 12 to 18. B. EXISTING CONDITIONS: The property contains a one-story single family residential structure located within the north half of the property. A gravel driveway from Kanis Road runs along the east property boundary to the residential structure. FILE NO.: Z-8576-B Cont. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right of way 45 feet from centerline will be required. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authorit : Only after annexation, Sewer main extension required with easements if new sewer service is required for this project. Enter : No comments received. CenterPoint Ener : No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus 2 FILE NO.: Z-8576-B (Cont. access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments — 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: 1. Survey provided is not legible. Provide a clearer copy. 2. Is the applicant's request concerning an existing building or structure? 3. Any new structures will require a flood development permit and possible no -rise by Pulaski County. 4. Pulaski County will provide additional comments once the above comments are answered/addressed. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. 3 FILE NO.: Z-8576-B Cont. G. TRANSPORTATION/PLANNING: Rock Reaion Metro: No comments. Planning Division: The request is in the Chenal District. The Land Use Plan shows Office (0) for the requested area. Office (0) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The application is to rezone from PCD (Planned Commercial Development) District to POD (Planned Office Development) District allow for the use of the site as a group care facility. Surrounding the application area, the Land Use Plan shows Commercial (C) to the east of the site. Office (0) land use is shown to the north of the application area. Park/Open Space (PK/OS) land use is shown to the south and west of the site. Beyond the PK/OS area is a small area of Office followed by an area of Commercial. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. This area north of Kanis Road includes an electric substation and an outdoor storage facility. The Commercial area west of the site is vacant. Office (0) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The area shown for Office is vacant adjacent to the site but has three office buildings further to the north. The smaller office are west of the PK/OS area has a house on it but has been approved for a mixed non-residential development. The Park/Open Space (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. This area is Flood plain/Floodway for Rock Creek. Master Street Plan: To the south is Kanis Road and it is shown as a Minor Arterial an the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: The applicant proposes to rezone the 2.84 acre property located at 17500 Kanis Road from"O-2" Office and Institutional District to "POD" Planned Office District to allow use of the existing single family residential structure as a transitional living facility. The property is located on the north side of Kanis Road, between Chenal 4 FILE NO.: Z-8576-B (Cont. Parkway and Rahling Road. The property is located outside the city limits, but within the City's extraterritorial zoning jurisdiction. The property contains a one-story 2,191 square foot single family residential structure. According to the property survey, a 10 foot wide gravel driveway from Kanis Road is located near the southeast corner of the property. The driveway extends along the east property line to the residential structure. The applicant proposes to use the existing residential structure as a transitional living facility for up to ten (10) youth residents, ages 12 to 18. The residents will come from the state's foster care system and can be emergency placement for a few days up to several months. The facility will have four (4) direct care staff, an administrator, a social service director, a caseworker, a therapist and one (1) night monitor. A more detailed description of the proposed transitional living facility can be found in the attachment as provided by the applicant. The residential structure contains three (3) bedrooms. The applicant proposes to occupy the bedrooms as follows: Bedroom 1 — 225 square feet — 4 beds Bedroom 2 — 196 square feet — 3 beds Bedroom 3 —196 square feet — 3 beds Section 8-406(a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by 10 persons is 1,050 square feet. As noted earlier the residential structure contains 2,191 square feet. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The bedroom accommodations as proposed comply with this ordinance standard. The applicant is proposing an asphalt driveway from Kanis Road, at the same location as the existing driveway, to serve the transitional living facility. Thirteen (13) parking spaces are shown on the proposed site plan on the east side of the residence. The parking should be sufficient to serve staff and visitors. The applicant notes that there will be no dumpster on the site. The applicant also notes that there will be no signage and no new site lighting. There will be no use on the site other than the proposed transitional living facility. Staff is supportive of the requested POD rezoning to allow use of the existing residential structure as a transitional living facility to serve up to ten (10) youth residents from the State's foster care system. Staff views the request as 5 FILE NO.: Z-8576-B (Cont. reasonable. The property is located in an area along Kanis Road which is quickly redeveloping with non-residential uses and zoning. The property immediately to the west was recently approved for a pet daycare and mini -warehouse uses. A senior adult living facility was also recently approved just west of Rahling Road. A mini -warehouse development is currently being proposed across Kanis Road to the southeast. Staff believes the proposed use of the property will be a very quiet use and will have no adverse impact on the surrounding properties. STAFF RECOMMENDATION: Staff recommends approval of the requested POD zoning, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, in the agenda staff report. 2. 0-2 permitted uses will be allowed as alternate uses for the POD zoning. PLANNING COMMISSION ACTION: (NOVEMBER 18, 2021) The applicant was present. There were no persons present registered in support or opposition. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 9 ayes, 0 nays and 2 absent. 9