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Z-5664 Staff AnalysisApril 20, 1993 ITEM O.: B FILE N Z-566 LOCATION: OWNER/APPLICANT• PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location Shannon Hills Wastewater Treatment Facility - Conditional Use Permit The SW 1/4, SE 1/4 and the West 330 feet of the North 1/2, SE 1/4, SE 1/4, Section 16, T -1-S, R -13-W, Little Rock, Arkansas. Shannon Hills Water, Sewer and Fire Protection Improvement District No. 3/Charles Brown, Agent A conditional use permit is requested to allow for the construction and operation of a waste water treatment facility on this R-2 zoned 45.5 acres site. The site is located 1/4 mile East of the intersection of Vimy Ridge Road and County Line Road; directly north of and adjacent to the Pulaski County/Saline County line. 2. Com at ibi J it vri th Nei hborhood The predominance of the adjacent neighborhood is comprised of vacant R-2 zoned property. Directly west of this site is a 600 foot wide cleared strip utilized by AP&L for a main transmission line. The nearest occupied residential properties within the Little Rock city limits appear to be approximately 600 feet to the west and 600 feet to the east. Directly south of and adjacent to this site are several single family homes. These homes are located in the Saline County community of Shannon Hills. A 70 acre tract located directly north of and adjacent to this property has been donated to the city for future park development. The applicant is proposing to construct an open, pond type sewage treatment plant utilizing four cells and a 13 acre open pond. April 20, 1993 ITEM NQ.: B Continued FILE Z- 4 Due to the proximity of adjacent residential uses and the future proposed park, it is felt by staff that this particular proposed sewage treatment plant is inappropriate for this neighborhood and would have a detrimental effect on the adjacent properties. 3. on --Site iDrives and Parkin The applicant is proposing wide all-weather road which treatment cells and pond. 4.creez}in and S ffers to construct a single 12 foot will access the pump station and Determining an adequate amount of buffer for this type use is difficult, but at the very least compliance with the landscape and buffer ordinances is required. There is not sufficient area set aside on the west perimeter of this site to comply with the buffer ordinance requirements. 5. City Enr�ineex Comments Provide an engineering study by a waste water specialist. Right-of-way dedication and Master Street Plan improvements are required for County Line Road which is to extend along the south perimeter of this site. 6. Utility Comments Little Rock Waste Water utility has voiced objections to this project with Arkansas Department of Pollution Control and Ecology in the past and still feels this is not an appropriate use for this property. The discharge from this property could be detrimental to the down stream watershed. Little Rock Municipal Water Works has a 16 inch water main in a 20 foot easement across the north line of this property. This main and easement should be shown. The applicant should obtain approval and comply with any health department requirements for protecting this main. 7. Analysis After an intensive review of this proposal involving the Department of Neighborhoods and Planning, City Engineer's office, Little Rock Waste Water Utility and Little Rock Municipal Water works, a consensus has been reached that this proposal is inappropriate and should not be supported. In addition to those listed above, several items of concern have been raised and are listed as follows: E April 20, 1993 ITEM I3C.: B C n iaued FILE N Z-5554 A. The applicant has yet to provide an engineering study by a waste water specialist showing how this particular proposed treatment plant will work. B. The applicant has yet to provide documentation of review and approval for this system by Arkansas Pollution Control and Ecology and other reviewing agencies. C. Staff understands that the City of Shannon Hills has previously entered into a contractual agreement with the City of Little Rock to tie onto Little Rock's sewer system. D. Based on that contract, Little Rock Waste Water Utility has extended a force main to within 5 feet of the Shannon Hills sewer line. E. The treatment plant constructed by the City of Little Rock, located east of the airport, was designed to handle the watershed south and east of the city, including Shannon Hills. F. This proposed treatment plant discharges into otter Creek which flows into the City of Little Rock. G. The area along Otter Creek is designated parks/open space on the land use plan. This proposed use could violate the plan. 8. Staff Recommendation Staff recommends denial of this application as being an inappropriate use of this property, and not in the best interest of the citizens of the City of Little Rock. SQBiiIVISTON COMMITTEE COMMENT: (FEBRUARY 18, 1993) Charles Brown was present representing the application. Staff presented the item and outlined the various concerns noted above. A lengthy discussion then followed between Mr. Brown and the Committee members in which Mr. Brown explained the history of the relationship between Shannon Hills and the Little Rock Waste Water Utility. He further stated that it was necessary for Shannon Hills to construct this waste water treatment plant. Jerry Gardner of the City Engineer's Office addressed the Committee and explained the need for the right-of-way dedication and Master Street Plan improvements for County Line Road. He 3 April 20, 1993 ITEM N B Con inued FILE NO.: Z-56 54 stated that the applicant could make in lieu contributions for the improvements to County Line Road. Bob Brown of the City staff explained the need for required buffers adjacent to residential property. After further discussion, the Committee forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MARCH 9, 1993) The applicant was not present. There were no objectors present. Dana Carney, of the Planning staff, informed the Commission that the applicant had requested a deferral until the April 20, 1993 planning Commission meeting. The applicant stated that there are some modifications which need to be made to the site plan, and which must he reviewed by the Department of Pollution Control and Ecology prior to submitting the item to the Planning Commission. As part of the Consent Agenda, this application was deferred to the April 20, 1993 Planning Commission meeting. The vote was 9 ayes, 0 noes and 2 absent. SUBDIVISION COMMITTEE COMMENT: (APRIL 1, 1993) Tim Lemons was present representing the application. Staff presented the item and informed the Committee that a revised site plan had been received which addresses some of staff's concerns. The revised site plan shows the required right-of-way dedication for County Line Road and the required buffer on all perimeters other than the west perimeter. The west perimeter is adjacent to a 300 foot wide AP&L easement and the normally required buffer may not be necessary. Staff informed the Committee that several outstanding issues have yet to be resolved and listed them as follows: 1. In lieu contributions for Master Street Plan improvements are required for County Line Road. 2. Provide documentation of review and approval for this system by Arkansas Pollution Control and Ecology and other reviewing agencies. 3. Provide engineering study by wastewater specialists. 4. There is an existing water main on the north perimeter of this property. Show Health Department approval of discharging upstream and in such close proximity to this water main. 4 April 20, 1993 ITEM NO.: B Continued FILE NO.: -7- rrr 4 5. The area along Otter Creek is designated parks/open space on the land use plan. Would this use violate the plan? 6. This proposed plant is directly adjacent to a proposed future 70 acre park. 7. All outstanding concerns remain regarding the validity of constructing this plant when previous arrangements have been made for Shannon Hills to tie onto Little Rock's sewer system. 8. Indicate specific treatment of the areas set aside for buffers to comply with ordinance requirements. 9. A 6 foot screening fence is required along the south perimeter. Mr. Lemons addressed the Committee and informed them that documentation is forthcoming which will address concerns noted in Items No. 2, 3 and 4 listed above. He stated that state law requires the site to be enclosed with a 6 foot chain link fence topped with barbed wire, and not a wood screening fence as was suggested by staff. Mr. Lemons was informed that it was even more imperative that he submit plans for specific treatment of the buffer areas if he intended to utilize natural vegetation as screening in lieu of the screening fence. Mr. Lemons was advised to have the required documentation and revisions to staff prior to the Planning Commission meeting. The Committee then forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (APRIL 20, 1993) Charles Brown was present representing the application. There were several objectors present. Jim Lawson, Director of the Department of Neighborhoods and Planning, presented the item and a staff recommendation of denial. He then presented a list of reasons for denial as follows: 1. In conflict with the development standards and review guidelines as outlined in Section 36-107. (1) The proposed use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. 61 April 20, 1993 ITEM NO.: B _ (Continued) FILE NO.: Z-5664 (2) The proposed land use is compatible with and will not adversely effect other properties in the area where it is proposed to be located. (7) Safeguards proposed to limit obnoxious or offensive emission including lighting, noise, glare, dust and odor are addressed. 2. An unproven design for this application. 3. Could adversely affect the city's stormwater management responsibility. Shannon Hills' current facility is not properly operated and is under an EPA mandate. 4. Located in a single family area, next to a school. 5. Located adjacent to a 70 acre city park. 6. An agreement had been made in 1984 to tie on to Little Rock Wastewater system. The Fourche plant system, when designed, included the Shannon Hills service area. 7. Little Rock sewer main within 5 feet of Shannon Hills' line with an in -city use rate. 8. Many citizens of Shannon Hills are opposed to the treatment facility. 9. State Health Department recommends connecting to Little Rock's sewer. In response to a question from the Commission, Don Hamilton, Wastewater Attorney, stated that Shannon Hills and Little Rock had signed a contract whereby Shannon Hills would tie onto Little Rock's Wastewater system. He further stated that Little Rock has made an offer to settle with Shannon Hills and may end up in court. Commissioner Putnam then asked about the Planning Commission being involved in this dispute with Saline County and its citizens. Assistant City Attorney Stephen Giles then informed the Commission that they should only address the land use question and the effect of this proposed wastewater treatment plant on those residents of the area, including those in Shannon Hills. Rick Barger, Director of Operations for Little Rock Wastewater Utility, then addressed the Commission. He made several points which are listed as follows: 1. The proposed plant discharge from this wastewater treatment plant will run through the City of Little Rock, including Hindman Park and Interstate Park. 6 April 20, 1993 ITEM NO.: B Continued FILE NO.: z-5664 2. Little Rock wastewater system lines in this area are designed to accommodate Shannon Hills. 3. The proposed Shannon Hills Treatment Plant is an inappropriate process, not yet proven to be workable. 4. Shannon Hills has a history of noncompliance in wastewater treatment. 5. Shannon Hills paid $150,000 to lay lines to within two feet of existing Little Rock wastewater lines. 6. Little Rock has received national goal awards for compliance in wastewater management. This level of performance may be in jeopardy if the proposed wastewater treatment plant is built. 7. The proposed wastewater treatment plant will produce odors and mosquitoes which will have a negative effect on the citizens of Little Rock. Commissioner Nicholson then asked why Shannon Hills is proposing to build this plant. Mr. Barger stated that there is a perceived cost savings of $5.00 a month to the citizens of Shannon Hills if they build their own plant rather than tie on to Little Rock's Wastewater system. Commissioner Willis then asked how Shannon Hills' Wastewater Treatment was being handled now. Mr. Barger stated that they are discharging partially treated waste into Otter Creek at this time. Commissioner Chachere asked if the Little Rock Wastewater Treatment Plant can handle Shannon Hills' Wastewater. Mr. Barger stated that Little Rock could handle Shannon Hills' wastewater. Little Rock's Wastewater Treatment Plant is operating only at 60% capacity and Shannon Hills' wastewater would add only one to two percent. Shannon Hills has only about 500 customers and Little Rock has 50,000. Jerry Gardner, of the Public Works Department, then addressed the Commission. He stated that under the Clean Water Act of 1987, the City of Little Rock is responsible for "policing" any entities that discharge into Little Rock streams. This would make Little Rock responsible for the performance of Shannon Hills' Wastewater Plant. Little Rock would act as a regulatory agency to oversee that plant. Vl April 20, 1993 ITEM NO.: B Continued FILE NO.: Z---5664 Commissioner VonTungeln then stated that the operation of this proposed plant seems to be an important component of the land use review of this project. Mr. Gardner stated that is why he felt it important to inform the Commission. Charles Brown, agent for the application, then addressed the Commission. He stated that Shannon Hills deems the previously mentioned contract to be breached. He then presented documentation to the Commission reinforcing his argument that the City of Little Rock had breached that contract. Mr. Brown then made several statements to the Commission in support of the application. He stated that the proposed plant would have no effect on Little Rock residences as there are no homes within 600 feet of the proposed plant. He stated that the Health Department and the Department of Pollution Control and Ecology had approved the proposed plant. Mr. Brown then stated that this particular location was the best location for the proposed plant due to its distance from adjacent residences and the required gravity flow for the wastewater treatment plant. Mr. Brown then stated that Shannon Hills could relocate its wastewater treatment plant upstream, but would still have discharge into Otter Creek. At this point, Chairman Walker then recused and stepped down from the discussion. Tim Lemons, the engineer for the proposed wastewater treatment plant developer, then addressed the Commission." He stated that the Pollution Control and Ecology Department and the Arkansas Department of Health have approved the design of this plant. He further stated that the constructed wetlands type of wastewater treatment plant has been proven to work. Commissioner Putnam then stated that the Commission must focus on land use questions and not technological issues. He further stated that the Commission needed to hear from the citizens who were present at the hearing. Commissioner Woods then asked why the citizens of Shannon Hills are against the proposal if it is supposed to cost less. Mr. Brown then stated that there is a political situation over control of the Shannon Hills Sewer Commission. 8 April 20, 1993 IT ND-: B Con inued FILE NO.: Z-5664 Commissioner Oleson then stated that she agreed with Commissioner Putnam, this is a land use issue. Beverly Rook, of 11300 Donnie Drive, then addressed the Commission. She stated that her property borders the proposed sewer plant. She further stated that the property has been clear cut and has created a runoff problem which has flooded her property and created a breeding ground for mosquitoes. Bob Rollins, of 13400 Meyer Lane, then addressed the Commission. He stated that he was in opposition to the proposed plant due to its proximity to residential properties. Mr. Rollins stated that a neighbor had tried to sell his home, but had lost the sale due to the proposed wastewater treatment plant. He stated that he hopes Little Rock and Shannon Hills can come to an agreement which would allow Shannon Hills to tie on to Little Rock's wastewater treatment system. Mr. Rollins then presented several letters from nearby Little Rock residents in opposition to the proposed treatment plant. Mr. Ellery Cook, of 14700 Allen Drive, then addressed the Commission in opposition to the proposed wastewater treatment plant. Laura Chandler Mozisek, of 11424 Donnie Drive, then addressed the Commission. She stated that she is concerned about property values in the area. She further stated that she had a fear that the proposed treatment plant would create a problem with snakes and mosquitoes. Ms. Mozisek expressed hope that Shannon Hills and Little Rock can work out an equitable contract to allow Shannon Hills to tie on to Little Rock's wastewater treatment system. Ms. Mozisek stated that under Little Rock City Code, Section 36-107, this proposed treatment plant will adversely effect the adjacent residences and should be denied. James Wood, of 15 Sheila Lane, presented a lengthy list of reasons why the proposed treatment plant should be denied. Ted Meyer, of 12820 Meyer Lane, then addressed the Commission in opposition to the proposed wastewater treatment plant. He stated that Shannon Hills has not maintained its current plant. He further stated that maintenance is his number one concern, and he fears that the proposed wastewater treatment plant will have a detrimental impact, if not properly maintained. Ruth Bell, of the League of Women Voters of Pulaski County, then addressed the Commission in opposition to the proposed wastewater treatment plant. She stated that the plant was an inappropriate land use in this area. Ms. Bell stated that the surrounding properties are residential and that the proposed plant would have a negative impact on future residential development. 9 April 20, 1993 ITEM NO.; B Continued FILE NO.: Z-5564 Mr. Joe Sullivan, of 13302 Meyer Lane, then addressed the Commission in opposition to the proposed plant. Two other individuals in opposition to the proposed treatment plant, Allen Long and Sammie Jones, did not address the Commission. Commissioner Oleson then asked if anything can be done about the clear cutting that has taken place on the property. Jerry Gardner stated that the Excavation and Clearing Ordinance does cover this case. There should have been a permit obtained. The Excavation and Clearing Ordinance requires that a perimeter of uncleared trees be left and that erosion concerns be addressed. Assistant City Attorney Stephen Giles stated that a violation of this ordinance is a misdemeanor and is prosecutable in Little Rock Municipal Court. Charles Brown then stated that the site had been cleared before the Shannon Hills Water, Sewer and Fire Protection Improvement District bought it. At a request from Commissioner Nicholson, Mr. Lawson used an aerial photograph of the area to point out the zoning and uses in this vicinity. Commissioner McDaniel then stated that he thought this proposal was a bad land use and that he could not support it. Further discussion then followed. Commissioner Nicholson then stated that based on the adjacent uses, the existing zoning in the vicinity and the inappropriate nature of this proposed land use, she was making a motion to deny the application. A vote was taken on the motion to deny. The vote was 9 ayes, 0 noes, 1 absent and 1 abstention (Walker). The application was denied. 10 1. Meeting Date: May 18, 1993 2. Case No.: Z-5664 3. Request: Conditional use permit to allow for the construction and operation of a wastewater treatment facility on this R-2 zoned, 45.5 acre site. 4. Location: The SW 1/4, SE 1/4 and the West 330 feet of the North 1/2, SE 1/4. SE 1/4, Section 16, T -1-S, R -13-W, Little Rock, Arkansas; generally located 1/4 mile East of the Intersection of Vimy Ridge Road and County Line Road. 5. Owner A licant: Shannon Hills Water, Sewer and Fire Protection Improvement District No. 3/Charles Brown, Agent 6. Existing S atu : 45.5 acre, undeveloped site which has been clear-cut. 7. Proposed Use: Wastewater treatment facility for the City of Shannon Hills 8. Staff Recommendation: Denial, as being an inappropriate land use and not in the best interests of the citizens of Little Rock. 9. Planning Commission Recommendation: Denial, as being an inappropriate land use. 10. Conditions yr issues Remaining to be _Resolved: The major remaining issue, other than the inappropriate nature of this proposed land use, is a legal question concerning a contract whereby Shannon Hills is to tie on to Little Rock's wastewater system. 11. Ri ht-of-wa Issues: Right-of-way dedication and Master Street Plan improvements are required for County Line Road which is to extend along the south perimeter of this site. 12. Recommendation Forwarded With: A Planning Commission vote of denial. The vote to deny the application was 9 ayes, 0 noes, 1 absent and 1 abstention (Walker). 13. Oblectors: There are many objectors both in Little Rock and Shannon Hills. 14. Neighborhood Plan: otter Creek, 16 FILE NO.- Z- 664 NAME: LOCATION: OWNER/APPLICANT: WNER APPLICANT- PROPOSAL: PROPOSAL - ORDINANCE ORDINANCE DESIGN STANDARDS: 1. Site Location Shannon Hills Wastewater Treatment Facility - Conditional Use Permit The SW 1/4, SE 1/4 and the West 330 feet of the North 1/2, SE 1/4, SE 1/4, Section 16, T -1-S, R -13-W, Little Rock, Arkansas. Shannon Hills Water, Sewer and Fire Protection Improvement District No. 3/Charles Brown, Agent A conditional use permit is requested to allow for the construction and operation of a waste water treatment facility on this R-2 zoned 45.5 acres site. The site is located 1/4 mile East of the intersection of Vimy Ridge Road and County Line Road; directly north of and adjacent to the Pulaski County/Saline County line. 2. compatibility with Neighborhood The predominance of the adjacent neighborhood is comprised of vacant R-2 zoned property. Directly west of this site is a 600 foot wide cleared strip utilized by AP&L for a main transmission line. The nearest occupied residential properties within the Little Rock city limits appear to be approximately 600 feet to the west and 600 feet to the east. Directly south of and adjacent to this site are several single family homes. These homes are located in the Saline County community of Shannon Hills. A 70 acre tract located directly north of and adjacent to this property has been donated to the city for future park development. The applicant is proposing to construct an open, pond type sewage treatment plant utilizing four cells and a 13 acre open pond. Due to the proximity of adjacent residential uses and the future proposed park, it is felt by staff that this particular proposed sewage treatment plant is inappropriate for this neighborhood and would have a detrimental effect on the adjacent properties. 3. r 5. 6. 7. On -Site Drives and Parking The applicant is proposing wide all-weather road which treatment cells and pond. acreening and Buffers to construct a single 12 foot will access the pump station and Determining an adequate amount of buffer for this type is difficult, but at the very least compliance with the landscape and buffer ordinances is required. There is sufficient area set aside on the west perimeter of this to'comply with the buffer ordinance requirements. City Engineer Comment Provide an engineering Right-of-way dedication are required for County the south perimeter of Utility Comments use not site study by a waste water specialist. and Master Street Plan improvements Line Road which is to extend along this site. Little Rock Waste Water Utility has voiced objections to this project with Arkansas Department of Pollution Control and Ecology in the past and still feels this is not an appropriate use for this property. The discharge from this property could be detrimental to the down stream watershed. Little Rock Municipal Water Works has a 16 inch water main in a 20 foot easement across the north line of this property. This main and easement should be shown. The applicant should obtain approval and comply with any health department requirements for protecting this main. Analysis _ After an intensive review of this proposal involving the Department of Neighborhoods and Planning, City Engineer's office, Little Rock Waste Water Utility and Little Rock Municipal Water Works, a consensus has been reached that this proposal is inappropriate and should not be supported. In addition to those listed above, several items of concern have been raised and are listed as follows: A. The applicant has yet to provide an engineering study by a waste water specialist showing how this particular proposed treatment plant will work. B. The applicant has yet to provide documentation of review and approval for this system by Arkansas Pollution Control and Ecology and other reviewing agencies. C. Staff understands that the City of Shannon Hills has previously entered into a contractual agreement with the City of Little Rock to tie onto Little Rock's sewer system. 2 D. Based on that contract, Little Rock Waste Water Utility has extended a force main to within 5 feet of the Shannon Hills sewer line. E. The treatment plant constructed by the City of Little Rock, located east of the airport, was designed to handle the watershed south and east of the city, including Shannon Hills. F. This proposed treatment plant discharges into Otter Creek which flows into the City of Little Rock. G. The area along Otter space on the land use violate the plan. 8. Staff Recommendation. Creek is designated parks/open plan. This proposed use could Staff recommends denial of this application as being an inappropriate use of this property, and not in the best interest of the citizens of the City of Little Rock. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 18, 1993) Charles Brown was present representing the application. Staff presented the item and outlined the various concerns noted above. A lengthy discussion then followed between Mr. Brown and the Committee members in which Mr. Brown explained the history of the relationship between Shannon Hills and the Little Rock Waste Water Utility. He further stated that it was necessary for Shannon Hills to construct this waste water treatment plant. Jerry Gardner of the City Engineer's Office addressed the Committee and explained the need for the right-of-way dedication and Master Street Plan improvements for County Line Road. He stated that the applicant could make in lieu contributions for the improvements to County Line Road. Bob Brown of the City staff explained the need for required buffers adjacent to residential property. After further discussion, the Committee forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MARCH 9, 1993) The applicant was not present. There were no objectors present. Dana Carney, of the Planning staff, informed the Commission that the applicant had requested a deferral until the April 20, 1993 Planning Commission meeting. The applicant stated that there are some modifications which need to be made to the site plan, and which must be reviewed by the Department of Pollution Control and Ecology prior to submitting the item to the Planning Commission. 3 As part of the Consent Agenda, this application was deferred to the April 20, 1993 Planning Commission meeting. The vote was 9 ayes, 0 noes and 2 absent. SUBDIVISION COMMITTEE C MMENT: (APRIL 1, 1993) Tim Lemons was present representing the application. Staff presented the item and informed the Committee that a revised site plan had been received which addresses some of staff's concerns. The revised site plan shows the required right-of-way dedication for County Line Road and the required buffer on all perimeters other than the west perimeter. The west perimeter is adjacent to a 300 foot wide AP&L easement and the normally required buffer may not be necessary. Staff informed the Committee that several outstanding issues have yet to be resolved and listed them as follows: 1. In lieu contributions for Master Street Plan improvements are required for County Line Road. 2. Provide documentation of review and approval for this system by Arkansas Pollution Control and Ecology and other reviewing agencies. 3. Provide engineering study by wastewater specialists. 4. There is an existing water main on the north perimeter of this property. Show Health Department approval of discharging upstream and in such close proximity to this water main. 5. The area along Otter Creek is designated parks/open space on the land use plan. would this use violate the plan? 6. This proposed plant is directly adjacent to a proposed future 70 acre park. 7. All outstanding concerns remain regarding the validity of constructing this plant when previous arrangements have been made for Shannon Hills to tie onto Little Rock's sewer system. 8. Indicate specific treatment of the areas set aside for buffers to comply with ordinance requirements. 9. A 6 foot screening fence is required along the south perimeter. Mr. Lemons addressed the Committee and informed them that documentation is forthcoming which will address concerns noted in Items No. 2, 3 and 4 listed above. 4 He stated that state law requires the site to be enclosed with a 6 foot chain link fence topped with barbed wire, and not a woad screening fence as was suggested by staff. Mr. Lemons was informed that it was even more imperative that he submit plans for specific treatment of the buffer areas if he intended to utilize natural vegetation as screening in lieu of the screening fence. Mr. Lemons was advised to have the required documentation and revisions to staff prior to the Planning Commission meeting. The Committee then forwarded this item to the full Commission for final resolution. PLAUNING COMMISSION ACTION: (APRIL 20, 1993) Charles Brown was present representing the application. There were several objectors present. Jim Lawson, Director of the Department of Neighborhoods and Planning, presented the item and a staff recommendation of denial. He then presented a list of reasons for denial as follows: 1. In conflict with the development standards and review guidelines as outlined in Section 36-107. (1) The proposed use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. (2) The proposed land use is compatible with and will not adversely effect other properties in the area where it is proposed to be located. (7) Safeguards proposed to limit obnoxious or offensive emission including lighting, noise, glare, dust and odor are addressed. 2. An unproven design for this application. 3. Could adversely affect the city's stormwater management responsibility. Shannon Hills' current facility is not properly operated and is under an EPA mandate. 4. Located in a single family area, next to a school. 5. Located adjacent to a 70 acre city park. 6. An agreement had been made in 1984 to tie on to Little Rock Wastewater system. The Fourche plant system, when designed, included the Shannon Hills service area. 7. Little Rock sewer main within 5 feet of Shannon Hills' line with an in -city use rate. 5 8. Many citizens of Shannon Hills are opposed to the treatment facility. 9. State Health Department recommends connecting to Little Rock's sewer. In response to a question from the Commission, Don Hamilton, Wastewater Attorney, stated that Shannon Hills and Little Rock had signed a contract whereby Shannon Hills would tie onto Little Rock's Wastewater system. He further stated that Little Rock has made an offer to settle with Shannon Hills and may end up in court. Commissioner Putnam then asked about the Planning Commission being involved in this dispute with Saline County and its citizens. Assistant City Attorney Stephen Giles then informed the Commission that they should only address the land use question and the effect of this proposed wastewater treatment plant on those residents of the area, including those in Shannon Hills. Rick Barger, Director of Operations for Little Rock Wastewater utility, then addressed the Commission. He made several points which are listed as follows: 1. The proposed plant discharge from this wastewater treatment plant will run through the City of Little Rock, including Hindman Park and Interstate Park. 2. Little Rock wastewater system lines in this area are designed to accommodate Shannon Hills. 3. The proposed Shannon Hills Treatment Plant is an inappropriate process, not yet proven to be workable. 4. Shannon Hills has a history of noncompliance in wastewater treatment. 5. Shannon Hills paid $150,000 to lay lines to within two feet of existing Little Rock wastewater lines. 6. Little Rock has received national goal awards for compliance in wastewater management. This level of performance may be in jeopardy if the proposed wastewater treatment plant is built. 7. The proposed wastewater treatment plant will produce odors and mosquitoes which will have a negative effect on the citizens of Little Rock. Commissioner Nicholson then asked why Shannon Hills is proposing to build this plant. Mr. Barger stated that there is a perceived cost savings of $5.00 a month to the citizens of Shannon Hills if they build their own plant rather than tie on to Little Rock's Wastewater system. G Commissioner Willis then asked how Shannon Hills' Wastewater Treatment was being handled now. Mr. Barger stated that they are discharging partially treated waste into Otter Creek at this time. Commissioner Chachere asked if the Little Rock Wastewater Treatment Plant can handle Shannon Hills' Wastewater. Mr. Barger stated that Little Rock could handle Shannon Hills' wastewater. Little Rock's Wastewater Treatment Plant is operating only at 60% capacity and Shannon Hills' wastewater would add only one to two percent. Shannon Hills has only about 500 customers and Little Rock has 50,000. Jerry Gardner, of the Public Works Department, then addressed the Commission. He stated that under the Clean Water Act of 1987, the City of Little Rock is responsible for "policing" any entities that discharge into Little Rock streams. This would make Little Rock responsible for the performance of Shannon Hills' Wastewater Plant. Little Rock would act as a regulatory agency to oversee that plant. Commissioner VonTungeln then stated that the operation of this proposed plant seems to be an important component of the land use review of this project. Mr. Gardner stated that is why he felt it important to inform the Commission. Charles Brown, agent for the application, then addressed the Commission. He stated that Shannon Hills deems the previously mentioned contract to be breached. He then presented documentation to the Commission reinforcing his argument that the City of Little Rock had breached that contract. Mr. Brown then made several statements to the Commission in support of the application. He stated that the proposed plant would have no effect on Little Rock residences as there are no homes within 600 feet of the proposed plant. He stated that the Health Department and the Department of Pollution Control -and Ecology had approved the proposed plant. Mr. Brown then stated that this particular location was the best location for the proposed plant due to its distance from adjacent residences and the required gravity flow for the wastewater treatment plant. Mr. Brown then stated that Shannon Hills could relocate its wastewater treatment plant upstream, but would still have discharge into Otter Creek. At this point, Chairman Walker then recused and stepped down from the discussion. 7 Tim Lemons, the engineer for the proposed wastewater treatment plant developer, then addressed the Commission. He stated that the Pollution Control and Ecology Department and the Arkansas Department of Health have approved the design of this plant. He further stated that the constructed wetlands type of wastewater treatment plant has been proven to work. Commissioner Putnam then stated that the Commission must focus on land use questions and not technological issues. He further stated that the Commission needed to hear from the citizens who were present at the hearing. Commissioner Woods then asked why the citizens of Shannon Hills are against the proposal if it is supposed to cost less. Mr. Brown then stated that there is a political situation over control of the Shannon Hills Sewer Commission. Commissioner Oleson then stated that she agreed with Commissioner Putnam, this is a land use issue. Beverly Rook, of 11300 Donnie Drive, then addressed the Commission. She stated that her property borders the proposed sewer plant. She further stated that the property has been clear cut and has created a runoff problem which has flooded her property and created a breeding ground for mosquitoes. Bob Rollins, of 13400 Meyer Lane, then addressed the Commission. He stated that he was in opposition to the proposed plant due to its proximity to residential properties. Mr. Rollins stated that a neighbor had tried to sell his home, but had lost the sale due to the proposed wastewater treatment plant. He stated that he hopes Little Rock and Shannon Hills can come to an agreement which would allow Shannon Hills to tie on to Little Rock's wastewater treatment system. Mr. Rollins then presented several letters from nearby Little Rock residents in opposition to the proposed treatment plant. Mr. Ellery Cook, of 14700 Allen Drive, then addressed the Commission in opposition to the proposed wastewater treatment plant. Laura Chandler Mozisek, of 11424 Donnie Drive, then addressed the Commission. She stated that she is concerned about property values in the area. She further stated that she had a fear that the proposed treatment plant would create a problem with snakes and mosquitoes. Ms. Mozisek expressed hope that Shannon Hills and Little Rock can work out an equitable contract to allow Shannon Hills to tie on to Little Rock's wastewater treatment system. Ms. Mozisek stated that under Little Rock City Code, Section 36-107, this proposed treatment plant will adversely effect the adjacent residences and should be denied. James Wood, of 15 Sheila Lane, presented a lengthy list of reasons why the proposed treatment plant should be denied. 8 Ted Meyer, of 12820 Meyer Lane, then addressed the Commission in opposition to the proposed wastewater treatment plant. He stated that Shannon Hills has not maintained its current plant. He further stated that maintenance is his number one concern, and he fears that the proposed wastewater treatment plant will have a detrimental impact, if not properly maintained. Ruth Bell, of the League of Women Voters of Pulaski County, then addressed the Commission in opposition to the proposed wastewater treatment plant. She stated that the plant was an inappropriate land use in this area. Ms. Bell stated that the surrounding properties are residential and that the proposed plant would have a negative impact on future residential development. Mr. Joe Sullivan, of 13302 Meyer Lane, then addressed the Commission in opposition to the proposed plant. Two other individuals in opposition to the proposed treatment plant, Allen Long and Sammie Jones, did not address the Commission. Commissioner Oleson then asked if anything can be done about the clear cutting that has taken place on the property. Jerry Gardner stated that the Excavation and Clearing Ordinance does cover this case. There should have been a permit obtained. The Excavation and Clearing Ordinance requires that a perimeter of uncleared trees be left and that erosion concerns be addressed. Assistant City Attorney Stephen Giles stated that a violation of this ordinance is a misdemeanor and is prosecutable in Little Rock Municipal Court. Charles Brown then stated that the site had been cleared before the Shannon Hills Water, Sewer and Fire Protection Improvement District bought it. At a request from Commissioner Nicholson, Mr. Lawson used an aerial photograph of the area to point out the zoning and uses in this vicinity. Commissioner McDaniel then stated that he thought this proposal was a bad land use and that he could not support it. Further discussion then followed. Commissioner Nicholson then stated that based on the adjacent uses, the existing zoning in the vicinity and the inappropriate nature of this proposed land use, she was making a motion to deny the application. A vote was taken on the motion to deny. The vote was 9 ayes, 0 noes, 1 absent and 1 abstention (Walker). The application was denied. 9 April 20, 1993 ITEM O.: S FILE Nn.: Z- 694 DAME: LOCATION: OWNER/APPLICANT• PROPOSAL - ORDINANCE DESIGN STANDARDS: 1. Site Location Shannon Hills Wastewater Treatment Facility - Conditional Use Permit The SW 1/4, SE 1/4 and the West 330 feet of the North 1/2, SE 1/4, SE 1/4, Section 16, T -1-S, R -13-W, Little Rock, Arkansas. Shannon Hills Water, Sewer and Fire Protection Improvement District No. 3/Charles Brown, Agent A conditional use permit is requested to allow for the construction and operation of a waste water treatment facility on this R-2 zoned 45.5 acres site. The site is located 1/4 mile East of the intersection of Vimy Ridge Road and County Line Road; directly north of and adjacent to the Pulaski County/Saline County line. 2. Compatibility with Neighborhood The predominance of the adjacent neighborhood is comprised of vacant R-2 zoned property. Directly west of this site is a 600 foot wide cleared strip utilized by AP&L for a main transmission line. The nearest occupied residential properties within the Little Rock city limits appear to be approximately 600 feet to the west and 600 feet to the east. Directly south of and adjacent to this site are several single family homes. These homes are located in the Saline County community of Shannon Hills. A 70 acre tract located directly north of and adjacent to this property has been donated to the city for future park development. The applicant is proposing to construct an open, pond type sewage treatment plant utilizing four cells and a 13 acre open pond. April 20, 1993 ITEM NO.: B Continued FILE NO.; Z-5664 Due to the proximity of adjacent residential uses and the future proposed park, it is felt by staff that this particular proposed sewage treatment plant is inappropriate for this neighborhood and would have a detrimental effect on the adjacent properties. 3. n- i e Drive5 and Parking The applicant is proposing to construct a single 12 foot wide all-weather road which will access the pump station and treatment cells and pond. 4. Screening and Buffers Determining an adequate amount of buffer for this type use is difficult, but at the very least compliance with the landscape and buffer ordinances is required. There is not sufficient area set aside on the west perimeter of this site to comply with the buffer ordinance requirements. 5. City Engineer Comments Provide an engineering study by a waste water specialist. Right-of-way dedication and Master Street Plan improvements are required for County Line Road which is to extend along the south perimeter of this site. 6. Utility Comments Little Rock Waste Water Utility has voiced objections to this project with Arkansas Department of Pollution Control and Ecology in the past and still feels this is not an appropriate use for this property. The discharge from this property could be detrimental to the down stream watershed. Little Rock Municipal Water Works has a 16 inch water main in a 20 foot easement across the north line of this property. This main and easement should be shown. The applicant should obtain approval and comply with any health department requirements for protecting this main. 7. Analysis After an intensive review of this proposal involving the Department of Neighborhoods and Planning, City Engineer's office, Little Rock Waste Water Utility and Little Rock Municipal Water Works, a consensus has been reached that this proposal is inappropriate and should not be supported. In addition to those listed above, several items of concern have been raised and are listed as follows: 2 April 20, 1993 ITEM B (Continued) FILE Z-5664 A. The applicant has yet to provide an engineering study by a waste water specialist showing how this particular proposed treatment plant will work. B. The applicant has yet to provide documentation of review and approval for this system by Arkansas Pollution Control and Ecology and other reviewing agencies. C. Staff understands that the City of Shannon Hills has previously entered into a contractual agreement with the City of Little Rock to tie onto Little Rock's sewer system. D. Based on that contract, Little Rock Waste Water Utility has extended a force main to within 5 feet of the Shannon Hills sewer line. E. The treatment plant constructed by the City of Little Rock, located east of the airport, was designed to handle the watershed south and east of the city, including Shannon Hills. F. This proposed treatment plant discharges into Otter Creek which flows into the City of Little Rock. G. The area along Otter space on the land use violate the plan. 8. Staff Recommendation Creek is designated parks/open plan. This proposed use could Staff recommends denial of this application as being an inappropriate use of this property, and not in the best interest of the citizens of the City of Little Rock. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 18, 1993) Charles Brown was present representing the application. Staff presented the item and outlined the various concerns noted above. A lengthy discussion then followed between Mr. Brown and the Committee members in which Mr. Brown explained the history of the relationship between Shannon Hills and the Little Rock Waste Water Utility. He further stated that it was necessary for Shannon Hills to construct this waste water treatment plant. Jerry Gardner of the City Engineer's Office addressed the Committee and explained the need for the right-of-way dedication and Master Street Plan improvements for County Line Road. He 3 April 20, 1993 ITEM NO.: B iC ntinued FILE Z-5564 stated that the applicant could make in lieu contributions for the improvements to County Line Road. Bob Brown of the City staff explained the need for required buffers adjacent to residential property. After further discussion, the Committee forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MARCH 9, 1993) The applicant was not present. There were no objectors present. Dana Carney, of the Planning staff, informed the Commission that the applicant had requested a deferral until the April 20, 1993 Planning Commission meeting. The applicant stated that there are some modifications which need to be made to the site plan, and which must be reviewed by the Department of Pollution Control and Ecology prior to submitting the item to the Planning Commission. As part of the Consent Agenda, this application was deferred to the April 20, 1993 Planning Commission meeting. The vote was 9 ayes, 0 noes and 2 absent. SUBDIVISION COMMITTEE COMMENT: (APRIL 1, 1993) Tim Lemons was present representing the application. Staff presented the item and informed the Committee that a revised site plan had been received which addresses some of staff's concerns. The revised site plan shows the required right-of-way dedication for County Line Road and the required buffer on all perimeters other than the west perimeter. The west perimeter is adjacent to a 300 foot wide AP&L easement and the normally required buffer may not be necessary. Staff informed the Committee that several outstanding issues have yet to be resolved and listed them as follows: 1. In lieu contributions for Master Street Plan improvements are required for County Line Road. 2. Provide documentation of review and approval for this system by Arkansas Pollution Control and Ecology and other reviewing agencies. 3. Provide engineering study by wastewater specialists. 4. There is an existing water main on the north perimeter of this property. Show Health Department approval of discharging upstream and in such close proximity to this water main. 4 April 20, 1993 ITEM NO.: H C ntinu d FILE NO.: Z-5664 5. The area along Otter Creek is designated parks/open space on the land use plan. would this use violate the plan? 6. This proposed plant is directly adjacent to a proposed future 70 acre park. 7. All outstanding concerns remain regarding the validity of constructing this plant when previous arrangements have been made for Shannon Hills to tie onto Little Rock's sewer system. 8. Indicate specific treatment of the areas set aside for buffers to comply with ordinance requirements. 9. A 6 foot screening fence is required along the south perimeter. Mr. Lemons addressed the Committee and informed them that documentation is forthcoming which will address concerns noted in Items No. 2, 3 and 4 listed above. He stated that state law requires the site to be enclosed with a 6 foot chain link fence topped with barbed wire, and not a wood screening fence as was suggested by staff. Mr. Lemons was informed that it was even more imperative that he submit plans for specific treatment of the buffer areas if he intended to utilize natural vegetation as screening in lieu of the screening fence. Mr. Lemons was advised to have the required documentation and revisions to staff prior to the Planning Commission meeting. The Committee then forwarded this item to the full Commission for final resolution. 5