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.
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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