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HomeMy WebLinkAboutLA-0056-B ColonelGlenn-LawsonRd AdvGrading Var 9-24-20September 24, 2020 ITEM NO.: 15 FILE NO.: LA-0056-B NAME: Colonel Glenn – Lawson Road Advanced Grading Variance LOCATION: North side of Colonel Glenn Road at Lawson Road APPLICANT: Bowman Plaza Lot 4 LLC APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 6.5 acres CURRENT ZONING: Planned Commercial Development (PCD) VARIANCES/WAIVERS REQUESTED: The renewal of a previously approved variance from the Land Alteration Regulations to advance grade by clearing and cutting approximately 6.5 acres. A. PROPOSAL/REQUEST: Applicant is requesting the renewal of a variance from the Land Alteration Regulations to advance grade by clearing and cutting approximately 6.5 acres on the northside of Colonel Glenn Road. Previous approvals were granted by the Planning Commission on October 3, 2013 and again on January 5, 2016. A grading permit was issued for excavation to begin on March 2, 2017 and excavation has continued. A renewal of the previously approved variance to advance grade is being requested to occur on the subject property located on the north side of Colonel Glenn Road at the Colonel Glenn Road/Lawson Road intersection approximately 0.5 miles west of I-430. The variance would allow staff to re-issue a grading permit for the advance grading activities to continue without imminent construction. Cut material is proposed to be removed from the site and taken to nearby construction sites. B. EXISTING CONDITIONS: The 6.5 acre area was originally hilly with dense trees. Currently all the trees have been removed except for those within the undisturbed buffer. The subject property is zoned Planned Commercial Development (PCD). The subject property is located within the Little Rock city limits with the western property line is on the city limits line. Advanced grading was approved for the subject property On October 3, 2013 and renewed on January 5, 2016. Advance grading activities have occurred on site since March 2, 2017. The southern portion of the property is proposed to be used to realign Colonel Glenn Road to the north and reduce the street curvature. September 24, 2020 SUBDIVISION ITEM NO.: 15 FILE NO.: LA-0056-B 2 East of the subject property is a developed property zoned planned office development with office and warehouse uses. West of the subject property is an undeveloped property outside of the Little Rock city limits zoned R-2. South of the subject property is Colonel Glenn Road. South of Colonel Glenn Road, east of Lawson Road is a grocery store on property zoned R-2. South of Colonel Glenn Road, west of Lawson Road is Kinco Contractors. The property is zoned planned commercial development. In addition to Kinco Contractors, there is a volunteer fire station on property zoned R-2. North of the subject property is R-2 zoned properties. One property on the north is used as a mobile home park. The other property is undeveloped. C. NEIGHBORHOOD COMMENTS: At the time of writing, staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. Also, at the time of writing, staff has received one (1) telephone call from the owner of the grocery store on the southside of Colonel Glenn Road complaining of runoff and sediment being deposited on his property from the site. D. ENGINEERING COMMENTS: 1. The expired grading permit in accordance with section 29-186 (c) & (d) will be required to be renewed and erosion and sediment controls reworked as needed prior to any land clearing or grading activities at the site. Staff will re-inspect the site prior to permit renewal. 2. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the grading plan. 3. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 5. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 6. Provide visual screening of the completed area by providing undisturbed buffer strips or earthen berms. Plans shows a screening berm. 7. Construction access points should be shown on the grading plan. A curved or angled road design should be provided to limit the visibility of the interior grading work from adjacent streets. Access is shown on plan. 8. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass September 24, 2020 SUBDIVISION ITEM NO.: 15 FILE NO.: LA-0056-B 3 shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 9. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 10. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 11. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31- 431(2) at the time of final inspection of the grading activities. 12. The application fee of $75 is due for payment to CLR Public Works Dept. Deliver payment to Vince Floriani. 13. Obtain a sign from CLR Public Works Dept. Vince Floriani to post at the site viewable by the public. 14. Several water quality complaints have been received from adjacent property owners. The existing erosion and sediment controls must be maintained and reworked as needed to reduce sediment loss to the maximum extent practicable. A diversion ditch should be constructed on the northside of Colonel Glenn Road to the existing ditches and the existing ditching cleaned. E. PLANNING STAFF COMMENTS: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. 2. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. Screening requirements will need to be met adjacent to the north residential zoned property. Surveyor to mark and place protective fencing adjacent to the residential buffer before any site work begins. September 24, 2020 SUBDIVISION ITEM NO.: 15 FILE NO.: LA-0056-B 4 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. F. ANALYSIS: The applicant is proposing to continue to clear and grade approximately 6.5 acres. Fill material will be cut from the subject property and trucked to nearby construction sites. A grading permit is required to be obtained for the nearby construction site prior to land alteration activities. Previous variance approvals were granted by the Planning Commission on October 3, 2013 and January 5, 2016. A grading permit was issued on March 2, 2017 and excavation has occurred since that issuance date. Gravel construction entrances is located off Colonel Glenn Road. The proposed grading plan shows a maximum 32 ft cut to occur on the subject property. The applicant has agreed that grading will occur expeditiously, and the site will be stabilized within 1 year of the issuance of the grading permit. Any damage to city streets or infrastructure will be repaired by the applicant prior to the acceptance and release of the 2 year maintenance bond. Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property except in the constructed detention facilities. Maintenance of erosion controls, detention facilities, and construction entrances will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of topsoil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. The applicant will provide a 50 ft undisturbed buffer measured from the west and north property line. The area adjacent to Colonel Glenn Road will be graded and cleared. A berm will be installed along Colonel Glenn Road. The berm will be constructed with 3:1 side slopes and graded with 6 inches of top soil, seeded, and vegetated with native grasses. The berm will be constructed to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. The area adjacent to the east property line will be graded and cleared to the property line. A berm will be installed along the east property line. The berm will be constructed with 3:1 side slopes and graded with 6 inches of top soil, seeded, and vegetated with native grasses. The berm will be constructed to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. Orange fencing will be installed along all undisturbed buffers to prevent entry. September 24, 2020 SUBDIVISION ITEM NO.: 15 FILE NO.: LA-0056-B 5 G. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. In addition to paragraph D and E, the variance request is subject to compliance with the following condition: 1. A 50 ft undisturbed buffer should be maintained along the western and northern property lines; 2. A berm will be constructed adjacent to Colonel Glenn Road to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. 3. A berm will be constructed adjacent to the east property line to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. 4. The existing erosion and sediment controls must be maintained and reworked as needed to reduce sediment loss to the maximum extent practicable. A diversion ditch should be constructed on the northside of Colonel Glenn Road to the existing ditches. Existing sediment and debris in the ditch and offsite sediment deposits should be removed. H. PLANNING COMMISSION ACTION: (September 24, 2020)