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HomeMy WebLinkAboutLA-0088 15122 Cantrell Rd AdvGrading Variance 9-24-20September 24, 2020 ITEM NO.: 16 FILE NO.: LA-0088 NAME: 15122 Cantrell Road Advance Grading Variance LOCATION: 15122 Cantrell Road, NE corner of Cantrell Rd and Rummel Rd Intersection APPLICANT: John Rees APPLICANT’S REPRESENTATIVE: Jess Griffin, P.E., Holloway Engineering AREA: Approximately 3 acres CURRENT ZONING: Planned Development Office (PD-O) VARIANCES/WAIVERS REQUESTED: Variance from the Land Alteration Regulations to advance grade by clearing and cutting approximately 3 acres. A. PROPOSAL/REQUEST: The applicant is requesting the approval of a variance from the Land Alteration Regulations to advance grade by clearing and cutting approximately 3 acres northeast of the Cantrell Road and Rummel Road intersection located at 15122 Cantrell Road. The variance would allow staff to issue a grading permit for the advance grading activities to commence without imminent construction. The current grading and drainage plan was prepared in consideration of future development of the subject property. The cut material from the subject property will be hauled to the recently approved car wash development at 7706 Cantrell Road which is owned by the applicant. B. EXISTING CONDITIONS: The approximate 3 acre property is undeveloped with dense tree cover in areas and slopes generally to the south. The subject property has not trees where buildings and parking areas were located from the past office development. The subject property is zoned Planned Development Office (PD-O). A 3 restaurant PCD application for this property was recently denied by the City of Little Rock Board of Directors. The subject property is located within the Little Rock city limits. East of the subject property is a newly constructed Taziki’s restaurant on property zoned Planned Development Commercial (PD-C). West of the subject property is Rummel Road. West of Rummel Road are developed and undeveloped properties zoned R2 single family with 1 residence at 15621 Sorrells Road. North of the subject property is a large 43 acre undeveloped tract zoned R2 single family. South of the subject property is Cantrell Road. South of Cantrell Road are 2 residential developed properties zoned R2 single family within the Westchester Subdivision. Also, south of Cantrell Road is an unplatted September 24, 2020 SUBDIVISION ITEM NO.: 16 FILE NO.: LA-0088 2 1.8 acre parcel zoned PD-O and R2 single family with 1 residential structure and the Happy Days Groom and Board facility. 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. Staff has not received any inquiries into the application. D. ENGINEERING COMMENTS: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. Storm water detention ordinance applies to this property. Show the proposed location for temporary 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 strip of trees or earthen berms. Per Sec. 29-197(3) provide line of sight illustrations from adjacent street(s) and properties showing the constructed berm as an elevation to obstruct view of the advance graded area for review by the Planning Commission. 7. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 8. 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. 9. 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. 10. 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- September 24, 2020 SUBDIVISION ITEM NO.: 16 FILE NO.: LA-0088 3 431(2) at the time of final inspection of the grading activities. 11. Is the retaining wall proposed to be constructed with the advance grading? 12. Obtain a sign from Vince Floriani to post at the site viewable by the public. 13. The application fee of $65.00 is due for payment to CLR Public Works Dept. Deliver payment to Vince Floriani. E. PLANNING STAFF COMMENTS: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements and the Highway 10 Scenic Corridor Overlay District. 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. 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 clear and cut fill material from approximately 3 acres located at 15122 Cantrell Road. A PD-C application from the same applicant was recently denied for a 3 restaurant development by the City of Little Rock Board of Directors, so therefore a development plan has not been approved for the property. The subject property is tree covered other than the areas where the previous office building, residence, and parking lot, were located. The densest tree covered areas are adjacent to the east property line and adjacent to Rummel Road on the west. A sufficient buffer of trees also exists along the north property line adjacent to the R2 single family undeveloped property. A gravel construction entrance will be provided off Rummel Road to reduce tracking onto public streets. A retaining wall is not proposed to be constructed with the excavation activities. September 24, 2020 SUBDIVISION ITEM NO.: 16 FILE NO.: LA-0088 4 The applicant has agreed that grading will occur expediently, and the site will be stabilized within 1 year of the issuance of the grading permit. Grading activities will commence just prior to or simultaneously with the construction of a recently approved car wash at 7706 Cantrell Road. Cut material from this property will be hauled to the car wash site via Rummel Road to Cantrell Road. 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. All permit fees and posting of the site has been made by the applicant. 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 temporary detention facilities shown to be provided of the property. Maintenance of erosion controls, detention facilities, and construction entrances will occur as needed during the grading period. When vegetation is established, the erosion control devices can then be removed. Section 29-197(4) of City code states the proposed plan shall provide for visual screening of the advance graded area by providing undisturbed perimeter buffer strips and earthen berms. The applicant proposes to construct a 4 ft tall earthen berm adjacent to Cantrell Road and Rummel Road. The applicant also proposes to maintain a 14 ft wide undisturbed buffer strip along the north property line. Even though sufficient tree buffer strips exist, the applicant proposes no undisturbed buffer strips or berms to be maintained or constructed along the east property line. The advance graded area will be viewable from the east property and Cantrell Road. Per City code, at this location Cantrell Road, also known at Highway 10, has an adopted design overlay district establishing Highway 10 as a scenic corridor. Approximately 35,000 vehicles drive by this property daily. Sec. 36-343 states the purpose of the Highway 10 Scenic Corridor district is to protect and enhance the aesthetic and visual character of the lands surrounding Highway 10. In particular, the purposes of this district are to protect and enhance the scenic quality of the Highway 10 corridor by providing for sensitive developments which will maximize the natural foliage and terrain while also providing planted buffer and landscaped areas. In addition to the Highway 10 Scenic Corridor district, the City’s Land Alteration Regulations as found in Sec. 29-167 were adopted due to the City experiencing development activities causing the displacement of large amounts of earth and tree cover. Significant problems resulting from such development occurred such as flooding, soil erosion, sedimentation, unstable slopes, and impaired quality of life. Per Sec. 29-168, the regulations were adopted for the purpose of: prohibiting the indiscriminate clearing of property; preventing excessive grading, clearing, filling, cutting or similar activities; preventing the pollution of streams, ponds, and other watercourses by sediment; preserve natural vegetation which enhances the quality of life of the community; and to preserve the contours of the natural landscape and land forms. September 24, 2020 SUBDIVISION ITEM NO.: 16 FILE NO.: LA-0088 5 G. RECOMMENDATION: Staff recommends denial of the advance grading variance as proposed by the applicant due to the subject property is located within the Highway 10 Scenic Corridor District and no undisturbed natural buffer strips except along the north property line are proposed to remain to obstruct views and to preserve natural vegetation until the property is developed in the future. H. PLANNING COMMISSION ACTION: (September 24, 2020)