Loading...
HomeMy WebLinkAboutLA-0088 pc_item16 9-24-2020September 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 September 24, 2020 2 ITEM NO.: 16 (Cont.) FILE NO.: LA-0088 2 residential developed properties zoned R2 single family within the Westchester Subdivision. Also, south of Cantrell Road is an unplatted 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. LRC 29-197(b), 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 LRC 29-196(7), 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 LRC 29-196(7), 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. September 24, 2020 3 ITEM NO.: 16 (Cont.) FILE NO.: LA-0088 9. Per LRC 29-197(l), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 10. Per LRC 29-197(l), maintenance for the 2 year period shall be guaranteed by any means listed in LRC 31-431(b)(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 has agreed that grading will occur expeditiously 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 will be hauled to the car wash site via Rummel Road to Cantrell Road. A gravel construction entrance will be provided off Rummel Road to reduce tracking onto public streets. 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 September 24, 2020 4 stormwater and not pond on the property except in the temporary detention facilities shown on the plan. 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. LRC 29-197(d) of City code states the proposed plan shall provide for visual screening of the 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 however, all trees will be removed. To the east, all trees will be removed and no earthen berm constructed. To the north, a 14 ft wide undisturbed buffer strip will be provided. Cantrell Road at this location is in the 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. The City’s Land Alteration Regulations as found in Sec. 29-167 were adopted due to concerns by residents, members of the Planning Commission and members of the Board over the indiscriminate removal of trees, vegetation, fill and excavation of properties that were then left undeveloped for years afterward. The current regulations were adopted for the purpose of prohibiting the indiscriminate clearing of property; excessive grading, clearing, filling, cutting or similar activities and to preserve natural vegetation which enhances the quality of life of the community; and to preserve the contours of the natural landscape and land form G. RECOMMENDATION: Staff recommends denial of the advance grading variance as proposed by the applicant. Except the north 14 feet, there are no undisturbed natural buffer strips proposed and a 4’ berm will do little to obscure the hill-side cut. The recent rezoning request has been denied by the Board. The property is in the Highway 10 Scenic Corridor District and there is no proposal at this time to develop the property as currently zoned for a planned office development. Staff recommends that no grading occur on the site until plans are in place and ready to proceed for the future development of this site. H. PLANNING COMMISSION ACTION: September 24, 2020 The application was introduced by Mike Hood of Public Works staff. Jess Griffin and John Rees, the applicant, explained the owner would like to use the soil from this site for fill for the proposed car wash project at 7706 Cantrell Road. Mr. Rees pledged to make this site as esthetically pleasing as other developments he has completed in the City. Ruth Bell from the League of Women Voters expressed opposition of the proposal, stating the need to preserve Highway 10 to provide an attractive entrance to the City bears more importance to the residents than the proposal. September 24, 2020 5 An area resident, Jimmy Brown, also expressed opposition against the application citing three issues: the site will be unattractive at the completion and does not follow the Highway 10 Scenic Corridor overlay; drainage issues will arise from the grading of the site; and his opposition to the construction driveway off Rummel Road. Mr. Brown asked the proposal be denied until further plans of development of the site was submitted to the City. Monte Moore from City staff confirmed, it will take six (6) positive votes for approval of the application. A motion was made and seconded to approve the advance grading variance application. The vote was announced with 6 ayes, 2 noes, and 3 absent. Staff questioned Chairman Paul Latture on his vote. Mr. Latture confirmed his negative (“no”) vote. Mr. Moore retallied the count and announced the motion failed with a vote of 5 ayes, 3 noes, and 3 absent.