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HomeMy WebLinkAboutPC Minutes LA-0090 for Jan 14 2021January 14, 2021 ITEM NO.: 11 FILE NO.: LA-0090 NAME: 1900 W. 3rd Street Advance Grading Variance LOCATION: North of 1900 W. 3rd Street APPLICANT: Mullenix & Associates APPLICANT’S REPRESENTATIVE: Crafton Tull and Associates AREA: Approximately 7 acre property CURRENT ZONING: I2 and C3 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade the approximate 7 acre property. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by excavating approximately 7000 cubic yards of fill material from the approximate 7 acre property located north of 1900 W. 3rd Street and filling the property on the eastside of the railroad tracks at 1706 W. 3rd Street. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction on the subject property. The excavated area will slope to the existing grade at no steeper than 3:1. B. EXISTING CONDITIONS: The approximate 7 acre property zoned I2 and C3 is developed on the south half and undeveloped on the north half. No trees are located on the subject property. The property is accessed from 3rd Street to the south, and 2nd Street and Markham Street from the west. The property slopes to the east and south. On the south, the subject property is bordered by W. 3rd Street. South of W. 3rd Street are undeveloped parcels zoned C3 and R5. West of the subject property are several parcels zoned R3-CUP and PDC. Also west of the subject property north of 2nd Street are R3 zoned properties with constructed residential homes. East of the subject property is the approximate 375 ft. wide UPRR railroad right-of-way, Capitol Drain Creek, and 2nd Street right- of-way. East of the 2nd Street right-of-way are an unoccupied restaurant building at 1706 W. 3rd Street and Curry’s Termite and Pest Control at 202 Bishop Street, along with vacant parcels all within the Capitol Zoning District. North of the subject property is the 2nd Street right-of-way with residential homes on R3 zoned property January 14, 2021 ITEM NO.: 11 FILE NO.: LA-0090 2 located north of the 2nd Street right-of-way, also north of the subject property are additional vacant properties zoned I2 and MF24. 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 received no inquiries into the application from the public. 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. 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. 3. 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. 4. 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. 5. At completion of land alteration activities, a minimum six (6) inches of suitable top soil shall be placed over all disturbed areas of permanent vegetation cover shall be established. 6. 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. 7. Per Sec. 29-197(13), maintenance for the 2year 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 advanced graded area. 8. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 9. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 10. Will the advance grading operation be complete in 1 year? January 14, 2021 ITEM NO.: 11 FILE NO.: LA-0090 3 11. Hauling of fill material on or off site over municipal street and road requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501)379-1805 (Travis Herbner) for more information. 12. Vegetation must be established on disturbed area within 14 days of completion of harvest activities. 13. Erosion controls must be installed to reduce discharge of polluted stormwater. 14. 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. 15. Approvals should be obtained from all utilities for excavation activities to occur with the platted utility easements. 16. Following approval of the advance grading variance application, a grading permit for 1900 W. 3rd Street can be issued at time of issuance of a building permit for the proposed development at 1706 W. 3rd Street. E. ANALYSIS: The applicant responded to the comments found in Sections D. The applicant proposes to excavate approximately 7000 cubic yards of fill on the approximate 7 acre property at 1900 W. 3rd Street and haul the fill material to 1706 W. 3rd Street following the construction of a retaining wall along Bishop Street and 2nd Street. The temporary construction access to the subject property shows to be from W. 2nd Street. At the conclusion of grading, the applicant proposes to maintain 3:1 or flatter slopes. Staff feels that following excavation activities the advance graded area will appear no worse than existing site conditions and will not create a nuisance or scar following required vegetation. The applicant has agreed that grading will occur expeditiously, and the fill activities will be complete and the subject property stabilized within 1 year of the issuance of the grading permit. The applicant has provided an erosion control plan showing silt fence and other erosion controls. Maintenance of erosion controls and construction entrance 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. No undisturbed buffer strip or berm is proposed to be constructed around the excavated area due to the difficulty in obstructing views due the elevation of the surrounding properties and streets and the non-existence of trees and buffers on the subject property today. January 14, 2021 ITEM NO.: 11 FILE NO.: LA-0090 4 F. 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 comments in paragraph D, the variance request is subject to compliance with the following conditions: 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. 2. An advance grading permit will not be issued by staff until a grading permit is issued and proof of imminent construction as defined by City code is provided for the property at 1706 W. 3rd Street. 3. Prior to the issuance of the certificate of occupancy for the development at 1706 W. 3rd Street, the advance graded area at 1900 W. 3rd Street will be seeded and strawed and any damages corrected. 4. Erosion and sediment controls are required to be installed and maintained during the clearing and filling activities. 5. A hauling permit will be obtained from Traffic Engineering prior to the issuance of a grading permit. G. PLANNING COMMISSION ACTION: (January 14, 2021) The applicant representative, Frank Riggins of Crafton Tull and Associates was present. The item was introduced by Mike Hood, Public Works Dept. Mr. Riggins spoke for the applicant and requested his time be deferred to address the opposition’s questions and concerns. A card in opposition was turned in by Carolyn Hillman who owns the property at 109 S. Battery St. which backs up to the subject property. Mrs. Hillman addressed the commission stating she only received notice of the proposal within 5 days of the Planning Commission hearing. Staff checked her concern and found the certified mail receipt from the USPS was dated December 30, 2020 and exceeded the required 10 day notice. It was learned from USPS, upon previous contact from City staff, that delivery of the outgoing mail was delayed during that time period. Mrs. Hillman expressed concern about removing trees and fill material north and east of her property. Vince Floriani, Public Works Dept., stated no trees are located where the advance grading is proposed to occur. The tree covered property to the north will not be disturbed. Frank Riggins address Mrs. Hillman concern about potential damage to her property from excavation occurring near her rear property line. Mr. Riggins stated there is a public alley between Mrs. Hillman’s property and his client’s property and that excavation would occur only on his client’s property no closer than 5 ft. from his client’s property line and there should be no affects. Mr. Riggins stated erosion and sediment controls will January 14, 2021 ITEM NO.: 11 FILE NO.: LA-0090 5 be installed by his client and at completion of excavation the property will be sloped at a 3:1 slope and seeded and strawed for mowing and maintenance. Craig Berry questioned whether the proposed erosion and sediment control plan was sufficient for the project. Mr. Hood stated staff believes the plan is sufficient. A motion was made and seconded to approve the application subject to compliance with all comments and conditions as outlined in the staff report. The item was approved by the Planning Commission subject to the compliance with all comments and conditions by a vote of 7 ayes, 4 noes, and 0 absent.