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HomeMy WebLinkAboutLA-0090 1900 W 3rd St. Adv Grading Variance 1-14-21January 14, 2021 ITEM NO.: FILE NO.: LA-0090 NAME: 1900 W. 3rd St. Advance Grading Variance LOCATION: North of 1900 W. 3rd St. 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 St. and filling the property on the eastside of the railroad tracks at 1706 W. 3rd St. 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 St. to the south, and 2nd St. and Markham St. from the west. The property slopes to the east and south. On the south, the subject property is bordered by W. 3rd St. South of W. 3rd St. 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 St. 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 St. right-of-way. East of the 2nd St. right-of-way are an unoccupied restaurant building at 1706 W. 3rd St. and Curry’s Termite and Pest Control at 202 Bishop St., along with vacant parcels all within the Capitol Zoning District. North of the subject property is the 2nd St. right-of-way with residential homes on R3 zoned property located north of the 2nd St. right-of-way. Also north of the subject property are additional vacant properties zoned I2 and MF24. January 14, 2021 SUBDIVISION ITEM NO.: FILE NO.: LA-0090 2 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? 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 January 14, 2021 SUBDIVISION ITEM NO.: FILE NO.: LA-0090 3 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 St. can be issued at time of issuance of a building permit for the proposed development at 1706 W. 3rd St. 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 St. and haul the fill material to 1706 W. 3rd St. following the construction of a retaining wall along Bishop St. and 2nd St. The temporary construction access to the subject property shows to be from W. 2nd St. 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. 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. January 14, 2021 SUBDIVISION ITEM NO.: FILE NO.: LA-0090 4 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 St. 3. Prior to the issuance of the certificate of occupancy for the development at 1706 W. 3rd St., the advance graded area at 1900 W. 3rd St. 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. H. PLANNING COMMISSION ACTION: (January 14, 2021)