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HomeMy WebLinkAboutLA-0089 Parkland Heights Adv Grading Variance 9-24-20September 24, 2020 ITEM NO.: 17 FILE NO.: LA-0089 NAME: Parkland Heights Advanced Grading Variance LOCATION: East side of Chenonceau Boulevard, North of Highway 10 APPLICANT: Dr. Shabbir Dharamsey APPLICANT’S REPRESENTATIVE: Jess Griffin, P.E. AREA: Approximately 0.9 acres CURRENT ZONING: O1 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 0.9 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 0.9 acre property north of Highway 10 and on the east side of Chenonceau Blvd. The area is directly north of the tributary to the Little Maumelle River. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. Fill material is proposed to be hauled to this site from a nearby construction project. The filled area will slope to the natural grade at no steeper than 3:1. The applicant proposes to clear and fill the portion of the property located in the 100-year floodplain identified on the plan and leave out of grading the area located in the 100-year floodway. B. EXISTING CONDITIONS: The 0.9 acre property zoned zoned O1 is undeveloped and tree covered. The property is accessed from Chenonceau Boulevard solely on the West. No additional driveway access is available. The property slopes to the east and south. On the south, the subject property is bordered by a tributary of the Little Maumelle River which has mapped 100-year floodplain and floodway. West and north of the subject property is bounded by Chenonceau Boulevard. West of Chenonceau Boulevard is the Parkland Heights Addition, developed into Stonebridge Apartments and zoned MF18. South of the tributary is a grass covered, undeveloped area, zoned PCD which is part of Ranch Properties. East of the subject property are single-family patio homes on property zoned PD-R. September 24, 2020 SUBDIVISION ITEM NO.: 17 FILE NO.: LA-0089 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. A special Grading Permit for Flood Hazard Areas will be required to be obtained per Sec. 8-283 prior to construction. 3. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the grading plan. 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. Per Sec. 29-197(3) provide line of sight illustrations from adjacent street(s) and properties for review by the Planning Commission. The width of the temporary buffer strips shall be 6% of the lot width and depth. The minimum width shall be 50 ft where the subject property is adjacent to other properties. In no event shall these buffers be less than the width of the permanent buffers required for the development. The maximum buffer width shall not exceed 100 ft. All buffers required in conjunction with an advanced grading project shall be considered temporary and shall be maintained until the property is developed. 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 location is shown. 8. 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. September 24, 2020 SUBDIVISION ITEM NO.: 17 FILE NO.: LA-0089 3 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 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. 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 east residential zoned property. Surveyor to mark and place protective fencing adjacent to the residential buffer before any site work or fill operations 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 responded to the comments found in Sections D and E. The applicant proposes to fill the tree covered 0.9 acre property by hauling fill dirt from the Hampton Astoria Apartments currently under construction on Chenal Valley Drive. Portions of the property are out and within the 100-year floodplain. Floodway area is located in the southern part of the property near the tributary. Access is proposed from a gravel vehicle tracking pad from Chenonceau Boulevard on the west side of the subject property out of the floodway. The proposed 0.9 acre filling operation will occur on the property but outside of the regulatory floodway. 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. A grading plan was also provided showing the 0.9 acre property to be filled with an average depth of 5 to 6 ft. September 24, 2020 SUBDIVISION ITEM NO.: 17 FILE NO.: LA-0089 4 Maintenance of erosion controls 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. A 4 ft tall earthen berm is proposed to be constructed adjacent to Chenonceau Blvd. to obstruct views of the advance graded area. The remaining trees within the floodway will provide a sufficient undisturbed buffer strip of natural trees to obstruct views. No undisturbed buffer strip or berm is proposed to be constructed along the east property due to both properties having the same owner. G. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D and E 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. A Special Flood Hazard Development permit will be obtained prior to issuance of a grading permit. 3. Orange fencing will be installed along all undisturbed buffers and floodway to prevent entry prior to beginning tree removal. 4. Erosion and sediment controls are required to be installed and maintained during the clearing and filling activities. 5. All trees within the area to be advance graded will be removed prior to commencing filling activities. H. PLANNING COMMISSION ACTION: (September 24, 2020)