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HomeMy WebLinkAboutLA-0091-A 14524 Cantrell Adv Grading Variance 3-11-2021March 11, 2021 ITEM NO.: FILE NO.: LA-0091-A NAME: 14524 Cantrell Rd Revised Advance Grading Variance LOCATION: North of 14524, 14710, & 14800 Cantrell Road APPLICANT: Holloway Engineering, Surveying & Civil Design, PLLC APPLICANT’S REPRESENTATIVE: Holloway Engineering, Surveying & Civil Design, PLLC AREA: Approximately 10.62 acres CURRENT ZONING: PCD VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 10.62 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and filling an approximately 10.62-acre property located north of 14524, 14710, and 14800 Cantrell Road. The property is bordered by Ison Creek on the east and north. 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 the approved advanced graded property at 15122 Cantrell Road. The filled area will slope to the natural grade at a slope not to exceed 2:1. This application is different from the previous Planning Commission denied application on January 14, 2021. The applicant now proposes to clear and fill the portion of the property located outside of the 100-year floodplain identified on the plan and proposed to not disturb the area located within the 100-year floodplain and existing utility easements. B. EXISTING CONDITIONS: The 10.62-acre property zoned PCD and R2 is undeveloped and partially tree covered. The property is accessed from Cantrell Road on the south. Additional driveway access is potentially available at time of development from an access easement located north of the Cantrell Road and Taylor Loop Road intersection. East and North of the subject property is Ison Creek, a tributary of the Little Maumelle River, which has a mapped 100-year floodplain and floodway. East and north of the Ison Creek are single family residential homes on R2 zoned property and Pinnacle Valley Road. West of the subject property is the Village at Ison Creek residential subdivision with backyards that are adjacent to the subject property and zoned R2. South of the subject property are two commercial strip centers, Pinnacle Station zoned PCD and 14710 Cantrell Road, Springhart March 11, 2021 14524 Cantrell Rd Advance Grading Variance ITEM NO.: FILE NO.: LA-0091-A 2 Addition zoned C3. In addition to the south is Buffalo Wild Wings at 14800 Cantrell Road zoned PCD. 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. Revise the application to show the property owner as the applicant or provide a completed affidavit giving the Holloway Engineering, Surveying & Civil Design, PLLC the right to represent and act on behalf of the property owner. 2. 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. 3. Per Sec. 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. 4. Per Sec. 29-197(k), 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. Per Sec. 29-197(l), 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. 6. Per Sec. 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. 7. Per Sec. 29-197(m), maintenance for the 2-year 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 grading activities. 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. 8. 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. March 11, 2021 14524 Cantrell Rd Advance Grading Variance ITEM NO.: FILE NO.: LA-0091-A 3 9. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 10. How much file is proposed to be hauled to this site? 11. Due to the utilities that cross this property, approval of the grading and drainage plan by Public Works Department, Central Arkansas Water, and Little Rock Water Reclamation Authority is required prior to issuance of a grading permit. 12. Stormwater drainage from the properties to the south should not be obstructed or restricted to cause ponding during rain events. E. ANALYSIS: The applicant responded to the comments found in paragraph D. The applicant proposes to fill the partial tree covered 10.62 acres. Portions of the property are within the 100-year floodplain with floodway located along Ison Creek. Access is proposed from a gravel vehicle tracking pad from Cantrell Road through the private access easement on the west side of Buffalo Wild Wings to access the signalize intersection. Fill will be hauled to the subject property from the advanced graded property at 15122 Cantrell Road. Fill is proposed to be placed on 1.5 acres of the 10.62-acre property outside of the regulatory 100 year floodplain. 50 ft undisturbed buffers are proposed to be maintained along the west and south sides of the filled area except for the entrance road. The floodplain located to the north will remain undisturbed. The site plan shows approximately 286 ft will remain undisturbed along the north from the filled area to the nearest lot line on the north side of Ison creek. The applicant proposes to stockpile up to 25,000 cubic yards of fill material on the property to an elevation of approximately 30 ft above the existing contours. The top of fill will be about 4 ft above the entrance road located on the west side of Buffalo Wild Wings. The fill is proposed to be sloped at 2:1 or flatter with protective fencing installed around the filled area prior to commencement of filling activities to prevent entry into the undisturbed portion of the property. 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 will be required to submit an erosion control plan showing silt fence and other erosion controls prior to issuance of a grading permit. No fill is proposed to be placed on the existing wastewater sewer easement and on the existing water easement. 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 be removed. March 11, 2021 14524 Cantrell Rd Advance Grading Variance ITEM NO.: FILE NO.: LA-0091-A 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. No filling is permitted within the regulatory 100year floodplain and within utility easements. 3. Protective fencing will be installed along all undisturbed buffers and floodplain to prevent entry prior to commencement of clearing and filling activities. 4. Erosion and sediment controls are required to be installed and maintained prior to commencement of the clearing and filling activities. 5. All trees within the area to be filled will be removed prior to commencing filling activities. 6. Stormwater drainage from the properties to the south should not be obstructed or restricted to cause ponding during rain events. G. PLANNING COMMISSION ACTION: (March 11, 2021) Mike Hood, Public Works, Civil Engineering Manager, gave a presentation of the history and purpose of the Land Alteration Regulations. The item was introduced by Ilona Rossato of Public Works, Civil Engineer. John Rees spoke as the applicant. Mr. Rees stated he has owned the property for about 10 years. He stated for the property to develop, it must be filled. Fill will be hauled from the property located at the northeast corner of Cantrell Rd and Rummel Road. The applicant is asking to fill only 15% of the property compared the filling nearly the entire property the last time the application was heard. He stated the property is out of site and does not front Hwy 10. Jeff Hankins of 21 Waterside Drive which is located adjacent to the subject property spoke in opposition to the application. He stated the applicant does not have a clear development plan. He does not want to view cleared property from his back door. The clearing will negatively impact his property and his neighbor’s property. Enos Jones who lives adjacent to the property at 5522 Pinnacle Valley Road spoke in opposition and stated Mr. Rees’ lack of maintenance on his property has caused damaged to his property. The following people were virtual and in opposition yielded their time to Keith Wingfield: Derek Burns, Alison Courtney, Ben Davis, Joseph Eke, and Richard Stoker, and others. Keith Wingfield, the developer of the Village at Ison Creek subdivision spoke in opposition of the application. Mr. Wingfield stated fill began being delivered to the site about 10 years ago and placed in the floodway. He is concerned about the safety of March 11, 2021 14524 Cantrell Rd Advance Grading Variance ITEM NO.: FILE NO.: LA-0091-A 5 bicyclist and the item should be denied because Mr. Rees has no plan of development of the property. In response to the opposition, Mr. Rees said others have been dumping concrete and debris on the property for several years without his approval. He stated 50 ft wide undisturbed buffers will be maintained along the south and west property lines. Jess Griffin of Holloway Engineering representing the application stated no fill will be placed in the floodway and no fill will be placed within the utility easements. The Commission proposed several questions to clarify Code requirements to Mike Hood and Vince Floriani, Design Review Engineer. The first question targeted if there is an expiration date on an advance grading application. Mike Hood clarified by stating per City code the grading permit is good for one (1) year and then no other land alteration activities can continue, and the site must be stabilized. Also, the Commission asked if the proposed 50-feet buffer is part of the grading permit application. Mr. Floriani clarified that it is, the 50-feet buffers are proposed on the west and south sides of the filled area. He ensured the proposed fill area is much smaller compared to the previous application and outside of the floodplain areas. He also added by City code an applicant has two (2) years to pull a grading permit on an approved advanced grading variance application before having to return to the Planning Commission with a renewal request. The applicant is also required to establish vegetation on the site and provide adequate drainage. The applicant is not required to restore the site to original condition after grading activities conclude. To address the question if the proposed grading site will interfere with the bicycle path. Mr. Floriani verified that the Master Bike Plan does not identify the site as being along the bicycle trail. It was only the generosity of Mr. Wingfield who has allowed bicyclists to cross his tract that may have led to this belief. Mr. Collins ensured the grading and drainage plan for the site will conform with the City’s Stormwater Management and Drainage Manual and its established elevations will be above the base flood elevation as determined in this area by FEMA. He also ensured Public Works will require a grading and drainage plan to be submitted for review with the application. Commissioner Hart requested clarification on the zoning of the property. Jamie Collins, Planning Department Director, addressed the current property zoning is R2 and PCD. He clarified the area zoned R2 is to separate the residential tracts from commercial areas on the south and east by a transition area. Commissioner Thomas asked if fill had already been placed on the property. Mr. Collins said yes fill had been placed on the property but not to the extent that a violation occurred, and a grading permit was not required to be issued. He also stated that a “Stop Work Order” had been issued by staff to the Contractor on Monday for hauling fill to the property. March 11, 2021 14524 Cantrell Rd Advance Grading Variance ITEM NO.: FILE NO.: LA-0091-A 6 Vice Chairman Rahman made a motion to approve the variance application subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. The motion was seconded by Commissioner Betton. The vote was called, and the advance grading variance was approved by a vote of 9 ayes and 2 noes.