HomeMy WebLinkAboutZ-8066-A BOD Staff Report 050522OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
MARCH 15, 2022 AGENDA
Subject
A Resolution to amend
Resolution No. 12,369
which was adopted by
the Board of Directors
on October 17, 2006, by
removing a condition
which was placed on the
Little Maumelle Wastewater
Treatment Plant —
Conditional Use Permit,
located approximately
one (1) mile north of the
Cantrell Road / The Divide
Parkway intersection.
(Z-8066-A)
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
Action Required
Ordinance
4Resolution
Approval
Information Report
Approved By
Bruce Moore
City Manager
The applicant proposes to amend the Conditional Use
Permit (Z-8066) which established the Little Maumelle
Wastewater Treatment Plant, to remove one (1) condition
adopted by the Board of Directors in October 2006 via
Resolution 12,369.
I None
RECOMMENDATION I Approval of the Resolution
BACKGROUND
The applicant proposes to amend the Conditional Use
Permit (Z-8066) which established the Little Maumelle
Wastewater Treatment Plant approved by the Little Rock
Planning Commission on July 6, 2006. The Board of
Directors adopted Resolution No. 12,369 on October 17,
2006 which approved the action of the Planning
Commission (appealed by others) and established
conditions as offered by Little Rock Wastewater Utility on
behalf of The Little Rock Sanitary Sewer Committee.
A copy of Resolution No. 12,369 is attached for Planning
Commission review. The conditions as found in the
resolution are as follows:
a) The facility will be constructed in a style that
appears to be residential or college campus with
buildings:
1) that have sloped roofs, and
2) accents such as false dormers, and
3) where the exteriors are made of brick, rock or
some other appropriate fagade as determined by
the Little Rock Planning & Development staff;
b) All buildings be enclosed, or will be covered with
the same roof style;
c) Odor and noise control will be installed and
maintained on the premises such that there will be
no obnoxious odor nor noise pollution outside the
structures of the plant that is ascertainable or
discernible by a person with reasonable sensibility.
d) All pipes between buildings shall be located
underground;
e) Sludge will be piped away from the facility instead
of removal by truck.
The applicant proposes to remove one (1) of the five (5)
conditions as set forth in the Resolution, specifically noted
as item "e." Little Rock Water Reclamation Authority is
requesting that this condition be removed so that
sludge/solids can be removed from the treatment plant by
truck. There is an existing developed roadway between the
treatment facility and Cantrell Road. The applicant notes
the following:
0)
BACKGROUND
CONTINUED
"Having the ability to remove solids by truck will
lower the risk of high -costing operation and
maintenance along with premature capital
replacement of infrastructure."
On February 10, 2022, the Planning Commission voted
10 ayes, 0 noes, 0 absent and 1 open position, as part of the
Consent Agenda, to approve the Revised Conditional Use
Permit. There were no objectors present.
All owners of property located within 200 feet of the site
and all neighborhood associations registered with The City
of Little Rock were notified of the public hearing.
Please see the attached Planning Commission minute
record for the complete staff analysis.
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RESOLUTION NO.
3 A RESOLUTION TO AMEND RESOLUTION NO. 12,369 WHICH
4 WAS ADOPTED BY THE LITTLE ROCK BOARD OF
5 DIRECTORS ON OCTOBER 17, 2006 AND ESTABLISHED
6 CONDITIONS ON THE LITTLE MAUMELLE WASTEWATER
7 TREATMENT PLANT — CONDITIONAL USE PERMIT
8 (Z-8066-A), LOCATED APPROXIMATELY ONE (1) MILE
9 NORTH OF THE CANTRELL ROAD / THE DIVIDE PARKWAY
10 INTERSECTION; AND FOR OTHER PURPOSES.
11
12 WHEREAS, The Little Rock Board of Directors adopted Resolution No. 12,369 on
13 October 17, 2006 which upheld the Little Rock Planning Commission's approval of the Little
14 Maumelle Wastewater Treatment Plant — Conditional Use Permit (Z-8066) on July 6, 2006;
15 and
16 WHEREAS, Resolution No. 12,369 established conditions on the Little Maumelle
17 Wastewater Treatment Plant — Conditional Use Permit (Z-8066) as offered by Little Rock
18 Wastewater Utility on behalf of the Little Rock Sanitary Sewer Committee as follows:
[
20 a) The facility will be constructed in a style that appears to be residential
21 or college campus with buildings:
22 1) that have sloped roofs, and
23 2) accents such as false dormers, and
24 3) where the exteriors are made of brick, rock or some other appropriate
25 fagade as determined by the Little Rock Planning & Development staff;
26 b) All buildings be enclosed, or will be covered with the same roof style;
27 c) Odor and noise control will be installed and maintained on the premises
28 such that there will be no obnoxious odor nor noise pollution outside the
29 structures of the plant that is ascertainable or discernible by a person with
30 reasonable sensibility.
31
1 d) All pipes between buildings shall be located underground;
2 e) Sludge will be piped away from the facility instead of removal by truck.
3
4 WHEREAS, at its meeting on February 10, 2022, the Little Rock Planning
5 Commission approved the Little Maumelle Water Reclamation Facility — Revised Conditional
6 Use Permit (Z-8066-A) with a vote of 10 ayes, 0 nays, 0 absent and 1 open position,
7 recommending removal of condition "e) sludge will be piped away from the facility instead
8 of removal by truck." as requested by the Little Rock Water Reclamation Authority.
9
10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
11 OF THE CITY OF LITTLE ROCK, ARKANSAS.
12
13 Section 1. Resolution No. 12,369 adopted by the Board of Directors on October 17,
14 2006 is hereby amended as recommended by the Little Rock Planning Commission on
15 February 10, 2022.
16
17 Section 2. Condition "e) sludge will be piped away from the facility instead of removal
18 by truck." is hereby rescinded from Resolution No. 12,369 as requested by Little Rock Water
19 Reclamation Authority. All other conditions as found in Resolution No. 12,369 shall remain
20 in full force and effect.
21
22 Section 3. Severability. In the event any title, section, paragraph, item, sentence,
23 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
24 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
25 resolution which shall remain in full force and effect as if the portion so declared or adjudged
26 invalid or unconstitutional was not originally a part of the resolution.
27
28 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
29 inconsistent with the provisions of this resolution, are hereby repealed to the extent of such
30 inconsistency.
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ADOPTED:
ATTEST:
Susan Langley, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney
//
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APPROVED:
Frank Scott, Jr., Mayor
F I L E N O.: Z-8066-A
NAME: Little Maumelle Water Reclamation Facility — Revised Conditional Use Permit
LOCATION: Approximately one mile north of the Cantrell Road/The Divide Pkwy
Intersection
DEVELOPER
Little Rock Water Reclamation Authority
Gregory Ramon
11 Clearwater Drive
Little Rock, AR 72204
OWNER/AUTHORIZED AGENT:
City of Little Rock — Owner
Little Rock Water Reclamation Authority
Gregory Ramon
11 Clearwater Drive
Little Rock, AR 72204
SURVEYOR/ENGINEER:
NTB Associates, Inc
18 Corporate Drive, Suite 200
Little Rock, AR 72205
/_1:j:&RiF'AC =
WARD: 5
CURRENT ZONING
VARIANCE/WAIVERS
NUMBER OF LOTS: 1
PLANNING DISTRICT: 20
R-2 (CUP)
None requested.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
CENSUS TRACT: 42.05
The applicant proposes to amend the Conditional Use Permit (Z-8066) which
established the Little Maumelle Wastewater Treatment Plant, to remove one (1)
condition adopted by the Board of Directors in October 2006 via Resolution 12,369.
FILE NO.: Z-8066-A Cont.)
B. EXISTING CONDITIONS:
The property is located within an area that is primarily undeveloped and heavily
wooded. Properties for several hundred feet in all directions are zoned R-2 and
are undeveloped and wooded other than an Entergy transmission right-of-way that
bisects the site. The transmission right-of-way has been cleared. An area of single-
family residences on larger tracts is located to the northwest of the site. The
nearest residential property is approximately 260 feet west of the northwest corner
of the treatment plant site.
C. NEIGHBORHOOD COMMENTS:
All owners of property within 200 feet of the site and all neighborhood associations
registered with the City of Little Rock were notified of the public hearing.
D. ENGINEERING COMMENTS: No comments.
PUBLIC WORKS CONDITIONS: No comments received.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: No comments received.
Entergy: No comments received.
CenterPoint Enerav: No comments received.
AT & T: No comments received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional
review. Contact Central Arkansas Water regarding procedures for installation
of water facilities and/or fire service. Approval of plans by the Arkansas
Department of Health Engineering Division and Little Rock Fire Department is
required.
Fire Department:
Maintain Access:
Fire Hydrants.
2
FILE NO.: Z-8066-A (Cont.)
Maintain fire apparatus access roads at fire hydrant locations as per Appendix D
of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road
width with a hydrant. Where a fire hydrant is located on a fire apparatus access
road, the minimum road width shall be 26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads
shall not exceed 10 percent in grade except as approved by the fire chief. If
the grade exceeds 10 percent, approval will be denied and the applicant must
submit request to be reviewed by Fire Chief for Approval.
Loading
Maintain fire apparatus access road design as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading.
Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
Commercial and Industrial Developments — 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height. Building
or facilities exceeding 30 feet or three stories in height shall have at least two
means of fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be
provide with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square
feet that have a single approved fire apparatus access road when all
building are equipped throughout with approved automatic sprinkler
systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in
a straight line between accesses.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 — C105, in conjunction with Central Arkansas
3
FILE NO.: Z-8066-A Cont.)
Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office
(Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram
501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1.
Parks and Recreation: No comments received.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments received.
Landscape: No comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division: No comments received
H. ANALYSIS:
The applicant proposes to amend the Conditional Use Permit (Z-8066) which
established the Little Maumelle Wastewater Treatment Plant approved by the Little
Rock Planning Commission on July 6, 2006. The Board of Directors adopted
Resolution No. 12,369 on October 17, 2006 which approved the action of the
Planning Commission (appealed by others) and established conditions as offered
by Little Rock Wastewater Utility on behalf of The Little Rock Sanitary Sewer
Committee.
A copy of Resolution No. 12,369 is attached for Planning Commission review. The
conditions as found in the resolution are as follows:
a) The facility will be constructed in a style that appears to be residential or college
campus with buildings:
1) that have sloped roofs, and
2) accents such as false dormers, and
3) where the exteriors are made of brick, rock or some other appropriate
facade as determined by the Little Rock Planning & Development staff;
b) All buildings be enclosed, or will be covered with the same roof style;
c) Odor and noise control will be installed and maintained on the premises
such that there will be no obnoxious odor nor noise pollution outside the
structures of the plant that is ascertainable or discernible by a person with
reasonable sensibility.
4
FILE NO.: Z-8066-A Cont.
d) All pipes between buildings shall be located underground;
e) Sludge will be piped away from the facility instead of removal by truck.
The applicant proposes to remove one (1) of the five (5) conditions as set forth in
the Resolution, specifically noted as item "e." Little Rock Water Reclamation
Authority is requesting that this condition be removed so that sludge/solids can be
removed from the treatment plant by truck. There is an existing developed roadway
between the treatment facility and Cantrell Road. The applicant notes the following:
"Having the ability to remove solids by truck will lower the risk of high -
costing operation and maintenance along with premature capital
replacement of infrastructure."
Staff supports the requested CUP revision to allow the removal of one (1) of the
five (5) conditions, specifically noted as item "e" in the Resolution. The Conditions
in Resolution No. 12,369 were originally offered by the utility. Staff believes the
proposed revision will have no adverse impact on the area. The four (4) other
conditions will remain in place.
STAFF RECOMMENDATION:
Staff recommends approval of the CUP revision to allow the removal of one
specific condition noted as item "e" in Resolution No. 12,369, subject to compliance
with the comments and conditions outlined in paragraph E, and the staff analysis
of the agenda staff report.
PLANNING COMMISSION ACTION: (FEBRUARY 10, 2022)
The applicant was present. There were no persons present registered in support or
opposition. Staff presented the item and a recommendation of approval as outlined in the
"staff recommendation" above. There was no further discussion. The item was placed
on the Consent Agenda and approved as recommended by staff, including all staff
comments and conditions. The vote was 10 ayes, 0 nays and 1 open position.
5
Attachment- Resolution No. 12,369 Cont. FILE NO.: Z-8066-A
1 RESOLUTION NO. 12,369
2
3 A RESOLUTION TO APPROVE THE ACTION OF THE LITTLE ROCK PLANNING COMMIS-
4 SION, AND TO APPROVE A CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW
5 CONSTRUCTION OF THE LITTLE MAUMELLE WASETWATER TREATMENT PLANT ON
6 PROPERTY ZONED R•2, RESIDENTIAL, LOCATED 700 FEET, MORE OR LESS, SOUTH
7 OF THE INTERSECTION OF EAST PINNACLE ROAD AND KRONE (Z-8066), AND FOR
8 OTHER PURPOSES.
9
10 WHEREAS, the Little Rock Wastewater Utility, on behalf of the Little Rock Sanitary Sewer Commit-
1 1 tee, filed an application for a conditional use permit to allow for the construction of the Little Mau-
12 melle Wastewater Treatment Plant on property zoned R-2, Residential, and located 700 feet, more or
13 less, south of the intersection of East Pinnacle Road and Krone; and
14 WHEREAS, at its meeting on July 6, 2006, the Little Rock Planning Commission approved the condi-
15 tional use permit with a vote of seven (7) ayes, zero (0) nos, two (2) absent, one (1) abstention, and
16 one (1) recusal; and
17 WHEREAS, a record objector to the grant of the conditional use permit has filed an appeal of the
IS Little Rock Planning Commission action to the Board of Directors of the City of Little Rock, Arkansas;
19 and
20 WHEREAS, on October 3, 2006, the Board of Directors set October 17, 2006, as the date for a pub-
21 tic hearing on this appeal;
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
23 ROCK, ARKANSAS:
24 Section 1. The appeal of the grant of a conditional use permit for the Little Maumelle Treatment
25 Plant is denied.
26 Section 2. The conditional use permit to allow construction and operation of a wastewater
27 treatment plant, known as the Little Maumelle Wastewater Treatment Plant, on property zoned R-2,
28 Residential, and located approximately seven hundred (700) feet south of the intersection of East Pin-
2g nacle Road and Krone, is hereby approved, as decided by the Little Rock Planning Commission, and
30 with the fottowing additional conditions offered by the Little Rock Wastewater Utility, on behalf of the
31 Little Rock Sanitary Sewer Committee, during the October 17, 2006, meeting of the Board of Directors:
32 (a) The facility will be constructed in a style that appears to be a residential or college
33 campus with buildings:
34 (1) that have sloped roofs, and
35 (2) accents such as fatse dormers, and
[PACE 1 OF 21
Ae Mr.
Te Grant LUP W Lltpe Maumelle Wastewater Trutmeet Plant
Attachment- Resolution No. 12.369 (Cont.) FILE NO.: Z-8066-A
1 (3) where the exteriors are made of brick, rock, or some other appropriate fagade
2 as determined by the Little Rock Planning It Development staff;
3 (b) All buildings will be enclosed, or will be covered with the same roof style;
4 (c) Odor and noise control will be installed and maintained on the premises such that there
5 will be no obnoxious odor nor noise pollution outside the structures of the plant that is
6 ascertainable or discernible by a person or reasonable sensibility;
7 (d) All pipes between buildings shall be located underground;
8 (e) Sludge will be piped away from the facility instead of being removed by truck.
9 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase,
10 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
1 1 adjudication shall not affect the remaining portions of the resolution which shall remain in full force
12 and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part
13 of the resolution.
14 Section 4. Repeater. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
15 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
16 ADOPTED: October 17, 2006
17 ATTEST: APPROVED: n �9
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20 Nat ki 6locker, ssistant City Clerk Jim ey, May r
21 APPROVED AS TO LEGAL FORM:
22
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24 Thomas M. Carpenter, City Atornoy
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