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HomeMy WebLinkAboutZ-7980-A Staff AnalysisMay 22, 2008 ITEM NO.: E FILE NJ.: Z -7980-A NAME: Entergy Substation — Revised Conditional Use Permit i nC.ATION: 14250 Colonel Glenn Road OWN ERIAPPLICANT: Mintons, Koban, Young/Entergy PROPOSAL: A conditional use permit is requested C.Uto allow for a revision of a previously app utility substation on this R-2 zoned property. 1. SITE LOCATION: The site is located on the south side of Colonel Glenn Road; west of Cooper Orbit Road. The property is located outside of the city limits but within the City's zoning jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area characterized primarily by single-family residences on large tracts and large areas of undeveloped properties. The substation was approved by the Commission on May 11, 2006 and subsequently approved by the Board of Directors on February 20, 2007. Relocating the access drive to the south, within the existing Entergy transmission line right-of-way will not affect the substation's compatibility with the area in a negative manner. All owners of properties located within 200 feet of the site and all residents within 300 feet who could be identified were notified of this request. 3. ON SITE DRIVES AND PARKING: The substation access drive will include a 15 -foot concrete apron t th intersection with Lawson Road. From the concrete apron, approximately 85 feet of the access drive will be paved with asphalt. The remainder of the access drive and the area within the substation will be surfaced with gravel. Parking area is available for service vehicles. 4. SCREENING AND BUFFERS: Site must be developed to comply with the City's landscape and buffer ordinance. May 22, 2008 ITEM NO.: E (Cont. FILE NO.: Z -7980 -AA Buffer and screening are required where the site is adjacent to residentially zoned or used property. Screening may be either a solid fence or wall or dense evergreen plants. 5. PUBLIC WORKS COMMENTS: 1. Plat Requirements a. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to fifty-five (55) feet from centerline will be required. b. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5 -foot sidewalks with planned development. 2. The property appears to be within the 100 -year floodplain and is beyond the City Limits. Contact Pulaski County Planning Department pertaining to development requirements in the floodplain. 3. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection of Lawson Road and the access easement complies with 2004 AASHTO Green Book standards. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Approved as submitted. Located outside Little Rock City Limits_ Provide approval and comment from local Volunteer Fire Department. County Planning: Access from Lawson Road appears to be located in the Floodway and Floodplain. No fill allowed in the floodplain without a 2 May 22, 2008 ITEM NO.: E Cont.) FILE NO.: Z -7980-A development permit from the County. No fill allowed in the floodway without a no rise certificate or no adverse impact. Contact Pulaski County Planning. CATA: Outside service areas. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008) The applicants were present. Staff presented the item and noted there were some issues that needed to be addressed. In response to a question from staff, the applicant stated the proposed new access road was located entirely within an existing utility right-of-way easement. Staff asked if the new driveway would be paved. The applicants were asked to locate and describe any fencing and gates and to label areas to be cleared and to be left wooded. The applicants were asked to provide a statement from the local volunteer fire department indicating that the proposed new access was acceptable and sufficient to provide access to the site. In response to questions, the applicants stated the driveway was relocated to avoid a tributary that crosses the site. They stated more trees could be preserved on the north perimeter, reducing visibility of the site. Public Works, Landscape, Utility and County Comments were discussed. Pulaski County Planning Director Van McClendon was present and spoke about flood plainlfloodway concerns. The applicants were advised to address those issues and provide responses to staff. In response to a question, the applicants stated the lots had not been final platted, due to an ongoing lawsuit, which objectors had filed over the City's approval of the plat and C.U.P. The applicants were advised to respond to staff issues by February 13, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On May 11, 2006, the Planning Commission approved a conditional use permit to allow construction of an Entergy Utility Substation on this R-2 zoned tract. A preliminary plat was also approved, creating a 3 -lot residential plat with a variance to allow a lot without public street frontage. An access easement was approved to provide access off of Colonel Glenn Road to the lot. It is on this lot that the substation was approved. On February 20, 2007, the Board of Directors upheld the Commission's action, approving the plat and C.U.P. Objectors filed suit, seeking to overturn the City's action. That trial is pending. K May 22, 2008 ITEM NO.: E Cont. FILE NO.: Z -7380-A Entergy has filed a revision to the previously approved conditional use permit. The utility proposes to take access from Lawson Road to the substation site, rather than from the access easement onto Colonel Glenn Road. That access easement, which was a part of the approved plat, will remain in place but will not be used by Entergy. The access road to Lawson will be constructed entirely within an existing Entergy transmission line right-of-way. Under the presently approved C.U.P., access to the substation would extend from Colonel Glenn Road, across Tract 1 of the 3 -lot subdivision and across an unnamed tributary of McHenry Creek. Taking access from Lawson Road will make use of the existing utility right-of-way easement. This proposed access will minimize the impact caused by access to the subdivided property and eliminate the need for channelization work to the unnamed tributary. Also, the substation has been reduced from a 3 -transformer bay structure to a 2 -bay structure and the northern fence line has been revised to allow for less visibility from the north. The site plan has been slightly modified to adjust to the boundary set by the court as a result of a boundary dispute. The substation will be enclosed by a 7 -foot tall chain link fence topped by 3 strands of barbed wire, for a total height of 8 feet. Two gates will provide access to the substation. An additional steel gate is proposed on the access drive itself, approximately 100 feet off of Lawson Road. A letter of approval has been provide by the Crystal Fire Protection District No. 24. Signage Will include an aluminum sign with Entergy name, logo and substation name. The sign will be mounted on the south fence of the substation. Applicable warning signs will also be included. A letter from an engineer certifying sight -distance for the driveway onto Lawson Road has been provided to Public Works. The applicant is working with Pulaski County Staff to comply with applicable development requirements in the floodplain. To staffs knowledge, there are no outstanding issues. There is no bill of assurance for this acreage, preliminarily platted tract. STAFF RECOMMENDATION: Staff recommends approval of the revised C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. M May 22, 2008 ITEM NO.: E Cont. FILE NO.: 7-7980-A PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008) Staff informed the Commission that the applicant submitted a letter to staff on February 27, 2008 requesting the application be deferred to the April 10, 2008 Agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 10, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (APRIL 10, 2008) The applicants were not. present. There were no objectors present. Staff informed the Commission that, on April 2, 2008, the applicants had requested deferral of the item to the May 22, 2008 agenda. There was no further discussion. The item was placed on the consent agenda and deferred to the May 22, 2008 agenda. The vote was 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MAY 22, 2008) The applicant was present. There were several objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the "staff recommendation" above. James Jones of Entergy addressed the Commission. He showed a power -point presentation in which he gave a brief history of the project and described the proposed revision. He reviewed the need for a substation in the area and showed an aerial photograph of the area in question. Mr. Jones stated the nearest substation was located four miles to the east of this site and that substation was at or near capacity. He stated this proposed substation was going to be located under an existing Entergy transmission line. He stated relocating the access would resuit in not having to dredge the unnamed tributary for McHenry Creek. He stated the previously approved access easement would be used as a utility easement. Gary Brown, of 14220 Lawson Road, spoke in opposition. He stated the proposed substation would create flooding in the area. He also expressed concern about pollutants from the site. 5 May 22, 2008 ITEM NO.: E Cont.) F11 E NO.: Z- 7980-A Francis Jamell, of 14124 Col. Glenn Rd., spoke in opposition. He stated the originally approved C.U.P. was invalid because the wrong owners were indicated on the application.. He made note of two past zoning related issues where the City had lost lawsuits because proper procedures had not been followed. Mr. Jamell stated the proposed substation would cause flooding in the area and the City would bear responsibility. He stated the City's past decisions on the issue had been capricious and arbitrary. Commissioner Meyer responded that the past decisions had been made only after much discussion and review and were not capricious. The subsequent discussion between Mr. Jamell and the Commission became very animated and the Chairman intervened to stop the discussion. Carolyn Jolley, of 14280 Col. Glenn Rd., spoke in opposition. She stated she had taken photographs of the property showing it to be flooded after recent rains. The photographs were not presented. Ms. Jolley stated the proposed substation had a larger footprint than the previously approved plan and would cause flooding of the neighbors' properties. James Jones responded that the footprint of the proposed substation was no larger than the prior approval. He stated Entergy would follow all rules and guidelines for development of the site to assure that no increase in flooding was caused. Commissioner Meyer asked Mr. Jones if Entergy considered other sites. Mr. Jones stated Entergy started out looking at five sites before determining this site to be best. He stated the site preferred by the neighbors would involve the construction of a mile of transmission line and the clear -cutting of a one hundred foot wide path for the transmission line. Commissioner Meyer asked if Entergy could be sued if it were determined that the substation caused flooding in the area. Mr. Jones responded that Entergy could be sued. Chairman Taylor asked why the substation was being reduced from three bays to two. Mr. Jones responded that it was an effort to reduce the substation's footprint and to reduce the impact of the development. He stated the facility would be constructed with one bay which would likely reach capacity in about seven years. At that point, the second bay would be added. In response to a question from Commissioner Williams, the engineer accompanying Mr. Jones from Entergy stated the footprint of the revised substation was slightly smaller than the previously approved plan. A May 22, 2008 ITEM NO.: E(Cont.)FILE NO.. --7980-A In response to a question, Mike Hood of Public Works stated the developers would have to comply with Pulaski County regulations for construction in the floodplain. Commissioner Yates commented that the Commission was not approving a specific engineering plan for development of the site. He stated the issue was addition of access to Lawson Road. Other objectors arrived and turned in cards after the designated time for opposition to speak. The Chair allotted each person one minute to speak. Tammy McLain, of 14245 Col. Glenn Rd., stated she had concerns about flooding. Jeff Stephens, of 24 Ashwood Dr., spoke of his concerns for his parents' property. He asked how his parents could be assured that their property would be protected. Sue Ann Stephens, of 14075 Col. Glenn Rd., stated the property had been subdivided for single-family homes, not utility substation. She also voiced concerns about flooding. Roy Jolley, of 14300 Col. Glenn Rd., stated the proposed access Rd. would create a dam; causing flooding. He stated "the Planning Commission had been nothing but yes men for your rich Entergy friends." Commissioner Rector stated Entergy was required by law not to increase flooding and it was an engineering issue. Commissioner Yates stated the Commission's approval was subject to Entergy following all the laws related to development of the site, and it was not blanket approval to do anything they want. He stated the Commission was approving a change of access to a use that had already been approved. A motion was made to approve the application as presented, including all staff recommendations and conditions. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 7 May 22, 2008 ITEM NO.: E FILE NO.: Z -7980-A NAME: Entergy Substation — Revised Conditional Use Permit LOCATION: 14250 Colonel Glenn Road OWNER/APPLICANT: Mintons, Koban, Young/Entergy PROPOSAL: A conditional use permit is requested to allow for revision.of a previously approved C.U.P. to allow a utility substation on this R-2 zoned property. 1. Q 3. SITE LOCATION: The site is located on the south side of Colonel Glenn Road; west of Cooper Orbit Road. The property is located outside of the city limits but within the City's zoning jurisdiction. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area characterized primarily by single-family residences on large tracts and large areas of undeveloped properties. The substation was approved by the Commission on May 11, 2006 and subsequently approved by the Board of Directors on February 20, 2007. Relocating the access drive to the south, within the existing Entergy transmission line right-of-way will not affect the substation's compatibility with the area in a negative manner. All owners of properties located within 200 feet of the site and all residents within 300 feet who could be identified were notified of this request. ON SITE DRIVES AND PARKING: The substation access drive will include a 15 -foot concrete apron at the intersection with Lawson Road. From the concrete apron, approximately 85 feet of the access drive will be paved with asphalt. The remainder of the access drive and the area within the substation will be surfaced with gravel. Parking area is available for service vehicles. 4. SCREENING AND BUFFERS: Site must be developed to comply with the City's landscape and buffer ordinance. May 22, 2008 ITEM NO.: E (Cont.) FILE ND.: Z -7980-A Buffer and'screening are required where the site is adjacent to residentially zoned or used property. Screening may be either a solid fence or wall or dense evergreen plants. 5. PUBLIC WORKS COMMENTS: 1.: Plat Requirements a. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to fifty-five (55) feet from centerline will be required. b. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5 -foot sidewalks with planned development. 2. The property appears to be within the 100 -year floodplain and is beyond the City Limits. Contact Pulaski County Planning Department pertaining to development requirements in the floodplain. 3. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection of Lawson Road and the access easement complies with 2004 AASHTO Green Book standards. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Approved as submitted. Located outside Little Rock City Limits. Provide approval and comment from local Volunteer Fire Department. County Planning: Access from Lawson Road appears to be located in the Floodway and Floodplain. No fill allowed in the floodplain without a 2 May 22, 2008 ITEM NO.: E (Cont.] FILE NO.: Z 7980-A development permit from the County. No fill allowed in the floodway without a no rise certificate or no adverse impact. Contact Pulaski County Planning. CATA: Outside service areas. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008) The applicants were present. Staff presented the item and noted there were some issues that needed to be addressed. In response to a question from staff, the applicant stated the proposed new access road was located entirely within an existing utility right-of-way easement. Staff asked if the new driveway would be paved. The applicants were asked to locate and describe any fencing and gates and to label areas to be cleared and to be left wooded. The applicants were asked to provide a statement from the local volunteer fire department indicating that the proposed new access was acceptable and sufficient to provide access to the site. In response to questions, the applicants stated the driveway was relocated to avoid a tributary that crosses the site. They stated more trees could be preserved on the north perimeter, reducing visibility of the site. Public Works, Landscape, Utility and County Comments were discussed. Pulaski County Planning Director Van McClendon was present and spoke about flood plain/floodway concerns. The applicants were advised to address those issues and provide responses to staff. In response to a question, the applicants stated the lots had not been final platted, due to an ongoing lawsuit, which objectors had filed over the City's approval of the plat and C.U.P. The applicants were advised to respond to staff issues by February 13, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On May 1.1, 2006, the Planning Commission approved a conditional use permit to allow construction of an Entergy Utility Substation on this R-2 zoned tract. A preliminary plat was also approved, creating a 3 -lot residential plat with a variance to allow a lot without public street frontage. An access easement was approved to provide access off of Colonel Glenn Road to the lot. It is on this lot that the substation was approved. On February 20, 2007, the Board of Directors upheld the Commission's action, approving the plat and C.U.P. Objectors filed suit, seeking to overturn the City's action. That trial is pending. 3 May 22, 2008 ITEM NO.: E(Cont.) FILE NO.: Z -7880-A Entergy 'has filed a revision to the previously approved conditional use permit. The utility proposes to take access from Lawson Road to the substation site, rather than from the access easement onto Colonel Glenn Road. That access easement, which was a part of the approved plat, will remain in place but will not be used by Entergy. The access road to Lawson will be constructed entirely within an existing Entergy transmission line right-of-way. Under the presently approved C.U.P., access to the substation would extend from Colonel Glenn Road, across Tract 1 of the 3 -lot subdivision and across an unnamed tributary of'McMenry Creek. Taking access from Lawson Road. will make use of the existing utility right-of-way easement. This proposed access will minimize the impact caused by access to the subdivided property and eliminate the need for channelization work to the unnamed tributary. Also, the substation has been reduced from a 3 -transformer bay structure to a 2 -bay structure and the northern fence line has been revised to allow for less visibility from the north. The site plan has been slightly modified to adjust to the boundary set by the court as a result of a boundary dispute. The substation will be enclosed by a 7 -foot tall chain link fence topped by 3 strands of b-a.rbed wire, for a total height of 8 feet. Two gates will provide access to the substation. An additional steel gate is proposed on the access drive itself, approximately 100 feet off of Lawson Road. A letter of approval has been provide by the Crystal Fire Protection District No. 24. Signage will include an aluminum sign with Entergy name, logo and substation name. The sign will be mounted on the south fence of the substation. Applicable warning signs will also be included. A letter from an engineer certifying sight -distance for the driveway onto Lawson Road has been provided to Public Works. The applicant is working with Pulaski County Staff to comply with applicable development requirements in the floodplain. To staffs knowledge, there are no outstanding issues. There is no bill of assurance for this acreage, preliminarily platted tract. STAFF RECOMMENDATION: Staff recommends approval of the revised C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. May 22, 2008 ITEM NO.: E Cont. FILE NO.: Z -7980-A PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008) Staff informed the Commission that the applicant submitted a letter to staff on February 27, 2008 requesting the application be deferred to the April 10, 2008 Agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 10, 2008 Agenda. A motion to that effect was made. The motion passed by a .vote of 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (APRIL 10, 2008) The applicants were not present. There were no objectors present. Staff informed the Commission that, on April 2, 2008, the applicants had requested deferral of the item to the May 22, 2008 agenda. There was no further discussion. The item was placed on the consent agenda and deferred to the May'22, 2008 agenda. The vote was 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MAY 22, 2008) The applicant was present. There. were several objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the "staff recommendation" above. James Jones of Entergy addressed the Commission. He showed a power -point presentation in which he gave a brief history of the project and described the proposed revision. He reviewed the need for a substation in the area and showed an aerial photograph of the area in question. Mr: Jones stated the nearest substation was located four miles to the east of this site and that substation was at or near capacity. He stated this proposed substation was going to be located under an existing Entergy transmission line. He stated relocating the access would result in not having to dredge the unnamed tributary for McHenry Creek. He stated the previously approved access easement would be used as a utility easement. Gary Brown, of 14220 Lawson Road, spoke in opposition. He stated the proposed substation would create flooding in the area. He also expressed concern about pollutants from the site. I.7 May 22, 2008 ITEM NO.: E (Cont.) FILE NO.: Z -7980-A Francis Jamell, of 14124 Col. Glenn Rd., spoke in opposition. He stated the originally approved C.U.P. was invalid because the wrong owners were indicated on the application. He made note of two past zoning related issues where the City had lost lawsuits because proper procedures had not been followed. Mr. Jarrell stated the proposed_ substation would cause flooding in the area and the City would bear responsibility. He stated the City's past decisions on the issue had been capricious and arbitrary. Commissioner. Meyer responded that the past decisions had been made only after much discussion and review and were not capricious. The subsequent discussion between Mr. Jamell and the Commission became very animated and the Chairman intervened to stop the discussion. Carolyn Jolley, of 14280 Col. Glenn Rd., spoke in opposition. She stated she had taken photographs of the property showing it to be flooded after recent rains. The photographs were not presented. Ms. Jolley stated the proposed substation had a larger footprint than the previously approved plan and would cause flooding of the neighbors' properties. James Jones responded that the footprint'of the proposed substation was no larger than the prior approval. He stated Entergy would follow all rules and guidelines for development of the site to assure that no increase in flooding was caused. Commissioner Meyer asked Mr. Jones if Entergy .considered other sites. Mr. Jones stated Entergy started out looking at five sites before determining this site to be best. He stated the site preferred by the neighbors would involve the construction of a mile of transmission Iine and the clear -cutting of a one hundred foot wide path for the transmission line. Commissioner Meyer asked if Entergy could be sued if it were determined that the substation caused flooding in the area. Mr. Jones responded that Entergy could be sued. Chairman Taylor asked why the substation was being reduced from three bays to two. Mr. Jones responded that it was an effort to reduce the substation's footprint and to reduce the impact of the development. He stated the facility would be constructed with one bay which would likely reach capacity in about seven years. At that point, the second bay would be added. In response to a question from Commissioner Williams, the engineer accompanying Mr. Jones from Entergy stated the footprint of the revised substation was slightly smaller than the previously approved plan. D May 22, 2008 ITEM NO.: E (Cont.) FILE NO.: Z -7980-A In response to a question, Mike Hood of Public Works stated the developers would have to comply with Pulaski County regulations for construction in the floodplain. Commissioner Yates commented that the Commission was not approving a specific engineering plan for development of the site. He stated the issue was addition of access to Lawson Road. Other objectors arrived and turned in cards after the designated time for opposition to speak. The Chair allotted each person one minute to speak. Tammy McLain, of 14245 Col. Glenn Rd., stated she had concerns about flooding. Jeff Stephens, of 24 Ashwood Dr., spoke of his concerns for his parents' property. He asked how his parents could be assured that their property would be protected. Sue Ann Stephens, of 14075 Col. Glenn Rd., stated the property had been subdivided for single-family homes, not utility substation. She also voiced concerns about flooding. Roy Jolley, of 14300 Col. Glenn Rd., stated the proposed access Rd. would create a dam, causing flooding. He stated "the Planning Commission had been nothing but yes men for your rich. Entergy friends." Commissioner Rector stated Entergy was required by law not to increase flooding and it was an engineering issue. Commissioner Yates stated the Commission's approval was subject to Entergy following all the laws related to development of the site, and it was not blanket approval to do anything they want. He stated the Commission was approving a change of access to a use that had already been approved. A motion was made to approve the application as presented, including all staff recommendations and conditions. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 7 FILE NO.: Z -7980-A NAME: Entergy Substation — Revised Conditional Use Permit LOCATION: 14250 Colonel Glenn Road OWNER/APPLICANT: Mintons, Koban, Young/Entergy PROPOSAL: A conditional use permit is requested to allow for revision of a previously approved C.U.P. to allow a utility substation on this R-2 zoned property. 1. SITE LOCATION: The site is located on the south side of Colonel Glenn Road; west of Cooper Orbit Road. The property is located outside of the city limits but within the City's zoning jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD, The property is located in an area characterized primarily by single-family residences on large tracts and large areas of undeveloped properties. The substation was approved by the Commission on May 11, 2006 and subsequently approved by the Board of Directors on February 20, 2007. Relocating the access drive to the south, within the existing Entergy transmission line right-of-way will not affect the substation's compatibility with the area in a negative manner. All owners of properties located within 200 feet of the site and all residents within 300 feet who could be identified were notified of this request. 3. ON SITE DRIVES AND PARKING: The substation access drive will include a 15 -foot concrete apron at the intersection with Lawson Road. From the concrete apron, approximately 85 feet of the access drive will be paved with asphalt. The remainder of the access drive and the area within the substation will be surfaced with gravel. Parking area is available for service vehicles. 4. SCREENING AND BUFFERS: Site must be developed to comply with the City's landscape and buffer ordinance. Buffer and screening are required where the site is adjacent to residentially zoned or used property. Screening may be either a solid fence or wall or dense evergreen plants. FILE NO.: Z -7980-A (Cont. 5. PUBLIC WORKS COMMENTS: 1. Plat Requirements a. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to fifty-five (55) feet from centerline will be required. b. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5 -foot sidewalks with planned development. 2. The property appears to be within the 100 -year floodplain and is beyond the City Limits. Contact Pulaski County Planning Department pertaining to development requirements in the floodplain. 3. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection of Lawson Road and the access easement complies with 2004 AASHTO Green Book standards. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Approved as submitted. Located outside Little Rock City Limits. Provide approval and comment from local Volunteer Fire Department. County Planning: Access from Lawson Road appears to be located in the Floodway and Floodplain. No fill allowed in the floodplain without a development permit from the County. No fill allowed in the floodway without a no rise certificate or no adverse impact. Contact Pulaski County Planning. CATA: Outside service areas. 4 E NO.: Z -7980-A (Cont. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008) The applicants were present. Staff presented the item and noted there were some issues that needed to be addressed. In response to a question from staff, the applicant stated the proposed new access road was located entirely within an existing utility right-of-way easement. Staff asked if the new driveway would be paved. The applicants were asked to locate and describe any fencing and gates and to label areas to be cleared and to be left wooded. The applicants were asked to provide a statement from the local volunteer fire department indicating that the proposed new access was acceptable and sufficient to provide access to the site. In response to questions, the applicants stated the driveway was relocated to avoid a tributary that crosses the site. They stated more trees could be preserved on the north perimeter, reducing visibility of the site. Public Works, Landscape, Utility and County Comments were discussed. Pulaski County Planning Director Van McClendon was present and spoke about flood plain/floodway concerns. The applicants were advised to address those issues and provide responses to staff. In response to a question, the applicants stated the lots had not been final platted, due to an ongoing lawsuit, which objectors had filed over the City's approval of the plat and C.U.P. The applicants were advised to respond to staff issues by February 13, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On May 11, 2006, the Planning Commission approved a conditional use permit to allow construction of an Entergy Utility Substation on this R-2 zoned tract. A preliminary plat was also approved, creating a 3 -lot residential plat with a variance to allow a lot without public street frontage. An access easement was approved to provide access off of Colonel Glenn Road to the lot. It is on this lot that the substation was approved. On February 20, 2007, the Board of Directors upheld the Commission's action, approving the plat and C.U.P. Objectors filed suit, seeking to overturn the City's action. That trial is pending. Entergy has filed a revision to the previously approved conditional use permit. The utility proposes to take access from Lawson Road to the substation site, rather than from the access easement onto Colonel Glenn Road. That access easement, which was a part of the approved plat, will remain in place but will not be used by Entergy. The access road to Lawson will be constructed entirely within an existing Entergy transmission line right-of-way. 3 FILE NO.: Z -7980-A (Cont. Under the presently approved C.U.P., access to the substation would extend from Colonel Glenn Road, across Tract 1 of the 3 -lot subdivision and across an unnamed tributary of McHenry Creek. Taking access from Lawson Road will make use of the existing utility right-of-way easement. This proposed access will minimize the impact caused by access to the subdivided property and eliminate the need for channelization work to the unnamed tributary. Also, the substation has been reduced from a 3 -transformer bay structure to a 2 -bay structure and the northern fence line has been revised to allow for less visibility from the north. The site plan has been slightly modified to adjust to the boundary set by the court as a result of a boundary dispute. The substation will be enclosed by a 7 -foot tall chain link fence topped by 3 strands of barbed wire, for a total height of 8 feet. Two gates will provide access to the substation. An additional steel gate is proposed on the access drive itself, approximately 100 feet off of Lawson Road. A letter of approval has been provide by the Crystal Fire Protection District No. 24. Signage will include an aluminum sign with Entergy name, logo and substation name. The sign will be mounted on the south fence of the substation. Applicable warning signs will also be included. A letter from an engineer certifying sight -distance for the driveway onto Lawson Road has been provided to Public Works. The applicant is working with Pulaski County Staff to comply with applicable development requirements in the floodplain. To staff's knowledge, there are no outstanding issues. There is no bill of assurance for this acreage, preliminarily platted tract. STAFF RECOMMENDATION: Staff recommends approval of the revised C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008) Staff informed the Commission that the applicant submitted a letter to staff on February 27, 2008 requesting the application be deferred to the April 10, 2008 Agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 10, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent - 0 FILE NO.: Z -7980-A (Cont. PLANNING COMMISSION ACTION: (APRIL 10, 2008) The applicants were not present. There were no objectors present. Staff informed the Commission that, on April 2, 2008, the applicants had requested deferral of the item to the May 22, 2008 agenda. There was no further discussion. The item was placed on the consent agenda and deferred to the May 22, 2008 agenda. The vote was 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MAY 22, 2008) The applicant was present. There were several objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the "staff recommendation" above. James Jones of Entergy addressed the Commission. He showed a power -point presentation in which he gave a brief history of the project and described the proposed revision. He reviewed the need for a substation in the area and showed an aerial photograph of the area in question. Mr. Jones stated the nearest substation was located four miles to the east of this site and that substation was at or near capacity. He stated this proposed substation was going to be located under an existing Entergy transmission line. He stated relocating the access would result in not having to dredge the unnamed tributary for McHenry Creek. He stated the previously approved access easement would be used as a utility easement. Gary Brown, of 14220 Lawson Road, spoke in opposition. He stated the proposed substation would create flooding in the area. He also expressed concern about pollutants from the site. Francis Jamell, of 14124 Col. Glenn Rd., spoke in opposition. He stated the originally approved C.U.P. was invalid because the wrong owners were indicated on the application. He made note of two past zoning related issues where the City had lost lawsuits because proper procedures had not been followed. Mr. Jamell stated the proposed substation would cause flooding in the area and the City would bear responsibility. He stated the City's past decisions on the issue had been capricious and arbitrary. Commissioner Meyer responded that the past decisions had been made only after much discussion and review and were not capricious. The subsequent discussion between Mr. Jamell and the Commission became very animated and the Chairman intervened to stop the discussion. FILE NO.: Z -7980-A (Cont. Carolyn Jolley, of 14280 Col. Glenn Rd., spoke in opposition. She stated she had taken photographs of the property showing it to be flooded after recent rains. The photographs were not presented. Ms. Jolley stated the proposed substation had a larger footprint than the previously approved plan and would cause flooding of the neighbors' properties. James Jones responded that the footprint of the proposed substation was no larger than the prior approval. He stated Entergy would follow all rules and guidelines for development of the site to assure that no increase in flooding was caused. Commissioner Meyer asked Mr. Jones if Entergy considered other sites. Mr. Jones stated Entergy started out looking at five sites before determining this site to be best. He stated the site preferred by the neighbors would involve the construction of a mile of transmission line and the clear -cutting of a one hundred foot wide path for the transmission line. Commissioner Meyer asked if Entergy could be sued if it were determined that the substation caused flooding in the area. Mr. Jones responded that Entergy could be sued. Chairman Taylor asked why the substation was being reduced from three bays to two. Mr. Jones responded that it was an effort to reduce the substation's footprint and to reduce the impact of the development. He stated the facility would be constructed with one bay which would likely reach capacity in about seven years. At that point, the second bay would be added. In response to a question from Commissioner Williams, the engineer accompanying Mr. Jones from Entergy stated the footprint of the revised substation was slightly smaller than the previously approved plan. In response to a question, Mike Hood of Public Works stated the developers would have to comply with Pulaski County regulations for construction in the floodplain. Commissioner Yates commented that the Commission was not approving a specific engineering plan for development of the site. He stated the issue was addition of access to Lawson Road. Other objectors arrived and turned in cards after the designated time for opposition to speak. The Chair allotted each person one minute to speak. Tammy McLain, of 14245 Col. Glenn Rd., stated she had concerns about flooding. Jeff Stephens, of 24 Ashwood Dr., spoke of his concerns for his parents' property. He asked how his parents could be assured that their property would be protected. 0 FILE NO.: Z -7980-A Sue Ann Stephens, of 14075 Col. Glenn Rd., stated the property had been subdivided for single-family homes, not utility substation. She also voiced concerns about flooding. Roy Jolley, of 14300 Col. Glenn Rd., stated the proposed access Rd. would create a dam, causing flooding. He stated "the Planning Commission had been nothing but yes men for your rich Entergy friends." Commissioner Rector stated Entergy was required by law not to increase flooding and it was an engineering issue. Commissioner Yates stated the Commission's approval was subject to Entergy following all the laws related to development of the site, and it was not blanket approval to do anything they want. He stated the Commission was approving a change of access to a use that had already been approved. A motion was made to approve the application as presented, including all staff recommendations and conditions. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 7 May 22, 2008 ITEM NO.: E FILE NO.: Z -7980-A NAME: Entergy Substation — Revised Conditional Use Permit LOCATION: 14250 Colonel Glenn Road OWNER/APPLICANT: Mintons, Koban, Young/Entergy PROPOSAL: A conditional use permit is requested to allow for revision of a previously approved C.U.P. to allow a utility substation on this R-2 zoned property. SITE LOCATION: The site is located on the south side of Colonel Glenn Road; west of Cooper Orbit Road. The property is located outside of the city limits but within the City's zoning jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area characterized primarily by single-family residences on large tracts and large areas of undeveloped properties. The substation was approved by the Commission on May 11, 2006 and subsequently approved by the Board of Directors on February 20, 2007. Relocating the access drive to the south, within the existing Entergy transmission line right-of-way will not affect the substation's compatibility with the area in a negative manner. All owners of properties located within 200 feet of the site and all residents within 300 feet who could be identified were notified of this request. 3. ON SITE DRIVES AND PARKING: The substation access drive will include a 15 -foot concrete apron at the intersection with Lawson Road. From the concrete apron, approximately 85 feet of the access drive will be paved with asphalt. The remainder of the access drive and the area within the substation will be surfaced with gravel. Parking area is available for service vehicles. 4. SCREENING AND BUFFERS: Site must be developed to comply with the City's landscape and buffer ordinance. May 22, 2008 ITEM NO.: E (Cont. FILE NO.: Z -7980-A Buffer and screening are required where the site is adjacent to residentially zoned or used property. Screening may be either a solid fence or wall or dense evergreen plants. 5. PUBLIC WORKS COMMENTS: 1. Plat Requirements a. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to fifty-five (55) feet from centerline will be required. b. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5 -foot sidewalks with planned development. 2. The property appears to be within the 100 -year floodplain and is beyond the City Limits. Contact Pulaski County Planning Department pertaining to development requirements in the floodplain. 3. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection of Lawson Road and the access easement complies with 2004 AASHTO Green Book standards. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Approved as submitted. Located outside Little Rock City Limits. Provide approval and comment from local Volunteer Fire Department. County Planning: Access from Lawson Road appears to be located in the Floodway and Floodplain. No fill allowed in the floodplain without a 2 May 22, 2008 ITEM NO.: E (Cont.) FILE NO.: Z -7980-A development permit from the County. No fill allowed in the floodway without a no rise certificate or no adverse impact. Contact Pulaski County Planning. CATA: Outside service areas. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008) The applicants were present. Staff presented the item and noted there were some issues that needed to be addressed. In response to a question from staff, the applicant stated the proposed new access road was located entirely within an existing utility right-of-way easement. Staff asked if the new driveway would be paved. The applicants were asked to locate and describe any fencing and gates and to label areas to be cleared and to be left wooded. The applicants were asked to provide a statement from the local volunteer fire department indicating that the proposed new access was acceptable and sufficient to provide access to the site. In response to questions, the applicants stated the driveway was relocated to avoid a tributary that crosses the site. They stated more trees could be preserved on the north perimeter, reducing visibility of the site. Public Works, Landscape, Utility and County Comments were discussed. Pulaski County Planning Director Van McClendon was present and spoke about flood plain/floodway concerns. The applicants were advised to address those issues and provide responses to staff. In response to a question, the applicants stated the lots had not been final platted, due to an ongoing lawsuit, which objectors had filed over the City's approval of the plat and C.U.P. The applicants were advised to respond to staff issues by February 13, 2008, The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On May 11, 2006, the Planning Commission approved a conditional use permit to allow construction of an Entergy Utility Substation on this R-2 zoned tract. A preliminary plat was also approved, creating a 3 -lot residential plat with a variance to allow a lot without public street frontage. An access easement was approved to provide access off of Colonel Glenn Road to the lot. It is on this lot that the substation was approved. On February 20, 2007, the Board of Directors upheld the Commission's action, approving the plat and C.U.P. Objectors filed suit, seeking to overturn the City's action. That trial is pending. 3 May 22, 2008 ITEM NO.: E (Cont. FILE NO.: Z -7980-A Entergy has filed a revision to the previously approved conditional use permit. The utility proposes to take access from Lawson Road to the substation site, rather than from the access easement onto Colonel Glenn Road. That access easement, which was a part of the approved plat, will remain in place but will not be used by Entergy. The access road to Lawson will be constructed entirely within an existing Entergy transmission line right-of-way. Under the presently approved C.U.P., access to the substation would extend from Colonel Glenn Road, across Tract 1 of the 3 -lot subdivision and across an unnamed tributary of McHenry Creek. Taking access from Lawson Road will make use of the existing utility right-of-way easement. This proposed access will minimize the impact caused by access to the subdivided property and eliminate the need for channelization work to the unnamed tributary. Also, the substation has been reduced from a 3 -transformer bay structure to a 2 -bay structure and the northern fence line has been revised to allow for less visibility from the north. The site plan has been slightly modified to adjust to the boundary set by the court as a result of a boundary dispute. The substation will be enclosed by a 7 -foot tall chain link fence topped by 3 strands of barbed wire, for a total height of 8 feet. Two gates will provide access to the substation. An additional steel gate is proposed on the access drive itself, approximately 100 feet off of Lawson Road. A letter of approval has been provide by the Crystal Fire Protection District No. 24. Signage will include an aluminum sign with Entergy name, logo and substation name. The sign will be mounted on the south fence of the substation. Applicable warning signs will also be included. A letter from an engineer certifying sight -distance for the driveway onto Lawson Road has been provided to Public Works. The applicant is working with Pulaski County Staff to comply with applicable development requirements in the floodplain. To staffs knowledge, there are no outstanding issues. There is no bill of assurance for this acreage, preliminarily platted tract. STAFF RECOMMENDATION: Staff recommends approval of the revised C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 0 May 22, 2008 ITEM NO.: E (Cont.) FILE NO.: Z -7980-A PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008) Staff informed the Commission that the applicant submitted a letter to staff on February 27, 2008 requesting the application be deferred to the April 10, 2008 Agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 10, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (APRIL 10, 2008) The applicants were not present. There were no objectors present. Staff informed the Commission that, on April 2, 2008, the applicants had requested deferral of the item to the May 22, 2008 agenda. There was no further discussion. The item was placed on the consent agenda and deferred to the May 22, 2008 agenda. The vote was 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MAY 22, 2008) The applicant was present. There were several objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the "staff recommendation" above. James Jones of Entergy addressed the Commission. He showed a power -point presentation in which he gave a brief history of the project and described the proposed revision. He reviewed the need for a substation in the area and showed an aerial photograph of the area in question. Mr. Jones stated the nearest substation was located four miles to the east of this site and that substation was at or near capacity. He stated this proposed substation was going to be located under an existing Entergy transmission line. He stated relocating the access would result in not having to dredge the unnamed tributary for McHenry Creek. He stated the previously approved access easement would be used as a utility easement. Gary Brown, of 14220 Lawson Road, spoke in opposition. He stated the proposed substation would create flooding in the area. He also expressed concern about pollutants from the site. l•1 May 22, 2008 ITEM NO.: E (Cont.) FILE NO.: Z -7980-A Francis Jamell, of 14124 Col. Glenn Rd., spoke in opposition. He stated the originally approved C.U.P. was invalid because the wrong owners were indicated on the application. He made note of two past zoning related issues where the City had lost lawsuits because proper procedures had not been followed. Mr. Jamell stated the proposed substation would cause flooding in the area and the City would bear responsibility. He stated the City's past decisions on the issue had been capricious and arbitrary. Commissioner Meyer responded that the past decisions had been made only after much discussion and review and were not capricious. The subsequent discussion between Mr. Jamell and the Commission became very animated and the Chairman intervened to stop the discussion. Carolyn Jolley, of 14280 Col. Glenn Rd., spoke in opposition. She stated she had taken photographs of the property showing it to be flooded after recent rains. The photographs were not presented. Ms. Jolley stated the proposed substation had a larger footprint than the previously approved plan and would cause flooding of the neighbors' properties. James Jones responded that the footprint of the proposed substation was no larger than the prior approval. He stated Entergy would follow all rules and guidelines for development of the site to assure that no increase in flooding was caused. Commissioner Meyer asked Mr. Jones if Entergy considered other sites. Mr. Jones stated Entergy started out looking at five sites before determining this site to be best. He stated the site preferred by the neighbors would involve the construction of a mile of transmission line and the clear -cutting of a one hundred foot wide path for the transmission line. Commissioner Meyer asked if Entergy could be sued if it were determined that the substation caused flooding in the area. Mr. Jones responded that Entergy could be sued. Chairman Taylor asked why the substation was being reduced from three bays to two. Mr. Jones responded that it was an effort to reduce the substation's footprint and to reduce the impact of the development. He stated the facility would be constructed with one bay which would likely reach capacity in about seven years. At that point, the second bay would be added. In response to a question from Commissioner Williams, the engineer accompanying Mr. Jones from Entergy stated the footprint of the revised substation was slightly smaller than the previously approved plan. May 22, 2008 ITEM NO.: E [Cont. FILE NO.: Z -7980-A In response to a question, Mike Hood of Public Works stated the developers would have to comply with Pulaski County regulations for construction in the floodplain. Commissioner Yates commented that the Commission was not approving a specific engineering plan for development of the site. He stated the issue was addition of access to Lawson Road. Other objectors arrived and turned in cards after the designated time for opposition to speak. The Chair allotted each person one minute to speak. Tammy McLain, of 14245 Col. Glenn Rd., stated she had concerns about flooding. Jeff Stephens, of 24 Ashwood Dr., spoke of his concerns for his parents' property. He asked how his parents could be assured that their property would be protected. Sue Ann Stephens, of 14075 Col. Glenn Rd., stated the property had been subdivided for single-family homes, not utility substation. She also voiced concerns about flooding. Roy Jolley, of 14300 Col. Glenn Rd., stated the proposed access Rd. would create a dam, causing flooding. He stated "the Planning Commission had been nothing but yes men for your rich Entergy friends." Commissioner Rector stated Entergy was required by law not to increase flooding and it was an engineering issue. Commissioner Yates stated the Commission's approval was subject to Entergy following all the laws related to development of the site, and it was not blanket approval to do anything they want. He stated the Commission was approving a change of access to a use that had already been approved. A motion was made to approve the application as presented, including all staff recommendations and conditions. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 7 May 22, 2008 ITEM NO.: E NAME: LOCATION: OWNER/APPLICANT: FILE NO.: Z -7980-A Entergy Substation — Revised Conditional Use Permit 14250 Colonel Glenn Road Mintons, Koban, Young/Entergy PROPOSAL: A conditional use permit is requested to allow for revision of a previously approved C.U.P. to allow a utility substation on this R-2 zoned property. 1. SITE LOCATION: The site is located on the south side of Colonel Glenn Road; west of Cooper Orbit Road. The property is located outside of the city limits but within the City's zoning jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area characterized primarily by single-family residences on large tracts and large areas of undeveloped properties. The substation was approved by the Commission on May 11, 2006 and subsequently approved by the Board of Directors on February 20, 2007. Relocating the access drive to the south, within the existing Entergy transmission line right-of-way will not affect the substation's compatibility with the area in a negative manner. All owners of properties located within 200 feet of the site and all residents within 300 feet who could be identified were notified of this request. 3. ON SITE DRIVES AND PARKING: The substation access drive will include a 15 -foot concrete apron at the intersection with Lawson Road. From the concrete apron, approximately 85 feet of the access drive will be paved with asphalt. The remainder of the access drive and the area within the substation will be surfaced with gravel. Parking area is available for service vehicles. 4. SCREENING AND BUFFERS: Site must be developed to comply with the City's landscape and buffer ordinance. May 22, 2008 ITEM NO.: E (Co FILE NO.: Z -7980-A Buffer and screening are required where the site is adjacent to residentially zoned or used property. Screening may be either a solid fence or wall or dense evergreen plants. 5. PUBLIC WORKS COMMENTS: 1. Plat Requirements a. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to fifty-five (55) feet from centerline will be required. b. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5 -foot sidewalks with planned development. 2. The property appears to be within the 100 -year floodplain and is beyond the City Limits. Contact Pulaski County Planning Department pertaining to development requirements in the floodplain. 3. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection of Lawson Road and the access easement complies with 2004 AASHTO Green Book standards. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Approved as submitted. Located outside Little Rock City Limits. Provide approval and comment from local Volunteer Fire Department. County Planning: Access from Lawson Road appears to be located in the Floodway and Floodplain. No fill allowed in the floodplain without a 2 May 22, 2008 ITEM NO.: E (Cont. FILE NO.: Z -7980-A development permit from the County. No fill allowed in the floodway without a no rise certificate or no adverse impact. Contact Pulaski County Planning. CATA: Outside service areas. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008) The applicants were present. Staff presented the item and noted there were some issues that needed to be addressed. In response to a question from staff, the applicant stated the proposed new access road was located entirely within an existing utility right-of-way easement. Staff asked if the new driveway would be paved. The applicants were asked to locate and describe any fencing and gates and to label areas to be cleared and to be left wooded. The applicants were asked to provide a statement from the local volunteer fire department indicating that the proposed new access was acceptable and sufficient to provide access to the site. In response to questions, the applicants stated the driveway was relocated to avoid a tributary that crosses the site. They stated more trees could be preserved on the north perimeter, reducing visibility of the site. Public Works, Landscape, Utility and County Comments were discussed. Pulaski County Planning Director Van McClendon was present and spoke about flood plain/floodway concerns. The applicants were advised to address those issues and provide responses to staff. In response to a question, the applicants stated the lots had not been final platted, due to an ongoing lawsuit, which objectors had filed over the City's approval of the plat and C.U.P. The applicants were advised to respond to staff issues by February 13, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On May 11, 2006, the Planning Commission approved a conditional use permit to allow construction of an Entergy Utility Substation on this R-2 zoned tract. A preliminary plat was also approved, creating a 3 -lot residential plat with a variance to allow a lot without public street frontage. An access easement was approved to provide access off of Colonel Glenn Road to the lot. It is on this lot that the substation was approved. On February 20, 2007, the Board of Directors upheld the Commission's action, approving the plat and C.U.P. Objectors filed suit, seeking to overturn the City's action. That trial is pending. 3 May 22, 2008 ITEM NO.: E (Cont. FILE NO.: Z -7980-A Entergy has filed a revision to the previously approved conditional use permit. The utility proposes to take access from Lawson Road to the substation site, rather than from the access easement onto Colonel Glenn Road. That access easement, which was a part of the approved plat, will remain in place but will not be used by Entergy. The access road to Lawson will be constructed entirely within an existing Entergy transmission line right-of-way. Under the presently approved C.U.P., access to the substation would extend from Colonel Glenn Road, across Tract 1 of the 3 -lot subdivision and across an unnamed tributary of McHenry Creek. Taking access from Lawson Road will make use of the existing utility right-of-way easement. This proposed access will minimize the impact caused by access to the subdivided property and eliminate the need for channelization work to the unnamed tributary. Also, the substation has been reduced from a 3 -transformer bay structure to a 2 -bay structure and the northern fence line has been revised to allow for less visibility from the north. The site plan has been slightly modified to adjust to the boundary set by the court as a result of a boundary dispute. The substation will be enclosed by a 7 -foot tall chain link fence topped by 3 strands of barbed wire, for a total height of 8 feet. Two gates will provide access to the substation. An additional steel gate is proposed on the access drive itself, approximately 100 feet off of Lawson Road. A letter of approval has been provide by the Crystal Fire Protection District No. 24. Signage will include an aluminum sign with Entergy name, logo and substation name. The sign will be mounted on the south fence of the substation. Applicable warning signs will also be included. A letter from an engineer certifying sight -distance for the driveway onto Lawson Road has been provided to Public Works. The applicant is working with Pulaski County Staff to comply with applicable development requirements in the floodplain. To staffs knowledge, there are no outstanding issues. There is no bill of assurance for this acreage, preliminarily platted tract. STAFF RECOMMENDATION: Staff recommends approval of the revised C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. CI May 22, 2008 ITEM NO.: E (Cont. PLANNING COMMISSION ACTION: FILE NO.: Z -7980-A (FEBRUARY 28, 2008) Staff informed the Commission that the applicant submitted a letter to staff on February 27, 2008 requesting the application be deferred to the April 10, 2008 Agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 10, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (APRIL 10, 2008) The applicants were not present. There were no objectors present. Staff informed the Commission that, on April 2, 2008, the applicants had requested deferral of the item to the May 22, 2008 agenda. There was no further discussion. The item was placed on the consent agenda and deferred to the May 22, 2008 agenda. The vote was 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MAY 22, 2008) The applicant was present. There were several objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the "staff recommendation" above. James Jones of Entergy addressed the Commission. He showed a power -point presentation in which he gave a brief history of the project and described the proposed revision. He reviewed the need for a substation in the area and showed an aerial photograph of the area in question. Mr. Jones stated the nearest substation was located four miles to the east of this site and that substation was at or near capacity. He stated this proposed substation was going to be located under an existing Entergy transmission line. He stated relocating the access would result in not having to dredge the unnamed tributary for McHenry Creek. He stated the previously approved access easement would be used as a utility easement. Gary Brown, of 14220 Lawson Road, spoke in opposition. He stated the proposed substation would create flooding in the area. He also expressed concern about pollutants from the site. 5 May 22, 2008 ITEM NO.: E (Cont. FILE NO.: Z -7980-A Francis Jamell, of 14124 Col. Glenn Rd., spoke in opposition. He stated the originally approved C.U.P. was invalid because the wrong owners were indicated on the application. He made note of two past zoning related issues where the City had lost lawsuits because proper procedures had not been followed. Mr. Jamell stated the proposed substation would cause flooding in the area and the City would bear responsibility. He stated the City's past decisions on the issue had been capricious and arbitrary. Commissioner Meyer responded that the past decisions had been made only after much discussion and review and were not capricious. The subsequent discussion between Mr. Jamell and the Commission became very animated and the Chairman intervened to stop the discussion. Carolyn Jolley, of 14280 Col. Glenn Rd., spoke in opposition. She stated she had taken photographs of the property showing it to be flooded after recent rains. The photographs were not presented. Ms. Jolley stated the proposed substation had a larger footprint than the previously approved plan and would cause flooding of the neighbors' properties. James Jones responded that the footprint of the proposed substation was no larger than the prior approval. He stated Entergy would follow all rules and guidelines for development of the site to assure that no increase in flooding was caused. Commissioner Meyer asked Mr. Jones if Entergy considered other sites. Mr. Jones stated Entergy started out looking at five sites before determining this site to be best. He stated the site preferred by the neighbors would involve the construction of a mile of transmission line and the clear -cutting of a one hundred foot wide path for the transmission line. Commissioner Meyer asked if Entergy could be sued if it were determined that the substation caused flooding in the area. Mr. Jones responded that Entergy could be sued. Chairman Taylor asked why the substation was being reduced from three bays to two. Mr. Jones responded that it was an effort to reduce the substation's footprint and to reduce the impact of the development. He stated the facility would be constructed with one bay which would likely reach capacity in about seven years. At that point, the second bay would be added. In response to a question from Commissioner Williams, the engineer accompanying Mr. Jones from Entergy stated the footprint of the revised substation was slightly smaller than the previously approved plan. n. May 22, 2008 M NO.: E (Cont. FILE NO.: Z -7980-A In response to a question, Mike Hood of Public Works stated the developers would have to comply with Pulaski County regulations for construction in the floodplain. Commissioner Yates commented that the Commission was not approving a specific engineering plan for development of the site. He stated the issue was addition of access to Lawson Road. Other objectors arrived and turned in cards after the designated time for opposition to speak. The Chair allotted each person one minute to speak. Tammy McLain, of 14245 Col. Glenn Rd., stated she had concerns about flooding. Jeff Stephens, of 24 Ashwood Dr., spoke of his concerns for his parents' property. He asked how his parents could be assured that their property would be protected. Sue Ann Stephens, of 14075 Col. Glenn Rd., stated the property had been subdivided for single-family homes, not utility substation. She also voiced concerns about flooding. Roy Jolley, of 14300 Col. Glenn Rd., stated the proposed access Rd. would create a dam; causing flooding. He stated "the Planning Commission had been nothing but yes men for your rich Entergy friends." Commissioner Rector stated Entergy was required by law not to increase flooding and it was an engineering issue. Commissioner Yates stated the Commission's approval was subject to Entergy following all the laws related to development of the site, and it was not blanket approval to do anything they want. He stated the Commission was approving a change of access to a use that had already been approved. A motion was made to approve the application as presented, including all staff recommendations and conditions. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 7 May 22, 2008 ITEM NO.: E FILE NO.: Z -7980-A NAME: Entergy Substation — Revised Conditional Use Permit LOCATION: 14250 Colonel Glenn Road OWNER/APPLICANT: Mintons, Koban, Young/Entergy PROPOSAL: A conditional use permit is requested to allow for revision of a previously approved C.U.P. to allow a utility substation on this R-2 zoned property. 2. 3. 9 SITE LOCATION: The site is located on the south side of Colonel Glenn Road; west of Cooper Orbit Road. The property is located outside of the city limits but within the City's zoning jurisdiction. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area characterized primarily by single-family residences on large tracts and large areas of undeveloped properties. The substation was approved by the Commission on May 11, 2005 and subsequently approved by the Board of Directors on February 20, 2007. Relocating the access drive to the south, within the existing Entergy transmission line right-of-way will not affect the substation's compatibility with the area in a negative manner. All owners of properties located within 200 feet of the site and all residents within 300 feet who could be identified were notified of this request. ON SITE DRIVES AND PARKING: The substation access drive will include a 15 -foot concrete apron at the intersection with Lawson Road. From the concrete apron, approximately 85 feet of the access drive will be paved with asphalt. The remainder of the access drive and the area within the substation will be surfaced with gravel. Parking area is available for service vehicles. SCREENING AND BUFFERS: Site must be developed to comply with the City's landscape and buffer ordinance. May 22, 2008 ITEM NO.: E (Cont.) FILE NO:: Z -7980-A Buffer and screening are required where the site is adjacent to residentially zoned or used property. Screening may be either a solid fence or wall or dense evergreen plants. 5. PUBLIC WORKS COMMENTS: 1.: Plat Requirements a. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to fifty-five (55) feet from centerline will be required. b. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5 -foot sidewalks with planned development. 2. The property appears to be within the 100 -year floodplain and is beyond the City Limits. Contact Pulaski County Planning Department pertaining to development requirements in the floodplain. 3. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection of Lawson Road and the access easement complies with 2004'AASHTO Green Book standards. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Approved as submitted. Located outside Little Rock City Limits. Provide approval and comment from local Volunteer Fire Department. County Planning: Access from Lawson Road appears to be located in the Floodway and Floodplain. No fill allowed in the floodplain without a 2 May 22, 2008 ITEM NO.. E(Cont.). FILE NO.: Z -7980-A development permit from the County. No fill allowed in the floodway without a no rise certificate or no adverse impact. Contact Pulaski County Planning. CATA: Outside service areas. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008) The applicants were present. Staff presented the item and noted there were some issues that needed to be addressed. In response to a question from staff, the applicant stated the proposed new access road was located entirely within an existing utility right-of-way easement. Staff asked if the new driveway would be paved. The applicants were asked to locate and describe any fencing and gates and to label areas to be cleared and to be left wooded. The applicants were asked to provide a statement from the local volunteer fire department indicating that the proposed new access was acceptable and sufficient to provide access to the site. In response to questions, the applicants stated the driveway was relocated to avoid a tributary that crosses the site. They stated more trees could be preserved on the north perimeter, reducing visibility of the site. Public Works, Landscape, Utility and County Comments were discussed. Pulaski County Planning Director Van McClendon was present and spoke about flood plainlfloodway concerns. The applicants were advised to address those issues and provide responses to staff. In response to a question, the applicants stated the lots had not been final platted, due to an ongoing lawsuit, which objectors had filed over the City's approval of the plat and C.U.P. The applicants were advised to respond to staff issues by February 13, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On May 1.1, 2006, the Planning Commission approved a conditional use permit to allow construction of an Entergy Utility Substation on this R-2 zoned tract. A preliminary plat was also approved, creating a 3 -lot residential plat with a variance to allow a lot without public street frontage. An access easement was approved to provide access off of Colonel Glenn Road to the lot. It is on this lot that the substation was approved. On February 20, 2007, the Board of Directors upheld the Commission's action, approving the plat and C.U.P. Objectors filed suit, seeking to overturn the City's action. That trial is pending. K3 May 22, 2008 ITEM No.: E Cont. FILE NQ.: Z -7980-A Entergy has filed a revision to the previously approved conditional use permit. The utility proposes to take access from Lawson Road to the substation site, rather than from the access easement onto Colonel Glenn Road. That access easement, which was a part of the approved plat, will remain in place but will not be used by Entergy. The access road to Lawson will be constructed entirely within an existing Entergy transmission line right-of-way. Under the presently approved C.U.P., access to the substation would extend from Colonel Glenn Road, across Tract 1 of the 3 -lot subdivision and across an unnamed tributary of McHenry Creek. Taking access from Lawson Road will make use of the existing utility right-of-way easement. This proposed access will minimize the impact caused by access to the subdivided property and eliminate the need for channelization work to the unnamed tributary. Also, the substation has been reduced from a 3 -transformer bay structure to a 2 -bay structure and the northern fence line has been revised to allow for less visibility from the north. The site plan has been slightly modified to adjust to the boundary set by the court as a result of a boundary dispute. The substation will be enclosed by a 7 -foot tall chain link fence topped by 3 strands of barbed wire, for a total height of 8 feet. Two gates will provide access to the substation. An additional steel gate is proposed on the access drive itself, approximately 100 feet off of Lawson Road. A letter of approval has been provide by the Crystal Fire Protection District No. 24. Signage will include an aluminum sign with Entergy name, logo and substation name. The sign will be mounted on the'south fence of the substation. Applicable warning signs will also be included. A letter from an engineer certifying sight -distance for the driveway onto Lawson Road has been provided to Public Works. The applicant is working with Pulaski County Staff to comply with applicable development requirements in the floodplain. To staff's knowledge, there are no outstanding issues. There is no bill of assurance for this acreage, preliminarily platted tract. STAFF RECOMMENDATION: Staff recommends approval of the revised C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 0 May 22, 2008 ITEM NO.: E(Cont.)-FILE NO.: Z -7980-A PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008) Staff informed the Commission that the applicant submitted a letter to staff on February 27, 2008 requesting the application be deferred to the April 10, 2008 Agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 10, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (APRIL 10, 2008) The applicants were not present. There were no objectors present. Staff informed the Commission that, on April 2, 2008, the applicants had requested deferral of the item to the May 22, 2008 agenda. There was no further discussion. The item was placed on the consent agenda and deferred to the May*22, 2008 agenda. The vote was 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MAY 22, 2008) The applicant was present. There were several objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the "staff recommendation" above. James Jones of Entergy addressed the Commission. He showed a power -point presentation in which he gave a brief history of the project and described the proposed revision. He reviewed the need for a substation in the area and showed an aerial photograph of the area in question. Mr: Jones stated the nearest substation was located four miles to the east of this site and that substation was at or near capacity. He stated this proposed substation was going to be located under an existing Entergy transmission line. He stated relocating the access would result in not having to dredge the unnamed tributary for McHenry Creek. He stated the previously approved access easement would be used as a utility easement. Gary Brown, of 14220 Lawson Road, spoke in opposition. He stated the proposed substation would create flooding in the area. He also expressed concern about pollutants from the site. E May 22, 2008 ITEM NO.: E Cont.) FILE NO.: Z -7980-A Francis Jamell, of 14124 Col. Glenn Rd., spoke in opposition. He stated the originally approved C.U.P. was invalid because the wrong owners were indicated on the application. He made note of two past zoning related issues where the City had lost lawsuits because proper procedures had not been followed. Mr. Jamell stated the proposed substation would cause flooding in the area and the City would bear responsibility. He stated the City's past decisions on the issue had been capricious and arbitrary. Commissioner Meyer responded that the past decisions had been made only after much discussion and review and were not.capricious. The subsequent discussion between Mr. Jamell and the Commission became very animated and the Chairman intervened to stop the discussion. Carolyn Jolley, of 14280 Col. Glenn Rd., spoke in opposition. She stated she had taken photographs of the property showing it to be flooded after recent rains. The photographs were not presented. Ms. Jolley stated the proposed substation had a larger footprint than the previously approved plan and would cause flooding of the neighbors' properties. James Jones. responded that the footprint'of the proposed substation was no larger than the prior approval. He stated Entergy would follow all rules and guidelines for development of the site to assure that no increase in flooding was caused. Commissioner Meyer asked Mr. Jones if Entergy considered other sites. Mr. Jones stated Entergy started out looking at five sites before determining this site to be best. He stated the site preferred by the neighbors would involve the construction of a mile of transmission line and the clear -cutting of a one hundred foot wide path for the transmission line. Commissioner Meyer asked if Entergy could be sued if it were determined that the substation caused flooding in the area. Mr. Jones responded that Entergy could be sued. Chairman Taylor asked why the substation was being reduced from three bays to two. Mr. Jones responded that it was an effort to reduce the substation's footprint and to reduce the impact of the development. He stated the facility would be constructed with one bay which would likely reach capacity in about seven years. At that point, the second bay would be added. In response to a question from Commissioner Williams, the engineer accompanying Mr. Jones from Entergy stated the footprint of the revised substation was slightly smaller than the previously approved plan. D May 22, 2008 ITEM NO.: E Cont. FIDE NO.: Z -7980-A In response to a question, Mike Hood of Public Works stated the -developers would have to comply with Pulaski County regulations for construction in the floodplain. Commissioner Yates commented that the Commission was not approving a specific engineering plan for development of the site. He stated the issUe was addition of access to Lawson Road. Other objectors arrived and turned in cards after the designated time for opposition to speak. The Chair allotted each person one minute to speak. Tammy McLain, of 14245 Col. Glenn Rd., stated she had concerns about flooding. Jeff Stephens, of 24 Ashwood Dr., spoke of his concerns for his parents' property. He asked how his parents could be assured that their property would be protected. Sue Ann Stephens, of 14075 Col. Glenn Rd., stated the property had been subdivided for single-family homes, not utility substation. She also voiced concerns about flooding. Roy Jolley, of 14300 Col. Glenn Rd., stated the proposed access Rd. would create a dam, causing flooding. He stated "the Planning Commission had been nothing but yes men for your rich. Entergy friends." Commissioner Rector stated Entergy was required by law not to increase flooding and it was an engineering issue. Commissioner Yates stated the Commission's approval was subject to Entergy following all the laws related to development of the site, and it was not blanket approval to do anything they want. He stated the Commission was approving a change of access to a use that had already been approved. A motion was made to approve the application as presented, including all staff recommendations and conditions. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 7