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HomeMy WebLinkAboutZ-8045 Staff AnalysisMay 25, 2006 ITEM NO.: 10 FILE NO.: Z-8045 NAME: Little Rock Wastewater Utility Peak Flow Attenuation Facilities — Conditional Use Permit LOCATION: 1. North of Coleman Creek, East of Mabelvale Pike, South of West 34th, West of Anna Street 2. South of Fourche Creek, East of Patterson Road, North of Hoerner Road; West of Scott Hamilton. OWNER/APPLICANT: Various Owners/Little Rock Wastewater Utility PROPOSAL: A conditional use permit is requested to allow for development of peak flow attenuation facilities on these 1-2 and R-2 zoned tracts consisting of a pump station on one site and basins on one site. SITE LOCATION: The two sites are located as noted above. The pump station is to be on location No. 1 and the basins are to be on site No. 2. 2. COMPATIBILITY WITH NEIGHBORHOOD: The pump station site is located in an area of mixed zoning and uses; including industrial, commercial and residential. This facility will contain two buildings within a screened compound. The basin site is at the northern edge of the 65th Street industrial park, adjacent to the Fourche Creek floodway. The uses around the site include a variety of industrial users and the undeveloped Fourche Creek property. The basins are within a dike structure that is enclosed by screening and buffers. All owners of property within 200 feet of the sites and all residents within 300 feet who could be identified were notified of the proposal. The following Neighborhood Associations were notified: SWLRUP, Upper Baseline, Wakefield, Geyer Springs, South of Asher and Curran Conway. SWLRUP has submitted a letter of support. On May 11, 2006 the Upper Baseline Neighborhood Association voted unanimously to support the Scott Hamilton basin proposal. 3. ON SITE DRIVES AND PARKING: A single driveway off of W. 35th Street, east of Mabelvale Pike, will provide access to the pump station site. An asphalt -paved parking area will be located adjacent to the buildings on this site. A single driveway off of May 25, 2006 ITEM NO.: 10 (Cont.) FILE --- NO.: Z-8045 Scott Hamilton will provide access to the basin site. An asphalt paved parking area will be located adjacent to the office building and a gravel parking area will be utilized by trucks. 4. SCREENING AND BUFFERS: Site plan must comply with the City's landscape and buffer ordinance requirements. Protective orange fencing should be erected prior to any/all earthwork commencing. A small amount of building and interior landscaping will be required. If the fifty (50) foot undisturbed landscape buffer is to be along all four property lines please, delineate this with verbiage or graphically on the plan. An automatic irrigation system to water landscaped areas will be required. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on these sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS 1. At both locations, the properties are shown to be located in the 100 year floodplain. Provide the minimum finish floor elevation of 1 foot above the base flood elevation on plat and grading plans. 2. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction at both sites. 3. A grading permit in accordance with Section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction at both sites. 4. At both sites, if disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas K May 25, 2006 ITEM NO.: 10 (Cont.) FILE NO.: Z-8045 shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose at both sites. 6. At the Scott Hamilton site, the entrance drive shows to be in the floodway: Per Section 13-62(1), encroachments are prohibited including fill, new construction and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 7. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: No comments necessary. Entergy: No comments received. CenterPoint Energy: No comments received. Southwestern Bell: Approved as submitted. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Central Arkansas Water has a 12 -inch main paralleling Mabelvale Pike and a 24 -inch concrete main paralleling the railroad right-of-way. Fire Department: No comments received. County Planning: No Comments. CATA: No Comments. SUBDIVISION COMMITTEE COMMENT: (MAY 4, 2006) The applicants were present. Staff presented the item and noted there was little additional information needed. 3 May 25, 2006 ITEM NO.: 10 (Cont. FILE NO.: Staff noted the driveway at the Scott Hamilton site was in the floodway. The applicants responded that the driveway would be constructed to comply with all floodway regulations. Landscape comments were discussed. The applicants stated planting would be installed at the 35th Street site to enhance screening. In response to a question from staff, the applicants stated they had met with the Parks Department to address any concerns related to the Scott Hamilton site. The applicants stated they had met with Neighborhood Association representatives in the area around each site. The applicants were advised to respond to staff issues by May 10, 2006. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The Little Rock Wastewater Utility is requesting approval of a conditional use permit to allow for construction of peak flow attenuation facilities. The project consists of the following components: 1. Peak flow pump station facility on the two acre tract located north of Coleman Creek, east of Mabelvale Pike, south of W 34th Street, west of Anna Street. 2. Peak flow attenuation basin on a portion of the 40 acre tract located south of Fourche Creek, east of Patterson Road, north of Hoerner Road, west of Scott Hamilton. 3. Two diversion structures. 4. Approximately 15, 000 linear feet of forty-eight (48) inch force main. This project is an integral component of a Consent Administrative Order (CAO) with the Arkansas Department of Environmental Quality (ADEQ). The CAO, in part, requires adherence to the Sierra Club Settlement Agreement, which references the above project identified, with construction time period stipulations. The overall objective for this project is to reduce the number of sanitary sewer overflows (SSO's) and associated spill volumes that occur during rain events. SSQ's are a violation of Little Rock Wastewater Utiility's discharge permit, and can result in monetary fines levied by ADEQ. The pump station will not be unlike many of the other large pumping stations that currently exist within the City's sewage collection system. The primary difference will be that this pump station may only operate 12-15 times per year as wet weather dictates. Noise from the facility is not anticipated to be a concern due to the limited frequency of its operation and the fact that it will only operate during significant rainfall events. Lighting at the facility will be switched on manually for 0 May 25, 2006 ITEM NO.: 10 (Cont. FILE NO_: Z-8045 maintenance checks during operation or in the event that an emergency repair is necessary. The peak flow equalization basin does not plan to incorporate mechanical equipment which requires noise abatement. Lighting will be limited to the grit chamber/office area and will be switched on manually in the event of an after- hours mechanical concern. Odor is not typically a problem with this type of facility. This is due in part to the fact that the sewage temporarily stored in the basin is diluted by rainwater. The sewage will typically only be detained at the facility for seventy-two (72) hours, at a maximum, within the ultimate design flow condition. Little Rock Wastewater Utility is committed to clean the basin within twenty-four (24) hours after the drainback is complete. Landscaping of both sites will be in accordance to Chapter 15, Article IV of the City of Little Rock's Municipal Code. A minimum fifty (50) foot buffer will be maintained from the structures to the property line around both sites. The existing vegetation in the buffer zone will be undisturbed to the extent practical. Areas that must be disturbed during construction will be re-established. All open space will be maintained by the Little Rock Wastewater Utility. The pump station building structure finish floor elevation shall be located 1' — 0" above the base flood elevation. No flood proofing of structures is currently planned. Buffer areas shall be landscaped and irrigated in accordance with City of Little Rock requirements. Buffer areas shall be left in natural condition to the maximum extent possible on all property boundaries. Structures will be constructed of concrete masonry units with an eave height not exceeding eighteen (18) feet. The location of the force main is scheduled to border the property boundary east of Benny Craig Park, and not be within City of Little Rock park property. If successful easement negotiations cannot be reached with the property owner to the east, Little Rock Wastewater Utility will coordinate construction requirements with the Parks and Recreations Department. Entry drive at the basin site will be constructed at existing grade or below existing grade to negate encroachments within the floodway. Buffer areas shall be landscaped and irrigated in accordance with City of Little Rock requirements. 5 May 25, 2006 ITEM NO.: 10 (Cont.) FILE NO.: Z Buffer areas shall be left in natural condition to the maximum extent possible on all property boundaries. Structures will be constructed of concrete masonry units with an eave height not exceeding eighteen (18) feet. Staff is supportive of the requested conditional use permit. To staffs knowledge, there are no outstanding issues. There is no Bill of Assurance issue at either site. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (MAY 25, 2006) The applicants were present. There were two objectors and one supporter registered in attendance. A letter of support had been received from SWLR United for Progress and forwarded to the Commission. The Upper Baseline Neighborhood Association had voted unanimously to support the item. Staff presented the item and a recommendation of approval subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Hal Anderson of LRWU addressed the Commission and explained the reason for the project. He went through a PowerPoint presentation. A copy of that presentation has been placed in this zoning case file. Craig Johnson, a consultant on the project, continued the PowerPoint presentation. He stated two sites were initiall considered for the basins; this site and one on 60th Street. He stated the 60 Street site was rejected because it was in the floodway. He discussed the merits of the Scott Hamilton site. Mr. Anderson continued by discussing the operation of the basin site. Pat Rayburn who was present in support, stated she did not wish to speak. Don Darnell, of 7007 East Wakefield Drive, spoke in opposition. He questioned the creditability LRWU and a future treatment plant. He stated there were ecological concerns. A May 25, 2006 ITEM NO.: 10 (Cont. FILE NO.: Z-8045 Anna Templeton, president of the Geyer Springs Neighborhood Association, spoke in opposition. She stated there was a subcommittee of the association that had been working with LRWU on site selection for the attenuation basins. Ms. Templeton stated the Committee had not been included in the final decision process. She expressed concerns about odors that might be produced at the facility and its proximity to residences. Mr. Anderson responded by reiterating the need for the facility and stating again that the 60th Street site was in the floodway. In response to a question from Commissioner Meyer, Mr. Anderson stated there would not be an odor problem. He described the process of cleaning the basins after each use. In response to a question from Commissioner Laha, Vince Floriani of Public Works explained the difficulty of developing in the floodway as compared to the floodplain. Ms. Templeton reiterated her concern that the neighborhood committee had not been included in the final decision-making process. A motion was made to approve the C.U.P. subject to compliance with all staff comments and conditions. The motion was seconded and approved by a vote of 7 ayes, 0 noes and 4 absent. 7 FILE NO.: Z-8045 NAME: Little Rock Wastewater Utility Peak Flow Attenuation Facilities — Conditional Use Permit LOCATION: 1. North of Coleman Creek, East of Mabelvale Pike, South of West 34th, West of Anna Street 2. South of Fourche Creek, East of Patterson Road, North of Hoerner Road; West of Scott Hamilton. OWNER/APPLICANT: Various Owners/Little Rock Wastewater Utility PROPOSAL: A conditional use permit is requested to allow for development of peak flow attenuation facilities on these 1-2 and R-2 zoned tracts consisting of a pump station on one site and basins on one site. SITE LOCATION: The two sites are located as noted above. The pump station is to be on location No. 1 and the basins are to be on site No. 2. 2. COMPATIBILITY WITH NEIGHBORHOOD: The pump station site is located in an area of mixed zoning and uses; including industrial, commercial and residential. This facility will contain two buildings within a screened compound. The basin site is at the northern edge of the 65th Street industrial park, adjacent to the Fourche Creek floodway. The uses around the site include a variety of industrial users and the undeveloped Fourche Creek property. The basins are within a dike structure that is enclosed by screening and buffers. All owners of property within 200 feet of the sites and all residents within 300 feet who could be identified were notified of the proposal. The following Neighborhood Associations were notified: SWLRUP, Upper Baseline, Wakefield, Geyer Springs, South of Asher and Curran Conway. SWLRUP has submitted a letter of support. On May 11, 2006 the Upper Baseline Neighborhood Association voted unanimously to support the Scott Hamilton basin proposal. 3. ON SITE DRIVES AND PARKING: A single driveway off of W. 35th Street, east of Mabelvale Pike, will provide access to the pump station site. An asphalt -paved parking area will be located adjacent to the buildings on this site. A single driveway off of FILE NO.: Z-8045 (Cont. Scott Hamilton will provide access to the basin site. An asphalt paved parking area will be located adjacent to the office building and a gravel parking area will be utilized by trucks. 4. SCREENING AND BUFFERS: Site plan must comply with the City's landscape and buffer ordinance requirements. Protective orange fencing should be erected prior to any/all earthwork commencing. A small amount of building and interior landscaping will be required. If the fifty (50) foot undisturbed landscape buffer is to be along all four property lines please, delineate this with verbiage or graphically on the plan. An automatic irrigation system to water landscaped areas will be required. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on these sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. At both locations, the properties are shown to be located in the 100 year floodplain. Provide the minimum finish floor elevation of 1 foot above the base flood elevation on plat and grading plans. 2. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction at both sites. 3. A grading permit in accordance with Section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction at both sites. 4. At both sites, if disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose at both sites. it FILE NO.: Z-8045 (Cont. 6. At the Scott Hamilton site, the entrance drive shows to be in the floodway. Per Section 13-62(1), encroachments are prohibited including fill, new construction and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 7. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: No comments necessary. Entergy: No comments received. CenterPoint Energy: No comments received. Southwestern Bell: Approved as submitted. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Central Arkansas Water has a 12 -inch main paralleling Mabelvale Pike and a 24 -inch concrete main paralleling the railroad right-of-way. Fire Department: No comments received. County Planning: No Comments. CATA: No Comments. SUBDIVISION COMMITTEE COMMENT: (MAY 4, 2006) The applicants were present. Staff presented the item and noted there was little additional information needed. Staff noted the driveway at the Scott Hamilton site was in the floodway. The applicants responded that the driveway would be constructed to comply with all floodway regulations. 3 FILE NO.: Z-8045 (Cont. Landscape comments were discussed. The applicants stated planting would be installed at the 35th Street site to enhance screening. In response to a question from staff, the applicants stated they had met with the Parks Department to address any concerns related to the Scott Hamilton site. The applicants stated they had met with Neighborhood Association representatives in the area around each site. The applicants were advised to respond to staff issues by May 10, 2006. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The Little Rock Wastewater Utility is requesting approval of a conditional use permit to allow for construction of peak flow attenuation facilities. The project consists of the following components: 1. Peak flow pump station facility on the two acre tract located north of Coleman Creek, east of Mabelvale Pike, south of W 34th Street, west of Anna Street. 2. Peak flow attenuation basin on a portion of the 40 acre tract located south of Fourche Creek, east of Patterson Road, north of Hoerner Road, west of Scott Hamilton. 3. Two diversion structures. 4. Approximately 15, 000 linear feet of forty-eight (48) inch force main. This project is an integral component of a Consent Administrative Order (CAO) with the Arkansas Department of Environmental Quality (ADEQ). The CAO, in part, requires adherence to the Sierra Club Settlement Agreement, which references the above project identified, with construction time period stipulations. The overall objective for this project is to reduce the number of sanitary sewer overflows (SSO's) and associated spill volumes that occur during rain events. SSQ's are a violation of Little Rock Wastewater Utiility's discharge permit, and can result in monetary fines levied by ADEQ. The pump station will not be unlike many of the other large pumping stations that currently exist within the City's sewage collection system. The primary difference will be that this pump station may only operate 12-15 times per year as wet weather dictates. Noise from the facility is not anticipated to be a concern due to the limited frequency of its operation and the fact that it will only operate during significant rainfall events. Lighting at the facility will be switched on manually for maintenance checks during operation or in the event that an emergency repair is necessary. The peak flow equalization basin does not plan to incorporate mechanical equipment which requires noise abatement. Lighting will be limited to the grit n FILE NO.: Z-8045 (Cont. chamber/office area and will be switched on manually in the event of an after- hours mechanical concern. Odor is not typically a problem with this type of facility. This is due in part to the fact that the sewage temporarily stored in the basin is diluted by rainwater. The sewage will typically only be detained at the facility for seventy-two (72) hours, at a maximum, within the ultimate design flow condition. Little Rock Wastewater Utility is committed to clean the basin within twenty-four (24) hours after the drainback is complete. Landscaping of both sites will be in accordance to Chapter 15, Article IV of the City of Little Rock's Municipal Code. A minimum fifty (50) foot buffer will be maintained from the structures to the property line around both sites. The existing vegetation in the buffer zone will be undisturbed to the extent practical. Areas that must be disturbed during construction will be re-established. All open space will be maintained by the Little Rock Wastewater Utility. The pump station building structure finish floor elevation shall be located 1'— 0" above the base flood elevation. No flood proofing of structures is currently planned. Buffer areas shall be landscaped and irrigated in accordance with City of Little Rock requirements. Buffer areas shall be left in natural condition to the maximum extent possible on all property boundaries. Structures will be constructed of concrete masonry units with an eave height not exceeding eighteen (18) feet. The location of the force main is scheduled to border the property boundary east of Benny Craig Park, and not be within City of Little Rock park property. If successful easement negotiations cannot be reached with the property owner to the east, Little Rock Wastewater Utility will coordinate construction requirements with the Parks and Recreations Department. Entry drive at the basin site will be constructed at existing grade or below existing grade to negate encroachments within the floodway. Buffer areas shall be landscaped and irrigated in accordance with City of Little Rock requirements. Buffer areas shall be left in natural condition to the maximum extent possible on all property boundaries. Structures will be constructed of concrete masonry units with an eave height not exceeding eighteen (18) feet. 5 FILE NO.: Z-8045 (Cont. Staff is supportive of the requested conditional use permit. To staff's knowledge, there are no outstanding issues. There is no Bill of Assurance issue at either site. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (MAY 25, 2006) The applicants were present. There were two objectors and one supporter registered in attendance. A letter of support had been received from SWLR United for Progress and forwarded to the Commission. The Upper Baseline Neighborhood Association had voted unanimously to support the item. Staff presented the item and a recommendation of approval subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Hal Anderson of LRWU addressed the Commission and explained the reason for the project. He went through a PowerPoint presentation. A copy of that presentation has been placed in this zoning case file. Craig Johnson, a consultant on the project, continued the PowerPoint presentation. He stated two sites were initially considered for the basins; this site and one on 60th Street. He stated the 60th Street site was rejected because it was in the floodway. He discussed the merits of the Scott Hamilton site. Mr. Anderson continued by discussing the operation of the basin site. Pat Rayburn who was present in support, stated she did not wish to speak. Don Darnell, of 7007 East Wakefield Drive, spoke in opposition. He questioned the creditability LRWU and a future treatment plant. He stated there were ecological concerns. Anna Templeton, president of the Geyer Springs Neighborhood Association, spoke in opposition. She stated there was a subcommittee of the association that had been working with LRWU on site selection for the attenuation basins. Ms. Templeton stated the Committee had not been included in the final decision process. She expressed concerns about odors that might be produced at the facility and its proximity to residences. Mr. Anderson responded by reiterating the need for the facility and stating again that the 60th Street site was in the floodway. 0 FILE NO.: Z-8045 (Cont. In response to a question from Commissioner Meyer, Mr. Anderson stated there would not be an odor problem. He described the process of cleaning the basins after each use. In response to a question from Commissioner Laha, Vince Floriani of Public Works explained the difficulty of developing in the floodway as compared to the floodplain. Ms. Templeton reiterated her concern that the neighborhood committee had not been included in the final decision-making process. A motion was made to approve the C.U.P. subject to compliance with all staff comments and conditions. The motion was seconded and approved by a vote of 7 ayes, 0 noes and 4 absent. 7