HomeMy WebLinkAboutZ-8170-C Staff AnalysisFILE NO.: Z-8170-C
NAME: Mountain Valley Wastewater Treatment Plant —
Conditional Use Permit
LOCATION: 25616 Highway 10
OWNER/APPLICANT: LRG, LLC. /White-Daters
PROPOSAL: A conditional use permit is requested to allow for
development of a wastewater treatment plant on this
R-2 zoned, 1.7 acre tract.
1. SITE LOCATION:
The site is located outside of the city limits, within the City's zoning
jurisdiction. The site is located north and east of the intersection of
Highway 10 and Pleasant Grove Road, south of Nowlin Creek.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The overall area around the site is rural in nature; comprised primarily of
tracts of undeveloped land and single family residences on larger tracts of
R-2 and AF zoning properties. This wooded, 1.7 acre site is located some
660+ feet north of Pleasant Grove Road, adjacent to Nowlin Creek. The
applicant also owns the 36 acre tract adjacent to the west. The proposed
treatment plant appears to be located approximately 650 feet from the
nearest residence to the north, 550 feet from the nearest residence to the
south, 1,100 feet from the nearest residence to the east and 1,300 feet
from the nearest residence to the west. The treatment plan will be located
in the middle of the 1.7 acre tract with a wooded buffer being retained
around the perimeter.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Coalition of West LR Neighborhoods
and Citizens of West Pulaski County Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
No parking is required for the use other than space for service and
technicians to park within the treatment plant compound. This will be
provided. Access to the site will initially be via a proposed temporary all
weather gravel driveway off of Pleasant Grove Road. Permanent access
will be provided in conjunction with the platting of a future residential
subdivision adjacent to the site.
FILE NO.: Z-8170-C (Cont.)
4. SCREENING AND BUFFERS:
Site plan must comply with the City's minimal landscape and buffer
ordinance requirements.
A land use buffer six (6) percent of the average width / depth of the lot
will be required when an adjacent property has a dissimilar use of a more
restrictive nature. The property to the south and east is zoned AF and the
property to the north is zoned R2. As a component of all land use buffer
requirements, opaque screening, whether a fence or other device, a
minimum of six (6) feet in height shall be required upon the property line
side of the buffer. A minimum of seventy (70) percent of the land use
buffer shall be undisturbed. Easements cannot count toward fulfilling this
requirement.
The plantings, existing and proposed, shall be provided within the
landscape ordinance of the city, section 15-102.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
5. PUBLIC WORKS:
Pulaski County should be contacted about any flood plain/floodway issues.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: Outside service boundary — No comment.
Entergy: Entergy does not object to this proposal. A three phase
overhead electrical line already exists along the north side of Highway 10
and a single phase Overhead line already runs along the north side of
Pleasant Grove Road. Neither line appears to conflict with the proposal.
Caution should be used when working under or around power lines.
Contact Entergy in advance to discuss future service requirements, new
facilities locations and adjustments to existing facilities (if any) as this
project proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: All Central Arkansas Water requirements in
effect at the time of request for water service must be met.
4
FILE NO.: Z-8170-C (Cont.)
Please submit plans for water facilities to Central Arkansas Water for
review. Plan revisions may be required after additional review. Contact
Central Arkansas Water regarding procedures for installation of water
facilities. Approval of plans by Central Arkansas Water, the Arkansas
Department of Health Engineering Division and Little Rock Fire
Department is required.
This development will have minor impact on the existing water distribution
system. Proposed water facilities will be sized to provide adequate
pressure and fire protection.
Additional fire hydrant(s) will be required. Contact the Little Rock Fire
Department to obtain information regarding the required placement of the
hydrant(s) and contact Central Arkansas Water regarding procedures for
installation of the hydrant(s).
A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges.
Fire Department: Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is
located on a fire apparatus access road, the minimum road width shall be
26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
Loading
Maintain fire apparatus access road design as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved
fire apparatus access road with an asphalt, concrete or other approved
driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 — C105, in conjunction with Central
Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire
Marshal's Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue
3
FILE NO.: Z-8170-C (Cont.
501-918-3754). Number and Distribution of Fire Hydrants as per Table
C105.1.
Building Codes: Project is subject to full commercial plan review and
approval prior to issuance of a building permit. For information on
submittal requirements and the review process, contact a commercial
plans examiner:
Curtis Richey at 501.371.4724; criche Iittlerock. or or
Mark Alderfer at 501.371.4875; malderfer@littlerock.org.
County Planning:
4 and 6.) Show name and address of owner/developer.
5.) Show source of title.
7.) Show distance to two land corners and state plane coordinates for
said corners.
9.) Show engineers stamp and signature.
12.) Show boundary line dimensions and bearings for all portions of
property that are a part of the CUP application.
19.) Show on site plan the zoning for subject property.
20.) Provide development summary.
22.) Show source of water to site.
23.) Obtain Floodplain/Floodway development permit.
24.) Provide all approval documents from Arkansas Department of
Health and the Arkansas Department of Environmental Quality.
35.) Applicant is requesting a Conditional Use Permit from the City of
Little Rock to build a wastewater treatment facility in an R-2 zoned
area.
45.) Pay $33.00 Review fee.
Show basis of bearing on site plan.
Discharge point for treatment plant is within the floodway of Nowlin Creek.
Obtain the necessary floodplain development permits from Pulaski County
Public Works (501)-340-6800.
Provide permanent legal and physical access to this site as part of the
future subdivision development.
Staff Recommendation: Approval subject to compliance with staff
comments and the procurement of a CUP from the City of Little Rock-
0
FILE NO.: Z-8170-C (Cont.
Pulaski County Road and Bridge:
1. Obtain driveway permit for Pleasant Grove road connection. Call
Patricia Mackey with PCRB (501-340-6800)
Items needed for floodplain development approval
1. Creek crossing design for any culvert, bridge, or low water crossing (if
any are to be used)
2. Design for all structural components located within the flood pla in/floodway
such as roadbeds, levees, and building foundations. Density test are
required after placement of structural material showing that material meets
or exceeds design density
3. Estimate, in cubic yards, for amount fill to be brought into floodplain
4. Signed Pulaski County floodplain development application
5. Permit review fee of $25 plus one cent per cubic yard of fill to be
brought into the floodplain
6. Approved 404 permit from the Corps of Engineers for any work in the
wetlands
7. Approved ADEQ permit for any construction over 1 acre or any stream
crossing
8. All utilities must be located above the Base Flood Elevation or flood
proof
9. Scaled 1 % annual chance flood limits cannot be shown on plat
Rock Region METRO: No comments received.
SUBDIVISION COMMITTEE COMMENT: (JUNE 22, 2016)
The applicants were present. Staff presented the item and handed out copies of
information on the proposed treatment plant operation that had been provided by
the applicant. Staff also handed out a document outlining additional information
that staff needed on the proposed plant.
Vice -Chair Berry asked how long this type of system was expected to last and
who would maintain it. The applicants responded that these private systems
were located "all over" northwest Arkansas and two developments near Little
Rock (Alotian Golf Club and Waterview Estates) had such systems. They stated
this proposed system would be maintained by the same person who maintains
Alotian and Waterview.
5
FILE NO.: Z-8170-C Cont.)
The applicants stated they had Arkansas Health Department approval and would
provide a statement of such to staff.
Pulaski County and Other Agency Comments were noted.
The applicants were advised to submit responses to staff questions by June 29,
2016. The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS
The applicant is requesting approval of a conditional use permit to allow for
construction of a wastewater treatment plant on this wooded, 1.7 acre tract. The
treatment plant is proposed to serve a single family residential subdivision which
the applicant proposes to develop on the 36± acres adjacent to the west. The
37+ acre property is currently zoned PCD. The applicant will file a request to
revoke the PCD and to restore the underlying R-2 zoning.
The property was previously used as a golf driving range. In 2007, the property
was rezoned to PCD to allow a 6-lot development with a mixture of office and
commercial uses. In 2015, a PD-R request for a single family residential
development and a CUP for a wastewater treatment plant were filed. The
applicant withdrew both applications prior to Planning Commission.
This 1.7± acre site is currently wooded. It is located some 660+ feet off of
Pleasant Grove Road and is adjacent to Nowlin Creek. The treatment plant is
indicated as being located near the center of the site. An area within the site will
be cleared and filled to accommodate the treatment plant. A wooded buffer will
be retained around the perimeter of the site. The compound containing the
treatment plant will be enclosed with security fencing.
The proposed wastewater treatment plant (WWTP) has been approved by the
Arkansas Department of Health. The applicant has provided documentation from
the Arkansas Department of Environmental Quality establishing the discharge
limits for the WWTP. The applicant states that ADEQ has reviewed the WWTP
and indicated that a construction and discharge permit will be issued once the
City approves a conditional use permit.
The applicant has submitted the following description of the operation of the
WWTP:
In operation, all flow enters the first compartment of the ISAM where influent
solids are allowed to settle much like a primary clarifier. The first compartment is
a constant level basin with a baffled inlet and outlet. This basin helps with solids
removal. When a gallon enters the reactor a gallon overflows out an underflow
baffle to the next reactor which is the surge basin. This basin provides both
organic and hydraulic load equalization. Actived sludge bacteria is maintained in
FILE NO.: Z-8170-C
the surge basin to immediately react with incoming flow to initiate and accelerate
carbon and nitrogen reactions. From the surge basin, liquid is pumped to the
sequencing batch reactor (SBR) basin in one complete batch in several minutes,
thereby reducing the volume in the surge basin to allow additional equalization
storage capacity. The liquid from the surge basin is pumped to the SBR through
the jet aspirating nozzle assembly to provide the required oxygen in the SBR for
BOD and ammonia removal. A 100% stand by in place SBR feed/mix pump and
jet aspirating nozzle is included for redundancy. After the SBR is filled, aeration
and mixing continues as required until the surge tank has filled to a level to allow
another batch to be treated. Once this level is reached, the contents of the SBR
settle in a quiescent condition for a predetermined time with no new flow entering
the SBR. After the bacteria settle, the top approximately 25% of the SBR basin
which is well above the sludge blanket level in the SBR is decanted to the
chlorine contact tank through an air operated decanting device. As soon as
decanting starts, chlorine is fed into the chlorine contact tank. The contents of the
chlorine contact tank flow through a series of baffles to the overflow in the
chlorine contact tank to the final outfall. As soon as decanting is completed, the
cycle repeats.
Information submitted by the applicant indicates the basins or tanks are located
underground with minimal equipment and venting located above grade.
There are no blowers associated with the process which is the loudest part of a
WWTP. All oxygen comes from atmospheric air and is induced through a venturi
effect where air is pulled into a pipe. Noise is minimal. dB rating at 3' from the
aspirator opening is estimated at approximately 60 to 65 dB which is the typical
noise of a conversation from 3 to 5 feet away. The tank is completely covered so
the aspirating noise is further mitigated.
The WWTP will be managed by a licensed operator that is hired by the
developer. Once the project is built out, the property owners association will
take over the responsibility of hiring the operator. ADEQ will require a licensed
operator and monthly reports. The plan will always be under the management
of a licensed operator. This requirement will be incorporated into the Bill of
Assurance. Sewer fees will be collected from each property owner on a monthly
basis by either the POA or a Property Owners District.
STAFF RECOMMENDATION:
Staff is continuing to review the issue. Staffs recommendation is forthcoming.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
The applicants were present. There were many people present in opposition.
Approximately 30 a -mails of opposition had been received by staff and forwarded
7
FILE NO.: Z-8170-C (Cont
to the commissioners. Staff presented the item and read the following statement
and recommendation:
Staff has given a great deal of thought to this conditional use permit to allow a
private wastewater treatment plant adjacent to Nowlin Creek in the City's
Extraterritorial Zoning Jurisdiction. We met as staff on several occasions,
including one meeting with senior staff of the State of Arkansas Department of
Environmental Quality. We have taken into consideration the thoughts and
considerations expressed in the many a -mails and letters of concern and
opposition which we received and forwarded to the Commissioners.
The Code states the Planning Commission is to consider the appropriateness of
the proposed conditional use. The Commission is to conduct a detailed review of
the conditional use's compatibility with the area and the specific treatment of
screening, landscaping and other amenities provided to protect the integrity of
the neighborhood.
The commission is to use its discretion when determining the appropriateness of
the Conditional use development standards and review guidelines, including but
not limited to:
1. The proposed use is so designed, located and proposed to be operated
that the public health, safety and welfare will be protected.
2. The proposed land use is compatible with and will not adversely affect
other properties in the area where it is proposed to be located.
Staff believes that the proposed private wastewater treatment facility is not
compatible with the other properties in the area, staff believes the proposed use
will negatively impact other properties in the area. Based on discussions with
individuals at the state level who would ultimately be charged with monitoring the
WWTP, staff has concerns that the long-term public health, safety and welfare
may not be protected.
Additionally, staff does not support as a matter of policy, the addition of a large
scale, urban residential subdivision in this area. Approving the proposed WWTP
is the first step toward allowing the subdivision. Staff believes the proposed
111 lot subdivision which has been filed for the August 11 PC agenda is a classic
case of urban sprawl. The proposed development is located over 2 miles from
the City limits and is about 1/3 mile from the western edge of the City's
extraterritorial jurisdiction; essentially "leap -frogging" over two miles of rural
development and undeveloped lands to construct an urban residential
development. Such a development is better suited for construction within the city
limits or at the very least adjacent to the city limits where annexation is a
reasonable expectation.
Staff recommends denial of the requested CUP.
0
FILE NO.: Z-8170-C (Cont.
Attorney Philip Kaplan addressed the commission on behalf of the applicant. He
presented a map indicating the locations of other wastewater treatment plants
(WWTP) in west Pulaski County. He showed a copy of the Arkansas Department
of Health approval and the conditional approval from ADEQ. Mr. Kaplan showed
a map indicating the nearest residences being 550-1000 feet from the proposed
WWWT site. He said the WWTP site would be surrounded by trees and there
would be no odor and no sound. Mr. Kaplan stated an improvement district
would be formed to assure continued funding for maintenance of the WWTP.
Mr. Kaplan stated ADEQ was prepared to issue their final approval and was
only waiting on the city's approval of the CUP. He presented am aerial
photograph showing the proximity of the similar facilities at Alotian and
Waterview. Mr. Kaplan stated the discharge from the WWTP would be cleaner
than the run-off currently entering Nowlin Creek. He sated the amount of
discharge was 30,000 gal/day not 40,000. Mr. Kaplan stated the WWTP would
be monitored by ADEQ and maintenance would be provided by the same
operator who maintains the Alotian and Waterview WWTP's. Mr. Kaplan stated
the "elephant in the room" was opposition to development by residents of the
area who want the area to remain the same. He asked how the city could deny
the CUP when there are so many WWTP's in the county and general area.
Mr. Kaplan stated development has continued to move west and this area will
likely be annexed into the city at some point.
Dr. Harold Hedges, of 8201 Hood road, addressed the commission. He
presented a jar of water which he said had been taken from just below the
Alotian WWTP discharge point into Nowlin Creek. He showed a photograph
indicating an algae bloom at Alotian and described the possible ecological impact
of the WWTP on Nowlin Creek. He said Nowlin Creek was not a free -flowing
stream and another discharge into the creek was not needed.
Bruce Shackleford, an environmental engineer, addressed the commission. He
acknowledged there will likely be growth in the area but the questions was how
that growth occurred. He questioned the appropriateness of discharging into a
creek that is dry in the summer, Mr. Shackleford said these types of systems
work, in theory, but there are disadvantages, concerns and issues.
Drew Kelso, representing the Citizens of West Pulaski County and the Nowlin
Creek Neighborhood Association, addressed the commission. He said the
residents of the area were not against development, they just wanted good,
compatible development. He referenced a resolution passed by the Pulaski
County Quorum Court asking the city and its agencies to delay acting on any
proposed residential developments in the ETJ of a density such that a WWTP is
necessary. He commented that many of the WWTP's referenced by Mr. Kaplan
were for individual users, not similar in scope to this proposal. He listed reasons
not to approve the CUP; including the discharge flowing into the Little Maumelle
which flows through several parks, concerns about the cumulative effect of many
WWTP's, concerns about the plant failing, not a good history of ADEQ
enforcement when there are violations and inadequate mechanisms being in
9
FILE NO.: Z-8170-C (Cont.
place to insure continued maintenance if the state has to step in and take over.
Mr. Kelso said subdivision -owned and operated WWTP's are not appropriate.
Philip Kaplan responded that many of the issues raised by the opponents were
best addressed by the project engineers. He stated there would be an on -site
generator to assure continued power, the WWTP would be designed and
operated in compliance with applicable regulations and those agencies
responsible for these types of plants have approved this one. Mr. Kaplan said it
was likely that at some time in the future, Little Rock sewer will be out to this
point. He said he had not heard the opponents say this plant was bad, just that
other plants had failed.
Engineer Joe White addressed staff's concern with "leap -frogging" development.
He stated that was how Little Rock had grown in the past. Mr. White said
shutting this proposal down would stymie growth.
Engineer Doug Ford responded to the opponents' statement that the creek was
dry in the summer. He said ADEQ takes all that into consideration when
establishing discharge limits. He said this plant would have very little discharge
into Nowlin Creek.
Commissioner Laha said he felt the area residents were selfish in that they
moved out here and do not want others to come. He said he had designed and
built some of these same plants. Mr. Laha said the plants are monitored by
licensed operators and the state. He encouraged the developers to bring their
development out to SW Little Rock.
Commissioner Bubbus said there was an enforcement problem and the potential
risk to rivers and streams was too great.
Commissioner May commented that his comfort level with any private WWTP
was less that with a municipal plant.
After some brief comments among the commissioners regarding the cumulative
effect of WWTP's, a motion was made to approve the CUP with all staff
comments and conditions, except the recommendation of denial. The vote was
1 aye, 9 noes and 1 absent. The CUP was denied.
i[o]
July 14, 2016
ITEM NO.: 6
NAME:
LOCATION-
OWNER/APPLICANT
FILE NO.: Z-8170-C
Mountain Valley Wastewater Treatment Plant —
Conditional Use Permit
25616 Highway 10
LRG, LLC. /White-Daters
PROPOSAL: A conditional use permit is requested to allow for
development of a wastewater treatment plant on this
R-2 zoned, 1.7 acre tract.
SITE LOCATION:
The site is located outside of the city limits, within the City's zoning
jurisdiction. The site is located north and east of the intersection of
Highway 10 and Pleasant Grove Road, south of Nowlin Creek.
2. COMPATIBILITY WITH NEIGHBORHOOD. -
The overall area around the site is rural in nature; comprised primarily of
tracts of undeveloped land and single family residences on larger tracts of
R-2 and AF zoning properties. This wooded, 1.7 acre site is located some
660+ feet north of Pleasant Grove Road, adjacent to Nowlin Creek. The
applicant also owns the 36 acre tract adjacent to the west. The proposed
treatment plant appears to be located approximately 650 feet from the
nearest residence to the north, 550 feet from the nearest residence to the
south, 1,100 feet from the nearest residence to the east and 1,300 feet
from the nearest residence to the west. The treatment plan will be located
in the middle of the 1.7 acre tract with a wooded buffer being retained
around the perimeter.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Coalition of West LR Neighborhoods
and Citizens of West Pulaski County Neighborhood Associations.
3. ON SITE DRIVES AND PARKING -
No parking is required for the use other than space for service and
technicians to park within the treatment plant compound. This will be
provided. Access to the site will initially be via a proposed temporary all
weather gravel driveway off of Pleasant Grove Road. Permanent access
will be provided in conjunction with the platting of a future residential
subdivision adjacent to the site.
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
M
SCREENING AND BUFFERS:
Site plan must comply with the City's minimal landscape and buffer
ordinance requirements.
A land use buffer six (6) percent of the average width / depth of the lot
will be required when an adjacent property has a dissimilar use of a more
restrictive nature. The property to the south and east is zoned AF and the
property to the north is zoned R2. As a component of all land use buffer
requirements, opaque screening, whether a fence or other device, a
minimum of six (6) feet in height shall be required upon the property line
side of the buffer. A minimum of seventy (70) percent of the land use
buffer shall be undisturbed. Easements cannot count toward fulfilling this
requirement.
The plantings, existing and proposed, shall be provided within the
landscape ordinance of the city, section 15-102.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
5. PUBLIC WORKS:
Pulaski County should be contacted about any flood plain/floodway issues.
6. UTILITY. FIRE DEPT. AND CATA COMMENT
Little Rock Wastewater: Outside service boundary — No comment.
Entergy: Entergy does not object to this proposal. A three phase
overhead electrical line already exists along the north side of Highway 10
and a single phase Overhead line already runs along the north side of
Pleasant Grove Road. Neither line appears to conflict with the proposal.
Caution should be used when working under or around power lines.
Contact Entergy in advance to discuss future service requirements, new
facilities locations and adjustments to existing facilities (if any) as this
project proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
2
July 14, 2016
ITEM NO.: 6 (Cont.) _ FILE NO.: Z-8170-C
Central Arkansas Water: All Central Arkansas Water requirements in
effect at the time of request for water service must be met.
Please submit plans for water facilities to Central Arkansas Water for
review. Plan revisions may be required after additional review. Contact
Central Arkansas Water regarding procedures for installation of water
facilities. Approval of plans by Central Arkansas Water, the Arkansas
Department of Health Engineering Division and Little Rock Fire
Department is required.
This development will have minor impact on the existing water distribution
system. Proposed water facilities will be sized to provide adequate
pressure and fire protection.
Additional fire hydrant(s) will be required. Contact the Little Rock Fire
Department to obtain information regarding the required placement of the
hydrant(s) and contact Central Arkansas Water regarding procedures for
installation of the hydrant(s).
A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges.
Fire Department: Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is
located on a fire apparatus access road, the minimum road width shall be
26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
Loading
Maintain fire apparatus access road design as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved
fire apparatus access road with an asphalt, concrete or other approved
driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds.
3
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 — C105, in conjunction with Central
Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire
Marshal's Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue
501-918-3754). Number and Distribution of Fire Hydrants as per Table
C105.1.
Building Codes: Project is subject to full commercial plan review and
approval prior to issuance of a building permit. For information on
submittal requirements and the review process, contact a commercial
plans examiner:
Curtis Richey at 501.371.4724; criche Iittlerock. or or
Mark Alderfer at 501.371.4875, malderfer _littlerock.orq.
County Planning:
4 and 6.) Show name and address of owner/developer.
5.) Show source of title.
7.) Show distance to two land corners and state plane coordinates for
said corners.
9.) Show engineers stamp and signature.
12.) Show boundary line dimensions and bearings for all portions of
property that are a part of the CUP application.
19.) Show on site plan the zoning for subject property.
20.) Provide development summary.
22.) Show source of water to site.
23.) Obtain Floodplain/Floodway development permit.
24.) Provide all approval documents from Arkansas Department of
Health and the Arkansas Department of Environmental Quality.
35.) Applicant is requesting a Conditional Use Permit from the City of
Little Rock to build a wastewater treatment facility in an R-2 zoned
area.
45.) Pay $33.00 Review fee.
Show basis of bearing on site plan.
Discharge point for treatment plant is within the floodway of Nowlin Creek.
Obtain the necessary floodplain development permits from Pulaski County
Public Works (501)-340-6800.
0
July 14, 2016
ITEM NO.: 6 (Cont.
FILE NO.: Z-8170-C
Provide permanent legal and physical access to this site as part of the
future subdivision development.
Staff Recommendation: Approval subject to compliance with staff
comments and the procurement of a CUP from the City of Little Rock.
Pulaski County Road and Bridge:
1. Obtain driveway permit for Pleasant Grove road connection. Call
Patricia Mackey with PCRB (501-340-6800)
Items needed for floodplain development approval
1. Creek crossing design for any culvert, bridge, or low water crossing (if
any are to be used)
2. Design for all structural components located within the flood plain/floodway
such as roadbeds, levees, and building foundations. Density test are
required after placement of structural material showing that material meets
or exceeds design density
3. Estimate, in cubic yards, for amount fill to be brought into floodplain
4. Signed Pulaski County floodplain development application
5. Permit review fee of $25 plus one cent per cubic yard of fill to be
brought into the floodplain
6. Approved 404 permit from the Corps of Engineers for any work in the
wetlands
7. Approved ADEQ permit for any construction over 1 acre or any stream
crossing
8. All utilities must be located above the Base Flood Elevation or flood
proof
9. Scaled 1 % annual chance flood limits cannot be shown on plat
Rock Region METRO: No comments received.
SUBDIVISION COMMITTEE COMMENT: (JUNE 22, 2016)
The applicants were present. Staff presented the item and handed out copies of
information on the proposed treatment plant operation that had been provided by
the applicant. Staff also handed out a document outlining additional information
that staff needed on the proposed plant.
5
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
Vice -Chair Berry asked how long this type of system was expected to last and
who would maintain it. The applicants responded that these private systems
were located "all over" northwest Arkansas and two developments near Little
Rock (Alotian Golf Club and Waterview Estates) had such systems. They stated
this proposed system would be maintained by the same person who maintains
Alotian and Waterview.
The applicants stated they had Arkansas Health Department approval and would
provide a statement of such to staff.
Pulaski County and Other Agency Comments were noted.
The applicants were advised to submit responses to staff questions by June 29,
2016. The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for
construction of a wastewater treatment plant on this wooded, 1.7 acre tract. The
treatment plant is proposed to serve a single family residential subdivision which
the applicant proposes to develop on the 36± acres adjacent to the west. The
37+ acre property is currently zoned PCD. The applicant will file a request to
revoke the PCD and to restore the underlying R-2 zoning.
The property was previously used as a golf driving range. In 2007, the property
was rezoned to PCD to allow a 6-lot development with a mixture of office and
commercial uses. In 2015, a PD-R request for a single family residential
development and a CUP for a wastewater treatment plant were filed. The
applicant withdrew both applications prior to Planning Commission.
This 1.7± acre site is currently wooded. It is located some 660+ feet off of
Pleasant Grove Road and is adjacent to Nowlin Creek. The treatment plant is
indicated as being located near the center of the site. An area within the site will
be cleared and filled to accommodate the treatment plant. A wooded buffer will
be retained around the perimeter of the site. The compound containing the
treatment plant will be enclosed with security fencing.
The proposed wastewater treatment plant (WWTP) has been approved by the
Arkansas Department of Health. The applicant has provided documentation from
the Arkansas Department of Environmental Quality establishing the discharge
limits for the WWTP. The applicant states that ADEQ has reviewed the WWTP
and indicated that a construction and discharge permit will be issued once the
City approves a conditional use permit.
0
July 14, 2016
ITEM NO.: 6 (Cont_
FILE NO.: Z-8170-C
The applicant has submitted the following description of the operation of the
WWTP:
In operation, all flow enters the first compartment of the ISAM where influent
solids are allowed to settle much like a primary clarifier. The first compartment is
a constant level basin with a baffled inlet and outlet. This basin helps with solids
removal. When a gallon enters the reactor a gallon overflows out an underflow
baffle to the next reactor which is the surge basin. This basin provides both
organic and hydraulic load equalization. Actived sludge bacteria is maintained in
the surge basin to immediately react with incoming flow to initiate and accelerate
carbon and nitrogen reactions. From the surge basin, liquid is pumped to the
sequencing batch reactor (SBR) basin in one complete batch in several minutes,
thereby reducing the volume in the surge basin to allow additional equalization
storage capacity. The liquid from the surge basin is pumped to the SBR through
the jet aspirating nozzle assembly to provide the required oxygen in the SBR for
BOD and ammonia removal. A 100% stand by in place SBR feed/mix pump and
jet aspirating nozzle is included for redundancy. After the SBR is filled, aeration
and mixing continues as required until the surge tank has filled to a level to allow
another batch to be treated. Once this level is reached, the contents of the SBR
settle in a quiescent condition for a predetermined time with no new flow entering
the SBR. After the bacteria settle, the top approximately 25% of the SBR basin
which is well above the sludge blanket level in the SBR is decanted to the
chlorine contact tank through an air operated decanting device. As soon as
decanting starts, chlorine is fed into the chlorine contact tank. The contents of the
chlorine contact tank flow through a series of baffles to the overflow in the
chlorine contact tank to the final outfall. As soon as decanting is completed, the
cycle repeats.
Information submitted by the applicant indicates the basins or tanks are located
underground with minimal equipment and venting located above grade.
There are no blowers associated with the process which is the loudest part of a
WWTP. All oxygen comes from atmospheric air and is induced through a venturi
effect where air is pulled into a pipe. Noise is minimal. dB rating at 3' from the
aspirator opening is estimated at approximately 60 to 65 dB which is the typical
noise of a conversation from 3 to 5 feet away. The tank is completely covered so
the aspirating noise is further mitigated.
The WWTP will be managed by a licensed operator that is hired by the
developer. Once the project is built out, the property owners association will
take over the responsibility of hiring the operator. ADEQ will require a licensed
operator and monthly reports. The plan will always be under the management
of a licensed operator. This requirement will be incorporated into the Bill of
Assurance. Sewer fees will be collected from each property owner on a monthly
basis by either the POA or a Property Owners District.
7
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
STAFF RECOMMENDATION:
Staff is continuing to review the issue. Staffs recommendation is forthcoming.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
The applicants were present. There were many people present in opposition.
Approximately 30 a -mails of opposition had been received by staff and forwarded
to the commissioners. Staff presented the item and read the following statement
and recommendation:
Staff has given a great deal of thought to this conditional use permit to allow a
private wastewater treatment plant adjacent to Nowlin Creek in the City's
Extraterritorial Zoning Jurisdiction. We met as staff on several occasions,
including one meeting with senior staff of the State of Arkansas Department of
Environmental Quality. We have taken into consideration the thoughts and
considerations expressed in the many a -mails and letters of concern and
opposition which we received and forwarded to the Commissioners.
The Code states the Planning Commission is to consider the appropriateness of
the proposed conditional use. The Commission is to conduct a detailed review of
the conditional use's compatibility with the area and the specific treatment of
screening, landscaping and other amenities provided to protect the integrity of
the neighborhood.
The commission is to use its discretion when determining the appropriateness of
the Conditional use development standards and review guidelines, including but
not limited to:
1. The proposed use is so designed, located and proposed to be operated
that the public health, safety and welfare will be protected.
2. The proposed land use is compatible with and will not adversely affect
other properties in the area where it is proposed to be located.
Staff believes that the proposed private wastewater treatment facility is not
compatible with the other properties in the area, staff believes the proposed use
will negatively impact other properties in the area. Based on discussions with
individuals at the state level who would ultimately be charged with monitoring the
WWTP, staff has concerns that the long-term public health, safety and welfare
may not be protected.
Additionally, staff does not support as a matter of policy, the addition of a large
scale, urban residential subdivision in this area. Approving the proposed WWTP
is the first step toward allowing the subdivision. Staff believes the proposed
E
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
111 lot subdivision which has been filed for the August 11 PC agenda is a classic
case of urban sprawl. The proposed development is located over 2 miles from
the City limits and is about 1/3 mile from the western edge of the City's
extraterritorial jurisdiction; essentially "leap -frogging" over two miles of rural
development and undeveloped lands to construct an urban residential
development. Such a development is better suited for construction within the city
limits or at the very least adjacent to the city limits where annexation is a
reasonable expectation.
Staff recommends denial of the requested CUP.
Attorney Philip Kaplan addressed the commission on behalf of the applicant. He
presented a map indicating the locations of other wastewater treatment plants
(WWTP) in west Pulaski County. He showed a copy of the Arkansas Department
of Health approval and the conditional approval from ADEQ. Mr. Kaplan showed
a map indicating the nearest residences being 550-1000 feet from the proposed
WWWT site. He said the WWTP site would be surrounded by trees and there
would be no odor and no sound. Mr. Kaplan stated an improvement district
would be formed to assure continued funding for maintenance of the WWTP.
Mr. Kaplan stated ADEQ was prepared to issue their final approval and was
only waiting on the city's approval of the CUP. He presented am aerial
photograph showing the proximity of the similar facilities at Alotian and
Waterview. Mr. Kaplan stated the discharge from the WWTP would be cleaner
than the run-off currently entering Nowlin Creek. He sated the amount of
discharge was 30,000 gal/day not 40,000. Mr. Kaplan stated the WWTP would
be monitored by ADEQ and maintenance would be provided by the same
operator who maintains the Alotian and Waterview WWTP's. Mr. Kaplan stated
the "elephant in the room" was opposition to development by residents of the
area who want the area to remain the same. He asked how the city could deny
the CUP when there are so many WWTP's in the county and general area.
Mr. Kaplan stated development has continued to move west and this area will
likely be annexed into the city at some point.
Dr. Harold Hedges, of 8201 Hood road, addressed the commission. He
presented a jar of water which he said had been taken from just below the
Alotian WWTP discharge point into Nowlin Creek. He showed a photograph
indicating an algae bloom at Alotian and described the possible ecological impact
of the WWTP on Nowlin Creek. He said Nowlin Creek was not a free -flowing
stream and another discharge into the creek was not needed.
Bruce Shackleford, an environmental engineer, addressed the commission. He
acknowledged there will likely be growth in the area but the questions was how
that growth occurred. He questioned the appropriateness of discharging into a
creek that is dry in the summer, Mr. Shackleford said these types of systems
work, in theory, but there are disadvantages, concerns and issues.
we
July 14, 2016
ITEM NO.: 6 Cont. FILE NO.: Z-8170-C
Drew Kelso, representing the Citizens of West Pulaski County and the Nowlin
Creek Neighborhood Association, addressed the commission. He said the
residents of the area were not against development, they just wanted good,
compatible development. He referenced a resolution passed by the Pulaski
County Quorum Court asking the city and its agencies to delay acting on any
proposed residential developments in the ETJ of a density such that a WWTP is
necessary. He commented that many of the WWTP's referenced by Mr. Kaplan
were for individual users, not similar in scope to this proposal. He listed reasons
not to approve the CUP; including the discharge flowing into the Little Maumelle
which flows through several parks, concerns about the cumulative effect of many
WWTP's, concerns about the plant failing, not a good history of ADEQ
enforcement when there are violations and inadequate mechanisms being in
place to insure continued maintenance if the state has to step in and take over.
Mr. Kelso said subdivision -owned and operated WWTP's are not appropriate.
Philip Kaplan responded that many of the issues raised by the opponents were
best addressed by the project engineers. He stated there would be an on -site
generator to assure continued power, the WWTP would be designed and
operated in compliance with applicable regulations and those agencies
responsible for these types of plants have approved this one. Mr. Kaplan said it
was likely that at some time in the future, Little Rock sewer will be out to this
point. He said he had not heard the opponents say this plant was bad, just that
other plants had failed.
Engineer Joe White addressed staff's concern with "leap -frogging" development.
He stated that was how Little Rock had grown in the past. Mr. White said
shutting this proposal down would stymie growth.
Engineer Doug Ford responded to the opponents' statement that the creek was
dry in the summer. He said ADEQ takes all that into consideration when
establishing discharge limits. He said this plant would have very little discharge
into Nowlin Creek.
Commissioner Laha said he felt the area residents were selfish in that they
moved out here and do not want others to come. He said he had designed and
built some of these same plants. Mr. Laha said the plants are monitored by
licensed operators and the state. He encouraged the developers to bring their
development out to SW Little Rock.
Commissioner Bubbus said there was an enforcement problem and the potential
risk to rivers and streams was too great.
Commissioner May commented that his comfort level with any private WWTP
was less that with a municipal plant.
10
July 14, 2016
ITEM NO.. 6(Cont.) FILE NO.: Z-8170-C
After some brief comments among the commissioners regarding the cumulative
effect of WWTP's,.a motion was made to approve the CUP with all staff
comments and conditions, except the recommendation of denial. The vote was
aye, 9 noes and 1 absent. The CUP was denied.
11