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HomeMy WebLinkAboutZ-9042 Application 4work of nature and the wildlife. We currently own approximately 80 acres and because of our large investment in our home, we will be willing to spend large sums of money to protect our real estate investment. Thank you for your attention on this matter. Robert H Watkins Z James, Donna From: Mona White <monalouwhite@yahoo.com> Sent: Tuesday, September 15, 2015 7:17 PM To: James, Donna Subject: Trails Subdivision Ms. James, As a property owner in Western Pulaski County, I would like the City Planning Commission to know that I highly object to the proposed Trails development along Kanis Road. I object to: The high density of the lots and housing proposed. This high density development is not in character for the area and is more appropriate for city development and not suburban. The lack of green spaces and buffers available to make the development more aesthetically appealing. The Conditional Use Permit that will pave the way for the sewage treatment plant that will empty into Fletcher Creek and subsequently into the Little Maumelle. Fletcher Creek flows through my property. The unsatisfactory provision of how the sewage treatment plant will be maintained in the near and long term. To storm water runoff that will result from the clearcutting and construction on the ridge. The traffic and damage caused to Kanis Road and Fletcher Hollow during and after construction. I would greatly appreciate your consideration in turning down this proposed development in my back yard. Mona White 1001 Walnut Grove Road Little Rock, AR 72223 (501)821-2564 Fj James, Donna From: Amy Bailey <amybailey456@icloud.com> Sent: Tuesday, September 22, 2015 5:10 PM To: James, Donna Subject: Against the Trails development Dear Mrs James, Please do not allow the Trails development to be built in West Pulaski County. I am strongly opposed as this large development will harm, destroy our beautiful, natural landscape. This beauty has long been a special feature to this area as well as a protection to our wildlife. There are many reasons I am strongly opposed but another is the congestion problem that already exists in this area. My address is Chenal Downs and there are already traffic problems on small Kanis Road. We cannot handle this large development. Please do not allow the Trails to be built. Thank you - Amy Bailey Sent from my iPhone James, Donna From: Drew Kelso <drewkelso@sbcglobal.net> Sent: Tuesday, September 22, 2015 1:24 PM To: James, Donna Subject: Email in Oppositions of Proposed Traisl Subdivision Dear City Planning, We are opposed to the proposed Trails Subdivision in West Pulaski Co. The density of housing proposed is far too great for the character of the area. Six units per acre is far off the mark for West Pulaski County. We are opposed to the Conditional Use Permit. We do not need or want a sewage treatment plant on Fletcher Creek. Subdivision owned and operated sewage treatment plants are notorious for have ADEQ violations regardless of how they were constructed. We are opposed because of the probable damage and destruction to the roads, especially Kanis Road. The heavy equipment and earthmoving will be too much for the minor arterial. Thank you, Drew and Cecelia Kelso Gordon & Lisa Gondek September 23, 2015 Donna James Department of City Planning and Development 723 West Markham Street Little Rock, Arkansas 72201 Dear Ms. James: We are writing to voice our opposition to "The Trails" development which has been proposed for Kanis Road in Western Pulaski County. We purchased our property off of Burlingame Road in 1993 and built our home in 1994. Back then, we felt as though we were really out in the country, and we were. There were no developments to speak of and the average homes in our area were situated on 1-5 acre plots. A lot has changed in the last 20 years since we moved out west and most of it has been good. Greater access to goods and services has been a welcome change and we still love the area as it has grown. The increase in traffic is the only real downside as more and more people want to join us in Western Pulaski County. We recently have been studying "The Trails" development plan, as it will have a direct impact on our lifestyle. We have no objection to developments in our neighborhood that are in character with the area. The newest idcvc!nmm!­r3t -n Step �rart Fvr e.,m Plp is a la'rnn tract of 1-,nr and ::ll conta'- es. 0- the other hand, "The Trails" development will contain hundreds of homes on as little as .16 acre or 6 homes per acre. The development will have its own sewage processing facility since the lots are too small to support septic tanks. This treatment facility will have two detention ponds and will eventually empty onto the surrounding property and ground water and creeks. Has an Environmental Impact Study been performed on this project? Another consideration is the increase in traffic. During rush hours, there are hundreds of cars that are going east and west on the section of Kanis Road that connects with Rahling Road and Chenal Parkway. This two lane road is near capacity currently and we can only imagine what another 200+ cars per day will be like. The intersections of Stewart and Denny Roads with Kanis Road are already difficult to navigate safely. 19101 Hidden Hills Lane • Little Rock, Arkansas 72223 We understand the appeal of property development in Western Pulaski County and have to accept it as progress and inevitable. We are sure that there are a lot of people who want the kind of uncrowded spaces outside of the city that we have enjoyed for years. There has been dramatic growth of single family properties in our area over the last twenty years that we have owned our property. But, there has never been anything to compare with this project. If the developer was planning on building dozens of homes on this property and not hundreds, we would welcome the development. But, the concentration of so many people in such a small area is not the kind of progress that we can welcome. Building hundreds of homes on this property is not only totally out of character for the area, it is not a good idea. Thank you for your consideration. Gordon & Lisa Gondek 19101 Hidden Hills Lane Little Rock, Arkansas 72223 CHENAL DOWNS PROPERTY OWNERS ASSN., INC P.O. BOX 242602 LITTLE ROCK, AR 72223 September 21, 2015 City Planning and Development Attn: Donna James 723 West Markham Little Rock, AR 72201 Dear City Planning, The Chenal Downs POA Board of Directors is opposed to the Trails Development that is proposed just West of the Chenal Downs Subdivision. We object to the high density of the lots and housing proposed. This high density development is not in character for the area and is more appropriate for city development and not suburban. We object to the lack of green spaces and buffers available to make the development more aesthetically appealing. Most were omitted with the last plat revision. We object to the Conditional Use Permit that will pave the way for the sewage treatment plant that will empty into Fletcher Creek and subsequently into the Little Maumelle. We object to the unsatisfactory provision of how the sewage treatment plant will be maintained in the near and long term. We object to the storm water runoff that will result from the clearcutting and construction on the ridge. We object to the traffic and damage likely to be caused to Kanis Road and Fletcher Hollow during and after construction. Thank you, Chenal Downs POA Board CITIZENS OF WEST PULASKI COUNTY P.O. BOX 241130 LITTLE ROCK, ARKANSAS 72223 Little Rock City Planning and Development Attn: Donna James 723 West Markham Street Little Rock, AR 72201 Dear City Planning; 9/23/15 Citizens of West Pulaski County is a neighborhood association registered with the City of Little Rock. Our membership is 250+ residents in the Western part of Pulaski County. We oppose the Trails Development that has two applications coming before the Commission on October 8t". One application is for the platted development and the other is for a conditional use permit, both required to allow the construction of the high density neighborhood. Our organization's mission to preserve the character of Western Pulaski County. The Trails development, as proposed, is not consistent with the character of our area. We are not blindly opposed to all development. A proposed subdivision consistent with development in the past would be acceptable. However, the Trails proposes 266 lots on 154 acres, with most lots barely making the minimum R2 level of 7000 sq. ft. The Trails is 30 to 1 more dense than historical development in this area. This high density brings with it many problems: Traffic on minor arterial roads, destruction of wooded areas and wildlife habitat, damage to roads, stresses to the all -volunteer fire department, storm water runoff and erosion, and lastly the requirement for a sewage treatment plant. The sewage treatment plant required will have to be large to accommodate 266 new residences. Long term damage to Fletcher's Creek is an unknown. We request the commission to deny both the platted Trails subdivision and the Conditional Use Permit which would pave the way to the permitting process for a sewage treatment plant. Sincerely, The Citizens of West Pulaski Co. Steering Committee James, Donna From: David <davidsnowdensr@aol.com> Sent: Sunday, September 27, 2015 1:09 PM To: James, Donna Subject: Opposition to the proposed Trails Subdivision on Kanis Road 9/27/ 15 City Planning Commission Dear Commissioners, I am opposed to the planned Trails Subdivisions on Kanis Road. The subdivision as planned is not appropriate for the location . On all four sides of the proposed subdivision are large attractive homes or home sites that will be devaluated by this development. This proposed development will go a long way dictating how the future development of this area of the community will be done. As it stands now, this area of Kanis is one of the most attractive westerly corridors leaving the city . It, is up to the city planners to keep it that way if one has a true interest in the beautification of our city . The developer of the proposed Trail Subdivision knows how to do it differently as he has developed a successful attractive subdivision off of Burlingame Rd. known as Ferricliff that fits very well with the surrounding neighborhood. It seems to me the Trail Subdivision as proposed has the potential to devaluate other peoples property so one person might profit , pollute the waterway that runs through the community , build a sewer system with the potential smell that goes with them, and overall change the attractiveness of the whole community . It is my hope the city planners will not support this proposed development as planned . Sincerely, David Snowden, Sr. 72223 Cascade Creek i James, Donna From: Len's on SBC <len.griffin@sbcglobal.net> Sent: Saturday, September 26, 2015 4:54 PM To: James, Donna Cc: Jeremy.hutchinson@senate.ar.gov; adavis@newwatersystems.com Subject: Trail Subdivision Donna James Dept. of City Planning and Development, I write in opposition to the Trails subdivision currently proposed for development off of Kanis. Frankly, I can't believe the planning commission is even considering this subdivision. The proposed plan is an urban subdivision not a rural subdivision. The character of the surrounding area is rural with large acreage lots —this is "horse country". The proposed subdivision is high density and more suited for city development. There is no green space in this subdivision, just lot and houses squeezed in as tightly as possible. Again, very uncharacteristic for the area. The runoff from the area will be virtually uncontrollable since it is considerably above the roadway, erosion will be a problem, both during construction and after. The proposed sewage plant for the area is an insult to our intelligence. And the traffic increase will be impossible. You are considering taking one of the most beautiful drives in West Little Rock and turning it into a typical urban landscape. Why does the developer want to build in this area? Because of the beauty and peaceful nature of the large surrounding area houses.... quite in contrast to what he is proposing to build. Approval of this plan would be a travesty. I urge that you reject the conditional use permit and send a message that any development in the area will preserve the nature of this area. Len & Bev Griffin 40 Cliffdale Dr. Little Rock, AR 72223 James, Donna From: Finne, Kimberlee <FinneKimberleeL@uams.edu> Sent: Saturday, September 26, 2015 11:52 AM To: James, Donna Subject: The Trails in West Little Rock Hi Donna This is Kim Finne. It has been a long time since I seen you or Artie. I hope all is well with you too. Well I thought I would send you another email against Wayne Richie's subdivision project the Trails. Not sure if you remember that we can see the hill from our place and the creek in our back yard is a branch off of the creek. We enjoy the quiet surroundings, the green spaces and the moderate traffic that seems to increase daily. Kanis is already a busy narrow road that I would hate to see it get busier. I have seen the plans I really think that the size of the lots the density of the homes greatly impact the neighborhood. I understand there's going to be subdivisions in the area. But keeping it in the style that's already on here where acreage or green space between housing is the norm should be practice with any development in the area. The amount of excavation and changing of the landscape will definitely have an impact in the area. Noise control also be an issue. We can already hear big events that happens at Wildwood, which is over to ridges. So I can just imagine what it's going to be like to have 250 homes within sight on top of a hill. Those of us who have moved out to West Pulaski county did so for a certain type of lifestyle. This project has a very high potential to disrupt that lifestyle and may cause many of us to leave. I just asked to please pass on our disapproval of this project, at least in the current state, to those on the committee. Thanks Kimberlee Finne, PHR MBA SHRM-CP UAMS Senior Human Resources Director HR Information & Analytics 501-603-1303 West Pulaski Public Water Authority of Arkansas 2112 Live Oaks Drive Little, Rock, AR 72223 September 25, 2015 City of Little Rock City Planning and Development ATTN: Donna James 723 West Markham Little Rock, AR 72201 Subject: Proposed "Trails" Subdivision in Western Pulaski County Dear Ms. James: The West Pulaski Public Water Authority of the State of Arkansas (the Authority) appreciates this additional opportunity to comment on the subject proposed development. Please see our letter of September 2015 on an earlier version of the proposed development. The Authority is "political subdivision of the State of Arkansas" IAW Document No. 10409700002 filed with the Arkansas Secretary of State on 02/25/09, #Page: 27. The Authority has been working toward getting Central Arkansas Water service extended to western Pulaski County since 2009. We are "hopeful" that we will be able to start Phase I in late 2016 or early 2017. Phase 1 includes the area north of Colonel Glen along Burlingame to Kanis and west to Roberts Road. We believe that the proposed "Trails" Development threatens the community structure, hydraulic characteristics, economic basis, contamination, and other concepts upon which our Authority's Preliminary Engineering Report is based. The Authority is, therefore, concerned that the various governmental authorities, specifically, The City of Little Rock, Pulaski County, and Central Arkansas Water have not adequately coordinated the impact of the" Trails Subdivision" with the long range development of the western portions of the County. Ms. Donna James Page 2 of 2 September 25, 2015 These impacts include but are not limited to: • Discharge of treated wastewater, holding pond leakage, and concentrated suburban runoff into Fletcher Creek (a seasonally dry waterbody, i.e. 7Q10 < 1 cfs). The current residents along Burlingame south of the proposed development withdraw their potable water from private shallow wells. These wells are completed in fractured shale hydraulically downgradient of the proposed subdivision. Until/unless public water is available, these wells are vulnerable to contamination from sources north of Burlingame along and north of Kanis; • The increase in vehicular traffic east along Kanis Road connecting to Chenal Parkway, and/or northeast along Rahling Road and then east on Hwy 10, and/or west and north along Kanis and Ferndale Cutoff and then east on Hwy 10. For 300 homes one can estimate an additional 300- 600 vehicles per day. We know of no short term planning or funding for that increased volume of vehicles; • The rural cultural and scenic thoroughfare epitomized by the solitude and beauty of Fletcher's Hollow, a frequently used bicycle touring route; • The incompatibility of a concentrated suburban development with the existing rural nature of the western portion of the County, and • Fire and public safety protection, to our knowledge, not currently available nor planned to be provided by the City. This places additional financial and resource burdens on the Pulaski County Sheriff and West Pulaski County Volunteer Fire Department. Thank you for the opportunity to submit these additional comments. Sincerely, i r Robert E. Blanz, PhD, E. Chairman, West Pulaski Public Water Authority of Arkansas C; WPPWA Board of Directors September 30, 2015 Department of City Planning and Development Attn.: Donna James 723 West Markham Little Rock, AR 72201 RE: Trails Development Dear Ms. lames, As citizens of west Pulaski County, we have been monitoring the proposed plans by Mr. Wayne Richie for the building of a high density subdivision along the ridge on the south side of Kanis Road in the area known as Fletcher Hollow and the adjacent sewage treatment plant for quite some time. We wish to express our concerns and our strong objection to this project. We are both Little Rock natives. The Finne family purchased approximately 40 acres of property fronting the south side of Kanis Road west of Walnut Grove Road in the late 1960's. Five family homes, including ours now occupy this property. In 2000, it was discovered that Mr. Richie planned to bull doze the 1935 craftsman cottage located on the southwest corner of Kanis and Walnut Grove Roads. To avoid its demolition, Kimberley's father, Donald A. Finne Sr. purchased the home and moved it onto a portion of the Finne property. In the years hence, the cottage and 11 surrounding acres have been bequeathed to us from Mr. Finne's estate. In keeping with the high character, look and feel of the area, we have since restored the cottage and made it our home. Our first objection to this plan is that it calls for a substantially higher than typical density, requiring extensive reconfiguring of the existing ridge in order to build home sites and road beds. The ultimate effect of the virtual elimination of native vegetation due to clearcutting, grading and construction, compounded by the steep topography of the area will undoubtedly lead to excessive volumes of storm runoff and erosion. In addition, there will be added traffic and damage caused to Kanis Road and Fletcher Hollow during and after construction. We further object to the Conditional Use Permit that will allow Mr. Richie to solicit the ADEQ for a sewage treatment plant that will empty into Fletcher Creek and subsequently into the Little Maumelle River. Beyond the ramifications to the immediate area, many more areas downstream could potentially be effected. These include Camp Okatoma, Joseph T. Pfeifer Camp, Pinnacle Mountain State Park, Two Rivers Park and the neighborhoods of Chenal Valley, Cameronwood and The Ranch. Furthermore, the issue of how the proposed sewage treatment plant will be maintained in the near and long term has not been satisfactorily addressed. Progress is inevitable. The city will move further west at some point. We hope that the city will strive to ensure that the support systems for such an expansion are in place and in concert with the surrounding area before any independent party makes the potentially costly error of jumping the proverbial gun in the interest of personal financial gain. Respectfully, William A. Ramsey Kimberley Finne Ramsey 23405 Kanis Road Little Rock, AR 72223 James, Donna From: Mike Mitchell <mmitchell@mitchellblackstock.com> Sent: Wednesday, September 30, 2015 12:50 PM To: James, Donna Subject: The Trails Subdivision I strenuously oppose this application for many reasons. Mainly, it will destroy Fletcher's Hollow and Fletcher's Creek. The plan for the sewerage treatment plant alone is the basis for denial. The plan to drain the sewage residue into Fletcher's Creek is preposterous!!! Fletcher's Creek is a free flowing stream to Okotoma Camp, where there is a swimming hole for children. This application must be denied!!! Michael W. Mitchell Mitchell, Blackstock, Ivers, Sneddon & Marshall, PLLC 1010 West 3rd Street P.O. Box 1510 Little Rock, Arkansas 72203-1510 501-378-7870 - Office 501-375-1940 - Facsimile mmitchell@mitchellblackstock.co_m www.mitcheliblackstock.com MITCHELL * BLACKSTOCK Mitchell . Bfackstock • Ivers • Sneddon • Marshall • PLLC This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The information in this email is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by phone at 501-378-7870 and destroy the original message. Hrw arbor Environmental I Safety I Engineering September 28, 2015 Phillip Lewis, P.E. 2701 Kavanaugh, Suite 200 Little Rock, Arkansas 72205 RE: THE TRAILS SUBDIVISION ASSESSMENT OF PROPOSED WASTEWATER TREATMENT SYSTEM PULASKI COUNTY, ARKANSAS Dear Mr. Lewis, Thank you for the opportunity to assist with the design of the wastewater treatment system for the proposed `The Trails" subdivision to be located along Kanis Road, west of Little Rock, in Pulaski County, Arkansas. This letter serves as an assessment of the proposed wastewater treatment option. The wastewater from the residences is to be collected and transported to the wastewater treatment system using a septic tank effluent pumped (STEP) system. The STEP system requires a primary tank to be installed at each residence with a pump that will transport the liquid effluent to the wastewater treatment system. Solids will remain and decompose in the primary tanks at residences, as would be the case with a standard septic tank. The decomposed solids would be pumped out as necessary, which typically occurs between eight (8) and twelve (12) years. The effluent would be treated biologically in a recirculating filter system followed by disinfection and aeration. The recirculating filter system would be equal to or better than a two -stage Orenco AdvanTex treatment system. The system would be designed such that the first stage would treat the effluent at a rate of 25 gallons per square foot of filtration area or less, and the second polishing stage would treat the effluent at a rate of 75 gallons per square foot of filtration area or less. Either ultraviolet (UV) or tablet chlorination would be utilized for disinfection, and a final aeration process would provide for the necessary dissolved oxygen component. This system can be installed and/or operated in modular fashion. This will allow for the system to increase in treatment capacity as the wastewater flow increases. This is important because a wastewater treatment system designed and installed for "full build -out" flows that initially receives low wastewater volumes may not operate properly or meet permit limits. I have requested and received the following preliminary discharge limits from the NPDES permitting branch of the Arkansas Department of Environmental Quality (ADEQ) Water Division: 81 14 Canhell Road, Suile 350 1 Litlle Rock, AR 72227 1 Phone 01.663,8800 I Facsimile 501 .588.0123 www•,harborenv,com Phillip Lewis, P.E. September 28, 2015 Page 2 The Trails Subdivision, Pulaski County, Arkansas Assessment of Proposed Wastewater Treatment System Preliminary Limits for Discharge Parameter Monthly Average Daily Maximum Carbonaceous Biochemical Oxygen Demand (CBOD5) (Year-round) 10.0 m /L 15.0 mg/L Total Suspended Solids (TSS) (Year-round) 15.0 mg/L 22.5 mg/L Ammonia -Nitrogen (NH3-N) (April) 5.2 mg/L 5.2 mg/L (May - March) 5.2 mg/L 7.8 mg/L Dissolved Oxygen (DO) (May - October) 3.0 mg/L (Instantaneous Minimum) (November - April) 7.0 mg/L (Instantaneous Minimum) Fecal Coliform Bacteria (FCB) (April - September) 200 col/100mL 400 col/100ml- (October - March) 1000 col/100 mL 2000 col/100 mL pH _ Total Residual Chlorine (TRC) 6.0-9.0s.u. Report I have designed many of these systems, and I believe the proposed treatment technology is well suited for this application. The system as described in this letter, properly installed, operated, and maintained, will meet the proposed limits. If you have any questions with regards to this assessment, please let me know. Sincerely, Andrew Rike, P.E. Vice President, Engineering enclosure PETERS & ASSOCIATES LJ ENGINEERS, INC. October 2, 2015 Mr. Stephen R. Giles Attorney at Law Stephen R. Giles, P.A. 425 West Capitol Avenue Suite 3200 Little Rock, Arkansas 72201-3469 Re: P 1795 The Trails Preliminary Plat Pulaski County, Arkansas Mr. Giles: As you requested, I have reviewed the proposal by Mr. Wayne Richie (Unleashed Innovations, Inc.) for a 266-lot single-family residential subdivision on Kanis Road, Pulaski County, Arkansas. The property is located outside the Little Rock City limits, but is within the City's Extraterritorial Planning Jurisdiction. The individual lots, as proposed, range in size from 7,000 to 98,000 square feet. The subdivision is proposed to be served by a new street proposed to intersect Kanis Road at two locations. Other internal streets are also called for. Kanis Road in the vicinity is a rural two-lane roadway with lanes of approximately eleven feet width with no shoulders and open ditches for drainage. The posted speed limit is 45 miles per hour. Current traffic volume on this section of Kanis Road is approximately 2,000 vehicles per day (Arkansas State Highway and Transportation Department Traffic Volume Map for 2014 on Kanis Road to the east at Chenal Downs is 2,600 vehicles per day). The subdivision as proposed with 266 single-family lots can be expected to generate approximately 2,532 additional vehicles per day. AM peak hour volumes associated with the subdivision can be expected to be approximately 200 entering and exiting vehicles combined while PM peak hour volumes are estimated at 266 vehicles. The Trip Generation, an Informational Report, published by the Institute of Transportation Engineers (ITE) and The Trip Generation Manual by Trafficware, LLC (9th Edition), 2012, were utilized in calculating the magnitude of traffic volumes expected to be generated by the proposed subdivision. Projected vehicle trip generation data for the proposed subdivision are listed in Table 1 below. AM Peak Hour PM Peak Hour Average Daily Trips Adjacent Street Traffic Adjacent Street Traffic ITE Land Use Enter Exit Total Enter Exit Total Enter Exit Total 210 SFHOUSE 1 1266 1266 2532 50 150 200 168 98 266 266 Dwelling Units Table 1 — Vehicle Trip Generation The subdivision would generate traffic volume representing a 127 percent increase over the current traffic volume on Kanis Road; bringing the volume to approximately 4,532 vehicles per day. This volume would be on a roadway width more typical of a minor residential street (minor residential street is 24' minimum street width) which would be expected to have a service volume of approximately 400 vehicles per day. 5507 RANCH DRIVE - SUITE 205 LPPTLE ROCK, ARKANSAS 72223 (501) 868-3999 FAX: (501) 868-9710 Mr. Stephen R. Giles October 2, 2015 Page 2 24-Hour Traffic Volumes Kanis Road Existing vs. With 266-Lot Subdivision With 266-Lot 5,000 4,500 - — 4,000 - - 3,500 3, 000 2,500 — - Existing 2,000 - - - 'T 1,500 • - - -- - 1,000 500 0 The subdivision plat does not call for widening of Kanis Road (i.e., the existing I width would remain). This compares with the City of Little Rock Master Street Plan Alternative Design Standards for this section of Kanis Road which calls for 22' of pavement with 4' gravel shoulders. With the additional traffic that would use Kanis Road as a result of the development, the passage of vehicles in opposite directions could jeopardize safe vehicle movements in both directions. Additionally, Kanis Road is known to be a popular bike route. The projected increase in volume on this roadway could also jeopardize safe bike travel. No provision is proposed for pedestrians. The western intersection with Kanis Road of the proposed new street (Nature Trail) is located in a sharp horizontal curve of Kanis Road. The adequacy of intersection sight distance to both the left and right at the intersection should be examined to assure conformance with applicable design standards. Sincerely, PETERS & ASSOCIATES, ENGINEERS, INC. ��L Ernest J. Peters, P.E. President The Law Firm of Stephen R. Giles A Professional Association Telephone 425 West Capitol Avenue Facsimile (501) 687-0836 Suite 3200 (501) 374-5092 Little Rock, Arkansas 72201-3469 E-mail: sgiles@gileslaw.net September 30, 2015 Ms. Donna James Department of Planning and Development City of Little Rock 723 West Markham Little Rock, AR 72201 Re: "The Trails" Proposed Subdivision and Conditional Use Permit Dear Ms. James: I have been engaged to represent the Citizens of West Pulaski County ("CWPC"), a neighborhood organization comprised of landowners and residents ofproperty adjacent to or near the proposed single-family subdivision referenced above. We understand that the developer has requested the Planning Commission's approval of a preliminary plat and Conditional Use Permit ("CUP") to construct a package sewer treatment plant on this property that is proposed to collect and "treat" all of the effluent waste to be generated by this 266 lot subdivision. Please be advised that the CWPC is adamantly opposed to both of the pending applications to construct this development as proposed. These property owners express serious, relevant legitimate land -use based concerns and questions that need to be carefully considered by the Planning Commission prior to its vote on these two applications on your agenda for October 8, 2015. Their questions and concerns about the preliminary plat application are summarized as follows: 1. CLEARCUT/GRADING PLAN/EROSION CONTROL— CAN THEY TURN DIRT BEFORE THIS CITY OR COUNTY HAS REVIEWED ALL OF THE APPLICABLE PLANS FOR THIS DEVELOPMENT??? 2. STORMWATER RETENTION 3. STREET IMPROVEMENT— KANIS & WALNUT GROVE 4. TRAFFIC— ERNIE'S LETTER — SITE DISTANCE/TRAFFIC COUNTS INCREASE ON KANIS 5. COUNTY VS CITY APPLICABLE REGULATIONS — CLEARING, GRADING, 6. ENFORCEMENT— WHAT DOES CITY/COUNTY ENFORCE??? 7. HEALTH DEPARTMENT (SWIMMING HOLE DOWNSTREAM) 8. VARIANCE/WAIVERS — NOT REQUESTED OR NOT REQUIRED (Developer says Walnut Grove not built until Phase 7) 9. WATER PRESSURE/FIRE SUPPRESSION 10. FINANCIAL RESPONSIBILITY/ ASSURANCE OF COMPLETION OF PLAT AND SEWER PACKAGE PLANT 11. WHAT HAPPENS IF DEVELOPER FAILS TO COMPLETE OR MAINTAIN? WHO OR WHAT ENTITY WILL BE FINISHING OR CORRECTING VIOLATIONS OR DEFICIENCIES? The CUP for a package sewer treatment plant is especially troubling the CWPC. Apparently the CUP is on your upcoming agenda to be heard prior to your consideration of the preliminary plat. We respectfully request that your consideration of the application for CUP be given careful thought before your vote, with all due attention to the discretion this commission has in determining whether the sewer treatment facility is "compatible" with the surrounding property and area. We contend that it is absolutely NOT compatible. In support of our position, enclosed with this packet please find documents in support of our objections to the plat and the CUP. I draw your attention first to the material relevant to the violations and enforcement headaches of ADEQ in several other sewer treatment facilities in Arkansas. Sincerely, Stephen . Giles The Trails — PCRB Comments — 9/21/15 1. Provide letter and engineering certification for each new intersection stating that intersection will have a safe sight distance and meet AASHTO sight distance requirements. Pulaski County is especially concerned with western Kanis Road intersection. Pulaski County and the City of Little Rock will inspect intersections at the time base rock is complete. Pulaski County will not sign final plat if any of the intersections are unsafe 2. List panel number and floodway/floodplain designation on plat based on the July 6, 2015 maps 3. Lots in floodplain will require floodplain development permitting through Pulaski County before any development occurs on the lots. Finish -Floor elevations should be left off of final plat for these lots 4. Obtain road connection (driveway) permit from PCRB for Kanis Road connections after preliminary plat approval and before construction begins 5. Provide traffic control and signage plan for all work affecting Kanis Road. Plan must meet all AHTD, MUTCD, and ATSSA specifications and certified by the engineer 6. Intersection design must be approved by the City of Little Rock 7. Label property line/R-O-W radius at Kanis Road intersections 8. Provide complete set of building plans for all phases of construction 9. Delineate all drainage areas upstream of proposed development 10. Provide drainage profiles for all ditch flow lines and lines of culvert 11. Include all stormwater runoff calculations for all drainage areas, inlets, gutters, ditches, channels, culverts, junctions, and culvert outflows. Include bypass calculations for all curb inlets. 12. Provide PDF copy of building plans and plat to PCRB 13. Provide PCRB with base course proctor and subgrade proctor 14. Provide the geotechnical analysis of road subgrade and geotech building recommendations to PCRB for review. Geotech recommendation/approval needed at the time of road bed construction 15. Show all proposed drainage easements on plat and plans 16. Show all proposed utility easements on plat and plans 17. Provide easements, located outside of right-of-way, for all utilities other than drainage, water and sewer 18. Include maintenance agreement, in Bill of Assurance, indicating who is responsible for maintenance of all stormwater facilities that are located outside of the public R-O-W 19. Provide PCRB with copy of ADEQ stormwater approval 20. Provide letter of approval and permit from ADEQ and the Arkansas Heath Department for proposed sanitary sewer treatment plant 21. Provide sight distance profile for each intersection 22. Will need to dedicate 1/2 of the required 120' R-O-W along Walnut Grove 23. Maximum road grade shall be no more that 15% 24. Cul-de-sac at the end of Winter Trail does not have a full 40' radius turnaround 25. Surveyor's signature needed on certificate of preliminary surveying accuracy 26. Contour intervals should be no more than 4 feet 27. Road side drainage should be fully within road right-of-way 28. All drainage leaving roadway must be fully within drainage easements until drainage leaves property 29. All Kanis Road modifications and new road construction must meet all AASHTO/AHTD /CLR/PCRB requirements. 30. Pavement widths should be at least 27 feet for curb and gutter or 28 feet without curb and gutter 31. Label all road and right-of-way features 32. Provide signage plan for further review/comment 33. Provide plans for all proposed utilities located in the right-of-way for further review/comment 34. Provide erosion control plan for further review/comment 35. Provide complete set of drainage plans for further review/comment 36. Provide complete set of road construction plans (including complete plan profile, road cross sections, and typical cross sections) for all new road construction for further review/comment Extraterritorial Jurisdiction Boundary area (EJB): Zoning and planning issues ---City of Little Rock created extraterritorial planning areas to protect the City in areas that might one day be annexed. 1. Arbitrarily zoned these new EJB areas R2, which City Planning acknowledged may not have been appropriate for the area, but that is what was used in the City so that is what they used in the EJB. Now the City sticks to it like it was cast in stone. The R2 zoning is inconsistent with the written Land Use Plan and Future Land Use Categories. A lower density zoning was available, R1, and they chose not to use it. 2. The City provides ordinances to control development: clearcutting, excessive leveling and excavation to protect residents in the City which is R2, but do not provide the same protection to the EJB. See Land Alteration Ordinance. In the City, a much smaller development would require a traffic study; in the EJB it has not been required for the Trails. The City would require and excavation and grading plan is the subdivision was in the City, they do not require it in the EJB. The City says the Ordinances don't apply, but the City Planning document says they do. 3. Enforcement: The City will issue citations and/or warrants for zoning violations in the EJB but will not serve them because it is in the County; The County won't serve them because they were issued by the City. This leaves little protection for the residents of the EJB. 4. City Planning, apparently, may be able is issue a Conditional Use Permit in an R2 zoning in the EJB allowing a sewage treatment plant, that would not be allowed in the City nor would they want to annex it in the future. City Planning seems to say they only or at least most often only allow this sort of Conditional Use Permit in 12 zoning. BURLINGAME VALLEY District 21 Development Principals The majority of the Burlingame Valley district lies within the City's Planning Boundary, however a small area is beyond the City's jurisdiction. Only a very small area along Denny Road west of Kanis Road is within the City of Little Rock. —The plan reflects the desire of the area to maintain its rural residential setting. Land Use Residential: Residential Low Density (RL) is the only recommended residential development in the area, with the exception of a single small area of Residential Medium Density (RM) off Kanis Road near Ferndale Cutoff. With the steep slope and lack of sewer in the area the development pattern is expected to remain at densities of less than 5 units per acre. Commercial: The plan shows several areas of commercial development as Neighborhood Commercial (NC). These locations are at the following intersections: Kanis Road and Stewart Road, Colonel Glenn Road and Beauchamp Road, Colonel Glenn Road and Faulkner Road, and Kanis Road and Walnut Grove Road. It is anticipated that these roads will in time be the major roads in the area. A larger area of Commercial (C) is shown for Ferndale at the intersection of Kanis Road and Ferndale Cutoff Road. Agricultural: The map shows Agricultural (A) in three locations_ The large area is shown north of Ferndale along the Little Maumelle River and its tributary_ A second large area is shown along the north side of Colonel Glenn Road east of Jabo Lake Road. The third area is along the north side of Burlingame Road, just east of Walnut Grove Road. Parks/Open Space: A Park/Open Space (PK/OS) land use area covers the floodway of the Little Maumelle River and its tributaries. Public/Institutional: A large area of Public Institutional (PI) for a medical related use is shown at Lockert Lane north of Colonel Glenn Road. The Wildwood Performing Arts Center is located off Denny Road. 44 10 CF) O L (6 cn (� co O 4-0 O O a) a)cn 0)cc - J lL 70 •L cn C O •� CD Cfl "ca32 _ cuO N N N a)"" U Q cn C O J (6 0 E N a) u- a) V Y om o CCU Uw p 0 0 a)C: E> to 0 +-- ca m O N .X VJ o� o 0 () 0 0 0 O O� O U C O O :3 E0 co= HE O E N p cu �L N y-- 00a) co C -0 0 '� cn � c � cc w cn EU- LCo J p�'> U to a) Cc > ca ,�., o "C N O.SU— .> L ' co O O C Q. N UO U 7 E V�a)r-"awo (� p O F— ._ N�oa) Cc o p cu U Y cn co cn O -� C C U cc ±+ : cn E U N O o -a c) 2 O� - cu >. C cn -U () cn a) cc a) �J+ coW=� O cU Q o 4- pi -- .w to UIILE ROCK Print This Window This content is located at: htt.Q://Iittlerock.org/citydepartm--nts/planninganddevelopment/divisions/zoning-subdivision/zoning- definitions.aspx City Departments Zoning Definitions Zoning Classifications and Descriptions The City of Little Rock, with the exception of the State Ca ' of Zoning District is divided into the following thirty-seven (37) Zoning Districts: "R-1" Single -Family District For large lot single-family development with a minimum lot size of 15,000 square -feet. This District is the least utilized of the several single-family zones. "R-2" Single -Family District For conventional single-family development with a minimum lot size of 7,000 square -feet. This District is the predominant Single -Family District within the City of Little Rock, west of University Avenue and south of Asher Avenue. "R-3" Single -Family District For small lot single-family development with a minimum lot size of 5,000 square -feet. This District which permits duplexes as a conditional use is the predominant Single -Family District, north of Asher Avenue and east of University Avenue. "R-4" Two -Family District For the development of duplex dwellings with a minimum lot size of 7,000 square -feet. "R-4A" Low Density Residential District For the development of duplex dwellings with a minimum lot size of 5,000 square -feet. This District should be located in developed areas of the City with an environment suitable for moderate and medium density residential use. "MF-6" Multi -Family District For apartment development at a maximum of six dwelling units per acre. This District is used predominantly in the west and southwest portions of the City generally for upper income and condominium type development. I of 4 7/27/2015 10:20 AN Revised 03-2009 FUTURE LAND USE CATEGORIES Residential Residential Low Density- RL This category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Residential Medium Density — RM This category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi -family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. Residential High Density — RH This category accommodates residential development of more than twelve (12) dwelling units per acre. Mobile Home Park - MH This category accommodates an area specifically developed to accommodate mobile homes. Office Office - O The office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. Suburban Office - SO The suburban office category shall provide for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. Mixed Mixed Commercial and Industrial - MCI This category provides for a mixture of commercial and industrial uses to occur. Acceptable uses are commercial or mixed commercial and industrial. A Planned Zoning District is required if the use is mixed commercial and industrial. Mixed Office and Commercial - MOC This category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. Service Trades District - STD This category provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services to these businesses and to provide for uses with an office component. A Planned Zoning District is required for any development not wholly office. Mixed Use - MX This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. Mixed Use Urban - MXU This category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric cresting a 24-hour activity area. Revised 03-2009 Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. Industrial Light Industrial - LI This category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well -designed "park like" setting. Industrial - I The industrial category encompasses a wide variety of manufacturing, warehousing research and development, processing, and industry related office and service activities. Industrial development typically occurs on an individual tract basis rather than according to an overall development plan. Commercial Commercial - C The commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. Neighborhood Commercial - NC The neighborhood commercial category includes limited small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area. Other Agriculture - A It is the intent of this category to encourage the continuation of agricultural uses of the land. The agricultural classification also provides for a transition between rural areas and the urban fringe, where it would be appropriate to preserve existing rural land use, prior to annexation into the city. Mining - M The mining category provides for the extraction of various natural resources such as bauxite, sand, gravel, limestone, granite or other. Mining uses will include assurances that these resources be properly managed so as not to create a hazard, nuisance or the disfigurement or pollution of the land. Park/Open Space - PK/OS This category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. Public/Institutional - PI This category includes public and quasi -public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. Transition - T Transition is a land use plan designation that provides for an orderly transition between residential uses and other more intense uses. Transition was established to deal with areas which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low -density multi -family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. - CODE OF ORDINANCES Chapter 29 - STORMWATER MANAGEMENT AND DRAINAGE ARTICLE VI. - LAND ALTERATION REGULATIONS DIVISION 1. - GENERALLY D[TVISION 1. - Gnii - gALLY Sec. 29-166. - Penalty. Sec. 29-167. - Fjindins. Sec. 29-16& - Purpose. Sec. 29-169. - General re uirements. Sec. 29-170. -Violation, enforcement aadg2venalfles. Sec. 29-171. - Conflicts Sec. 29-172. - Hearina before 0anning commission. Secs. 29-173-29-185. - Reserved Sec. 29-166. - Penalty. Any person convicted of a violation of any of the provisions of this chapter shall be punished as provided in section 1-9. (Ord. No. 19,353, § 2, 7-19-05) Sec. 29-167. - Findings. The city has experienced development activity causing the displacement of large amounts of earth and tree cover. Significant problems resulting from such development include flooding, soil erosion and sedimentation, unstable slopes, and impaired quality of life. These problems are a concern because of their negative effects on the safety and general welfare of the community. (Ord. No. 19,353, § 2, 7-19-051 Sec. 29-168, - Purpose. The purposes of this chapter are to: (1) Prohibit the indiscriminate clearing of property. (2) Prevent excessive grading, clearing, filling, cutting or similar activities- (3) Substantially reduce flooding, erosion and sediment damage within the city. (5) Safeguard the safety and welfare of citizens. (6) Establish reasonable standards and procedures for development which. prevent potential flooding, erosion and sediment damage. (7) Prevent the pollution of streams, ponds and other watercourses by sediment. (8) Minimize the danger of flood loss and property loss due to unstable slopes- (9) Preserve natural vegetation which enhances the quality of life of the community. Little Rock, Arkansas, Code of Ordinances Page 1 - CODE OF ORDINANCES Chapter 29 - STORMWATER MANAGEMENT AND DRAINAGE ARTICLE VI. - LAND ALTERATION REGULATIONS DIVISION 1. - GENERALLY (10) To conceal hillside scars. (11) To preserve the contours of the natural landscape and land forms. (Ord. No. 19,353, § 2, 7-19-05) Sec. 29-169. - General requirements. Persons engaged in land alteration activities regulated by this chapter shall take measures to protect neighboring public and private properties from damage by such activities. The requirements of this chapter, however, are not intended to prevent the reasonable use of properties as permitted by cl�tauter 36 of this Code. (Ord. No. 19,353, § 2, 7-19-05) Sec. 29-170. - Violation, enforcement and penalties. (a) Violations of any provisions of this chapter shall be punishable as provided in section 1-9 of this Code, except that the continuing violation provisions of subsection 11=9(c) shall not apply unless: (1) An approved plan for correction of the violation(s) has not been implemented by the responsible party within the time specified in the plan, or (2) The responsible party fails to submit a required plan within the time specified. (b) The responsible party shall be liable for all fines levied and remedial action required under this chapter. Each tree removed or improperly preserved or any other activity proscribed by this chapter shall be a separate violation. Each violation shall be considered a separate offense. (c) Any person who engages in land alteration activities regulated by this chapter without obtaining a grading permit shall be required to restore the land to the maximum extent practicable to its original condition in accordance with section 29-196 (d) When a violation of this chapter is determined to exist, the city official shall issue written notice of violation to the responsible party. The notice shall specify those sections of this chapter which are determined to be violated and shall include the time and conditions under which the violation(s) shall be corrected. If it is determined that the restoration is not feasible due to imminent construction, (1) a citation may be issued and fines may be levied; (2) the site shall be graded to obtain positive drainage; and (3) the site shall be stabilized with vegetation and the addition of erosion controls. If the responsible party has been issued either a notice of violation or stop work order within the previous twelve-month period. the notice may require the violation(s) to be corrected within twenty- four (24) hours. (e) The responsible party shall have a maximum of ten (10) calendar days from the date of the written notice to appeal the finding of the violation(s) to the planning commission as provided in section 29- 172 (f) If the responsible party fails to comply with the written notice of violation the city official may issue a stop -work order and citation, as provided in section 29-10' and revoke all permits including the grading permit, building permit, and certificate of occupancy. Additionally, when the city official determines that trees to be protected are in the process of being removed or damaged or other emergencies exist, a stop work order to immediately cease and desist may be issued. (g) The permit applicant shall have on the project site at all times an agent who is a competent superintendent capable of reading and thoroughly understanding the plans, specifications and Little Rock, Arkansas, Code of Ordinances Page 2 - CODE OF ORDINANCES Chapter 29 - STORMWATER MANAGEMENT AND DRAINAGE ARTICLE VI. - LAND ALTERATION REGULATIONS DIVISION 1. -GENERALLY requirements for areas of tree protection for the type of work being performed. The superintendent shall have full authority to issue orders or direction to employees working on site, without delay and to promptly supply such materials, labor, equipment, tools, and incidentals as may be required to complete the work in a proper manner. If no superintendent is on site, the city official may issue the notice of violation and stop work order to the person conducting the violation. (h) Removal of trees with a diameter of six (6) inches or greater measured four and one-half (4.5) feet above the ground that have been removed without a grading permit or trees required in an approved plan that have been removed or which die shall be considered a violation. (i) If a land alteration activity causes damage to off -site property or water, the responsible party shall be required to mitigate the damage and install such additional erosion controls, as approved by the city official, to prevent further damage. Q) Damage to private or public property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. (Ord. NO. 19,353, § 2, 7-19-05) Sec. 29-171. - Conflicts. Where provisions of this chapter conflict with any other ordinance, regulation, or resolution of the city, the most stringent provision shall be enforced. The provisions of this chapter are considered minimum requirements. (Ord. No. 19,353, § 2, 7-19-05) Sec. 29-172. - Hearing before planning commission. Appeals of a notice of violation as provided for in subsection 29-170(e), a grading and drainage plan decision, or a restoration plan requirement as provided in section 29-196 shall be heard by the planning commission provided an appeal is filed by the applicant within ten 0 0) calendar days after the date of the notice of violation, fee(s) are paid, and proper public notice is given. Any hearing before the planning commission regarding such appeal will be conducted in the following manner. (a) The appellant shall submit an application and fee as provided in section 29-193 to the director of public works within the time limits provided for in subsection 29-170(e). The appellant shall provide (1) a cover letter that clearly sets forth the provisions of the article that are being appealed and (2) a copy of all pertinent graphic materials or correspondence. Appealable issues are as follows: For a notice of violation, appealable issues are the determination that a violation has occurred, the time frame for correcting the violation, and the corrective action to be required. 2. For a grading and drainage plan decision, appealable issues are the denial of a grading permit and the terms of a grading pernnit_ 3. For a restoration plan, appealable issues are any requirements of section 29-196 (b) Certified -mail notice of all appeals shall be given by the applicant to adjacent property owners, including those across a street or alley from the subject property, at least ten (10) days prior to the planning commission meeting at which the appeal is to be considered. At least three (3) business days prior to the hearing, the appellant shall provide proof of notice to the director of Little Rock, Arkansas, Code of Ordinances Page 3 - CODE OF ORDINANCES Chapter 29 - STORMWATER MANAGEMENT AND DRAINAGE ARTICLE VI. - LAND ALTERATION REGULATIONS DIVISION 1. - GENERALLY public works_ Failure to provide the required notice will cause the appeal to the planning commission to be dismissed, although minor irregularities in the giving of notice may be waived by the commission. (c) At the conclusion of questioning and statements, the chairman will call the appeal to a vote as follows: 1_ For an appeal of the finding of a violation, either to affirm or overturn the finding of violation; upon affirmation of a finding of violation, a citation may be issued to the appellant; 2. For an appeal of the time to correct the violation, either to affirm the time or determine a new time; 3. For an appeal of the corrective action, either to affirm, determine a new corrective action, or decide that a corrective action is not feasible. A finding that a corrective action is not feasible or appellant's refusal to comply with the commission's decision may result in a citation being issued to the appellant. 4. For an appeal of a grading and drainage plan decision, either affirm or overturn the decision to deny a grading permit, either affirm the permit term or establish a new permit term. 5. For an appeal of a restoration plan or plan provision, either to affirm, determine a new provision or provisions, or decide that restoration is not feasible_ A citation may be issued after finding that restoration is not feasible or upon appellant's refusal to fully comply with the restoration measures required by the planning commission. (d) Decisions by the commission shall be final and are not appealable to the city board of directors. (Ord. No. 19,353, § 2, 7-19-05) Secs. 29-173--29-185. - Reserved. Little Rock, Arkansas, Code of Ordinances Page 4 West Pulaski Public Water Authority of Arkansas 2112 Live Oaks Drive Little Rock, AR 72223 September 25, 2015 City of Little Rock City Planning and Development ATTN: Donna James 723 West Markham Little Rock, AR 72201 Subject: Proposed "Trails" Subdivision in Western Pulaski County Dear Ms. James: The West Pulaski Public Water Authority of the State of Arkansas (the Authority) appreciates this additional opportunity to comment on the subject proposed development. Please see our letter of September 2015 on an earlier version of the proposed development. The Authority is "political subdivision of the State of Arkansas" IAW Document No. 10409700002 filed with the Arkansas Secretary of State on 02/25/09, #Page: 27. The Authority has been working toward getting Central Arkansas Water service extended to western Pulaski County since 2009. We are "hopeful' that we will be able to start Phase I in late 2016 or early 2017. Phase 1 includes the area north of Colonel Glen along Burlingame to Kanis and west to Roberts Road. We believe that the proposed "Trails" Development threatens the community structure, hydraulic characteristics, economic basis, contamination, and other concepts upon which our Authority's Preliminary Engineering Report is based. The Authority is, therefore, concerned that the various governmental authorities, specifically, The City of Little Rock, Pulaski County, and Central Arkansas Water have not adequately coordinated the impact of the" Trails Subdivision" with the long range development of the western portions of the County. Ms. Donna James Page 2 of 2 September 25, 2015 These impacts include but are not limited to: ❑ Discharge of treated wastewater, holding pond leakage, and concentrated suburban runoff into Fletcher Creek (a seasonally dry waterbody, i.e. 7Q10 < 1 cfs). The current residents along Burlingame south of the proposed development withdraw their potable water from private shallow wells. These wells are completed in fractured shale hydraulically downgradient of the proposed subdivision. Until/unless public water is available, these wells are vulnerable to contamination from sources north of Burlingame along and north of Kanis; ❑ The increase in vehicular traffic east along Kanis Road connecting to Chenal Parkway, and/or northeast along Rahling Road and then east on Hwy 10, and/or west and north along Kanis and Ferndale Cutoff and then east on Hwy 10. For 300 homes one can estimate an additional 300- 600 vehicles per day. We know of no short term planning or funding for that increased volume of vehicles; ❑ The rural cultural and scenic thoroughfare epitomized by the solitude and beauty of Fletcher's Hollow, a frequently used bicycle touring route; ❑ The incompatibility of a concentrated suburban development with the existing rural nature of the western portion of the County, and ❑ Fire and public safety protection, to our knowledge, not currently available nor planned to be provided by the City. This places additional financial and resource burdens on the Pulaski County Sheriff and West Pulaski County Volunteer Fire Department. Thank you for the opportunity to submit these additional comments. Sincerely, Robert E. Blanz, PhD, P.E. Chairman, West Pulaski Public Water Authority of Arkansas C: WPPWA Board of Directors CHENAL DOWNS PROPERTY OWNERS ASSN., INC P.O. BOX 242602 LITTLE ROCK, AR 72223 September 21, 2015 City Planning and Development Attn: Donna James 723 West Markham Little Rock, AR 72201 Dear City Planning, The Chenal Downs POA Board of Directors is opposed to the Trails Development that is proposed just West of the Chenal Downs Subdivision. We object to the high density of the lots and housing proposed. This high density development is not in character for the area and is more appropriate for city development and not suburban. We object to the lack of green spaces and buffers available to make the development more aesthetically appealing. Most were omitted with the last plat revision. We object to the Conditional Use Permit that will pave the way for the sewage treatment plant that will empty into Fletcher Creek and subsequently into the Little Maumelle. We object to the unsatisfactory provision of how the sewage treatment plant will be maintained in the near and long term. We object to the storm water runoff that will result from the clearcutting and construction on the ridge. We object to the traffic and damage likely to be caused to Kanis Road and Fletcher Hollow during and after construction. Thank you, Chenal Downs POA Board Donna James, City Planning Office, 723 West Markham St., LR, AR 72201 We are Richard and Renee Bornemeier, residents of West Pulaski County in Chenal Downs. Chenal Downs is a subdivision adjacent to the proposed development by Wayne Richie called the Trails. Here are our following objections to the development of the Trails. 1. This project will obviously take a great deal of capital to develop. In addition to land prep there will be streets, curbs, gutters, drainage and utilities. plus a very expensive sewage treatment plant_ Without the proper financial resources and funding this project might fail. We have seen that in the not too distant past that real estate may not sell well. What if the developer loses interest in the project or runs out of money? A half -finished project would be worse than a completed one. 2. Many homeowners in the area are dependent on well water. With the storm drainage, done by clearing of the land, will cause unknown damage to the lower areas below the development and will certainly have an effect on the water aquafers that serve the area. These residents will have no alternative water supply. 3. We assume the Trails intends to use water supplied by Central Arkansas Water. The water pressure supplied to fire hydrants in the area have recently proved to be inadequate for fighting a house fire. A house on the same ridge in Chenal Downs, #12 Sellette Court, just burned to the ground and one of the reasons cited was poor water pressure on the fire hydrants. This development would contribute to an already bad situation. The West Pulaski Volunteer Fire Department should sign off on their ability to protect the Trails in case of residential fire. 4. The storm water runoff an any discharge from the sewage treatment plant, whether intentional or accidental will wind up in Fletcher Creek that winds through the valley along the entire development. Fletcher Creek runs into the Little Maumelle River just a few miles away. The Little Maumelle runs through the Pinnacle Mountain State Park and then to Two Rivers Park. Sediments and contamination of this watershed could have serious consequences. Neighboring Chenal Downs has a series of 5 catch basin lakes just to control the storm water runoff and sediment before dumping into the Fletcher Creek basi Please, for the reasons do not approve the development of the Trails. Richard and Renee Bornemeier, 11 Chenal Downs Blvd., LR, AR 72223 Trails Use plans and purpose issues: Please pay close attention to the narrative While the new detail narrative of the Trails subdivisions resubmitted plat to City Planning is not known, it should be published this week. In the current narrative the Trails is described as a natural setting with green spaces, wildlife, natural setting, walking paths and pavilions. This is also evident in the Trails engineer submittal letter of 8/31/2015. Now go look at the plat. Almost all green spaces have been removed and the walking paths pushed to the extreme downhill edges of the property. The four pavilions are present but almost unreachable by most residents and one is between the two sewage detention ponds. The pavilions and the walking paths are in the area that ADEQ was to steep to give them access for site review. With the excavation, leveling, paving and deforestation, any wildlife that was there will have moved long ago. The developer has used all the right words, but the plat and the words don't agree. In one meeting with the developers lawyer, the Trails was compared to the high end housing development near Hendrix college in Conway. The lawyer was very proud that he represente development. The City planning narrative and the draft bill of Assurance also talk about high quality building and materials. Recently, and for the first time ever, the developer used the words "to provide housing for middle class families" on Channel 11. Try and find evidence of that in the submissions to City Planning. €'HILLIP LEWIS ENGINEERING, INC. Structural/Civil Design 2701 K.ivonmigh Blvd, Suitc 20t1 Little Rock, Arkansas 72205 City of Little Rock August 31, 2015 Attn: Ms. Donna .fames Subdivision Administrator 723 West Markham Little Rock, Arkansas 72201 Re; Cover Letter detailing the Proposal, Purpose for New "The Trails" Subdivision located on Kanis Road, Little Rock, Arkansas Donna, We appreciate this opportunity to submit the letter requesting the City of Little Rock's consideration of the proposed new subdivision listed above otherwise known as "The Trails". PROPOSAL This project Is proposed with the following specific items associated with it, • This project lies in both the extraterritorial planning jurisdiction of the City of Little Rock as well as Pulaski County's full planning jurisdiction. It is located along and immediately * 266 total residential lots with the smallest being 7000 square feet "cottage" size lots. ■ 188 lots 000—15,000 square feet • 78 lots 15,000 — 98,000 square feet • The subdivision is divided into 6 Phases of development. The subdivision will contain a bike lane along "Nature Trail" between the two subdivision entrances for a length of approximately 1-114 miles. This will allow bikers to divert off of Kanis Road and enter the subdivision with a challenging ascent up the primary ridge in the subdivision and traverse along the ridge before descending down the other end of the ridge and back onto Kanis Road, • The subdivision will contain multiple internal "Greenways" coupled with walking trails. These Greenways provide internal natural areas that will allow the beauty and wildlife to be interwoven with the new housing areas. • The subdivision will contain Internal walking trails located In the Greenways throughout the entire subdivision. These trails will connect 4 pavilions located in these "Greenways". • The subdivision will contain over 14,800 lineal feet of roads constructed with full curb and gutter with a 5 feet wide sidewalk on at least one side of all roads (with the exception of the Ridge and will be served with trails in lieu of sidewalks). The roads of The Trails are actually designated with the Following 6 unique names — Nature Trail, Sunshine Trail, Winter Trail, Summer Trail, Twilight Trail, and Horizon Trail. = The roads/trails will be a minimum of 28 feet back to back on all roads with the exception of "Nature Trail". Ridge Trail will be constructed 33 feet back to back of curb to accomodate 2 bike lanes. The roads will be constructed with 6 inches of compacted subgrade thickness overlain with 8 inches of compacted base course and topped with 2" minimum thickness of HMAC. The concrete curb and gutters along the sides of the roads will convey storm water to intermediate storm drain manholes and subsurface storm water piping. This piping will subsequently convey the majority of the storm water to a series of 2 detention ponds. ■ Two entrances/exits will provided and connected to Kanis Road on the eastern and western extents of the subdivision, These entrances/exits will be constructed with 150 feet long and 15 feet wide widened portions adjacent to the edge of pavement along Kanis Road. These entrances have been located to provide safe ingress and egress for the subdivision. Site distance studies will be conducted and provided for review during the design process for the subdivision. • Underground electrical service will be provided throughout the entire subdivision. • Water will be provided via connections to Central Arkansas Water (see attached water PHILLIP LEWIS ENGINF RING, INC. Strucwral/Civil Design 2701 Kavanaugh Blvd, Suite 200 Little Rock, ArkauSaS 722U.5 connection agreements). Natural gas will be provided throughout the subdivision. Wastewater will be collected via a combination of gravity collection sewer and tight line forced mains (as required) and conveyed to a packaged treatment plant located south of the larger of the 2 ponds described above: The plant will utilize the biological extended aeration principle of operation — a variation of the activated sludge process. The discharge of the plant will be released into the adjacent larger pond. The flow from the spillway of the larger pond. _will, ultimately discharge into Fletcher Creek to the west of the pond. Additionally, the plant will be recessed below grade for aesthetics and noise control. The wastewater treatment plant will be designed, permitted, and constructed in accordance with requirements of the Arkansas Department of Health and Arkansas Department of Environmental Quality (ADEQ). A large site Storm Water Pollution Prevention Plan will be developed for this site in accordance with the requirements of NPDES and ADEQ and submitted to ADEQ for review and approval. The plan will be implemented and strictly adhered to throughout the entire life of the construction process and detention maintained permanently upon completion of the construction. PURPOSE • The purpose of The Trails subdivision is to provide a unique residential housing experience that blends the beauty of nature and wildlife with high quality homes. Tile smaller cottage" lots are intended to form a sense of close neighborhood community in a beautiful setting, The walking trails provided throughout the Greenways mixed Integrally with the housing areas are intended to allow people "backdoor' access to the attributes of nature described above. • The 4 pavilions located in the Greenways along the internal trails listed above will provide gathering and rest areas for those utilizing the trails or just seeking a pleasant break with a view of nature, The bike lane provided along the beauty of the Nature Trail will invite the biking enthusiasts as well as recreational bikers a safe route off of Kanis Road. Again, i do appreciate the opportunity to present The Trails and look forward to working hand In nd with the City of Little Rock and Pulaski County in making this unique development a reality Incer+ely, _ - Philllp Lewis. P.E_ 6t01.350,9840 F. FU ENO.: Z-9041 July 16, 2015 SUBDIVISION ITEM NO.: G (Cont.) A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FILE NO.: Z-9041 The applicant is now requesting approval of a Planned Residential Development (PD-R) to allow the development of a single-family subdivision located outside the City limits of the City of Little Rock but within the City's Extraterritorial Planning Jurisdiction. The request includes 299 total residential lots with the smallest being 4,000 square feet "cottage" size lots. There are 74 "ridge" lots sized one-half acre and above. The 225 "cottage" lots are 4,000 square feet minimum up to 7,500 square feet. The subdivision is divided into six (6) phases of development. The subdivision will contain a bike lane along Ridge Trail between the two (2) subdivision entrances for a length of approximately 1 'A miles. This will allow bicyclis'st to divert from Kanis Road and enter the subdivision with a challenging ascent up the primary ridge in the subdivision and traverse along the ridge before descending down the other end of the ridge and back onto Kanis Road. The subdivision will contain five (5) internal greenways. These greenways provide internal natural areas that will allow the beauty and wildlife to be interwoven with the new housing area. The subdivision will contain internal walking trails located in the greenways throughout the entire subdivision. These trails will connect three (3) pavilions located in the greenways. The Trails Subdivision will include four (4) specific areas, the Ridge, the Summit, Nature View and Evening Shade. The subdivision will contain over 13,000 lineal feet of roads constructed with full curb and gutter with a five (5) foot wide sidewalk on at least one side of all roads. The roads/trails will be a minimum of 28-feet back to back on all roads with the exception of Ridge Trail". Ridge Trail will be constructed 33 feet back to back of curb to accommodate a 5 foot wide bike lane. Two (2) entrances/exits will be provided and connected to Kanis Road on the eastern and western extents of the subdivision. These entrances/exits will be constructed with 150 foot long and 15 foot wide widened portions adjacent to the edge of pavement along Kanis Road. These entrances have been located to provide safe ingress and egress for the subdivision. Site distance studies will be conducted and rovide iew during the design process of the subdivision. Underground electrical service will be provide throug out t e entire subdivision. Water will be provided via connections to Central Arkansas Water. Natural gas will be provided throughout the subdivision. Wastewater will be collected via a combination of gravity collection sewer and tight line forced mains and conveyed to a package treatment plant located south of the larger of two (2) proposed ponds. The plant will utilize the biological extended aeration principle of operation, a variation of the activated sludge process. The discharge of the plant will be released into the adjacent larger 2 July 16, 2015 SUBDIVISION ITEM NO.: G Cont_ FILE NO.: Z-9041 Fletcher a the we ond. Additionally the plant will be recessed elow grade for aesthetics and noise control_ The wastewater treatment plant will be designed, permitted and constructed in accordance with the requirements of the Arkansas Department of Environmental Quality (ADEQ). A Ike site stormwater pollution prevention I iff b evel d f r this site in accordance 'With the requirement of NPDES and ADEQ and u mitted to ADEQ for review an a proval prior to construction. The plan will be im lemented and strictly adhere rou hout the entire life o t e construction process and detention maintained permanently upon completion of the construction. The purpose of The Trails Subdivision is to provide a unique residential housing experience that blends the beauty of nature and wildlife with high quality homes. The smaller "cottage" lots are intended to form a sense of close neighborhood community in a beautiful setting. The walking trails provided throughout the greenways mixed integrally with the housing areas are intended to allow people "backdoor" access to the attributes of nature described above. The three (3) pavilions located in the greenways along the internal trails or just seeking a pleasant break with a view of nature. The bike lane provided along the beauty of the Ridge Trail will provide the bicycling community as well as a recreational bicycler a safe route off of Kanis Road. B. EXISTING CONDITIONS: The property is undeveloped with varying degrees of slope. A portion of the property is wooded, with a portion being pastureland. The general area contains single-family residences, including manufactured homes, on large lots along Kanis and Burlingame Roads. Chenal Downs, a 5-acre subdivision, abuts the property to the east. Property zoned AF, Agriculture and Forestr bounds the property's southern bounds C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received< few informational phone calls from area residents. All owners of property locate within 200-feet of the site were notified of the public hearing. There is not an active City recognized neighborhood association located within this general area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 3 May 18, 2015 Little Rock, AR 72211 RE: Notice of Public Hearing Dear Neighbor, We are excited to present The Trails as a new subdivision to West Little Rock. As required by the city, please find enclosed: Notice of Public Hearing for a Conditional Use Permit Notice of Public Hearing to Establish a Long -Form Planned Zoning Development Property Legal Description A recent property search indicated that you are a property owner of record within 200 feet of the subdivision property boundary. The Trails will be a low impact development with preserving nature as a top priority. Some of the many benefits of The Trails will include: Working closely with the city of Little Rock and Pulaski County to maintain the tree canopy along Kanis Road. Adding bicycle/pedestrian lanes within the subdivision for improved safety along Kanis Road. • Providing added safety for neighboring property owners by extending fire hydrants westward and further south. Increasing property values to neighboring and strict standards of construction within The Trails. property owners by extending public utilities If we haven't already met with you to answer any questions or concerns, we will be more than happy to. Please call or text me at 501-258-1480 or e-mail oz.richie mail.com. advance for your time and support. Thank you in Sinc rely, Wayne Ri te Pr r e1jdent Unleashed Innovations, Inc. Enclosures June 28, 2015 Little Rock, AR 72223 RE: Notice of Public Hearing (July 16, 2015) Dear Neighbor, Previously, you received documents (mentioned below) regarding a Public hearing for June 2015 regarding "The Trails" subdivision. The proposed subdivision hearing was rescheduled for July 16, 2015 to allow a redesign. As required by the city, please find enclosed: Notice of Public Hearing for a Conditional Use Permit d Notice of Public Hearing to Establish a Long -Form Planned Zoning Development • Property Legal Description A recent property search indicated that you are a property owner of record within 200 feet of the subdivision property boundary. We heard from some of our neighbors and redesigned the subdivision to address their comments. Some of the changes include: • A 25% increase in the minimum lot size. Many lots are at least 1.3 acres and some are as large as 4 acres. • A 12% reduction in the total number of lots in the subdivision. Only smaller, "cottage" home sites were eliminated to achieve this reduction. • Moved lots away from property lines shared with neighboring owners to allow larger "greenspace" buffers with trees and native vegetation. - ■ Worked with the city, county, and state and local fire departments to allow safe ingress and egress within the subdivision. ■ Added retention ponds inside the subdivision for on -site detention of treated wastewater and to keep within the neighborhood any soils disturbed during construction. If we haven't already met with you to answer any questions or concerns, we will be more than happy to. Please call or text me at 501-258-1480 or e-mail ox.richie@gmail.com. Thank you in advance for your time and support. Sincerely, Wayne Richie, President Unleashed Innovations, Inc. Enclosures BURLINGAME VALLEY District 21 Development Principals The majority of the Burlingame Valley district lies within the City's Planning Boundary, however a small area is beyond the City's jurisdiction. Only a very small area along Denny Road west of Kanis Road is within the City of Little Rock. —The plan reflects the desire of the area -to maintain its rural residential setting. Land Use Residential: Residential Low Density (RL) is the only recommended -residential development in the area, with the exception of a single small area of Residential Medium Density (RM) off Kanis Road near Ferndale Cutoff. With the steep slope and lack of sewer in the area the development pattern is expected to remain at densities of less than 5 units per acre. Commercial: The plan shows several areas of commercial developme t heighborhood Commercial (NC). These locations are at the following intersections: Ka is Road and Stewart Road, Colonel Glenn Road and Beauchamp Road, Colonel Glenn 11oad and Faulkner Road, and Kanis Road and Walnut Grove Road. It is anticipated th t these roads will i e be the major roads in the area. A larger area of Commercial (C)Ihr shown f rnd at intersection of Kanis Road and Ferndale Cutoff Road. Agricultural: The map shows Agricultural (A) in three locations. The large area is JS north of kp Ferndale along the Little Maumelle River and its tributary. A second ge area �i sho along the north side of Colonel Glenn Road east of Jabo Lake Road. The � 'dl�a is along the north side of Burlingame Road, just east of Walnut Grove o� p #0 Parks Oven Space: A Park/Open Space (PK/OS) land use area covers the floodway of the Li a aauumelle River and its tributaries. Public/Institutional: A large area of Public Institutional (PI) for a medical related use is shown at Lockert Lane north of Colonel Glenn Road. The Wildwood Performing Arts Center is located off Denny Road. C!! BURLINGAME VALLEY District 21 Development Principals The majority of the Burlingame Valley district lies within the City's Planning Boundary, however a small area is beyond the City's jurisdiction. Only a very small area along Denny Road west of Kanis Road is within the City of Little Rock. —The plan reflects the desire of the area to maintain its rural residential setting. Land Use Residential: Residential Low Density (RL) is the only recommended residential development in the area, with the exception of a single small area of Residential Medium Density (RM) off Kanis Road near Ferndale Cutoff. With the steep slope and lack of sewer in the area the development pattern is expected to remain at densities of less than 5 units per acre_. Commercial: The plan shows several areas of commercial development as Neighborhood Commercial (NC). These locations are at the following intersections: Kanis Road and Stewart Road, Colonel Glenn Road and Beauchamp Road, Colonel Glenn Road and Faulkner Road, and Kanis Road and Walnut Grove Road. It is anticipated that these roads will in time be the major roads in the area. A larger area of Commercial (C) is shown for Ferndale at the intersection of Kanis Road and Ferndale Cutoff Road. Agricultural: The map shows Agricultural (A) in three locations. The large area is shown north of Ferndale along the Little Maumelle River and its tributary. A second large area is shown along the north side of Colonel Glenn Road east of Jabo Lake Road. The third area is along the north side of Burlingame Road, just east of Walnut Grove Road. Parks/Open Space: A Park/Open Space (PK/OS) land use area covers the floodway of the Little Maumelle River and its tributaries. Public/Institutional: A large area of Public Institutional (PI) for a medical related use is shown at Lockert Lane north of Colonel Glenn Road. The Wildwood Performing Arts Center is located off Denny Road. 44 Revised 03-2009 FUTURE LAND USE CATEGORIES Residential Residential Low Density--RL This category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per t acre. Alk Residential Medium Density — RM -I% This category accommodates a broad range of housing types includ, g single family attached, single family detached, duplex, town homes, multi -family and patio or gard n homes. Any combination of the5 and possibly other housing types may fall in this category provided at the density is between six twelve (12) dwelling units per acre. Residential High Density — RH ` 5 This category accommodates residential development of more than elve I dwelI ng unit p 16 I Mobile Home Park - MH dr This category accommodates an area specifically developed to accommodate mobil oTT9es. IL Office Office - O The office category represents services provided directly to consumers (e.g., legal, financial, medical general offices which support more basic economic activities. �.i�' Suburban Office - SO The suburban office category shall provide for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. Mixed Mixed Commercial and Industrial - MCI This category provides for a mixture of commercial and industrial uses to occur. Acceptable uses are commercial or mixed commercial and industrial. A Planned Zoning District is required if the use is mixed commercial and industrial. Mixed Office and Commercial - MOC This category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. Service Trades District - STD This category provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services to these businesses and to provide for uses with an office component. A Planned Zoning District is required for any development not wholly office. Mixed Use - MX This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. Mixed Use Urban - MXU This category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure_ This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric cresting a 24-hour activity area. Revised 03-2009 Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. Industrial Light Industrial - LI This category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well -designed "park like" setting. Industrial - I The industrial category encompasses a wide variety of manufacturing, warehousing research and development, processing, and industry related office and service activities. Industrial development typically occurs on an individual tract basis rather than according to an overall development plan. Commercial Commercial - C The commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. Neighborhood Commercial - NC The neighborhood commercial category includes limited small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area. Other Agriculture - A It is the intent of this category to encourage the continuation of agricultural uses of the land. The agricultural classification also provides for a transition between rural areas and the urban fringe, where it would be appropriate to preserve existing rural land use, prior to annexation into the city. Mining - M The mining category provides for the extraction of various natural resources such as bauxite, sand, gravel, limestone, granite or other. Mining uses will include assurances that these resources be properly managed so as not to create a hazard, nuisance or the disfigurement or pollution of the land. Park/Open Space - PK/OS This category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. Public/Institutional - PI This category includes public and quasi -public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. Transition - T Transition is a land use plan designation that provides for an orderly transition between residential uses and other more intense uses. Transition was established to deal with areas which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low -density multi -family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. -� City Departments Planning S � ��D The Planning Division provides mi and long range planning as well as technical support to the City. The Division prepares reviews and develops reports fo and Use amendments, Master Street Plan amendments, and review of zoning changes requested by various group I lanning Division Staff responds to requests for statistics, graphics and GIS products. The City does prepare 'plans' beyond the City limits. The City of Little Rock has set a Planning Boundary (sometimes called an extra -territorial jurisdiction boundary) that is approximate three (3) miles (as the crow flies) around the City. Within this area the City Subdivision and Zoning Ordinances are enforced. Due to this, the City Master Street Plan and Land Use Plan are in effect beyond the City limits in the'Planning Area'. The Land Use and Master Street Plan Amendme application must be completed and returne+;ea r offices at 723 West Markham Street by the filing dates on the Plan nin Commission Calendar for Plann' g and Tngs. Land Use Plan J e The City Land Use Plan and Map is the proposed pattern far IT Uuse in the fu ovides t i akin zoning 9 decisions when a property owner requests a reclassification_ The Land ssificatio ar ed into several groupings by generalized use: Residential, Office, Commercial, Industrial, Mixed Use and Ot er. he Land Use Plan Map is under the 'Maps' section of the Department's Main page. Master Street Plan The Master Street Plan is the proposed future pattern of major streets within and through the City. There is no time certain for implementation. Neighborhood Plans Neighborhood Plans are a cooperative effort between the City and residents in different sections of Little Rock. A citizen committee develops a list of Goals, Objectives and Action Statements to address needs or desires. City Planning and Development Staff helps facilitate the process. Once the Neighborhood Committee has developed a Plan document, they present it to the Little Rock Planning Commission and the Little Rock City Board of Directors. The Committee asks that each body adopt resolutions of support for'Their Plan'_ These resolutions indicate the City agrees with the direction and general goals of the Plan. However, the City's action does not indicate total agreement or acceptance of each and every proposed 'action' in the Plan. The City does agree to work with the neighborhood to move the area toward it's ultimate Goals. Since this is the neighborhood's plan, there must be sufficient interest in that area to do a Plan. A Neighborhood Plan may cover the area of one or more neighborhood associations. Until or unless there is sufficient interest in an area, there should not be a Plan of this type for that area_ The physical area of a Neighborhood Plan has generally been developed by staff with some neighborhood input. The Neighborhood Plan document is available below as PDFs. Please note if the link includes the word 'Study' it is not a Neighborhood Plan but rather provides information on that area of the City. (click area below for details) of 3 9/25/2015 7:27 AM City Departments fanning The Planning Division provides mid and long range planning as well as technical support to the City. The Division prepares reviews and develops reports for Land Use amendments, Master Street Plan amendments, and review of zoning changes requested by various groups. The Planning Division Staff responds to requests for statistics, graphics and GIS products. The City does prepare 'plans' beyond the City limits. The City of Little Rock has set a Planning..Boundary (sometimes called an extra -territorial jurisdiction boundary) that is approximate three (3) miles (as the crow flies) around the City. Within this area the City Subdivision and Zoning Ordinances are enforced_ Due to this, the City Master Street Plan and Land Use Plan are in effect beyond the City limits in the'Planning Area'. The Land Use and Master Street Plan Amendment application must be completed and returned to our offices at 723 West Markham Street by the filing dates on the Planning Commission Calendar for Planning and Zoning Hearings. Land Use Plan The City Land Use Plan and Map is the proposed pattern for land use in the future. It provides the guide for making zoning decisions when a property owner requests a reclassification. The Land Use Classifications are divided into several groupings by generalized use: Residential, Office, Commercial, Industrial, Mixed Use and Other. The Land Use Plan Map is under the 'Maps' section of the Department's Main page. Master Street Plan The Master Street Plan is the proposed future pattern of major streets within and through the City. There is no time certain for implementation. Neighborhood Pians Neighborhood Plans are a cooperative effort between the City and residents in different sections of Little Rock. A citizen committee develops a list of Goals, Objectives and Action Statements to address needs or desires. City Planning and Development Staff helps facilitate the process. Once the Neighborhood Committee has developed a Plan document, they present it to the Little Rock Planning Commission and the Little Rock City Board of Directors. The Committee asks that each body adopt resolutions of support for'Their Plan'. These resolutions indicate the City agrees with the direction and general goals of the Plan. However, the City's action does not indicate total agreement or acceptance of each and every proposed 'action' in the Plan. The City does agree to work with the neighborhood to move the area toward it's ultimate Goals. Since this is the neighborhood's plan, there must be sufficient interest in that area to do a Plan. A Neighborhood Plan may cover the area of one or more neighborhood associations. Until or unless there is sufficient interest in an area, there should not be a Plan of this type for that area. The physical area of a Neighborhood Plan has generally been developed by staff with some neighborhood input. The Neighborhood Plan document is available below as PDFs. Please note if the link includes the word 'Study' it is not a Neighborhood Plan but rather provides information on that area of the City. (click area below for details) of 3 9/25/2015 7:27 AM City Departments Planning The Planning Division provides mid and long range planning as well as technical support to the City. The Division prepares reviews and develops reports for Land Use amendments, Master Street Plan amendments, and review of zoning changes requested by various groups. The Planning Division Staff responds to requests for statistics, graphics and GIS products. The City does prepare 'plans' beyond the City limits. The City of Little Rock has set a Planning,Boundary (sometimes called an extra -territorial jurisdiction boundary) that is approximate three (3) miles (as the crow flies) around the City. Within this area the City Subdivision and Zoning Ordinances are enforced. Due to this, the City Master Street Plan and Land Use Plan are in effect beyond the City limits in the'Planning Area'. The Land Use and Master Street Plan Amendment application must be completed and returned to our offices at 723 West Markham Street by the filing dates on the Planning Commission Calendar for Planning and Zoning Hearings. Land Use Plan The City Land Use Plan and Map is the proposed pattern for land use in the future. It provides the guide for making zoning decisions when a property owner requests a reclassification. The Land Use Classifications are divided into several groupings by generalized use: Residential, Office, Commercial, Industrial, Mixed Use and Other. The Land Use Plan Map is under the 'Maps' section of the Department's Main page. Master Street Plan The Master Street Plan is the proposed future pattern of major streets within and through the City. There is no time certain for implementation. Neighborhood Plans Neighborhood Plans are a cooperative effort between the City and residents in different sections of Little Rock. A citizen committee develops a list of Goals, Objectives and Action Statements to address needs or desires. City Planning and Development Staff helps facilitate the process. Once the Neighborhood Committee has developed a Plan document, they present it to the Little Rock Planning Commission and the Little Rock City Board of Directors. The Committee asks that each body adopt resolutions of support for'Their Plan'. These resolutions indicate the City agrees with the direction and general goals of the Plan. However, the City's action does not indicate total agreement or acceptance of each and every proposed 'action' in the Plan. The City does agree to work with the neighborhood to move the area toward it's ultimate Goals. Since this is the neighborhood's plan, there must be sufficient interest in that area to do a Plan. A Neighborhood Plan may cover the area of one or more neighborhood associations. Until or unless there is sufficient interest in an area, there should not be a Plan of this type for that area. The physical area of a Neighborhood Plan has generally been developed by staff with some neighborhood input. The Neighborhood Plan document is available below as PDFs. Please note if the link includes the word 'Study' it is not a Neighborhood Plan but rather provides information on that area of the City. (click area below for details) of 3 9/25/2015 7:27 AM NEIGHBORHOOD PLANS AND UPDATES Boyle Park Study report appendix Birchwood -Walnut Valley Briarwood Capitol View Update Chicot West/Interstate 30 Plan Appendix Cloverdale -Watson Downtown Plan Update Appendix Downtown Framework for the Future Update East of Interstate 30 Study Geyer Springs/Wakefield Heights Hillcrest John Barrow Midtown Oak Forest Update Otter Creek/Crystal Valley Goals/Maps Support information Pecan Lake, Stagecoach Dodd, Westwood 2007 Plan Update Reservoir Neighborhoods Goals Support Information River Mountain Plan Update Appendix Rock Creek Update South End Area Update South Geyer Springs Study Stephens Area Upper Baseline Update West Markham Maps Appendix West 65th Street cnAdobe Reader ...__IPDF documents require the Adobe Acrobat Reader. Click the icon to download the free program. 2 of 3 9/25/2015 7:27 AM ADE_Q A R K A N S A S Department of Environmental Quality August 8, 2013 Mark Davis Callaghan Creek Subdivision 7106 Lucea Rd. Little Rock, AR 72210 RE: NPDES Permit Number AR'0050130, AFIN 6.0=02235 NPDES Permit Effluent Violations Dear Mr. Davis: The .Department has conducted A file review of the above referenced permit and determined your facility has experienced twenty-one (21) effluent violations. since November 1, 2009, the effective date of your current permit. Of those violations, thirteen (13) were Ammonia Nitrogen, one (1) was pH, and Colifarrrt. seven (7) were General Fecal I have included a list of effluent violations that have :occurred since :November 1, 2009: Please review this list and submit a report/plan detailing the .corrective actions that you are taking or will take :to achieve compliance with the terms.. of the above referenced permit. Please include dates of when corrective actions and compliance will be achieved. Please submit this reporttb the Department by September 6; 2013. Failure to abide by the effluent limitations set; forth: ih your permit'is in violation of Part 1, Section A of your permit and may result in enforcement action. Such action will include but may not be limited to the assessment.of a voluntary civil penalty. Thank you for your attention to this matter. Please refer to NODES Permit Number AR6650130 and AFIN 60-02235 in any written correspondence to ADEQ. Should you have any questions, feel free to e-fnai.0 me at bolenbau ism ade .state.ar.us or call 501-682-0667. Sincerely, ////, A & L Michelle Bolenbaugh Enforcement Analyst Water Division Enforcement Branch ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 721 18-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880 ww+v.adeq.state.ar. us M O N CD w W w CU z a J J a U O C) r- O Ln O O a l C) i d; O C7: N Cl O N N .O' O O O O d -•ec Ln .. r- .= r r r• .-- r r 9- r- r d" d Cp I co •'. [p . r, o 0-'.._ a:; [O Ca ID C,ti to O CU (D tp _ •:.LY - ^(n " - a o r� r` o o: ram. o - d .o -,': U1: ''.U: UI'.•� N U• I'7 - f:? LV u Co �! N U: lV m U N (). C) Li' N C). C7 C) N' c7 - N C,): �'•p �M1 O i- iGi' O rj•'•.O Ur U' 6" U;'.-O 0' 0; 'u. O O O O O; C) C,O U 0. .O s O. 6�, p•; m {•...�y, e m i . oy Er. EI E" E' m :E m E a� E'' aD 1 • E m E � ' E � E V : E m : E' m . w (D�. Z. 2: z' .E. Z z� z Z z z Z' E' Z E z E z.. E: Z. ..•La?�] •.p�piq•�, rI sari ot --0LQ e o 0o ..M� _d oof o ' o;_ u .. ,4 H E' .�' .od.•L 'O mcD -. N mc_. 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Z z U z Z U U Z Z U 0 Z Z a e3 cr - . u_ L _ u_ i,_ Q Q c)r Q a Cy q LL (L cf cr Q Q Q 0 0 C) 0 0 0 0 0 0 0 0" 0 o 0- 0 o 0. o0 0 CD 0 0 0 0 0 0 (D 0 0 0 0 0 CC 0 O O O O: O O O r N N N N N N N N N M ch M o; N O o CD N' N (D C) N' cN 0 N C> T o N 0 N 0 N 0 N 0' N o N 0 N 0 N 0 N 0 N 0 N 0, N o N 0 N O M O O r O O O O O O r (D O !� t` O O O O O' O V O 7 O co O 'R O 7 O (D O (D O � O O N N O V O Lf7 O ADE-Q A R K A N S A S Department of Environmental Quality MAY 2 0 2013 CERTIFIED MAIL: RETURN RECEIPT REQUESTED (91 7199 9991 7030 4906 6357) Mark A. Davis, Manager Callaghan Creek Property Owners Association, Inc. Callaghan Creel: Subdivision 7106 Lucea Little Rock, AR 72210 Re: NPDES Permit Number AR0050130, AFIN 60-02235 Financial Assurance Requirements Dear Mr. Davis: Pursuant to Arkansas Code § 8-4-203(b)(5), the subject facility must maintain a Financial Assurance instrument on file with the Department for the life of the permit. The financial instrument must be in an amount equal to five (5) years of Operation and Maintenance expense costs. Based on a review of the Department records, the latest financial instrument was a Letter of Credit # 2001728 through The Capital Bank submitted on September 22, 2009 and contains an expiration date of September 22, 2010. Pursuant to Part II, Condition Number 4 of the subject NPDES permit, the financial instrument must be renewed or replaced thirty (30) days prior to the instruments expiration date. To date, the Department has not received a new or renewed financial instrument for the subject facility. Pursuant to Arkansas Code § 84-204(1), the Department has the authority to suspend or revoke permit coverage if a new financial instrument is not submitted as required. If suspended, the permit shall remain suspended until a financial assurance mechanism is provided to the Department in accordance with Arkansas Code § 8-4-203(b)(5). Please be advised that a new or renewed financial instrument in the amount of $5,730.00 must be submitted to the Department on or before June 17, 2013. If the financial instrument is not received or is not in the correct amount, the Department will begin the process of suspending or revoking the subject permit. If there are any questions or if you need further assistance, please feel free to contact the NPDES Permit Section at (501) 682-0622. Sincerely, Mo Shafii, Assistant Chief Water Division cc: Electronic Filing (AR0050130, w/ attachments) Jason Bolenbaugh, Branch Manager, Field Services Branch Craig Uyeda, Branch Manager, Enforcement Branch Legal Division ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880 ADE-Q A R K A N S A S Department of Environmental Quality IMPORTANT NOTICE FEB 3 2014 CERTIFIED MAIL: RETURN RECEIPT REQUESTED (91 7199 9991 7030 4910 0020) Mark A. Davis, Manager Callaghan Creek Property Owners Association, Inc. - Callaghan Creek Subdivision 7106 Lucca Little Rock, AR 72210 RE: 2"° Permit Expiration Notification NPDES Permit Number AR0050130. AFIN 60-02235 Callaghan Creek Property Owners Association, Inc. - Callaghan Creek Subdivision Dear Mr. Davis: Please be advised that the above referenced NPDES Discharge Permit will expire on 10/31/2014. The Department previously notified you of the upcoming permit expiration in a letter dated 1 I/l/2013 (See attached letter). To date, our records indicate that the required renewal application has not been submitted. Even though there is still considerable time to submit the renewal application (approximately 90 days), you MUST be aware that a complete renewal application must be received by the Department no later than 4/30/2014 in order to continue discharging wastewater after the expiration date of the existing permit. Please be advised the existing permit will no longer be valid, if a complete renewal application is not received by 10/31/2014. This will be a violation of your current pennit along with federal and state regulations. If our records are incorrect or if you do not desire to renew your permit, you MUST submit a letter terminating the permit including the current status of the facility and why the permit is no longer needed. If you need additional time to complete and submit the application forms (which cannot be more than 30 days prior to the expiration date of the permit), please respond in writing by letter to the address below or by email at - water-perniit- aeamlication,"(badeg.state.ar.us as soon as possible. Failure to submit the requested information could result in enforcement action. Thank you for your cooperation. if you have any questions, please feel free to contact the Permits Branch at (501) 682- 0622. Sincerely, a�7 Kimberly A. Fuller, P.E. NPDES Engineer Supervisor KF:hp Enclosure cc: Electronic Filing (AR0050130, w/attachments) Craig Uyeda, Branch Manager, Enforcement Branch A OVAAIC AC r1COAOTa t CA17 e%r- CAIt/10^k I A ACAITAI ^I I A I ITV ADEQ A R K A N S A S Department of Environmental Quality NOV 1 202 IMPORTANT NOTICE Mark A. Davis, Manager Callaghan Creek Property Owners Association, Inc. - Callaghan Creek Subdivision 7106 Lucca Little Rock, AR 72210 RE: 11" Permit Expiration Notification NPDES Permit Number AR0050130, AFIN 60-02235 Callaghan Creek Property Owners Association, Inc. - Callaghan Creek Subdivision Dear Mr. Davis: A review of our records indicates that your NPDES Discharge Permit will expire on 10/31/2014. 1n accordance with federal and state regulations, permittees wishing to continue discharging wastewater prior to and following the expiration date of their permit are required to apply for a renewal permit not less than ISO days (i.e., 6 months) prior to the permit's expiration date (i.e., 4/30/2014) in accordance with 40 CFR Part 122.21(d). Please complete the required application forms and return them to the address at the bottom of this letter as soon as possible. Documents may also be submitted by email in PDF format to wa e - ermitnit�icRtion qt sdeta,state.ar.us. Please be advised that the Department's Disclosure Statement Form has recently been revised and the latest form must be submitted. Please be advised that ALL required effluent testing data MUST be obtained and submitted with the application forms_ Copies of the required NPDES Permit renewal forms can be obtained at the following website. .hq Jlwww.adeq,s. e.ar_us/��ater/branch i srindivid_�al raetmitslindustrrat.htsn Due to the large number of renewal applications received by the Department, a complete application must be received by 4/30/2014. Any NPDES permit that expires without the receipt of a renewal application will no longer be valid. In such a case, a new permit application must be submitted. Any facility discharging past the termination of its NPDES permit will be unlawful and may be subject to formal enforcement action which could include fines up to S 10,000 per day. If our records are incorrect or if you do not desire to renew your permit, you MUST submit a letter terminating the permit including the current status of the facility and why the permit is no longer needed. if you need additional time to complete and submit the application forms (which cannot be more than 90 days prior to the expiration date of the permits please respond by letter to the address below or by email to the address above as soon as possible. Failure to submit the requested information could result in enforcement action. Thank you for your cooperation in this matter. If there are any questions concerning this submittal, please contact me at (501) 682-W3 or by email at fullerfrtlade .- ate.ar.us . Y cc elp, Kimberl}, A. u 11er N PDES Engineer Supervisor KF:hp cc: Electronic Filing (AR0050130, w/attachments) Sarah Clem, Branch Manager, eater Quality Planning Section Craig Uyeda, Branch Manager, Enforcement Branch - FindTheDatr7 :P.­ Join Sign in Home > EPA Sites > Detail Callaghan Creek Subdivision - EPA Regulated Facility Little Rock, AR eE See all EPA Regulated Facilities Details online exclusive UP AT&T U-verset +,T Details WIM"1 f 0 8+ </, Related ro 24Mbps Internet + TV $5 7%mo. i N ME + amazonPrime for 12 mos. w/ 1-yr Win ��7 othef awes apply. ,,... Qna.. P. — ADVERTISEMENT 11 -4 Share Callaghan Creek Subdivision is located at Raines Rd, Off Crystal Valley in Little Rock, AR and has had violation(s) over the past three years. o 10 quarter(s) of Clean Water Act violations The last inspection of Callaghan Creek Subdivision took place 746 days ago. Facility Information Name Callaghan -Creek Subdivision Address Raines Rd, Off Crystal Valley Little Rock, 72210 7 Get Directions c mml AllaE Callaghan Creek Subdivision -X Raines Rd, Off Crystal Valley_ Little Rock 72210 Google CZ, !•! Map data ©2015 Google t of 4 9/24/2015 8:18 PM County Pulaski Enforcement and Compliance History Current Compliance Status Violation(s) Days Since Last 746 Inspection e Three Year Compliance Status - Last 12 Quarters Q1: Violation/Non-compliance • Q2: Violation/Non-compliance * Q3: Significant Non-compliance ■ Q4: Unknown e Q5: Violation/Non-compliance o Q6: Violation/Non-compliance • QT Violation/Non-compliance ■ Q8: Violation/Non-compliance Q9: Violation/Non-compliance ■ Q10: Q11: Violation/Non-compliance e Q12: Violation/Non-compliance Compliance Report Compliance Report (epa-echo.gov) Clean Water Act Clean Water Act Current Compliance Status Violation(s) -4 Share 2 of 4 9/24/2015 8:18 PM Non -compliant Quarters over last 10 3 years 6 Days Since Last 746 Inspection 6 Inspections over last 5 1 years O Effluent Violations over past 3 years 9 Three Year Compliance Status - Last 12 Quarters Q1: Violation/Non-compliance • Q2: Violation/Non-compliance Q3: Significant Non-compliance Q4: Unknown • Q5: Violation/Non-compliance e 06: Violation/Non-compliance • QT Violation/Non-compliance ■ Q8: Violation/Non-compliance ■ Q9: Violation/Non-compliance ■ Q10: • Q11: Violation/Non-compliance ■ Q12: Violation/Non-compliance Non-compliance report - Last 12 Quarters • Q1: Unknown • Q2: Unknown ■ Q3: Effluent violations of monthly average limits (TRC and chronic) Q4: Unknown • Q5: Unknown ■ Q6: Reportable non-compliance • Q7: Reportable non-compliance • Q8: Reportable non-compliance • Q9: Reportable non-compliance Q10: Compliance - the facility has returned to compliance with its permit conditions, either with or without issuance of an enforcement action. Q11: Unknown • Q12: Reportable non-compliance 3 of 4 9/24/2015 8:18 PM Nearby EPA Sites Other Little Rock EPA Sites More Little Rock EPA Places > Data Sources Source: U.S. Environmental Protection Agency ADVERTISEMENT 9 Was this page helpful? Yes No About Support Advertising Publisher Tools Stories AxleGeeks Credio FindTheCompany FindTheHome GearSuite Graphiq HealthGrove HomeOwl InsideGov MooseRoots PetBreeds PickBan Pikasaur PointAfter PrettyFamous Softwarelnsider SpecOut StartClass UnderTheLabel WanderBat WeatherDB © 2015 Graphiq, Inc. All Rights Reserved. Terms Privacy Cookies 4 of 4 9/24/2015 8:18 PM Six examples of failed community of subdivision controlled sewage treatment facilities 6/26/2015 ADEQ settlement with Flushing Meadows Water Treatment, Inc., 3555 Homestead Drive, Conway, AR 72032. Facility on Brewer Rd, Faulkner Co. Permitted in 2010, Regulated by NPDES. Violations are documented beginning in 2011 and going through 2014. Contaminated affluent discharges into a tributary of Gold Creek. Also, violated the requirement to keep continuous financial assistance by not getting Letter of Credit renewed. Case "settled" by fines and agreement to remedy problems. 4/15/2015 ADEQ issues emergency order to Washington County Property Owners Improvement District. This improvement District is like the one proposed by the Trails. Permitted in 2011, located in Farmington, Arkansas outside Fayetteville. Unpermitted and untreated discharge into Illinois River. Inspector found the facility's waste disposal was not operational. Order was to cease and desist from all unpermitted discharges and remedy problems. 5/21/2015 ADEQ Agenda. Chicot Sewer Systems, LLC. 14124 Chicot Road, Mabelvale, Saline Co., AR. Violations from August 2013. Under NPDES. Violations of Clean Water Act Water samples were contaminated and low oxygen content. Further months revealed unpermitted discharges. Owner totally uncooperative as of May 2015 and it is unresolved November 2009 until Current ADEQ public records. Callaghan Creek Subdivision Crystal Valley and Ranie Road, SW LR, 21 violations in 4 years, enforcement seems to not have worked very well. 4/7/2014 ADEQ confirmed they visited West Fork Water Treatment Plant multiple times and observed untreated sewage leakage into the White River. System built in 1970. Problematic over a long period. Lack of funding, design capacity exceeded, located in wrong place, etc. I was told the West Fork will pay Fayetteville to treat their sewage and pump it to their facility as a long term solution. 2010 ADEQ filed a lawsuit against Marble Falls Water, Sewer, and Solid Waste Disposal Suburban Improvement District. Newton County. Built in the 1960's, fallen into disrepair and in recent decades has been found to be in violation of ADEQ and AR Dept. of Health regulations numerous times. Operates under NPDES permit. Dumping contaminated affluent into Buffalo River. Lack of funding has made the difficult to solve. Over $500,000 needed for upgrades. Don't know the status. Page 1 of 1 Drew Kelso From: "Alan New" <New@taggarch.com> Date: Tuesday, September 22, 2015 7:23 AM To: "Drew Kelso" <drewkelso@sbcglobal.net> Cc: <wsmiley@sibanking.com>;-sgiles@gileslaw.net>; "Honea Lolly" <lolly@lollyhonea.com>; "Mitchell Mike"<mmitchell@mitchellblackstock.com>; "Rushing Nolan" <nolan.rushing@colliers.com> Subject: conversation with ADEQ I spoke to Shane Byron at ADEQ yesterday and he confirmed it was he that was scoping out The Trails sewage plant location using gps coordinates provided by the Trails engineer. They are in the preliminary stages of evaluating the project for a discharge permit. He was interested to hear the full extent of the clear-cut and said that they will be looking at storm water discharge calculations and how the engineer plans to manage the potential runoff. He did say something disturbing, the terrain was so steep and difficult to traverse that he could not reach the sewage treatment coordinates and in situations as this they often wait for the tree removal before evaluating the sewage plants location. I told him if this happens it is too late. Shane said that our best defense would be to show up with a lot of folks on the 8th and let them know beforehand we absolutely object to the density of the proposed development. suss e ALAN NEW, AIA PRINCIPAL SENIOR DESIGNER aN ! D 4500 Burrow Dr., North Little Rock, AI'. 72116 �l L 501.758.7443 Office 901.825.0904 Cell � 7-b �(1F� D10 500 s AT s C cep s � y 9/26/2015 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Flushing Meadows Water Treatment, Inc. LIS No. 14--174 3555 Homestead Drive Permit No. AR0048879 Conway, AR 72032 AFIN 23-00461 CONSENT ADMINISTRATIVE ORDER This Consent Administrative Order (hereinafter- "Order) is issued pursuant to the authority of the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8-4-101 et seq. (hereinafter "the Act"), the Federal Water Pollution Control Act, 33 U.S.C. § 1311 et seq., and the regulations issued thereunder by Arkansas Pollution Control and Ecology Commission (hereinafter "ARC&EC" ). The issues herein having been settled by the agreement of the Flushing Meadows Water Treatment, Inc. (hereinafter "Respondent") and the Arkansas Department of Environmental Quality (hereinafter "ADEQ" or "Department"), it is hereby agreed and stipulated that the following FINDINGS OF FACT and ORDER AND AGREEMENT be entered. FINDINGS OF FACT 1. Respondent operates a wastewater treatment facility and associated collection system (hereinafter "facility") located in 77 Brewer Road, Conway, Faulkner County, Arkansas. 2. Respondent is regulated pursuant to the National Pollutant Discharge Elimination System (hereinafter "NPDES"). Page 1 of 10 Flushing Meadows Water Treatment, Inc. CAO 3. Respondent's facility discharges treated wastewater to an unnamed tributary of Gold Creek thence to Lake Conway. 4. Pursuant to the federal Clean Water Act (hereinafter "CWA'), 33 U.S.C. § 1311(a) et sect., the NPDES program prohibits the discharge of pollutants except as in compliance with a permit issued under the NPDES program in accord vrith 33 §1342(a)_ 5.. ADEQ is authorized under the Arkansas Water and Air Pollution, Control Act to issue NPDES permits in the state of Arkansas and to initiate an enforcement action for any violation of an NPDES permit. 6. NPDES Permit Number AR0048879 (hereinafter "Permit") was issued to the Respondent on May 31, 2010. The Permit became effective on June 1, 2010, and expires on May 31, 2015. On September 15, 2014, a complete Permit renewal application was received by the Department. 7. Ark. Code Ann. § 8-4-217(a) provides: (a) it shall be unlawful for any person to: (1) Cause pollution... of any waters of the state. (3) Violate any provisions of this chapter or of any rule, regulation, or order adopted by the [APC&EC] under this chapter or of a permit issued under this chapter by the [ADEQ]. 8. Ark. Code Ann. § 8-4-103 authorizes ADEQ to assess an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation for any violation of any provision of the Act and any regulation or permit issued pursuant to the Act. 9. Pursuant to Ark. Code Ann. § 8-4-103(c)(1)(B), "Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment," 10. The Department conducted a review of certified Discharge Monitoring Reports submitted by the facility in accordance with the Permit from December 31, 2011, Page 2of10 Flushing Meadows Water Treatment, Inc. CAO through November 30, 2014. The review revealed violations of the permitted effluent discharge limits detailed in Part I, Section A of the Permit. Respondent reported fifty- one (51) violations of the permitted effluent limits of five (5) pollutants from December 31: 2011, through November 30, 2014. Respondent reported twenty-Nvo (22) exceedances of the limit for Ammonia Nitrogen, fifteen (15) exceedances of the limit for Carbonaceous Biochemical Oxygen Demand, ten (10) exceedances of the limit for Total Suspended Solids, two (2) exceedances of the limit for pH, and ttajo (2) exceedances of the limit for Fecal Colrform. Each of the fifty-one (51) discharge limitation violations listed above constitutes a separate Permit violation and therefore reflects fifty-one (51) separate violations of Ark. Code Ann. § 8-4-217(a)(3). 11. Pursuant to Ark. Code Ann. § 8-4-203(b)(1)(A) and Part 11, Section 5 of the Permit, Respondent must maintain continuous financial assurance on file with the Department. 12. On August 1, 2011, the Department received an Irrevocable Letter of Credit (hereinafter "LOC # 2000686") in the amount of Fifteen Thousand Dollars ($15,000.00) from Metropolitan National Bank. On August 1, 2012, LOC # 2000686 expired. The failure to maintain continuous financial assurance violates Part II. Paragraph 5 of the Permit and therefore violates Ark. Code Ann. § 8,4-217(a)(3). 13. ADEQ attempted to contact Respondent by certified letter on May 20, 2013, and on February 25, 2014. 14. On May 16, 2014, the Department received a financial assurance instrument in the form of an Irrevocable Letter of Credit (LOC # 86039757) in the amount of Fifteen Thousand Dollars ($15,000.00). LOC # 86039757 expires on May 6, 2015. Page 3 of 10 Flushing Meadows Water Treatment, Inc. CAO 15, On May 4, 2015, the Department received a financial assurance instrument in the form of an Irrevocable Letter of Credit (LOC # 86039757) in the amount of Fifteen Thousand Dollars ($15,000.00). LOC # 86039757 expires on May 6, 2016. 16, On March 5, 6, 13, 17, and 18, 2014, the Department conducted inspections of the facility's west lift station at Shiloh Creek Estates. The inspections revealed the following violations:: a. On March 5, 6, and 13, 2014, raw sewage from the lift station located west of the intersection of Shiloh Drive and Homestead Road was pumped through a pipe into a storm drain that discharged to an unnamed tributary of Gold Greek. This unpermitted discharge violated Ark. Code Ann. § 8-4-217(b)(1)(D). b. Backup pumps for the lift station were not available to replace primary pumps, These conditions violated Part III, Section B_ 1. A of the Permit and therefore violated Ark. Code Ann. § 8-4-217(a)(3). c. Solids were observed on the ground near the lift station. These conditions violated Part Ili, Section B.6 of the Permit and therefore violated Ark. Code Ann. § 8-4-217(a)(3). 16. On March 17, 2014, an ADEQ inspector visited the site and observed that'the pipe has been removed, ceasing the unpermitted discharge. 17. On July 1, 2014, a proposed Consent Administrative Order was mailed to Respondent. 18. On July 15, 2014, Respondent met with ADEQ staff to discuss the proposed Consent Administrative Order. At that meeting, Respondent stated they would submit a Page 4 of 10 Flushing Meadows Water Treatment, Inc. CAO Corrective Action Plan (hereinafter "CAP") to the Department in regard to the effluent violations. However, to date, no CAP has been received by the Department. 19. On July 23, 2014, Respondent submitted photographic documentation of the removal of the previously observed solids at the lift station. 20. On September 26, 2014, the Department conducted an inspection of the facility. The inspection revealed four (4) unperrnitted discharges at four locations: a. 3440 Bentonville Drive, Conway, Arkansas 72032, b. 3335 Antietam Drive, Conway, Arkansas 72032; c. 3465 Perryville Drive, Conway, Arkansas 72032; and d. Southeast corner of Crowley Ridge and Appomattox Drives, Conway, Arkansas 72032. These unpermitted discharges violated Ark- Code Ann. §8-4-217(b)(1)(D). 21. On December 17, 2014, the Department issued a Notice of Violation, LIS 14-174. 22. On January 2, 2016, Lorene Wyatt filed a Request for Hearing on behalf of Respondent. The APC&EC assigned Docket No. 15-001-NOV to the hearing request. ORDER AND AGREEMENT WHEREFORE, the parties stipulate and agree as follows: 1. Within thirty (30) days of the effective date of the Order, Respondent shall hire an Arkansas -licensed Professional Engineer (hereinafter "P.E.") to perform a complete treatment system evaluation. Within ten (10) days of the completion of the treatment system evaluation, a copy of that evaluation shall be submitted to ADEQ. if the treatment system evaluation determines that further corrective actions are needed, a complete Corrective Action Plan (hereinafter "CAP") shall be submitted to ADEQ within twenty (20) days of the completion of the complete treatment system evaluation. The Page 5 of 10 Flushing Meadows Water Treatment, Inc. CAO CAP must be certified by an Arkansas -licensed Professional Engineer, using the best available technology to comply with Permit effluent limit violations. The CAP shall include a milestone schedule and detail the methods and technologies Respondent shall utilize to achieve compliance with the terms of the Permit and to prevent future violations. The CAP shall be signed in accordance with Part III, Section D, Paragraph 11 of the Permit. Upon approval by ADEQ, the CAP and milestone schedule shall be fully enforceable as a term of this Order. 2. On or before the effective date of the Order, Respondent must obtain backup pumps for the lift station. A copy of the receipt showing the purchase of the pumps must be submitted to ADEQ within five (5) days of the effective date of the Order. 3. On or before the effective date of the Order, Respondent must provide a certification from a P.E. and photo documentation showing the four (4) unpermitted discharges identified in paragraph 20 of the Findings of Fact have ceased and have been fully remediated. 4. All submittals referenced above must be sent to: Arkansas Department of Environmental Quality Water Division 5301 Northshore Drive North Little Rock, AR 72118-5317 5. In compromise and full settlement of the violations specified in the Findings of Fact, Respondent agrees to pay a civil penalty of Six Thousand Five Hundred Fifty Dollars ($6,550.00) payable in twelve (12) monthly payments, The first payment of Five Hundred Fifty Dollars ($550.00) is due within 15 days of the effective date of this Order. Each subsequent monthly payment of Five Hundred Dollars ($500.00) is due on 1st day of each month until the civil penalty is paid in full. In the event Respondent fails to Page 6 of 10 Flushing Meadows Water Treatment, Inc. CAO comply with this Order or make timely monthly penalty payments, the civil penalty amount will revert back to the assessed amount of Thirteen Thousand One Hundred Dollars ($13,100.00) and the full outstanding balance will be due and payable immediately to the Arkansas Department of Environmental Quality. Such payments of the penalty shall be made payable to the Arkansas Department of Environmental Quality, and mailed to the attention of: Arkansas Department of Environmental Quality Fiscal Division 5301 Northshore Drive Borth Little Rock, AR 72118 In the event that Respondent fails to pay the civil penalty within the prescribed time, ADEQ shall be entitled to attorneys' fees and costs of collection. 6. Failure to meet any requirement or deadline of this Order consti�ctes a violation of said Order. if the Respondent should fail to meet any such requirements or deadlines, the Respondent consents and agrees to pay on demand to ADEQ stipulated penalties according to the following schedule: a. First day through fourteenth day: $100.00 per day b. Fifteenth day through the thirtieth day: $500.00 per day c. Each day beyond the thirtieth day: $1000.00 per day These stipulated penalties for delay in performance shall be in addition to any other remedies or sanctions which may be available to ADEQ by reason of failure by the Respondent to comply with the requirements of this Order. 7. If any event, including but not limited to an act of nature, occurs which causes or may cause a delay in the achievement of compliance by the Respondent with the requirements or deadlines of this Order, the Respondent shall so notify ADEQ, in Page 7of10 Flushing Meadows Water Treatment, Inc. CAO writing, as soon as reasonably possible after it is apparent that a delay will result, but in no case after the due dates specified in this Order. The notification shall describe in detail the anticipated length of the delay, the precise cause of the delay, the measures being taken and to be taken to minimize the delay, and the timetable by which those measures will be implemented. 8. ADEQ may grant an extension of any provision of this Order, provided that the Respondent requests such an extension in writing and provided that the delay or anticipated delay has or voll be caused by circumstances beyond the control of and without the fault of the Respondent. The time for perfonriance ,may be extended for a reasonable period but in no event longer than the period of delay resulting from such circumstances. The burden of proving that any delay is caused by circumstances beyond the control of and without the fault of the Respondent and the length of the delay attributable to such circumstances shall rest with the Respondent. Failure to notify the ADEQ promptly, as provided in the preceding paragraph of this Section, shall be grounds for a denial of an extension, 9. All submittals required by the Order and Agreement are subject to approval by ADEQ_ Unless otherwise specified herein, in the event of any deficiencies, Respondent shall, within the timeframe specified by ADEQ, submit any additional information or changes requested, or take additional actions specified by ADEQ to correct any such deficiencies. Failure to adequately respond to such Notice of Deficiency (NOD) within the timeframe specified in writing by ADEQ constitutes a failure to meet the requirements established by this Order. 10. This Order is subject to public review and comment in accordance with Ark. Code Page 8 of 10 Flushing Meadows Water Treatment, Inc. CAO Ann. § 8-4-103(d) and APC&EC Regulation No_ 8 and shall not be effective until thirty (30) calendar days after public notice is given. ADEQ retains the right to rescind this Order based upon the comments received within the thirty -day public comment period. Notwithstanding the public notice requirements, the corrective actions necessary/ to achieve compliance shall be taken immediately. The publication of this Order shall occur on or about the 10th or 251h day of the month following the date this Order is executed. As provided by APC&EC Regulation No. 8, this matter is subject to being reopened upon Commission initiative or in the event a petition to set aside this Order is granted by the Commission. 11. Nothing in this Order shall be construed as a waiver by ADEQ of its enforcement authority over alleged violations not specifically addressed herein. Also, this Order does not exonerate the Respondent from any past, present, or future conduct which is not expressly addressed herein, nor does it relieve the Respondent of its responsibilities for obtaining any necessary permits. 12. As provided by APC&EC Reg.8.615, the Request for Hearing in this matter is hereby withdrawn and the filing of this Order shall close APC&EC Docket No. 15-001- NOV without further Commission action. 13. By virtue of the signature appearing below, the individual represents that he or she is an Officer of Respondent, being duly authorized to execute and bind Respondent to the terms contained herein. Execution of this Order by an individual other than an Officer of Respondent shall be accompanied by a resolution granting signature authority to said individual as duly ratified by the governing body of the entity. Page 9 of 10 Flushing Meadows Water Treatment, Inc. GAO 08t7T-8SZ-TOS :auoyd woa-l!ecu a!q:)p-zo :I!ew-3 uewaley:) ZTOZ'8 TTOZ'888 sesuelay aajoa8 anllnaax3 'A;leaB sia}e/N'8 siale/N 03O/uewa!e40'8uuaau!8u3 punoS 81.431.11 «z0» ouAe/N laoddns panu!luoo anoAaoj ule8e sjuegj •suolje;aadxa Ile paaaxa II!M am'Alasop Sui lioM Aq pue leo8 ino s! sl41 •sajejs 8u!punoaans pue sesue�jv u! asla SulyJAue IeAla 01 uolslnlpgns e aq II!M sl!eal aqj anallaq I •aej os pap!Aoid seq }}e}s Alp aaljua aqj pue euuod 'noA dlay aqj Ile alepaidde Alleaa8 I awoa of saeaA Auew aol jo pnoid aq pue jaoddns II!M auoAaana uolslnlpgns ale8 Jsal j e aneq 01 aapao ul sioggSiau ino pue Al!:) aqj qj!M Alasop lioM 01 papaau si aw!} ealxa aliM a 1egj juappoa laal aM •palsanow I!waad asn leuo11lpuoO pue 214d waol — Suo3 ayl sapnpul isanbaa slyl •8ulJeaH uolslnlpgns 4;ti aunt ay} jo} palnpayas Alleul8ljo •uoISIAlpgns sl!eal ay; aol juawialap alaAO a aol isanbai Aw se I!ewa slyl jdane aseald •Aepol dlaq anoA aol noA Muegi 'euea pa}senbai luawaaIap @PAD uolsslwwOD 6uluueld :43afgns euuod 'sawer :3:) euea 'AauaeD :ol Wd LO:V S LOZ '6Z AeIN 'Aep!a3 :4uas <wo:)•I!ew6 npa!y:)la-zo> aly:)!d zo auAeM :uaoa3 euea 'Aauae:) }uawdolana(] pue 6uluueld Jo ao}aaJ!Q IISUAZoB /(uol -06Lt,-1 L£ le }}els 6uluueld ayj of pajoei p aq pinoys s1sanbei uoilewaolul -pooyaoggbieu a!ay} }oage Aew jeyj sanssi jo we me aae suolieloosse pooyjogy6ieu leyl ainsse of japio ui pep!noid si ao!jou s!yl -a�ep Buueaq Mau s/q1 of 6uueaq ai/gnd '9k0Z 'ti aunf, aq/ woaj peijejap seM wadi sigl -1sanbai uoi4eoi/dde sigp jo paypou I(/sno/naad aaam noA -W'd 00-.t7 le 9 �OZ '9 � Alnp uo 'IaejlS weq�jel�l IsaM 009 'IIeH A1!0 'aooll puooes `saagwey0 sao}oaa!(] jo pjeo8 �po�:] apq eql u! uolssiwwo0 6uiuueld -21'l eqj Aq play aq Ipm 6uueeq ollgnd y -luewdolana(] pue 6UIUueld 101uaw�jeda(] ayj ql!m pag ueaq sey kpadoid anoge ayj jo 1!wjecj asn leuoii!puo0 pine juaw ❑Ian@❑ buiuoZ pauueld a aol uoljeolldde ue -LVH1 N3AIJ A83213H SI 3011ON 08t,�'89Z' �05 .oul 'suo1Jenouu1 paysealun a!yo!� a� 1Md011ddd/A8 03NM0 peo�j anoaO lnuleM jo 1se3 pue uolslnlpgnS sumo(] 1pueg0 ayj 10 }saM peo�l s!ueN }o ap!s glnos ayj uo paleool -.SS3I JJGG d 210 NOLLVOOI ]V 13N39 !n!pgns mau ayj anaas 01 wa}s s 1uawIeaal aajemajsem e a01 I!waad as(] Ieuo!}!puo0 e molle pue sjol I!wel-aI u!s 66Z olul saJoe tql 10 uo!s!nlpgns aqj molle of Isan aae y-t,t06 -Z '8 t t,06-Z IPJad asn Ieuo!1!puo3 pue 2]-(]d waol- uol I!eJl aql .1S3f1Dai WZZL 2JV V021 alPl 00£Z pS, 'anuany lol!de0 jsaM OOZ :SS32i(lov an! S 1HEI NOI1N3llt� s uiuua(' aspu!l 1y !M Ol gl OZ 0� aunt :31b'(] Cl Nb'l JO lN3WdOlAA3(] 2JO 3ONVHO 3sn `d �103 1S3no321 `d NO NOISSIWWOO JNINN`dld NOM1 3lllll 3Hl 3210,138 ONI�IV3H onond 30 30110N uols!nlpq�S E9B9 LLE Jo SEbE ssE (LKCLXLOZZOLssesuVW N3oa (]tun pue 6uluoZ 3aai1S wegNJEW 3saM EZL 6uluueld juewdolanaa pue 6uluueld jo ;uatupedea ijooa oilli1 jo A113 PHILLIP LEWIS ENGINEERING, INC. Structural/Civil Design 2701 Kavanaugh Blvd, Suite 200 Little Rock, Arkansas 72205 Again, I do appreciate the opportunity to present The Trails and look forward to working hand in hand with the City of Little Rock and Pulaski County in making this unique development a reality. Sincerely, Phillip Lewis, P.E. c.501.350.9840