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Z-4411-C Application 3
09/25/2004 12:11 9211668 WHITE DATERS PAGE 01/02 © WHITE - DATERS & ASSOCIATES, INC. E 24 Rahling Circle E3 Little Rode, Arkansas 72223 August 25, 2004 Ms. Donna James Subdivision Administrator Planning and Development 723 W. Markham Street Little Rock, AR 72201 Re: Pleasant Ridge Town Center, PCD Application Z-4411-D Ms, James: As per your request, we are providing the following b*rmxation regardiAg the above referenced project: 1. Pleasant Ridge Development Company (PRDC) would like to measure the setback along Mghway 10 at 47 feet from the old right-of-way Una. 2. The two front hardscape development signs will be in walls that will be 6 feet in height. The signs will be 20 feet in length and the lettering will be a maximum height of 24 inches. 3. The front development sign will be 100 square feet in area and 10 feet high. 4. The two restaurant signs along Highway 10 will be 72 square feet in area and 6 feet high. 5- The development sign on Fairview Road will be 64 square feet in area and 6 feet high. 6. The development sign at the rear entrance will also be a hardscape sign as described in item 2. 7. PRDC will leave an undistwrbed buffer along the southwest corner of the development, which is the section closest to Cedar Branch as shown on the attached sketch. At this time we'd also like to request :release of the Grading Permit when PRDC has a signed lease with the anchor tenant. Please tat us know in writing if there is any other information you would like to request. Thank you for your time and attention. Simcercl , e D. te, Jr. CIVIL ENGINEERING, LAND PLANNING S DEVELOPMENT. SURVEYING OCT-OT-04 14:28 FROM -Rector Phillias Morso 601-684-0104 T-024 P 001/002 F-287 Lector Phillips Marne 800 Prosper; 13011dJng,1501 North t;nivervity, little Rock, Arkansas Mail AsdreSZmP.O. Box 7300, Little Rork, Arkansas 7-1217 (301) 664-7807 Pax (501) 66"104 October, 2004 Planning Commission Members City of Little Rock Via Fax 0-199-3435 RE: Pleasant Ridge Town Center Ladies & Gentlemen. Arkansas Realtors Assodation Certified Cotrttnerdal•Investment Member (IrdividuW Member) Cotnmerclal-Invistatcrit P cW Eeute Institute Institute of Real Estate iv1anagemeM IntematiorW Coancil of ShoppingCcnmm Little Rock Realtors Association National Association of Realtors Realtors National Mfirketing Institute Society of Industrial and Offica Realtors (individual Mena) Warnena Coancil of Rasltara This letter represents the position of the Board of Directors of Easter Seals Arkansas. Easter Seals has a campus adjacent on the south to the proposed Pleasant Ridge Town Center development. We oppose the south entrance/exit of the center on Woodland Heights Road, The south access will concentrate the shopping eentax's traffic at Easter Seals oanlpus, When we left last month's Planning Commission meeting, we were comfortable with the site development, having been told chat the south access had been withdrawn from the site plan. I personally followed this up by visiting with Planning Staff approximately one week (or less) ago. At that time, I was told that the site plan had not changed and that there was no planned access directly onto Woodland Heights Road. Late yesterday afternoon, we learned that Planning Staff was recommending that this access be added back to the site plan. We strongly oppose a Woodland Heights entrance and exit into the shopping center. Woodland Heights Road presently semices an extensive residential neighborhood, several office buildings, a Montessori school, a church and a large church school in addition to the Easter Seals campus. It should not carry the additional traffic from a 300,000 square foot shopping center. Easter Seals feels the south access poses not only a traffic safety threat, but also a security problem to its campus. Easter Seals campus employs approximately 400 people ... 300 of whom = present dosing an average day. But more importantly, on any given day it serves 85 adults with disabilities, 86 pre- school children, 35 outpatients, 10 adult residetns and 20 childrm in its after-sehaol prmgram. In addition, 40 children with disabilities actually reside at the campus while tbcy are in various rehabilitation programs. OCT-07-04 14:28 FROM -Rector Phlliias Morse 501-884-0104 T-024 P-002/002 F-287 These children anti adults add up to a total of approximately 275 clients daily, and akmost all of them }nave physical or developmental disabilities, or a combination of bcth. Added to the daily workforce, Easter Seals generates approximately 450 trips daily an Woodland Heights Road. Woodland Heights and its intersection with Rodney Paritvra and Pleasant Forest cannot handle the additional traffic of a shopping center. This tare: -sway, offset "sntexsecticn is a confusing bottleneck with its present traffic load. Additional traffic will be a monumerttal problem. Easter Sails picked its campus site because it was out of mainstream traffic; and because its location was convenient, but "out-of-the-way' for reasons of security for the disabled adults and children it serves. Mr. Schickle told me on several occasions that he prefers this south access, but that is not required, Just this morning he stated that his anchor store, Parisian, does not require the access and really doesn't feel it affect$ them one way or another. Please, if this access is not critical to this development, do not recommend or require it. Please do just the opposite... strike it from the site plan and require that it not be constructed. Sincerely, L. Burnett far lrasters $gals Arkansas Tl M w cc ]L Pu cm /1 �r 0 CCCN Z •RVo V � adJNOE Zvi .. fn rcp 7¢ 7 o-r Q �o o r:«r C W H a N1 N U) N Q r- od y U) m N I C la W ` Y G c � FW- c _ I 3N OEM m m m - m a a 0 0 orj) r� o .q rqa -W m � aa) o p o -S +� o j` U [!� N O N a1 r-I X+ Qi +J }4 41Ax ari o +J a O aEai v 410 0 O� a Page 1 of 1 James, Donna From: Carney, Dana Sent: Monday, August 23, 2004 7:51 AM To: James, Donna Subject: FW: proposed rezoning -----Original Message From: Gambels [mailto:ricknkaren@aristotle.net] Sent: Tuesday, August 17, 2004 9:29 PM To: Carney, Dana Subject: proposed rezoning I am writing to express my opposition to the proposed rezoning of the Summit Street area and development on Hwy 10 across from Walton Heights. I would like to urge the planning commission and the board to maintain the current commercial boundaries for that area. Just because Walmart now exists, we do not have the give up on Hwy 10 being something more than miles of mega -commercial establishments, Thank you. Karen Gambel 11073 Bainbridge Drive Little Rock, AR 72212 8/23/2004 Jtiv-, r i August 11, 2004 Little Rock Planning Commission Little Rock Department of Planning & Development 723 West Markham Street Little Rock, AR 72201 Re: Shopping Center Project at Cantrell & Pleasant Ridge, West Little Rock I am a resident of Pleasant Valley subdivision. I oppose and request the Commission deny approval of a shopping center project proposed by Schickel Development Company. This project will add considerable traffic to a prime residential area, Pleasant Valley. The traffic will flow from Rodney Parham and Pleasant Forrest Drive onto several Pleasant Valley side streets ---Fairway, Doral, Valley Club, Rockey Va ley and Hidden Valley. This traffic presents a safety issue, as there are many young children in the area. This traffic, part of which will come from shopping center "congregations", will increase "farming" in our neighborhood and will cause more autos being vandalized. Fire protection response time will decrease as an increased traffic flow on Cantrell and Rodney Parham will produce gridlock. The next thing will be a zoning request for waiver so that a gas station could go in at the already congested corner of Pleasant Forrest and Rodney Parham, a location touching Pleasant Valley property. A commercial project depresses the value of prime residential property. The developer's interest must not be permitted to override the interests of about 1,000 property owners. you. L. Lake 3tuw-- �T, t LR Planning Commisssion 723 W. Markham Little Rock, AR 72201 Dear Planning Commission, Please, please do not allow the re -zoning of the property on Hwy 10 which backs up to the Pleasant Forest Subdivision. We live in Pleasant Forest and are raising our children there. They have learned to ride their bikes, to roller blade, and ride their scooters, to play pick up basketball on our neighborhood streets. Please do not destroy our neighborhood by taking it away from us and giving it to another developer. If you allow this re -zoning we will have cut through traffic making it impossible for our children to do the things children do. Where will my children be able to safely play now? We (the adult tax payers) will have problems just backing out of our driveways or exiting the neighborhood. Our streets will no longer be quiet and our entire neighborhood will be less desirable. Our property values will decrease. With just the thought of this encroachment my home is less desirable to me so what would it be to a potential buyer? This plan has a back entrance in our neighborhood, so the wear and tear on our streets will be major as well as hazardous. I was recently in downtown Little Rock during the week and was totally amazed at the vacant buildings. I see all these vacant buildings where the occupants have re -located out West. (We moved to West LR to get away from the commercial areas that keep encroaching upon the neighborhoods.) Before you allow a developer to destroy another neighborhood, why doesn't the planning commission make the developers responsible for the vacant buildings and eyesores? Why don't we have a set rate or percentage of if this many buildings are vacant, then we don't even consider destroying more of the environment and neighborhoods? Give major incentives for occupying a current existing vacant building. Please say no. We don't need the traffic nor do we need another place to shop. One commercial building in this same area has sat vacant for over a year. Why do we need more? Sincerely, 3 ' Pharis 29 Rio Grande Forest Little Rock, AR 72212 JONATHAN T. LANE C. DANIEL HANCOCK Attorneys at Law LAW OFFICES HANCOCK & LANE 300 SPRING STREET SUITE 220 LITTt,EROCK, ARKANSAS 72201 August 20, 2004 Mayor Tim Dailey Little Rock City Hall, Rm. #203 500 West Markham Little Rock, Arkansas 72201 Re: Rezoning Issue (Between Fairview Road and Woodland Heights) Dear Mayor: TELEPHONE (501) 372-6400 FACSIMILE (501) 372-6401 Email: jtlane@jusiice.com Email: hancock@justice.com It has been brought to my attention that there is a proposal to rezone the above -referenced from suburban office to commercial. As a Property owner at 11819 Fairview Road my family and I will be directly affected. First, I am concerned about the amount of traffic the proposed development will produce. Since I live on what would be an access road to the shopping center, I anticipate traffic to increase substantially and be present at all times of the day. The presence of the amount of traffic I anticipate if the rezoning is approved creates a potential safety risk as well as a nuisance to not only my family, but to all property owners in the Cedar Branch Subdivision. Secondly, since a perimeter of the proposed shopping center would be within one hundred feet of my house, I anticipate my property value and the other surrounding property values to depreciate. Under the current proposal my front yard would face the loading docks of the proposed stores. Additionally, the construction would create noise, dirt, and heavy equipment use in the Cedar Branch Subdivision for an extended amount of time. After attending two meetings specifically had to discuss this proposal, I am of the opinion that the developer (Lou Schiekel) lacks the knowledge, commitment, financing and wherewithal to complete this development so it would be beneficial to the City of Little Rock. As such, the request to have the property rezoned to commercial should be denied. I appreciate your attention to this matter and anticipate addressing this issue in more detail at the August 26, 2004, hearing. Sin"ceerrely., ' `H cock r d, �^ - 'v'• �+t,�,• ',.l^8'r. "::;'��:"�� �+,s-�t.�:MsSS'-4;vi.-`=3`z•••. �>;S� � '�-'. �:{ mow: ti . -- { @, r. , no AMR m is Pl tnain� and Develd . i iit' I - ��. �iS�xJ1Ji� �L .-...�nNa.=.. .. .. .. �..:.�...� :s.. ,t •.t • �� _k•:� _ pt y n• r 174 r r l.�T a� .. ; �,;ryX ..'i1:��;"✓ ..,.� ..r�, l.,,_ y��1r .'..t 'y.�'.�'., ..-: J;:��4'•-. 19 ev one No. 617 Date f h':'y`bA FOR PE' RSONS — - : �_ - �;�c, :• ' •fir .z�~�•� :: �, sfa q cm x 4 l ..lIr AT ti s�^py y� ��'�g •�?]={��•gt ry Vim' FOR PERSONS Ig ISM a � Dv IE L'LA UP 1 j ' bi �.;. u, ;- TT '1r 's •r4 '"" r� . •�p t. R, �„� • �; _�..: r Ail t. ^: �+t; ' Name �4 dotSq. o r� Date ..y G woo FOR- EI�SONS W W. . leMv y �� W. -for W_P� ��� r .d'��i.�'._se:,•.•._-. �1�.3.."-_:r::,'..L'�:yir..:iia�le3.:>+;a �� '� `�'' �" .. _`� _�.«:;: �-- ��' � .� cc: Bruce Moore, City Manager Little Rock City Hall, Rm. #203 500 West Markham Little Rock, Arkansas 72201 ny Bozynski, Director Little Rock Dept, of Planning & Development 723 West Markham Little Rock, Arkansas 7220-1 ' Brad Cazort, Db. OfDir._Ward 4 Little Rock City Hall, Rm. #203 500 West Markham Little Rock, Arkansas, 72201 Bob Turner, Asst. City Mgr. Little Rock City Hall, Rm. #203 500 West Markham Little Rock, Arkansas 72201 Guy Lowes, P.E., Director LR Public Works 701 West Markham Little Rock, Arkansas 72201 . . . . . . . . . . . . ft.RWNS ANNING COMMISSION -d _T a it v ftilix V "i"n lrj~ W to ip k4bout item 9 -0 WL r -N VM f- 7 'A d d r 7.1 U0,31 T le Phone. 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No. .: . i Y - e:®a.- �v - ' �": `fry � - _ i_ ;x,.�• n ILI . at'f:.. _• r f�;. -� `'.-.#ice- . _. �gg�ygyg�.ggq�q�p�ry�-fqfqf! OMNUSSION "' iu d me in. the P � 13ev��pment Office, 723 L I wish to speak about item 1� � � �] � an the agenda. E I nm appal for Name Address ~ 2Lo " o� Telephone blot Item p for µ niame AL Addr s }` - -Telephone NOR. z Dam wax ' �. •. ..._.�- ,4 .Y `'•'�.i��i�i::��...--:5+'..�f[�FY�+e,���f-eJic.4i1wYi.�4Si�i0titif�'�/�117� .. I ,OpPOsed Addresa x, '= Telephone NO. �-e r.y�,.--.r-^».r�:� ter:,.--..r..•'r•r••.....�•,r:,Kic:'3R'nrls�rrnsa+'c^+r�� {}, , �-_.�-..=-.,T..._.....�"=r •.ti*.` � � ..... ATI�•. �Ze. atr. - j - .iy-- Rr':17. t'.. r fix_. ',.;+..i r,.rr-.;&•,'s E a- iv14 " nl 4-6 V = for. 'VIM Tx i Name 1 :j.• _ Addms f Daft >$• ... 'fir' ": M�g'l..� "K��+.YM• � "ji -.Ys-"�:F"Z.?•:-�':�:fisr...-.:'�uc�•,,••�,•;f -•:y ,�;, ".��" '. � '..•. ._ .-�, 41 i; . . w,�-i1'�-cep„ '''c � ��i."]r .". ,_ .; p"q. . -. • ":r _T� "'�f r.� • '� � • b� €. � � #4C P gad �xeia Item meat PRO T ism - Iowa Q� #!� . ..:•_ d9R��� a f� 6. lute .:.•'�'y-:::�--�Wk.SRY:::Ss�:+�i'r.��..��!"•J��]dk'3r�a^'.:+�:.w�t•: r..Er�'k �...h.::'rti�..�..'5:. FOR �I^ _ T91cphone No, Fa' �.� �M1v3J4.`�• • � :.�•' � .. _ .fir. -L "•f �'•{;��. Is �f,•r�,. JL YS.�. � -- ar,• • [•k[! np �A o#6e"PI fI D'edo� t 723 #10 }the �geudv� affi .. - `ko •' el - U1_ �irri � _'lam: ?1..... ... '•� REGSTRATki` ■may■ yyy �y /��y�}ry �r** ���ly�} ■/�� ■y. ��/�■ {�y�7��•��r =yT N �LJ A.�3 V M+�1 Y V V •i�+�ii�/. ! jYcst sny,time Dev7opa. �h S k about Item # a � s - am Opposed .:�M. Name Addr"s _ T ep�aone No. Date ca .f, � s'. i'..� rig _- -�y �', � :• ,'�� -.9:: i;.r f - .. .. �,1•,'i �i:1:'�.�-�Sr: .,�'.. r.�:f: .. - '�'w+.;'r�+G-`�. 'i•°'�'�• 4•yi:_ �+� �a -4�A Fii"�'-����}-r•_ • .3�"-' 's�:. -: w=A :•r,�-i+e ..;ice;. ..i. J,— - .: f�: .q`r_�r [" :Y� RL16,16 th al it ##office,'' h to on the age''ndai. r JAV.: -Adis � � • � � � •�� � � � :,�,•:,==� � ; . Tdephoar No. REGIS T9 MR 11 W. UNS G TO ADDRFS9. 17., SION ia the pil;IIIInaii Dc���a�gt c, ;si =x; - ......... ........ - - - - - - - - - - - - at it'. Ain �he agvldo� i. for Ax. A 7 ddrew �U W, pk t ir City of Little Rock LR Department o Planning an eve opmert Planning Zoning and 723 West Markham Subdivision Little Rock, Arkansas 72201-1334 (501) 371-4790 FAX COVER SHEET 90%a DATE: TO: COMPANY: FAX NUMBER: PHONE NUMBER: FROM: DIVISION: FAX NUMBER: (501) 399-3435 PHONE NUMBER: (501) 3,-?1, &3c)4 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: COMMENTS: PLEASANT FOREST PROPERTY OWNERS ASSOCIATION P. O. BOX 21214 LITTLE ROCK, AR 7222 1 - 1 214 August 31, 2004 Mr. Guy Lowes, P. E., Director LR Public Works 701 W. Markham Little Rock, AR 72201 Re: Pleasant Ridge Development Traffic Study Dear Mr. Lowes; The traffic numbers and model provided by the consulting engineer were based on a study conducted this summer and dealt with the original site plan configuration. This involved 270,000 square feet of retail with a curb cut at the southwest corner on Fairview Road and a portion of Summit Road still existing. There obviously is more traffic on Cantrell during school days and the plan now consists of 300,000 square feet of retail which I understand would equate to 11% more site generated traffic. The curb cut and the portion of Summit Road no longer exist. Existing traffic on Cantrell combined with site generated traffic has been and still should be a critical concern until the traffic study reflects the impact of the higher numbers. Additional congestion on Cantrell would be harmful and, as you know, also result in more cut through traffic on Pleasant Forest Drive. We feel updated figures should be reviewed prior to the deferral hearing to make sure the gridlock we assume may have been averted with the recent changes is not still lurking out there. We would also be interested in the updated evaluation when it becomes available. Res p tfully, 1 Craig Williams President, PFPOA, 224-6651 cc: Tony Bozynski, Director, LR Planning & Development Bruce Moore, LR City Manager Brad Cazort, LR Board of Directors -Ward 4 Supplemental Materials On Pleasant Ridge Development (LA04-01-04 and Z-4411-D) For Little Rock Planning Commission Submitted by Craig Williams On Behalf of Concerned Neighborhoods September 29, 2004 Index Requested Variances from Municipal Codes • Slope Cut Double the Maximum Allowed • Pre -Grade Without Imminent Construction • Pre -Grade Adjacent Land Without Development Plan • Less Than Highway 10 Overlay Front Yard Minimum • Exceeds Highway 10 Overlay Number of Signs Pertinent Reference Materials Municipal Codes — Purpose, Intent, and Requirements Chapter 29 Excerpts Chapter 30 Excerpts Land Use Definitions Letter Referencing Cantrell Traffic Conditions Intersection Level of Service Definitions Rear Street Neighborhood Traffic Flows Chapter 29 STORMWATER MANAGEMENT AND DRAINAGE* Page 1 of 1 Chapter 29 STORMWATER MANAGEMENT AND DRAINAGE* *Cross references: Buildings and building regulations, Ch. 8; landscaping and tree protection, Ch. 15; fills for storm sewers, drains, etc., § 30-166; subdivisions, Ch. 31; zoning, Ch. 36. State law references: Authority to legislate on matters pertaining to municipal affairs, A.C.A. § 14-43-601 et seq. Art. I. In General, §§ 29-1--29-35 Art. 11. Stormwater Management and Drainage System, §§ 29-36-29-60 Art. III. Stormwater Management and Drainage Plans, §§ 29-61-29-85 Art. IV. Design Criteria and Performance Standards, §§ 29-86-29-145 Div. 1. Generally, §§ 29-86-29-95 Div. 2. Design Criteria, §§ 29-96-29-125 Div. 3. Performance Standards, §§ 29-126-29-145 Art. V. Bonds, Maintenance Assurances and Drainage Approvals, §§ 29-146-29-165 Art. VI. Land Alteration Regulations, §§ 29-166-29-195 Div. 1. Generally, §§ 29-166-29-185 Div. 2. Grading Permit and Grading and Drainage Plan, §§ 29-186-29-195 ARTICLE VI. LAND ALTERATION Page 1 of 10 ARTICLE VI. LAND ALTERATION REGULATIONS* *Editor's note: Section 2 of Ord. No. 18,361, adopted Sept. 26, 2000, deleted Art. VI in its entirety and enacted similar provisions to read as herein set out. Former Art. IV derived from Ord. No. 15,243, adopted Feb. 17, 1987; Ord. No. 15,833, adopted April 3, 1990; Ord. No. 17,697, adopted March 17, 1998; and Ord. No. 18,246, adopted March 28, 2000. Cross references: Buffers and screening, § 36-520 et seq. DIVISION 1. GENERALLY Sec. 29-166. Penalty. Any person convicted of a violation of any of the provisions of this article shall be punished as provided in section 1-9. (Ord. No. 18,361, § 2, 9-26-00) 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. 18,361, § 2, 9-26-00) Sec. 29-168. Purpose. The purposes of this article 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. (4) To safeguard the safety and welfare of citizens. (5) Establish reasonable standards and procedures for development which prevent potential flooding, erosion and sediment damage. (6) Prevent the pollution of streams, ponds and other watercourses by sediment. ARTICLE VI. LAND ALTERATION Page 2 of 10 (7) Minimize the danger of flood loss and property loss due to unstable slopes. (8) Preserve natural vegetation which enhances the quality of life of the community. (9) To conceal hillside scars. (10) To preserve the contours of the natural landscape and land forms. (Ord. No. 18,361, § 2, 9-26-00) Sec. 29-169. General requirements. Persons engaged in land alteration activities regulated by this article shall take measures to protect neighboring public and private properties from damage by such activities. The requirements of this article, however, are not intended to prevent the reasonable use of properties as permitted by chapter 36 of this Code. (Ord. No. 18,361, § 2, 9-26-00) Sec. 29-170. Violation, enforcement and penalties. (a) Violations of any provisions of this article shall be punishable as provided in section 1-9 of this Code, except that the continuing violation provisions of section 1-9(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 or remedial action required under this article. Each required tree removed or improperly preserved or any other activity proscribed by this article 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 article without obtaining a grading permit, shall be required to restore the land, to the maximum extent practicable to its original condition. (d) When a violation of this article 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 article which are determined to be violated and shall include the time and conditions under which the violation(s) shall be corrected. If the responsible party has been issued other written orders within the previous twelve-month period, the notice may require the violation(s) to be corrected within twenty-four (24) hours. If, the city official determines the current season of the year is not conducive to sustaining life for trees, the time compliance with these provisions may be extended for not more than one hundred twenty (120) days. (e) The responsible party shall have a maximum of thirty (30) days from the date of the written notice to appeal to the planning commission as provided in section 29-195. (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 building permit and certificate of occupancy. Additionally, when the city official determines that an emergency exists, 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 ARTICLE VI. LAND ALTERATION Page 3 of 10 competent superintendent capable of reading and thoroughly understanding the plans, specifications and 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, 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 developer shall require mitigation by the responsible parties. (Ord. No. 18,361, § 2, 9-26-00) Sec. 29-171. Conflicts. Where provisions of this article conflict with any other ordinance, regulation, or resolution of the city, the most stringent provision shall be enforced. The provisions of this article are considered minimum requirements. (Ord. No. 18,361, § 2, 9-26-00) Secs. 29-172-29-185. Reserved. DIVISION 2. GRADING PERMIT AND GRADING AND DRAINAGE PLAN Sec. 29-186. Grading permit required. (a) Any person proposing to engage in clearing, filling, cutting, quarrying, construction or similar activities regulated by this article shall apply to the department of public works for a grading permit as specified in this article. A landscape permit as required in chapter 15 shall be obtained from the city before constructing or expanding a vehicular use area. Additionally, a permit is required when expanding or rehabilitating a building and landscaping is required under this article. Except as otherwise provided in chapter 15, the responsible party shall not allow the removal of more than seven (7) trees within any given twelve (12) month period without first obtaining a grading permit. The city official may exempt the need for the permit on a limited case -by -case basis. No land shall be altered or cleared to the extent regulated in this article unless approved by a permit. (b) No land alteration shall be permitted until all necessary city approval of all plans and permits, except building permit, have been issued and construction is imminent. Clearing and grading for streets and drainage improvements may be done on residential subdivisions provided the preliminary plat has been approved. In those cases where filling or cutting in areas with no trees is to be done, the area is to be graded suitable for mowing and shall be revegetated. If building construction has not commenced and diligently pursued within eight (8) months of plans approval, then all landscaping and tree requirements in the buffers shall be installed, unless the city official determines that the existing buffers on the site meet the landscape planting requirements of chapter 15 of this Code. ARTICLE VI. LAND ALTERATION Page 8 of 10 Sec. 29-190. Grading and drainage plan requirements. Preparation of grading and drainage plans shall follow the stormwater management and drainage manual and shall be designed on the basis of the following considerations: (1) A maximum of thirty (30) vertical feet of fill or excavation (three (3) ten -foot vertical terraces, or two (2) fifteen -foot vertical terraces) is permitted, however additional development areas may be constructed a minimum of one hundred fifty (150) feet in width and at a slope of no more than eight (8) percent. The maximum of thirty (30) feet of fill or excavation may again be utilized. a. The depth of fill or excavation shall be measured from the finish grade elevation to the original ground line elevation. - b. No more than two hundred (200) feet of terrace can be in a straight line and a minimum of a ten (10) feet curved section, jog, or offset is required for each additional two hundred (200) feet of terrace. C. For excavations or fills constructed with slopes flatter than 3:1 (three horizontal to one vertical), terraces are not required nor is there a limit on the height of cut or fill. Planting requirements on these 3:1 slopes shall be the same as required for terraces and shall be spaced uniformly over the slope. d. Cuts or fills shall be limited to ten (10) feet in height or to fifteen (15) feet if architectural stone is included to protect the vertical face. A series of smaller cuts or fills with terraces, preserving portions of natural vegetation and providing areas for planting, shall be used in situations where more than ten (10) feet of cut or fill is needed. e. Terracing width shall be at a ratio of at least one (1) foot of horizontal terrace for every one (1) foot of vertical height, up to a maximum of ten (10) feet. Terraces shall be landscaped with dense evergreen plantings sufficient to screen the cut or fill slope. f. If the slope of the cut or fill is faced with an architectural stone wall, the terrace plantings shall be a minimum of two (2) rows of trees four (4) feet between the rows, staggered not more than twenty (20) feet on centers. g. Shrubs and ground cover shall be required in accordance with chapter 15 of this Code. (2) Development shall be planned to fit topography, soils, geology, hydrology, and other existing site conditions. (3) Provisions shall be made for safety against unstable slopes or slopes subject to erosion and deterioration. (4) Grading shall complement natural landforms. (5) After grading, all paving, seeding, sodding, or mulching shall be performed in accordance with a reasonable schedule approved by the city official. (6) Open areas not planned for immediate use shall be seeded or sodded. Soil which is exposed for more than twenty-one (21) days with no construction activity shall be seeded, mulched or revegetated in accordance with this Code. (7) Areas not well suited to development, as evidenced by existing competent Chapter 36 ZONING* Page i of 1 Chapter 36 ZONING* *Cross references: Adams Field Airport zoning, § 7-51 et seq.; buildings and building regulations, Ch. 8; landscaping and tree protection, Ch. 15; sexually oriented. businesses, § 17- 211 et seq.; planning and development, Ch. 23; planning jurisdiction (map), § 23-2; design overlay district --highway 10 scenic corridor, § 23-161 et seq.; stormwater management and drainage, Ch. 29; subdivisions, Ch. 31. State law references: Authority to legislate on matters pertaining to municipal affairs, A.C.A. § 14-43-601 et seq.; municipal zoning, A.C.A. § 14-56-416. Art. I. In General, §§ 36-1-36-50 Art. II. Administration and Enforcement, §§ 36-51-36-150 Div. 1. Generally, §§ 36-51-36-65 Div. 2. Board of Zoning Adjustment, §§ 36-66-36-80 Div. 3. Amendments, §§ 36-81-36-100 Div. 4. Conditional Use Review, §§ 36-101-36-125 Div. 5. Site Plan Review, §§ 36-126-36-150 Art. III. Nonconformities and Exceptions, §§ 36-151-36-175 Art. IV. Establishment of Zoning Districts and Zoning Map, §§ 36-176-36-200 Art. V. District Regulations, §§ 36-201-36-400 Div. 1. Generally, §§ 36-201-36-250 Div. 2. Residential Districts, §§ 36-251--36-275 Div. 3. Office Districts, §§ 36-276-36-295 Div. 4. Commercial Districts, §§ 36-296-36-315 Div. 5. Industrial Districts, §§ 36-316-36-335 Div. 6. Special Districts, §§ 36-336-36-342.2 Div. 7. Design Overlay District —Highway 10 Scenic Corridor, §§ 36-343-36-349 Div. 8. Design Overlay District —River Market Design Guidelines, §§ 36-350-36-367 Div. 9. Design Overlay District —Central City Redevelopment Corridor, §§ 36-368-36-384 Div. 10. Midtown Overlay District, §§ 36-385-36-410 Div. 11. Presidential Park Overlay District, §§ 3-411-36-434 Art. VI. Reserved, §§ 36-435-36-450 Art. VII. Planned Zoning District, §§ 36-451-36-500 Art. VIII. Off -Street Parking and Loading, §§ 36-501-36-519 Art. IX. Buffers and Screening, §§ 36-520-36-529 Art. X. Signs, §§ 36-530-36-570 Art. XI. Hazardous and Medical Waste Disposal Facilities, §§ 36-571-36-589 Art. XII. Wireless Communications Facilities, §§ 36-590-36-598