HomeMy WebLinkAboutZ-5459-C Staff AnalysisNovember 29, 2012
ITEM NO.' 8 FILE NO.: Z -5459-C
NAME: Forest Park Elementary School Pavilion —
Conditional Use Permit
LOCATION: 1600 N. Tyler Street
OWNER/APPLICANT: LRSD/Forest Park PTA
PROPOSAL: A conditional use permit is requested to allow for the
addition of a pavilion on this existing, R-2 zoned
elementary school campus.
0
3.
CI
SITE LOCATION:
The school campus occupies the block bounded by "O" Street, "P" Street,
N. Tyler Street and N. Polk Street. The pavilion is proposed to be located
on the southwest corner of the block.
COMPATIBILITY WITH NEIGHBORHOOD:
The school is located within a single family neighborhood and all of the
surrounding properties are occupied by single family residences. No
expansion of the school property is proposed. The pavilion is proposed to
be located on the existing school site, over an existing play area. Use of
the pavilion will be limited to school hours. The addition of the covered
play area pavilion should not affect the school's compatibility with the
neighborhood.
Notice of the Public Hearing was sent to all owners of properties located
within 200 feet of the site and the Prospect Terrace and Forest Park
Neighborhood Associations.
ON SITE DRIVES AND PARKING:
The addition of the pavilion will not affect the school's parking requirement
nor will it impact any existing parking.
SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
1. At the time of building permit, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy_
November 29, 2012
ITEM NO.: 8 Cont. FILE NO.: Z -5459-C
6. UTILITY FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the
water meter.
If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer's expense.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon installation
of the RPZA, successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and approved
by CAW. The test results must be sent to CAW's Cross Connection
Section within ten days of installation and annually thereafter. Contact the
Cross Connection Section at 377-1226 if you would like to discuss
backflow prevention requirements for this project.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route
6
November 29, 2012
ITEM NO.: 8(Cont.)FILE NO.: Z -5459-C
SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012)
The applicants were not present. Staff presented the item and noted there were
no outstanding issues. Staff informed the Committee that a neighboring resident
had called and asked if the proposed pavilion would affect the neighborhood's
continued use of the school playground. Staff stated they would try to obtain an
answer from the District.
Public Works and Utility Comments were noted.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Forest Park Elementary School occupies the entirety of the R-2 zoned City Block
bounded by "0" Street, "P" Street, N. Tyler Street and N. Polk Street. The site
contains the principal school building, a portable building and outdoor play areas.
Parking is located on the streets around the site. The school has occupied the
site for 100 years.
To commemorate the school's centennial, the school PTA and alumni of the
school are proposing to construct an open air pavilion on the southwest corner of
the site, over an existing play area. The pavilion will provide an opportunity for
outdoor play in times of inclement weather. The pavilion structure has been
designed to complement the historic nature of the school and to be compatible
with architecture in the neighborhood. The open -sided structure will have brick
and wood columns, a pitched -shingled roof and wood gable ends, siding and
trim. Waterproof drapes between the columns can be pulled shut to provide
screening from sun and rain when needed. The 70'X 40' structure will have
setbacks of 7 feet from the south ("0" Street) perimeter and 3'6" from the west
(N. Polk Street) perimeter. A covered walkway will connect the pavilion to a door
located on the south side of the principal school building. The pavilion will
contain no lighting and will be used in daylight hours, during normal operation of
the school.
A neighborhood resident asked staff if placing the pavilion on the site would
affect the neighborhood's access to the school's playgrounds on weekends and
other non -school hours. The District submitted the following response:
"The District generally allows public use of all of our playgrounds
afterhours. We do restrict vehicle access to parking lots at certain
schools where problems have historically occurred but do not
restrict the playgrounds. We anticipate no changes at Forest
Park."
3
November 29, 2012
ITEM NO.: $ Cont. FILE NO.: Z-5 59-C
To staff's knowledge, there are no outstanding issues. The pavilion is being
located over an existing play area, within the existing school campus. The
1904 bill of assurance for Mountain Park Addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the comments and conditions outlined in Sections 5 and 6 of the
agenda staff report.
Staff recommends approval of the requested setback variances.
PLANNING COMMISSION_ACTION: (JULY 19, 2012)
The applicants were present. There was one (1) person present in opposition and
several persons present in support. One (1) letter of opposition and one (1) letter
of support had been received. Staff presented the item and a recommendation of
approval as outlined in the "staff recommendation " above.
Chris East, of Cromwell Architects representing the school PTA, addressed the
Commission. He described the project and stated there would be no change in
use of the school site or the hours of use. He noted the proposed pavilion did
have a reduced setback.
John Shields, of 1619 N. Tyler St., spoke in opposition. He asked who had
proper authorization to pursue the application and questioned whether the school
board had approved the request. He also questioned if it was appropriate to
allow the pavilion with a portable classroom building existing on the site. He
asked if placement of the pavilion would affect future plans for expanding the
school. He said there was no hurry to act on the application and asked that it be
delayed.
Chris East and Dana Carney, of the Planning Staff, addressed the questions
raised by Mr. Shields. Mr. Carney stated an affidavit of authorization had been
submitted by the school district allowing representatives of the PTA to act as the
district's agents through this process. Mr. Carney read the following statement
from an e-mail from Wayne Adams of the school district: " You (the PTA) must
have the city planning department permission by way of a CUP before you can
submit a donation request to the LRSD to construct the pavilion. The PTA was
therefore given permission to request city approval for the pavilion they are
November 29, 2012
ITEM NO.: 8 (Cont.) FILE NO.: Z -5459-C
proposing to construct. Once the city approval is given, the PTA and school
principal must submit this proposal to the LRSD board for their approval and
provide any additional information that they request. We have already
determined that this structure is an enhancement and will not in any way interfere
with our long-term plan for an addition to Forest park to eliminate the portable
and to provide additional space for this facility."
Theresa Ketcher, principal of the school, spoke in support and stated the pavilion
was needed to provide covered outdoor play space.
Blair Allen, of 4710 Crestwood, stated he was a parent of children at the school
and the pavilion would be a positive addition to the campus.
Will Allison, of 1624 N. Harrison and husband of the PTA president-elect, spoke
in support.
Conley Golden, of 39 Beverly Place, spoke in support and presented a letter form
a neighbor, also in support.
There was no further discussion. A motion was made to approve the application
including all staff comments and conditions. The motion was approved by a vote
of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
At the July 19, 2012 Planning Commission meeting, a conditional use permit was
approved for a pavilion structure on the grounds of Forest Park School. The
information provided by staff included that there would be no lighting and the
pavilion would be open to the public. The Little Rock School District submitted
the following:
"The District generally allows public use of all our playground
afterhours. We anticipate no changes at Forest Park."
The Planning Commission's action was appealed to the City Board of Directors
by a record objector. The appeal hearing was scheduled for a September Board
meeting, but the item was deferred to allow the Little Rock School District Board
to take action on the proposed pavilion.
49
November 29, 2012
ITEM NO.: 8 Cont. FILE NO.: Z -5459-C
On August 30, 2012, staff provided the Planning Commission an update on the
pavilion because some changes had been made to the design of the pavilion.
The modifications included:
— Gutters and downspouts
— Security fencing and a gate
— Securing the pavilion with transparent doors on the north side, which
was not the final design. Prior to the Commission meeting, the design
was modified to include gates that could be locked after hours. (The
design with the gates was not included in the packet of information
provided to the Commission.)
— Overhead lighting in the pavilion
No action was taken by the Commission at the August 30, 2012 meeting.
The Little Rock School District Board approved a resolution at their September
27, 2012 meeting accepting "... from the Forest Park PTA a donation of the
preliminary plans for the project..." The resolution included the following
features:
1. The pavilion will be secured with gates which will be locked except
during the times Forest Park Elementary School is open or when the
pavilion is being used for LRSD or Forest Park Elementary School
Functions.
2. The pavilion will have electrical outlets and security cameras.
3. The pavilion will be lighted and the controls for the lights will be located
in the main building of the Forest Park Elementary School.
4. The project will have a gutter system and proper drainage sufficient to
ensure that the project will not have a negative effect on the water flow
in the southwest corner of the Forest Park Elementary School property.
Staff recommends the Commission approve an amendment to the approved
Conditional Use Permit to include as conditions the four items listed above and
part of the School Board's resolution. (The current design of the pavilion is
included with this agenda.)
R
November 29, 2012
ITEM NO.: 8 (Cont.) FILE NO.: Z -5459-C
PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as outlined in the staff recommendation
above. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff, including all staff comments
and conditions. The vote was 9 ayes, 0 noes and 2 absent.
7
SUBDIVISION COMMITTEE COMMENTS
JUNE 27, 2012
ITEM NO.: 3. FOREST PARK ELEMENTARY SCHOOL PAVILION
CONDITIONAL USE PERMIT - 1600 N. TYLER STREET Z -5459-C
Planning Staff Comments:
1. The 1904 Bill of Assurance for Mountain Park Addition does not address use issues.
Variance/Waivers.-
0
ariance/Waiyers:
■ Setback Variances
Public Works:
1. At the time of building permit, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-
way prior to occupancy.
Utilities and Fire De artmentICoun Planning:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the water meter.
If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work
would be done at the expense of the developer.
Contact Central Arkansas Water if additional fire protection or metered water service is required.
The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or
private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the
Developer's expense.
Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer
assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests
of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and
approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of
installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to
discuss backflow prevention requirements
for this project.
Fire Department: Approved as submitted.
ITEM NO.: 3. CON'T Z -5459-C
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
Planning Division: No Comments.
Landscape: No comment received.
Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Tuesday
July 3, 2012. Required notices are to be sent via certified mail to all owners of properties located within two
hundred (200) feet of the site no later than Tuesday July 3, 2012. The City -provided notice form must be used.
Proof of notice is to be returned to staff no later than July 13, 2012.
July 19, 2012
O.: 3 FILE NO.: Z -5459-C
NAME: Forest Park Elementary School Pavilion —
Conditional Use Permit
LOCATION: 1600 N. Tyler Street
OWNERIAPPLiCANT: LRSD/Forest Park PTA
PROPOSAL: A conditional use permit is requested to allow for the
addition of a pavilion on this existing, R-2 zoned
elementary school campus.
SITE LOCATION:
The school campus occupies the block bounded by "0" Street, "P" Street,
N. Tyler Street and N. Polk Street. The pavilion is proposed to be located
on the southwest corner of the block.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The school is located within a single family neighborhood and all of the
surrounding properties are occupied by single family residences. No
expansion of the school property is proposed. The pavilion is proposed to
be located on the existing school site, over an existing play area. Use of
the pavilion will be limited to school hours. The addition of the covered
play area pavilion should not affect the school's compatibility with the
neighborhood.
Notice of the Public Hearing was sent to all owners of properties located
within 200 feet of the site and the Prospect Terrace and Forest Park
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The addition of the pavilion will not affect the school's parking requirement
nor will it impact any existing parking.
4. SCREENING AND BUFFERS:
No Comments,
5. PUBLIC WORKS COMMENTS:
1. At the time of building permit, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
July 19, 2012
ITEM NO.: 3 Cont. FILE NO.: Z -5459-C
6. UTILITY FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the
water meter.
If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer's expense.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon installation
of the RPZA, successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and approved
by CAW. The test results must be sent to CAW's Cross Connection
Section within ten days of installation and annually thereafter. Contact the
Cross Connection Section at 377-1226 if you would like to discuss
backflow prevention requirements for this project.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATH: The site is not located on a CATA bus route
2
July 19, 2012
ITEM NO.: 3 Cont. FILE NO.: Z -5459-C
SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012)
The applicants were not present. Staff presented the item and noted there were
no outstanding issues. Staff informed the Committee that a neighboring resident
had called and asked if the proposed pavilion would affect the neighborhood's
continued use of the school playground. Staff stated they would try to obtain an
answer from the District.
Public Works and Utility Comments were noted.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Forest Park Elementary School occupies the entirety of the R-2 zoned City Block
bounded by "O" Street, "P" Street, N. Tyler Street and N. Polk Street. The site
contains the principal school building, a portable building and outdoor play areas.
Parking is located on the streets around the site. The school has occupied the
site for 100 years.
To commemorate the school's centennial, the school PTA and alumni of the
school are proposing to construct an open air pavilion on the southwest corner of
the site, over an existing play area. The pavilion will provide an opportunity for
outdoor play in times of inclement weather. The pavilion structure has been
designed to complement the historic nature of the school and to be compatible
with architecture in the neighborhood. The open -sided structure will have brick
and wood columns, a pitched -shingled roof and wood gable ends, siding and
trim. Waterproof drapes between the columns can be pulled shut to provide
screening from sun and rain when needed. The 70'X 40' structure will have
setbacks of 7 feet from the south ("0" Street) perimeter and 3'6" from the west
(N. Polk Street) perimeter. A covered walkway will connect the pavilion to a door
located on the south side of the principal school building. The pavilion will
contain no lighting and will be used in daylight hours, during normal operation of
the school.
A neighborhood resident asked staff if placing the pavilion on the site would
affect the neighborhood's access to the school's playgrounds on weekends and
other non -school hours. The District submitted the following response:
"The District generally allows public use of all of our playgrounds
afterhours. We do restrict vehicle access to parking lots at certain
schools where problems have historically occurred but do not
restrict the playgrounds. We anticipate no changes at Forest
Park."
3
July 19, 2012
ITEM NO.: 3 (Cont.) FILE NO.: Z
To staffs knowledge, there are no outstanding issues. The pavilion is being
located over an existing play area, within the existing school campus. The
1904 bill of assurance for Mountain Park Addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the comments and conditions outlined in Sections 5 and 6 of the
agenda staff report.
Staff recommends approval of the requested setback variances.
PLANNING COMMISSION ACTION: (JULY 19, 2012)
The applicants were present. There was one (1) person present in opposition and
several persons present in support. One (1) letter of opposition and one (1) letter
of support had been received. Staff presented the item and a recommendation of
approval as outlined in the "staff recommendation " above.
Chris East, of Cromwell Architects representing the school PTA, addressed the
Commission. He described the project and stated there would be no change in
use of the school site or the hours of use. He noted the proposed pavilion did
have a reduced setback.
John Shields, of 1619 N. Tyler St., spoke in opposition. He asked who had
proper authorization to pursue the application and questioned whether the school
board had approved the request. He also questioned if it was appropriate to
allow the pavilion with a portable classroom building existing on the site. He
asked if placement of the pavilion would affect future plans for expanding the
school. He said there was no hurry to act on the application and asked that it be
delayed.
Chris East and Dana Carney, of the Planning Staff, addressed the questions
raised by Mr. Shields. Mr. Carney stated an affidavit of authorization had been
submitted by the school district allowing representatives of the PTA to act as the
district's agents through this process. Mr. Carney read the following statement
from an e-mail from Wayne Adams of the school district: " You (the PTA) must
have the city planning department permission by way of a CUP before you can
submit a donation request to the LRSD to construct the pavilion. The PTA was
therefore given permission to request city approval for the pavilion they are
4
July 19, 2012
ITEM NO.: 3
FILE NO.: Z -5459-C
proposing to construct. Once the city approval is given, the PTA and school
principal must submit this proposal to the LRSD board for their approval and
provide any additional information that they request. We have already
determined that this structure is an enhancement and will not in any way interfere
with our long-term plan for an addition to Forest park to eliminate the portable
and to provide additional space for this facility."
Theresa Ketcher, principal of the school, spoke in support and stated the pavilion
was needed to provide covered outdoor play space.
Blair Allen, of 4710 Crestwood, stated he was a parent of children at the school
and the pavilion would be a positive addition to the campus.
Will Allison, of 1624 N. Harrison and husband of the PTA president-elect, spoke
in support.
Conley Golden, of 39 Beverly Place, spoke in support and presented a letter form
a neighbor, also in support.
There was no further discussion. A motion was made to approve the application
including all staff comments and conditions. The motion was approved by a vote
of 9 ayes, 0 noes and 2 absent.
6
July 19, 2012
ITEM NO.' 3 _ FILE NO.: Z -5459-C
NAME: Forest Park Elementary School Pavilion —
Conditional Use Permit
LOCATION: 1600 N. Tyler Street
OWNER/APPLICANT: LRSD/Forest Park PTA
PROPOSAL: A conditional use permit is requested to allow for the
addition of a pavilion on this existing, R-2 zoned
elementary school campus.
1. SITE LOCATION:
The school campus occupies the block bounded by "O" Street, "P" Street,
N. Tyler Street and N. Polk Street. The pavilion is proposed to be located
on the southwest corner of the block.
2. COMPATIBILITY WITH NEIGHBORHOOD:
3
C!
The school is located within a single family neighborhood and all of the
surrounding properties are occupied by single family residences. No
expansion of the school property is proposed. The pavilion is proposed to
be located on the existing school site, over an existing play area. Use of
the pavilion will be limited to school hours. The addition of the covered
play area pavilion should not affect the school's compatibility with the
neighborhood.
Notice of the Public Hearing was sent to all owners of properties located
within 200 feet of the site and the Prospect Terrace and Forest Park
Neighborhood Associations.
ON SITE DRIVES AND PARKING:
The addition of the pavilion will not affect the school's parking requirement
nor will it impact any existing parking.
SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORDS COMMENTS:
1. At the time of building permit, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
July 19, 2012
ITEM NO.: 3 Cvnt. FILE NO.: Z -5459-C
6. UTILITY FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the
water meter.
If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer's expense.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon installation
of the RPZA, successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and approved
by CAW. The test results must be sent to CAW's Cross Connection
Section within ten days of installation and annually thereafter. Contact the
Cross Connection Section at 377-1226 if you would like to discuss
backflow prevention requirements for this project.
Fire Department: Approved as submitted.
County Planning: No Comments.
LATA: The site is not located on a CATA bus route.
K
July 19, 2012
ITEM NO.' 3 (Cont.
FILE NO.: Z -5459-C
SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012)
The applicants were not present. Staff presented the item and noted there were
no outstanding issues. Staff informed the Committee that a neighboring resident
had called and asked if the proposed pavilion would affect the neighborhood's
continued use of the school playground. Staff stated they would try to obtain an
answer from the District.
Public Works and Utility Comments were noted.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Forest Park Elementary School occupies the entirety of the R-2 zoned City Block
bounded by "O" Street, "P" Street, N. Tyler Street and N. Polk Street. The site
contains the principal school building, a portable building and outdoor play areas.
Parking is located on the streets around the site. The school has occupied the
site for 100 years.
To commemorate the school's centennial, the school PTA and alumni of the
school are proposing to construct an open air pavilion on the southwest corner of
the site, over an existing play area. The pavilion will provide an opportunity for
outdoor play in times of inclement weather. The pavilion structure has been
designed to complement the historic nature of the school and to be compatible
with architecture in the neighborhood. The open -sided structure will have brick
and wood columns, a pitched -shingled roof and wood gable ends, siding and
trim. Waterproof drapes between the columns can be pulled shut to provide
screening from sun and rain when needed. The 70'X 40' structure will have
setbacks of 7 feet from the south ("0" Street) perimeter and 3'6" from the west
(N. Polk Street) perimeter. A covered walkway will connect the pavilion to a door
located on the south side of the principal school building. The pavilion will
contain no lighting and will be used in daylight hours, during normal operation of
the school.
A neighborhood resident asked staff if placing the pavilion on the site would
affect the neighborhood's access to the school's playgrounds on weekends and
other non -school hours. The District submitted the following response:
"The District generally allows public use of all of our playgrounds
afterhours. We do restrict vehicle access to parking lots at certain
schools where problems have historically occurred but do not
restrict the playgrounds. We anticipate no changes at Forest
Park."
3
July 19, 2012
ITEM NO.: 3 Cont. FILE NO.: Z -5459-C
To staffs knowledge, there are no outstanding issues. The pavilion is being
located over an existing play area, within the existing school campus. The
1904 bill of assurance for Mountain Park Addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the comments and conditions outlined in Sections 5 and 6 of the
agenda staff report.
Staff recommends approval of the requested setback variances.
PLANNING COMMISSION ACTION;
(JULY 19, 2012)
The applicants were present. There was one (1) person present in opposition and
several persons present in support. One (1) letter of opposition and one (1) letter
of support had been received. Staff presented the item and a recommendation of
approval as outlined in the "staff recommendation " above.
Chris East, of Cromwell Architects representing the school PTA, addressed the
Commission. He described the project and stated there would be no change in
use of the school site or the hours of use. He noted the proposed pavilion did
have a reduced setback.
John Shields, of 1619 N. Tyler St., spoke in opposition. He asked who had
proper authorization to pursue the application and questioned whether the school
board had approved the request. He also questioned if it was appropriate to
allow the pavilion with a portable classroom building existing on the site. He
asked if placement of the pavilion would affect future plans for expanding the
school. He said there was no hurry to act on the application and asked that it be
delayed.
Chris East and Dana Carney, of the Planning Staff, addressed the questions
raised by Mr. Shields. Mr. Carney stated an affidavit of authorization had been
submitted by the school district allowing representatives of the PTA to act as the
district's agents through this process. Mr. Carney read the following statement
from an e-mail from Wayne Adams of the school district: " You (the PTA) must
have the city planning department permission by way of a CUP before you can
submit a donation request to the LRSD to construct the pavilion. The PTA was
therefore given permission to request city approval for the pavilion they are
4
July 19, 2012
ITEM NO.: 3 (Cont.
FILE NO.: Z -5459-C
proposing to construct. Once the city approval is given, the PTA and school
principal must submit this proposal to the LRSD board for their approval and
provide any additional information that they request. We have already
determined that this structure is an enhancement and will not in any way interfere
with our long-term plan for an addition to Forest park to eliminate the portable
and to provide additional space for this facility."
Theresa Ketcher, principal of the school, spoke in support and stated the pavilion
was needed to provide covered outdoor play space.
Blair Allen, of 4710 Crestwood, stated he was a parent of children at the school
and the pavilion would be a positive addition to the campus.
Will Allison, of 1624 N. Harrison and husband of the PTA president-elect, spoke
in support.
Conley Golden, of 39 Beverly Place, spoke in support and presented a letter form
a neighbor, also in support.
There was no further discussion. A motion was made to approve the application
including all staff comments and conditions. The motion was approved by a vote
of 9 ayes, 0 noes and 2 absent.
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