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HomeMy WebLinkAboutZ-6174 Staff AnalysisOctober 28, 1996 Item No.• A File No.: Owner - Address• Description: Zoned: Variance Requested: Justification: Present Use of Pro ert : Proposed -Use of Pro ert : Staff Re ort - A. Public Works Comments: Z-6174 L.R. Water Works 2500 Cantrell Road Long Legal I-3 Industrial From the paving provisions of Section 36-508 of the Code of Ordinances to permit use of unimproved parking lot for a period of 5 years. A waiver of the filing fee is requested. A volunteer organization is renovating the Junior Deputy facilities on this property. Donated gravel was applied to an area already used for parking. Applicant did not realize requirement. Three to five years time is requested to resolve the issue. Parking lot Parking lot Considerable construction has taken place in Dickey Park. Public Works has not been involved in the permitting of any of the construction and has concerns related to the floodplain. The entire park is in Zone AE and all structures including electrical, plumbing, and floor slabs should be constructed to elevation 257.0 NGVD with proper SFHA Development Permits and Certificates of Elevations. Staff recommends deferral of this item until the certificates and permits (After the Fact) are submitted to staff as required by the FEMA regulations adopted by Ordinance. October 28, 1996 Item No.: A (Cont.) B. Staff Analysis: The Junior Deputy Booster Club operates a children's baseball program at Junior Deputy Park located at 2500 Cantrell Road. The park has been in existence since 1947. During the past year, the park has been renovated and expanded to provide a better facility for over 1,100 children and their families. The cost of this project exceeded $550,000. The organization received a grant for $225,000 from the City of Little Rock and the remaining money is being raised through fund-raisers and donations. During the renovation process, gravel was donated for a grassy area that had been used for a parking lot for approximately ten years. The combination of new gravel and a clearing away of the surrounding brush brought the parking area to the attention of the City's Code Enforcement Staff. Section 36-508 of the Code of Ordinances requires the paving of parking lots. The Booster Club did not include the cost of paving in its renovation budget and does not have the funds to do so. They are asking for a 3 to 5 year deferral of the pavement requirements. It is their intent to plant trees in the ballpark this winter. This would include trees between the parking lot and Cantrell Road. Now that the brush has been cleared away, the parking area is much more visible from Cantrell Road. Staff does have some concerns about the appearance of the area from the street. The planting of trees along the Cantrell Road perimeter of the lot will help to reduce the negative appearance. Additionally, properly bordering the gravel area with some device would improve the appearance and reduce the scattering of the gravel. The Public Works Department has raised concerns about construction taking place in the floodway. These issues must be addressed by the applicant. The applicant has indicated that this gravel parking lot is used only during the summer months and the lot is, in fact, now barricaded to prohibit access. Staff believes it would be appropriate to prohibit use of the gravel parking lot until such time as those concerns mentioned above are addressed. This will give the applicant 6-8 months to address those concerns before the area is needed for parking. Staff believes the requested 5 year deferral is excessive. A maximum of 3 years is more appropriate. C. Staff Recommendation: Staff recommends approval of a 3 year deferral of the pavement requirements subject to the following conditions: 2 October 28, 1996 Item No.: A 1. The gravel parking lot is not to be used until trees are planted between the lot and Cantrell Road, crossties or some other device are placed around the perimeter of the gravel lot to contain the gravel and the proper SFHA Development Permits and Certificates of Elevation are obtained. 2. At the end of 3 years, the lot is to be properly paved and landscaped or use of the gravel parking lot is to cease. BOARD OF ADJUSTMENT: (AUGUST 26, 1996) The applicant was not present. There were no objectors present. Staff informed the Board that the applicant had agreed to Public Works' request to defer the item. A motion was made to defer the item to the September 30, 1996 Board meeting. The motion was approved by a vote of 5 ayes, 0 noes and 4 absent. BOARD OF ADJUSTMENT: (SEPTEMBER 30, 1996) The applicant was not present. There were no objectors present. Staff informed the Board that there were still ongoing discussions between Public Works and the applicant concerning floodplain issues. Staff recommended that the item be deferred to the October 28, 1996 Board meeting. A motion was made to defer the item to October 28, 1996. The motion was approved by a vote of 7 ayes, 0 noes and 2 absent. BOARD OF ADJUSTMENT: (OCTOBER 28, 1996) Tom Butler, President of the Junior Deputy Booster Club was present representing the application. There were no objectors present. Staff presented the item and recommended that the Board approve a three year deferral of the paving requirements. It was noted that a floodplain variance application would be filed within the next 30-60 days. Mr. Butler addressed the Board. He stated that the organization would comply with the conditions noted in the staff recommendation. Mr. Butler stated that he is working with the Public Works Staff to address the floodplain concerns. A motion was made to approve a three year deferral of the paving requirements subject to compliance with the conditions outlined in the staff recommendation. It was noted that the three year 3 October 28, 1996 No.: A (Cont. period was to begin October 28, 1996. The motion was approved by a vote of 6 ayes, 0 noes, 2 absent and 1 open position. r.i February 28, 2000 Item No.: 5 File No. Name: Address: Z-6174 Junior Deputy Baseball Booster Club, Inc. 2500 Cantrell Road _Type of Issue_: 5 year extension of a previously granted 3 year deferral of the paving requirements of Section 36-508 STAFF REPORT: The Junior Deputy Babe Ruth Baseball Booster Club operates a children's baseball program at Junior Deputy Park located on Little Rock Water Works property at 2500 Cantrell Road. The baseball park has been in existence since 1947. During a 1996 renovation project, a grassy, parking area between the park and the railroad right-of-way adjacent to Cantrell Road was upgraded as well. The area had been used for a parking lot for a period of approximately 10 years. The combination of new gravel and a clearing away of the surrounding brush brought the substandard parking lot to the attention of the Codes Enforcement Staff. On October 28, 1996, the Board of Adjustment granted a three year deferral of the paving requirement for the gravel parking lot. The applicant was directed to plant trees between the parking lot and Cantrell Road and to place crossties or some other device around the perimeter of the gravel lot to contain the gravel. The Baseball Club is now asking for an additional deferral. Staff is supportive of an indefinite deferral of the paving requirement for this one lot. The park has been in existence for over 50 years and this area has been used for parking since the middle 19801s. The applicant did plant trees along the perimeter of the park and has agreed to plant additional trees, if there is adequate spacing between the existing trees. Telephone poles have been placed around the perimeter of the gravel to contain it. This gravel lot is used only during the summer and fall baseball season (April -October). Otherwise, the lot is barricaded to prohibit access. February 28, 2000 Item No.: 5 (Cont.) C. STAFF RECOMMENDATION: Staff recommends approval of an indefinite deferral of the paving requirement for this one gravel parking lot subject to the following conditions: 1.The gravel parking lot is for the sole use of the Junior Deputy Babe Ruth Baseball Booster Club, Inc. 2. During those times that the lot is not being used by the Baseball Club, it is to be barricaded to prohibit access by other parties. 3. Additional trees are to be planted between the parking lot and Cantrell Road, if there is adequate spacing between the existing trees. 4. The lot is to be maintained in a clean manner with proper gravel base. BOARD OF ADJUSTMENT: (FEBRUARY 28, 20.00) Mel Says was present representing Junior Deputy Babe Ruth Baseball Booster Club. There was one interested party present. Staff presented the item and a recommendation of approval subject to compliance with the 4 conditions outlined in the "Staff Recommendation" above. Mr. Says stated that he had no comments and would be available to answer any questions. He stated that he wanted it on the record that the Baseball Club would like to clear and maintain the area west of the gravel lot so as to reduce a snake problem. William Ruck offered the following 4 conditions in lieu of those proposed by staff: 1. The gravel parking lot is for uses permitted by the Junior Deputy Baseball Booster Club, Inc. 2. The lot is to be barricaded by the Baseball Club during December and January to prohibit access by other parties. 3. The lot is to be maintained in a clean manner with gravel base. K February 28, 2000 Item No.: 5 (Cont.) 4. Allow fill/culverts to be placed to the west of the existing gravel lot in order to cross the ditch with maintenance equipment for mowing and clean-up of the area west of the drainage ditch (with approval of Public Works and the Landowner, Little Rock Municipal Water Works). Mr. Ruck then discussed the conditions proposed by staff and why he was offering alternate conditions. Mr. Ruck asked Mr. Say if there would ever be an occasion that a use might be permitted to use the lot that is not directly related to the Baseball Club. Mr. Say responded that the lot might be used by other associated youth sports organizations but that it would not be leased to other businesses. Mr. Say stated that these other youth organizations would be under the Baseball Club and that the Club's lease with Water Works prohibits any use other than youth sports. In response to a question from Mr. Ruck, Mr. Say stated that the Club depended upon volunteer labor which made it difficult to assure that someone would barricade the lot each day. Mr. Ruck stated that there were 22 Bradford Pear trees which would fill out to provide adequate screening. He noted that the parking lot was adjacent to a railroad track. Mr. Ruck stated that he felt it was unreasonable to require additional landscaping. Mr. Ruck stated that the gravel parking lot was "proper and stable" and that he wanted to delete the word "proper" from staff's recommended condition. Mr. Ruck noted that his last condition was added only for clarification and that the Baseball Club would have to comply with Public Works requirements for the fill and culvert. Mr. Ruck made a motion to approve an indefinite deferral of the paving requirement subject to compliance with the 4 conditions which he proposed. The motion died for lack of a second. Fred Gray noted that the applicant had only asked for a 5 year deferral. He stated that he was uncomfortable with approving an indefinite deferral with the "loose" conditions proposed by Mr. Ruck. 3 February 28, 2000 Item No.: 5 (Cont.) Mr. Say stated that, as a nonprofit organization with limited resources, the Baseball Club would prefer an indefinite deferral but would not object to further review after 3 to 5 years. Dana Carney, of the Planning Staff, spoke on behalf of the conditions proposed by staff. He stressed staff's concerns about allowing an indefinite deferral without the specific, enforceable conditions proposed by staff. Mr. Ruck stated that a 5 year deferral• would be reasonable. Fred Gray stated that he felt planting shrubbery between the existing trees would be more appropriate than planting additional trees. Cindy Dawson, of the City Attorney's Office, and Dana Carney urged approval of the conditions proposed by staff regarding the usage limitation so as to provide staff some leverage if enforcement becomes necessary. Gary Langlais asked why the same volunteers who lock up the fields and concession stand at the end of the day could not also barricade the parking lot. Mr. Say responded that it could be done but that it was a burdensome requirement. Mr. Say stated that he agreed with the wording of condition no. 1 as proposed by staff. There followed a discussion of appropriate plantings around the parking lot. Mr. Say reiterated that additional plantings would be cost prohibitive. In response to a question from the Board, Mr. Carney described the landscaping requirements for a parking lot from the City's Landscape Ordinance. Mr. Ruck made a motion to approve an indefinite deferral of the paving requirement subject to compliance with condition no. 1 from staff's recommendation and conditions 2, 3 and 4 as he proposed. The motion failed for lack of a second. Mr. Ruck spoke passionately on behalf of the Baseball Club. Norm Floyd then made a motion to approve a 5 year deferral of the paving requirement subject to compliance with condition no. 1 as proposed by staff and conditions 2, 3 and 4 as proposed by Mr. Ruck. The motion was seconded. Fred Gray suggested that condition no. 4 offered by Mr. Ruck be modified to provide a limit on the size of the culvert to assure February 28, 2000 Item No.: 5 (Cont.) that only maintenance vehicles will cross it and the area would not be used by persons for parking. John Ward, of Little Rock Municipal Water Works, stated that he had concerns about potential problems that might be created by installing a culvert in the drainage ditch. Tad Borkowski, of Public Works, assured Mr. Ward that the project would be reviewed by his department to be certain that it conformed to city code requirements. Fred Gray commented that it was not a hardship to have a person barricade the gravel lot at the close of the day. Mr. Carney suggested that Mr. Gray's offered amendment to proposed condition no. 4 was not necessary. Mr. Carney stated that any use of the area west of the existing gravel parking lot for parking would be a readily identifiable violation that could be handled as an enforcement action. Mr. Floyd restated his motion with the understanding that no additional area, west of the ditch, is to be added to the existing gravel parking lot. The vote was 3 ayes, 2 noes and 0 absent. The Board approved a 5 year deferral of the paving requirement for the existing gravel parking lot subject to compliance with the following conditions. 1. The gravel parking lot is for the sole use of the Junior Deputy Babe Ruth Baseball Booster Club, Inc. 2. The lot is to be barricaded by the Baseball Club during December and January to prohibit access by other parties. 3. The lot is to be maintained in a clean manner with gravel base. 4. Allow fill/culverts to be placed to the west of the existing gravel lot in order to cross the ditch with maintenance equipment for mowing and clean-up of the area west of the drainage ditch, with the understanding that no additional area, west of the ditch, is to be added to the existing gravel parking lot. 5