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HomeMy WebLinkAboutZ-6697 Staff AnalysisAugust 19, 1999 ITEM NO.: A NAME: LOCATION: OWNER/APPLICANT: FILE NO: Z-6697 Boyle Park Master Plan - Conditional Use Permit Boyle Park on Boyle Park Road City of Little Rock/Mark Webre, Parks Department PROPOSAL: To obtain a conditional use permit for a Master Plan to upgrade and improve the park facilities on property Zoned R-2, Single Family Residential. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This proposal includes several areas throughout the existing park. 2. COMPATIBILITY WITH NEIGHBORHOOD: This property was deeded over to the City in May of 1929 and has existed as a "Park" since then. As far as Staff is aware, the park has been compatible and appreciated by the neighborhood. The improvements would be done within the existing boundaries of the park and upgrade, improve and expand the facilities. Staff believes the park will continue to be compatible with the neighborhood. The Parks Department has been meeting regularly since 1994 with the Boyle Park Advisory Committee to work together to develop this proposed Master Plan. The advisory committee consists of neighborhood association members, and so neighborhood input is an integral part of this plan. The John Barrow and Broadmoor Neighborhood Associations were notified of the Public Hearing. 3. ON SITE DRIVES AND PARKING: There are six existing access points to the park by way of existing city streets that pass through the park. The proposal includes closing the one at West 241 Street. August 19, 1999 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6697 The ordinance does not specify parking requirements for parks. The proposal does show parking adjacent to or near most areas that would generate parking needs except for the trailhead at the north Boyle Park Drive entrance. 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: a. Provide sketch grading and drainage plans per Section 29-186, obtain grading permits per Section 29-186(c)(d) including Special Flood Hazard, development permit Section 29-186(b) for Flood Hazard area per Section 8-283. Contact ADEQ and Corps of Engineers prior to start of work. There are floodway, flood plain and wetland issues, which require certification and permits prior to work (including clearing, fill, dredging operations planned). b. Recommend Public Meeting be held with affected neighborhood due to plans to modify and eliminate access to existing streets serving these neighborhoods. Formal closure of West 24th will be required through petition process. c. New structures are not permitted in Floodway (including buildings, gazebo or large fountain structures) per Section 8-305. d. Changes to street alignment or construction of bikeways will be required to result in no increase in grade or significant surface area increase in floodway. FEMA and Corps notifications will be required. e. Parking "Area 25" will need access modified to provide 90° intersections with Boyle Park Road. f. Parking area shown on plans in floodway is a rework of existing parking and appears not to change surface area or number of spaces. As long as grades and area do not change and Corp and FEMA approvals are obtained, this appears to not be in conflict with Board of Directors Policy of no New Parking in Regulatory Floodways. FA August 19, 1999 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6697 6. UTILITY AND FIRE DEPT. COMMENTS: Water: Contact the Water Works regarding any additional water service needed. Wastewater: Existing sewer main outfalls (24" and 4211) located within Boyle Park. Contact the Wastewater Utility for details prior to finalizing construction plans. Southwestern Bell: No comments received. ARELA: No comments received. Entergy: Approved as submitted. Fire Department: Any new roadway or street must be not less than 24 feet wide with no parking on either side. Additional fire hydrants may be required. Check with Fire Department before finalizing construction plans. CATA: Bus service is not currently provided to this site. 7. STAFF ANALYSIS: The applicant is requesting a conditional use permit for a Master Plan to upgrade and improve the Boyle Park facilities. The area is Zoned R-2, Single Family Residential, and is surrounded by primarily R-2 property and some MF -6, Multifamily, at the northwest corner. The improvements would include new and upgraded trails and pavilions, a small amphitheater, road and parking lot changes, plus new open play/practice fields and playground equipment. All the facility work would be well within existing property lines exceeding setbacks and meeting siting requirements as long as none of it is within floodway designated areas. The ordinance does not specify parking requirements for parks. The proposal does show what appears to be -adequate parking adjacent to or near most areas that would generate parking needs. Any roadways that are changed or added would need to meet the fire department requirement of 24 feet wide with no parking on either side. 3 August 19, 1999 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6697 Staff believes this plan would not have a detrimental affect on the neighborhoods. 8. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a. Comply with the City's Landscape & Buffer ordinances for new parking and buildings or structures. b. Comply with Public Works Comments. C. Comply with Fire Department Comments. SUBDIVISION COMMITTEE COMMENTS: (June 17, 1999) Parks Director Bryan Day was originally present during the meeting to represent the item but had to leave before it was discussed. Staff gave a brief description of the proposal. Public Works briefly reviewed their comments and responded to a Committee question regarding the issuing of a clearing permit. The Committee had concerns about two issues. One was what, if any, restrictions existed in the original Will/deed regarding the donation of the property to the City. The second was regarding the tree clearing that had already begun and if that had been properly permitted, particularly in relation to any restrictions to how the park was to be used. There being no further issues, the Committee accepted the proposal, but requested that their two question be answered before the full Commission proceed on final resolution of the item. STAFF UPDATE: Upon investigation, Staff concluded that none of the actions listed in the proposal appear to violate any limitations stated in the deed of this property. The Will was used for the requirements in the deed as best as Staff could determine. Staff also believes the tree cutting permit was requested and issued properly. 4 August 19, 1999 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6697 PLANNING COMMISSION ACTION: (JULY 8, 1999) Staff presented the item with a recommendation for approval of the applicant requested deferral in order to have more time for the applicant to give proper notice to the property owners within 200 feet. The item was placed on the Consent Agenda for deferral to the August 19, 1999 meeting. The vote was 10 ayes, 0 nays, and 1 absent. SUBDIVISION COMMITTEE COMMENTS: (JULY 29, 1999) David Bryant was present from the Parks and Recreation Department. Staff gave a brief update since this was deferred from the July 8th hearing. Since the July 8th Commission hearing the applicant made the required notifications. Staff had not changed its original recommendations for approval as noted. The Committee members asked for assurance that the Corp of Engineers and FEMA coordination and approvals would be obtained prior to the Public Hearing. Mr. Bryant said his understanding was that they would. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (AUGUST 19, 1999) Mark Webre from the Parks Department was present representing the application. There was one registered objector present and Staff had received one phone call expressing objection. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation." Staff read into the record an objection by Monthiray Trice. Her main objection was that the existing park hasn't been maintained with regard to structural maintenance, grass cutting especially on the levee adjacent to her property, and general clean-up. She stated this new work would be wasting money which should be spent fixing up and maintaining what they already have. 5 August 19, 1999 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6697 Ken Oberste, the registered objector, started his statement by saying that he was not opposed to the proposed plan, but to emphasize that he felt this is an important, beautiful park for the City and that it had been allowed to go downhill since his childhood in the 19401s. He added, that particularly since the City opened 28th street as an access to the park, over the objection of many citizens, that the traffic has greatly increased through the center of the park and the deterioration accelerated in his view. He stated he was glad to see a revived interest in the park, but he also emphasized his concern over the amount of tree cutting that has already occurred in preparation for the work to come. Ruth Bell, League of Woman Voters, emphasized the point that she felt the Parks Department was putting too much emphasis on active recreational facilities at the cost of passive recreational areas. She described passive recreational areas as those where one can wander around in green space to admire the trees, creeks, animals, etc. She asked if the City had any plans to add the green space passive recreational areas as she described them, and how does the Planning Commission plan to deal with this need for increased green area. She added that her intent here is to again call the Commission's attention to this need as she sees it. Commissioner Putnam asked about putting a basketball court in the park which otherwise is oriented to more "passive" activity with picnic areas and trails. Mark Webre explained how they considered the type of activity in arriving at the proposed location. Commissioner Downing asked if the current basketball court was lighted, or if the new one would be. Mr. Webre responding no to both questions about lighting. Chairman Earnest directed a question to Mr. Turner from Public Works regarding their statement in the write-up regarding not building structures in a floodway and asked if there were not exceptions which would allow building structures in a floodway. Mr. Turner responded that there were exceptions as outlined in Section 8-305 and their point was to direct the applicant to meet the ordinance requirements. Bryan Day, Director of the Parks Department, stated that there were a number of citizens present that do support this project 6 August 19, 1999 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6697 and would answer questions regarding their support. No questions were directed to them. Commissioner Adcock asked Mr. Webre if they would abide by the fire department's comment regarding street requirements. Mr. Webre said they would. She further inquired about the Parks Department's ability under current budget limitations to fund this work and to maintain it, and the maintenance on the other parks too. Mr. Webre responded that they do feel they can accomplish this by cutting back on the maintenance of minor parks, the less used parks. In response to his explanation she asked how that would affect the neighborhood parks. He answered that those would be the parks for which they would be looking for partnerships to help maintain them. A motion was made to approve the application as submitted to include staff comments and recommendations. The motion passed by a vote of 6 ayes, 0 nays and 5 absent. 7 f July 8, 1999 ITEM NO.: 18 NAME: LOCATION• OWNER/APPLICANT: FILE NO: Z-6697 Boyle Park Master Plan - Conditional Use Permit Boyle Park on Boyle Park Road City of Little Rock/Mark Webre, Parks Department PROPOSAL: To obtain a conditional use permit for a Master Plan to upgrade and improve the park facilities on property Zoned R-2, Single Family Residential. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This proposal includes several areas throughout the existing park. 2. COMPATIBILITY WITH NEIGHBORHOOD: This property was deeded over to the City in May of 1929 and has -existed as a "Park" since then. As far as Staff is aware, the park has been compatible and appreciated by the neighborhood. The improvements would be done within the existing boundaries of the park and upgrade, improve and expand the facilities. Staff believes the park will continue to be compatible with the neighborhood. The John Barrow and Broadmoor Neighborhood Associations were notified of the Public Hearing. 3. ON SITE DRIVES AND PARKING: There are six existing access points to the park by way of existing city streets that pass through the park. The Proposal includes closing the one at West 241 Street. The ordinance does not specify parking requirements for parks. The proposal does show parking adjacent to or near most areas that would generate parking needs except for the trailhead at the north Boyle Park Drive entrance. July 8; 1999 SUBDIVISION ITEM NO.: 18 (Cont. 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: FILE NO.: Z-6697 a. Provide sketch grading and drainage plans per Section 29-186, obtain grading permits per Section 29-186(c)(d) including Special Flood Hazard, development permit Section 29-186(b) for Flood Hazard area per Section 8-283. Contact ADEQ and Corps of Engineers prior to start of work. There are floodway, flood plain and wetland issues, which require certification and permits prior to work (including clearing, fill, dredging operations planned). b. Recommend Public Meeting be held with affected neighborhood due to plans to modify and eliminate access to existing streets serving these neighborhoods. Formal closure of West 241 will be required through petition process. c. New structures are not permitted in Floodway (including buildings, gazebo or large fountain structures) per Section 8-305. d. Changes to street alignment or construction of bikeways will be required to result in no increase in grade or significant surface area increase in floodway. FEMA and Corps notifications will be required. e. Parking "Area 25" will need access modified to provide 900 intersections with Boyle Park Road. f. Parking area shown on plans in floodway is a rework of existing parking and appears not to change surface area or number of spaces. As long as grades and area do not change and Corp and FEMA approvals are obtained, this appears to not be in conflict with Board of Directors Policy of no New Parking in Regulatory Floodways. 6. UTILITY AND FIRE DEPT. COMMENTS: Water: Contact the Water Works regarding any additional water service needed. V, July 8, 1999 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-6697 Wastewater: Existing sewer main outfalls (24" and 4211) located within Boyle Park. Contact the Wastewater Utility for details prior to finalizing construction plans. Southwestern Bell: No comments received. ARKLA: No comments received. Entergy: Approved as submitted. Fire Department: Any new roadway or street must be not less than 24 feet wide with no parking on either side. Additional fire hydrants may be required. Check with Fire Department before finalizing construction plans. CATA: Bus service is not currently provided to this site. 7. STAFF ANALYSIS: The applicant is requesting a conditional use permit for a Master Plan to upgrade and improve the Boyle Park facilities. The area is Zoned R-2, Single Family Residential, and is surrounded by primarily R-2 property and some MF -6, Multifamily, at the northwest corner. The improvements would include new and upgraded trails and pavilions, a small amphitheater, road and parking lot changes, plus new open play/practice fields and playground equipment. All the facility work would be well within existing property lines exceeding setbacks and meeting siting requirements as long as none of it is proposed within floodway designated areas. The ordinance does not specify parking requirements for parks. The proposal does show what appears to be adequate parking adjacent to or near most areas that would generate parking needs. Any roadways that are changed or added would need to meet the fire department requirement of 24 feet wide with no parking on either side. Staff believes this plan would not have a detrimental affect on the neighborhoods. 3 July 8; 1999 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-6697 8. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a. Comply with the City's Landscape & Buffer ordinances. b. Comply with Public Works Comments. C. Comply with Fire Department Comments. SUBDIVISION COMMITTEE COMMENTS: (June 17, 1999) Bryan Day was originally present during the meeting to represent the item but had to leave before it was discussed. Staff gave a brief description of the proposal. Public Works briefly reviewed their comments and responded to a Committee question regarding the issuing of a clearing permit. The Committee had concerns about two issues. One was what, if any, restrictions existed in the original Will/deed regarding the donation of the property to the City. The second was regarding the tree clearing that had already begun and if that had been properly permitted, particularly in relation to any restrictions to how the park was to be used. There being no further issues, the Committee accepted the proposal, but requested that their two question be answered before the full Commission proceed on final resolution of the item. STAFF UPDATE: Upon investigation, Staff concluded that none of the actions listed in the proposal appear to violate any limitations stated in the deed of this property. The Will was used for the requirements in the deed as best as Staff could determine. Staff also believes the tree cutting permit was requested and issued properly. 4 July 8,'1999° SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-6697 PLANNING COMMISSION ACTION: (JULY 8, 1999) Staff presented the item with a recommendation for approval of the applicant requested deferral in order to have more time for the applicant to give proper notice to the property owners within 200 feet. The item was placed on the Consent Agenda and approved for deferral to the August 19, 1999 meeting. The vote was 10 ayes, 0 nays, and 1 absent. 5