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HomeMy WebLinkAboutZ-8313 Staff AnalysisMARCH 31, 2008 ITEM NO.: A File No.: Z-8313 Owner: Arkansas Democrat Gazette, Inc. Applicant: John Greer, Witsell Evans Rasco Architects Address: 118 West 3rd Street Description: Northeast corner of West 3rd and Louisiana Streets Zoned: UU Variance Requested: A variance is requested from the use provisions of Section 36- 342.1 to allow use of a parking lot as a playground. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Building Proposed Use of Property: Charter School STAFF REPORT A. Public Works Issues: 1. The proposed plan shows a driveway though the playground. It is believed the plan has changed and vehicles will no longer take access through the playground. Prior to occupancy, a traffic circulation plan must be prepared and provided to Public Works for review and approval. B. Staff Analysis: The UU zoned property located at 118 W. 3rd Street (northeast corner of W. 3rd and Louisiana Streets) is occupied by the three-story Gazette Building which is currently vacant. There is an asphalt narking area at the north end of the building. The building and parking occupy the entire west half of the block bounded by W. 2nd, W 3rd, Main and Louisiana Streets. As noted by the applicant in the attached cover letter: "The e-STEM Charter School will be occupying the historic Gazette Building at 3rd & Louisiana Streets on July 14, 2008. This Charter School will house elementary, middle school, and high school grades in the same building and will be separated by floors and operate as a stand-alone MARCH 31, 2008 =I 8/0/1914 W-AW1061► 01 school. However, by occupying a common building there are functions that will be shared by each school for the economic benefits. Physical Education activities is one of these common threads." The applicant is proposing to convert the existing paved parking area at the north end of the building to a playground and PE area. The area will continue to be bounded by an existing wrought iron fence along the north, east and west sides. Some of the asphalt lot will be retained, with the remainder replaced with concrete and landscaping, as noted on the attached site plan. Section 36-342.1 (d)(1) of the City's Zoning Ordinance states that all uses within the UU (Urban Use) zoning district must be inside or enclosed. Therefore, the applicant is requesting a variance to allow conversion of the existing paved parking lot to an outdoor playground/PE area for the Charter School which will occupy the Gazette Building. Staff is supportive of the requested variance to allow the playground/PE area as an outdoor use at this location within the UU zoning district. Staff views the request as reasonable. The property has a history of use as a parking lot which is also considered an outdoor use. Additionally, the proposed outdoor use is not commercial in nature, with the playground/PE area to be used intermittently throughout the day. Staff believes the proposed playground/PE area will have no adverse impact on the adjacent properties or general area. C. Staff Recommendation: Staff recommends approval of the variance to allow an outdoor use in the UU zoning district, subject to submittal and approval of a traffic circulation plan as requested by Public Works. BOARD OF ADJUSTMENT: (FEBRUARY 25, 2008) Staff informed the Board that the applicant submitted a letter on February 25, 2008, requesting the application be deferred to the March 31, 2008 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 31, 2008 agenda by a vote of 5 ayes and 0 nays. Staff Update: The applicant submitted a letter to staff, dated March 13, 2008, which places several conditions on the proposed playground use, in order to satisfy concerns raised by surrounding property owners. The letter is attached for Board review, and contains MARCH 31, 2008 ITEM NO.: _(CON'T.) conditions numbered 1 through 4 addressing issues of landscaping, playground hours, fencing and security. Staff will add these as conditions of approval (see "revised staff recommendation"). Number 5 within the letter addresses traffic issues which will be considered by Public Works in the approval of a traffic circulation plan for the project. Revised Staff Recommendation: Staff recommends approval of the variance to allow an outdoor use in the UU Zoning District, subject to the following conditions: 1. Submittal and approval of a traffic circulation plan as requested by Public Works. 2. Compliance with the following conditions 1 through 4 as found in the attached letter dated March 13, 2008 from John Greer, Jr. of WER Architects/Planners: (1) Landscaping: Nine Japanese Zelkova trees will be planted along the perimeter of the fence as shown. The asphalt will be cut back and tree grates installed at each tree. (Refer to Sheet L1-submitted to staff). (2) Curfew: e-STEM administrators have agreed to limiting playground activity until 9:00 A.M. The first scheduled recess is a 9:45 A.M. each day. Realistically there will be very little activity on the playground, if any, until 9:45 A.M. (3) Fence: The existing decorative aluminum fence will be retained with the exception of the fence on the east side of the playground. This section of the fence will be relocated 5'-0" to the west to allow construction of a sidewalk for the secondary drop-off/pick-up in the alley. It is in great shape and should be an acceptable "nice" fence for the neighbors. (4) Security: The playground will be locked after hours. It is monitored 24 hours a day by security cameras and will be illuminated at night. BOARD OF ADJUSTMENT: (MARCH 31, 2008) John Greer and Joe Mittiga were present, representing the application. There were three (3) persons present with concerns. Staff presented the application with a recommendation of approval, as noted in the "Revised Staff Recommendation" as found in the staff report. Staff noted that the applicant would be installing eleven (11) trees total along the north and west property lines, instead of the nine (9) trees as previously noted by the applicant. John Greer addressed the Board in support of the application. He briefly described MARCH 31, 2008 ITEM NO.: A CON'T. the proposed playground project. He explained that conditions have been placed on the playground use based on concerns raised by surrounding property owners. He noted that trees were added to the north and west property boundaries. He described the proposed site plan. Joe Mittiga also addressed the Board in support of the application. He noted that there would be no use of the playground before 9:00 A.M. He explained that the playground would typically be used twice during the morning (approximately 20 minutes each), during the lunch hour, and twice during the afternoon (approximately 20 minutes each). Robert Winchester asked what age groups would use the playground area. Mr. Mittiga noted that elementary children would use the playground during recess times. Danny Broaddrick addressed the Board with concerns. He expressed concern with the possible noise the playground would produce. He explained that his office was located directly across Louisiana Street from the proposed playground. He presented photos to the Board and discussed. He noted concern with the location of the basketball court and four -square area along the west property line. He noted that the proposed trees would not reduce the noise level. He also noted that the applicant had presented no time line for the phased development of the playground. Haitham Alley also addressed the Board with concerns. He noted that his office was south of Mr. Broaddrick's and that he shared the same concerns. Bob East addressed the Board in support of the application. He explained that several concerns had been worked out with the surrounding neighbors. He noted other projects where nearby noisy uses were not a problem and explained. Diana Lacy, representing the Capitol Hotel, noted that she was only concerned with 9:00 A.M. start of the first recess. She stated that the playground should not be used before 9:30 A.M. Joe Mittiga amended the application to have no activity on the playground before 9:30 A.M. James Van Dover asked about the ages of the children using the playground. Mr. Mittiga stated that grades K through 4 would use the playground during the morning recesses. Chairman Burruss commented on the proposed playground plan and use of landscaping. The issue of trees was briefly discussed. Robert Winchester asked if there would be a problem with children throwing things over the fence. Mr. Mittiga noted that the children would be well supervised and explained. MARCH 31, 2008 ITEM NO.: A (CON'T.) Staff explained that the applicant could defer the application if they thought they needed additional time to address any additional concerns. Staff asked the Board to give the applicant their thoughts on the proposed variance to allow the playground. Chairman Burruss expressed support for the application. Scott Smith also expressed support for the school use with playground in the downtown area. He noted the benefits of the school use outweighed the negative issues. James Van Dover explained that the noise level would be minimal and that the advantages associated with the school outweighed the disadvantages. Robert Winchester also noted support for the school with playground as being a benefit to the downtown area. There was a motion to approve the application as recommended by staff and revised by the applicant (no playground use before 9:30 A.M.). The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was approved.