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HomeMy WebLinkAboutZ-8400-A Staff AnalysisDecember 15, 2011 ITEM NO.: 7 FILE NO.: Z-8400-A NAME: Dr. Emma Rhodes Private Park — Conditional Use Permit LOCATION: 1869 South Summit Street OWNER/APPLICANT, Dr. Emma Rhodes PROPOSAL: A conditional use permit is requested to allow for the use of this R-4 zoned property as a private park. 1. SITE LOCATION: The property is located on the northeast corner of S. Summit and West 19th Street, one block south of Wright Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within a residential neighborhood, 1 block south of the Wright Avenue Commercial district. Single-family residences are adjacent to the north and east as well as across Summit Street and West 19th Street to the west and south. While a small neighborhood park would certainly be compatible with the neighborhood, staff has concerns about this specific use. The park is a private park for use by the applicant and those she allows to use it. For a fee, it can be rented by other parties. It is in fact not a neighborhood park, to serve the residents of the area. The lack of parking is of concern since it is likely that many who potentially use the park will come from outside the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Wright Avenue and Central High Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: There is no parking on the site. The applicant states parking is available on other nonresidential properties she owns along Wright Avenue, 1 block to the north. 4. SCREENING AND BUFFERS: Site plan must comply with the City's landscape and buffer ordinance requirements. December 15, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8400-A The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. A 20 feet radial dedication of right-of-way is required at the intersection of Summit St and W. 19th St. 6, UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: Approved as submitted. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water:NO OBJECTIONS. 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. 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. FA December 15, 2011 ITEM NO.: 7 Cont. FILE NO.: Z-8400-A Fire Department: Approved as submitted. Maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: A CATA bus route is located along Wright Avenue, just north of this site. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 23, 2011) Dr. Emma Rhodes was present. Staff presented the item and noted some additional information was needed. Staff requested information on signage and site lighting. Dr. Rhodes stated there would be no lighting because the park would only be used during day light hours. She stated the park would typically be used on weekends and holidays, but could be used on other days. In response to a question, Dr. Rhodes stated parking was available on her other properties located along Wright Avenue, just north of the site. Staff asked who could use the "private park". Dr. Rhodes responded "whoever I let use it". She stated anyone could contact her about using the park. In response to a question, she stated she hoped to collect a rental fee for use of the park and users could include neighborhood residents. Public Works Comments were noted. After a brief discussion, the Committee forwarded the item to the full Commission. STAFF ANALYSIS: The applicant has developed a private park on the vacant, R-4 zoned property located at 1869 Summit Street. The property is enclosed by a 4-foot tall chain link fence and contains a pavilion, grill, picnic tables, basketball goal and playground equipment. Signage identifies the site as a private park and prohibits unauthorized access. The pavilion was constructed without a building permit. A park requires a conditional use permit in residential zones. The applicant states the park will be used by her family and church and whoever else she lets use it. At Subdivision Committee, the applicant stated the park could be rented by anyone, including neighborhood residents. No alcohol or drugs are allowed inside the park. The park will be used primarily on weekends and holidays but could be used any day, under authorization by the applicant. No lighting is proposed. Use of the park will be limited to daylight hours. There 3 December 15, 2011 ITEM NO.: 7 Cont. FILE NO.- Z-8400-A is no parking on the site. The applicant owns other properties along Wright Avenue where parking is available. While a small neighborhood park would be appropriate for the area, staff does have some concerns about the specifics of this use. The park is in fact not a neighborhood park, available for unhindered use by the residents of the neighborhood. Use is limited to those who are authorized by the applicant, in some cases by collection of a rental fee. The use begins to have the "feel" of more of a commercial or business use. The lack of parking on the site is of concern since the park will conceivably be used by persons and groups coming to the site from outside the neighborhood. Pushing the parking onto the streets could negatively impact the residents. The century -old bill of assurance for Moore and Penzel's Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The applicant was present. There were two objectors present. There were eight Commissioners present. The Chairman offered the applicant the opportunity to defer the item. The applicant stated she wished to go forward. Staff presented the item and a recommendation of denial. The applicant, Dr. Emma Rhodes, addressed the Commission and stated she had no reservation about the property being used as a neighborhood park but she wanted to maintain control to assure it was used appropriately. Leanna Godley, of 1900 S. Summit Street, spoke in opposition. She said she saw the sign identifying the site as a private park with a phone number to call for information. Ms. Godley expressed concerns about possible negative influences in the neighborhood. She stated Dr. Godley had never approached the neighbors to seek out their feelings about establishing the private park. She said she would prefer to see a house built on the site. Ms. Godley stated the site was not a green space and the neighborhood had public parks. Ms. Godley stated she doubted Dr. Rhodes could regulate use of the park. She stated she also spoke for Ms. Dixon, a next -door resident who was also opposed to the private park. S December 15, 2011 ITEM NO.: 7 Cont. FILE NO.: Z-8400-A Dr. Rhodes stated she did not understand staff's concerns about the private park. Deputy City Attorney Cindy Dawson stated staff had concerns about the nature of the proposal, being more of a business activity than a park to serve the neighborhood residents. She said staff was not saying Dr. Rhodes could not go on her property and use it. Commissioner Rector stated what was disturbing was it begins to sound like a commercial business when the site is available for rent. Dr. Rhodes responded that it was "not a money thing and people could use it for free." Commissioner Rector asked if that changed staff's opinion. Director of Planning Tony Bozynski responded that it did not; that the use did not feel like a neighborhood park since it was fenced and Dr. Rhodes was maintaining control over the use. Chairman Ferstl asked staff what would prevent Dr. Rhodes' friends from using the park. Dana Carney, of the Planning Staff, stated the site was zoned single family and the only by -right use was as a single- family residence. He stated the site had been developed as a park, with all of the elements found in a park. Mr. Carney said that was different from having friends over to share a cook out in your back yard. Commissioner Dillon asked Dr. Rhodes how she was going to regulate use of the park and who comes and goes from the site. Dr. Rhodes responded that users would have to come through her. Commissioner Fountain stated he understood Dr. Rhodes would be able to control some use, such as when her church uses the site. He asked her how she could control others. Dr. Rhodes stated she just wanted the site used. She stated she wanted a place for children to use. She continued by stating children would have to be accompanied by an adult. Commissioner Rector stated the Commission had to think long-term. He asked staff if the site would be appropriate for a park if it was donated to the City. Mr. Bozynski stated he could not address that but there was a difference between a public park available for use by the neighborhood residents and a private park controlled by an individual. Dr. Rhodes stated it would be ok to leave the gates open so the site could be used by area residents. Chairman Ferstl stated there would likely be liability issues for her if that occurred. Deputy City Attorney Dawson stated the issue came back to the use of the property. Ms. Godley reiterated her concerns. Commissioner Fountain asked Ms. Godley if she would be opposed if it was a public park. She said as long as it was a vacant lot that children played on, it wasn't a problem. In response to a question 5 December 15, 2011 ITEM NO.: 7 Cont. FILE NO.: Z-8400-A from Commissioner Fountain, Director Bozynski stated staff could support the use of the site as a neighborhood park if it was open and available for use by neighborhood residents. A motion was made to approve the application. The motion failed with a vote of 0 ayes, 8 noes and 3 absent. SUBDIVISION COMMITTEE COMMENTS NOVEMBER 23, 2011 ITEM NO.: 7. DR. EMMA RHODES PRIVATE PARK CONDITIONAL USE PERMIT - 1869 SUMMIT STREET Z-8400-A Planning Staff Comments: 1. The century -old Bill of Assurance for Moore and Penzel's Addition was not found but likely does not address use issues. 2. Provide information on signage. 3. Provide information on type and height of fencing. 4. Will there be any lighting? 5. What are the typical days and hours of use. 6. As a "private park", who will have access? 7. Where is parking provided? Variance/Waivers: • None requested Public Works: 1. A 20 feet radial dedication of right-of-way is required at the intersection of Summit St and W. 19th St. Utilities_ and Fire Department/County Planning_ Wastewater: Sewer available to this property. Entergy: Approved as submitted. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NO OBJECTIONS. 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. 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. Maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: A CATA bus route is located along Wright Avenue, just north of this site. Planning Division: No Comments. Landes Site plan must comply with the City's minimal landscape and buffer ordinance requirements. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday November 30, 2011. Required notices are to be sent via certified mail to all owners of property located within two hundred (200) feet of the site no later than Wednesday November 30, 2011. The City provided notice form must be used. Proof of notice is to be provided to staff no later than December 5, 2011.