13 July 14, 2010 Public Hearing APPLICANT: ADOLFO MARTINEZ

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1 13 July 14, 2010 Public Hearing APPLICANT: ADOLFO MARTINEZ PROPERTY OWNER: MARIA WERT REQUEST: Conditional Use Permit (outdoor recreation facility) STAFF PLANNER: Leslie Bonilla ADDRESS / DESCRIPTION: 2008 Gadsby Court GPIN: ELECTION DISTRICT: CENTERVILLE SITE SIZE: 11,456 square feet AICUZ: Less than 65 db DNL APPLICATION HISTORY: This application was deferred at the June 9, 2010 Planning Commission hearing. The public notice signs were not posted on the property in the manner specified by the City Zoning Ordinance. The sign has since been relocated to an appropriate location. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an outdoor recreational facility, a skateboard ramp, to be located within the parcel s rear yard. The ramp will be limited primarily to the use of the adult applicant plus two additional adult friends. A two-story single-family dwelling is located on the lot. The entire rear yard is enclosed by a six-foot tall privacy fence with a locking gate. There is an existing above-ground swimming pool located within the rear yard, approximately 15 feet from the house and a swing set is located east of the pool. A four-foot tall fence divides the pool area from the swing set area. The applicant indicates that he was initially unaware of the need of a Conditional Use Permit. After construction of the ramp, the applicant was informed that a Conditional Use Permit for the skateboard ramp is required. The applicant, therefore, dismantled the ramp and does not plan on constructing a new ramp until appropriate approvals are obtained. The proposed skateboard ramp will be situated approximately 20 feet south of the detached pool, ten feet from the rear western property line, and approximately 18 feet from the rear eastern property line. The Page 1

2 size of the ramp is 12 feet wide by 24 feet long, with a height of five and one-half feet at the rollout deck platforms. At each end, there is a small platform with a two-foot tall rail. The skating surface consists of 3/4 inch plywood. The ramp is layered with three layers of 1/2-inch plywood in order to help keep sound to a minimum. Signatures of support from residents on forms provided by the applicant were submitted with the application. The applicant notes that the ramp will only be used during the hours of 10:00 a.m. to dusk. Additionally, no one under the age of 18 will use the ramp, and an access gate will be securely locked during other times to prevent unauthorized use/access. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family residential SURROUNDING LAND USE AND ZONING: North: South: East: West: Glen View Drive Across Glen View Drive are single-family residential dwellings / R-5D Residential Duplex District Single-family residential dwellings / R-5D Residential Duplex District Single-family residential dwellings / R-5D Residential Duplex District Single-family residential dwellings / R-5D Residential Duplex District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: Suburban Area CITY SERVICES There are no expected impacts to City services. POLICE: The Police Department notes that residential ramps of this nature can become a nuisance and result in increased calls primarily due to noise. Rules for use of the ramp, strict supervision of use of the ramp, and control of access to the ramp are necessary to avoid the ramp becoming such a nuisance Page 2

3 EVALUATION AND RECOMMENDATION Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming pools, basketball rims, etc.), skateboard ramps have the potential to become nuisances to surrounding residents, especially with regard to sound that emanates from the facility, such as the continuous bouncing of the ball, the sound of the skateboard wheels rolling across the plywood surface of the ramp, or the sound of the cheers and joyful screams. Such sound is normal and is expected in residential neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for such sounds, the sound increases beyond the level normally expected, or the sound includes language that is not considered appropriate. When this occurs, the sound becomes noise. Such noise, especially if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace within the neighborhood. Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp that, due to the nature of rolling wheels on the riding surface and the size of the ramp, has the potential to create the greatest nuisance. Thus the requirements for this conditional use permit. To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from destabilizing influences is met, it is vital that this proposal provides safeguards designed to significantly avoid the potential for the facility to become a nuisance to the surrounding residents and thus, to the neighborhood. To accomplish this, the applicant developed a set of rules and standards by which the skateboard ramp will be constructed and used. The design of the ramp and the rules for this use should prevent the sound from and activity of the ramp from becoming noise and an intrusion on the surrounding residents. The applicant also personally visited with the adjacent residents, explaining the standards and rules to them. Further, the applicant went beyond the adjacent residents and visited residents in the blocks around the subject site. The applicant gained signatures of support from those he visited. Staff, therefore, concludes that the ramp will be constructed and operated in a manner such that it will not prove to be a destabilizing influence in the neighborhood. The attached conditions, reflective of the applicant s self-imposed rules and standards, will ensure this. Additionally, a condition is recommended requiring an annual review of the facility to make sure the rules are being adhered to and the facility is not acting as a destabilizing influence on the neighborhood. CONDITIONS 1. The skateboard ramp shall be located and constructed in substantial compliance with the submitted marked-up property survey entitled Physical Survey of Lot 781, Alexandria, Section Four B by Dennis J. Gerwitz, P.C. and dated December 15, Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in the construction of the ramp: (1) the underside of the plywood beneath the skating surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall be installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be Page 3

4 used. 5. The ramp shall only be for the use of the applicant and invited guests. All users of the ramp shall be age 18 or over. 6. The Zoning Administrator shall annually evaluate whether the rules have been adhered to. If the evaluation reveals that the conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the conditions are not being met, the Zoning Administrator shall refer the Use Permit to the City Council for revocation. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 4

5 AERIAL OF SITE LOCATION Page 5

6 PROPOSED SITE PLAN Page 6

7 PROPOSED CONSTRUCTION PLAN Page 7

8 1 # DATE DESCRIPTION ACTION Conditional Use Permit (borrow pit) Granted ZONING HISTORY Page 8

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