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Plan Review Detail
Review Status: Completed
Review Details: REZONING - IPC
Plan Number - T08SE00036
Review Name: REZONING - IPC
Review Status: Completed
| Review Date | Reviewer's Name | Type of Review | Description | Status | Comments |
|---|---|---|---|---|---|
| 09/11/2008 | DAVE MANN | FIRE | REVIEW | Approv-Cond | A fire department lock box is required at each gate. |
| 09/15/2008 | MATT FLICK | ENGINEERING | REVIEW | Completed | The request contains adequate information to determine compliance with the Arroyo Chico Area Plan. |
| 09/26/2008 | JOHN BEALL | COMMUNITY PLANNING | REVIEW | Completed | DEPARTMENT OF URBAN PLANNING & DESIGN SE-08-36 Griffin Foundation, Inc. - Alvernon Way C-2, ZE Full Notice Procedure Arroyo Chico Area Plan 09/19/08 jsh (combined ipc and full distribution review) Request This is a request for an expansion of an existing, nonconforming land use. The Griffin Foundation School, which is a charter school, has been operating in its current 3.1-acre lease site at 1844 S. Alvernon Way since 2001. The facility occupies part of an older shopping center on the western side of Alvernon Way, north of 29th Street. Currently serving children in grades pre-kindergarten through six, they would like to add grades seven and eight. To accommodate an increased enrollment and provide additional classroom and related space, they are proposing to expand the school facility into vacant portions of the existing shopping center. Currently, the facility includes 20,970 square feet of interior building space. The proposal is to add an additional 15, 957 square feet of interior space, which is a 76% increase. Nonconforming Use, Airport Environs Zone (AEZ), Noise Control District (NCD) The site is located south of Randolph Park, less than one-half mile north of Davis-Monthan Air Force Base (D-MAFB), in a designated noise control district (NCD-A). When the school began operating in this location in 2001, educational uses were allowed. However, when the AEZ Ordinance was revised, effective January 1, 2005, the use became nonconforming (educational uses for elementary and secondary schools are prohibited in NCD-A per LUC 2.8.5.9.A.2.a.). Per a May 29, 2008 letter from the Zoning Administrator, expansion of this conforming use may be pursued subject to the criteria listed in LUC 5.6.1.B. A key criterion is that amount of expansion shall not exceed 50% of the floor area of the existing building devoted to the non-conforming use (LUC 5.6.1.B.4.). Approval is through the Zoning Examiner Full Notice Procedure. Development Compliance Code Sections 23A-50 and 23A-53 apply, as does Development Standard 9-05 - Sound Attenuation. Land Use Plan Policy Summary The site is located within the bounds of the Arroyo Chico Area Plan, which provides policy guidance. A school is considered a public/semi-public facility. Plan policies encourage the continued use of existing public facilities, and policies specifically encourage the continued use of the existing neighborhood school (Julia Keen Elementary, which has since been closed). Other policies require development along major streets to provide parking and circulation onsite. The integrity of established neighborhoods is to be preserved. Development of noise sensitive uses near DM-AFB is encouraged to incorporate acoustical treatment measures that will reduce interior noise levels to a maximum of 45 LDN. Sufficiency of Information to Determine Plan Compliance Meetings. The applicant attended a pre-submittal meeting with staff on June 18, 2008. The required neighborhood meeting was held on June 30, 2008; five neighbors attended. Based on the information submitted, neighbors expressed support for the school expansion. One asked why schools are allowed in noise control areas. Information Submitted. A Site Inventory/Design Compatibility Analysis and two acoustical analyses were submitted. The first acoustical analysis assessed whether exterior windows, doors and walls, and the ceiling/roof satisfy LUC standards for Sound Transmission Class (STC). The second acoustical analysis assessed noise levels inside the school relative to the land use code and development standards for acceptable noise levels. Letters of support for the proposed school expansion were submitted from the Myers, Naylor, and Julia Keen Neighborhood Associations. Petitions in support of the proposal, with what appears to be over 80 signatures, were also submitted. Proposal. The proposal is to expand the 20,970 square-foot interior use area by an additional 15,957 square feet, to 36,927 square feet, to accommodate a maximum projected population of 650 students. This would constitute a 76% expansion in the floor area of the existing buildings devoted to the nonconforming use, which appears to be inconsistent with the LUC criteria for expansion of a nonconforming use (LUC 5.3.6.1.B.4.). Proposed improvements are limited to new perimeter fencing along the north, east and a small portion of the south property lines; additional bicycle racks; a new trash enclosure; and limited re-striping of the existing parking lot. No new building expansion is proposed; existing vacant building space will be remodeled. No increase in lot coverage or vehicle use area is proposed. No new landscaping is proposed. Based on the information provided, work on the buildings will consist of tenant improvements only. Sufficiency of Information Submitted. Sufficient information has been submitted to demonstrate compliance with Arroyo Chico Area Plan policies. It is unclear whether the proposal is consistent with the LUC provisions relative to the amount of the expansion. Surrounding Land Uses and Zoning The site and areas to the north and south along both sides of Alvernon are zoned C-2 and developed with commercial/retail uses. A bowling alley is to the north; a convenience market with gas pumps is to the south; and a strip retail center is to the east, across Alvernon. An established, single-family residential neighborhood is to the west, in R-2 zoning. The Citation Wash, a major tributary of Arroyo Chico, drains from southeast to northwest under the southern portion of the site, then flows north in an open channel west of and adjacent to the site. Consistency with Land Use Plan Policies Expansion of the proposed school is consistent with and supported by Arroyo Chico Area Plan (Plan) policies, which support the continued use of public/semi-public facilities, and expressly support maintaining a neighborhood school. As written, the policies support maintaining the Julia Keen Elementary School, which was closed by the Tucson Unified School District a couple of years ago. The Griffin Foundation School appears to provide an alternative neighborhood school, and, based on the information submitted, many children who attended Julia Keen now attend Griffin School. Regarding compatibility issues, a single-family residential neighborhood is west of and adjacent to the school site. Based on the limited hours of operation (7:00 a.m. to 6:00 p.m.); the small size of the existing outdoor recreation area; access from Alvernon Way, which should not generate any increased traffic in the neighborhood interior; and a site design that will accommodate parking and circulation onsite; the proposed expansion is compatible with the adjoining neighborhood. Plan policies require that new development be compatible with existing and future uses at D-MAFB. For noise-sensitive uses such as schools, policies encourage acoustical treatment to reduce interior noise levels to a maximum of 45 LDN. Development Standard 9-05 addresses reduction in interior levels through the use of materials and practices that will achieve minimum STC ratings, for exterior walls, doors and windows, and ceilings/roofs. Two acoustical analyses were submitted to address the noise issue. Based on the information submitted, it appears that the intent is to achieve the desired reductions in interior noise levels for the existing school areas as well as the expansion areas. The analyses concluded that a) if there are proper door and window seals in the expansion area as well as existing school areas, b) remodeling of the expansion areas adheres to the construction practices indicated relative to sound attenuation, and c) if gypsum board is installed on the interior of masonry walls where not present in the existing school areas, then the existing and proposed school facility will satisfy the LUC and Development Standard, and Arroyo Chico Area Plan policy direction for interior noise levels. Summary and Conclusion The proposal to expand this existing, nonconforming use in the AEZ NCD-A is consistent with the policy direction provided by the Arroyo Chico Area Plan. However, it is unclear if the proposal is consistent with LUC 5.3.6.1.B.4. If it is appropriate to recommend conditions, staff recommends the following, to enhance the proposal's consistency with the land use plan and the LUC: 1) The area of interior floor space expansion devoted to classroom use shall be limited to 50% of the existing 20,970 square feet of interior school space, or 10,485 square feet. The additional proposed expansion areas may be devoted to educational support uses. 2) Operating hours shall be restricted to between the hours of 7:00 a.m. and 6:00 p.m. 3) At least once per year, testing shall be conducted for the entire school, including the existing and expansion areas, as follows, to ensure the desired reductions in noise levels are being achieved and maintained: a) visual inspections of seals around the doors and windows, and of the physical condition of walls and the roof/ceiling; and b) sound testing in the interior classroom areas. If the inspections and testing indicate that sound levels are greater than the specified standards, appropriate measures will be taken, within a reasonable time frame after discovery, to correct the deficiencies. s:\caserev\SP-EXCPT\SE08-09\SE-08-36 Griffin Foundation - Alvernon Way.doc LAND USE PLAN POLICY ARROYO CHICO AREA PLAN Public/Semi-Public Policy 1 is to encourage the continued use of existing public facilities. Residential Policy 1 is to preserve the integrity of established neighborhoods. Development Along Major Streets Policy 1 is to encourage redeveloped uses along major streets to provide required parking and circulation onsite. D-MAFB Policy 1 is to ensure compatibility of new development with existing and future operations of D-MAFB. Implementation Technique A. is to encourage new development of residential and other noise sensitive uses to incorporate acoustical treatment measure that will reduce interior noise levels to a maximum of 45 LDN. Julia Keen Neighborhood Policy 1.C. is to encourage the continued utilization of the Julia Keen Elementary School as a neighborhood school. |
| 09/30/2008 | TERRY STEVENS | ZONING | REVIEW | Completed | TO: Rezoning Division Re: Acceptance of Information for Plan Compliance (IPC) Griffen Foundation, Inc. Alvernon Way Special Exception Case Number - SE-08-36 1. The proposed expansion of this nonconforming use ( LUC Sec. 2.5.4.2.C. 4. Educational Use: Elementary and Secondary Schools "31", subject to: Sec. 3.5.3.7 within the Airport Environs Zone Overlay NCD-A 65-70 and AHD for the DMAFB) falls under the LUC Sec. 5.3.6.1.B. 2. The following code section applies to this project. LUC Sec. 5.3.6.1. B. Expansion of a Nonconforming Use. A nonconforming use may be expanded within an existing or new structure or in land area subject to approval by the Examiner through a Zoning Examiner Full Notice Procedure, Sec. 23A-50 and 23A-53, and provided such expansion complies with the following criteria. (Ord. No. 9967, §5, 7/1/04) 1. The expansion is being undertaken within five (5) years of the time the use became nonconforming. The educational use was approved on 9-5-01. The AEZ was amended on 10-25-04. Complies within the 5 year period. 2. The expansion complies with LUC requirements. These requirements include, but are not limited to, setbacks applicable to the use itself or for new construction, bicycle and motor vehicle parking regulations, and landscaping and screening requirements. Development designator "31", requires or allows the following: Minimum site area = 0 Floor area ratio = 0.90, provided 0.27 Lot Coverage = N/A Maximum building height = 30 feet, provided 20 feet Interior perimeter yard indicator = DD Off-Street Parking: 93 spaces required, 112 provided Off-Street Loading: 2 - 12X35 required, 2-12X35 provided Bicycle Parking: 83 class two required, 84 class two provided Pedestrian Access: The provided pedestrian circulation/accessible route appears to be adequate This expansion appears to comply with this section. 3. The expansion is for the principal use or for a use that is accessory and incidental to the operation of the existing nonconforming use. (Ord. No. 8808, §1, 1/27/97) This expansion is for the existing nonconforming Educational use. 4. The amount of expansion does not exceed fifty (50) percent of the floor area of the existing building or land area devoted to the existing nonconforming use. Incremental expansions, cumulatively, shall not exceed the fifty (50) percent provision. I have reviewed the information provided with the application for expansion of a non-conforming use. Based on the information provided and the previous approved uses, it is my determination that the baseline school use is 32,462 sq ft and that the applicants can propose an expansion up to 15,438 sg ft. Additional consideration should be given to enhanced landscaping on Alvernon and within the site, improvements to the existing bus stop on Alvernon and additional pedestrian access from the bus stop to the school buildings. Craig L. Gross Deputy Director/Zoning Administrator Development Services Department City of Tucson 5. The expansion area adjoins the land area, within the same lot, which houses the nonconforming use. This proposed expansion is all on one lot. Complies. 6. The expansion must comply with the development criteria listed for the Land Use Class of the nonconforming use in the most restrictive zone in which the nonconforming use is permitted as of right. This use is allowed in the C-2 zone and is subject to LUC Sec. 3.5.3.7 The proposed expansion appears to meet the subject to sections of 3.5.3.7.A, .B, C, .D, .E, and .G. and will be considered to meet the requirements of 3.5.3.7.F as long as there are no opening in the south side of the building which appears to be the case per aerial photographs. (per Craig Gross) 3. The submitted plan, showing the proposed expansion appears to meet the requirements of LUC 5.3.6.1.B, LUC 3.5.3.7. and is therefore eligible for this process Should you have questions, contact me at 837-4961 please. Terry Stevens, Lead Planner City of Tucson, Development Services Department |