special use permit staff report · in 2011, notre dame academy came before the zoning board of...

SUP2015-03

1 | P a g e

SPECIAL USE PERMIT STAFF REPORT September 21, 2015

CASE NUMBER: SUP2015-03

CURRENT ZONING: M-1

LOCATION: River Green Parkway

TAX MAP NUMBER: R6325 058

EXISTING USE: School (with CUP)

PROPOSED USE: School (Request SUP for loudspeakers)

APPLICANT:

Notre Dame Academy

C/O Marian C. Adeimy of Andersen, Tate, & Carr PC

1960 Satellite Blvd., Suite 4000

Duluth, GA 30097

PROPERTY OWNER:

Same as Applicant (above)

STAFF RECOMMENDATION: APPROVE with conditions

SUP2015-03

2 | P a g e

I. PURPOSE

The applicant seeks to acquire a Special Use Permit for a loudspeaker system under Article III,

Section §9-65-3 of the City of Duluth Municipal Code of Ordinances.

II. BACKGROUND AND DETAILED INFORMATION

Notre Dame Academy was granted a conditional use permit (CUP#143-05) to operate a school

in the M-1 zoning district by the City of Duluth Zoning Board of Appeals in 2005. This CUP was

conditioned with a twelve year time limit.

In 2011, Notre Dame Academy came before the Zoning Board of Appeals and requested a new

conditional use permit that waived the twelve year limit. This was granted in 2011 under

CUP#2011-002.

Notre Dame Academy then applied for a conditional use permit to expand their campus. This

request was granted under CUP#2013-002 by the City of Duluth Zoning Board of Appeals in

2013.

The Zoning Board of Appeals did, however, condition the approval. Condition #5 states:

The use of any loudspeaker, loudspeaker system, sound amplifier or other similar device on the

property shall be prohibited unless a special use permit has been obtained from the Mayor and

Council of the City of Duluth for the operation of such loudspeaker, loudspeaker system, sound

amplifier or other similar device as is required per Article III, Section §9-65-3 of the City of

Duluth Municipal Code of Ordinances.

In April of this year Notre Dame Academy submitted a special use application to install

loudspeakers. The request was brought before the City of Duluth Planning Commission on May

18, 2015. The applicant requested the case be tabled until the July 20, 2015 Planning

Commission meeting. Requirements mandated by the Municipal Code, specifically Article III,

Section §9-65-3, could not be met as the loudspeaker system had not been purchased and thus

the questions could not be answered.

As requested, the case was brought before the Planning Commission on July 20, 2015. At that

time, the system was still not purchased and the applicant once again requested the case be

tabled. Specifically, the request was to table the case until the September 21, 2015 Planning

Commission meeting. Planning Commission approved the request to table SUP#2015-03 until

the September 21, 2015 meeting.

The loudspeaker system has since been purchased and the applicant has submitted the required

documentation for review.

SUP2015-03

3 | P a g e

III. CURRENT SITE CONDITIONS

SUP2015-03

4 | P a g e

IV. STANDARD OF REVIEW

A. Zoning Ordinance/Special Use Application Requirements §1908 of the Zoning Ordinance states that the following standards shall be applied when considering zoning proposals:

1. Whether the zoning proposal will permit a use that is suitable in view of

the use and development of adjacent and nearby property:

SUP2015-03

5 | P a g e

Applicant response: The subject property was previously approved for development of a private school campus, gym, classrooms, student center and sports fields. The proposed special use permit seeks to allow for a loudspeaker to be used and associated with the sports and athletic fields, only, during athletic events, field days, soccer games and similar sports activities. The proposed athletic uses are a permitted use and consistent with the adjacent soccer fields and City park. The addition of a loudspeaker for athletic events will have no substantial effect or impact on the adjacent developments, especially where the subject property already serves as the location of the existing private school and sports fields. Staff: The M-1 zoning requires Notre Dame Academy to have a Conditional Use Permit (Section 1211C.8 of the Zoning Ordinance). Notre Dame Academy applied for a conditional use permit in 2005 and received approval from the Zoning Board of Appeals. They also applied for a CUP to expand their campus in 2013. This request was granted under CUP#2013-002 by the City of Duluth Zoning Board of Appeals on December 4, 2013. The zoning and use will remain unchanged. The proposal does not impact or change the use.

2. Whether the zoning proposal will adversely affect the existing use or

usability of adjacent or nearby property:

Applicant response: The surrounding properties include a large scale soccer facility and the existing private school and sports fields being planned and developed. The proposed loudspeaker is consistent with the adjacent and existing athletic and school uses and will support and supplement those uses during appropriate times and events.

Staff: A loudspeaker system must adhere to the Duluth Municipal Code (see IV B of this report) in order to operate. The purpose of these requirements is to ensure the impact of the noise on the surrounding areas is as minimal as possible.

3. Whether the property to be affected by the zoning proposal has a

reasonable economic use as currently zoned:

Applicant response: Yes.

Staff: The zoning and use remain unchanged.

4. Whether the zoning proposal will result in a use which will or could

cause an excessive or burdensome use of the existing streets, transportation facilities, utilities, or schools:

SUP2015-03

6 | P a g e

Applicant response: The proposed loudspeaker will have no impact on the existing streets, transportation facilities, utilities or schools and will supplement the existing private school and athletic fields already approved.

Staff: The zoning and use remain unchanged.

5. Whether the zoning proposal is consistent with the Land Use Policy Plan,

Comprehensive Plan, transportation plans, and other plans adopted for guiding development within the City of Duluth: Applicant response: The proposed use is consistent with the M-1 zoning and

approved private school development for this site, along with adjacent commercial

and athletic field uses.

Staff: The use was deemed consistent with the Community Agenda (Comprehensive

Plan) when the initial Conditional Use Permit was approved. However, in 2014, the

updated 2035 Community Agenda specifically states places of public assembly

should be prohibited. This does not impact Notre Dame Academy but should be

noted. The use is consistent with the M-1 zoning with a conditional use permit as

allowed per the City’s zoning ordinance.

6. Whether there are other existing or changing conditions affecting

the use and development of property which give supporting grounds for either approval or disapproval of the zoning proposal: Applicant response: The Catholic school is only adjacent to the internal road located in the River Green business park which is primarily used for access to the existing Catholic school and the businesses in the area. Like nearby public schools, the Catholic school seeks to allow its students to benefit from state-of-the art athletic programs to attract the highest caliber student and provide student and athletic programs consistent with those provided by nearby public schools. With the proposed athletic fields and open space, the proposed development is designed to and will meet all landscaping requirements and will allow this private, catholic school to provide loudspeakers at the same type of athletic events permitted on public and County-school property. The proposed special use supplements and improves upon the existing and growing Catholic school which has positively impacted the City of Duluth and maintains an excellent reputation throughout the area. The existing Catholic school, the location of the property, and the approved development sets precedent for the approval of this additional special use permit request. Staff: The zoning and use remain unchanged.

B. Municipal Code Requirements – Loudspeakers and Amplifiers (III 9.65)

SUP2015-03

7 | P a g e

1. The using or operating of any loudspeaker, loudspeaker system, sound

amplifier or other similar device between the hours of 10:00 p.m. and

7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and

holidays is prohibited.

Applicant response #7 on page 2 of the Sound Analysis and Responses Letter

(attachment “A”): Like the nearby public high schools, use will generally take place

during the day on weekends and during the evening on weekdays, for secondary

school and future high school baseball, soccer and football games. Evening games will

typically start around 6:30 p.m. and end around 9 or 9:30 p.m.

Staff: This appears to meet the requirement. Though we understand that a typical

game could extend beyond this timeframe due to weather delays or other such

uncontrollable events or circumstances. Staff supports a cutoff time of 10:00 PM

regardless of the game or activities length. Please refer to condition number three.

2. The use of any loudspeaker, loudspeaker system, sound amplifier or

other similar device at any location which is within one thousand (1,000)

feet of the property boundary of a residential area or noise sensitive area

as defined in this article is prohibited unless a special use permit has been

obtained from the mayor and council of the City of Duluth for the

operation of such loudspeaker, loudspeaker system, sound amplifier or

other similar device.

Such special use permits shall be granted on a case by case basis. Those

desiring to obtain such a special use permit shall make application to the

planning and development department. The planning and development

department shall review the application and shall transmit it to the mayor

and council with a recommendation. In reviewing the application, the

planning and development department and the mayor and council shall

consider the following:

a. The volume of noise to be generated by the operation of the device;

Applicant response page 7 of the Vision Quest Noise Impact Analysis

(attachment “B”): 87-96 dBA (A-weighted decibels are an expression of the

relative loudness of sounds in air as perceived by the human ear).

SUP2015-03

8 | P a g e

Staff: Vision Quest has provided a detailed account of what the level will be,

it’s impact, and how it will be controlled (by a “limiter”).

b. Whether the nature of the noise is usual or unusual;


(attachment “B”): Background or ambient noise in a typical suburban area

will average between 50 – 60 dBA. Urban areas will average between 60 – 70

dBA. The City of Duluth municipal code sets the sound level limit for a

residential area at 60 dBA and a multi-family dwelling at 50 dBA. Our

predictive analysis shows that, even at maximum system operating levels, the

SPL in the nearest neighboring communities will be 51 dBA and lower. For

most events, the average volume levels will be much lower.

Staff: This appears to be the usual noise coming from a sporting event – and

appears to be within an acceptable dBA range for a residential area.

c. The volume and intensity of background noise in the area;


(attachment “B”): Background or ambient noise in a typical suburban area

will average between 50 – 60 dBA. Urban areas will average between 60 – 70

dBA. The City of Duluth municipal code sets the sound level limit for a

residential area at 60 dBA and a multi-family dwelling at 50 dBA. Our

predictive analysis shows that, even at maximum system operating levels, the

SPL in the nearest neighboring communities will be 51 dBA and lower. For

most events, the average volume levels will be much lower

Staff: It appears to be within an acceptable dBA range for a typical

suburban area.

d. The ability of noise from the device to be heard in the residential or

noise sensitive areas;

SUP2015-03

9 | P a g e


(attachment “B”): The maximum dBA is 51 when measured at the nearest

residential property. The City’s Codes of Ordinance mandates 60 dBA or lower

for residential properties (Article III, 9-66).

Staff: Vision Quest analysis shows the noise to be within an acceptable dBA

range for a residential area.

e. The nature and zoning of the applicant's property;

Applicant response from SUP application; The property is being used for a

private school campus and related educational and athletic uses.

Staff: Accurate description but note the school operates under a Conditional

Use Permit.

f. The density of inhabitants in any residential area within one

thousand (1,000) feet;


(attachment “A”): The immediate office park has no residential uses or

occupants. However, based on the 2008 census, the 1,000 foot radius housing

density outside the office park is estimated to be an average of 1,029 persons

per square mile (see also attachment “B” Vision Quest Noise Impact Analysis).

Staff: The density and uses referenced are accurate.

g. The time of day or night proposed for use of the device;


(attachment “A”): Like the nearby public high schools, use will generally take

place during the day on weekends and during the evening on weekdays, for

secondary school and future high school baseball, soccer and football games.

SUP2015-03

10 | P a g e

Evening games will typically start around 6:30 p.m. and end around 9 or 9:30

p.m.

Staff: Municipal Code restricts the hours of operation. System cannot be used

between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m.

and 10:00 a.m. on weekends and holidays.

h. Whether the noise to be produced by the device is recurrent,

intermittent, or constant;


(attachment “A”): Intermittent (during games only).

Staff: The statement classifying the noise as intermittent and occurring

during the normal the game and/or activity. This is accurate. However,

during the course of the game/event at no time is the dBA to exceed the limit

set forth in condition three of this report.

i. The proposed placement of speakers to be operated in connection

with the device.


(attachment “A”): Speakers will be placed on the primary light poles and press

box (see also attachment “B” Vision Quest Noise Impact Analysis).

Staff: Speaker locations appear to be placed in the most conducive position

in order to buffer residents from noise.

SUP2015-03

11 | P a g e

V. PLANNING STAFF RECOMMENDATION

Staff recommends approval of SUP2015-03 with the three conditions listed below. The violation

of any of these conditions may result in the revocation of this Special use Permit.

1. Loudspeaker shall be installed as proposed in attachment “B”; Vision Quests Noise

Impact Study.

2. The SPL (sound pressure level) in the nearest neighboring communities shall not exceed

be 51 dBA (A-weighted decibels).

3. Notre Dame Academy must abide by the City of Duluth Municipal Code Article III

Section 9.65 3.a which states the using or operating of any loudspeaker, loudspeaker

system, sound amplifier or other similar device between the hours of 10:00 p.m. and

7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays is

prohibited.

SUP2015-03

12 | P a g e

A

SUP2015-03

13 | P a g e

SUP2015-03

14 | P a g e

B

SUP2015-03

15 | P a g e

SUP2015-03

16 | P a g e

SUP2015-03

17 | P a g e

SUP2015-03

18 | P a g e

SUP2015-03

19 | P a g e

SUP2015-03

20 | P a g e

SUP2015-03

21 | P a g e

SUP2015-03

22 | P a g e

SUP2015-03

23 | P a g e

SUP2015-03

24 | P a g e

SUP2015-03

25 | P a g e

special use permit staff report · in 2011, notre dame academy came before the zoning board of...

Documents