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HomeMy WebLinkAboutSD-05-94 - Decision - 0073 Thompson StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING THE ROCK OF GREATER BURLINGTON - 73 THOMPSON STREET PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT APPLICATION #SD-05-94 FINDINGS OF FACT AND DECISION The Rock of Greater Burlington, hereafter referred to as the applicant, is seeking preliminary plat approval for a planned unit development consisting of 13,000 sq. ft. house of worship to be built in two (2) phases, phase I being 7500 square feet and phase II being 6100 square feet, 73 Thompson Street. The Development Review Board held a public hearing on January 17, 2006. Walter Adams represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking preliminary plat approval for a planned unit development consisting of 13,000 sq. ft. house of worship to be built in two (2) phases, phase I being 7500 square feet and phase II being 6100 square feet, 73 Thompson Street. 2. The Development Review Board heard the sketch plan for this project on October 4, 2005. 3. The owner of record for the subject property is Summer Ice Joint Ventures. 4. The project contains 3.12 acres and is located in the Industrial and Open Space Zoning District. 5. The plans submitted with this application consist of a 13 page set of plans, page two (2) entitled, "Church of the Rock 73 Thompson St So. Burlington, VT 05403 Floor Plan & Elevations," prepared by Neagley & Chase Construction Co., dated 11 /28/05. BE CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING THE ROCK OF GREATER BURLINGTON - 73 THOMPSON STREET PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT APPLICATION #SD-05-94 FINDINGS OF FACT AND DECISION The Rock of Greater Burlington, hereafter referred to as the applicant, is seeking preliminary plat approval for a planned unit development consisting of 13,000 sq. ft. house of worship to be built in two (2) phases, phase I being 7500 square feet and phase II being 6100 square feet, 73 Thompson Street. The Development Review Board held a public hearing on January 17, 2006. Ariel Ainsworth represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking preliminary plat approval for a planned unit development consisting of 13,000 sq. ft. house of worship to be built in two (2) phases, phase I being 7500 square feet and phase II being 6100 square feet, 73 Thompson Street. 2. The Development Review Board heard the sketch plan for this project on October 4, 2005. 3. The owner of record for the subject property is Summer Ice Joint Ventures. 4. The project contains 3.12 acres and is located in the Industrial and Open Space Zoning District. 5. The plans submitted with this application consist of a 13 page set of plans, page two (2) entitled, "Church of the Rock 73 Thompson St So. Burlington, VT 05403 Floor Plan & Elevations," prepared by Neagley & Chase Construction Co., dated 11 /28/05. - 1 - Zoning District & Dimensional Requirements Table 1. Dimensional Requirements 10 Zoning District 11 Required Proposed Min. Lot Size 3 acres 3.12 acres �l Max. Density n/a n/a �l Max. Building Coverage 30% 10.5% �l Max. Overall Coverage 50% 44.3% �l Min. Front Setback 50 ft. 200 ft. �l Min. Side Setback 35 ft. 35 ft. �l Min. Rear Setback 50 ft. 50 ft. Max. Building Height 35 ft. 28 ft. �l Front Yard Coverage 30% 22% �l zoning compliance n/a no residential units proposed SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. The entire meadowland Business Park has been preliminarily approved for water allocation. However, the applicant had previously been instructed to submit plans and requests to the South Burlington Water Department for review to ensure compliance with the initial approval. The applicant has done this and a letter from the South Burlington Water Department dated December 20, 2005 has been received. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The applicant shall obtain preliminary wastewater capacity allocation from the Director of Planning and Zoning, Juli Beth Hinds, prior to recording of the final plat plans. -2- Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant has submitted sufficient and appropriate grading and erosion control plans. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to this property is proposed via a drive off of Thompson Street, a future public road off of Meadowland Drive. Thompson Street is currently paved to just north of the subject property line. The applicant is proposing to extend the pavement by 80 feet to serve the driveway. As no future development is expected to the north of this property, extending the roadway to the northern property line is not necessary. However, the road will require a turnaround for vehicles, including public works. The applicant will install a hammerhead turnaround to the north of the access and has agreed to specifications acceptable to the City Engineer, Department of Public Works, and the Fire Chief. The proposed access drive to the property is listed at 24 feet. This is an appropriate width for the proposed use. The applicant has proposed to continue the sidewalk to the driveway. This is acceptable. According to the ITE Trip Generation Manual, 7ch Edition, the 7500 square feet of church use is estimated to generate 4.95 P.M. peak hour trip ends. When the proposed future addition of 6100 square feet is included, an additional 4.03 PM peak hour trip ends are estimated. During sketch plan review, the applicant indicated plans for 950 square feet of daycare space. The applicant has not indicated this on preliminary review. If the applicant continues to plan for daycare space, the vehicle trip ends will be adjusted accordingly. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The subject property contains identified Class III wetlands. The proposed future addition and parking lot encroaches into the 50 ft. buffer of the wetlands. Therefore, review by the Natural Resources Committee (NRC) is required. The NRC reviewed the proposal on January 5, 2006 and recommends that the Development Review Board allow the proposed Class III buffer encroachment without any conditions. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. According to Section 6.04(A) of the Land Development Regulations, the Industrial -Open Space lO District is established to provide suitable locations for high -quality, large -lot -3- office, light industrial and research uses in areas of the City with access to major arterial routes and Burlington International Airport. The 10 District regulations and standards are intended to allow high -quality planned developments that preserve the generally open character of the district, minimize impacts on natural resources and water quality, and enhance the visual quality of approaches to the City while providing suitable locations for employment and business growth. The location and architectural design of buildings in a manner that preserves these qualities is strongly encouraged. The proposed project is in compliance with the stated purpose of the 10 District, as outlined in the Land Development Regulations. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The open spaces on this property are largely limited to the perimeter of the lot. This should allow for the creation of open spaces between adjoining parcels. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. It has already been stated that the Fire Chief shall review the plans Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. The applicant is proposing a stormwater retention pond on the property. This pond meets 2002 standards and is acceptable. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The subdivision plans for the entire Meadowland Business Park show details on street utilities, lighting, and stormwater management. These have been approved by the City Engineer, so they are acceptable for the proposed project. A lighting point by point plan for the proposed project has been submitted. The lighting within the property bounds is acceptable. However, the spillover of lighting beyond the property bounds above .3 foot candles is not permitted. The applicant should revise the lighting plan to ensure that, in accordance with Appendices A.9 and A. 10 of the Land Development Regulations, lighting beyond the property lines shall not exceed 0.3 foot candles maximum and 0.1 foot candles average. The lighting proposed near Thompson Street is shown as high as 0.9 foot candles. The applicant has submitted exterior lighting details (cut -sheets) for the proposed lighting on the subject parcel; these are in compliance with Appendix D of the Land Development Regulations. M The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed development of this property is in conformance with the South Burlington Comprehensive Plan. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The applicant has provided for adequate pedestrian movement to and within the subject lot According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, the parking requirements for places of worship shall be based on the number of seats within the building. Based on 273 proposed seats, the proposal will require 137 parking spaces. Furthermore, the parking requirements for the day care facility are based on the number of employees and licensed enrollment capacity. The applicant has stated that the maximum capacity of the daycare will be 28 with a maximum of 4 full time employees. This results in an extra 7 parking spaces. Thus, a total of 144 parking spaces are required if a daycare is proposed. 120 parking spaces are provided. Therefore, the applicant is requesting a parking waiver of 16.7%. The Development Review Board hereby grants a parking waiver of 16.7%. The applicant shows five spaces marked as handicapped accessible, the number required under the South Burlington Land Development Regulations. These handicapped spaces and related aisles are appropriately sized in accordance with the regulations. The dimensions of the proposed parking spaces appear to meet the requirements in Table 13-8 of the Land Development Regulations. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. A bicycle rack is depicted on the plans. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The majority of the proposed parking is located in front of the building with respect to Thompson Street. While this is not in conformance with the regulations, the parking layout to be acceptable in that the parking will largely be shielded from the more heavily trafficked Meadowland Drive. -5- Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The height of the proposed one-story building is 39 ft, which is in compliance with the Land Development Regulations. The proposed project is located in a business park in an area where industrial uses exists The scale of the proposed building is compatible with existing buildings in the area. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant has submitted elevations of the proposed building. The elevations are in compliance with this criterion. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Again, the applicant has submitted elevations of the proposed building. They offer a suitable visual relationship with surrounding buildings. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. There is no need to provide additional access to abutting properties. The layout of the area is such that all adjacent properties already have sufficient access. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. MOM All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans currently depict a dumpster. The dumpster appears to be adequately screened and located. Landscaping and Screening Requirements Based on submitted cost projections for this property, a total landscaping budget of $14,880 will be required for Phase 1 of the project. An additional $5,000 of landscaping will be required for Phase II of the project. The applicant has submitted a proposed landscaping budget of approximately $9,816. This has been addressed with the applicant and they will be submitting a revised landscaping plan and budget. Pursuant to Section 13.06(B) of the Land Development Regulations, in all off-street parking areas with twenty-eight (28) or more parking spaces, at least ten percent (10%) of the interior of the parking area shall be landscaped with trees, shrubs, and other plants. All interior and perimeter planting shall be protected by curbing. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) feet. Large islands are encouraged. This parking lot contains more than 28 spaces. The site plan appears to show significant islands. The applicant has indicated that the percentage of the parking area which is included in these islands is 12.9%. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area must be specified and located in an area that will minimize the potential for run-off. The plans do not currently depict a snow storage area. Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations, any utility cabinets on the site shall be effectively screened to the approval of the Development Review Board. View Protection Zone The subject property is located within the Hinesburg Road -North Scenic View Protection Overlay District and thus subject to Section 10.03(H) of the South Burlington Land Development Regulations. Specifically, no part of any structure within the zone shall exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said part of said structure is horizontally distant from the Hinesburg Road -North View Protection Zone Base Line shown on the Scenic View Protections Overlay District Map. The building elevation of 381 ft. is below the elevation threshold of 401.5 ft. -7- Other The City Engineer will review the final plat plans. The subject property is located within the Industrial Open Space District and as such shall be subject to Section 6.04(F) and 6.05 of the South Burlington Land Development Regulations. The subject property is located within the Airport Approach Cone and as such shall be subject to Section 13.03 of the South Burlington Land Development Regulations. Phasing The applicant is proposing to develop the property in two phases. The first phase is proposed to include the main building, the access drive, road extension, all parking, all landscaping associated with the cost of the primary building, all electrical, sewer and water infrastructure, and the stormwater treatment pond. The second phase is proposed to include the proposed future addition, and landscaping associated with the building cost of the addition. The applicant has estimated that the second phase may occur approximately 3 years after the first phase. The Board supports this phasing plan. DECISION Motion by Gayle Quimby, seconded by Roger Farley, to approve Preliminary Plat Application #SD-05-94 of the Rock of Greater Burlington, subject to the following conditions. 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 2) This project shall be completed as shown on the plat submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3) The plans shall be revised to reflect the changes below and shall be approved by the Administrative Officer. a) The plans shall be revised to comply with the requests of thee South Burlington Water Department, as outlined in a letter from Jay Nadeau dated December 20, 2005. b) The applicant shall revise the plans so that the lighting beyond the property lines shall not exceed .3 foot candles maximum and 0.1 foot candles average. c) The plans shall be revised to depict adequate snow storage areas. d) The landscaping plan shall include any utility cabinets on the site, which shall be effectively screened. e) The plans shall be revised to comply with the requests of the South Burlington Fire Chief, as outlined in his letter dated January 13, 2006. f) The site plans shall be revised to remove all references to signs and all references to the Phase II addition. 4) The applicant shall adhere to the comments provided by the South Burlington Water Department in the letter dated December 20, 2005. 5) The applicant shall obtain preliminary wastewater capacity allocation from the Director of Planning and Zoning, Juli Beth Hinds, prior to recording of the final plat plans. 6) The applicant shall comply with the requests of the South Burlington Fire Chief as outlined in his letter dated January 13, 2006. 7) The applicant shall indicate if, and how much, daycare is proposed for the site with the final plat submission. 8) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 9) The Development Review Board grants a parking waiver of 16.7% for a total of 120 spaces for both phases. 10) The applicant shall submit a revised landscaping budget for the subject property, in compliance with Table 13-9 of the South Burlington Land Development Regulations, as part of the final plat application. This shall include provisions for both Phase I and Phase II of the development. 11) The applicant shall submit the final plat application within twelve (12) months. Mark Behr ye nay/abstain/not present Matthew Birmingham — e ay/abstain/not present Chuck Bolton — yea/nay/abstain/ of resen John Dinklage 4�ay/abstain/not present Roger Farley — e a /abstain/not present Larry Kupferman — e nay/abstain/not present Gayle Quimby — e ay/abstain/not present Motion carried by a vote of &- . e'�>- U Signed this = day of 2006, by John Dinklage, Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). -10-