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HomeMy WebLinkAboutCU-16-06 SP-16-65 - Decision - 0099 Proctor Avenue#CU-16-06 & #SP-16-65 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RICE MEMORIAL HIGH SCHOOL — 99 PROCTOR AVENUE CONDITIONAL USE APPLICATION #CU-16-06 AND SITE PLAN APPLICATION #SP-16-65 FINDINGS OF FACT AND DECISION Conditional use application #CU-16-06 & site plan review application #SP-16-65 of Rice Memorial High School for after -the -fact approval to amend a previously approved plan for a 126,875 sq. ft. educational facility. The amendment consists of allowing a baseball backstop to exceed the 15 ft. height limit by a maximum of 21 feet, for a maximum height of 36 feet, 99 Proctor Avenue. The Development Review Board held a public hearing on October 18, 2016. The applicant was represented by Tom Barden and Sister della Santo. Based on the plans and 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, Rice Memorial High School, seeks to amend a previously approved plan for a 126,875 sq. ft. educational facility. The amendment consists of allowing a baseball backstop to exceed the 15 ft. height limit by a maximum of 21 feet, for a maximum height of 36 feet, 99 Proctor Avenue. 2. The owner of record of the subject property is Roman Catholic Diocese of Burlington, Inc. 3. The applications were received on September 14, 2016. 4. The property lies within the Residential 4 Zoning District. 5. The plan submitted consists of seven (7) pages with the first page titled "Baseball Backstop Fence — Proposed design alterations for existing fence," prepared by the Diocese of Burlington, and dated 9/7/2016. ACCESSORY STRUCTURES AND USES 3.10 Accessory Structures and Uses A. General Requirements. Customary accessory structures and uses are allowed in all districts, as specifically regulated in that district, under the provisions that follow below. (1) On lots of less than one (1) acre in size, no more than two (2) accessory structures, including a detached private garage, shall be permitted per principal structure. On lots used primarily for agricultural uses and lots that are one (1) acre or greater in size, more than two (2) accessory structures shall be permitted provided all applicable limitations on coverage and setbacks in these Regulations are met. #CU-16-06 & #SP-16-65 The site is greater than one (1) acre in size and all applicable limitations on coverage are currently being met. (2) Accessory structures, if detached from a principal structure, shall not be placed in the front yard, and they shall not, if placed in a side yard, be located closer to the street than the required front setback of the principal structure. (3) Accessory structures shall be located a minimum of five (5) feet from all side and rear lot lines. The Board finds that the above criterion have been met. (4) ... (5) ... (6) ... (7) Accessory structures shall comply with front setback requirements for the principal structure to which they are accessory. The Board finds that the above criterion has been met. (8) ... (9) The total square footage of all accessory structures shall not exceed fifty percent (50%) of the first or ground floor of the principal structures, with the exception of in -ground pools, tennis courts, and other similar structures at grade level, which shall not be counted towards the maximum square footage of accessory structures. The total square footage of all accessory structures is not changing as a result of this application. The Board finds this criteria met. (10) The footprint of the accessory structure(s) shall be included in the computation of lot coverage, except for ramps and other structures for use by the disabled, which in the sole discretion of the Administrative Officer are consistent with the purpose of providing such access and do not constitute a de facto expansion of decks, porches, etc. The total square footage of all accessory structures is not changing as a result of this application. The Board finds this criteria met. CONDITIONAL USE STANDARDS The detached accessory structure under review is the backstop. The maximum height permitted in the R4 Zoning District for an accessory structure is 15 feet. The applicant has requested a waiver from the maximum height which would allow the backstop to be a maximum of 36 feet in height. 2 #CU-16-06 & #SP-16-65 Pursuant to Section 14.10(E) of the LDRs, the proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. (3) Traffic on roads and highways in the vicinity. (4) Bylaws and ordinances then in effect. (5) Utilization of renewable energy resources. None of the above criterion will be impacted by the increased height of the backstop. The Board finds there will be no undue adverse effects. SITE PLAN REVIEW STANDARDS Section 14 of the Land Development Regulations establish the following general review standards for site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. 1) 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. 2) Parking 3) 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 anticipated adjoining buildings. The school building adjacent to the backstop is approximately 25 feet in height and therefore similar to the backstop, which will be 36 feet in height. The Board finds them to be compatible. C. Relationship of Structure and Site to Adjoining Area 1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g. rhythm, color, texture, form or detailing), landscaping, buffers, screens, and visual interruptions to create attractive transitions between buildings of different architectural styles. 2) 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. 3 #CU-16-06 & #SP-16-65 The Board finds the area of the backstop to be well -screened by existing trees from the closest neighboring properties, which are to the south. Additionally, neighbors to the north of the school property are approximately 800 ft. or more from the backstop. Specific Review Standards A. Access to abutting properties. The reservation of land maybe required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No reservation of land is necessary. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. No new utilities are proposed. C. Disposal of Wastes. 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). Small receptacles intended for use by households or the public (i.e., non-dumpster, non -large drum) shall not be required to be fenced or screened. No new dumpsters, recycling, or composting areas are proposed. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The property is heavily screened along the west side by wooded land. There are also stands of trees along the south (which is where the backstop is located), east, and most of the north side of the property. The Board finds the existing landscaping to be sufficient. DECISION Motion by Matt Cota, seconded by Jennifer Smith, to approve conditional use application #CU-16-06 and site plan application #SP-16-65 of Rice Memorial High School, subject to the following conditions: All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. Prior to issuance of a zoning permit for the accessory structure, the applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the structures. n #CU-16-06 & #SP-16-65 4. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 5. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 6. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6— 0 — 0. Signed this 9th day of November 2016, by Bill Miller, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 5