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HomeMy WebLinkAboutCU-16-04 SP-16-35 - Decision - 0099 Proctor Avenue#CU-16-04 & #SP-16-35 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RICE MEMORIAL HIGH SCHOOL — 99 PROCTOR AVENUE CONDITIONAL USE APPLICATION #CU-16-04 AND SITE PLAN APPLICATION #SP-16-35 FINDINGS OF FACT AND DECISION Conditional use application #CU-16-04 & site plan review application #SP-16-35 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: 1) replacing the first base dugout with a 32' X 8' dugout, 2) replacing the third base dugout with a 22' X 32' dugout, 3) replacing the backstop, and 4) placing 6,449 cubic yards of fill on the front lawn, 99 Proctor Avenue. The Development Review Board held a public hearing on August 23, September 6, September 20, October 4, and 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: 1) replacing the first base dugout with a 32' X 8' dugout, 2) replacing the third base dugout with a 22' X 32' dugout, 3) replacing the backstop, and 4) placing 6,449 cubic yards of fill on the front lawn, 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 June 8, 2016. 4. The property lies within the Residential 4 Zoning District. 5. The plan submitted consists of one (1) page titled "Rice Memorial H.S. South Burlington, Vermont," prepared by Forcier Consulting Engineers, PC, and dated 5/24/2016. 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-16-04 & #SP-16-35 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 two (2) dugouts have a combined square footage of approximately 960. The principal building on the site is approximately 85,000 square feet; the applicant has not stated what portion is on the first floor. Presuming, conservatively, that at least 50% of the 85,000 square is on the first floor that would limit the applicant to accessory structures that, in total, do not have a square footage greater than 21,250. The dugouts in combination with the other accessory structures, such as the two (2) temporary storage boxes, are less than 1,400 square feet. 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 Board finds this criteria met. CONDITIONAL USE STANDARDS The detached accessory structures include two dugouts next to a playing field and a backstop associated 2 #CU-16-04 & #SP-16-35 with the playing field. One dugout is approximately 8 ft. by 32 ft. and the same size as the one which it is replacing. The second dugout is approximately 22 ft. by 32 ft. and 9-10 ft. wider than the one which it is replacing. Within the footprint just described, the second dugout contains a traditional area for players as well as a storage area of approximately 320 sq. ft. 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. The Board finds that the accessory structures and fill in the front lawn do not impact the capacity of the school or any 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. A school and associated playing fields have been part of the area for many years and the Board finds that they are part of the character of the neighborhood. The expansion in size of one of the dugouts could change the character of the area, since it has a more pronounced visual impact than the previous structure; however, the Board finds that its location more than 70 ft. from the closest property line, screened by trees, and with its nearest abutters being non-residential results in the change in size not having an impact on the character of the neighborhood. (3) Traffic on roads and highways in the vicinity. The Board finds that the accessory buildings do not have an impact on traffic. (4) Bylaws and ordinances then in effect. The property is in compliance with the bylaws in effect, or is existing nonconforming. The proposed detached accessory buildings represent an increase in overall building coverage and lot coverage, but this change is within the permitted limits. (5) Utilization of renewable energy resources. The proposed detached accessory structures will not affect the use of renewable energy resources. 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. 3 #CU-16-04 & #SP-16-35 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 existence of a playing field and its associated structures —dugouts and backstops —is typical of a property that is used by a school, so the Board finds transitioning from a school building to a dugout, for example, to be a natural transition. The school building adjacent to the backstop is of similar height to the backstop and therefore the Board finds them to be compatible. Parking is not impacted by this project. 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. The Board finds the area of the playing field with the dugouts and 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 accessory buildings. 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 on 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 0 #CU-16-04 & #SP-16-35 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 accessory buildings are located), east, and most of the north side of the property. The Board finds the existing landscaping to be sufficient. ALTERATION OF EXISTING GRADE A permit is needed to remove land when the amount is equal to or greater than 20 cubic yards except when incidental to or in connection with the construction of a structure on the same lot. When the grade is being altered site plans must show the area to be filled or removed and the existing grade and the proposed grade created by removal or addition of material. The plans do show the area to be filled and the grade. Public Works submitted the following comment to staff in an email dated June 20, 2016: With all the work completed and the fact that three of the four items are specific to the baseball field, we have no comments on the fill that occurred. The Board finds this criteria met. BACKSTOP The maximum height permitted in the R4 Zoning District for an accessory structure is 15 feet. The application currently before the Board does not seek a height waiver and therefore the backstop must be 15 feet or less in height. The applicant has submitted another separate conditional use application to request the backstop be allowed to exceed 15 feet in height. That application will be considered by the Board at a future hearing. DECISION Motion by Matt Cota, seconded by John Wilking, to approve conditional use application #CU-16-04 and site plan application #SP-16-35 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 structures, 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. 5 #CU-16-04 & #SP-16-35 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 5— 1— 0. Signed this 9th day of November 2016, by J 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. 0