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Home My WebLink AboutCU-16-01 SP-16-11 - Decision - 0099 Proctor Avenue#CU-16-01 & #SP-16-11 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RICE MEMORIAL HIGH SCHOOL-99 PROCTOR AVENUE CONDITIONAL USE APPLICATION #CU-16-01 SITE PLAN APPLICATION #SP-16-11 FINDINGS OF FACT AND DECISION Conditional use application #CU-16-01 & site plan review application #SP-16-11 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 adding two (2) 8' X 20' detached accessory buildings, 99 Proctor Avenue. The Development Review Board held a public hearing on April 19 and May 17, 2016. The applicant was represented by Tom Barden. 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 after -the -fact conditional use and site plan approval to amend a previously approved plan for a 126,875 sq. ft. educational facility by adding two (2) 8' X 20' detached accessory buildings, 99 Proctor Avenue. 2. The owner of record of the subject property is the Roman Catholic Diocese of Burlington, Inc. 3. The subject property is located in the Residential 4 (114) Zoning District. 4. The applications were received on January 21, 2016. 5. The plan submitted consists of one page titled "Rice Memorial H.S. South Burlington, Vermont" prepared by Forcier Consulting Engineers, PC, dated January 18, 2016 and received January 21, 2016. ZONING DISTRICT AND DIMENSIONAL STANDARDS R4 Zoning District Required Existing Proposed Min. Lot Size 40,000 SF 1,553,370 SF No change Max. Building Coverage 30% 4.6% (71,470 SF) 4.6% (71,790 SF) Max. Overall Coverage 60% 12.7% (197,196 SF) 12.7% (197,516 SF) *Min. Front Setback Not allowed N/A N/A *Min. Side Setback 5 ft. Unknown Approx. 10 ft. *Min. Rear Setback 5 ft. Unknown 250 ft. *Max. Building Height 15 ft. N/A 8 ft. � In compliance *Standards for accessory structures ACCESSORY STRUCTURES AND USES #CU-16-01 & #SP-16-11 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. 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. (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 the above criterion have been met. CONDITIONAL USE STANDARDS 2 #CU-16-01 & #SP-16-11 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. The detached accessory structures (described by applicant as "storage boxes") will not adversely affect any of the above criterion. (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 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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. No changes to pedestrian movement are proposed and the proposed detached accessory structures are next to outbuildings of similar size. (b) Parking shall be located to the rear or sides of buildings. (c) 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. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. No changes are proposed that would impact any of the above criterion. (e) 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. There is extensive vegetation and trees along the east side of the parcel screening the detached accessory buildings from neighboring parcels. 3 #CU-16-01 & #SP-16-11 (fJ 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 proposed detached accessory structures are next to outbuildings of similar size, which all relate to the use of that portion of the property for athletics. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. (b) 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. (c) 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). (d) Landscaping and Screening Requirements No changes are proposed that would impact any of the above criterion nFCISInN Motion by John Wilking, seconded by Jennifer Smith, to approve conditional use application #CU-16-01 and site plan application #SP-16-11 of Rice Memorial High School, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. The accessory structures must be removed from the property by November 30, 2016. 3. 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. 4. 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. 5. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the structures. 6. Any change to the approved plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. C! #CU-16-01 & #SP-16-11 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 4— 1— 0. Signed this 8th day of June Bill Miller, Vice -Chair 2016, by 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