HomeMy WebLinkAboutCU-02-18 SP-02-35 - Decision - 0099 Proctor AvenueC
#CU-02-18
#SP-02-35
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Conditional use and site plan applications #CU-02-18 and #SP-02-35 of Rice
Memorial High School to amend a previously approved site plan consisting of a secondary
educational facility, soccer field, softball field and track field events layout. The
amendment consists of the construction of two (2) 8'x 22' softball dugouts, 99 Proctor
Avenue.
On the 20"' of August 2002, the South Burlington Development Review Board approved
the request of Rice Memorial High School seeking conditional use approval under
Section 26.05 and site plan approval under Section 26.10 of the South Burlington Zoning
Regulations based on the following findings:
1) This project consists of an amendment to a previously approved site plan consisting of
a secondary educational facility, soccer field, softball field and track field events layout.
The amendment consists of the construction of two (2) 8'x 22' softball dugouts.
2) The owner of record is the Diocese of Burlington.
3) This property located at 99 Proctor Avenue lies within the R4 District. It is bounded
on the north by single family residences, on the east by Burlington Country Club and
Meadowbrook Condominiums, on the south by commercial buildings along Joy
Drive, and on the west by single family residences.
CONDITIONAL USE CRITERIA
4) The proposed project complies with the stated purpose of the R4 District "to
encourage residential use at moderate densities that are compatible with existing
neighborhoods" and does not adversely affect:
a) the capacity of existing or planned community facilities - no effect expected
b) the character of the area affected - no adverse effect is expected
c) traffic on roads or highways in the vicinity —the proposed use is not expected to
affect traffic.
d) bylaws in effect- the proposal is in conformance with the zoning regulations
e) utilization of renewable energy resources- there is no utilization of renewable energy
resources to be affected.
0 general public health and welfare - no adverse effect expected.
SITE PLAN CRITERIA
5) The only issues affecting the site plan are setback and coverage.
6) Coverage/Setback: The proposed additional 352 square feet of coverage changes the
overall coverage from 13.1% to 13.39% (maximum allowed is 40%), and the building
coverage from 14.5% to 14.79% (maximum allowed is 20%).
Under Section 25.119 of the zoning regulations, Exceptions to Yard Setback
Requirements for Elementary and Secondary Schools, "an accessory structure to the
principal educational use may encroach into the required side and/or rear yards, but in no
event shall a structure have a side or rear setback of less than five (5) feet." The dugouts
are proposed to be located no less than 5 feet from the property line. Staff recommends
the applicant revise the site plan to indicate the distance from the dugouts to the property
line.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approved site plan and conditional use applications #SP-02-35 and # CU-02-18 of Rice
High School, to amend a previously approved site plan consisting of a secondary
educational facility, soccer field, softball field and track field events layout. The
amendment consists of the construction of two (2) 8'x 22' softball dugouts, as depicted on
a site plan entitled "Proposed Site Modifications Rice High School" prepared by Forcier
Aldrich & Associates and Peter Farrell dated May 1993 , Stamped received May 28,
2002, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) The plan shall be revised to show the changes below and shall require approval of the
Director of Planning and Zoning (hereinafter Director). Three (3) copies of the
approved revised plan shall be submitted to the Director prior to permit issuance.
a) The site plan shall be revised to show dimensions lines from the proposed dugouts
to the property lines.
3) The Board, Pursuant to Section 25.119 approves the location of the accessory
structures to no less then five (5) feet of the rear property line.
4) The applicant shall obtain a zoning permit within six (6) months, pursuant to Section
27.302 of the zoning regulations or this approval is null and void.
5) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative officer prior to the use of the newly constructed dugouts.
6) Any change to the plan shall require approval by the South Burlington Development
Review Board.
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Chair or
South Burlington Development Review Board
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Date
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued. The fee is
$150.00. 1f you fail to appeal this decision, your right to challenge this decisional some future time maybe
lost because you waited too long. You will be bound by the decision pursuant to 24 V.S.A. § 4472(d)
(exclusivity of remedy; finality)-
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