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HomeMy WebLinkAboutAgenda 04A_SP-21-007 CU-21-01_99 Proctor Ave_Rice HS_mechanical equip_FFD#SP-21-007 & #CU-21-01 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RICE MEMORIAL HIGH SCHOOL – 99 PROCTOR AVENUE SITE PLAN APPLICATION #SP-21-007 AND CONDITIONAL USE APPLICATION #CU-21-01 FINDINGS OF FACT AND DECISION Site plan #SP-21-007 and conditional use application #CU-21-01 of Rice Memorial High School to amend a previously approved plan for a 126,875 sq. ft. educational facility. The amendment consists of installing a 160 sf exterior cooler/freezer, 99 Proctor Avenue. The Development Review Board held a public hearing on March 16, 2021. The applicant was represented by ___. 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 a 160 sf exterior cooler/freezer, 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 January 21, 2021. 4. The property lies within the Residential 4 Zoning District. 5. The plan submitted consists of the following: Description Prepared By Last Revised Date Sheet C1 with cooler/freezer Black River Design 02/19/2014 Cooler/Freezer Layout VHV 12/15/2020 Sheet C1 with landscaping1 Black River Design 02/19/2014 1. see condition 2d below A. GENERAL Educational use requires conditional use approval within the R4 zoning district. The applicant represented in their application that the cooler would be a building addition, but the Board finds the cooler/freezer is a detached piece of equipment which will be connected only superficially to the building. The equipment will have a white plastic finish inside and out. The site plans show the cooler/addition on an area that is both concrete and grass, but the provided photo on the “Cooler/Freezer Layout” drawing indicate it will be located in an area that is currently entirely concrete. The applicant confirmed to Staff that it will be entirely on concrete. The applicant has received two (and has now applied for a third) site plan approvals by marking up an outdated plan. Though this is a small project, drawing inaccuracies are compounding, therefore the Board finds the applicant must provide a professionally prepared updated site plan at the time of their next application for the property, regardless of the size of the project. Notably, the pending LDR amendments include such a provision. #SP-21-007 & #CU-21-01 2 The Board further finds the applicant must annotate the provided plans with a date and indicate the firm preparing the markups. B. CONDITIONAL USE STANDARDS An educational use is allowed in the Residential 4 Zoning District only as a conditional use and hence this application for a cooler/addition must be reviewed under the conditional use standards. 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. The Board finds the proposed cooler/freezer will not result in an undue adverse effect on any of the above criteria. C. SITE PLAN REVIEW STANDARDS Section 14.06 General Review Standards 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. The Board finds no changes affecting compliance with this criterion are proposed. 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. 13.06 requires screening at lot lines between dissimilar properties. The Board finds compliance with 13.06 results in this criterion being met for the proposed cooler/freezer. (2) Parking (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. No changes affecting compliance with this criterion are proposed. (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 #SP-21-007 & #CU-21-01 3 adjoining buildings. The applicant has alternately indicated the cooler/freezer is proposed to be 9’-7” high and 9’ high. The Board finds that regardless of which is correct, this criterion is met. 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 compliance with 13.06 results in this criterion being met for the proposed cooler/freezer. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No changes affecting compliance with this criterion are proposed. 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. Standards of Section 15.13, Utility Services, shall also be met. Utility services are underground. No changes are proposed. The Board finds this criterion met. C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, 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 (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. No changes affecting compliance with this criterion are proposed. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan review. There is no minimum required landscaping budget. At the time of application and as noted above, the applicant believed the proposed cooler/freezer would be considered a building addition and therefore proposed to include additional landscaping in the form of trees along Proctor Ave. While the applicant is #SP-21-007 & #CU-21-01 4 welcome to install additional landscaping plantings, all plantings shown on the approved plans are required to be installed, therefore the Board finds the applicant must remove the “(5) Asst. Deciduous Trees” from the plan. 13.06(C)(1) All off-street parking areas, off-street loading areas, outdoor storage areas, refuse, recycling and compost collection (excluding on-site composting) areas, and utility improvements such as transformer(s), external heating and cooling equipment shall be effectively screened. (2) Such screening shall be a permanently maintained landscape of evergreen or a mix of evergreen and deciduous trees and shrubs, and/or a solid fence. There is a row of deciduous trees located between the property line and the cooler, as shown in a series of site photos presented by the applicant, which the Board finds effectively screens the proposed equipment from view of the adjacent property. The applicant has also proposed a row of arborvitae along the cooler in a 1-foot strip which is currently concrete. The City arborist indicated that this would not be sufficient soil to sustain such trees, therefore the Board finds the applicant must remove the proposed arborvitae from the plans and retain the concrete intact. As noted above, all plantings shown on the approved plans are required to be installed. E. Modification of Standards. Except within the City Center Form Based Code District, where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. No modification of standards is necessary. F. Low Impact Development. The use of low impact site design strategies that minimize site disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into underlying soils and groundwater as close as is reasonably practicable to where it hits the ground, is required pursuant to the standards contained within Article 12. As noted above, despite the plans indication to the contrary, the proposed addition is located on existing impervious surfaces. No alteration of runoff patterns will occur. The Board finds this criterion met. G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for Roadways, Parking, and Circulation shall be met. No changes affecting compliance with this criterion are proposed. DECISION Motion by ___, seconded by ___, to approve site plan application #SP-21-007 and conditional use #SP-21-007 & #CU-21-01 5 application #CU-21-01 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. Prior to issuance of a zoning permit for the cooler/addition, the applicant must make the following modifications to the plans and submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. a. annotate the provided plans with a date and indicate the firm preparing the markups b. remove the “(5) Asst. Deciduous Trees” from the plan c. remove the proposed arborvitae from the plan and retain the concrete intact d. upon fulfillment of sub-items b & c above, Sheet C-1 with landscaping will no longer be relevant to this approval 3. The applicant must provide a professionally prepared updated site plan at the time of their next application for the property, regardless of the size of the project. 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. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the cooler/addition. 7. 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 Elissa Eiring Yea Nay Abstain Not Present James Langan Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of _ – _ – _. Signed this ____ day of __________________ 2021, by _____________________________________ Brian Sullivan, Vice 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 #SP-21-007 & #CU-21-01 6 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 802.477.2241 to speak with the regional Permit Specialist.