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HomeMy WebLinkAboutSD-10-13 - Decision - 0147 Spear Street#SD-10-13 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING UNIVERSITY OF VERMONT - 147 SPEAR STREET PRELIMINARY AND FINAL PLAT APPLICATION #SD-10-13 FINDINGS OF FACT AND DECISION The University of Vermont, hereafter referred to as the applicant, is seeking preliminary and final plat review of a proposal to construct a 600' x 275' athletic track, a portion of which is located in South Burlington, 147 Spear Street. The Development Review Board held a public hearing on May 4, 2010. Lani Ravin represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting 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 is seeking preliminary and final plat review of a proposal to construct a 600' x 275' athletic track, a portion of which is located in South Burlington, 147 Spear Street. 2. The owner of record of the subject property is the University of Vermont. 3. The application was received on April 8, 2010. 4. The subject property is located in the AI-N Zoning District. 5. The plans submitted consist of a 13 page set of plans, page two (2) entitled, "UVM Track Improvements 147 Spear Street Burlington, Vermont", prepared by Gossens Bachman Architects, dated March 25, 2010. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements IA-N Zonin District Required J Proposed Min. Lot Size 10 acres ±14.43 acres Max. Building Coverage 20% 9.46% Max. Overall Coverage 40% 38.09% Min. Front Setback 75 ft. >75 ft. Min. Side Setback 50 ft. >50 ft. Min. Rear Setback 50 ft. >50 ft. I:\Development Review Board\Findings_Decisions\2010\UVM_SD1013_ffd.doc #SD-10-13 zoning compliance Section 3.06(H) of the South Burlington Land Development Regulations prohibits more than 30% of the front setback from being used for driveways and parking, and the balance shall be landscaped and maintained in good appearance. Furthermore, a continuous landscaped strip of 15 ft. in width traversed only by driveways and sidewalks shall be maintained between the street right-of-way and the balance of the lot. The proposed athletic track project will not affect front yard coverage. Institutional & Agricultural District Section 7.01(F)(1) of the South Burlington Land Development Regulations requires properties in the IA District west of Spear Street and north of Quarry Hill Road to maintain an undeveloped area for a minimum of 65 ft. between the boundary of an adjacent residential district and any new non-residential structure. The plans show that the proposed athletic track will be further than 65 ft. from the zoning district boundary, which occurs at the center of the Spear Street right-of-way. The proposed track is 100 ft. from the Spear Street center line. An existing line of trees along the easterly property boundary provides suitable screening in accordance with Section 3.06 of the South Burlington Land Development Regulations, offering a buffer from residential uses. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. No water or wastewater services will be required for the new athletic field. Section 15.13(F) of the South Burlington Land Development Regulations requires that the PUD meet the standards of the Vermont Stormwater Management Manual. The applicant has indicated that stormwater will be treated through an existing stormwater pond in the City of Burlington. This pond meets the Vermont stormwater management standards. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant has submitted acceptable details of erosion control measures to be used during and after construction. The proposed project adheres to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan meets the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 2 I:\Development Review Boa rd\Findings_Decisions\2010\UVM_SD1013_ffd.doc #SD-10-13 The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. According to the applicant, the track will be used daily for practice in the fall and spring, with general recreational use available at other times. The track will host 3-5 intercollegiate meets per year. The applicant also estimates that approximately 250 spectators may attend each meet. The applicant has indicated that additional parking will not be necessary for the increased use of the athletic complex. The current parking facility is adequate to support spectators at ice hockey games and basketball games simultaneously in the winter, which is the peak season for the complex. It is not anticipated that the demand for the proposed athletic track will surpass the current capacity of the parking facility. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. No wetlands, streams, wildlife habitat, or unique natural features are known to be present on the site. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. Section 7.01(A) of the South Burlington Land Development Regulations indicates that University -related uses should be integrated "into the City's overall land use pattern through the use of appropriate site planning techniques that promote a beneficial pattern of access, circulation, landscaping, and pedestrian connections between University properties and adjacent neighborhoods." The subject site has long contained a track and athletic fields. A slight increased use of the area is anticipated. However, an established tree line along the easterly property boundary provides appropriate screening from adjacent residential uses. The project is compatible with existing development in the area. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The proposed track will replace a previously existing track. The effects on the open space character of the athletic fields will be minimal. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The proposed changes to the athletic fields on the site do not require review by the South Burlington Fire Department. Fire Chief Doug Brent has previously noted that the City of Burlington has jurisdiction for emergency response to the subject property. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. I:\Development Review Boa rd\Findings_Decisions\2010\UVM_SD1013_ffd.doc #SD-10-13 An existing recreation path runs along the easterly property line. No new landscaping is proposed. The applicant has indicated that no new lighting is proposed. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The project is consistent with the goals and objectives of the Comprehensive Plan. Sidewalks & Recreation Paths Section 15.13(M)(1) of the South Burlington Land Development Regulations requires sidewalks and/or recreation paths on both sides of arterial streets at locations to be determined by the Development Review Board. The Board notes that there is an existing recreation path along the easterly property boundary. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: 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. The proposal does not directly involve structures or parking facilities. Adequate pedestrian facilities and landscaping exist on the site. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The proposal does not directly involve parking facilities. 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. No buildings are proposed. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. The Board has already noted that utilities lines, services, and service modifications shall be underground. 4 I:\Development Review Boa rd\Findings_Decisions\2010\UVM_SD1013_ffd.doc #SD-10-13 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. The proposal does not involve any buildings. 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 project meets this criterion. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The subject site is part of a larger site containing multiple university offices and facilities. The applicant is currently completing construction of an expanded parking facility on the subject parcel. 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. The Board has already noted that utilities lines, services and service modifications shall be underground. 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). No solid waste facilities are shown. The Board notes that dumpster-sized solid waste containers are not necessary for the proposed athletic track. Parking The proposal does not directly involve parking facilities. The Board has already indicated that the current parking lots and garages will be adequate to support the proposed track. While the South Burlington Land Development Regulations do not require bicycle racks for such uses, staff respectfully suggests that the plans include a bicycle rack. The 11Development Review Board\Findings_Decisions\2010\UVM_SD1013_ffd.doc #SD-10-13 proposed track is adjacent to an existing bike path and the nature of the use of the track would warrant such an item. DECISION Motion by G ^ CG 04 h , seconded by �-« l to approve Preliminary & Final -Plat Application #SD-10-13 of the Universitl of Vermont, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Any newly installed utility lines, services, and service modifications shall be underground. 4. The applicant shall 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 shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the track. 6. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 7. The final plat plan (Sheet C1.0) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Mark Behr —&.nay/abstain/not present Matthew Birmingham — yea/nay/abstain of resent John Dinklagjeaay'l,/abstain/not nay/abstain/not present Roger Farleyy/abstain/not present Eric Knudsenay/abstain/not present Gayle Quimbay/abstain/not present Bill Stuono — present Motion carried by a vote of %- O - b Signed this lday of �r1�'7 2010, by John Dinklage, Chairman 6 I:\Development Review Board\Findings_Decisions\2010\UVM_SD1013_ffd.doc #SD-10-13 Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $250.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 7 I:\Development Review Boa rd\Findings_Decisions\2010\UVM_SD1013_ffd.doc