HomeMy WebLinkAboutSP-15-02 - Decision - 0400 Swift Street#SP-15-02
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CORPORATION OF THE
PRESIDING BISHOP OF THE CHURCH OF LATTER-DAY SAINTS — 400 SWIFT STREET
SITE PLAN APPLICATION #SP-15-02
FINDINGS OF FACT AND DECISION
Corporation of the Presiding Bishop of The Church of Latter-day Saints, hereafter referred to as the
applicant, is requesting site plan review to amend a previously approved plan for a 275 seat place of
worship. The amendment consists of: 1) constructing stormwater management improvements, and 2)
revising the landscaping plan due to the stormwater improvements, 400 Swift Street.
The Development Review Board held a public hearing on Tuesday, February 17, 2015. Peter Gibbs
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. Corporation of the Presiding Bishop of The Church of Latter-day Saints, hereafter referred to as
the applicant, is requesting site plan review to amend a previously approved plan for a 275 seat
place of worship. The amendment consists of: 1) constructing stormwater management
improvements, and 2) revising the landscaping plan due to the stormwater improvements, 400
Swift Street.
2. The owner of record of the subject property is Corporation of the Presiding Bishop of The
Church of Latter-day Saints.
3. The subject property is located in the Residential 2 Zoning District.
4. The plans submitted consist of a three (3) page set of plans, page one (1) entitled, "The Church
of Jesus Christ of Latter -Day Saints South Burlington Stormwater Retrofit 2010" prepared by
Piascik Engineering, dated October 7, 2010.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
R-2 Zoning District
Required/Limit
Existing
Proposed
Min. Lot Size
22,000 SF
126,381 SF
No change
Max. Building Coverage
20%
13%
No change
4 Max. Overall Coverage
40%
50%
No change
Min. Front Setback
30 ft.
>30 ft.
Min. Side Setback
10 ft.
10 ft.
Min. Rear Setback
30 ft.
30 ft.
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Maximum Building Height 11 35 ft (flat roof) 11 11 50 ft
4 zoning compliance + Pre-existing non -conforming
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan
approval. Section 14.06 establishes the following general review standards for all site plan applications:
B. (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.
Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents,
and visitors to the site. A bicycle rack is appropriately located on the plans.
With regards to the adequacy of parking areas, the South Burlington Planning Commission approved a
Findings of Fact & Decision on March 18, 1997 which found that "92 spaces are required and 118 spaces
including five (5) handicapped spaces and a bike rack will be provided." Information noted on Sheet C1.0
submitted with the current application note that "(f)ield conditions indicate only 116 spaces" and the plans
show only four (4) handicapped spaces. The plan indicates that the applicant will remove existing striping
and re -stripe at least 3 spaces to provide the required fifth handicap space. A two (2) space waiver is
necessary to make the existing 116 spaces compliant.
The Board hereby grants a waiver of two (2) parking spaces or 1.7% resulting in 116 parking spaces for the
property, five (5) of which must be handicapped spaces.
(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.
Parking is located to the rear of the building. No changes to parking are requested. This criterion is met.
B. (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 adjoining buildings.
No changes are proposed to the building.
B. (4) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications shall be underground. The plans submitted detail that this criterion is met.
C. (1) 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.
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New landscaping valued at $9,600 is proposed to replace dead and dying trees and trees impacted by the
proposed stormwater improvements. The Board finds that this criterion is met.
C. (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.
No changes are proposed to structures with the exception of replacing wooden fencing with screen chain
link fencing for the dumpster enclosure. The Board finds that this criterion is met.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South
Burlington Land Development Regulations:
14.07 Specific Review Standards
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.
The reservation of land is not 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 changes 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 (ie, non-dumpster, non -large drum) shall not be required
to be fenced or screened.
As detailed in the plans, the applicant will remove an existing wooden fence around the dumpster and
replace it with a chain link fence. This criterion is met
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
According to a letter submitted by the applicant's landscape architect, the architect met with the City
Arborist on December 9, 2014 at the property. The proposed stormwater improvements and the presence
of several dead or dying trees necessitate landscaping improvements.
The City Arborist reviewed the submitted plans and provided the following comments to staff in an email
dated February 4, 2015:
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• Tree Planting Details and Specifications should be included in the plans otherwise the plans are fine.
The Board finds that the applicant shall comply with the City Arborist's comments.
Other— Public Works/Storm water
The Department of Public Works provided comments to staff via email on February 12, & 13, 2015 and
indicated that they had no comments.
nrricinm
Motion by Bill Miller, seconded by Jennifer Smith, to approve Site Plan Application #SP-15-02 of
Corporation of the Presiding Bishop of The Church of Latter-day Saints, subject to the following
conditions:
1. All previous approvals and stipulations, which are not superseded by this approval, shall remain
in effect.
2. This project shall be completed as shown on the plans submitted by the applicant and on file in
the South Burlington Department of Planning and Zoning.
3. The plans shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the
Administrative Officer prior to permit issuance.
a. The plans shall be revised to comply with the comments of the City Arborist per the
memo dated February 4, 2015.
4. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of
the South Burlington Land Development Regulations. In addition, the grading plan should meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The
South Burlington Stormwater Superintendent shall visit the site as construction progresses to
ensure compliance with this criterion.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications should be underground.
6. The Board hereby grants a waiver of two (2) parking spaces or 1.7% resulting in 116 parking
spaces for the property, five (5) of which shall be handicapped spaces.
7. Prior to zoning permit issuance for construction of the project, the applicant shall post a $9,600
landscaping bond. This bond shall remain in full effect for three (3) years to assure that the
landscaping has taken root and has a good chance of survival.
8. 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.
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9. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the
use of the stormwater improvements.
10. Any change to the site plan shall require approval of the South Burlington Development Review
Board or the Administrative Officer.
Tim Barritt
Yea
Nay
Abstain
Mark Behr
Yea
Nay
Abstain
Brian Breslend
Yea
Nay
Abstain
Bill Miller
Yea
Nay
Abstain
David Parsons
Yea
Nay
Abstain
Jennifer Smith
Yea
Nay
Abstain
John Wilking
Yea
Nay
Abstain
Motion carried by a vote of 5— 0 — 0.
Signed this day of Fe o U, 2015, by
Tim Barritt, 6hair
Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant
to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is
$225.00. 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).
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