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HomeMy WebLinkAboutSD-06-86 - Decision - 0073 Thompson Street#SD-06-86 CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING THE ROCK OF GREATER BURLINGTON - 73 THOMPSON STREET FINAL PLAT APPLICATION #SD-06-86 FINDINGS of FACT AND DECISION The Rock of Greater Burlington, hereafter referred to as the applicant, is seeking re - approval of a planned unit development consisting of 7,500 sq. ft. house of worship including a 13 student daycare facility, 73 Thompson Street. The Development Review Board held a public hearing on October 17, 2006. Walter Adams 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 re- approval of a planned unit development consisting of 7,500 sq. ft. house of worship including a 13 student daycare facility, 73 Thompson Street. 2. The original approval for this project was granted by the Development Review Board on March 21, 2006. The approval expired due to the applicant's failure to record the final plat plan within 180 days of the original approval. 3. The owner of record of the subject property is The Rock of Greater Burlington. 4. The subject property contains 3.12 acres. 5. The subject property is located in the Industrial & Open Space (10) Zoning District. 6. The plans submitted consist of a 14 page set of plans, page two (2) entitled, "The Rock of Greater Burlington 73 Thompson Street Lot 11 Meadowlands Business Park Existing Conditions South Burlington Vermont", prepared by Champlain Consulting Engineers, dated 12/5/05, last revised on 1/30/06. #SD-06-86 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements 10 Zoning District Required Proposed Min. Lot Size 3 acres 3.12 acres Max. Density n/a n/a Max. Building Coverage 30% 6% Max. Overall Coverage 50% 39.8% �l Min. Front Setback 50 ft. 200 ft. �l Min. Side Setback 35 ft. 35 ft. Min. Rear Setback 50 ft. 50 ft. Max. Building Height 35 ft. 28 ft. Front Yard Coverage 30% 22% zoning compliance n/a no residential units proposed SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. The entire meadowland Business Park has been preliminarily approved for water allocation. However, the applicant had previously been instructed to submit plans and requests to the South Burlington Water Department for review to ensure compliance with the initial approval. The applicant has done this and comments are stated a letter from the South Burlington Water Department dated December 20, 2005. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. 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. -2- #SD-06-86 The applicant has submitted sufficient and appropriate grading and erosion control plans The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to this property is proposed via a drive off of Thompson Street, a future public road off of Meadowland Drive. Thompson Street is currently paved to just south of the subject property line. The applicant is proposing to extend the pavement by 80 feet to the north to serve the driveway. As no future development is expected to the north of this property, extending the roadway to the northern property line is not necessary. However, the road will require a turnaround for vehicles, including public works. The applicant has installed a hammerhead turnaround to the north of the access and has agreed to specifications acceptable to the City Engineer, Department of Public Works, and the Fire Chief. The proposed access drive to the property is listed at 24 feet. This is an appropriate width for the proposed use. The applicant has proposed to continue the sidewalk to the driveway. This is acceptable. The South Burlington Fire Department reviewed the plans and submitted comments in a letter dated January 13, 2006. According to the ITE Trip Generation Manual, 7th Edition, the 7500 square feet of church use is estimated to generate 4.95 P.M. peak hour trip ends. This shall be used to calculate traffic impact fees. 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. There are no encroachments into the wetlands or wetlands buffer as part of this application. 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. According to Section 6.04(A) of the Land Development Regulations, the Industrial -Open Space 10 District is established to provide suitable locations for high -quality, large -lot office, light industrial and research uses in areas of the City with access to major arterial routes and Burlington International Airport. The 10 District regulations and standards are intended to allow high -quality planned developments that preserve the generally open character of the district, minimize impacts on natural resources and water quality, and enhance the visual quality of approaches to the City while providing suitable locations for employment and business growth. The location and architectural design of buildings in a manner that preserves these qualities is strongly encouraged. The proposed project is in compliance with the stated purpose of the 10 District, as outlined in the Land Development Regulations. -3- #S D-06-86 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 open spaces on this property are largely limited to the perimeter of the lot. This should allow for the creation of open spaces between adjoining parcels. 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. It has already been stated that the Fire Chief has reviewed the plans and provided comments. 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. The applicant is proposing a stormwater retention pond on the property. This pond meets 2002 standards and is acceptable. 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 subdivision plans for the entire Meadowland Business Park show details on street utilities, lighting, and stormwater management. These have been approved by the City Engineer, so they are acceptable for the proposed project. A lighting point by point plan for the proposed project has been submitted and is acceptable. The applicant has submitted exterior lighting details (cut -sheets) for the proposed lighting on the subject parcel; these are in compliance with Appendix D of the Land Development Regulations. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed development of this property is in conformance with the South Burlington Comprehensive Plan. 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: 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. #SD-06-86 The applicant has provided for adequate pedestrian movement to and within the subject lot. According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, the parking requirements for places of worship shall be based on the number of seats within the building. Based on 273 proposed seats, the proposal will require 137 parking spaces. Furthermore, the parking requirements for the day care facility are based on the number of employees and licensed enrollment capacity. The applicant has stated that the maximum capacity of the daycare will be 13 with a maximum of 4 full time employees. This results in an extra 6 parking spaces. Thus, a total of 143 parking spaces are required. 120 parking spaces are provided. Therefore, the applicant is requesting a parking waiver of 23 spaces or 16.1 %. The Development Review Board granted this parking waiver at the preliminary plat hearing. The applicant shows five spaces marked as handicapped accessible, the number required under the South Burlington Land Development Regulations. These handicapped spaces and related aisles are appropriately sized in accordance with the regulations. The dimensions of the proposed parking spaces appear to meet the requirements in Table 13-8 of the Land Development Regulations. 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 depicted on the plans. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The majority of the proposed parking is located in front of the building with respect to Thompson Street. While this is not in conformance with the regulations, the parking layout is acceptable in that the parking will largely be shielded from the more heavily trafficked Meadowland Drive. 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. The height of the proposed one-story building is 39 ft, which is in compliance with the Land Development Regulations. The proposed project is located in a business park in an area where industrial uses exists. The scale of the proposed building is compatible with existing buildings in the area. 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. -5- #SD-06-86 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 applicant has submitted elevations of the proposed building. The elevations are in compliance with this criterion. 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. Again, the applicant has submitted elevations of the proposed building. They offer a suitable visual relationship with surrounding buildings. 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 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 Board does not foresee the need to provide additional access to abutting properties. The layout of the area is such that all adjacent properties already have sufficient access. 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility 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). The plans currently depict a dumpster. The dumpster appears to be adequately screened and located. Landscaping and Screening Requirements Based on submitted cost projections for this building, a minimum landscaping budget of $12,850 will be required for the project. The applicant has submitted a proposed landscaping budget of approximately $17,244.51. However, as only trees and shrubs may be counted, the true landscaping budget is $16,635.37. This is more than required and is acceptable. Only $12,850 shall be required for the landscaping bond. #S D-06-86 Pursuant to Section 13.06(B) of the Land Development Regulations, in all off-street parking areas with twenty-eight (28) or more parking spaces, at least ten percent (10%) of the interior of the parking area shall be landscaped with trees, shrubs, and other plants. All interior and perimeter planting shall be protected by curbing. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) feet. Large islands are encouraged. This parking lot contains more than 28 spaces. The site plan specifies that 12.9% of the parking area is landscaped islands. This is sufficient. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area must be specified and located in an area that will minimize the potential for run-off. The plans depict adequate and appropriate snow storage areas. Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations, any utility cabinets on the site shall be effectively screened to the approval of the Development Review Board. The proposed utility cabinets on the site have been effectively screened. View Protection Zone The subject property is located within the Hinesburg Road -North Scenic View Protection Overlay District and thus subject to Section 10.03(H) of the South Burlington Land Development Regulations. Specifically, no part of any structure within the zone shall exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said part of said structure is horizontally distant from the Hinesburg Road -North View Protection Zone Base Line shown on the Scenic View Protections Overlay District Map. The building elevation of 381 ft. is below the elevation threshold of 401.5 ft. Other The City Engineer has reviewed the plans. His comments in a memorandum dated January 19, 2006. The subject property is located within the Industrial Open Space District and as such shall be subject to Section 6.04(F) and 6.05 of the South Burlington Land Development Regulations. The subject property is located within the Airport Approach Cone and as such shall be subject to Section 13.03 of the South Burlington Land Development Regulations. 7- { #SD-06-86 DECISION Motion by CQ- /M ,seconded by to approve Final Plat Application #SD-06-86 of The Rock of Greater Burlingtorll, 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) 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 must be submitted to the Administrative Officer prior to recording. a) The plans shall be revised to comply with the requests of the South Burlington Water Department as outlined in a letter dated December 20, 2005. 4) The applicant shall adhere to the comments provided by the South Burlington Water Department in the letter dated December 20, 2005. 5) The applicant shall adhere to the comments of the South Burlington Fire Department as noted in the letter dated January 13, 2006. 6) The applicant shall comply with the requests of the City Engineer as outlined in his memorandum dated January 19, 2006. 7) The applicant shall obtain preliminary wastewater capacity allocation from the Director of Planning and Zoning, Juli Beth Hinds. 8) Prior to issuance of a zoning permit, the applicant shall post a $12,850 landscape bond. This bond shall remain in full effect for three (3) years to ensure that the landscaping has taken root and has a good chance at survival. 9) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the new place of worship will generate 4.95 vehicle trip ends during the P.M. peak hour. 10) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 11) The Development Review Board grants a 23 space parking waiver or 16.1 % for a total of 120 spaces. 12)Any change to the final plat plans shall require approval of the South Burlington Development Review Board. #SD-06-86 13) The final plat plan (sheet C2) 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 ye nay/abstain/not present Matthew Birmingham — Onay/ab ain/not present John Dink►age — yea/nay/abstai not presen Roger Farley Znay/abstain/not nay/abstain/not present Eric Knudsen present Peter Plumeau `ay/abstain/not present Gayle Quimby — /nay/abstain/not present Motion carried by a vote of Signed this d of �% G '�C1 �'/'�'� 2006, by ,7; 1/1'ark Behr, Vice Chairman 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).