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HomeMy WebLinkAboutSP-22-019 CU-22-03 - Decision - 0055 Green Mountain Drive #SP-22-019 #CU-22-03 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING VERMONT COMMONS SCHOOL 55 GREEN MOUNTAIN DRIVE SITE PLAN APPLICATION #SP-22-019 and CONDITIONAL USE APPLICATION #CU-22-03 FINDINGS OF FACT AND DECISION Site plan application #SP-22-019 and conditional use application #CU-22-03 of Vermont Commons School to amend a previously approved plan for a general office building. The amendment consists of converting to educational facility as a use and minor site modifications, 55 Green Mountain Drive. The Development Review Board held a public hearing on June 7, 2022. Dave Marshall and Dexter Mahaffey 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. This project consists of Site Plan application #SP-22-019 and Conditional Use application #CU-22-03 of Vermont Commons School, to amend a previously approved plan for a general office building. The amendment consists of converting to educational facility as a use and minor site modifications, 55 Green Mountain Drive. 2. The project is located in the Commercial 2 Zoning District and the Transit Overlay District. 3. The owner of record of the subject property is Vermont Commons School. 4. The application was received on April 5, 2022. 5. This application was scheduled to be heard on May 17, but was continued without being discussed due to time constraints. 6. This project is subject to Site Plan Review Standards. The purpose of the project is to expand the existing approved educational use at 75 Green Mountain Drive to 55 Green Mountain Drive. The property most recently received DRB site plan approval #SP-01-39 as a general office building. The 2001 approval was to add 19 parking spaces. Educational use requires conditional review approval by the DRB. 7. Physical changes proposed outside the building consist of modifications to pedestrian circulation on the subject property. The pedestrian circulation improvements are also proposed to extend on the property at 65 Green Mountain Drive and 55 Green Mountain Drive. These improvements are being reviewed as administrative site plans. 8. The plans submitted consist of the following: Sheet No. Plan Description Prepared By Last Revised C0.0 Overall Existing & Proposed Conditions Plan Civil Engineering Associates 03/18/2022 C1.0 Existing & Proposed Conditions Plan Civil Engineering Associates 04/04/2022 #SP-22-019 #CU-22-03 C1.1 EPSC Site Plan Civil Engineering Associates 04/04/2022 C2.0 Site Details Civil Engineering Associates 03/18/2022 C3.0 Specifications Civil Engineering Associates 03/18/2022 C3.1 Specifications Civil Engineering Associates 03/18/2022 C3.2 EPSD Notes and Details Civil Engineering Associates 03/18/2022 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Commercial 2 Zoning District Required Proposed Min. Lot Size 40,000 sf 120,919 sf Max. Building Coverage 40% 13.9% Max. Overall Coverage 70% 18.1% Max Front Setback Coverage 30% 20.6% Min. Side Setback 10 ft. No change Min. Rear Setback 30 ft. No change Building Height (pitched roof) 40 ft. No change  Meets requirement SITE PLAN REVIEW STANDARDS 14.06 General Review Standards A. 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. No changes to structures are proposed. The applicant is proposing to remove one existing crab apple tree. Landscaping is discussed further below. The purpose of the site improvements is to improve the safety of pedestrian movement. The use is changing from general office to educational. Neither has a minimum required number of parking spaces. The Board finds this criterion met. (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. The Board finds that no changes that will reduce 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 adjoining buildings. No changes to the building are proposed. #SP-22-019 #CU-22-03 C. Relationship of Structures 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. No changes to structures are proposed. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. The wetland advisory layer indicates a potential wetland on the south side of the site, well outside the project area within the existing wooded area. This criterion is not applicable. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. These standards are contained in Article 13 and are discussed below. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. Much of 15.A.14 pertains to the construction of streets, which are not applicable to this application. The applicable section of 15.A.14 follows. 15.A.14 (D) Functional Capacity and Transit Oriented Development. The nearest signalized intersection or those intersections specified by the DRB shall have an overall level of service “D” or better, at the peak street hour, including the anticipated impact of the fully developed proposed PUD or subdivision. In addition, the level of service of each through movement on the major roadway shall have a level of service of “D” or better at full buildout. In addition to this criterion, conditional use criterion require demonstration that the proposed educational use will have no undue adverse effect on traffic on roads and highways in the vicinity. The applicant stated in their cover letter that they do not intend to expand the school at this time and there will be no additional traffic due to the conversion of 55 Green Mountain Drive to an educational use. As the Board is aware, a change in use is not for a specific tenant but remains allowable if either the tenant changes or operation of the current tenant changes. The application is for an additional 12,000 sf of educational use, which is supported by architectural plans showing a gymnasium, classrooms, and office space. The #SP-22-019 #CU-22-03 property will not be subject additional local permitting if the applicant later decides to reallocate interior spaces within the umbrella of educational use or add additional students. BFJ Consulting, the City’s traffic consultant, estimates the existing approved office generated 27 trips. BFJ then estimated, based on the ratio of students to square footage in the existing building at 75 Green Mountain Drive, that the building at 55 Green Mountain Drive would have 68 students at a similar density. BFJ then estimated that 68 students would generate 13 PM peak hour trips, fewer than the existing approved trip generation of 27 trips. The Board finds the applicant’s previously approved trip generation to be 27 PM peak hour trips, and the new use will generate 13 trips, therefore no increase in traffic will occur. Therefore the applicant shall not be assessed any impact fees. D. Transportation Demand Management (TDM) [reserved] E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. No changes to the building form are proposed. F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.15(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. Though the existing streetscape of Green Mountain Drive does not comply with City standards, since there is no extension/expansion of the structure, the Board finds this criterion to be not applicable. F. 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. Access between properties will be reviewed under separate administrative site plan for 65 Green Mountain Drive. G. 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.A.18, Infrastructure, Utilities, and Services, shall also be met. No changes to existing utilities are proposed. H. 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 #SP-22-019 #CU-22-03 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. The existing dumpster complies with this criterion. SUPPLEMENTAL REGULATIONS 13.03 Bicycle Parking and Storage. For existing buildings, the applicant is only required to comply with short term bicycle parking requirements. Educational uses require 1 space for each 20 students of planned capacity. The applicant’s website indicates 108 students are enrolled for 2021. Based on a potential student capacity of 68 students, the Board finds the applicant must modify the plans to include parking for three bicycles, or two inverted U racks, on a concrete pad between the relocated portion of the path and the building or on the north side of the building by the gym entrance. 13.04 Landscaping, Screening & Street Trees 13.04I Landscape Maintenance. Maintenance and responsibility. All planting shown on an approved site plan shall be maintained by the property owner in a vigorous growing condition throughout the duration of the use. Plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season. Trees with a caliper of less than 5” may be replaced on an inch-by-inch basis with trees of the same genus of at least 2” caliper each. No permit shall be required for such replacements provided they conform to the approved site plan. Replacement of trees with a caliper of greater than 5” shall require an amendment to the site plan. The most recently approved site plan for the property that pertains to the affected portion of the site approved four (4) Bradford pear trees and eight (8) creeping juniper bushes between the parking area and the property line. If the landscaping had been allowed to mature as required, the previously approved vegetation would be well established at this time. There is no evidence of the property having obtained a permit to modify the approved landscaping. The provided site plan indicates the presence of two unidentified trees, four locust trees, two cedar trees and one crab (presumably crab apple) tree between the parking area and the street. The applicant is proposing to remove the crab apple tree. It is indicated as having a 3-inch caliper. The Board finds the existing landscaping to be considered an acceptable substitution for the previously required landscaping as an after-the-fact approval, including the proposed removal of the crab apple tree. The applicant must modify the plans to identify the unidentified trees on the plan to allow future enforcement of this criterion. CONDITIONAL USE STANDARDS 14.10E. General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: These criteria pertain only to the change in use, and not to the proposed site improvements. #SP-22-019 #CU-22-03 (1) The capacity of existing or planned community facilities. The Board finds the proposed change in use will not result in an undue adverse effect on 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. IDX Drive and Green Mountain Drive have a large variety of uses, including the large office at 40 IDX Drive, automobile related uses, wholesale, research and development, multifamily residential, and other educational uses. The Board finds the proposed change from office to educational use generally consistent with the character of the area. (3) Traffic on roads and highways in the vicinity. The Board finds this criterion will be met when the comments above pertaining to traffic is addressed. (4) Bylaws and ordinances then in effect. The Board finds this criterion will be met when the issues identified herein are addressed. (5) Utilization of renewable energy resources. The Board finds the proposed change in use will not result in an undue adverse effect on utilization of renewable energy resources. F. Expiration of Conditional Use Permits. A conditional use permit shall be deemed to authorize only one (1) specific conditional use on a subject property and shall expire if the conditional use shall cease for more than six (6) months for any reason, unless an umbrella approval has been granted. Only one specific conditional use, educational facility, is proposed. DECISION Motion by Mark Behr, seconded by Quin Mann, to approve Site Plan application #SP-22-019 and Conditional Use application #CU-22-03 of Vermont Commons School, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. The 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 as amended herein. 3. The plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Include parking for three bicycles, or two inverted U racks, on a concrete pad between the relocated portion of the path and the building or on the north side of the building by the gym entrance. b. Identify the unidentified trees on the plan #SP-22-019 #CU-22-03 4. A digital PDF version of the approved final plan set must be delivered to the Administrative Officer before issuance of a zoning permit. 5. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. 6. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 7. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 9. The proposed project must 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 must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 10. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 11. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 4 - 0 - 0. Signed this ____ day of June, 2022, by _____________________________________ Dan Albrecht, 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 #SP-22-019 #CU-22-03 Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See 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.