HomeMy WebLinkAboutSP-22-057 - Decision - 0002 Baldwin Avenue - SP-22-057_2 Baldwin Ave_SBSD_FFD#SP-22-057
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH BURLINGTON SCHOOL DISTRICT
2 BALDWIN AVENUE
SITE PLAN APPLICATION #SP-22-057
FINDINGS OF FACT AND DECISION
Site plan application #SP-22-057 of South Burlington School District to modify a previously approved site
plan for an educational facility. The amendment consists of constructing a 6,300 sf expansion, including
four modular classrooms and an adjoining enclosed hallway, 2 Baldwin Avenue.
The Development Review Board held a public hearing on December 6, 2022. Rani Philp, Jeff Hodgson,
Paul Boisvert, and Julia Ginorio 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-22-057 of South Burlington School District to modify
a previously approved site plan for an educational facility. The amendment consists of 6,300 sf
expansion, including four modular classrooms and adjoining enclosed hallway, 3 Baldwin Avenue.
2. The subject property is located in the Municipal Zoning District and the Transit Overlay District.
3. The owner of record of the subject property is South Burlington School District.
4. The application was received on October 14, 2022.
5. The plans submitted consist of the following:
Sheet No. Description Prepared By Last Revised Date
C0.0 Cover Sheet Engineering Ventures 10/31/2022
C1.0 Existing Conditions Plan Engineering Ventures 10/31/2022
C2.0 Site Plan Engineering Ventures 10/31/2022
C2.1 EPSC Plan Engineering Ventures 10/31/2022
C3.0 & C3.1 Details Engineering Ventures 10/31/2022
SW1, SW2,
SW3
Stormwater Plans Engineering Ventures 10/31/2022
A1.1 Overall & Demo Plan Dore & Whittier 10/14/2022
A1.2 Floor Plan & RCP Dore & Whittier 10/14/2022
A1.3 Roof Plan Dore & Whittier 10/14/2022
A1.4 Exterior Elevations Dore & Whittier 10/14/2022
A1.5 Finish Plan, Finish
Schedule, Doors
Dore & Whittier 10/14/2022
AG.1 Abbreviations, General
Notes
Dore & Whittier 10/14/2022
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AG.2 Wall Types, Typical Details,
Partition Notes
Dore & Whittier 10/14/2022
G-0 Cover Dore & Whittier 10/14/2022
L202 Planting Plan Wagner Hodgson 11/16/2022
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Municipal Zoning District Required Proposed
3Min. Lot Size N/A 13.56 acres (no change)
3Max. Building Coverage 30% 11%
3Max. Overall Coverage 70% 27%
3Min. Front Setback 40 ft. 250 ft. (no change)
3Max Front Setback Coverage 30% (no change)
3Min. Side Setback 15 ft. 25 ft.
3Min. Rear Setback 30 ft. 275 ft. (no change)
3 Building Height (flat roof) 35 ft. (no increase)
3 Meets requirement
7.03 Municipal Zoning District (MU)
The purpose of the Municipal Zoning District is to provide for public schools, municipal services including
but not limited to administration, police, fire, water, street, and sewer services, landfills, operations of
other municipal corporations as set forth in 24 VSA [municipal corporations such as CSWD], and other
municipal uses, excluding public recreation.
D. Additional Standards. All applications within this District shall be subject to the following
additional standards
(1) The proposed use will provide an affirmative public benefit to the City and its citizens.
The proposed expansion to the existing elementary school will provide additional classroom
space for the growing number of students enrolled at Orchard School. The Board finds the
enhancement of existing educational facilities to constitute an affirmative public benefit to the
City of South Burlington and its citizens and considers this criterion met.
(2) The proposed use will be compatible with and protect the ability to preserve public
recreational use and planned open spaces and natural areas on the project site.
The proposed expansion will be located on the southern side of the existing school in an area
where the existing detached temporary office trailers are located. These trailers are proposed to
be removed, as they will be replaced in place and in function by the proposed addition. Existing
fields, playgrounds, and open spaces are located to the north of the school, and the existing
wooded natural area is located to the north and east of the school. As such, the proposed
expansion will have no adverse effect on the existing public recreational uses that this site
provides. The Board finds this criterion met.
SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
A. Relationship of Proposed Structures to the Site.
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(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.
The proposed expansion consists of four additional classrooms, which will be connected to the
existing school building via an enclosed hallway. As such, the transition between these areas will
be completely internal since the proposed expansion simply serves to expand the existing
structure. Transitions from structure to site are considered by the Board to be adequate.
Adequacy of planting and pedestrian movement are discussed elsewhere in this document. The
Board finds the quantity of parking areas to be adequate.
(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 modifications to the existing parking 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.
The footprint of the building is proposed to increase by approximately 8% and the expansion is
proposed to be 11.5 feet tall and one story. The Board finds the scale and height of the
proposed structure to be compatible with the rest of the adjoining school building.
B. 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.
The proposed expansion is an addition to the existing school building. The addition to the
existing structure will be constructed of different materials, and has a notably different design,
and/or architectural style when compared to the rest of the existing school. Color is not
indicated on the provided plans. However, the proposed addition is only slated to serve
Orchard School for between five and ten years. Due to this temporary nature, the applicant has
prioritized function, cost, speed of construction, and energy efficiency over the visual
relationship between the addition and the school. Furthermore, the proposed addition will be
screened from the west and north by the form of the existing school and screened from the east
and south by the existing trees and landscaping features. The Board finds that given the
temporary nature of the proposed addition and the limited visual impact of the proposed
addition, the relation between the addition and the existing school building is harmonious
enough, and finds this criterion met.
(3) To accomplish (1) and (2), the DRB shall consider:
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(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of
development defined by the planned or existing street grid, block configurations,
position and orientation of principal buildings, prevalence of attached or detached
building types.
The proposed addition will be recessed behind the existing school building and will be
completely screened from the west and north by the form of the existing school. There is
no formal public access on the subject property to the east or south of the proposed
addition on, and the addition will be screened by existing trees and landscaping features
from those directions. The Board finds the position of the proposed addition minimizes
its visual impact and considers that this project serves to maintain the overall pattern of
development at this property.
(b) Architectural Features. Respond to recurring or representative architectural features
that define neighborhood character, without adhering to a particular architectural
style.
The Board finds that the proposed addition fails to adhere to the architectural features
that define this neighborhood’s character. The Board further finds that the structure does
adhere to a particular architectural style, namely that of an industrial shipping container.
However, the level of screening offered by both the existing vegetation and the form of
the existing school building will nearly eliminate all visual impacts of this proposed
addition.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including
side and back yard areas through context sensitive design.
The proposed addition is in the side yard of the subject property, which is adjacent to the
back yards of several residential lots to the south. The proposed addition will be set back
25 feet from this side property line, which is ten feet behind the allowed minimum
setback for this zoning district and will be screened from the adjacent residential lots by
existing vegetation. As such, the Board finds the proposed addition to adequately limit
impacts on privacy.
C. Site Amenity Requirement
This non-residential expansion will add 7,016 square feet to the building area. As such, the Site
Amenity requirement does apply to this project. The minimum required area for a such a Site
Amenity is six percent of the non-residential gross floor area, which is 421 square feet for this
project. The Board finds that the applicant may receive site amenity credit for the existing
playground that is approximately 8,000 square feet in size. The playground Site Amenity type
has a minimum size of 1,500 square feet and no maximum size, and typically includes features
such as playground equipment, small accessory structures like shelters or pagodas, and seating.
The Board finds that the existing playground meets these requirements and has not been
previously designated as a Site Amenity. As such, the Board finds this criterion met.
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.
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The project site is within the Wetland Advisory Layer, as there is a Class II wetland on the
eastern side of the property. Article 12.06.B(2)(a) says that the buffer area for a Class II wetland
located in the Municipal Zoning District are measured fifty (50) feet in horizontal distance from
the boundary of the wetland. All proposed work for this application is taking place outside of
that 50-foot buffer. As such, there are no proposed changes that affect this or any resource
area.
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.
There are no changes to site access or site circulation as part of this application.
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 3.11(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.
The Board finds no upgrades to be required.
G. 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.
See 13.02F below for discussion of access.
H. 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.
The South Burlington Water Department Director reviewed the plans on 11/19/2022 and offers
the following comments:
1. Plans must include a note stating “All water lines and appurtenances shall be installed
in accordance with the Champlain Water District Specifications and Details for the
Installation of Water Lines and Appurtenances, current edition.”
2. Record Drawings prepared by a VT licensed Professional Engineer shall be provided to
the South Burlington Water Department in pdf. and Auto-CAD format. Drawings shall
include ties to all gate valves and curb stops to sub-meter accuracy.
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3. Connection must be on internal plumbing downstream of existing water meter. If
existing water service entry does not included appropriate backflow prevention device,
then one must be installed immediately downstream of existing water meter.
4. Curb box to proposed ZEM classrooms must be placed inside gate valve box top with
two-inch paving rider to be set to final grade.
The Board finds that the applicant must comply with the comments of the Water Department
Director as a condition of approval.
The South Burlington Director of Public Works reviewed the plans on 12/1/2022 and had no
further comments to offer.
I. 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.
There are no proposed changes to the location or screening of the existing dumpster, which meets
this criterion.
SUPPLEMENTAL REGULATIONS
13.02 Off Street Parking and Loading
G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping
(3) Provision shall be made for access by police, fire and emergency vehicles.
The South Burlington Fire Marshal reviewed the plans on 11/17/2022 and offers the
following comments:
FMO has had extensive discussions on the Orchard School design team on
design, fire alarm, 3rd party inspection. Our access is very poor at the school as
an existing condition, so our access to the West driveway by the gym is critical.
‘No parking’ signs at the ellipse will be required.
The Board finds that the applicant must modify the plans to provide ‘no parking’ signs as
requested by the Fire Marshal as a condition of approval.
13.03 Bicycle Parking and Storage.
Short-term bicycle parking standards are applicable to any application for development that requires
site plan approval. The minimum requirement for short-term bicycle parking facilities for an educational
use is 1 space for each 20 students of planned capacity. Long-term bike storage requirements only apply
to new buildings. As this project is an expansion of an existing building that requires site plan approval,
the short-term bicycle parking standards apply, while the long-term bicycle storage standards do not. As
this is the first application for this property since the adoption of these regulations, the applicant is only
required to propose and install 50% of the required number of bicycle parking spaces, or 1 space for
each 40 students of planned capacity. The current capacity of the school is 454 students, so the
minimum short-term bicycle parking requirement is 23 spaces. 50% of that requirement is 12 spaces.
The applicant has indicated a location for installation of the required number of bicycle parking spaces.
The Board finds that the bicycle parking spaces must meet the requirements of LDR Article 13.03B(2).
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13.04 Landscaping, Screening & Street Trees
(4) Landscaping Requirements
(a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All
planting shall be species hardy for the region and, if located in areas receiving road runoff
or salt spray, shall be salt-tolerant.
The South Burlington City Arborist reviewed the plans on 11/17/2022 and offers the
following comments:
Tree and Shrub Planting Details should be included in the plan but otherwise the
landscaping looks fine.
The Board finds that the applicant must modify the plans to provide planting details, to the
satisfaction of the City Arborist, prior to issuance of a zoning permit.
(b) At least one (1) major deciduous shade tree shall be provided within or near the
perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed
evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed
a minimum of thirty (30) feet apart.
Of the thirteen trees proposed, four are located near the perimeter of the existing parking
area. As such, the proposed landscaping plan reduces the property’s level of non-
compliance with this criterion. The Board finds that site conditions, including existing
boulders, power lines, and other vegetation, preclude the applicant from placing any more
trees within the perimeter of the parking lot. As such, the Board finds this criterion met.
(c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when
measured on the tree stem, six (6) inches above the root ball.
All proposed trees are measured appropriately and meet this criterion.
(d) Where more than ten (10) trees are installed, a mix of species is encouraged; the
species should be grouped or located in a manner that reinforces the design and layout of
the parking lot and the site.
14 trees are proposed, representing three species of tree, which are located appropriately
across the site. As such, the Board finds this criterion met.
(e) Within the City Center FBC District, landscaping required within this section shall not
count towards meeting minimum landscape budget requirements as detailed in Section
13.04(G).
This property is not located within the City Center FBC District and therefore this criterion
does not apply.
(7) Snow storage areas must be specified and located in an area that minimizes the
potential for erosion and contaminated runoff into any adjacent or nearby surface waters.
The applicant testified that the proposed addition will not affect existing snow storage areas,
which will remain the same. The Board finds that the applicant must modify the plans to show
the location of these snow storage areas as a condition of approval.
C. Screening or buffering. The Development Review Board will require landscaping, fencing, land
shaping and/or screening along property boundaries (lot lines) whenever it determines that a)
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two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a
property’s appearance should be improved, which property is covered excessively with pavement
or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-
family use abuts a residential district or institutional use, or (d) a parking or loading area is
adjacent to or visible from a public street.
The Board finds that the proposed site is not dissimilar enough from the adjoining properties to
require additional screening beyond that discussed in 14.06.B(3) above.
G(3) Landscaping Budget Requirements. The Development Review Board shall require minimum
planting costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements,
some credit may be granted for existing trees or for site improvements other than tree planting as
long as the objectives of this section are not reduced. The costs below are cumulative; for example, a
landscaping budget shall be required to show a planned expenditure of three percent of the first
$250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or
improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall
be prepared by a landscape architect or professional landscape designer.
The cost of the proposed building addition is $1,529,775, requiring $22,797 in plantings. The applicant
has proposed 11 deciduous trees, 2 evergreen trees, 45 shrubs, and 36 perennial ornamental grasses. If
the Board finds the other provisions of the landscaping criteria to be met, they may allow the applicant
credit for landscaping elements other than trees and shrubs.
The applicant has proposed the following elements be counted towards the required minimum
landscaping budget:
Item Cost
Trees $16,280.00
Shrubs and Grasses $6,615.00
Total $22,895.00
Minimum Requirement $22,797.00
The Board finds that the proposed landscaping budget meets the minimum requirements and finds this
criterion met.
13.05 Stormwater Management
Stormwater standards apply when one-half acre or more of impervious surface exists or is proposed to
exist, and where 5,000 sf of impervious is created or reconstructed. The City Stormwater Section
reviewed the proposed plans on 11/28/2022 and offers the following comments.
1. The DRB should include a condition requiring the applicant to regularly maintain all
stormwater treatment and conveyance infrastructure.
The Board finds that the applicant must comply with the comments of the City Stormwater Section,
including adhering to the standard condition which dictates that the applicant must regularly maintain
all stormwater treatment and conveyance infrastructure.
13.07 Exterior Lighting
Lighting requirements are summarized as follows.
(1) Fixtures must be downcast and shielded
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(2) Illumination must be evenly distributed
(3) Fixtures must be placed to minimize lighting from becoming a nuisance
(4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural
material, with a decorative surface or finish
(5) Poles & building mounted fixtures may be no higher than 30-ft
(6) Poles must be located in safe locations
Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3-
foot candles average at ground level. The applicant has indicated no changes to existing exterior lighting
are proposed, and that existing fixtures are downcast and shielded. The Board finds this criterion met.
DECISION
Motion by Mark Behr, seconded by Stephanie Wyman, to approve Site Plan application #SP-22-057 of
South Burlington School District, 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 plan submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning as conditioned herein.
3. The plans must be revised to show the changes below and shall require approval of the
Administrative Officer.
a. The inclusion of the existing snow storage areas, which are not proposed to be affected.
b. The inclusion of the ‘No Parking’ signs, as required by the Fire Marshal.
c. The inclusion of a ‘Tree & Shrub Planting Details’ sheet in the provided plan set.
d. The revision of the latest iteration of the landscaping plan, showing all proposed
landscaping features on one sheet.
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. Prior to issuance of a zoning permit, the applicant must post a landscaping surety for $22,895.00 in
plantings in accordance with the methodology in LDR 15.15B ($16,447.50). 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.
6. Temporary structures used in conjunction with construction work shall be permitted only during the
period that the construction is in progress.
7. The applicant must comply with the comments of the South Burlington Water Department Director,
including the following:
a. Plans must include a note stating, “All water lines and appurtenances shall be installed in
accordance with the Champlain Water District Specifications and Details for the
Installation of Water Lines and Appurtenances, current edition.”
b. Record Drawings prepared by a VT licensed Professional Engineer shall be provided to the
South Burlington Water Department in pdf. and Auto-CAD format. Drawings shall include
ties to all gate valves and curb stops to sub-meter accuracy.
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c. Connection must be on internal plumbing downstream of existing water meter. If existing
water service entry does not include appropriate backflow prevention device, then one
must be installed immediately downstream of existing water meter.
d. Curb box to proposed ZEM classrooms must be placed inside gate valve box top with two-
inch paving rider to be set to final grade.
8. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure.
9. 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.
10. 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.
11. The applicant must continue to maintain the approved landscaping in a vigorous growing condition
throughout the duration of the use.
12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
13. 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.
14. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of
the new uses.
15. 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.
16. Bicycle racks must meet the minimum requirements of 13.03.B(2) and Appendix G.
Dan Albrecht Yea Nay Abstain Not Present
Mark Behr Yea Nay Abstain Not Present
Frank Kochman Yea Nay Abstain Not Present
Quinn Mann Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
John Stern Yea Nay Abstain Not Present
Stephanie Wyman Yea Nay Abstain Not Present
Motion carried by a vote of 6 – 0 – 0.
Signed this ____ day of December, 2022, by
_____________________________________
Dawn Philibert, 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
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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
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.