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HomeMy WebLinkAboutSP-24-04 CU-24-02 - Decision - 0099 Proctor Avenue 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ROMAN CATHOLIC DIOCESE OF BURLINGTON – 99 PROCTOR AVENUE SITE PLAN APPLICATION #SP-24-04 & CONDITIONAL USE APPLICATION #CU-24-02 FINDINGS OF FACT AND DECISION Site plan application #SP-24-04 and conditional use application #CU-24-02 of the Roman Catholic Diocese of Burlington to amend a previously approved plan for a 126,875 sq. ft. educational facility (Rice Memorial High School). The amendment consists of reconfiguring and installing turf on the existing athletic fields, removing the existing track and bleachers, constructing new pervious walkways, and other minor site improvements, 99 Proctor Avenue. The Development Review Board held a public hearing on March 5, 2024. Andrew Nagy, Greg Dixson, Christopher Hulk, Jeff Hodgson, and Ella Braco 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 to amend a previously approved plan for a 126,875 sq. ft. educational facility (Rice Memorial High School). The amendment consists of reconfiguring and installing turf on the existing athletic fields, removing the existing track and bleachers, constructing new pervious walkways, and other minor site improvements, 99 Proctor Avenue. 2. The owner of record of the subject property is the Roman Catholic Diocese of Burlington. 3. The subject property is located in the Residential 4 Zoning District. Portions of this property not proposed to be impacted by this project are located in the Wetland Advisory Layer. 4. The application was received on 1/19/2024. 5. The plans submitted consist of: Sheet No. & Title Prepared by Last Revised Date C-3.00 – Location Map Krebs & Lansing 02/02/2024 C-0.00 – Existing Conditions Plan Krebs & Lansing 02/02/2024 C-1.00 – Civil Site Plan Krebs & Lansing 02/02/2024 C-1.01 – Civil Site Plan Krebs & Lansing 02/02/2024 C-1.02 – Civil EPSC Plan Krebs & Lansing 02/02/2024 C-2.00 – Civil Details Krebs & Lansing 02/02/2024 C-2.01 – Civil Details Krebs & Lansing 02/02/2024 C-2.02 – Civil Details Krebs & Lansing 02/02/2024 SP-1 – Site Development Plan FieldTurf 1/12/2024 PR-1 – Profile View 1 FieldTurf 1/12/2024 PR-2 – Profile View 2 FieldTurf 1/12/2024 SP-24-04 & CU-24-02 2 6. The applicant is proposing to alter the existing athletic field space at Rice Memorial High School to slightly enlarge the dimensions of the existing baseball field, slightly shift the location of the existing grass soccer field, and replace the existing natural grass surface of both fields with artificial turf. As part of this project, the applicant is also proposing some associated site alterations, including the removal of the existing track and bleachers, the creation of previous pedestrian pathways, and the installation of short-term bike parking facilities. 7. The existing educational facility is a Conditional Use in the Residential-4 Zoning District. Section 14.10.C of the Land Development Regulations specifies “any alteration, extension or other change to an existing conditional use shall require review under the requirements of this section” – as such, the proposed alteration of the athletic fields necessitates that the project is subject to the review standards for both Site Plans and Conditional Uses. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Residential-4 Zoning District Required Existing Proposed Min. Lot Size (non-residential) 40,000 sf 30.1 acres No change Max. Building Coverage 30 % 5.7% No change Max. Overall Coverage 60 % 18.7% 17.3% 1 Min. Front Setback 30 ft. Not provided No change Min. Side Setback 10 ft. Not provided No change Min. Rear Setback 30 ft. Not provided No change Max Height, flat roof 25 ft. Not provided No change 1. The applicant is proposing to remove impervious site features such as the existing track, bleachers, and impervious walkway, and replace them with synthetic turf and pervious walkways, thereby reducing the total amount of impervious surface on the site and avoiding the responsibility to provide stormwater treatment as part of this project. TABLE C-1 USES APPLICABLE IN ALL ZONING DISTRICTS The subject property is in the Residential-4 Zoning District. This zoning district has the stated purpose of “encouraging residential use at moderate densities.” This zoning district permits ‘educational facilities’ as a Conditional Use. The LDRs define “educational facility” as a “facility used for or in support of education, instruction, or research in any branch of knowledge”. The Board finds that the existing athletic fields, used for physical education instruction and interscholastic competition, both support and are integrated into the function of the existing educational facility. The Board finds that simply re-surfacing the existing athletic fields does not constitute a change in use or purpose of the existing athletic fields. The Residential-4 Zoning District prohibits “outdoor recreation facilities” as a use, which the LDRs define as a “commercial recreational facility for activities wholly or partially outside of any building or structure”. The definition of goes on to identify ‘ball fields’ as an example of an outdoor recreation facility. The Board finds that one of the primary distinctions between athletic fields associated with an educational facility (approvable as a Conditional Use) and athletic fields that would be classified as an outdoor recreation facility (prohibited) is the relationship of the proposed field users with the educational facility. To ensure that the athletic fields are not used as an “outdoor recreation facility”, the Board finds that the athletic fields at Rice Memorial High School shall only be used for school-related athletics and activities. SP-24-04 & CU-24-02 3 SITE PLAN REVIEW CRITERIA Pursuant to Section 14.03.A(1)(b) & (c) of the South Burlington Land Development Regulations, the proposed alteration to the approved site plan, which is also subject to conditional use approval, shall require site plan approval and shall meet the following standards of Section 14.06: 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. The DRB shall consider the following: (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. The Board finds that the proposed project does not impact compliance with this standard. (b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. The Board finds that the proposed project does not impact compliance with this standard. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. The Board finds that the proposed project does not impact compliance with this standard. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. The proposed project involves a slight increase in the amount of formal pedestrian walkway area throughout the athletic field space, which the Board finds constitutes a slight improvement in terms of pedestrian connectivity throughout the subject property. (e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. The Board finds that the proposed project does not impact compliance with this standard. (2) Parking. No impacts to parking are proposed. Therefore, the Board finds the criteria pertaining to parking location and layout to be irrelevant. (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. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any street frontage. This may be calculated separately or cumulatively for corner lots. Parking approved pursuant to 14.07(B)(2)(b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be SP-24-04 & CU-24-02 4 screened with sufficient landscaping to screen the parking from view of the Interstate. (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. Buildings are not proposed to be impacted, therefore the Board finds that the proposed project does not impact compliance with this standard. 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. Buildings are not proposed to be impacted therefore the Board finds that the proposed project does not impact compliance with this standard. (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 applicant is proposing to remove an existing structure (bleachers), but not to add any structures. The Board finds that the proposed project does not impact compliance with this standard. (3) To accomplish (1) and (2), the DRB shall consider: (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. (b) Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. (c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. C. Site Amenity Requirement. (1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). (2) Applicability. Applications for the following shall be required to provide Site Amenities: (a) Any non-residential development over 5,000 SF. (b) Additions or expansions exceeding 5,000 SF for existing non-residential structures. (c) Any residential development, including conversion of non-residential structures to residential use. This project does not meet any of these three criteria; as such, there is no Site Amenity requirement associated with this project. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: SP-24-04 & CU-24-02 5 A. Environmental Protection Standards All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. No protected natural resources are located within the project 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. No changes to landscaping and screening, open space, or lighting are proposed. The comments of the stormwater section are provided below under Section 13.05. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. While pedestrian circulation is impacted, Section 15.A.14 pertains to street network, and the Board finds this criterion unaffected by the proposed project. D. [Reserved for Transportation Demand Management (TDM)] 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 building form standards are applicable to the proposed project. 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 only impacted structure, as noted above, is removal of the existing bleachers, therefore the Board finds that this criterion is not applicable. 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. No modifications to existing access between properties are proposed. 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. SP-24-04 & CU-24-02 6 No impacts to wire-served utilities are proposed. 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 (i.e., non-dumpster, non-large drum) shall not be required to be fenced or screened. The applicant has testified that the existing dumpsters are screened in compliance with the above standard. The Board finds the Administrative Officer must verify this testimony as part of the Certificate of Occupancy inspection that will be required prior to use of the new turf field space. CONDITIONAL USE CRITERIA Pursuant to Section 14.10.C of the South Burlington Land Development Regulations, the proposed alteration to an existing conditional use must be reviewed under the conditional use review criteria and shall meet the following standards of Section 14.10.E: 14.10.E 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: (1) The capacity of existing or planned community facilities. If the proposed turf fields are used significantly more often and by a significantly larger number of groups or organizations than the existing grass athletic fields are, that increase in usage may result in an increase in impacts to community facilities, which may or may not be undue and adverse. However, the Board finds that Condition of Approval #6 of this decision to be sufficient to prevent an undue adverse impact 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. As noted above, the subject Zoning District has the purpose of “encouraging residential use at moderate densities” and prohibits ‘outdoor recreational facility’ uses. If the proposed turf fields are used significantly more often and by a significantly larger number of groups or organizations than the existing grass athletic fields are, that increase in usage could have an impact the character of the area as it relates to the purpose of the subject Zoning District. As above, the Board finds that Condition of Approval #6 of this decision to be sufficient to prevent an undue adverse impact on the character of the area. (3) Traffic on roads and highways in the vicinity. If the proposed turf fields are used significantly more often and by a significantly larger number of groups or organizations than the existing grass athletic fields are, that increase in usage could also result in an impact on vehicle traffic on the roads and highways in the vicinity. As above, the Board finds that Condition of Approval #6 of this decision to be sufficient to prevent an undue adverse impact on traffic. (4) Bylaws and ordinances then in effect. The Board finds the project consistent with other applicable bylaws. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. SP-24-04 & CU-24-02 7 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards F. Alteration of Existing Grade (1) Approval Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation (see Section 14.11(G), Earth Products.) The applicant is proposing to remove from the land or place on the land over twenty cubic yards of material as part of this project. However, the intent of this earthwork is not to alter the existing grade. The purpose of the proposed fill and removal is primarily to excavate the space needed for the sub- base that will support and drain the turf fields. Because the fill and removal will not alter the exiting grade, the standards of this ‘Alteration of Existing Grade’ section do not apply. The applicant is proposing to maintain the elevations along the perimeter of the existing field space and to maintain the slope of the field as it runs gently downhill from northeast to southwest. However, there is a note on Sheet C-1.01 that reads, “Final grades in this area may vary based on amount of excess fill from project.” The applicant testified that this note is intended to indicate that excess fill material will be spoiled/wasted by extending the level area at the west perimeter of the field prior to returning to existing grade. To accommodate the unknown quantity of waste material, the Board finds that final grades west of the turf may vary by no more than 3 vertical feet from existing grade and grading beyond the turf shall be limited to east of the existing driveway. Any variation in excess of these limits shall only be permitted via the approval of a separate Conditional Use application by the Board. OTHER APPLICABLE CRITERIA 13.04 Landscaping Existing approved landscaping is required to be maintained in a vigorous growing condition. No protections for the existing 12” tree on the west end of the existing track are proposed. The applicant testified that this tree can be retained. The Board finds that the applicant shall submit a revised EPSC plan identifying the Tree Protection measures proposed for the identified tree, subject to review and approval by the City Arborist. 13.04.B(7) Snow Storage The applicant has specified the snow storage areas on the submitted plans. The Board finds this criterion met. 13.05 Stormwater Management The Board finds that the applicant shall submit revised EPSC plans, subject to review and approval by the City Stormwater Section, prior to issuance of a Zoning Permit for this project. 13.03 Bicycle Parking & Storage Table 13-3 identifies that educational facilities need to provide 1 short-term bike parking space per every 20 students of planned capacity. The applicant has testified that the planned capacity of Rice Memorial High School is 500 students, which requires 25 short-term bike parking spaces. The applicant has provided Sheet C-1.01, which identifies the proposed location of eleven ‘inverted-U’ style bike racks and the proposed new location of the existing ‘schoolyard’ style bike rack. The SP-24-04 & CU-24-02 8 proposed new and relocated bike racks cumulatively total 26 short-term bike parking spaces, thereby exceeding the minimum requirement. The Board finds this criterion met. 13.07 Exterior Lighting The applicant has testified that no new or revised exterior light fixtures are proposed as part of this application. DECISION Motion by John Moscatelli, seconded by Charles Johnston, to approve site plan application #SP- 24-04 and conditional use application #CU-24-02 of the Roman Catholic Diocese of Burlington, 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. Prior to issuance of a Zoning Permit, the plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Revise EPSC plan to include tree protection measures for the 12” tree on the west end of the existing track, pending review and approval of the City Arborist. b. Revise EPSC plan to meet all applicable requirements of the City Stormwater Section, pending review and approval of the City Stormwater Section. 4. A digital PDF version of the full set of approved final plans as amended must be delivered to the Administrative Officer prior to issuance of a Zoning Permit. 5. The zoning permit must be obtained within six (6) months of this decision with the option for requesting a one (1) year extension as allowed in LDR 17.04. 6. The athletic fields at Rice Memorial High School shall only be used for school-related athletics and activities. 7. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 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 and the grading standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 10. The final grades west of the turf may vary by no more than 3 vertical feet from existing grade, and grading beyond the turf shall be limited to east of the existing driveway. 11. The Administrative Officer must verify that the existing dumpster enclosure(s) meet all standards of Article 14.07.I prior to issuance of a Certificate of Occupancy. 12. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer upon completion of the modifications approved herein and prior to occupancy and/or use of the approved modifications. SP-24-04 & CU-24-02 9 13.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. John Moscatelli 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 Charles Johnston Yea Nay Abstain Not Present Motion carried by a vote of 4 - 0 - 2. Signed this _20th_ day of March, 2024, by _____________________________________ Quin Mann, 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 Burlington Planning and Zoning Department at 180 Market 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.