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HomeMy WebLinkAboutSP-24-15 - Decision - 0400 Swift Street#SP-24-15 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING M YUSUF ALI – 400 SWIFT STREET SITE PLAN APPLICATION #SP-24-15 FINDINGS OF FACT AND DECISION M Yusuf Ali, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 3-acre property that includes an 18,900 sf, 275-seat place of worship and a 100 sf accessory structure. The amendment consists of constructing a 2,000 sf addition to the primary structure and associated site improvements, 400 Swift Street. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking to amend a previously approved plan for a 3-acre property that includes an 18,900 sf, 275-seat place of worship and a 100 sf accessory structure. The amendment consists of constructing a 1,424 sf addition to the primary structure and associated site improvements, 400 Swift Street. 2. The owner of record of the subject property is the Islamic Society of Vermont. 3. The subject property is located in the Residential 2 (R2) zoning district. Portions of this property not proposed to be impacted by this application are located within the Wetland Advisory Layer and the River Corridor Overlays. 4. The application was received on September 3, 2024. The City Council published notice of a public hearing on draft amendments to the land development regulations on August 22, 2024. Pursuant to 24 VSA 4449(d), any new application filed after the date of the notice shall be reviewed under the proposed amendment and applicable existing bylaws and ordinances pending Council action on the amendment. Where they differ, both sets of standards are identified herein. In all cases, compliance with the more restrictive standard applies. 5. 6. The plans submitted include the following: Plan Sheet Number & Title Prepared By: Date Last Revised: SP.1 – Site Plan GVV Architects 9/9/2024 A.1 – Partial Plan Wall Section GVV Architects 8/7/2024 A.2 – Elevations Building Section GVV Architects 8/7/2024 A.3 – Roof Plan Details GVV Architects 8/7/2024 F.1 – Foundation Plan GVV Architects 8/7/2024 L.1 – Landscape Plan GVV Architects 9/19/2024 Only the standards below are affected by this application. All other standards will continue to be met. #SP-24-15 - 2 - DIMENSIONAL REQUIREMENTS Existing Zoning – R2 Zoning District Required Existing Proposed  Min. Lot Size 40,000 S.F. 3 acres No change  Max. Building Coverage 40% 14.46% 15.55%  Max. Overall Coverage 70% 55.0% 56.09 %  Max. Front Yard Coverage 30% 8.33% No change  Min. Front Setback 30 ft ~86 ft 84 ft  Min. Side Setback 10 ft ~30 ft No change  Min. Rear Setback 30 ft ~165 ft No change  Max. Building Height (pitched roof) 40 ft Not calculated No change  Zoning Compliance Draft Zoning Amendments – LSN Zoning District Required Existing Proposed  Min. Lot Size 7,000 S.F. 3 acres No change  Max. Building Coverage 50% 14.46% 15.55%  Max. Overall Coverage 70% 55.0% 56.09 %  Max. Front Yard Coverage 30% 8.33% No change  Min. Front Setback 20 ft ~86 ft 84 ft  Min. Side Setback 10 ft ~30 ft No change  Min. Rear Setback 30 ft ~165 ft No change  Max. Building Height (pitched roof) 40 ft Not calculated No change SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 14.06 General 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 proposed building addition will be of the same style and scale as the existing building. The applicant is not proposing to impact the existing pedestrian walkways, which allow for safe pedestrian movement, or the existing vehicle parking areas. The applicant is proposing to install supplemental landscaping, which is discussed under 13.04 below. 2) 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 proposed building addition will increase the footprint of the building by approximately 7.5% and is proposed to have a pitched roof with a calculated height of approximately 17’4”. The proposed addition will be one story and will be no taller than the existing principal structure to which it will be attached. The Administrative Officer finds the scale and height of the proposed structure to be compatible with the structures on site and in the area. 3) Parking #SP-24-15 - 3 - No new off-street parking areas and no modifications to the existing off-street parking areas are proposed. 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. The existing building’s exterior finish materials include brick, stone, and vinyl siding. The proposed building addition will have a similar stone accent and will utilize vinyl siding that matches the color of the existing vinyl siding. The Administrative Officer finds that no buffering or screening is required for this building addition since it is of the same architectural style as the existing building. (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. As noted above, the proposed building addition will be harmoniously related to the existing principal structure to which it will be attached. The vicinity does not include any elements that appear to clash with the proposed addition. The Administrative Officer finds this criterion met. (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. The proposed addition extends the façade of the existing building to the west and maintain the position and prevalence of the existing principal structure. (b) Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. The Administrative Officer finds that the proposed addition meets the general features of the neighborhood character without adhering to any particular style of construction. (c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. No changes impacting the privacy of adjoining properties are proposed. C. Site Amenity Requirement This non-residential expansion adds fewer than 5,000 square feet to the building area. As such, this criterion is not applicable. 14.07 Specific Review Standards D. Transportation Demand Management. Transportation Demand Management analysis is required for all site plans. See Section 13.01. See analysis of TDM standards under Section 13.01 below. This standard is part of the proposed LDR amendments applicable to this application. #SP-24-15 - 4 - H. Utility Services The proposed addition is intended to replace existing facilities with a better worship space for existing congregation members, not to increase the capacity of the place of worship. Although the intention of the addition is not to increase attendance, the applicant testified that the proposed building addition will increase the principal structure’s existing maximum occupancy of 143 people to a theoretical maximum occupancy of 243 people. The property has an existing Wastewater Allocation that can support a congregation of up to 275 people – as such, the Administrative Officer finds that the applicant is not required to update the existing Wastewater Allocation approval or obtain a new Wastewater Allocation approval as part of this application. I. Disposal of Wastes The applicant has testified that the existing dumpster is enclosed in a manner that meets all standards of the LDR. The Administrative Officer finds this criterion met. OTHER APPLICABLE STANDARDS 13.01 Transportation Demand Management A. Purpose. Transportation Demand Management (TDM) is a strategy to increase the overall efficiency of the transportation system by diversifying transportation options and reducing single- occupancy vehicle (SOV) trips and/or vehicle miles traveled (VMT). The primary objectives of TDM are to mitigate traffic congestion, reduce vehicle emissions, provide users mobility choice, and improve community livability. B. Applicability. (1) TDM requirements shall apply in all zoning districts and to land development as follows: (a) Master plans shall apply TDM requirements to the entire area of land development, or to each phase if the project includes phasing. (b) Site Plan Review shall apply TDM requirements. This application for Site Plan review triggers applicable TDM requirements. C. Calculation Of Trips Generated. (1) Reference Materials. Trips generated will be evaluated using the methodology established in Appendix B. Using the methodology established in Appendix B, the Administrative Officer finds that the proposed soil remediation will not create any additional vehicle trips beyond that which has already been approved, since the property is approved for a 275-seat place of worship and the proposed addition will only bring the maximum theoretical occupancy to 243 people. As such, the remainder of Section 13.01 does not apply to this application. 13.03 Bicycle Parking & Storage Including the proposed building addition, the use of the property consists of a 20,324 sf place of worship, which is classified as an “other non-residential” use by this section of the LDRs, requiring a minimum of 5 short-term bicycle parking spaces. The applicant is not required to provide any long-term bike parking, as the proposed building addition does not impact more than 50% of load- #SP-24-15 - 5 - bearing elements in the existing building. The applicant is proposing to meet the short-term bike parking requirement by installing three ‘inverted-U’ racks on a proposed 10’ x 9’ concrete pad at the edge of a lawn area near two primary building entrances. The Administrative Officer finds this criterion met. 13.04 Landscaping, Screening & Street Trees B(7) Snow Storage The applicant has indicated the snow storage areas on the associated plans. The Administrative Officer finds this criterion met. C. Screening or Buffering Landscaping, fencing, land shaping and/or screening along property boundaries is required when two adjacent sites are dissimilar and should be screened or buffered from each other, or when a property’s appearance should be improved. The Administrative Officer finds that the existing place of worship use is not dissimilar from the adjacent place of worship use to the east. The existing place of worship use is relatively dissimilar from the residential development to the west. The applicant has proposed to install six maple trees and four flowering crabapple trees of at least 2.5” caliper each on the west side of the building. The Administrative Officer finds that the proposed screening is sufficient and finds this criterion met. 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 $400,000, requiring a minimum of $10,050 worth of landscaping plantings. The applicant has proposed fifteen 3” caliper trees, sixteen large shrubs, and a 500 sf area of creeping myrtle. The value of this landscaping is $13,000, which exceeds the minimum required landscaping value of $10,050. The applicant has posted a landscaping surety of $10,500, representing the required surety for the provided landscaping, in accordance with the methodology in 17.15B(1)(b). 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. 13.07 Exterior Lighting Lighting requirements are summarized as follows. (1) Fixtures must be downcast and shielded. (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 feet. (6) Poles must be located in safe locations. #SP-24-15 - 6 - 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 that no changes to existing exterior lighting fixtures and no new exterior lighting fixtures are proposed. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-24-15 of M Yusuf Ali, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plan and shall be on file in the South Burlington Department of Planning and Zoning. 3. The Administrative Officer concurrently issues ZP-24-291. 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the building addition. 5. Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction is in progress. 6. Any 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’s posted landscaping bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 8. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 10. 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. 11. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 12. Any change to the site plan shall require approval by the South Burlington Administrative Officer or the Development Review Board, as allowed under the Land Development Regulations. Signed on this 27th day of September, 2024 by Marty Gillies, acting Administrative Officer #SP-24-15 - 7 - PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. 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.