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HomeMy WebLinkAboutSP-13-44 - Decision - 0600 Swift Street#SP-13-44 CITY OF SOUTH BURLINGTON SOUTH BURLINGTON VETERANS COMMITTEE - 600 SWIFT STREET SITE PLAN APPLICATION #SP-13-44 FINDINGS OF FACT AND DECISION South Burlington Veterans Committee, hereafter referred to as the applicant, is requesting site plan approval to amend a previously approved plan for a public park. The amendment consists of installing three (3) monuments/sculptures and a flag pole to serve as a Veterans Memorial, 600 Swift Street. Based on the document file for this application, the Administrative Officer finds, concludes, and decides as follows: FINDINGS OF FACT 1. South Burlington Veterans Committee, hereafter referred to as the applicant, is requesting site plan approval to amend a previously approved plan for a public park. The amendment consists of installing three (3) monuments/sculptures and a flag pole to serve as a Veterans Memorial, 600 Swift Street. 2. The owner of record of the subject property is the City of South Burlington. 3. The application was received on July 31, 2013. 4. The Development Review Board originally approved this project on 9/12/12 (#SP-12-42). The approval became null and void due to not obtaining a zoning permit within six (6) months of the approval. 5. Section 14.09 (2) of the LDRs states that the Administrative Office may re -approve plans approved by the DRB if a permit "...issued by the Development Review Board has expired within the preceding six months and no changes or alterations of any kind are proposed..." The permit at issue expired on 3/12/13 and this application is within the time period prescribed. 6. The subject property is located in the Park and Recreation Zoning District. 7. The plans submitted consist of a two (2) page set of plans, page one (1) entitled "South Burlington Veteran's Memorial, Overall Site Plan", prepared by HKWP Landscape Architects, and dated 7/31/12. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements IC Zoning District Required Proposed Min. Lot Size None 2,993,878.8 SF Max. Building Coverage 15 % 13.33% FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SP_13_44_600SwiftSt_SBVeterans_ffd.doc #SP-13-44 Max. Overall Coverage 25 % 8.62 % Min. Front Setback 40 ft. >40 ft. Min. Side Setback 15 ft. >15 ft. Min. Rear Setback 30 ft. >30 ft. �-Zoning Compliance / +16-Pre-existing non-compliance/ ♦ Zoning Non- Compliance 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. The project will not require any additional water supply or wastewater disposal capacity. 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. The proposed project shall 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 shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the subject lot will be provided by the existing access drive to the parking lot. 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. The plans do not show any wetlands on site. There do not appear to be any listed on the state wetlands map. 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. The Administrative Officer finds no concerns with respect to these criteria. 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 memorial is located in a manner so as not to impinge upon any open spaces or stream buffer areas. 2 FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2013\SP_13_44_600SwiftSt_SBVeterans_ffd.doc #SP-13-44 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. No new buildings are proposed. The memorials will each be located near the parking area. 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. This criterion is being met. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Administrative Officer finds 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. This criterion is met. Parking shall be located to the rear or sides of buildings.. No changes to the parking configuration are proposed other than converting two regular spaces to handicapped spaces. 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 already located at the pavilion although not depicted on the applicant's plan. 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. This criterion is met. The height of the memorial is compatible with the skating rink and the bandstand. 3 F:\USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2013\SP_13_44_600SwiftSt_SBVeterans_ifd.doc #SP-13-44 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. This criterion is met. 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 Administrative Officer finds that the proposed memorial and landscaping meet 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. The Administrative Officer finds that the proposed memorial and landscaping meet this criterion. 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 reservation of land is not necessary 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 memorial will be serviced by existing trash and recycling receptacles located at the park. Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. 4 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SP_13_44_600SwiftSt_SBVeterans_ffd.doc #SP-13-44 The Administrative Officer finds that these criteria are being met. Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. Snow removal will continue to be conducted by the City's Department of Public Works. Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. The applicant's proposed landscaping budget is $25,500. The construction budget is $125,552. This criterion is met. Lighting Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more than 30' above ground level and the maximum illumination at ground level shall not exceed an average of three (3) foot candles. Pursuant to Appendix A.10 (b) of the Land Development Regulations, indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average. All lighting shall be shielded and downcast. The project will include lights along the path installed flush to the ground. These lights will have a cap that will direct the light in a semi -circle towards the path. The cylindrical memorial at the northern edge of the project area will be served by an uplight; however the memorial itself will be shielded by a cap as well. The Board finds that the proposed path and lighting of the cylindrical memorial to be in compliance with the LDRs. The Board also finds that the lighting for the dog tag and stone memorials are acceptable as proposed. In accordance with Section 13.08 of the LDRs, night time illumination of flagpoles is required to be reviewed by the Administrative Officer as part of a Zoning Permit application. Based on the use of these structures as veteran's memorials, the Board finds that these should be treated in the manner as flagpoles for the purposes of these regulations. DECISION Based on the above Findings of Fact, the Administrative Officer herby approves site plan application #SP-13-44 of South Burlington Veterans Committee subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SP_13_44_600SwiftSt_SBVeterans_ffd.doc #SP-13-44 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. All lighting shall be shielded and downcast and compliant with Appendix A.9 of the Land Development Regulations, except as described within the findings. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use and occupancy of the memorial. 7. Any changes to the site plan shall require approval of the South Burlington Development Review Board or the Administrative Officer. Signed on this day of Gy , 2013 by Ray and J. Belair, Administrative Officer 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 802.879.5676 to speak with the regional Permit Specialist. FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SP_13_44_600SwiftSt_SBVeterans_ffd.doc