HomeMy WebLinkAboutCU-08-04 SP-08-44 - Decision - 0012.5 C East Terrace#C U-08-04
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BURLINGTON TENNIS CLUB - 12'/2C EAST TERRACE
CONDITIONAL USE APPLICATION #CU-08-04
SITE PLAN APPLICATION #SP-08-44
FINDINGS OF FACT AND DECISION
Burlington Tennis Club, hereafter referred to as the applicant, is seeking conditional use
approval to amend a previously approved plan for a 2500 sq. ft. indoor recreational
facility and outdoor recreational facilities. The amendment consists of a multi -phase
project to include: 1) constructing an 1800 sq. ft. addition to the indoor recreation facility,
2) expanding parking area, 3) constructing a wiffle ball field, and 4) constructing one (1)
additional paddleball court, 12 '/z C East Terrace.
Burlington Tennis Club is also seeking site plan approval to amend a previously
approved plan for a 2500 sq. ft. indoor recreational facility and outdoor recreational
facilities. The amendment consists of a multi -phase project to include: 1) constructing an
1800 sq. ft. addition to the indoor recreation facility, 2) expanding parking area, 3)
constructing a wiffle ball field, and 4) constructing one (1) additional paddleball court, 12
'h C East Terrace.
The Development Review Board held a public hearing on Tuesday, June 17, 2008. Matt
Wamsganz 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
The applicant is seeking conditional use approval to amend a previously
approved plan for a 2500 sq. ft. indoor recreational facility and outdoor
recreational facilities. The amendment consists of a multi -phase project to
include: 1) constructing an 1800 sq. ft. addition to the indoor recreation facility, 2)
expanding parking area, 3) constructing a wiffle ball field, and 4) constructing one
(1) additional paddleball court, 12'/2 C East Terrace.
2. The applicant is also seeking site plan approval to amend a previously approved
plan for a 2500 sq. ft. indoor recreational facility and outdoor recreational
facilities. The amendment consists of a multi -phase project to include: 1)
constructing an 1800 sq. ft. addition to the indoor recreation facility, 2) expanding
parking area, 3) constructing a wiffle ball field, and 4) constructing one (1)
additional paddleball court, 12'/a C East Terrace.
3. The owner of record of the subject property is Burlington Tennis Club, Inc.
4. The subject property is located in the Residential 7 (R7) Zoning District.
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5. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Burlington Tennis Club 12 East Terrace South Burlington Vermont 05403
Proposed Site Improvements 12 East Terrace South Burlington Vermont",
prepared by Civil Engineering Associates, Inc., dated May, 2008.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
The subject property is located within the Residential 7 Zoning District. The existing use
of indoor/outdoor recreational use is a conditional use in the zoning district. There are
no changes to the proposed use of the subject property.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
Again, the subject property is located within the Residential 7 Zoning District, whose
stated purpose is to "encourage high density residential use ..... other commercial uses
may be permitted within the district in locations that have direct access to arterial and
collector streets and that will not adversely affect residential properties."
3. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposal will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
The recreational facilities and buildings are located deep within the parcel and are
largely concealed from public view. The proposed addition is to be located to the rear of
the property, nearest the commercial zone, and will not adversely affect the ability of
adjacent properties to develop for appropriate uses.
(c) Traffic on roads and highways in the vicinity.
The proposed addition of 1800 square feet of indoor recreation use is expected to
generate 1.5 additional PM Peak hour trip ends.
(d) Bylaws in effect.
The parcel is in compliance with the bylaws in effect. The additional square footage of
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recreational use is sufficiently covered by the proposed addition of 30 new parking
spaces.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(0 General public health and welfare.
The proposal will not have an adverse affect on general public welfare or the health of
the surrounding public.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(a) 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 project will only improve the transition from structure to site and from
structure to structure.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Most of the parking is existing and is to the front of the building. There are no other viable
locations on site to relocate all parking.
(c) 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.
The existing height of the building and proposed addition is 20 feet which is well below the
permissible building height.
(d) 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.
(e) 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.
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The applicant has stated that the proposed addition will match the existing building.
(fl 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 has stated that the proposed addition will match the existing building.
Site plan applications shall meet the following specific standards as set forth in
Section 14.07 of the South Burlington Land Development Regulations:
(a) 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.
It is not necessary to require any additional access to abutting properties.
(b) 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.
It has already been stated that pursuant to Section 15.13(E) of the Land Development
Regulations, any new utility lines, services, and service modifications shall be
underground.
(c) 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).
There is no need to revise the site plan with respect to this criterion.
(d) Landscaping and Screening Requirements
The proposed additions will cost $60,000. Therefore, there shall be a minimum of $1800 in
new landscaping. The applicant is proposing $3,000 in new plantings, specifically a 6' high
cedar hedge along the boundary shared with the single family homes. This is sufficient.
Access/Circulation
Access and circulation on the property will remain unchanged through the proposed
project.
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Lighting
The applicant is proposing new pole lights for the additional tennis court. However, no
light sheets or lighting plan was submitted. The applicant shall submit these before
permit issuance to ensure that no glare will be directed onto neighboring residential
properties.
Q, DECISION y
Motion by �`��r seconded by ��� 1 ��E to
approve Conditional Use Application #CU-08-04 and Site Plan Application #SP-08-44 of
Burlington Tennis Club, 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 plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
4. The applicant shall submit lighting cut sheets prior to permit issuance. Any new
exterior lighting shall consist of downcasting fixtures. Any change to approved
lights shall require approval of the Administrative Officer prior to installation.
5. Prior to permit issuance, the applicant shall post a landscaping bond in the
amount of $1800. 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. For the purpose of calculating road impact fees under the South Burlington
Impact Fee Ordinance, the Development Review Board estimates that this
project will generate 1.5 additional vehicle trip ends during the p.m. peak hour.
7. The applicant shall obtain a zoning permit for the first phase within six (6) months
of this approval. The Development Review Board grants at period of five (5)
years for approval of phases 2-5 of the proposed development. At such time as
the five years is reached and the applicant has not sought a zoning permit for
phases 2-5 they shall be eligible, per Section 17.04 of the South Burlington Land
Development Regulations for one (1) extension to an approval if the application
takes place before the approval has expired and if the Development Review
Board determines that conditions are essentially unchanged from the time of the
original approval. In granting such an extension, the Development Review Board
may specify a time up to one (1) year for the extension.
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8. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of any of the approved phases.
9. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — yea/nay/abstain ` ot_p se
Matthew Birmingham — yea/nay/abstairkfnot presen
John Dinklage — a nay/abstain/not pres
Roger Farley — e nay/abstain/not present
Eric Knudsen — e nay/abstain/not present
Peter Plumeau — , a/nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote
Signed this _L2 day of 2008, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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