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Home My WebLink AboutCU-04-03 SP-04-14 - Decision - 0012.5 C East TerraceCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING BURLINGTON TENNIS CLUB-12 % C EAST TERRACE CONDITIONAL USE # CU-04-03 SITE PLAN #SP-04-14 FINDINGS OF FACT AND DECISION Burlington Tennis Club, hereafter referred to as the "applicant", is requesting conditional use approval under Section 14.10 and site plan approval under Section 14.04 of the South Burlington Land Development Regulations. The request is to amend a previously approved plan for a 2,500 square foot indoor recreational facility and outdoor recreational facilities, including a pool, tennis courts, and a paddle ball court. The amendment consists of. 1) adding one (1) paddle ball court, and 2) constructing a 240 square foot warming hut, 12 %2 East Terrace. The Development Review Board held a public hearing on 04/20/2004. Greg Roberts represented the applicant. FINDINGS OF FACT 1. The applicant is requesting conditional use approval under Section 14.10 of the South Burlington Land Development Regulations. The request is for permission to construct an additional platform tennis court, 12 '/2 East Terrace. The same applicant is also requesting site plan approval to amend a previously approved plan for a 2,500 square foot indoor recreational facility and outdoor recreational facilities, including a pool, tennis courts, and a paddle ball court. The amendment consists of 1) adding one (1) paddle ball court, and 2) constructing a 240 square foot warming hut, 12 '/z East Terrace. 2. The property is located in the Residential 7 Zoning District. 3. The owner of record of the property is Burlington Tennis Club. 4. The site plan submitted is entitled, "Proposed Conditions Plan", prepared by Civil Engineering Associates, Inc., dated March, 2004. 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: -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 project accomplishes a desirable transition from structure to site and from structure to structure. The proposed paddle ball court and warming but will not increase the maximum occupancy of the Burlington Tennis Club, and therefore the parking requirements will remain the same. The site provides for adequate planting and the applicant has proposed $856 worth of landscaping on the property. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking layout on the subject property will not be altered as a result of this project. 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 height and scale of the proposed building are compatible with the site and the existing buildings in the area. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 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 Board does not feel the approval of the 240 square foot structure requires the submittal of architectural details. 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 paddle ball court and building relate harmoniously to the site and the existing buildings in the area. Site plan applications shall meet the following_ specific standards as set forth in Section 14.07 of the South Burlington 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. It is not necessary to create access to the properties that abut the subject property. -2- 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 plans show a dumpster adequately screened. Landscaping and Screening Requirements Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $840 of landscaping. The application states that $856 of landscaping will be provided in the form of two (2) Bergeson Green Ash trees. The plans depict the location of these trees. Pursuant to Section 13.06(G) of the Land Development Regulations, a landscape budget prepared by a landscape architect or professional landscape designer shall be submitted to ensure minimum planting costs are met. A landscape budget prepared by Distinctive Landscaping was submitted. Lighting Exterior lighting will consist of 12-1500 watt quartz halide flood lights mounted on poles with a maximum height of 20'. Six (6) of these lights are currently installed and six (6) will be installed as a result of the proposed project. The applicant submitted a lighting study that demonstrated that no light will be measurable beyond 70' from the courts. The courts are 100' from the nearest residential property line. To be certain the glare will not be visible from adjoining properties, the lights shall be tipped down as much as possible. Access/Circulation Access to the subject property and circulation on the subject property will remain unchanged through this project. Other The City Engineer reviewed and approved the plans on April 8, 2004 -3- CONDITIONAL USE CRITERIA Section 14.10(E) of the South Burlington Land Development Regulations establishes the following_ review standards for all conditional use applications: 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 proposed additional structures are in -line with the planned character of the area. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. According to Section 4.04(A) of the South Burlington Land Development Regulations, the R7 is hereby formed hereby formed to encourage high -density residential use. The district is located in areas that are near shopping areas, schools, and public transportation facilities and that are served by roads capable of carrying high traffic volumes. Offices and specified 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. The Board does not feel the proposed additional structures conflict with the stated purpose of the R7 District. The DRB must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. Educational facilities will not be affected by the proposed additional structures. (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 proposal is in keeping with the current uses on the property and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The addition the proposed structures will not have any significant impacts on traffic in the vicinity. (d) Bylaws in effect. The proposed structures are in keeping with bylaws and regulations in effect. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. 09 General public health and welfare. The Board does not believe that the proposed structures will have an adverse affect on general public health and welfare. DECISION Motion by Oao - F)Wc( e- , seconded by i2 QI lAhlnn) to approve Site plan Application #SP-04-14 and Conditional Use Application #C 4-03 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) All twelve (12) lights shall be tipped down as much as possible to ensure that glare from these lights is not visible from adjacent properties. 5) Prior to issuance of a zoning permit, the applicant shall post an $840 landscape bond. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 6) 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. 7) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the new structures. 8) Any change to the site plan shall require approval by the South Burlington Development Review Board. -5- C Chuck Bolton — enea/abstain/not present Mark Boucher — nea/abstain/not present John Dinklage - e nea/abstain/not present Roger Farley - yea/nea/abstain/nCai� Michele Kupersmith - yea/nea/abstain/ -o Larry Kupferman - dpVnea/abstain/not present Gayle Quimby - 3(y?hea/abstain/not present Motion carried by a vote of 5 -0 - 0 Signed on this ':�' -3 day of �'�- w� , 2004 by John Dinklage, Chair South Burlington Development Review Board Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. If you fail to appeal this decision your right to challenge this decision at some point in the future 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). WOE