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HomeMy WebLinkAboutCU-02-22 SP-02-39 - Decision - 0012.5 C East Terrace#CU-02-22 #SP-02-39 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Conditional use and site plan applications #CU-02-22 and #SP-02-39 of Burlington Tennis Club to amend a previously approved plan for a 2500 sq. ft. indoor recreational facility with a 1500 sq. ft. porch, pool, tennis courts, and paddle tennis courts. The amendment consists of the reconstruction of the indoor recreational facility (clubhouse) with a 2090 sq. ft. porch, 12 '/2 C East Terrace. On the 17th of September 2002, the South Burlington Development Review Board approved the request of the Burlington Tennis Club seeking conditional use approval under Section 26.05, and site plan approval under Section 26.10 of the South Burlington Zoning Regulations, based on the following findings: 1) This project consists of a replacing a 2500 square foot indoor recreation building and 1500 square foot porch with a 2160 sq. ft. indoor recreation building (clubhouse) with a 2090 sq. ft. porch. 2) The owner of record is the Burlington Tennis Club. 3) The property is located at 12 '/2 C East Terrace within the Commercial 1 District. It is bounded on the north by Staples Plaza, on the west by a single family residential neighborhood, on the south and east by undeveloped property. 4) Access: Access is provided via an existing 50 foot wide right-of-way between two residential lots on East Terrace. 5) Coverage/setbacks: The proposed building meets the required setback of 65 feet from the Residential 4 District boundary line per Section 25.108 of the zoning regulations. An existing pool house does not meet the setback requirement. Building coverage is 1.37% (maximum allowed is 30%). Overall coverage is 22.43% (maximum allowed is 70%). 6) Lighting: The applicant proposed a downcasting and shielded, low voltage light for the walkway. The only exterior lighting on the building will be recessed. 7) Landscaping_ The minimum landscaping requirement is $6000 based on construction cost. The applicant requested a credit for existing landscaping. The applicant is hooking up to city sewer and may need to remove some plant material. The applicant proposed an in kind replacement of any landscape material lost during this work Staff recommended prior to issuance of a zoning permit the applicant submit a letter stating what plant material will be removed during construction of the project and what material is proposed as replacement. This replacement must be to staff s satisfaction. 8) Parking: There is no parking standard for an outdoor recreational facility in the current zoning regulations. There is however provided 1 accessible space and 32 regular spaces. The accessible space should be indicated on site with signage. There is overflow parking available within a grass area, which is included in the coverage calculations but is not used on a regular basis. A bike rack is provided. 9) Traffic: No traffic increase is expected as membership will not increase. 10) Dumpsters: The applicant proposed screened dumpsters as noted on the plan. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves site plan and conditional use applications #SP-02-39 and #CU-02-22 of the Burlington Tennis Club to amend a previously approved site plan for a 2,500 square foot indoor recreational facility (clubhouse) and 1500 square foot porch, pool, tennis courts, and paddle tennis courts. The amendment consists of replacing a 2500 square foot indoor recreation building and 1500 square foot porch with a 2160 sq. ft. indoor recreation building (clubhouse) with a 2090 sq. ft. porch, as depicted on a six (6) page set of plans, page one entitled "Burlington Tennis Club East Terrace South Burlington Vermont" prepared by Civil Engineering Associates and Truex Cullins & Partners, Architects, dated August 2002, with a last revised date of 9/9/02, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The Board approves a landscaping credit of $6,000 based on existing landscaping pursuant to Section 26.105 (a) of the zoning regulations. 3) Any new exterior lighting shall consist of downcasting and shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. 4) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates the new clubhouse will generate 0 additional vehicle trip ends during the P.M. peak hour. 2 5) Prior to issuance of a zoning permit, the applicant shall submit a letter stating what plant material will be removed during construction of the project and what material is proposed as replacement. This replacement shall be to staff s satisfaction. 6) The applicant shall post a landscape bond prior to permit issuance in an amount to be determined by staff and applicant. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 7) Prior to zoning permit issuance, the site plan shall be reviewed and approved by the city engineer. 8) The applicant shall obtain a zoning permit within six (6) months, pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 9) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative officer prior to the use of the newly constructed building. 10) Any change to the plan shall require approval by the South Burlington Development Review Board. Chair ot-v'`hxk, Date South Burlington Development Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V. R.C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of remedy, -finality). 3