HomeMy WebLinkAboutCU-04-10 SP-04-35 - Decision - 0160 Hinesburg RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
ROMAN CATHOLIC DIOCESE OF BURLING TON-S T. JOHN VIANNEY
CONDITIONAL USE APPLICATION #CU-04-10
SITE PLAN APPLICATION #SP-04-35
FINDINGS of FACT AND DECISION
St. John Vianney Church, hereinafter referred to as the applicant, is requesting
Conditional Use approval under Section 14.10 of the South Burlington Land
Development Regulations and site plan approval to expand a place of worship by: 1)
constructing a 9,546 sq ft parish hall with classrooms & gathering area, and 2) razing a
588 sq ft garage, 160 Hinesburg Road. The South Burlington Development Review
Board held a public hearing on October 19, 2004. Dennis Webster 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
1. The applicant is requesting Conditional Use approval under Section 14.10 of the
South Burlington Land Development Regulations and site plan approval to expand a
place of worship by: 1) constructing a 9,546 sq ft parish hall with classrooms & gathering
area, and 2) razing a 588 sq ft garage, 160 Hinesburg Road.
2. The property is located in the Residential 4 (R4) Zoning District and the Traffic
Overlay District -Zone 3.
3. The owner of record of the property is Roman Catholic Diocese of Burlington.
4. The plans consist of a seven (7) page set of plans, page one (1) entitled, "St. John
Vianney Church New Parish Hall Hinesburg Road Existing Conditions South Burlington
Vermont", prepared by Champlain Consulting Engineers, dated 8/26/04, last revised on
9/9/04.
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Table 1. Dimensional Requirements
R4 Zoning District
Required
Proposed
Min. Lot Size
40,000 SF
180,974 SF
Max. Building Coverage
30%
10.5%
Max. Overall Coverage
60%
46.5%
Min. Front Setback
57 ft.
>57 ft.
Min. Side Setback
10 ft.
>10 ft.
Min. Rear Setback
30 ft.
>30 ft.
♦ Front Yard Coverage
30%
34.6%
zoning compliance
♦ pre-existing noncompliance
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 proposed project is consistent with the planned character of the area, as defined by
the Comprehensive Plan.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
The proposed is consistent with the stated purpose of the R4 Zoning District.
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 proposed project 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 proposed project will not have an adverse affect on the character of the
neighborhood or zoning district that this property falls within.
(c) Traffic on roads and highways in the vicinity.
The proposed structure is estimated to generate 6.30 P.M. peak -hour vtes and the
existing structure is estimated to generate 6.41 P.M. peak -hour vtes. Thus, the property
is estimated to generate a total of 12.71 P.M. peak -hour vtes. The subject property is
located in the Traffic Overlay District — Zone 3, and can therefore generate a total of
203.60 P.M. peak -hour vtes.
(d) Bylaws in effect.
The proposed project is in keeping with applicable regulations.
(e) Utilization of renewable energy resources.
The proposed project will not affect renewable energy resources.
(t) General public health and welfare.
The proposed project will not have an adverse affect on general public welfare.
Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
The Development Review Board, in granting conditional use approval, may impose
conditions of the following:
1. Size and construction of structures, quantities of materials, storage locations,
handling of materials, and hours of operations.
It is not necessary to impose any of these conditions to the proposed project.
2. Warning systems, fire controls, and other safeguards.
It is not necessary to impose any of these conditions to the proposed project.
3. Provision for continuous monitoring and reporting.
It is not necessary to impose any of these conditions to the proposed project.
4. Other restrictions as may be necessary to protect public health and safety.
It is not necessary to impose any of these conditions to the proposed project.
SITE PLAN REVIEW STANDARDS
Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the
proposed conditional use shall meet the following standards:
(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.
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The proposed project has been planned to accomplish a desirable transition from structure
to site, from structure to structure, and to provide for adequate planting, safe pedestrian
movement.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking spaces are located to the rear of the existing and proposed
buildings.
(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 proposed structure will be 28' tall, which is in compliance with Section 3.07 of the
Land Development Regulations.
(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.
The proposed landscaping is adequate to satisfy this requirement.
(f) 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 structure will relate harmoniously to existing buildings in the area.
(g) 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 easements as part of the proposed
project.
(h) 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.
M
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(i) 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 depict a screened dumpster on the subject property.
Q) Landscaping and Screening Requirements
Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will
require a minimum of $16,500 of landscaping. The applicant has submitted an adequate
landscape plan. In addition, the applicant submitted a landscape budget prepared by a
landscape professional.
DECISION �I
Motion by �JL'72- GUM N , seconded by �l�I� X �Lr�Cly!
to approve Conditonal Use applic tion #CU-04-10 and Site Ian application #SP-04-35
of St. John Vianney Church, subject to the following conditions:
1) All previous approvals and stipulations, which are not superseded by this approval,
shall remain in effect.
2) The project shall be completed as shown on the plans submitted by the applicant , as
amended by this decision, and on file in the South Burlington Department of Planning
& Zoning.
3) The plan shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plan shall be
submitted to the Administrative Officer prior to permit issuance.
a) The landscaping plan shall be revised to depict the dumpster location, relocated
garage, and other changes to have plan match the site plan (sheet C-2).
4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
5) For the purposes of calculating traffic impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the expansion will
generate 6.3 additional vehicle trip ends during the P.M. peak hour.
6) The applicant shall post a landscape bond for $16,500, prior to the issuance of the
zoning permit. 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.
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7) All new exterior lighting shall consist of downcasting fixtures. Any change to
approved lights shall require approval of the Administrative Officer prior to the
installation.
8) If necessary, the applicant shall obtain wastewater allocation approval from the
Director Planning and Zoning, Juli Beth Hinds, prior to issuance of a zoning permit.
9) 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.
10) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the new building.
11) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Chuck Bolton—f!yenay/abstain/not resent
Mark Boucher—() ea/nay/abstain not prese
John Dinklage 14nay/abstain/not present
Roger Farley — ay/abstain/not present
Michele Kupersmith - ea/nay/abstai not presen
Larry Kupferman e nay/abstain/not present
Gayle Quimby — �ea ay/ abstain/not present
Motion carried by a vote of - V
Signed this / 4/ day of October, 2004
P
John Dinklage, Chair
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. 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).
Wev