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HomeMy WebLinkAboutCU-08-01 SP-08-06 - Decision - 0160 Hinesburg Road#CU-08-01 #SP-08-06 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ROMAN CATHOLIC DIOCESE OF BURLINGTON - RESURRECTION PARK CEMETERY CONDITIONAL USE APPLICATION #CU-08-01 SITE PLAN APPLICATION #SP-08-06 FINDINGS OF FACT AND DECISION The Roman Catholic Diocese of Burlington, referred to hereafter as the applicant, is seeking conditional use and site plan approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. The request is for expansion of the Resurrection Park Cemetery consisting of: 1) site preparation for additional grave sites, 2) constructing columbarium, and 3) constructing new roadways. The applicant is also seeking site plan approval for the expansion of the Resurrection Park Cemetery consisting of: 1) site preparation for additional grave sites, 2) constructing columbarium, and 3) constructing new roadways, Hinesburg Road. The Development Review Board held a public hearing on Tuesday, February 19, 2008. John Woodman 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 and site plan approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. The request is for expansion of the Resurrection Park Cemetery consisting of: 1) site preparation for additional grave sites, 2) constructing columbarium, and 3) constructing new roadways. The applicant is also seeking site plan approval for the expansion of the Resurrection Park Cemetery consisting of: 1) site preparation for additional grave sites, 2) constructing columbarium, and 3) constructing new roadways, Hinesburg Road. 2. The owner of record of the subject property is the Roman Catholic Diocese of Burlington. 3. The subject property is located in the Residential 4 (R4) Zoning District. 4. The plan submitted consists of a 16 page set of plans, page one (1) entitled, "Resurrection Park Cemetery Roman Catholic Diocese of Burlington Resurrection Park Cemetery Committee Hinesburg Road, South Burlington, Vermont. 05401 ". - 1 - #C U-08-01 #SP-08-06 5. These applications are for re -approval of Conditional Use and Site Plan applications that were approved on March 18, 2003, expired, re -approved on April 4, 2006, and also expired. 6. There are no changes to the previously approved plans. DECISION Motion by Gavle Quimby, seconded by Roger Farley, to approve Conditional Use Application #CU-08-01 and Site Plan Application #SP-08-06 of The Roman Catholic Diocese of Vermont, 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. Re -approval of this cemetery master plan shall be required for all phases beyond phase two. 4. Any exterior lighting shall be downcasting and fully shielded to minimize glare and prevent excess light from shining onto adjacent properties or rights -of -way. 5. Any outdoor trash facilities on the subject property must be screened from view from adjacent properties and rights -of -way. 6. The applicant shall be required to obtain a zoning permit for each phase of site development. 7. The applicant shall obtain a zoning permit for phase one site development within six months of this decision pursuant to section 17.04 of the South Burlington Land Development Regulations. In addition, the applicant shall obtain a zoning permit for phase two in 2008. 8. Prior to the issuance of a zoning permit for each phase, the applicant shall pay a traffic impact fee. Site development in 2008 will result in an additional 5.208 vehicle trip ends. Site development in 2010 will result in an additional 8.364 vehicle trip ends. Traffic impacts for all future phases shall be determined at the time of re -approval. 9. Prior to the issuance of a zoning permit for each phase, the applicant must provide a landscaping performance bond or other form of surety to guarantee approved landscape plantings for that phase of site development. The performance bond must guarantee plantings for a period of three (3) years. The first phase of development shall require a landscaping bond in the amount of $13,785. The amount of surety for phase two shall be established at the time of zoning permit issuance by the Administrative Officer based on the landscaping planting schedule for phase two. The amount of surety for each additional phase shall be established at the time of re -approval based on the landscape planting schedule or such phase. -2- #CU-08-01 #S P-08-06 10. Prior to the issuance of the first zoning permit, the applicant must address the following: a. The plans must be revised to delineate existing and proposed parking for employees and patrons of the site. b. The plans must be revised to show a bike rack on the subject property. c. The plans must be revised to address the City Arborist's concern about the Red Oak tree spacing. d. The plans must be revised to show all outdoor lighting fixtures and trash facilities. e. The applicant must submit three (3) copies of the revised set of plans to the Administrative Officer. 11. There shall be no further development of: 1) family garden site (area K), 2) development areas L and M, and 3) the adjacent pond to the north of Prouty Parkway, without prior approval of the Development Review Board. 12. 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. 13. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the columbariums. 14. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr — eOnay/abstain/not present Matthew Birmingham — ea ay/abstain/not present John Dinklage — ea/na abstain�1present , Roger Farley — nay/abstain/not present Eric Knudsen e nay/abstain/not present Peter Plumeau — e nay/abstain/not present Gayle Quimby — eq/iiay/abstain/not present Motion carried by a vote of �- (� - 0 A Signed this a day of 2008, by -3- #CU-08-01 #SP-08-06 Mark Behr, Vice Chairman 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). BEIM