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HomeMy WebLinkAboutSP-06-13 CU-06-02 - Decision - 0160 Hinesburg Road#CU-06-02 #SP-06-13 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD RESURRECTION PARK CEMETERY— HINESBURG ROAD SITE PLAN #SP-06-13 & CONDITIONAL USE #CU-06-02 FINDINGS OF FACT, CONCLUSIONS & DECISION The Roman Catholic Diocese of Vermont, hereafter referred to as the applicant, is requesting site plan and conditional use approval for expansions to the Resurrection Park Cemetery. The proposal involves site preparation for additional grave sites, construction of columbarium, and construction of new roadways. The South Burlington Development Review Board (DRB) held a public hearing on April 4, 2006. Based on testimony given at the above mentioned public hearing and on the plans and supporting materials contained in the document file for this application, the DRB finds, concludes and decides as follows: FINDINGS OF FACT The applicant is requesting site plan and conditional use approval for expansions to the Resurrection Park Cemetery. The proposal involves site preparation for additional grave sites, construction of columbarium, and construction of new roadways. 2. The subject property is located at '160 Hinesburg Road, contains approximately 41 acres, and falls within the Residential 4 (R4) and Traffic Overlay Districts. 3. This development proposal was approved on 3/18/03, but the approval became null and void because a zoning permit was not issued within six (6) months of the approval. CONCLUSIONS ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The proposal complies with the maximum building coverage, maximum overall lot coverage, maximum front yard coverage, maximum building height, and setback requirements of the IC District. Traffic Overlay District Zone 5 2. The subject property falls within Zone 5 of the Traffic Overlay District. Uses in this zone may generate a maximum peak hour volume of 45 trips per 40,000 sq. ft. of land. This would allow a maximum peak hour volume of 2,009 trip ends. According to Institute of Transportation Engineers (ITE) data, the proposed cemetery expansion will generate significantly less than this allowed range of traffic, with a maximum average daily traffic generation of 198 vehicle trip ends (vte) per day. Nonetheless, the -1- FINDINGS OF FACT, CONCLUSIONS & DAXISION RESURRECTION PARK CEMETERY - #SP-03-05 & #CU-03-04 proposed progressive expansion of the cemetery will slowly generate more traffic, and the applicant should pay traffic impact fees accordingly. 3. Currently, 15.5 acres of the subject property are developed for cemetery use. According to ITE data, this generates an average of 13.02 vte per PM peak hour of an adjacent street. In 2006, 6.2 acres are proposed to be developed for expanded cemetery use. Based on ITE data, this would generate an additional 5.208 vte per PM peak hour of an adjacent street. In 2008, 4.6 acres are proposed to be developed for expanded cemetery use. Based on ITE data, this would generate another 3.864 vte per PM peak hour of an adjacent street. Traffic impacts of phases beyond phase two, will need to be evaluated as these future phases are permitted. SITE PLAN REVIEW STANDARDS Pursuant to Section 26.102 of the Zoning Regulations, the DRB may consider the following in its review of a site plan application: (a) Pedestrian and vehicular access. 4. Vehicular access is provided via an existing 30 ft. ingress and egress curb cut on Hinesburg Road, and a 9 ft. service curb cut on Hinesburg Road along the southerly property line. 5. A public sidewalk exists along the westerly side of Hinesburg Road. Internal sidewalks are not provided, but the cemetery adequately accommodates pedestrian traffic. 6. Staff notes that the City of South Burlington Official Map shows a proposed recreation path/pedestrian trail running diagonally across the subject property. However, the Recreation Path Committee reviewed the proposed cemetery expansion plans and determined that it is no longer interested in pursuing a recreation path easement on this property. (b) Circulation. 7. With the exception of the approximately 120 ft. long service road, all interior roadways appear to be at least 18 ft. wide and can accommodate two-way vehicular traffic. Circulation is proposed to be two-way throughout the site. The DRB concludes that the circulation plan is adequate. (c) Parking. 8. Existing parking is provided adjacent to the maintenance building at the southwesterly corner of the property. Spaces are not delineated on the plans; however, it appears that there is room for about 10 parking spaces in this area. The applicant has indicated that there are currently 1 to 3 employees on the site, but has not indicated whether these are full-time employees. No other parking is indicated on the plans. The plans need to be revised to indicate where the 2 FINDINGS OF FACT, CONCLUSIONS & UcCIS1ON RESURRECTION PARK CEMETERY- #SP-03-05 & #CU-03-04 applicant intends to provide parking for funerals or other activities on the subject property. 9. Pursuant to Section 26.253(b), bicycle parking shall be provided for employees and patrons on the subject property. No bicycle parking is provided. (d) Landscaping, screening and outdoor lighting. 10. Pursuant to Section13.06(G) of the Land Development Regulations, minimum landscaping cost requirements are typically determined as a percentage of building construction costs; however, the cemetery proposal does not include construction of buildings. Rather, the cemetery master plan is essentially a landscaping plan in and of itself. Therefore, minimum cost requirements may not be applicable to this application. Nonetheless, pursuant to Section 13.06(H) of the Land Development Regulations, the applicant must provide a performance bond or other form of surety acceptable to the city to guarantee the completion of the approved landscaping and site restoration. The performance bond must guarantee all plantings for a period of three years. 11. The plans include a phasing schedule, which establishes time frames for site development within designated areas within the cemetery. Site development is proposed for two areas in 2006, one area in 2008, two areas in 2050, one area in 2075, and three areas in 2100. The DRB concludes that the applicant should obtain a zoning permit for each phase of site development. Furthermore, prior to the issuance of each permit, the applicant must provide a landscape planting cost estimate for the sites to be developed in that phase, which can be used as a basis for establishing the amount of required landscaping bond that phase. Accordingly, the applicant has submitted a landscaping cost estimate of $13,785 for the first phase of site development. Subsequent bonding amounts shall be determined based on each landscaping cost estimate submitted by the applicant for each subsequent phase. 12. Public Works Arborist Craig Lambert has reviewed the plans and notes that the proposed landscape plantings are appropriate. However, Mr. Lambert notes that the proposed red oak plantings may be a little close when the trees reach maturity, as the typical crown spread for Red Oak is 50-60 ft. Mr. Lambert requests that the plans reflect that future thinning may be needed at this spacing. 13. No outdoor lighting is shown as existing or proposed on the site. Any outdoor lighting must be indicated on the plans. In addition, all outdoor lighting fixtures must be shielded and downcasting. 14. No dumpsters or outdoor trash areas are shown on the plans. All outdoor trash storage facilities need to be indicated on the plans. Furthermore, all such facilities must be screened from view from adjacent properties or rights -of -way. (e) Other 15. City Engineer Bill Szymanski has reviewed the proposed plans and noted that the existing metal pipe on the adjacent Prouty Parkway property should be replaced and the outlet structure for the proposed detention pond should be connected to the Prouty Parkway storm sewer system. 3 FIIvOINGS OF FACT, CONCLUSIONS & GCCISION RESURRECTION PARK CEMETERY - #SP-03-05 & #CU-03-04 CONDITIONAL USE CRITERIA 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. 16. The applicant calculates a maximum average daily traffic generation of 198 vehicle trip ends per day, based on ITE data. The data are dependent on the size of the cemetery in acres. The size of the cemetery is not changing, but the area developed for cemetery use will gradually increase. Currently, 15.5 acres of the subject property are developed for cemetery use. According to ITE data, this generates an average of 13.02 vte per PM peak hour of an adjacent street. No residential uses are proposed. Based on ITE data, proposed site development in 2006 will generate 5.208 vte per PM peak hour of an adjacent street and site development in 2008 will generate 3.864 vte per PM peak hour of an adjacent street. Traffic impact fees shall be paid as site development proceeds. The DRB concludes that 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. 17. The proposal 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. 18. Again, the applicant calculates a maximum average daily traffic generation of 198 vehicle trip ends per day based on the size of the cemetery in acres. Currently, 15.5 acres of the subject property are developed for cemetery use. According to ITE data, this generates an average of 13.02 vte per PM peak hour of an adjacent street. Based on ITE data, proposed site development in 2006 will generate 5.208 vte per PM peak hour of an adjacent street and site development in 2008 will generate 3.864 vte per PM peak hour of an adjacent street. Traffic impact fees shall be paid as the phased site development proceeds. The DRB concludes that increased traffic as a result of this proposal will not adversely affect service levels on roads and highways in the vicinity. (d) Bylaws in effect. 19. The proposed site development and use are in keeping with current regulations. (e) Utilization of renewable energy resources. 20. No development or uses are proposed that would affect renewable energy resources. (0 General public health and welfare Cl FhvDINGS OF FACT, CONCLUSIONS & UrCISION RESURRECTION PARK CEMETERY - #SP-03-05 & #CU-03-04 21. The proposed cemetery expansion will not have an adverse affect on general public welfare. DECISION MOTION by L �mmiI, seconded by �(7 �r�� to approve site plan application #SP-06-13 and conditional use application #CU-06-02 of The Roman Catholic Diocese of Vermont, subject to the following conditions: This project shall be completed as shown on the plans dated February 11, 2003, by TK Landscape Architects and O'Leary -Burke Civil Associates, as amended by this decision and on file in the Department of Planning and Zoning. 2. Reapproval of this cemetery master plan shall be required for all phases beyond phase two. 3. 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. 4. Any outdoor trash facilities on the subject property must be screened from view from adjacent properties and rights -of -way. 5. The applicant shall be required to obtain a zoning permit for each phase of site development. 6. The applicant shall obtain a zoning permit for phase one site development within six months of this decision pursuant to Section 17.02 of the South Burlington Land Development Regulations. In addition, the applicant shall obtain a zoning permit for phase two site development prior to July 1, 2008. 7. Prior to the issuance of a zoning permit for each phase, the applicant shall pay a traffic impact fee. Site development in 2006 will result in an additional 5.208 vte. Site development in 2008 will result in an additional 3.864 vte. Traffic impacts for all future phases shall be determined at the time of reapproval. 8. 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 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 landscape planting schedule for phase two. The amount of surety for each additional phase shall be established at the time of reapproval based on the landscape planting schedule for such phase. 9. Prior to the issuance of the first zoning permit, the applicant must address the following: The plans must be revised to delineate existing and proposed parking for employees and patrons of the site. 5 FIivvINGS OF FACT, CONCLUSIONS & D CISION RESURRECTION PARK CEMETERY - #SP-03-05 & #CU-03-04 b. The plans must be revised to show a bike rack on the subject property. C. The plans must be revised to address the Public Works Arborist's concern about the red oak tree spacing. d. The plans must show all outdoor lighting fixtures and trash facilities. e. The applicant must submit 3 sets of revised plans to the Department of Planning and Zoning. 10. There shall be no further development of: 1) family garden site (areas 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. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain of presen Chuck Bolton — ay/abstain/not present John Dinklage ay/abstain/not present Roger Farley — e nay/abstain/not present Larry Kupferman — �/nay/abstain/not present Gayle Quimby — yea/nay/abstain of p se ent Motion carried by a vote of ' - O - 0 7 Signed this day of ��ti'L-z 2006, by 1 LJohn Dinklage, UChair 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). 1.1