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HomeMy WebLinkAboutCU-00-03 SP-00-03 - Decision - 1100 Dorset Street (2)#CU-00-03 & #SP-00-03 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, conditional use and site plan applications of National Gardening Association to use 1,300 square feet on the second floor of a 4500 square foot structure for a non-profit organization whose primary purpose is the provision of educational or research services related to agriculture, horticulture, forestry, natural resource preservation, the arts and recreation. On December 21, 1999 a site plan and conditional use application were approved to convert 1,600 square feet on the first floor of the 4,500 square foot structure for use by the National Gardening Association. The project will result in the National Gardening Association occupying at total of 2,900 square feet of the 4,500 square foot building. On the 7th of March, 2000, the South Burlington Development Review Board approved the conditional use and site plan applications of National Gardening Association based on the following findings: This property located at 1100 Dorset Street lies within the Park and Recreation District. It is bounded on the north by Swift Street, on the west by Dorset Street, on the south by the golf course and on the east by undeveloped land. Site Plan Criteria: Parking: Nineteen parking spaces are required. Fourteen parking spaces, including one handicapped space and a bike rack are provided. This is a five (5) space or 26.3% shortfall. The applicant requested a waiver. Access/Circulation: Access is provided via a 20' curb cut on Dorset Street. No changes proposed. Circulation on the site is adequate. Conditional Use Criteria: The proposed use complies with the stated purpose of the Park and Recreation District to "provide for and to protect recreational use and/or open space in municipal parks, beaches, natural areas and other land owned by the City." The proposed use will not adversely affect: a) the capacity of existing or planned community facilities. No affect expected. b) the character of the area affected. The proposed educational and research facility is compatible with the provision and protection of open space and natural areas. c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact traffic. d) bylaws in effect. The proposal is in conformance with the zoning regulations. e) utilization of renewable energy resources. There is no utilization of renewable energy resources to be affected. f) general public health and welfare. No adverse effect expected. Additional Standards: Any use proposed under Section 4.20 of the zoning regulations must demonstrate that the following additional standards will be met: 4.401 The proposed use will provide an affirmative public benefit to the City and its citizens. 4.402 The proposed use will provide for and protect public recreational use and open space on the project site. 4.403 The proposed use will include the provision of areas that may be used or accessed by the general public. The applicant has addressed these standards in a report. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves conditional use application #CU-00-03 and the site plan application #SP-00-03 of National Gardening Association to use 1300 additional square feet for a total of 2900 square feet of a 4,500 square foot structure for a not -for -profit organization whose primary purpose is the provision of educational or research services, related to agriculture, horticulture, forestry, natural resource preservation, the arts or recreation, 1100 Dorset Street, as depicted on a plan noted as "record copy", with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 26.256(b) of the zoning regulations, the Board approves 14 parking spaces, which is a five (5) space or 26.3% shortfall. It is the Board's opinion that adequate parking will be provided. 3. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 4. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the newly converted space. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board. Chair or Clerk Da South Burlington Development Review Board