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HomeMy WebLinkAboutSP-94-0000 - Decision - 0080 Farrell StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Burlington Indoor Tennis Center, Inc. /Twin Oaks Sports & Fitness to amend a previously approved site plan to increase the size of the day care from 24 children to 59 children on a lot containing an indoor recreation facility and day care, 80 Farrell Street. On the 29th of November, 1994, the South Burlington Planning Commission approved the request of Burlington Indoor Tennis Center, Inc. /Twin Oaks Sports & Fitness for site plan review under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of amending a previously approved site plan to increase the size of the day care from 24 children to 59 children on a lot containing an indoor recreation facility and day care, 80 Farrell Street. The site plan being amended was approved on 6/28/94. 2. This property located at 80 Farrell Street lies within the C2 District. It is bounded on the north by a single family residence and Rice High School, on the east by a vacant lot, on the south by Joy Drive and on the west by Farrell Street. 3. Access/circulation: Access is provided by two (2) curb cuts on Joy Drive. The westerly curb cut is 26 feet in width and the westerly curb cut was reduced in width from 46 feet to 28 feet. No change proposed. Circulation is adequate. 4. Coverage/setbacks: Building coverage is 12.3 % (maximum allowed is 30%) . Overall coverage is 41%. (maximum allowed is 70%) . Front yard coverage along Farrell Street is 19.4% and along Joy Drive is 59.8 % (maximum allowed is 30%) . No change proposed. Setback requirements are not met. The building does not meet the front setback from Joy Drive and the 65 foot setback from a residential district. This is a noncomplying structure subject to section 26.002 of the zoning regulations. 5. Landscaping: No additional landscaping required. A small green area located south of the handicapped space at the east end of the building was not constructed. 6. Parking: There are no minimum parking standards in the zoning regulations for the existing and proposed uses. Based on parking standards for day care and health club, and averaging these standards together, it is estimated that 42 spaces would be required. Plan shows 29 spaces including two (2) handicapped spaces for a 13 space shortfall (31%) . Applicant submitted a parking assessment for the 6/28/94 approval which estimated that 30 spaces would be adequate. The Planning Commission approved 29 spaces as part of the 6/28/94 approval. It is the applicant's position that it was their intention all along that they would have 59 children (cumulative) and their parking analysis took this into account. Staff was satisfied that parking will continue to be adequate. 7. Sewer: No additional allocation needed. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the site plan application of Burlington Indoor Tennis Center, Inc. /Twin Oaks Sports & Fitness to amend a previously approved site plan to increase the size of the day care from 24 children to 59 children on a lot containing an indoor recreation facility and day care, 80 Farrell Street, as depicted on a plan entitled "Kids & Fitness, Twin Oaks, 80 Farrell Street, S. Burlington, Vermont", as prepared by Smith, Alvarez, Sienkiewycz, Architects, dated 7/7/94, last revised 7 / 11 / 94, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicant shall obtain a zoning permit to increase the size of the day care within six (6) months or this approval is null and void. 3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to increasing the size of the day care from 24 children to 59 children. 4. Any change to the site plan shall require approval by the South Burlington Planning Commission. 5. The plan shall be revised within 30 days to show the green island at the southeast corner of the building removed. 6. As expressly represented by the applicant, there shall be no more than 30 children in the day care at anyone time. Chairman or Clerk South Burlington Planning Commission Date 2